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HomeMy WebLinkAboutCC 2015-09-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 24, 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 September 24, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 10/20/2015 City Commission Meeting Minutes September 24, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 24th day of September 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 9:09 a.m., recessed at 11: 58 a.m., reconvened at 3: 06 p.m., and adjourned at 9:14 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chamber at 9:45 a.m., Commissioner Carollo entered the Commission chamber at 9:46 a.m., Vice Chair Hardemon entered the Commission chamber at 9:48 a.m. and Commissioner Suarez entered the Commission chamber at 9: 52 a. m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: The members of the City Commission, I have Frank Carollo, Francis Suarez, Marc Sarnoff, Vice Chairman Keon Hardemon; and myself Chairperson Wifredo "Willy" Gort. Also, we have City Manager Alfonso, Daniel Alfonso; City Clerk are Todd; and the City Attorney, we have Victoria Mendez. At this time, I'll ask you to stand and we'll have our prayer and -- Mr. Manager, will you do the pledge? Invocation and pledge of allegiance delivered. Chair Gort: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 15-01234 PRESENTATION Honoree City of Miami Employees 25, 30, and 35 year service milestone University of Miami School of Architecture Buena Vista Residents Presenter Protocol Item Mayor Regalado Service Award and Commissioners Mayor Regalado Mayor Regalado and Vice Chair Hardemon Recognition Award Certificate of Appreciation 15-01234 Protocol List.pdf 15-01234-Submittal-Dean Rodolphe el -Khoury -University of Miami Proclamation Presentation.pdf City of Miami Page 3 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PRESENTED 1) 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. 2) Mayor Regalado presented a proclamation to Rodolphe el -Khoury, Dean of the School of Architecture at the University of Miami honoring his exemplary work as an educator while keeping the mission to strengthen the foundations of our community; furthermore recognizing the importance of an enlightened sensibility in elevating the quality of life for our residents and maintaining the aesthetic and intellectual well-being of our City. 3) Mayor Regalado presented the residents of Buena Vista with certificates of appreciation, expressing gratitude for their participation in the First Annual Community Pride Day, an event to encourage and promote pride in the Buena Vista West neighborhood. Chair Gort: (UNINTELLIGIBLE) certification to give out. Mr. Manager. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we need -- minutes? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Planning & Zoning Commission meeting minutes from July 23, 2015. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Todd B. Hannon (City Clerk): Chain; there are no mayoral vetoes. Chair Gort: Thank you, Manager. Ladies and gentlemen, we're going to be a little patient today, we understand what the weather is like, so (UNINTELLIGIBLE) until the Commissioners get here. In the meantime, Madam Attorney, will you go over the procedures? City of Miami Page 4 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Victoria Mendez (City Attorney): Yes. Thank you, Mr. Chairman, and good morning. I will now state the procedures to be followed during this meeting. Any person who is a lobbyist, including all (UNINTELLIGIBLE) persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code. A copy of this Code section is available in the City Clerk's Office. The material for each item on the agenda is available during regular business hours at the City Clerk's Office or online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered on this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by the City staff and City Attorney on items on the agenda today. Thank you. Chair Gort: Thank you, ma'am. Mr. Manager. Later... Chair Gort: Okay, good morning. We have a quorum. Mr. Manager. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman and Commissioners. I want to point out that RE.1, the sculpture donations, are to be deferred to the October Commission meeting at the request of the district Commissioner. RE.12, we were informed, was to be deferred also, at the request of the District 4 Commissioner. Items SR.1 and RE.7 are companion items. Chair Gort: SR.1? Mr. Alfonso: SR.1 and RE.7 are companion items, and we should -- we were requesting that they be heard together -- Chair Gort: Okay. Mr. Alfonso: -- as well as SR. 4 through 7, and PZ 3 through 6. So, PZ 3, 4, 5, and 6. Chair Gort: SR.4, second reading. Mr. Alfonso: SR.4, 5, 6, and 7 -- City of Miami Page 5 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Together. Mr. Alfonso: -- together with PZs.3, 4, 5, and 6. Chair Gort: Then we'll have to do it in the afternoon? Mr. Alfonso: Yes, we'll have to do those in the afternoon, Mr. Chairman. Those are related to the Wynwood Neighborhood Revitalization District. Chair Gort: Any other items? Mr. Alfonso: PZ 7 -- and this will be read this afternoon when the PZ (Planning & Zoning) agenda is read -- is to be continued and PZs. 8 and 11. Chair Gort: PZ.8 and 11, what happens to them? Mr. Alfonso: Are also to be continued. Chair Gort: Okay. Make sure you put it outside so people can see it. Mr. -- Todd B. Hannon (City Clerk): Excuse me, Chair. RE.1 and RE.2, you're deferring those, Mr. Manager? Mr. Alfonso: Yes. Mr. Hannon: To what date? Mr. Alfonso: Well, RE.1 is October 8; and Ludlam Trail, the Commissioner is here. I'm not sure what date -- Commissioner Suarez: No, we're going to stick with that one, if you don't mind. Mr. Alfonso: Oh, you guys want to hear it? Commissioner Suarez: Yeah, yeah. Mr. Alfonso: Okay. Chair Gort: RE.12, we going to hear it? Commissioner Suarez: Yeah. Chair Gort: Okay. Commissioner Suarez: Yeah. I think you had also some PZ items of mine that -- we've been informing the community -- I think it's PZ 11, you were saying. Mr. Alfonso: I apologize, Commissioner. Commissioner Suarez: No, no. You had said PZ.11, which is -- and 10, which is in my district. Mr. Alfonso: No. Commissioner, I was told that PZ 8 and PZ 11 will be continued. Commissioner Suarez: Right, butt thinkPZ10 and 11 are companions, right? City of Miami Page 6 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Alfonso: Oh, I apologize; 8 through 11. Commissioner Suarez: Okay. Mr. Alfonso: Eight, nine, ten, and eleven. Commissioner Suarez: Great. Awesome. Okay, yeah, that's fine with me. Chair Gort: Eight through eleven. Commissioner Suarez: That's to be done at 2, though, right? Mr. Hannon: Yes. The action will -- the continuance will be taken at 2 o'clock Commissioner Suarez: Okay. Chair Gort: Right. Commissioner Carollo: However, can we repeat all the requests and continuance from the beginning? Mr. Alfonso: All right, here we go again. Continuances requested: RE. 1 will be deferred to October, first meeting; RE.12 will be heard. PZs.7 will be continued to the next like meeting. PZ B, 9, 10, and 11 will be also continued to the next like meeting. Commissioner Carollo: Eight, nine, ten, and eleven? Mr. Alfonso: Correct. Commissioner Carollo: To the next like meeting, okay. Commissioner Suarez: I think mine will be to the November meeting, but that's fine. I'll say that at 2, anyways. Yeah. In other words -- Commissioner Carollo: I got it. Chair Gort: Okay? Commissioner Suarez: Yeah. Mr. Alfonso: Got it? Commissioner Carollo: So, realistically, it's justRE.1; and then at 2 o'clock, the PZ items will be PZ 7, 8, 9, 10, and 11, but -- so the only item we're deferring from the general agenda is RE.1 ? Mr. Alfonso: That is correct, Commissioner. Chair Gort: Is there any other Commissioner would like to defer any item? Any other Commissioner? Yes, sir. Francisco Garcia (Director, Planning & Zoning): My apologies. For the record, Francisco Garcia, Planning & Zoning director. I certainly don't want to confuse matters any further, but 1 have just received notice that the applicants for items PZ.8 and PZ 9 may be in the end wishing to go forward this afternoon. So as of this moment in time, we do not know yet that they will want to defer. My apologies. City of Miami Page 7 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: We'll find out at 2 o'clock. Mr. Garcia: My apologies. Thank you. Chair Gort: Okay, thank you. Mr. Clerk, do we have any Mayor's veto? Mr. Hannon: Chair, is there a motion on the deferral for RE.1 ? Chair Gort: Is there a motion? Commissioner Sarnoff. So moved. Commissioner Suarez: So moved. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 8 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-01073 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Procurement ASSIGNMENT OF BID CONTRACT NO. 291252, FROM PRIMARY VENDOR KRESSE & ASSOCIATES, LLC TO DIGITAL DEPO SERVICES, INC., FOR COURT REPORTING SERVICES. 15-01073 Summary Form.pdf 15-01073 Pre-Legislation.pdf 15-01073 Bill of Sale.pdf 15-01073 Corporate Detail.pdf 15-01073 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0400 CA.2 RESOLUTION 15-01130 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM" ("JAG"), CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $335,313.00, TO PROVIDE FUNDING FOR TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 15-01130 Summary Form.pdf 15-01130 Legislation.pdf 15-01130 Exhibit - Grant.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0401 CA.3 RESOLUTION 15-01184 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS' FEES AND COSTS FOR THE ENGAGEMENT OF AKERMAN LLP, AS CONFLICT COUNSEL, FOR THE City of Miami Page 9 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 REPRESENTATION OF OFFICER EDWIN GOMEZ IN THE CASE OF TERRY AND TRENT PILLINGER VS. TRAVIS TABBITA, ET. AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 15-22952-CIV-SCOLA/OTAZO-REY; ALLOCATING FUNDS FROM ACCOUNT NUMBER 05001.301001.545010.0000.00000. 15-01184 Memo - Office of the City Attorney.pdf 15-01184 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0402 CA.4 RESOLUTION 15-01161 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO, AND ON BEHALF OF, ESTIME CARVIL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $33,750.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.545010.0000.00000. 15-01161 Memo - Office of the City Attorney.pdf 15-01161 Memo - Budget Sign-Off.pdf 15-01161 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0403 Adopted the Consent Agenda Motion by Commissioner Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: CA (Consent Agenda). Do I have motion for consent agenda? Commissioner Carollo: Move it. Commissioner Suarez: Second. City of Miami Page 10 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PH.1 15-01088 Department of Community and Economic Development Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 PROGRAM INCOME FUNDS IN THE TOTAL AMOUNT OF $2,208,771.00 BY ALLOCATING $220,877.00 TO THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT FOR PROGRAM ADMINISTRATION AND $1,987,894.00 FOR ELIGIBLE HOUSING ACTIVITIES CITYWIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01088 Summary Form.pdf 15-01088 Notice to the Public.pdf 15-01088 Pre-Legislation.pdf 15-01088 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0404 Chair Gort: PH (Public Hearing). George Mensah: Good morning, Commissioners. Chair Gort: PH.1. Yes, sir. Mr. Mensah: My name is George Mensah, director of Community Development. Commissioners, PH.1 is a resolution of the Miami City Commission, authorizing the allocation of the Neighborhood Stabilization Program 3 program funds, total amount of approximately $2.2 million; allocating 220,877 to program develop -- program administration and approximately $1.9 million for eligible housing activities citywide. Thank you. Chair Gort: Thank you, sir. It's a public hearing. Renita Holmes: Madam Holmes for the Women's Association Alliance Addressing Injustice and Violent Epidemia [sic], as well as Women in Public Housing Education, Finance and Development, Incorporated Always (UNINTELLIGIBLE) not in a threatening manner, but just a matter of fact, recognizing my entitlement and those women that I am a class representative of and just really serving entitlement as Section 3s, which I've seen the County adapted and City yet to adapt, and specific local, Federal guidelines, which I believe we simulate the poverty initiatives. It just goes over me. However, we would like you to be specific about that locality. City of Miami Page 11 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 As I say, there are those who have prepared themselves to go from poverty. I used to be in public housing, 500-something dollars, raise my own business, not -for -profit and for profit. It's still doing pretty good here; now 13 years later. It's my concern, however, that our lack of mainstream services and partnership and MOUs (Memorandums of Understanding) and the disparity of Africa American and inner-city, as well as some imminent groups and women that take the right to represent themselves have been overlooked. I believe having to wait a month to see anyone in Administration so that we can get attached maybe properties, Planning & Zoning. I have a host and a list of experiences and documentation. Is it -- it's something in the way -- but I'm more concerned that this City has lost poor renters dollars and may be why this hatch and homeless shelters so full of them. I would like to ask what is the rule for Section 3 localities and priorities on that, particularly since this City doesn't have the greatest reputation with Federal HUD (Department of Housing and Urban Development) and spending CDBG (Community Development Block Grant) monies; and that when poor women go to public meetings, they don't get much input, as much as some of the guys get. And those that apply to cronyism, nepotism, and egoism as well, but in reality, legally, is there any way for us to prioritize? Because if they got good money for those (UNINTELLIGIBLE) continue education and businesses and they're already there, can we take a better look at not being competitive with others and being stagnant? Because this has been one of the greatest causes of poverty. Chair Gort: 171 get the people to sit down with you and let you know (UNINTELLIGIBLE). Ms. Holmes: Actually, sir, I'd like to keep -- Chair Gort: Thank you. Ms. Holmes: Mr. Chair, if I may? And I don't want to be rude, and I don't want to be treated rudely. Chair Gort: I don't -- Ms. Holmes: I'm just asking a question. Every -- Chair Gort: You've had your two minutes. Ms. Holmes: Mr. Chair, every time you defer me from a sunshine answer or my rights to participation, you send me over there, and I get nothing, so are you saying -- Victoria Mendez (City Attorney): Ms. Holmes? Chair Gort: Yes. Ms. Mendez: Ms. Holmes, remember what I read at the beginning, that it's subject to the time that's given by the Chair. If you have any questions, you know that he's always very accommodating and gives you the information, so -- Ms. Holmes: Actually, he's not. He says it -- (UNINTELLIGIBLE) getting a follow up, it doesn't. That's why I'm visiting your office quite often. Chair Gort: Ma'am. Ms. Holmes: And Madam, it's okay, because no answer, no citizen participation on a CDBG Federal funds is his decision. Chair Gort: All right, thank you. Anyone else? Anyone else? Seeing none, hearing none, close the public hearings. An ordinance. Do I have a --? City of Miami Page 12 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PH.2 15-01087 Department of Community and Economic Development Todd B. Hannon (City Clerk): It's a resolution, sir. Chair Gort: Resolution. Commissioner Carollo: move it. Chair Gort: Been moved by Commissioner Carollo. Commissioner Suarez: Second. Quick discussion. Chair Gort: Second by Commissioner Suarez. Discussion. Commissioner Suarez: Yeah. I just want to make sure -- I mean, I think I'm reading this properly, but I want to make sure that this is not being specifically allocated right now. Is this just the general acceptance? Mr. Mensah: Yes. It's not being allocated. The allocation only goes to eligible housing activities. Commissioner Suarez: That's fine. Mr. Mensah: Thank you. Chair Gort: Thank you. 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 THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM INCOME FUNDS IN THE TOTAL AMOUNT OF $1,058,875.00 FROM THE WAGNER SQUARE, LLC SETTLEMENT AGREEMENT; ALLOCATING SAID FUNDS AS DESCRIBED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01087 Summary Form.pdf 15-01087 Notice to the Public.pdf 15-01087 Pre-Legislation.pdf 15-01087 Legislation.pdf 15-01087 Attachment A.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0405 Chair Gort: PH.2. George Mensah (Director, Community and Economic Development): Commissioner, PH.2 is a City of Miami Page 13 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PH.3 15-01090 Office of Management and Budget resolution of the Miami City Commission, authorizing the allocation of CDBG (Community Development Block Grant) program income funds, in total amount of approximately 1,058,000 from Wagner Square, LLC (limited Liability Corporation) settlement agreement; allocating said funds to $1 million to the fire -rescue for fire equipment purchase and 58, 875 for community development for program administration. Commissioner Suarez: Move it. Mr. Mensah: Commissioners, as you know, these funds (UNINTELLIGIBLE). Actually, we had it from -- since 2012, and it's been very difficult to get any guidance from HUD (Department of Housing and Urban Development) as to the -- which amounts become program income. We got a guidance from HUD on June 23, 2015, and the guidance was written by Mr. Alan Hughes, and Ms. Carey Whitehead, who is the attorney for HUD; was also involved providing us guidance. So it's from this guidance that we are able to estimate and provide the amount here as program income from the settlement. Chair Gort: Thank you, sir. Do I have a -- motion's been made. It's a public hearing. Is anyone in the public would like to address this one issue? Renita Holmes: May I? Chair Gort: Yes, ma'am. Ms. Holmes: Okay. Madam Holmes, local woman entitlement Section 3, according to 924.935 CFR, which we seem to be devoid of. Same question, and it may not be so specific. I think HUD told us the last time we lost millions of dollars of poor people's dollars, which we're bonding to replace; that we had specific guidelines where we signed in and had specific guidelines. The City has never used specific guidelines, but it is proven that 1 have used those specific guidelines to be a successful woman. Maybe, if more women could access that specific guideline and knowledge thereof or maybe if we would sit down and talk about it and not be sequestered at the microphone, we would have less litigation from Ms. Mendez, making the assumption that we're getting. But if you wait 30 days and HUD wait 60 days, I don't know who's partnering to help us get out of poverty. And so, I'm making this verbal complaint. I still say we are not going according to the Federal guidelines. We're not going to SB-50. We are not doing citizen participation, and we're not sticking to the consent degree [sic], or me as a former Federal complainant on the same issue is being retaliated against, harassed and intimidated by process or lack of due process, and I'll leave that at the courthouse. Thank you. Chair Gort: Thank you, ma'am. Anyone else? Anyone else? Seeing none, hearing none, second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Mensah: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; ACCEPTING THE City of Miami Page 14 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 EXECUTED SOFTWARE AGREEMENT AND ADDENDUM WITH OPENGOV, INC., THE SOLE SOURCE PROVIDER OF A PROPRIETARY WEB -BASED PLATFORM THAT OFFERS FINANCIAL TRANSPARENCY TO LOCAL AND STATE GOVERNMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, WITH RENEWALS BEING SUBJECT TO CITY COMMISSION APPROVAL, AS STATED HEREIN. 15-01090 Summary Form.pdf 15-01090 Notice to the Public.pdf 15-01090 Legislation.pdf 15-01090 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 5-0406 Chair Gort: PH.3. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. PH 3 is a four -fifths waiver to continue a contract with a vendor called OpenGOV. They allow us to continue to put our budget and our actual expenditures of the City out on the web for anyone to see, and I respectfully ask the four -fifths waiver be approved. Commissioner Suarez: Move it. Commissioner Carollo: Second. Discussion. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Discussion. Yes, ma'am. Renita Holmes: Again, thank you, Commissioner Suarez and Commissioner Carollo, and in advance, Commissioner Hardemon. Since we presents [sic] a large and disparate amount of impoverished individuals, having CDBG (Community Development Block Grant) monies and money spent does not recover, and it has shown a pattern and a trend. I appeal to you that we see where this money is going, seek the participation of those who have received it; see if there's some redundancy in these groups that have not performed; determine if they are local and could be better, more fit to help them continue with the poverty initiative. I am making this complaint, and it's urgent to you, specifically Commissioners, that do have a majority of CDBG (Community Development Block Grant) Poverty Initiative under the 924.935 CFR. Thank you so kindly. Victoria Mendez (City Attorney): Chairman. Chair Gort: Thank you, ma'am. Ms. Mendez: I just wanted to -- I'm going to give Ms. Holmes the phone number to our attorney, Jiji (phonetic) Soliman, that handles all the CD (Community Development) issues. Chair Gort: Give it to her. Ms. Mendez: I believe that we've reviewed this before, but -- City of Miami Page 15 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Ms. Holmes: No, we have not, Madam -- Ms. Mendez: -- (UNINTELLIGIBLE). Ms. Holmes: No, we have not. Ms. Mendez: Okay. Well, just in case so that she -- Ms. Holmes: Can't let that be a matter of (UNINTELLIGIBLE). Chair Gort: Ma'am, they're going to give it to you now. Ms. Holmes: I can't lie. I can't lie. Chair Gort: Okay. Ms. Mendez: -- go over this issue with our office just to make sure that everything's fine. Chair Gort: Thank you. Thank you. Ms. Holmes: Thank you. Well, thank you. Chair Gort: Any further discussion? Anyone else in the public would like to address this issue? Seeing none, hearing none, we closely the public hearings. Any additional comments? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. You know, the word "transparency" is, I think, more and more loosely used. I have to admit, I think, Chris, for the first time we used this together -- at least, it was my first time -- and I said, "Okay, let's see how much transparency there really is." And the one thing I ask, "Okay, find me that in there." We couldn't find it. So I'm going to approve this; however, I'm going to ask for a friendly amendment that after the first year, that it comes back to this Commission for any approval of additional years. Mr. Rose: Sure. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Suarez: I would agree with that, and I would just ask the Commissioner -- it's probably a good idea. You may have already told him in private; and if you did, that's fine. You know, I just -- just for us to be transparent to say exactly what level of grandeurness [sic] that we want to get to, because I agree with you. I think we should get as granular as possible, I think, you know, I mean, and that's the real transparency. 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. Commissioner Carollo: As amended City of Miami Page 16 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PH.4 RESOLUTION 15-01052 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE RETROACTIVE PAYMENT OF AN AMOUNT NOT GREATER THAN $13,582.00 TO MICROCEPTION, INC., A SOLE SOURCE PROVIDER, FOR THE PURCHASE AND INSTALLATION OF A SEPARATE, STAND-ALONE VIDEOVERSIGHT INTERVIEW ROOM RECORDING AND CASE MANAGEMENT SYSTEM FOR THE CITY OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NUMBER 1019, PROJECT NUMBER 19-690002, ACCOUNT CODE NUMBER 12500.191602.664000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE SHARING FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES." 15-01052 Summary Form.pdf 15-01052 Notice to the Public.pdf 15-01052 Memo - City Manager's Approval.pdf 15-01052 Back -Up - Invoice.pdf 15-01052 Back -Up - Affidavit.pdf 15-01052 Pre-Legislation.pdf 15-01052 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0407 Chair Gort: PH.4. Christopher Rose (Director, Office ofManagement &Budget): Thank you, Commissioners. Rodolfo Llanes: Good morning. Rodolfo Llanes, Chief of Police. It's a resolution by the Commission by a four -fifths affirmative vote. Basically, what we're doing is asking for another $13,500 to -- as a retroactive payment for some work that was done to our interview rooms. The service had to be separated, and so there's an additional cost that we need to retroactively pay the vendor. And this comes out of LETS (Law Enforcement Trust Fund). Chair Gort: Okay. Vice Chair Hardemon: Chief how many -- now, when you say interview rooms, these are the interview rooms once someone is arrested, they're placed in the room so that the police can have discussions with them, correct? Chief Llanes: Correct. And those are video- and audiotaped. And unfortunately, we have video -- we have interview rooms in different areas of the station, and our Special Investigations section was actually lumped into the whole server, so we needed to separate them to a separate server so that all investigators don't have access to what our Special Investigations section is City of Miami Page 17 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 looking at, and so we had to separate all those servers and that's -- that was the -- incurred the additional costs. Vice Chair Hardemon: So, if there's a interview that's happening with someone who's suspected of committing a crime, it should be conducted in those -- one of those rooms -- Chief Llanes: Yes. Vice Chair Hardemon: -- which have recordings? Chief Llanes: Yes. Vice Chair Hardemon: Okay. Chair Gort: Any further discussion? Public hearing. Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Vice Chair Hardemon: 171 move to pass it. Chair Gort: It's been moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15-01010 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN CITY/OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", TO INCLUDE CHANGES AS REQUIRED BY THE INTERNAL REVENUE SERVICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01010 Summary Form SR.pdf 15-01010 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13551 Chair Gort: Second reading. Daniel 1 Alfonso (City Manager): Mr. Chairman, we will ask your indulgence. SR.1 and RE.7 will need to be heard together, so we'll go ahead and do that now, if you don't mind. City of Miami Page 18 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Okeydoke. Let's do it. Jose Fernandez (Director): Good morning, Commissioners. Jose Fernandez, with the Department of Finance. SR.1 is an ordinance of the Miami City Commission amending Chapter 40, Article 4, Division 2. This amendment is required in order to comply with the IRS (Internal Revenue Service) changes to the tax law in order for the plan to continue to maintain its eligibility as a qualified plan. RE.7 is a resolution that authorizes the Manager to acknowledge an agreement between the IRS and the FIPO (Firefighters and Police Officers) Trust. The resolution is not -- doesn't authorize the Manager to sign. It just acknowledges that there's an agreement between the FIPO Trust and the IRS. Both of these are required, you know, like I said in order for the plan to maintain its qualified status. Mr. Alfonso: And RE.7 further authorizes the expenditure of $10, 000. Mr. Fernandez: Correct. Chair Gort: What was that again, RE.7? Mr. Fernandez: RE.7 is a resolution which authorizes the Manager to acknowledge the agreement between the IRS and the FIPO Trust. Chair Gort: Okay. Do I have a motion? Victoria Mendez (City Attorney): I wanted -- Commissioner Carollo: So moved. Ms. Mendez: -- to clarify that the public hearing is for RE.7 and -- Commissioner Carollo: SR.1. Mr. Fernandez: SR.1. Ms. Mendez: -- SR.1. Chair Gort: Correct. Ms. Mendez: Thank you. Chair Gort: Okay. Yes, ma'am, you're recognized. Renita Holmes: I just want to take this opportunity to thank some of our police officers that have somehow been able to -- local cops, some -- that have been able to circumvent all of this rules of participation (UNINTELLIGIBLE) particularly, Mr. Barnat [sic], because when it comes to being poor folks in poor areas, Pottinger case, loss of funds, bad services; when anyone can use a police officer because he -- they're new to what policing is, and when we lose these retired officers who have done so well and we get new ones, we can see the difference. So while I do believe that we need this trust fund, I'd like to say, how about making sure we keep them around? And if we can ask them to just come back; don't just retire. Because some of the new officers drive little boys, poor boys, drive women, and they still do the same thing. I don't want to keep paying officers who feel like they only want to do a good job if they -- but I want to keep officers who have a great rapport, who have a great reputation, who have a level of maturity, and who are sworn to protect irregardless of what they may and may don't. And when I see this being set so hard for them, I'm wondering, what about our young officers? What makes them work so hard City of Miami Page 19 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 and make them feel so unappreciated? I just want to leave that thought here. We put a lot of money now into police trust funds, but we put very little to the ones here, and I heard that last time, particularly Commissioner Hardemon, and place where poor people live. Let's see if we could put that money a little evenly across, instead of those who retire, and that keeps getting raped, like us. Thank you. Chair Gort: Thank you, ma'am. Anyone else in the public who would like to address this issue? Seeing none, hearing none, we close the public hearings. Todd B. Hannon (City Clerk): Chair, I have -- Chair Gort: Motion. Commissioner Carollo: Move SR.1. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. 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, 5-0. SR.2 ORDINANCE Second Reading 15-01080 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01080 Memo - Office of the City Clerk SR.pdf 15-01080 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13552 Chair Gort: SR second -- SR.2. Todd B. Hannon (City Clerk): Good morning, Commissioners. Before I read the title for SR.2 in the record, I would like to request a floor amendment. Due to the fact that Commissioner Suarez will be running unopposed for the District 4 seat, I would like to remove the Shenandoah Branch Library from the list of early voting sites for the November 3, 2015 general municipal election. Chair Gort: How much we save there? Mr. Hannon: About $30, 000, sir. City of Miami Page 20 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Good. Commissioner Sarnoff. I think that should go to him. Vice Chair Hardemon: Thank you very much, Suarez. Chair Gort: Good job. I wish I -- Commissioner Suarez: Thank you, guys. Chair Gort: -- could have done the same thing. Commissioner Suarez: I could -- I'd like to think that a big part of the reason why I ran unopposed is because of the work that we've done here together in the last six years, so I appreciate your support and your help. Chair Gort: Thankyou. Mr. Hannon: I'll now read the title into the record. The Ordinance was read by title into the public record by City Clerk Todd Hannon. Mr. Hannon: And we'll need to open up the public hearing. Chair Gort: Thank you. Is anyone in the public would like to address this? Anyone in the public? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. Thank you for savings. Is any further discussion? It's an ordinance. Mr. Hannon: Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The item passes on second reading, 5-0. Chair Gort: Thankyou. SR.3 ORDINANCE 15-00997 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS Commissioner Marc ENTIRETY CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE DavidSarnoff CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/ ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/OMNI MEDIA TOWER REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00997 Legislation FR/SR.pdf City of Miami Page 21 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13553 Chair Gort: SR.3. Commissioner Sarnoff SR.3, Mr. Chair, is the removal of the Omni from the ability to have a media tower. We've gone through this before. I would move this item. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Suarez. It's a public hearing. Is anyone in the public would like to address this one issue? Peter Ehrlich: Good morning -- Chair Gort: Good morning. Mr. Ehrlich: -- Mr. Chair and Commissioners. Peter Ehrlich, 720 Northeast 69th Street. As a first reading, we'd like to support the legislation, Commissioner Sarnoff s proposal. Victoria Mendez (City Attorney): I believe it's second reading. Commissioner Suarez: Yeah, he said (UNINTELLIGIBLE) first reading. Mr. Ehrlich: Like first reading -- when we spoke at first reading. Commissioner Suarez: Yeah. Mr. Ehrlich: This is -- at second reading, we'd like to continue to support the legislation to delete "media tower" from Chapter 62. And also, as before, we'd like to request the Commissioners to give direction to the City Attorney to take any and all steps necessary to stop the proposed 633-foot tall LED (light emitting diodes) billboard tower proposed on Northwest 10th Street in Park West. Thank you very much. Chair Gort: Thank you. Next. Nathan Kurland. Nathan Kurland, 3132 Day Avenue, Coconut Grove. The one thing you can say about Mr. Ehrlich and myself is that we are consistent in our message regarding visual pollution. We'd like to thank Commissioner Sarnoff for that cathartic moment that is going to rewind and make at least these media towers illegal in the City of Miami. Ralph Waldo Emerson said that you could learn from experience; sometimes you learn what to do and sometimes you learn what not to do, and often, it is better to learn what not to do. I fully support Commissioner Sarnoffs resolution to rid Miami 21 of language regarding media towers. Thank you. Chair Gort: Thank you. Anyone else? Renita Holmes: Special note. Madam Holmes, Wave of Women in Public Housing Education. And many times that 1 have inquired, Mr. Chair, regarding environmental pollution, specific data, the requirements that are needed in Planning & Zoning that 1 have yet to access through un-sunshine meetings and so forth, and sometimes really feeling very silenced under SB-50 when I ask that question. I'm just going to ask that -- or I should make a note: Here we're coming; here we're going again. But recently, (UNINTELLIGIBLE) had a hearing -- Mr. Chair and City of Miami Page 22 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 SR.4 15-00806 Department of Planning and Zoning several other of our Commissioners who are directly affected by this -- that talked about how disparate planning and zoning affects certain neighborhoods. I would damn near say that -- excuse me -- I would almost say that every planning and zoning initiative that comes back in pieces from this media tower, even to the Wynwood expansion, to the other five things that are attached to it, overwhelms poor folks who hardly get mainstream assistance, and agencies and organizations like us who go out and sit aside and volunteer to break it down in Ebonics or -- and just use an organization like -- who run into obstinence [sic] at the doors, or one minute -- or one -hour meeting where we're discussing that as opposed to how other neighborhoods do it. So, I'm asking you to take a look how the media tower -- the media tower representatives compare to a poor women in a neighborhood who wants to have open and transparent information unrequited -- to get away from that unrequited hands -in -the -face stuff that I'm getting here today, because it is a State statute that goes along with that, and I haven't seen that yet. Thank you, sir. Chair Gort: Thankyou. Ms. Holmes: And oh, good job, guys. Your consistency is almost like that of a woman. Chair Gort: Okay, anyone else in the public would like to address this one issue? Seeing none, hearing none, it's an ordinance. Vice Chair Hardemon: Well, I have one comment. Chair Gort: Yes. Vice Chair Hardemon: The -- I'm in support of this, the way that it's written, and the reason I am is because when I think back to a former Commissioner that we had, that when he established the Southeast Overtown/Park West CRA (Community Redevelopment Agency) electronic signage or billboard, if you will, he said at that time, "I don't want anyone to think that just because we have this one, there should be another one. There shouldn't be another one. This should be one -of -a -kind. " This should be something basically that reinvigorates that part of that community, which was -- of course was Overtown, and at the time, that Commissioner was, of course, the great Arthur Teele. And so, in that spirit -- because I've always believed that there should be one; although, there is -- now wants to be none -- I support this ordinance. Chair Gort: Thankyou. Any further discussion? Todd B. Hannon (City Clerk): Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: 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, 5-0. ORDINANCE Second 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 City of Miami Page 23 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 AND CREATING A NEW SECTION ENTITLED "WYNWOOD DESIGN REVIEW COMMITTEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00806 Summary Form SR.pdf 15-00806 Back -Up from Law Dept FR/SR.pdf 15-00806 Legislation FR/SR.pdf 15-00806-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.5 15-00807 Department of Planning and Zoning 13554 Note for the Record: Please see Item PZ 6 for additional minutes referencing Item SR.4. Barnaby Min (Deputy City Attorney): Next will be SR.4. Chair Gort: Yes, correct. Vice Chair Hardemon: I move to approve SR.4. Commissioner Suarez: 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 SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. ORDINANCE Second 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," 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 SR.pdf 15-00807 Legislation FR/SR.pdf 15-00807-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13555 City of Miami Page 24 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 SR.6 15-00805 Department of Planning and Zoning Barnaby Min (Deputy City Attorney): Next will be SR.5. Vice Chair Hardemon: Correct. I move to approve SR.5. Commissioner Suarez: 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 SR.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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 SR.pdf 15-00805 Legislation SR (v2).pdf 15-00805-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13556 Note for the Record: Please see Item PZ 6 for additional minutes referencing Item SR.6. Barnaby Min (Deputy City Attorney): The next would be SR.6. Vice Chair Hardemon: I move to approve SR.6. Commissioner Suarez: Second. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: Is the Commission okay with this being referred to as "the Wynwood Parking Improvement Trust Fund"? Vice Chair Hardemon: Yes. The Ordinance was further read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item SR.6. City of Miami Page 25 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 SR.7 15-00809 Department of Planning and Zoning A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. ORDINANCE Second Reading 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 SR.pdf 15-00809 Legislation SR (v2).pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item SR.7 was continued to the October 22, 2015, Planning and Zoning Commission Meeting. Note for the Record: Please see Item PZ 6 for additional minutes referencing Item SR.7. Barnaby Min (Deputy City Attorney): The last item is SR.7. Vice Chair Hardemon: I move to withdraw SR.7. Commissioner Suarez: Second. Chair Gort: Moved and second Francisco Garcia (Director, Office of Planning): IfI may, Commissioner, for your consideration, very briefly. There are a number -- and I'll be brief about this, but just to clarify, there are a number of provisions in this particular proposed amendment that generate mechanisms to foster development within the Wynwood area, as redefined What I would like to invite you to consider is a deferral of this item to work out the language so that the unintended consequences are not contained within it, but some of the intended consequences remain, because it will help the redevelopment of the Wynwood area. Commissioner Sarnoff. Now, may I debate you on this for a sec? Vice Chair Hardemon: You can, sure; you sure can. Commissioner Sarnoff. So bringing the amount of pervasive changes to this particular area, which I think is a real fostering to this area, it's a tough thing to do, and you certainly have weathered a pretty good storm of I think, a lot of misperceptions and a lot of untrue facts, but I would suggest to you, SR. 7 is something I wish I had done in the Grove, something I wish I had done in other parts of Miami that I think will foster Wynwood being a very inclusionary zoning, a very inclusive place to live. I would strongly urge you to think about it, because you have weathered a very big storm; you've walked a lot of miles; you may be a little fatigued, and may want to reconsider it, because I'm going to support this. It's something you should think about very carefully; maybe now is not the time, but you should not throw it out just for today. City of Miami Page 26 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Can I chime in, too? Chair Gort: Go right ahead. Commissioner Suarez: I don't have an issue. I mean, obviously, I'll -- you know, I'll respect the district Commissioner's wishes. I don't have an issue deferring it, at least for one meeting, for us to sort of look through this and make sure that there're not unintended consequences, because sometimes, we do throw out the baby with the bathwater. I understand the Commissioner's concern, because affordable housing is such an acute need in so many neighborhoods, and so the question I think he's struggling with -- or maybe not struggling with, but I think the question he's asking himself is, if you designate it for a certain area, are you depriving another area, potentially? Commissioner Sarnoff.. All right -- Commissioner Suarez: I understand, I understand where you're going with it, and I understand the Coconut Grove perspective that you just gave, and I kind of get that, too. So, look, I'll respect his wishes on this. I do not have a problem with taking another couple weeks, if that's the will of this Commission. Vice Chair Hardemon: The one thing that I will say about this, Mr. Chairman, is that this SR. 7 does something that no other piece of legislation has done before in the City of Miami, and what it essentially does is a couple of things: One, it designates a new trust fund; that trust fund to be used within the boundaries of the Wynwood area, and there are listed items in which it can be used upon, and so one of those items is affordable housing. I hear what you're saying, but I don't believe that it will be used for affordable housing; it's my personal belief. And the other thing that it does, it allows those -- it allows individuals who from within the BID (Business Improvement District) to decide how those funds are expended, and that's the part where I think -- where we find ourselves in our -- particularly when lawyers speak -- of a slippery slope, because now, you've allowed a developer to create dollars that he has to pay, and certain fees; and then, not only to designate those dollars as we typically do, for instance, for public benefit through some type of trust, but to be able to be the one who votes on where those -- or eventually, or could possibly be the one to say exactly where those dollars go, and where there is a need, as what was demonstrated today for affordable housing, I just don't think that they'll go in the direction that we, as district Commissioners who represent impoverished neighborhoods will want them to go; and certainly, I don't want to give that authority to someone else. As I spoke of earlier, there are compromises that could be made. For instance, I know today that very few people give money to the Affordable Housing Trust Fund, so one way that I can ensure that dollars are given to particularly the Affordable Housing Trust Fund is by creating a partnership with the BID, and saying that some dollars go there, and some dollars go to the Affordable Housing Trust Fund. I described it earlier by saying you have a dollar; 50 cents goes one way, 50 cents goes the other. And that's something that I thought about that could work, and I think that it serves both needs, and one of the reasons that I'm considering that, especially, is because it would give us an opportunity to designate dollars directly to the Affordable Housing Trust fund which, today, the developers actually have a choice, so I think that that makes a nice compromise. Commissioner Suarez: I'm with that. Vice Chair Hardemon: And part of the reason that I may consider the deferral rather than a withdrawal is because we are able to tackle the Affordable Housing Trust Fund directly with dollars that we're saying will be used for that; and today, if I withdraw this, I won't have that authority to do that. City of Miami Page 27 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: I agree. Chair Gort: We can tell the -- within the development, itself they can put affordable housing within the development; set aside "X" amount of apartments for affordable housing makes it even better. Yes, sir. Commissioner Suarez: I think we should defer it. Chair Gort: Just food for thought. Commissioner Suarez: No, I like the idea. I just don't know the mechanism, but I think you're -- from a funding perspective, that makes a little more sense in terms of the way you're thinking about maybe modifying the current public benefits, you know, portion, which is saying -- it's almost like what you do with the CRA's (Community Redevelopment Agencies), where you can, say, further set an extension; some of it will stay within the CRA, some it will not, but that's something that's been done historically, so I like that idea. I think we would benefit, probably, from another couple of weeks to consider it, so. Chair Gort: Okay. Vice Chair Hardemon: I understand. I know that in the next couple of weeks, I probably will be doing a lot of traveling. The schedules -- all of our schedules are becoming very busy. I don't think a couple of weeks is enough time to weather the storm that we would have to weather, and inform the people that we need to inform, to educate them about this issue, so I think that aspect may take a little bit more time. Commissioner Suarez: That's fine. Vice Chair Hardemon: And so with that being said I will withdraw my motion to withdraw, and then I will -- and I will support a motion -- hopefully, you will also -- to defer it to a time that is not in the next two weeks. Commissioner Suarez: Second. Chair Gort: It has been moved and second Any further discussion? Todd B. Hannon (City Clerk): So exactly what? We can move it to October 22, November 19, December 10. Vice Chair Hardemon: I'd say October 22; that's a couple days after my birthday, so, hopefully, you all won't disappoint me. Chair Gort: You're a Libra, too? Vice Chair Hardemon: I am a Libra. Commissioner Suarez: October 6. Vice Chair Hardemon: Yeah, there it is. Commissioner Suarez: I knew there was a reason why I like you so much. Chair Gort: Okeydoke. Steven Wernick: Mr. Chair, if I may? City of Miami Page 28 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 SR.8 15-00876 District 4- Commissioner Francis Suarez Chair Gort: You got it. Mr. Wernick: If I may for just ten seconds? Steve Wernick, here on behalf of the BID; address at 1 Southeast 3rd Avenue. I think the deferral is very appropriate, and I just wanted to reiterate that there's a lot of momentum here, and there's a lot of room to be creative here, and it's set up in a way where there's a lot of public benefits that can be generated from this; civic spaces, open spaces; obviously, Wynwood transitioning from a warehouse district, you know, there's a real need for that, and as well as affordable and workforce housing, and I think there's a lot of different mechanisms, and it's just a matter of revisiting it, so I appreciate that. Vice Chair Hardemon: Okay. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," MORE PARTICULARLY BY ESTABLISHING THE CITY OF MIAMI BEAUTIFICATION COMMITTEE TO SERVE IN AN ADVISORY CAPACITY TO THE CITY OF MIAMI RELATING TO BEAUTIFICATION AND LANDSCAPING PROJECTS CITYWIDE, INCLUDING, BUT NOT LIMITED TO TREE PLANTINGS, MEDIAN MAINTENANCE, TRAFFIC CIRCLE MAINTENANCE, AND OTHER SIMILAR PROJECTS; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGALAND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00876 Legislation SR (v2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13557 Chair Gort: SR.4, or not; that we going to -- Daniel 1 Alfonso (City Manager): Yeah, 4, 5, 6, and 7 in the afternoon. We're SR.8 now, Commissioner Suarez. Chair Gort: SR.8. Victoria Mendez (City Attorney): The beautification -- Commissioner Suarez: Yeah. Thank you, Mr. Chair. We proposed at the last, I think, Commission meeting the creation of the Beautification Committee, because I feel that one of the City of Miami Page 29 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 things that the City needs is more citizens' participation in beautifying our city. We have a beautiful city in many respects, but I think we can do better in terms of cleanliness, and we are doing better, by the way, in terms of cleanliness, and the way that we maintain some of our traffic circles. I think, since we brought on that private company onboard, we've certainly done a much better job. But one of the things I've realized -- and I'm sure you all have experienced it as well -- is to be successful at beautification has to be at a vet); granular level, at a vet); neighborhood -specific level, at an individual home -by -individual home level, because a lot of what we're doing is improving the public's fear, and we need help from our residents. So I just want to make two additions to this committee, based on organizations that have reached out and want to be a part of it. So I would add to Section 2-117(a) a sub 4, so 4 would be 6, so a sub 4, and the 4 would be Citizens for a Better South Florida, which would have one -- could be one person shall be appointed by Citizens for a Better South Florida, and the sub 5 would be the Downtown Development Authority, which has expressed an interest in having a seat on the Beautification Committee, and then 4 would be 6, obviously, because we've added two members. It would still keep it as an odd number. Chair Gort: What's going to be the total membership? Commissioner Suarez: It'll be one by each Commissioner, one by the Mayor, one by the City Manager, which would have been seven, so now it will be nine. Chair Gort: Nine? Commissioner Suarez: Yeah. Ms. Mendez: Commissioner, then I apologize. In 1177, you're adding -- where is it that you're making the change to? Commissioner Suarez: Well, I guess it would have to be -- first under "A," under "composition"; will have to change from seven to nine. Ms. Mendez: Okay. Commissioner Suarez: So that will be the first change. And then everything else would stay the same, except after 3, you have a 4 that says Citizens for a Better South Florida. "In other words, all the same language that allows for the appointment of a member. And then number 5 would be all the same language that allows for the appointment of a member, but the Downtown Development Authority. Ms. Mendez: And who would be the -- because we have -- would it be at large, like the whole Commission would appoint that one at large, the member of the Citizens for --? Commissioner Suarez: No, no. It says here one person appointed by each -- the five City Commissioners, one person by the Mayor, one by the City Manager, then one person appointed by Citizens for a Better South Florida -- Ms. Mendez: Oh, I see. Commissioner Suarez: -- and one person appointed by the DDA (Downtown Development Authority). Ms. Mendez: Okay. Thank you. Commissioner Suarez: Thank you. City of Miami Page 30 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Okay. Is that a motion? Commissioner Suarez: Yeah. Chair Gort: Okay. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Okay, discussion. It's a public hearing. Yes, ma'am, you're recognized. Renita Holmes: Thank you. Again, Madam Holmes for the Women's Association Alliance Addressing Injustice and Violent Epidemic, Women in Public Housing Education, Finance and Development, and Our Homes Opportunities for the United Restoration. Being the first Section 3 in public housing to hire persons with disability and so forth and all those under the 924.935 CFR, I'm wondering, these questions -- and I would ask particularly those Commissioners who have those districts where intense beautification slum and blight occur, particularly around public housing, and according to the 924 Federal Code. Will women be included in the board as well, because it's an industry that's primarily done by men? Most of the smaller jobs are done by this group or that group, and, you know, I think it would really enhance it, because a lot of the women have graduated from our green initiative funded by the County, and again, it's connecting the dots. I think that would be great representation since a majority of those persons -- and meeting with the boys at DDA, they've been really great. Some of my mentoring programs that we can connect that dot, just a flag out there of connecting poverty initiatives and citywide; and I want to thank you, because there are a lot of work -ready women, there are a lot of work -ready fellows, there are a lot of work -ready people who are migrating through this state and this county and this country who are ready and experienced, and I'd like that to be just as impactful on those job opportunities where primarily DDA is 90 percent with 95 percent men. Thank you. Chair Gort: Thank you, ma'am. Next. Nathan Kurland Nathan Kurland, 3132 Day Avenue. I'd like to commend Commissioner Suarez for what I believe to be an excellent ordinance for the City of Miami. Those of us who care about scenic beauty are absolutely in favor of this. I just hope that one of the issues that this new board will take up will be the reduction of the proliferation of LED (light emitting diodes) billboards and mural signs on our building, including and not limited to the one on our MRC (Miami Riverside Building) building. Thank you. Commissioner Suarez: Fair. Chair Gort: Thank you. Next. Peter Ehrlich: Good morning again. Peter Ehrlich, 720 Northeast 69th Street. I also commend Commissioner Suarez for bringing this up. The committee sounds like a wonderful idea. And like Nathan Kurland, I'd like to suggest that, one, the charges might be to reduce the proliferation of billboards, LED boards, particularly the extra -large billboards along our highways and facing the residential neighborhoods. Commissioner Suarez: Thank you. Mr. Ehrlich: Maybe that could be included Thank you very much. Chair Gort: Thank you. Commissioner Suarez: Thank you. City of Miami Page 31 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Anyone else in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Again, I voted for this on first reading, and I'm in favor of it again. The only thing that, you know, I'm a little cautious with adding more -- Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: -- organizations, because I'm sure there's other organizations that would have liked to have participated, like probably MNU (Miami Neighborhoods United) and some of the other organizations. So I've never heard of Citizens for a Better South Florida, and if I have, I don't know much about them, so that's the only concern that I have. Because I'm sure other -- and keeping in mind -- and I know Commissioner Suarez believes this, because of the MPO (Metropolitan Planning Organization), that if we make the actual committee too, too big, they might be too big then, but that's the only concern that I raise, because of -- you know, I'm sure that other organizations would love to, you know, participate in something like this. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: Yeah, I'll just say that I understand the Commissioner's concerns, definitely on the bureaucratic side for sure. I think we addressed that in first reading. This is one of those few boards where I think greater participation actually is one of those things that is probably not a bad thing; because it's about having people express their voice. So, if other organizations like MNU, or any other ones, really want to be a part of this, I think we should consider making them a part of this, because I do believe that more participation in beautification -- this is not -- what I think about the MPO is it has to be focused and there has to be a focused vision, and right now that's not happening, and partially because of -- you know, excess parochialism and a variety of other things, quorum issues. But certainly, in this case, I think it would be helpful. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: And I think one of the -- one way that we can solve that is by adding MNU, and then giving one more seat that can be appointed by the membership of that body so that body can decide another person to appoint or another organization to -- or, rather, another person to appoint to that board. Commissioner Suarez: Or -- I have no problem substituting MNU for Citizens for a Better South Florida too, and then MNU can select whoever they want. I mean -- Vice Chair Hardemon: That's up to you. Commissioner Suarez: That's fine with me. Or substitute MNU for a Citizens for a South Florida and they can appoint whoever they want. They can appoint one of their members. They can appoint somebody from that organization or any other -- there's a million organizations, like you said that could want to participate. Chair Gort: Let me tell you the thing that -- we have -- all have problems with getting our roads and the streets repaired and so on because of the landscaping that takes place, and we know the procedure they have to go through. I just want to make sure that this organization gets their -- City of Miami Page 32 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: By the way, the person who created MNU is the same person who created Citizens for a Better South Florida. Commissioner Carollo: Well (UNINTELLIGIBLE). Chair Gort: Let me finish. Excuse me. Commissioner Carollo: (UNINTELLIGIBLE). Chair Gort: Excuse me. Let me finish. The procedures have to be one that will not stop any of the City projects that we have enough problem alreacy to get them done. We make a decision in here. We make the awards to do (UNINTELLIGIBLE) -- Commissioner Suarez: Yeah. Chair Gort: -- something, and it takes a year to get implemented from the time we make the decision here, because of the process they have to go through. So I want to make sure they do that. They have the process where they can get together without (UNINTELLIGIBLE) different departments and deal with the landscaping and so on, and they bring the plans closer enough so they can go ahead and select it. At the same time, I would like for them to analyze other neighborhoods where they can bring the input, how can improve some of the same neighborhood public right-of-ways [sic], because I think you're right; we got to take care of the public right-of-way. That'll take care of the rest of the neighborhood. Commissioner Suarez: Yeah, you're right. Chair Gort: Thank you. Any further -- ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended Mr. Hannon: Roll call on item SR. 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES FR.1 ORDINANCE 15-01238 City Manager's Office First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST', MORE PARTICULARLY BY AMENDING SECTION 40-191 ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF POLICE OFFICER AND SECTION 40-203 ENTITLED "BENEFITS" TO CLARIFY CHANGES TO THE BENEFICIARIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 33 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 15-01238 Summary Form SR.pdf 15-01238 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: FR.1. Daniel J. Alfonso (City Manager): Commissioner, if I may, FR.1 is an ordinance requesting, in essence, the ability for retired police officers to come back to the City to work for elected officials and retain their ability to draw a pension; that that is the primary function of that change in the ordinance. Chair Gort: Well, we already have that for some of the departments. Mr. Alfonso: We have that ability currently for GESE (General Employees Sanitation Employees) retired employees. Chair Gort: Okay. Okeydoke. Do I have a motion? Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. It's a public hearing. Yes, ma'am, you're recognized. Renita Holmes: Madam Holmes again for the public and mostly women in the public, particularly women police officers, civil clerks, and okay, we'll include the guys too. What is actually a definition? When I look at the function jobs, which I get a lot of assistance at time, particularly the downtown location from a lot of evidence clerks or property or report given, I look at the level of professionalism, authority of our civil employees, sworn oath; they're just without a gun. They get public information. They're there to protect and serve. They take care of evidence, and yet, when I look at the level of payment that we have for these employees and the level of services that perform to help carry out the process -- I could make a citizen's arrest, but I can't do the documentation of the evidence. I have to be careful how I provide reports. That requires some insight as how we define them; and truly, if we define these women and these men working hard at this level -- almost at poverty as much as I am and the rest of the citizens -- I'm concerned that they're not getting the same benefits as civil employees. I'm really concerned about you. Thank you. Vice Chair Hardemon: Thank you. Ma'am, you're recognized. Sepedeh Tofigh: Hi. Sepedeh Tofigh, counsel to Miami FIPO (Firefighters and Police Officers) Trust. We did not actually put forward these revisions, but we look forward to working with the City to fine tune any language to make sure that it's in accordance with Internal Revenue Service Code and Treasury regulations. And we just remind the City that in accordance with Florida Statute, an actuarial impact statement needs to be made and conducted before this passes, if it passes on second reading. Vice Chair Hardemon: Thank you. You're recognized. Javier Ortiz: Thank you, Commissioner. Lieutenant Javier Ortiz, president of Fraternal Order City of Miami Page 34 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 of Police, 710 Southwest 12 Avenue. Regarding FR.1, we're not necessarily against it. I understand what Commissioner Carollo is attempting to do, and we're okay with that, but if it's just about putting someone in an administrative position to work in a part-time status, I cannot fathom why they are changing the definition of `police officer." That is something that is a mandatory subject of bargaining, because under PERC (Public Employees Relations Commission), we are the sole negotiator for that. It's something that if that does become an issue, we're extremely close, in my humble opinion, of reaching a three-year agreement, something that we haven't done in over 10 years with the City of Miami, and I would hate for that all to be thrown away because of that change. And as the -- as Holland & Knight said the representative, there are tax issues there, and, you know, we hope that this does not go forward, especially now, until those issues can be worked out. Thank you. Vice Chair Hardemon: Thank you. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: Yes. Commissioner Carollo: He said something that caught my ear: "The definition of police officer' is changing." Victoria Mendez (City Attorney): I can address that. Unfortunately, since this is part of the pension and retirement plan scope of the chapter, it talks about the beneficiaries and such, that we need to explain which position would be impacted, and just saying that the police officer, as defined as a full-time police officer, can come back once retired. If not, other definitions are -- it's difficult to say what you're trying to explain in the ordinance if you don't say who a police officer is when he retires and then -- so it's a very simple definition change. Mr. Alfonso: It is. Ijust want to point out for clarification that -- she's leave out an important portion. This change of definition only applies to this section of the Code, which is the beneficiaries issues in the pension portion. Ms. Mendez: Right. (UNINTELLIGIBLE). Mr. Alfonso: It has nothing to do with the labor portion of the Code. Ms. Mendez: Right. That's very clear in Section 40-191. It's says "definitions," and then it says, "Words and phrases as used in this division shall have the following meanings, " and then the next is the definition of `police officer" for this particular section. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And I don't want to muddy the water, but it's my understanding that the only two people -- or two, I guess, categories that could retire from the Pension Board is a police officer and a firefighter; correct? A police officer and a firefighter are the only two positions -- and I don't know if `position" is the right word, because it could be a lieutenant or so forth. But, you know, a police officer, a sworn law enforcement officer and a firefighter are the only two positions that can retire from FIPO, correct? I -- Chair Gort: Are the only members of the FIPO. Commissioner Carollo: That's -- you know -- okay, so the Manager's waving ' Yes. " City of Miami Page 35 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Alfonso: Yes. Commissioner Carollo: Okay. So a retiree from FIPO would be someone -- a police officer that retired from the City and is now receiving a pension from FIPO, correct? So I don't understand why there's such a -- Mr. Alfonso: Because the Code, Commissioner, covers both police officers and firefighters separately. Commissioner Carollo: Right. So, the definition of `police officer" will be a police officer retired from the City of Miami and is in the FIPO, so I'm not sure why the definition is an issue. Ms. Mendez: In order to achieve what's being requested in this provision of the ordinance, you have to define what it is that you're defining. You have to say who a police officer is, because if you're thinking that police officers are temporary employees or part-time employees, it gets a little muddy, so that's why you just have to say what a police officer is for purposes of this definition only, and then you're able to say that these positions which retire can be re-employed It's the cleanest and simplest way to do it without muddying any other definition in the Code. Commissioner Carollo: Could it be stated in a way where someone who is in the FIPO Board or in the FIPO -- I guess not in the FIPO Board; in the FIPO plan, or a member of the FIPO Board that is receiving a pension? I mean, listen -- Ms. Mendez: We could do one of two things. We can leave it as it is for first reading and try and find an amenable -- other amenable definitions for second reading, or we can pull it for now and bring it back. I mean, unfortunately, these are -- because it has other implications, we have to be as, you know, laser focused as we can with these type of changes. Commissioner Carollo: And I agree. I just prefer that we do it between first and second reading, and I don't want to comingle it with, I think, additional legislation that may be coming before us that expands it more, but I -- you know, unless Mr. Ortiz has an issue with it -- I spoke to the chair of the FIPO Board, and he thought that, you know, between first and second reading, whatever issues could apply, we could, you know, all get together and see if we'll all reach a consensus. I believe the FIPO attorney said that they're not necessarily opposed to it, so I think it's, more than anything, to see if we can reach an agreement in going forward, but I think we should move on and pass it on first reading. Chair Gort: Right now, any retiree, except for police and fire, can be hired by any Commissioner or the Mayor's office. Commissioner Carollo: Right. Chair Gort: They have that already. Commissioner Carollo: And so, in essence, Commissioner Gort, what this does is the same privilege that the GESE Board has; it's giving it to FIPO. Chair Gort: Yes. Commissioner Carollo: So it's as simple as that. Chair Gort: Any further discussion? Commissioner Sarnoff. Mr. Chair. City of Miami Page 36 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yes, sir. Commissioner Sarnoff. There was a statement made that you need to have an actuarial statement. Ms. Mendez: An actuarial impact statement before -- I believe before the ordinance goes into effect or at least, you know, on the time of this, so we'll follow up with the Administration to find out how we implement that. Commissioner Sarnoff. Were you aware before bringing this for first reading that you're required an actuarial statement? Ms. Mendez: We were alerted that maybe that might be an issue, but nothing that could not be addressed, if needed Commissioner Sarnoff. So -- Ms. Mendez: There could be a dispute, you know. I mean, we're not -- Commissioner Sarnoff All right. Ms. Mendez: -- necessarily there, but -- I mean, it's something that could be addressed. If it needs to be fire (UNINTELLIGIBLE). Commissioner Sarnoff So being that there are more than three lawyers in this room -- and I'm sure there's more than three opinions -- your opinion is you may not need an actuarial statement; to be prophylactically sure, though, you're going to give us an actuarial statement? It's strange I'm not getting that from the attorney; I'm getting that from (UNINTELLIGIBLE) Mr. Alfonso: Well, I think there's a dispute about whether you need one or not, but -- Ms. Mendez: Right, and that's the issue. Mr. Alfonso: -- having said that, we are in negotiations with the firefighters, the IAFF (International Association of Firefighters). Well, this is a way around that, sir, and it's very likely that a new actuarial study will have to be done, given some of the possible agreements in that contract, which then, in effect, will probably -- can be incorporated this ordinance. And the actuarial reports are usually -- since they already have all the data, they can pretty -- spit them out pretty quickly, because even the proposals that were being made, we were being given letters by Knight -Hart (phonetic), which is their actuarial company, like from one day to the next, so now we're really able -- the actuarial reporting agency. Ms. Mendez: And I was less than articulate in answering that question. It was just -- if it's needed, it will be filed If it's not needed, it won't. But this is another Administration perspective to this, so that's why it turned -- Commissioner Carollo: That's my point. Commissioner Sarnoff. Before a legislative item comes here, you approve it. And I surmise by you approving this, you have determined that everything that could be needed is -- has been performed And my question to you is did you do that? Ms. Mendez: What I can answer is that before any legislative changes come into effect, anything that needs to be done will be done. As you know, not always everything -- more on -- other issues is deadlines and dates that certain things have to be done. With ordinances, sometimes City of Miami Page 37 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 you have a implementation period and a time period in order to address things. So if it needs to be filed, it will be filed. If it does not need to be filed it won't be filed. So that's the best answer I could give you. Commissioner Sarnoff.. So you really haven't done the analysis is -- that's any answer. Ms. Mendez: We have, and we have a difference of opinion, so we just need to -- Commissioner Sarnoff.. And you don't agree with their opinion. Ms. Mendez: I -- Commissioner Sarnoff.. But -- Ms. Mendez: -- I'd rather -- Commissioner Sarnoff.. -- as a prophylactic measure, you can do the analysis so that that would not be a procedural issue that somebody could approach or reproach, if you will. Ms. Mendez: And I think that's what probably will be done. I just -- if it needs to be done, it will be done. If it doesn't, it doesn't. Prophylactically, it could be, so we just have to address those issues. Commissioner Carollo: Mr. Chair, real quick. Chair Gort: Yes, sir. Ms. Mendez: I'm wiggling. Yes, I am wiggling. Commissioner Sarnoff.. You're dangling. You're dangling on a -- Commissioner Carollo: IfI could just interject? Chair Gort: Yes. Commissioner Carollo: In my time here, I have seen that at any time attorneys come up with different arguments -- and that could be one of them that, after a fact or after -- they'd rather say, "Hey, let us keep reading the books. Hey, by the way, they may have to do this and they may not." So my experience has been that, you know, at any time, even at the ninth hour or right at the end, another attorney comes up with some type of argument that, 'Hey, by the way, you may have to do this." We dig this up and, you know, the thousand page of this book and so forth, so I -- just due to the credit of the City of Miami. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. Look, I think counsel and the FOP president have made their concerns clear. I think, clearly, if there's any sort of tax implications or if there's going to be any implications on the negotiations, that's a serious consideration, but it is first reading. So, I think, you know, having put all those concerns on the record -- and I think we all agree that they're legitimate and important concerns -- that we should not go forward with this legislation on second reading until they're all resolved, I think we can all say that, and I think everyone would be happy with that. I'd be willing to support it on first reading, subject to that, you know, to those things being settled and clarified before second reading. Commissioner Carollo: Yeah, absolutely. And Mr. Chairman. City of Miami Page 38 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yes. Commissioner Carollo: And real quick, I guess I should -- how is it that Commissioner Sarnoff says about the jaws and -- victory of the jaw -- Commissioner Sarnoff No. You don't snatch defeat from the jaws of victory. Commissioner Carollo: Yeah, but -- so I should just be quiet. But with that said -- Ms. Mendez: Victory from the jaws of defeat. No? Commissioner Carollo: No. Commissioner Sarnoff. No. You don't snatch defeat from the jaws of victory. Ms. Mendez: Defeat from the jaws of victory. Chair Gort: Guys, we got a long agenda. Commissioner Sarnoff. (UNINTELLIGIBLE) gets it completely. Commissioner Carollo: So I guess -- you know what? I'm going to adhere to that, but I look forward to working with the FIPO Board attorney and City Manager, whoever, with regards to those concerns, especially the IRS -- possible IRS implications, because you haven't stated any IRS implications is possible. Okay, thank you. Chair Gort: Thank you. Mr. Ortiz: I just wanted to state for the record that this is a mandatory subject of bargaining, because it does deal with our terms and conditions of employment. I disagree how, respectfully, with the City when they say that pension has nothing to do with us. Pension is an article in our contract. This is the first time this has been brought to our attention. This was never brought up in any type of negotiations, and I don't know who can sit here and say that changing the definition of `police officer" does not fall within the realms of the Fraternal Order Of police. But if this is just about putting somebody administrative in a Commissioner's office, we're not against it, but you're changing the definition of a police officer. And right now, if we did hire part-time police officers, they would have to contribute to the pension. So there are a lot of variables in this. This isn't just about, "Oh, we're changing a couple words." And when this was first presented to the Commission, there was -- it was solely, "Oh, no, just a couple of changes for administrative. " Nobody mentioned the fact that they were changing the definition of `police officer." Thank you. Chair Gort: Thank you. Yes, sir. Freddy Delgado: Mr. Chair, Freddy Delgado, 2980 Northwest South River Drive, IAFF 587. I just want to clarify. I heard that we're still in negotiations with the IAFF, and as of last Wednesday, I thought we had a verbal agreement. And I heard something about an actuarial study, and I just want some clarification on that, Mr. Manager. Mr. Alfonso: All right. Remember that there is a benefit of X'dollars for going on 7 and 10 percent. Mr. Delgado: Yes, sir. City of Miami Page 39 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Alfonso: So we need that done so that we can pay the right amount, but we have an estimate in the letter. That's all. Mr. Delgado: Okay. Thank you. Mr. Alfonso: All right, thank you. Chair Gort: Thank you. Any further discussion? Anyone else in the public? Seeing none, hearing none, close the public hearings. There's a motion and a second Todd B. Hannon (City Clerk): Madam City Attorney. Ms. Mendez: Yes. I wanted to ask one question. When is this being envisioned on coming back? Because if this would be a date of October 8, I think that there are too many little issues that we need to discuss. So when will we --? Chair Gort: When you guys are ready to bring it back to us with all the information requested by this Commission. Ms. Mendez: So it would either be the second meeting in October or the one meeting in November, so -- Chair Gort: That will be fine. Ms. Mendez: The November or October? Chair Gort: November will be fine. Ms. Mendez: Okay, thank you. Chair Gort: Okay? The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Mr. City Clerk, before you begin, can we bring it back to the second meeting of October? If we need more time, then we'll bring it to November, because November, I'm just fearing it's going to be very convoluted, because there's only one meeting in November. So, could we bring it back to the second meeting of October? If there is no agreement, or if we need more time, then we could always defer it to November. Commissioner Suarez: Guys, can I -- Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: I just -- again, I'm a little concerned I don't want this to impact on negotiations with the police officers. I know we're in the process of finalizing, hopefully, our negotiations with our police officers, and I just don't want this to negatively impact that. So, I don't know from a timing perspective -- I'm okay with the second meeting of October. I just -- if we're not ready by then, I -- you know, let's bump it another meeting, and let's get the negotiations completed so that this doesn't become an unhealthy distraction in that process. Chair Gort: Got it. Okay. Commissioner Carollo: City Clerk City of Miami Page 40 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.1 15-00755 District 5 - Commissioner Keon Hardemon RE.2 15-01093 Department of Real Estate and Asset Management Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION AND INSTALLATION OF TEN (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 Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.1 was deferred to the October 8, 2015, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTIONS 18-90 AND 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE PROCUREMENT/LEASE OF A MARINE FORKLIFT TRUCK FROM THE MANUFACTURER, WIGGINS LIFT TRUCK COMPANY, INC./TAYLOR LEASING CORPORATION, D/B/A TAYLOR LEASING & RENTAL, FOR AN INITIAL CONTRACT PERIOD OF TWELVE (12) MONTHS AT $5,819.00 PER MONTH FOR A TOTAL AMOUNT NOT TO EXCEED $69,828.00, WITH AN OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT $5,819.00 PER MONTH FORA TOTAL AMOUNT NOT TO EXCEED $349,140.00, AND AN OPTION TO PURCHASE UNDER THE FULL PAYOUT FINANCE OPTION, FOR A TOTAL AMOUNT NOT TO EXCEED $349,140.00, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 41 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 15-01093 Summary Form.pdf 15-01093 Legislation.pdf 15-01093 Exhibit - Manager's Approval Memo.pdf 15-01093 Exhibit - Lease Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0411 Direction by the City Commission to the City Manager to place this item on a City Commission agenda one (1) year from now so that the City Commission can review the lease agreement for further consideration before exercising the option to renew. Chair Gort: RE. 1 was referral [sic]. RE.2. Commissioner Carollo: Two. Daniel Rotenberg: RE.2. Good morning. Daniel Rotenberg, director of Department of Real Estate & Asset Management. RE.2 is a resolution, requiring a four fifths affirmative vote, approving the City Manager's emergency finding for the City of Miami to waive competitive sealed bidding processes -- procedures pursuant to Sections 18-90 and 18-85 of the City Code; authorizing the procurement/lease of a marine forklift for Miami Marine Stadium. The one that's currently at Miami Marine Stadium is 20 years or older and is falling apart. This is for a five-year period; a one-year lease, with four one-year options. And we -- Chair Gort: Thank you. Mr. Rotenberg: -- do have a free maintenance contract thrown in for year one. Chair Gort: Okay. Any questions? Motion. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Vice Chairman Hardemon, you're recognized. Vice Chair Hardemon: Yes. The terms of the deal in regard to the one-year extension periods, how did you end up getting that part of the deal worked out? Does that have anything to do with the monthly fee that you're paying every single month? Mr. Rotenberg: Yes. What we did was we took a payment -- the monthly payment is $5, 819; annual payment is almost 70,000. After five years, we will own the forklift. So, if we decide not to continue on at any time, if the service is not well, if the machines aren't operating, we could terminate the contract. If we want to continue on at the end of five years, we will own a forklift. Vice Chair Hardemon: And how many forklifts do you believe that we have within -- at the City? Mr. Rotenberg: We have four, maybe five, all of which are very old. We are looking at each one. Vice Chair Hardemon: So, then, purchasing one forklift is a significant thing to undertake within City of Miami Page 42 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 the City of Miami, purchasing one forklift versus --? Mr. Rotenberg: Yes. Vice Chair Hardemon: And so, the forklift that's currently at the Marine Stadium, is that a forklift that's being used right now that's in need to be used right now? Mr. Rotenberg: It needs to be used, but it is inoperable. Vice Chair Hardemon: And how long has it been inoperable? Mr. Rotenberg: Roughly, three, maybe four weeks. Vice Chair Hardemon: So this is an emergency lease, because, of course, you need an operable forklift at that venue. But what is the benefit of us moving forward for an additional four years with this lease agreement that we're waiving the competitive bidding process for versus putting it out for a bid for those next four years or each year? Mr. Rotenberg: The machines are expensive. I don't believe we're going to get a better price, even if we put it out to bid We did look at other forklift companies and other prices. This was the best one that we can get. Even though it's an emergency funding, we did do a little bit of competitive research. If we did go back out, we could cancel after a year, like I said; and if something were to where we got better terms or better financial arrangements with another group, we could do that. Vice Chair Hardemon: So, Mr. Manager, in this situation, that we're looking at this forklift, do you think that it's best to move forward after one year and put it for another -- a bid, or do you think that we should continue to use it as it is in this document for additional four years, waiving this competitive bidding process? Daniel J. Alfonso (City Manager): Commissioner, first, I'm going to say that I would like Mr. Rotenberg to also address the issue of the fact that the forklifts that we had were costing us a significant amount of money in maintenance. And the forklift is absolutely necessary to operate the marina, because you can't put the boats into the racks without the forklift, so that's why the emergency nature of it; it was done. The nice thing about having the options is that at any moment that the anniversary comes up, you can step out of the option. For example, we have an RFP (Request for Proposals) going on for one of our marinas, and probably by the time it's all said and done, it'll probably be close to a year; at which point, we can decide whether we can move a forklift from one location to the other or continue to use this forklift and not renew -- and renew or not renew, et cetera. So having that option, I think, gives us the flexibility a year from now to determine whether at that point it's needed or not. But the act of having to do it on an emergency basis, that was based on our inability to operate the marina without a forklift. Vice Chair Hardemon: And I completely understand the need to do that now. Mr. Alfonso: Right. Vice Chair Hardemon: But my question is, after one year, there's not an emergency need, so for us to continue to waive the competitive -- it's -- to me, it's a continual act of waiving the competitive bidding process, because you didn't bid in the first year, and now you won't be bidding in the second, third, fourth, or fifth year. And so that's the part that I'm talking about. Mr. Alfonso: Okay. Vice Chair Hardemon: So that's why I'm toying to figure out why is it best not to -- City of Miami Page 43 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Rotenberg: There are two issues with that. Just to continue what the City Manager said, which is true, our annual budget was far exceeded. The one forklift in question, the repairs for one year was in excess of $375, 000. If we go back to this company and we say to them, "Oh, we're going to take one year out of the five years and we may not continue on upfront," they're going to change the numbers on us, and they will be unfavorable to the City. Commissioner Carollo: Mr. -- Commissioner Sarnoff I (UNINTELLIGIBLE). Mr. Rotenberg: Sorry, Commissioner. Chair Gort: Yes, sir. Commissioner Sarnoff. Maybe what you want to do is -- because I think it'll see an REP as well, but why don't you -- why don't we consider approving this with a directive to the Manager to look at the anniversary dates to see if there can be a more competitive nature -- Commissioner Carollo: Mr. Chair. Commissioner Sarnoff. -- or whether it be warranted, but to change the terms of the agreement, I think we would defeat our own purpose. Vice Chair Hardemon: Right. And (UNINTELLIGIBLE) -- Chair Gort: He's got to floor; wait a minute. Go ahead. Vice Chair Hardemon: And I'm sure you can see, as I was building my questions, that that's -- the facts I was trying to pull out of this were to see if one, changing the terms would affect the price, and that's why I asked about that -- and then, two, how you go about where you're continuously waiving the bidding process through years two, three, four, and five, so I completely understand that. And putting the language that you just proposed on the record, I don't think would do me any good, because I assume -- and I think it'll be a very good assumption -- that the Manager would look at the end of year one whether it was beneficiary [sic] for him to continue the relationship or to seek an REP. So, I think the reason I'm not proposing that is because I think that you would do that anyway, because I believe that you are responsible enough with our finances to make sure that that happens. And then the only other option would be to bring it back before us, but I think by doing that, it would put that decision in our hands and not necessarily that is something I want to do, either. But I just want the Administration to be aware that when we make this type of ordinance or this resolution or -- when you put forth this resolution, that it's not insignificant in the fact that there are only four, as I understand, that's within the City of Miami's possession, and this is one of that four, so you're talking 25 percent of the actual forklifts that we have, and so there should be some sort of competitive bidding process. I understand the nature of this situation in this year, and why we found ourself in this position; but if the other ones are costing us additional funds, then maybe we should be proactive and think about putting out a bid for something like this moving forward instead of waiting till there 's an issue that we need to put emergency ordinance on for. Mr. Rotenberg: You're a hundred percent correct. I've been here one year, and this came to my attention about a month, month and a half ago by looking at numbers. The numbers that we're paying for the maintenance far exceeded the value, and we turned around and decided to take action. Chair Gort: Thank you. City of Miami Page 44 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: Thank you. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. That's why I want to second the motion. I asked for discussion, because Commissioner Sar -- I'm sorry -- Commissioner Hardemon's concerns were concerns that 1 had, and I thought the best way would be for any additional years, just like we did before, for it to come back to this Commission in order for us to give the approval for an additional year. And at that time, or even beforehand, we could have those questions and see exactly that the analysis was done, and it's beneficial for us to continue with this lease as opposed to just -- because what happens is, Commissioner Hardemon, many times, if it doesn't come back to this Commission, you'll never hear about it again, because in all fairness, so many things are happening in this City at the same time that you just don't hear about it anymore, so that's why, you know, sometimes I like to have on specific items, make sure that it was put in legislation, that it does come back to this Commission for us to make sure that it doesn't get forgotten with all the things that are happening. And again, I feel that with this legislation, it should come back to this Commission for any additional years, at the least. Commissioner Sarnoff. But in doing that -- Chair Gort: Thank you. Commissioner Sarnoff. -- we could change the terms and conditions of the agreement, because if I'm a guy -- if I'm the forklift company -- let's say I'm Harris, right, Harris Forklift -- I don't even know if this is Harris or not -- and I know I have the one year certain but four year options, and I put it in the political hands of us, because it is politics, then I'm going to change my conditions and my terms, and I'm going to at least make sure my payments go up on the front side versus the backside. So I don't know that in this circumstance, it is a wise move to do that. You could test the water, but on the other hand, I think you guys know there'll be an RFP for Virginia Key. I would think it would be here in the next year to 18 months. And you also bring up a good point which we never learned: how old are the other three forklifts or the terms and conditions for the other three forklifts? I don't know. By the way, I clearly don't know. And as you would think, well, if you lease a fleet of forklifts, don't you get a lower price than one forklift. Chair Gort: Couple of questions, and that's -- Commissioner Sarnoff: What you get -- Chair Gort: -- (UNINTELLIGIBLE) thought. The -- this forklift is going to be used where? Mr. Rotenberg: At Miami Marine Stadium. Chair Gort: Marine Stadium. We have -- how many of these shipyards do we have? Mr. Rotenberg: We have Dinner Key Marina. We have Bayside. Chair Gort: Bayside. Mr. Rotenberg: Bayside doesn't typically use the forklifts because there's no dry stacks. Chair Gort: Right. Mr. Rotenberg: So this would be used in one of the marina. There is an RFP out there; that is correct. The one-year option we took specifically for the reason that if we're not satisfied after City of Miami Page 45 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 one year; or we don't need it, we get to cancel. Chair Gort: Okay. I have to tell you, we just opened up the -- about a week ago, Apex Marine. Came all the way down from Florida -- I mean, from Broward, and established they're settling here, and as I know of people have come and talked to me (UNINTELLIGIBLE) in the Planning Department. They talk in the Planning Department to pull a permit for additional marinas that they going to take place in the river, so this is something that we might be able to take advantage of it, because those companies are going to be coming down here and want to provide the sale. Commissioner Sarnoff Is Apex the Merrill Stevens? Is that the old Merrill --? Chair Gort: No, that's -- Merrill Stevens is working full-time, also. (UNINTELLIGIBLE). This is an additional. This is the one on north -- Southwest South River Drive and about 21 st Avenue. Commissioner Sarnoff And `formerly known as" or is this brand-new? Chair Gort: No, no. It's formerly. It used to be one of the biggest one that we used to have done here. I forget the name. Commissioner Sarnoff At Jones Boatyard, right? Chair Gort: Could be. Commissioner Sarnoff Could be Jones Boatyard? Chair Gort: Could be. Commissioner Sarnoff Okay. Chair Gort: It's a major one -- so we finally getting that -- those marines services back to Miami, which is vety important. Okay. Mr. Alfonso: Mr. Chairman, if may? I think we -- we don't have an objection to bringing it back in a year. Chair Gort: Yeah. Mr. Alfonso: We have other forklifts that are vety ancient as well, which we will probably start that RFP process anyways. Chair Gort: Right. Mr. Alfonso: And a year from now, that'll probably be something that we can look at; just instead of three, we do four. Chair Gort: Okay. Thank you. Any further discussion? Vice Chair Hardemon: Well, I would support Commissioner Carollo in the bringing it back to the Commission in a year. Much like you can review it in a year; just bring it back to us in a year. Mr. Alfonso: No problem. Victoria Mendez (City Attorney): We can -- sir, for the Clerk's purposes, we could do one of two ways: We can amend this reso saying it's coming back in a year; or we could do a directive, a City of Miami Page 46 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 separate directive to bring it back in a year. Whatever is easier for -- Todd B. Hannon (City Clerk): It's the will of the Commission. Vice Chair Hardemon: I think the directive would be better so we can -- Chair Gort: Yes. Ms. Mendez: Follow up. Vice Chair Hardemon: -- calm the concerns of our dear Commissioner in the second district. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 15-01121 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICTS ("WYNWOOD BID") PETITION PROCESS FOR THE EXPANSION OF THE WYNWOOD BID BOUNDARIES. 15-01121 Memo - Office of the City Clerk.pdf 15-01121 Legislation.pdf 15-01121 Exhibit - Cert & Declaration of Results.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-15-0412 Chair Gort: RE.3. Todd B. Hannon (City Clerk): Good morning. RE.3 is a resolution of the Miami City Commission, with attachment, accepting the City Clerk's certification of the Wynwood Business Improvement District's petition process for the expansion of the Wynwood BID (Business Improvement District) boundaries. For the record, the petition did not meet the threshold required for the boundaries to be expanded, so the boundaries will be remain as they currently are. Chair Gort: Okay. 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. City of Miami Page 47 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.4 15-01127 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING SELECTION OF SANTANDER BANK, N.A. TO PROVIDE CAPITAL FOR LEASE PURCHASE OF POLICE AND FLEET VEHICLES AND TO PAY FINANCING COSTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AGREEMENTS AND DOCUMENTS REQUIRED BY THE LEASE AGREEMENT PROVIDED THE TERMS ARE CONSISTENT, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE LEASE PURCHASE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED. 15-01127 Back -Up - RFP Summary.pdf 15-01127 Back -Up - RFP Memo.pdf 15-01127 Back -Up - RFP Response.pdf 15-01127 Legislation.pdf 15-01127 Exhibit -Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0410 Chair Gort: RE.4. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. In the proposed budget and with this item, the City is seeking to implement a Vehicle Replacement Program through the Florida Sheriffs Association contracts. We have in the proposed budget lease payments for 300 police fleet and 175 general fleet. This contract, the Administration's recommending Santander Bank, for a five-year period, up to a thousand vehicles, up to $32 million. Couple of important points: At the end of the lease, the City will own the vehicles outright. The security for the lease, the City is not pledging a particular security. The vehicles themselves are the security. And there's no requirement to draw on a particular schedule, so the City can lock in the rate at the time of the draw and purchase as many vehicles up to what is allowed in this contract. I'll take any questions you may have. Chair Gort: So you're talking a letter of credit that will maintain the same interest rate during the five years? Mr. Rose: Well, it's a variable rate, but it locks in at the time of the draw. Chair Gort: Of the draw, yes. Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Question to the Administration. Mr. Rose: Yes, sir. City of Miami Page 48 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Carollo: So right now you have 300 -- or you're proposing 300 police vehicles. Those are not all marked vehicles, correct? Mr. Rose: Yes, sir. They're not all marked vehicles. That is correct. Commissioner Carollo: Do you have how many marked and how many unmarked? Daniel 1 Alfonso (City Manager): Commissioner, the original number that I was told is about 200/100, but we're looking at that; 200 marked, 100 unmarked. Commissioner Carollo: And then for general services or other non police, non -fire is 175? Mr. Alfonso: Yes, sir. Commissioner Carollo: Let me ask you, with regards to -- and I asked this during our briefing. What's the average age of the vehicles that you're going to replace? So what -- like in other words, you're going to replace, from what it seems here, 475 vehicles. Those vehicles that are being replaced, what is their age right now, understanding that there is seven years for police vehicles and -- Mr. Alfonso: Well, that -- Commissioner Carollo: -- so forth? But the ones that you're preplacing right now, what is their Mr. Alfonso: Commissioner, I'm toying to get the GSA (General Services Administration) director up here, and he can take about the fleet and its age. I want to talk about that statement that you just made, though, about the seven-year issue. In the current contract, that was suspended And there is a specific number -- dollar amount that was agreed to in the last contract for how much would be spent to purchase police cars, and that is currently the -- in the current contract as of today. But I'll let Rick talk about the age of the fleet that we're looking at. Ricardo Falero: Rick Falero, director of GSA. Right now, vehicles that are '08 and older, it's -- the fleet stands about 350 vehicles at the moment of marked police cars, not even counting administrative vehicles or -- Commissioner Carollo: Okay, hold on. So, are we talking police cars or are we talking --? Mr. Falero: Police cars. Commissioner Carollo: So just police cars. Mr. Falero: Marked police cars. Commissioner Carollo: Marked police cars. So how many are there from --? Mr. Falero: Right now, that are '08 and older, it stands about 350. Commissioner Carollo: Okay, so, in essence -- and I'm sorry -- it's seven years where we have to replace them by seven --? Mr. Falero: Every seven years, right. So what we're trying to do is basically get rid of all the vehicles that are seven years and older in police. Some of them may -- the ones that are in better shape may remain as spares; the other ones would be deadline, and that is the purpose of it. It does need it. We have spent a tremendous amount of money last year and part of this year City of Miami Page 49 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 replacing transmissions and (UNINTELLIGIBLE). It's been quite expensive to maintain all those cars. Commissioner Carollo: So, realistically, from what you're telling me -- again, I'm not seeing any documentation. I mean, there's no way for me to like really, you know, see, hey, all these VIN (Vehicle Identification Number) numbers are police vehicles and all that. Mr. Falero: Right. Commissioner Carollo: Because I just (UNINTELLIGIBLE) -- in essence, what you're saying is that with these 300, we're actually 50 PO (police officer) -- is it -- Mr. Falero: Well -- Commissioner Carollo: -- like to say are labor contract? Mr. Falero: No. What happens is you -- with those, you have enough because a lot of those cars that are left can become spares, so by (UNINTELLIGIBLE), we have everyone properly in their cars and you're under contract. Those vehicles that are remaining would become spares, so therefore, you're still -- you're going to be okay as far as the contract goes. Commissioner Carollo: Okay. Talk to me about -- Mr. Alfonso: Again -- Commissioners, please. The issue of the contract is subject of negotiation of police cars. There -- in the last police contract, there is that language about the seven years. However, there's language that specifically says, "For this contract, we're only going to spend "X" number of dollars in buying cars." So that -- you know, if we're going to talk about the issues of labor negotiations, I don't think we're trying to get into them. What the director is trying to answer is saying that the primary frontline cars, if we do this, will meet that definition. Is that what understood, Mr. Director? Mr. Falero: That's correct. Commissioner Carollo: Listen, I'm not trying to get into labor negotiations. I'm trying to get into the facts, okay? You're asking me to approve a lease that you're going to now use to acquire 300 police cars and you want to acquire 175 regular vehicles for, I guess -- I don't know what's the correct terminology -- general services. So my initial question was what is the current stage of those cars? I mean -- Mr. Falero: Okay. Mr. Alfonso: The current stage right now is that -- Commissioner Carollo: The cars that we're going to replace. Mr. Falero: The cars that are in Police -- like I said, a lot of the cars, those are tremendous -- a big buy at one time that was done back in '08 when a lot of those cars came in. A lot of the cars right now are better cars than the ones back then. We had a combination of Crown Victorias, and we had a combination of Impalas. We have had issues with some of the models, and those are the ones that have cost us a tremendous amount of money to maintain; that we needed, yes; the same thing with the general fleet. The general fleet, it's -- it moved -- dire condition. A lot of the vehicles are very old. We have a lot of vehicles are still that are over 10 years of age, 12, and even 15 years of age. A lot of them, they just need to be replaced. It came to that time. There's a lot of '04s, a lot of '03s, '02s. So, yes, we do need to change a lot of the general fleets. And the police, obviously, well, we're at the stage where we have been -- we still have three 2003s left, we City of Miami Page 50 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 have seven 2005s left, and we have about 40 or so that are still '07s. Now, those cars are not being used; only as spares, but those need to go away all together. And then the '08s that are in good shape, but they are because we spend a lot of money of them -- would become -- and they need a large spare fleet, because when you have that many vehicles, you still need a fleet of spares of about 70, 75. Commissioner Carollo: Mr. Director, define the word .pares." Mr. Falero: A spare -- Commissioner Carollo: Does "spare" mean that when a police car goes for some engine work or what happens -- Mr. Falero: When it's sent to -- Commissioner Carollo: -- this -- Mr. Falero: -- service, they take -- they give them a car. Commissioner Carollo: They give them this spare? Mr. Falero: Yes. Commissioner Carollo: So the spare actually patrols our streets? Mr. Falero: The spare will patrol the street. That's why we're making sure that those cars -- they're not all the time out, but we make sure that the cars, again, will meet all the requirements, and the cars are in good shape. Commissioner Carollo: But they could be older than seven years, so they could be -- Mr. Falero: Most of the time we keep them -- because of the financial restraints we have, we have a few. We're trying to do now is basically just have that are going to be around seven years. Commissioner Carollo: And that's where I'm getting at. Because of the financial restraint that we had -- well, I don't think we have the financial restraints now, so I'll make sure that one of our priorities is to get our first responders the proper equipment that they need, the resources in order to them to do their jobs. So the last thing I want is to have a police car that has his engine open up in some -- you know, side of the street because it's broken down, and next thing you know is, "Oh, but that was because it was a spare." So, if the car is being used to patrol our streets, if it's used -- if it's being used for law enforcement purposes, I want to make sure that our fleet is up to date and we provide the equipment and the resources to our first responders in order for them to do their job. Mr. Falero: I agree with you. Commissioner Carollo: And I agree -- I remember the financial restraints. Remember, I was here before you were here. Mr. Falero: Yes. Commissioner Carollo: And I was here. And as a matter of fact, I chaired that meeting that we all remember. I think Commissioner Sarnoff will probably tell you that was the longest minute and a half or two minutes in his life, or at least, sitting in this dais. So I remember that time very clearly, but here's the difference. We're not in those financial restraints anymore, and I think now City of Miami Page 51 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 this needs to be a priority, so that's why I want to make sure that we are -- if we do approve this lease that we are identifying our total need. Mr. Falero: Yes, we are. As a matter of fact, if I may for a minute, on the original paper that I gave Budget when we were looking at this, we have sort of divided the buy; part of it now, part about a year from now, because you can only digest so many vehicles at one time and go through the process and equipment. So it is already -- the numbers already have -- and the lease amount will cover to do the whole fleet altogether, I mean, that's needed to be replaced. After we get rid of this particular hump, after that is minimal, the amount of vehicles that are needed to be replaced, because the next batch are '09s and '10s, which is minimal, the amount of cars. So, yes, we have this in two phases; and again, in order to be able to properly process everything, unload all the cars that need to go, and be deadlined we split it up to make it a little bit more easier to handle, and I think we'll be fine, because the vehicles that will be used as spares are being thoroughly checked. They're the ones that are the best of what we have, we have put transmissions, differentials, I mean, everything on the cars. There's not a car there that hasn't been looked at, so I don't think that's going to be an issue for the eight or nine months that we're talking about before we get the next batch of cars to finish replacing all the -- all those vehicles that are remaining. Mr. Alfonso: Commissioner -- Mr. Chairman, ifI may add? Chair Gort: Yes. Mr. Alfonso: Please note that this initial purchase is of 475 vehicles for 'X" number of dollars, but this lease agreement that you're authorizing gives the Administration the ability to go all the way up to $32 million, which is approximately a thousand vehicles. We just need to stagger that in in terms of how we allocate that annual cost in combination with all of the other constraints on the budget, sir. Commissioner Carollo: We will still need to approve the budget for the leases on a yearly basis, correct? Mr. Alfonso: Correct, Commissioner. And then that is the point; that we're staggering this in, and we will let you know exactly how that increase in vehicles will impact future budgets. Commissioner Carollo: A couple more questions, and I appreciate the time, so, you know, thank you, Commissioners. The non -marked units, what are their ages of the vehicles that you are planning to replace? Mr. Falero: Of those, we are looking to replace about 100. Commissioner Carollo: Right. And -- Mr. Falero: Right. Commissioner Carollo: -- what's the current state? How old are they? What year? Mr. Falero: The majority -- the ones that we need to replace are '0Ss and '07s. We have deadlined almost -- Commissioner Carollo: Oh -five and oh -seven? Mr. Falero: Yeah. The '0Ss is a minimal amount. That's exactly, so we're -- we have -- we already had -- some of them came in that we replaced. We had -- the '0Ss are not that many, but again, yeah, we're in dire need of changing that, and we're addressing on both the buys -- on the City of Miami Page 52 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 second buy to finish all the old administrative cars also so that we have all of them up to date, and the same thing with the marked police vehicles. Commissioner Carollo: Okay. So what do we need to do to address all those vehicles? Because I think some of this should have been addressed last year or before, because we have not been in those financial restraints that we were -- that you mentioned as of before. So I want to make sure that -- again, is public safety a priority or not? So I want to see how many vehicles and in what state do we -- are we at in order to address it as soon as possible, to be honest with you. Mr. Falero: Yeah. The '08s just came into effect this year, the one before, so that's why we're addressing these to (UNINTELLIGIBLE), so we'll sit with them. Because when the buy originally was done, you're not -- we replaced a lot of the '08s already, and the ones that are coming will replace the older ones. The buy of the '08s have two different dates, so really, as far as -- when you go by calendar date, you're not going to be in bad shape of having a lot of cars out there that are outdated, because the dates justify them. So, you will have pretty much a clear inventory by the time we get all the vehicles in, and no one's really going to be riding a real old car. That -- those days are gone. Most of the '03s and '05s that are left are usually used as decoys; they're not even used as spares. The police use them for different options. So it's not anybody patrolling in an '03 or '05; maybe a few '07s, but like I said it's very minimal. Most of them are used as decoys right now. Commissioner Carollo: Understood And I think it's probably going to be my last question. With the 175 for general services, how old are the vehicles that you are replacing? Mr. Falero: Everything that we're looking to replace is '07 and older. Commissioner Carollo: 'Oh -seven and older. Mr. Falero: Basically, we're going to be looking '06 and '05s and back; some of the '07s, depending on the condition. Almost everything is going to be based on 2001, 2002s, 2003s, '04s, 'OSs, that type. A lot of public recall trucks, a lot of parks, you know, vehicles that -- around and they do need to be replaced. Commissioner Carollo: And this is going to be 1.9 percent interest rate? I'm sorry -- Mr. Alfonso: Right. As of today, that was the rate as date of print, but the date -- the rate changes daily. Two things, Commissioners: We're trying to get this as soon as possible, because we anticipate rates will likely go up, number one. And number two, we'd like to get our order for vehicles in to manufacturers as soon as possible, because we anticipate every other local government's going to get approval for more vehicles. So it's first come, first served at the factory, sir. Commissioner Carollo: I don't have any other questions. Thank you. Chair Gort: Okay. Thank you. Anyone else? Yes, sir. Javier Ortiz: Thank you, Commissioner. Lieutenant Javier Ortiz, Fraternal Order of Police, 710 Southwest 12 Avenue. I want to start off with Mr. Falero. Mr. Falero, ever since you took control of GSA, I've really gotten very few complaints from the police officers as far as the job that they do; and a lot of times ,we overlook our civilians, so I just want to say thank you. Same with Mr. John Babos; he does an excellent job in GSA. Regarding the comments that the Manager made regarding the contracts, saying that this has been suspended, I respectfully disagree with what he's saying. The contract stipulates how much money they were going to spend. However, our understanding is, if there was vehicles that were past the seven-year requirement, they would be replaced. This Miami -- this leasing option that has been brought to City of Miami Page 53 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 the Commission, I presented it to the Manager about two years ago when the Miami -Dade Police Department brought it in at the time. It was something that he told me was not viable. Vehicles are a mandatory subject of bargaining. It falls within our terms and conditions of employment. As you know, Officer David Herring was the police officer that was killed in one of our cars, and so I take -- you know, this is a big priority for us. And for you guys to make any type of arrangement or agreement on police equipment and not having it go through the normal facets of collective bargaining, I take it as offensive, because, you know, the Manager wants our light -duty personnel in smaller cars, and it all has to do with emergency equipment and what officers need on the street, and to be told that we -- we're going to buy 300 cars, but we have 350 expired is an issue. Based on what Commissioner Carollo's saying, we had our Crown Vics (Victorian), which are 2008s; those expired last year, December of last year. And we had our fleet of 2008 Impalas that just expired. We have vehicle -- we have officers that are in 2005s, 2007s; they're driving around on spares. They have no emergency equipment in them. They don't have anything. They cannot run to emergency calls, and I hear it all day on the radios. So I don't expect Mr. Falero to know that, because he handles the maintenance. So I ask that, you know, if you want to talk about facts, fact: This has not been negotiated Fact: what has been brought to our attention as far as how we're going to break the vehicles, you were asking how many are going to be replaced for marked and unmarked. That's all subject to the terms and conditions of our contract. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Go ahead. Commissioner Sarnoff. And let me just kind of say, Commissioner Carollo, you did a great job of discussing this. I think the only point Commissioner Carollo's making, which I think we all agree, because I don't -- nobody said anything -- is that we expect our first responders to have the equipment that they need up- -to date, based on whatever requirements, maybe not even our contract requirements, maybe just plain old good practices; that we expect our police officers to be in the most modern fleet that we can have. We expect our fire responders and our rescue responders to be in equipment that is up to snuff. I think that's all we're saying. I think we're saying the bad times are behind us; the better times are here, and we expect that, as our primary responsibility, which is the safety and protection of the general public, that this contract contemplate and implement those changes. Chair Gort: Yes, sir. Mr. Alfonso: Yeah. Commissioners, Mr. Chairman, this lease agreement has nothing to do specifically with the labor contract. This is a vehicle for how we acquire vehicles. In other words, this is a conduit for how we acquire vehicles. That's all this is. The Commission has given us the authority. If we end up doing less, more, negotiate "X, " "Y, " it is what it is. The numbers that you see in front of you are based on estimate of 475 vehicles. We might -- in those vehicles, like I said, we anticipated 200 marked and 100 unmarked but the estimates were done with all patrol cars. One of the things that I'm asking for is to get Explorers for the FTOs (Field Training Officers), for example, and the way I look at it, that might change the pricing slightly. So all we're asking this Commission to approve is us to have the ability to lease the equipment rather than buy it. If we have to go buy 300 vehicles for police right now, it's close to $9 million. This way, you get to do it at about $2 million a year. So that's what I'm asking this Commission to approve. Chair Gort: Thank you. My understanding is, total of the $32 million, talking about 1,000 vehicles take place. Now, my understanding, one, you get vehicles in, you have to put -- it takes how long to get it ready to go in the street? City of Miami Page 54 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Alfonso: Well, as a matter of fact, it's interesting we are working with a couple of companies to do that, and then I'll let Rick answer that as well, but I think it's a few weeks. Mr. Falero: Rick Falero, director of GSA. When the vehicles get here, they're already equipped. We -- Chair Gort: Go ahead. Mr. Falero: -- normally order them. The -- when the factory ships the cars, they ship them right to the individuals that are going to be putting the cars together, striping them, and putting all the necessary safety equipment, and then we take delivery. Normally, it depends on when the order goes in; it's about 120 days. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Yeah. I heard you say something, and I don't know if you misspoke, because it wasn't part of my briefing. I thought we could lock in a 1.9 percent today. Mr. Alfonso: That's the current rate that existed as of this date, but -- Commissioner Sarnoff. Right. Mr. Alfonso: -- the rates fluctuate daily. The day that we close, that will be the rate that clay. Chair Gort: The rate at that day. Commissioner Sarnoff. And my understanding is that the second responsible bidder wanted to give us a variable rate. Mr. Alfonso: Right. There was another responsive bidder who gave us a variable rate, meaning that -- well, once we lock this rate in, it's locked in for the five-year duration of that tranche. The other bidder had a two-year locked in and then reassess every two years. Commissioner Sarnoff. So if we pass this today and, theoretically -- so you're saying, it's 1.9 percent today. If we pass this today, and the Mayor would be around and sign this, we would get 1.9 percent? Mr. Alfonso: Well, we'll have to close the contract with the vendor. Then -- it's like closing a house. The day of closing is the day that that's the rate that applies. Commissioner Sarnoff. Just for the hay of it -- because I have no idea how long it takes -- how long does it take you to close a contract with a vendor? Mr. Alfonso: Well, Commissioner, given that the authorization is given today, we could probably get it done pretty quickly, assuming the budget passes this evening. Commissioner Sarnoff. Right. "Quickly" is the next seven days, the next -- Mr. Alfonso: The FA (financial advisory), what does it say? Pete Varona: Tomorrow. I mean, I'm sure -- City of Miami Page 55 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Sarnoff. I'm curious. I'm just curious. What is -- I don't know. This is the things that I don't know. Is it December of this year? It is February of next year? Mr. Varona: It could be a couple weeks. Victoria Mendez (City Attorney): I would say 30 days or less. Commissioner Sarnoff. I mean, you don't do it, so why would you say that? Ms. Mendez: Because we help with the contracts and stuff (UNINTELLIGIBLE). Commissioner Sarnoff. Do you look at the contract? Mr. Alfonso: This was a RFP (Request for Proposals) already done, already evaluated -- Commissioner Sarnoff. Right. That's why -- Mr. Alfonso: -- (UNINTELLIGIBLE). Commissioner Sarnoff. I guess we, as Commissioners, are curious, like how long does that take? Mr. Varona: Commission -- Commissioner Sarnoff. There looks like a young man that knows exactly what he's going to say. Mr. Varona: My name is Pete Varona. I'm the financial advisor with PFM (Public Financial Management) for the City. A typical closing, we could probably do it in two or three weeks; you know, maybe about a month or so. That's the typical turnaround. Commissioner Sarnoff. So within 30 days? Mr. Varona: Exactly. Commissioner Sarnoff. Okay. Ms. Mendez: See, I knew. I could answer this one pretty directly. Commissioner Sarnoff. Yeah. No, I would have thought "no way you could answer this one." Chair Gort: Okay. Yes, sir. Commissioner Carollo: Mr. Chairman, real quick. Something the Manager said, that you're thinking for the FTOs (field training officers), to give them SUVs (sports utility vehicles)? Mr. Alfonso: Yes, Commissioner. Individually, as an operational issue, we're looking at the new police cars that are being produced, and mostly are the Ford's Tauruses. Inside a police car, if you look at the front, you have the computer stand with a laptop attached; officers wearing the equipment, the gun belt, the -- et cetera, et cetera. Commissioner Carollo: I've been there. Mr. Alfonso: When you have an FTO and a trainee in the front seat of a car, along with all that equipment. It is kind of cramped up there, so one of the things that we're looking at is assigning FTOs the Explorers, police packages, which allow for more room upfront. City of Miami Page 56 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Okay. Vice Chair Hardemon: How many FTOs are there? Mr. Alfonso: Roughly, 60, sir. Commissioner Suarez: A lot more now. Commissioner Sarnoff.. How many? Mr. Alfonso: Roughly 60. Is that -- Chief? Unidentified Speaker: Sixty-eight. Mr. Alfonso: Sixty-eight. I was close. Chair Gort: Okay. Mr. Ortiz: One last thing. Commissioner, again, these cars are going to come fully loaded. They're not going to a vendor that falls under our terms and conditions of employment. This deals with safety equipment that's going to be utilized by our police officers. By them putting them in different types of vehicles, such as front -wheel drive vehicles, there's training issues that need to be brought up, because most of the vehicles we drive now are rear -wheel drive. These are the things that need to be discussed. By signing this deal and already coming with the cars pre packaged when we don't even know how many cars we're going to negotiate in the contract, when we have already taken the position, the official position that we have over 300 that are expired, again, I think we're cutting ourselves short by doing that. Chair Gort: Thank you, sir. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. I just want to verify it. So the FOP is against us approving this --? Mr. Ortiz: Yes, we are. Again, this is under the terms and conditions of employment. Let's go to the bargaining table. I know he wants to act like that we have absolutely no power. This is a labor issue. This is a safety issue. This is an equipment issue. And they're trying to jam this down our throats. Let's go and meet, and let's talk about it, and let's reach an agreement. Vice Chair Hardemon: Mr. Chairman. Commissioner Carollo: But -- Chair Gort: Yes. Vice Chair Hardemon: Oh, I'm sorry. Go. Commissioner Carollo: No. I just want to point out, the vehicles that we're thinking of purchasing, is it a pretty done package already? Because it's -- Mr. Ortiz: It is. Commissioner Carollo: Listen, my -- okay, the way I understand this, I think the reason why they want to move this along is because of the interest rate. I think they see a variable interest rate, and I think they want to move it along, but, you know, again, that's why we have discussion, to make sure that, you know -- City of Miami Page 57 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Alfonso: Commissioner, two things: Not only the rates, because we do believe that the Feds are going to raise the interest rates. That's number one. Number two, factory orders; and the vehicles for patrol that we're trying to get are police packaged vehicles. Mr. Varona: Exactly, yes. Mr. Alfonso: These are approved by the Florida Department of Law Enforcement, et cetera, police contract. We're not going to buy -- Mr. Varona: Yeah, they're all police interceptors. Commissioner Carollo: Understood Mr. Ortiz: But it's all different equipment. Chair Gort: Okay. Thank you. Mr. Ortiz: Safety equipment. Unidentified Speaker: Mr. Chair, can I -- Chair Gort: Okay. Yes, ma'am. Renita Holmes: Yes. Madam Holmes. You know, I want to make sure that police car has -- very comfortable in the backseat, but from that perspective. I don't know -- public safety and health is a issue. You know, these days, you know. But just (UNINTELLIGIBLE) -- Mr. Alfonso: We cannot guarantee that they're comfortable in the backseat. Ms. Holmes: Well, we really can't guarantee it's comfortable in front of a vehicle either, but the military thing really gets me, the high drive and the big wheels. We're on flat land. I'm from Miami. I'm from the hood, you know. I got to throw some `D's" on these things. But nonetheless, my question is in regards to would this be the same -- I mean, I heard statements about the safety for officers, and the safety for all personnel, and what defines an officer and an official in regards to safety; how the vehicles are leased, and how they are purchased. And so with that, my question is, are we militarizing -- and the front -wheel drive and double `Ds"? Wow. That's a sexy conversation. Nonetheless, that's military. And paramilitary policing is a question for me. It throws up a big thing, a big flag when I hear that, through the Chair, Javier. Nonetheless, cameras included? Second, does that include public safety officers? Do they (UNINTELLIGIBLE) cars (UNINTELLIGIBLE) labor issues? It's all about that. Nonetheless, is this going to be indicative of how we will or will not purchase new vehicles when we get CRA (Community Redevelopment Agency) new equipment? One million for six, new guns, and all that. Is this commingled with the purchase of their vehicles as well? And lastly -- that ought to be enough for now, because I think that factors in. We purchased recently vehicles several times for new officers, six, and I'm comparing the cost of these. So can -- I would like to be in all fairness to our PSAs (Public Service Aides), because they provide public service and they deserve safety. And lastly, again, we're already on the camera issue, so if we're talking about the inclusion of cameras in this, that's that equipment we need to have and maybe we can save some money -- Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you. -- for the tax payer and the backseat riders. City of Miami Page 58 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.5 15-01198 Office of Management and Budget Chair Gort: Right, right. Ms. Holmes: Thank you. Chair Gort: Uh-huh. Joe Simmons: Good afternoon, ladies and gentlemen. Joe Simmons, Jr., president of Sanitation Workers, AFSCME (American Federal, State, County, and Municipal Employees) Local 871. We're very supportive of the police issues, the City of Miami replacing the aging policing fleet, but I don't want you to forget the next half of this process, don't forget our 2.7 million allocation, because we need that replacement for our garbage trucks. We have equipment that's in the service for over 20 years, and we need to make sure that we collect the garbage and trash off the streets, my residents, in a responsible and efficient manner. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. Yeah. I just want to go on record, Mr. Chair. I was always curious why the Chief of Police who's offered me a ride in his police car, and he said, Get in the back. "He's got a Suburban (UNINTELLIGIBLE). Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff. Oh, he's got -- Chair Gort: Any further discussion? Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO GIVE ALL PERMANENT FULL-TIME NON -BARGAINING CITY OF MIAMI EMPLOYEES, WHO ARE ACTIVE AS OF SEPTEMBER 30, 2015, A ONE-TIME, NON -RECURRING, 2.5 PERCENT PAY SUPPLEMENT BASED ON THE EMPLOYEES' BASE SALARY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015. 15-01198 Summary Form.pdf 15-01198 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0408 City of Miami Page 59 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 it? What we're trying to do is for our unclassified and managerial and confidential staff who, at the beginning of the year, received a 2.4 percent increase, we're trying to give them a two and a half percent nonrecurring pay supplement as -- for those employees that are here, effective September 30, 2015. Commissioner Carollo: From this year's budget? Mr. Alfonso: Correct, from this year's budget. Christopher Rose (Director, Office of Management & Budget): Yes, sir. Mr. Alfonso: Nonrecurring one-time payment. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Yes, ma'am, you're recognized. Renita Holmes: Is that managerial staff? Chair Gort: That's for all the -- Mr. Alfonso: That is all the unclassified, managerial, confidential staff, including secretarial assistants to elected officials. There's a lot of departments that have all sorts of folks in this. There's 200 and something employees. Ms. Holmes: This is a first reading or is this (UNINTELLIGIBLE)? I mean, is this (UNINTELLIGIBLE) thing for -- I just want to know. Chair Gort: This is it, ma'am. Commissioner Carollo: Mr. Chairman. Ms. Holmes: This is it? So -- Chair Gort: Let her speak. Let her finish. Victoria Mendez (City Attorney): It's a resolution. Just one (UNINTELLIGIBLE). Ms. Holmes: Just for managerial? Chair Gort: Unclassified Mr. Alfonso: It is for non -bargaining employees, correct. Ms. Holmes: Are there any -- I mean -- I guess what I'm trying to figure out is the guy that pushes the broom and all that. All of them aren't represented by you, are they? I think everybody needs a raise, you know, and that's just my point as a taxpayer. I'm just concerned about the selectiveness. And 9 times out of 10, when we talk about giving folks raises and increasing the taxes, it's not always a free-for-all just because it sounds good We're all biting the bullet, so to speak, new cars and everything else, but I'm thinking about the small girl, the woman that does not have the managerial or -- that's not fair to me, you know, as a taxpayer, City of Miami Page 60 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.6 15-01152 Department of Planning and Zoning because I see the PSAs (Public Service Aides); I see like, again, at the Police Department, those folks that haven't had that much of an increase yet, and so I'm wondering if that's really fair. Second, is this going to be the way that we set precedence about doing things when it comes to making sure everybody has equal pay? Because that's a big issue. And I see a lot of women that work really hard down at the City of Miami, and just because they don't have a degree, it could be managerial. There are some of the positions that are managerial as well that have the degrees, that fit the definition of managerial, that will get it just because they fit that definition and meet that accreditation. So whether the guy is a small guy, the small woman, the woman not making $15 an hour yet, or part time, when will they get theirs? Thank you. Chair Gort: Thank you. Okay, any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Alfonso: Thank you, Commissioners. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN RECOVERY FEES, IN A TOTAL AMOUNT NOT TO EXCEED $375,875.00; ALLOCATING SAID FUNDS FROM FUND 10400, PROJECT NO. 35-127002, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR THE COMPLETION OF DEVELOPMENT AND PREPARATION OF THE INCREMENT III PROGRAM, AS APPROVED BY THE CITY MANAGER. 15-01152 Summary Form.pdf 15-01152 Pre-Legislation.pdf 15-01152 DDA Resolution.pdf 15-01152 DDA PSA.pdf 15-01152 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0417 Chair Gort: Let's go. RE.16. Todd B. Hannon (City Clerk): RE.6, sir. Chair Gort: I'm sorry? Mr. Hannon: RE.6. Chair Gort: Six, you're right. Sixteen is the page. Sorry. RE.6. Francisco Garcia (Director, Office of Planning & Zoning): Yes, sir. I will present from here while the City Manager perhaps returns. It happens to be a Planning & Zoning item, and this is a request for a transfer of funds to the Downtown Development Authority to pay for the studies City of Miami Page 61 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 that they've engaged for Increment III of the Downtown DRI (Development of Regional Impact). Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved and second Any discussion? It's a public hearing. Is anyone in the public would like to address this issue? Vice Chair Hardemon: You are not in the public, sir. Please step away from the lectern. Commissioner Carollo: Are we doing a recess? Unidentified Speaker: We're on RE.6. Commissioner Carollo: RE.6. Commissioner Suarez: Oh, we're still on RE.6? No? Commissioner Carollo: (UNINTELLIGIBLE). Chair Gort: RE.6. Vice Chair Hardemon: So there's no public comment. Chair Gort: (UNINTELLIGIBLE) the public would like to address this? Close the public hearing. All in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 15-01173 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Finance CITY MANAGER TO ACKNOWLEDGE (A) A CLOSING AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE ("IRS") AND THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST ("FIPO TRUST") ON FINAL DETERMINATION COVERING SPECIFIC MATTERS AND AN OPERATIONAL COMPLIANCE STATEMENT AGREEMENT (COLLECTIVELY, "CLOSING AND OPERATIONAL COMPLIANCE AGREEMENTS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND (B) PAYMENT BY THE FIPO TRUST FROM ITS FISCAL YEAR 2015-2016 BUDGET TO THE UNITED STATES TREASURY IN CONJUNCTION WITH THE EXECUTION OF SAID CLOSING AND OPERATIONAL COMPLIANCE AGREEMENTS, IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) IN COMPLIANCE WITH THE PROVISIONS OF THE WORKER, RETIREE, AND EMPLOYER RECOVERY ACT OF 2008 AND THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2009. 15-01173 Summary Form.pdf 15-01173 Back -Up - DraftAgreement.pdf 15-01173 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 62 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.8 15-01180 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0413 Note for the Record: Please see Item SR.1 for additional minutes referencing Item RE. 7. Commissioner Carollo: Move RE.7. Chair Gort: RE. 7 has been moved by -- Commissioner Suarez: Second. Chair Gort: RE. 7 has been moved by Commissioner Carollo; second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA Commissioner LEGISLATURE TO AMEND STATE STATUTES TO DIFFERENTIATE Wifredo (Willy) Gort BETWEEN ASSISTED LIVING FACILITIES AND COMMUNITY RESIDENTIAL HOMES THAT SERVE SENIOR CITIZENS AND THOSE FACILITIES THAT SHOULD HAVE MORE RESOURCES AND PERSONNEL THAT SERVE INDIVIDUALS WITH MENTAL HEALTH ISSUES, THE DEVELOPMENTALLY DISABLED AND ANY OTHER VULNERABLE INDIVIDUALS REQUIRING MORE SPECIALIZED CARE AND REQUIRING STRICTER LICENSING FOR THE LATTER; FURTHER URGING THE FLORIDA LEGISLATURE TO REQUIRE THAT IF A FACILITY WISHES TO CHANGE FROM SERVING SENIOR CITIZENS TO SERVING THOSE ABOVEMENTIONED VULNERABLE INDIVIDUALS THAT IT MUST BE DEMONSTRATED THAT THE FACILITY HAS THE PERSONNEL, EXPERTISE, AND RESOURCES TO DO SO; FURTHER URGING THE FLORIDA LEGISLATURE TO COMMISSION A STUDY TO DETERMINE WHAT PERSONNEL, EXPERTISE, AND RESOURCES SAID FACILITIES SHOULD BE REQUIRED TO HAVE IN ORDER TO SERVE SAID VULNERABLE INDIVIDUALS; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE INDIVIDUALS AS STATED HEREIN. 15-01180 Legislation.pdf 15-01180-Submittal-Commissioner Gort-Map of Licensed Assisted Living Facilities Aid Group Hom Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0414 Commissioner Suarez: Mr. Chair, I have to be somewhere at 12 prompt, so I don't know if you want to break now or you want to just keep going. Chair Gort: 171 tell you what, I'd like to get one, which is -- Madam Attorney, can you read the (UNINTELLIGIBLE)? It's a problem; I think we all have had it. City of Miami Page 63 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Which one? Victoria Mendez (City Attorney): Yes, that should be RE.8. Chair Gort: Eight. Commissioner Suarez: Oh, yeah. Ms. Mendez: And this is a resolution of the Miami City Commission, urging the Florida Legislature to amend State statutes to differentiate between assisted living facilities and community residential homes that serve senior citizens and those facilities that should have more resources and personnel that serve individuals with mental health issues, the developmentally disabled and any other vulnerable individuals requiring more specialized care and requiring stricter licensing for the latter; further urging the Florida Legislature to require that if a facility wishes to change from serving senior citizens to serving those above -mentioned vulnerable individuals that it must be demonstrated that the facility has the personnel, expertise and resources to do so; further urging the Florida Legislature to commission a study to determine what personnel, expertise and resources said facilities should be required to have in order to serve said vulnerable individuals; directing the City Clerk to transmit a copy of this resolution to the individuals stated herein. Chair Gort: Everybody has a map, okay. I'd like (UNINTELLIGIBLE) all ofALF (Adult Living Facility) under one license. Most ALFs starts with intention serving the elderly, because they receive higher compensation and the Medicare and Medicaid. Only after they fail to fill the beds with Medicaid patient do they go after other population. These ALFs either equip to handle the distant population the ALFs serves. In order to avoid this problem, licenses should be specified to a population that they're serving. An operator should have to demonstrate that they have the capacity and experience to serve those population. The problem that we have in a lot of those ACLFs [sic] -- and you have a map in front of you. We have quite a few of them within the City of Miami -- is they start as a ACLF [sic] for senior citizen; they get some vacancy, and they bring anyone in without any supervision, and we have had that problem in couple of our neighborhoods. And I think it's important that we send this message to Tallahassee. Commissioner Suarez: Did you move it? Are you moving it? Commissioner Carollo: So moved. Commissioner Suarez: Second. Chair Gort: Moved and second Yes, ma'am. Renita Holmes: Commissioner, on behalf of the Women's Association Alliance Addressing Injustice and Violent Epidemia [sic], Women in Public Housing, Education, Finance and Development, which fit most of those categories right now, those who go into mental health. But I gave you a little word about what we're trying to resolve at the HAC (Homeless Assistance Facility): elderly people sitting in chairs, not in wheelchairs; staff abusing them, abusing children. I'm going to keep it real right here, because it's all the way up there. It's down. I was hoping that that item would remain public, because I did notify a couple of you all that the public is coming. However, I would like to have them discuss that with you and not necessarily does it have to be public, although I've ran everywhere. Here's my concern: If we're going to be selective about that in general, and what we're dealing with with Pottinger, and the increase of women who have been traumatized by violence and displaced as a result of that, and elderly women and veterans that are disabled, my population and me, I think that we should have more public discussion or openness about what was the selective process before then. What are the standards? I would say that you're good in urging the State. We went to the State at the next City of Miami Page 64 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 legislative session that's coming up (UNINTELLIGIBLE) dealt with, so I think you're really ahead of yourself, Commissioner Hardemon, and that -- I mean, we're ahead of everybody else, so to speak, on that, and thank you, because it really is a big issue right now. I'd like to see that map. Thank you. Vice Chair Hardemon: Thank you. Ms. Holmes: And thank you for initiating it. Chair Gort: Thank you. Anyone else? Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.9 RESOLUTION 15-01153 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN David Sarnoff AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., TO ESTABLISH THE CITY OF MIAMI ("CITY") SHELTER PROGRAM, INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE, FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, FORA PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS, AND ATA TOTAL COST OF $700,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. 15-01153 Legislation.pdf 15-01153 Exhibit -Agreement.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0418 Daniel J. Alfonso (City Manager): RE.9, the Camillus House agreement. Chair Gort: Yes. Unidentified Speaker: Nine? Vice Chair Hardemon: Mm-hmm. Mr. Alfonso: Commissioners, the -- RE.9 is the agreement that we have been working on with Camillus House to allow for the beds -- 75 beds where we also entered into an agreement for $700, 000, and the City will put up 350, 000, with the rest of the money coming from the DDA (Downtown Development Authority), the Southeast Overtown/Park West CRA (Community Redevelopment Agency) and the Omni CRA. This item, if it passes, it should pass contingent upon this evening's budget. There are $90, 000 in City funds in tonight's budget to complete this item. City of Miami Page 65 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.10 15-01223 Department of Real Estate and Asset Management Chair Gort: Okay. Commissioner Carollo: Move -- Chair Gort: Thank you. Is there a motion? Commissioner Carollo: So moved. Chair Gort: Been moved by Commissioner Carollo. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. Discussion. Is anyone in the public would like to address this issue; anyone in the public? Seeing none, hearing none, we close the public hearings. Any further discussion? Being -- 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 A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE CONTINUED USE OF THE NORTH DISTRICT POLICE STATION, LOCATED AT 1000 NORTHWEST 62ND STREET, MIAMI, FLORIDA 33127 (FOLIO #: 01-3114-012-0880). 15-01223 Summary Form.pdf 15-01223 Legislation.pdf 15-01223 Exhibit - Agreement.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0419 Daniel J. Alfonso (City Manager): Okay, RE.10, Commissioners, is the North District Police Station. We lease that facility from the County for a dollar a year. We're trying to enter a ten-year agreement, so for $10, we will continue to operate that station for the next ten years. Vice Chair Hardemon: Move it. Move it fast. Chair Gort: Moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearing. All in favor, state it by saying "aye." City of Miami Page 66 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 The Commission (Collectively): Aye. Chair Gort: Thankyou. RE.11 RESOLUTION 15-01158 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DT MIAMI, LLC FOR ALL ABOARD FLORIDA RAILROAD TERMINAL ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI RIGHT-OF-WAYS KNOWN AS NORTHWEST 5TH STREET AND NORTHWEST 6TH STREET BETWEEN NORTHWEST 1ST AVENUE AND THE METRORAIL CORRIDOR, MIAMI, FLORIDA, IN CONNECTION WITH DEVELOPMENT IN THE DOWNTOWN INTERMODAL CORRIDOR SUBZONE PURSUANT TO SECTION 33C-9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; WAIVING CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE RAILROAD SYSTEM COMPONENTS OF THE ENCROACHMENTS OVER THE PUBLIC RIGHT OF WAY; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT, AS STATED HEREIN. 15-01158 Summary Form.pdf 15-01158 Legislation.pdf 15-01158 Exhibit -Aerial Easement SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon R-15-0420 Daniel 1 Alfonso (City Manager): RE.11. Chair Gort: RE.11. Mr. Alfonso: RE.11 is the aerial easements for the All Aboard Corridor. Eduardo, go ahead Eduardo Santamaria (Director, Public Works): It's an easement -- authorizing conveyance of an aerial easement for All Aboard Florida Railroad Terminal encroachments over and across City right-of-way known as Northwest 5th Street and Northwest 6th Street, and waiving certain user fees. Chair Gort: Thankyou. Commissioner Suarez: Move it. Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: We negotiate this with the corridor or anything, Commissioner? Commissioner Suarez: Is that the Ludlum Trail? City of Miami Page 67 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yeah. Unidentified Speaker: Uh-huh. Commissioner Suarez: That's the next item. Chair Gort: Okay. Is there any -- is there a motion? Commissioner Suarez: Yeah, move it. Mr. Santamaria: Mr. Chair, excuse me. I think that the All Aboard folks want to read something into the record. Okay, I -- Chair Gort: Let me make sure we get a motion before -- Mr. Santamaria: Oh, sorry. Commissioner Suarez: Move it. Chair Gort: -- (UNINTELLIGIBLE) it twice. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. You want to make a statement? Javier Avino: Yes. Javier Avino, with law office at 1450 Brickell Avenue, here on behalf of All Aboard. I'll be extremely, extremely brief I know you have a long agenda still ahead of you. We're making a friendly amendment to Section 2 of the easement. It's already been shared with the City Clerk and the City Attorney. It's a clarifying statement, really, more than anything else. It's just to clarify that the City retains all rights over and above the easement area, so it's really just to make sure that it's very clear in the easement that all (UNINTELLIGIBLE) rights above the three-dimensional easement area, as indicated in the legal description of the easement -- Commissioner Suarez: I amend -- Mr. Avino: -- are retained by the City. Commissioner Suarez: -- my motion, obviously, to accept that language. Chair Gort: Okay. The seconder, you accept? Commissioner Carollo: Yes. Chair Gort: Anyone in the public would like to address this one issue; anyone in the public? Seeing none, hearing none, we close the public hearing. Mr. Alfonso: Mr. Chairman. Chair Gort: Yes, sir. Mr. Alfonso: Sorry Before we take a roll, real quick, I wanted to point out that the waiving of the fees has some value attached, and the only reason we'd like to call this into the record is so that in the future, if we ever were called upon to do a matching contribution, we can use the fact that we have waived this, along with other things that we have committed as a match, and the City of Miami Page 68 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.12 15-01185 District 4- Commissioner Francis Suarez estimated values are about $1.4 million. Mr. Avino: Thank you. Mr. Alfonso: Thank you. Chair Gort: Okeydoke. 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. Thank you, sir. Mr. Avino: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A GRANT OR PURCHASE AND SALE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR THE ACQUISITION OF THAT PORTION OF THE FORMER RAILROAD RIGHT OF WAY BETWEEN WEST FLAGLER STREET AND SOUTHWEST 8TH STREET LYING BETWEEN SOUTHWEST 69TH AVENUE AND SOUTHWEST 70TH AVENUE, MIAMI, FLORIDA, AT AN INITIAL CONTRIBUTION AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) TO ASSIST IN THE CREATION OF THE PROPOSED LUDLAM TRAIL; FURTHER DIRECTING THE CITY MANAGER TO PRESENT STATUS REPORT OF THE SAME, OR AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS APPLICABLE, TO THE CITY COMMISSION WITHIN NINETY (90) DAYS OF THIS RESOLUTION. 15-01185 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon R-15-0421 Daniel 1 Alfonso (City Manager): Okay, RE.12 is the Ludlum Trail. Commissioner Suarez: Yeah. Thank you, Mr. Chair. So this is a very straightforward resolution which sets aside funds that are designated for District 4 for park acquisition. Obviously, we know that a million dollars is not going to be sufficient to purchase that stretch of property, but I want to start the process of allocating it, and I want to start the process of negotiating with them. I know that the County is doing an appraisal for the strip, and this is obviously something that's very important to District 4 and to, really, all residents in the City of Miami, which is expanding park space, which we've all tried to do, so I move it. Chair Gort: My understanding is -- it's your motion. Is there a second? Commissioner Suarez: Yeah. City of Miami Page 69 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 RE.13 15-01218 Office of Management and Budget Commissioner Carollo: Second. Discussion. Chair Gort: For discussion. My understand is it's from Flagler to Southwest 8th Street. Commissioner Suarez: Correct, right. It's a hundred feet. Chair Gort: Can we go north of Flagler? Because the -- I think King High would really -- Commissioner Suarez: Robert King High is (UNINTELLIGIBLE). Chair Gort: Robert King High Park, is that going to be included? Commissioner Suarez: Oh, you mean the stretch? Chair Gort: The stretch right behind the park. Commissioner Suarez: Oh, that's County. Yeah, look, I think the idea is, yes, to -- yes. To answer your question, yes. Chair Gort: (UNINTELLIGIBLE) behind the park (UNINTELLIGIBLE) and we're going to the Commissioner Suarez: Correct. There's a variety of things that we're trying to accomplish. I think we've asked the State for a matching contribution, as well, and so that's part of the idea here, but definitely access to the water, because there's a little waterway there; it's a big component, and there's a couple of other things that I don't want to talk about right now, but I'll be bringing in the future that talk about expanding our park space in that area, so. Chair Gort: Good. Okay, anyone in the public would like to address this issue? Seeing none, hearing none, 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), ADDING CAPITAL PROJECTS AND ADDING APPROPRIATIONS TO THOSE LISTED IN FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, RESOLUTION NO. 14-0445, ADOPTED NOVEMBER 20, 2014, RESOLUTION NO. 15-0012, ADOPTED JANUARY 8, 2015, RESOLUTION NO. 15-0048, ADOPTED FEBRUARY 12, 2015, RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 AND RESOLUTION NO. 15-0213, ADOPTED MAY 14, 2015, RESOLUTION NO. 15-0278, ADOPTED JUNE 25, 2015, AND RESOLUTION NO. 15-0327, ADOPTED JULY 23, 2015, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. City of Miami Page 70 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 DI.1 15-00726 City Commission DI.2 15-01005 Department of Finance 15-01218 Summary Form.pdf 15-01218 Legislation.pdf 15-01218 ExhibitA.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon R-15-0424 Daniel 1 Alfonso (City Manager): RE.13, Commissioners, we had an item to reallocate some capital funds. Go ahead, Chris. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. You can see in Exhibit "A," there are 17 items, moving money around from existing projects to other existing projects. And on the second page are two new revenues in the capital plan: one for the Marine Stadium from the NMMA (National Marine Manufacturers Association) and the other one for (UNINTELLIGIBLE) park road improvements, a general obligation bond grant from the County. Chair Gort: Okay. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Is anyone in the public would like to address this one issue; anyone in the public? Seeing none, hearing none, close the public hearings. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. Chair Gort: Thank you. END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00726-Submittal-City Manager -Police Department Hiring and Staffing Update.pdf NO ACTION TAKEN DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR THE QUARTER ENDING JUNE 30, 2015. City of Miami Page 71 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 DI.3 15-01091 Department of Information Technology 15-01005 Summary Form.pdf 15-01005 Memo - Unreimbursed Grant Expenditures.pdf 15-01005 Back -Up from Law Dept.pdf NO ACTION TAKEN DISCUSSION ITEM PRESENTATION BY MINDS AND MACHINES REGARDING LAUNCH OF DOT MIAMI. 15-01091 Summary Form.pdf DISCUSSED Chair Gort: Okay, can we take -- Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: There's another discussion item. I don't have any on my blue page. I don't know why mine didn't get rolled over, but Dot Miami, they were going to make a presentation, the -- Daniel 1 Alfonso (City Manager): (UNINTELLIGIBLE) can make the presentation. I think the folks from the corporation -- Commissioner Suarez: Have long since left. Okay. Mr. Alfonso: I don't know if you want to have that without them. Commissioner Suarez: We had a press conference and the whole thing, and I appreciate it, so, you know, I don't think there's anything -- I don't think we need to redo that. I think we -- Mr. Alfonso: So do we carve it forward or do we just drop it? Commissioner Suarez: No, no, I think we're good. I mean, we did a press conference, we announced it. October 2 is the date. Everyone who wants to buy a Dot Miami domain name -- (UNINTELLIGIBLE) Dot Miami. Chair Gort: We've been pushing for the last three years for this. Mr. Alfonso: Right. Commissioner Suarez: Eirefighters.miami, evevybody. Tomasregalado.miami; evetybody buy (UNINTELLIGIBLE), please. Thank you. Chair Gort: Right. Commissioner Suarez: And then my bid for the(UNINTELLIGIBLE). Chair Gort: Can we take five? Commissioner Suarez: Yes. City of Miami Page 72 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Todd B. Hannon (City Clerk): Chair, would you like to go ahead and adjourn the regular meeting? Chair Gort: Adjourn the regular meeting. Commissioner Suarez: Adjourned. Commissioner Carollo: Adjourned. DI.4 DISCUSSION ITEM 15-01162 District 3- DISCUSSION REGARDING A TRANSPORTATION IMPACT FEE BENEFIT Commissioner Frank DISTRICT WHICH BOUNDARY IS IDENTICAL TO THE BOUNDARY OF THE Carollo CITY. 15-01162 E-Mail -Discussion Item.pdf DISCUSSED Chair Gort: That's it? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: There is still the discussion items. I'll defer my discussion items, my district discussion items. There is one that I want to discuss real quickly; it won't be long. It just has been deferred and I just want to, you know, get the process started. Chair Gort: Go right ahead. Commissioner Carollo: Thank you. It is DI.4, and pretty much, what it is, is with all the new high-rises being built all over the City, it is adding traffic congestion, and just like we have a police impact fee, a fire impact fee, a park impact fee, I believe we should have and begin the discussion to begin the process of having a transportation impact fee for high-rises that can be used for transportation issues only, so this would be for transportation- related issues only, and the money would go in a special revenue fund that may be called the Transportation Trust Fund, or an additional funding mechanism for a Transportation Trust Fund, but the bottom line is that it's an additional source of revenues to address transportation issues due to the growth of population and development. And, yes, I understand that we need a study and approval from the State, but I just want to bring back legislation and make sure that we start the process. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: (UNINTELLIGIBLE). Yes. Commissioner Suarez: Yeah, obviously, I agree with it. My discussion item at the last Commission meeting was precisely the same thing. I thought his was a little bit different, because his talks about a benefit district, and mine was strictly related to actually adding potentially a category of final impact fee, but I'll let him explain that. I do also agree with what I thought was the concept, which is that if we do add a category of impact fee, or if we expand the impact fee formula, obviously, clearly, an impact is traffic; there's no doubt about it. Commissioner Carollo: Yes. City of Miami Page 73 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: The question is -- and I agree with where I thought he was heading, which was that it shouldn't be confined to a certain area, and I think that's where -- when you said "an impact fee benefit district, " that, I thought was important, because what we see happening with impact fees that are park related, for example, was there was an argument made, and we sort of -- I don't want to say "gave in to it" -- but we sort of followed the logic legally that the impact fee monies for parks had to be used -- we did Oh, yes, we did, trust me; we did last year, and that's why, you know, districts like yours and mine did not get an equal percentage of the impact fee park acquisition funds. We certainly did So (UNINTELLIGIBLE) -- no, I'm telling you we did, but -- oh, it was -- Victoria Mendez (City Attorney): Right, policy -wise. I'm just saying, legally, there is no problem with it being used citywide. That's all I wanted to -- Commissioner Suarez: I'm not going to pull (UNINTELLIGIBLE) to have a discussion now. My point is, I think he had a good point. Commissioner Carollo: What I remember -- Commissioner Suarez: Yes. And I think he -- which is why I thought you were going in this direction, because I think this is a very good direction to go, which is that if we're going to have a category of impact fees, we need to make sure that somebody doesn't say now that there's certain areas where it can be spent in, or has to be spent in versus others. I think it should be citywide. Our trolley system is going to be citywide, you know. There's a variety of other things that are transit -related that are going to be citywide, and I don't want someone to say, for example, that impact fees that are generated downtown are not going to cause traffic in the western part of the City, which is crazy. Chair Gort: So -- it will. I mean -- Commissioner Suarez: Of course, it will. Chair Gort: --(UNINTELLIGIBLE) back and forth. Commissioner Suarez: Of course, it will. Commissioner Carollo: Mr. Chairman. Chair Gort: Go ahead, yes, sir. Commissioner Carollo: So let me start by saying that let's not lose track of the fact that the transportation purview is within the County, so we're going -- Commissioner Suarez: True. Commissioner Carollo: -- beyond -- Commissioner Suarez: True. I agree with that. Commissioner Carollo: -- our purview, so let's start right there; however, you're right, Commissioner Suarez, and we had long discussions. Believe it or not, the reason that I wrote it that way is because I'm using language that is used in our Code right now for other transportation -- I'm sorry -- for other impact fees. Commissioner Suarez: Right. City of Miami Page 74 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Carollo: I'm actually using language that -- Commissioner Suarez: (UNINTELLIGIBLE) district. Commissioner Carollo: -- and that's exactly how it's written in our Code, I mean, word for word, using the City as the boundary, so that's how it's written for other impact fees, and I was toying to mirror that to make sure that, you know, just like we have the police, the fire impact fees, the parks, we also have this transportation impact fee, because the truth of the matter is that, especially transportation, I mean, our city is the biggest city in the County, but it's really not all that big when you, you know, consider transportation that, realistically, is a regional issue. Commissioner Suarez: Sure. Commissioner Carollo: So I want to make sure that all impact fees just on transportation that can, once again, only be used for transportation be citywide. Commissioner Suarez: Agreed. We're on the same page. Commissioner Carollo: Trolley and -- trolley or -- Commissioner Suarez: We're on the same page. Commissioner Carollo: -- matching funds for the future or so forth. Chair Gort: Gentlemen -- Commissioner Carollo: And matching funds for transportation. Commissioner Suarez: And just so we're clear, it's going to require a State law (UNINTELLIGIBLE). Commissioner Carollo: Right, right, right. I'm aware of that. However -- Commissioner Suarez: No, no, I'm with you, I'm with you. Commissioner Carollo: -- we need to start that process. Chair Gort: We all agree. Gentlemen, if you recall, one of the things that I requested, transportation is a County function. Commissioner Carollo: Absolutely. Chair Gort: What we're saying is we want to be part of the solution. Commissioner Suarez: Exactly. Chair Gort: We want to make sure we have funds like where -- whenever Tri-Rail came up that we had anything like that, because we got to work as a team. It's got to be -- all of the cities got to be involved the County has to be involved, and we got -- as I stated before, we got to be able -- when it comes to the City of Miami, if we requested "X" matching fund for any grant, that we'll have that money to be utilized. But I'd like to see -- and I asked our expert if he would allow (UNINTELLIGIBLE) study how we can provide some kind of -- not subsidize -- but some kind of feeding system to the existing transportation system that we have, which have to be improved, especially now; if we're going to build lots without parking, they're going to need public transportation. City of Miami Page 75 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: No. And listen, I think when you do things like that that are cutting edge and new, it's always a -- there's always just a little bit of a "What comes first; the chicken or the egg?" kind of argument, but I agree. I think everybody here is right, you know. I think we're all looking at the same thing. And water taxis is a good idea, which I've -- you know, you've asked me and I've been pushing as hard as I can. We had a sunshine meeting like a week ago with Commissioner Barreiro, and that's moving forward, so I think we're all working together cohesively to -- for the same purpose. 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): It's just a discussion item, sir. Commissioner Suarez: Oh, true. Ms. Mendez: Yes. Chair Gort: Discussion. Ms. Mendez: But I just wanted to ask was there a time frame you wanted a report out? Commissioner Carollo: I would say the time frame is as soon as possible; within a reasonable amount of time, but as soon as possible. Commissioner Suarez: But I think it's important what he's saying, because if we're going to go to the Legislature, the Legislature is already meeting in committee, so what I'm saying is I think we should add this to the legislative priorities immediately, and then, you know, we start the process of advocating for this, so, yes, immediately, because the Legislature starts in January; it's not in March like -- Ms. Mendez: Right, committees are starting. Commissioner Suarez: No, they're already going. Ms. Mendez: Right. (UNINTELLIGIBLE). Chair Gort: Okay, any -- So that's it? Commissioner Carollo: Yeah. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Barnaby Min (Deputy City Attorney): We will now begin the Planning & Zoning items. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.015 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or be (UNINTELLIGIBLE) to the City Commission. If the applicant agrees with the staffs recommendation and no one from the public wishes to speak for or against the item, City of Miami Page 76 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have and the public may speak as stated before. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting any action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks that documents supplied to the Commission less than seven days before merit continuance, the item may be continued by the City Commission at its discretion. Thank you. Chair Gort: Thank you. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any, any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. As soon as we have two more Commissioners, we'll get going. Later... Chair Gort: Okay, what else do we have in -- let's finish with the PZ (Planning & Zoning). We got a lot of people been waiting for a while. Mr. Garcia: Yes, sir. Thank you, sir. I'll proceed with PZ.1. Chair Gort: Yes. Commissioner Suarez: Did we do the deferrals already? Mr. Hannon: Sir, it was actually read by the Planning director, but we didn't have quorum at the time, so we would need to take a vote on the continuances. Commissioner Suarez: So now -- Chair Gort: We will do the deferral again. Mr. Garcia: Yes, sir, I'm happy to read the deferrals into the record. Item PZ2 is being proposed to be deferred till October 8; item PZ. 7 is being proposed to be deferred to the December meeting, and I'm not sure what the date is. I apologize. And perhaps the City Clerk can tell me what the date is for the December meeting. Mr. Hannon: My apologies. The date of the December meeting is December 10. Mr. Garcia: Thank you, sir. So PZ 7 would be to December 10. PZ's 10 and 11 would be deferred to November 19. I believe that's the correct date for the November meeting. City of Miami Page 77 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PZ.1 15-00904ec Mr. Hannon: Yes, sir. Mr. Garcia: Thank you. And that's all I have. Chair Gort: PZ 1. Commissioner Suarez: I'll move the -- are you going to let him move the deferrals, Mr. Chair? Chair Gort: Sorry. Yeah, we got to make a motion. It's been moved by Commissioner Suarez; second by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Carollo. 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), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE, AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. 15-00904ec Fact Sheet.pdf 15-00904ecAnalysis, Maps PZAB Reso.pdf 15-00904ec Application & Supporting Docs.pdf 15-00904ec Legislation (v2).pdf 15-00904ec Exhibit.pdf LOCATION: Approximately between NE 2nd Avenue and NE 4th Avenue and between NE 42nd Street and NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval on November 6, 2014, by a vote of 5 - O. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 30, 2015, by a vote of 7-0. PURPOSE: This will close, vacate, abandon, and discontinue for use the platted utility easement. City of Miami Page 78 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0423 Chair Gort: PZ 1. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.1 is a proposed easement closure. This is for an easement that is located between Northeast 2nd Avenue and Northeast 4th Avenue, and between Northeast 42nd Street and Northeast 43rd Street, in the Design District. This parcel was recently added to the Design District, and if you were to go to the site presently, you would basically see an improved surface parking lot. It's a utility easement, it's underground, and it serves no public purpose at this point in time. The closure of the easement will allow for the redevelopment of the site, pursuant to the desires and wishes of the Commission. It has been reviewed and recommended for approval by all the lower boards; and we, as well, recommend approval. Chair Gort: Thank you. Vice Chair Hardemon: Move to accept. Chair Gort: Been moved by -- Commissioner Suarez: Second. Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Suarez. Any discussion? Being none, close the public hearing. Barnaby Min (Deputy City Attorney): It's a resolution. Chair Gort: Resolution. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. PZ.2 RESOLUTION 15-01028ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING ELIMINATING PUBLIC ACCESS TO A PORTION OF BAYWALK WITHIN THE MIAMI BAY CLUB PROJECT TO BE LOCATED AT APPROXIMATELY 601 NORTHEAST 39 STREET, MIAMI, FLORIDA. 15-01028ww Fact Sheet.pdf 15-01028ww Analysis.pdf 15-01028ww Application & Supporting Docs.pdf 15-01028ww Legislation (v1).pdf 15-01028ww Exhibit.pdf 15-01028ww-Submittal-Iris Escarra-Support Letters.pdf LOCATION: 601 NE 39 Street, Miami, Florida [Commissioner Marc D. Sarnoff - District 2] City of Miami Page 79 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Bay Trust, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow the elimination of public access to a portion of baywalk within the Miami Bay Club project. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ2 was deferred to the October 8, 2015, Regular Commission Meeting. PZ.3 ORDINANCE Second Reading 15-006781u 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. 15-006781u SR Fact Sheet.pdf 15-00678Iu Analysis, Maps, Supporting Docs & PZAB Reso.pdf 15-006781u Legislation (v2).pdf 15-006781u Exhibit A.pdf 15-006781u-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.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 City of Miami Page 80 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 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: 15-00678zt2. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. 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 Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13560 Note for the Record: Please see Item PZ 6 for additional minutes referencing Item PZ.3. Vice Chair Hardemon: I would also move PZ.4, in accordance with the discussions that we had -- Barnaby Min (Deputy City Attorney): It should be PZ. 3, and would be the next item. Vice Chair Hardemon: PZ 3. Commissioner Suarez: Second. Mr. Min: I have amended the title, so I will attempt to read the amended title, based on today's discussion. Vice Chair Hardemon: And remember, it's -- this is the one -- to be clear, this is the one that will not be the Wynwood Neighborhood Revitalization District, but it will become the -- well, all of them will be, also, but it's the Neighborhood Revitalization District 1. Mr. Min: So PZ 3. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): And Mr. City Attorney, that's as amended; correct? Mr. Min: Yes, sir. Mr. Hannon: Roll call on item PZ 3. A roll call was taken, the result of which is stated above. City of Miami Page 81 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. PZ.4 ORDINANCE Second Reading 15-00678zt2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, NAMED THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "D2" INDUSTRIAL ZONE TO "D1" WORK PLACE; FROM "D2" INDUSTRIAL ZONE TO "T5-O" URBAN CENTER ZONE OPEN; FROM "D1" WORK PLACE TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T5-O" URBAN CENTER ZONE OPEN TO "T6-8-O" URBAN CORE ZONE OPEN; FROM "D1" WORK PLACE TO "T6-8-O" URBAN CORE ZONE OPEN; FROM "T4-L" GENERAL URBAN ZONE LIMITED TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T4-L" GENERAL URBAN ZONE LIMITED TO "Cl" CIVIC INSTITUTION ZONE; FROM "T5-L" URBAN CENTER ZONE LIMITED TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T5-L" URBAN CENTER ZONE LIMITED TO "T6-8-O" URBAN CORE ZONE OPEN, FOR 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 NORTHWEST29TH STREET ON THE NORTH, NORTHWEST 20TH STREET ON THE SOUTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST20TH 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; FURTHER AMENDING THE MIAMI 21 CODE BY ADDING "APPENDIX J: WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-1)", CONTAINING THE REGULATIONS SET FORTH THEREIN, ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00678zt2 SR Fact Sheet.pdf 15-00678zt2Analysis, Maps & PZAB Reso.pdf 15-00678zt2 Legislation (v3).pdf 15-00678zt2 Exhibit A.pdf 15-00678zt2 Exhibit B.pdf 15-00678zt2-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.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] City of Miami Page 82 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 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: 15-006781u. 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 Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13561 Note for the Record: Please see Item PZ 6 for additional minutes referencing Item PZ.4. Barnaby Min (Deputy City Attorney): The next one will be PZ 4. Vice Chair Hardemon: And I move that in the same spirit and conditions as the other items. Commissioner Suarez: Second. Vice Chair Hardemon: I'm not sure if that one requires the amendment, but -- Mr. Min: Yes, and I have an amended title. Vice Chair Hardemon: -- amended title. Mr. Min: Correct, and I will carefully and slowly read this in the record, in case there's any mistakes. Was there a second? Commissioner Suarez: Yes. Chair Gort: Suarez second it. Mr. Min: PZ4. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: The exhibits will also be amended to be consistent with today's discussion. 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, as amended, 5-0. PZ.5 ORDINANCE Second Reading 15-00678zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF City of Miami Page 83 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 MIAMI, FLORIDA, BY 1)AMENDINGARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD AND MODIFY TERMS; AND 2) AMENDING ARTICLE 3, SECTION 3.3.6, ENTITLED "ESTABLISHED SETBACK AREAS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00678zt SR Fact Sheet.pdf 15-00678zt PZAB Reso.pdf 15-00678zt Legislation (v2).pdf 15-00678zt-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.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 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 Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13562 Note for the Record: Please see Item PZ.6 for additional minutes referencing Item PZ.5. Barnaby Min (Deputy City Attorney): The next item would be PZ 5. Vice Chair Hardemon: I would like to move PZ (Planning & Zoning) item -- PZ 5 with the same consideration; second, as made in PZ.6. Commissioner Suarez: Second. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: And for clarification, there should be no amendment on this item. Todd B. Hannon (City Clerk): Thank you, Mr. City Attorney. Roll call on item PZ. 5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. PZ.6 ORDINANCE Second Reading 15-00678zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF City of Miami Page 84 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 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. 15-00678zt1 SR Fact Sheet.pdf 15-00678zt1 PZAB Reso.pdf 15-00678zt1 Legislation (v2).pdf 15-00678zt1-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.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 Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13563 Mr. Garcia: (INAUDIBLE) and that happens to be a waterfront waiver for the Miami Bay Club at 601 Northeast 39th Street. Item PZ 7, which is a proposal for a rezoning at 140 to 132 Northeast Miami Place, and one -- I'm sorry; I'll say that again -- 1432 Northeast Miami Place, 1415 to 1445 Northeast Miami Court, and 4755 and 67 Northeast 14 th Street. That is a rezoning for those properties. That too will most likely be continued today. We will propose that it be continued today. Vice Chair Hardemon: Okay. Francisco. Mr. Garcia: Sir. Vice Chair Hardemon: Can you say again what item that last one was that you want to continue? Mr. Garcia: Certainly, sir. I am referring to item PZ. 7, and item PZ 7 is a rezoning for properties at 140, 132 Northeast Miami Place, 1415 to 1445 Northeast Miami Court, and 4757 and 67 Northeast 14 Street. Also, items PZ 10 and PZ 11, which are a land use and zoning change proposal for properties at 3101, 3111, 3125, 3131, and 3145 West Flagler Street, those two items, the land use and zoning change for those properties will also be proposed to be continued, and I believe that completes the list. Chair Gort: Thank you. Okay, we have quorum. The first item, Vice Chairman Hardemon, we're going to listen to is all (UNINTELLIGIBLE), which are P. 6 -- PZ 6, PZ 5, PZ. 3, PZ. 4, SR.4, SR.5, SR.6, and SR.7. We're going to open the public hearing for those items. Vice Chair Hardemon: Mr. Chairman. City of Miami Page 85 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yes, sir. Vice Chair Hardemon: I particularly -- before we open up the public floor for hearing on these items, is -- there's some confusion in the air. All right. And so I want to able to help explain a lot of the items that are on the agenda so that everyone here, especially from the Overtown area -- and it's good to see my Overtown residents here, so welcome. Welcome, welcome, welcome, all right. Thank you for coming. Many times there are situations where we need residents here to express things that are not being heard from -- well, heard from others -- other Commissioners when your Commissioner is asking for something, or we need just the strength behind the community to get us there, to take us the extra step to make sure that what we need for our community is done. And many times we come because we don't understand what's going on at that time and we need better clarification, and I believe today is one of those better clarification days, because you should understand exactly what it is that you're here about. I was showing one of yours and ours -- we call them the Overtown ambassadors -- I was showing him this agenda book, and so in this agenda book, you have -- we're on items SR.4, 5, 6, and 7, and then also PZ items 3, 4, 5, and 6. And so my first question is, did anybody get a copy? Unidentified Speakers: No. Vice Chair Hardemon: Okay. So you didn't get a copy of items -- and I still -- there was one person that raised his hand, and that's the pastor. Bishop Adams raised his hands, so he might have received -- or you -- I know you always have your stuff, so -- Renita Holmes: No, but I have my affidavits. They had difficulty getting copies. Vice Chair Hardemon: Understood So, what I'm saying to you is this. There's two types of things that happen: You have, one, an agenda packet, and your agenda packet is going to have evetything that is basically on the agenda for that clay. So I'll show you what an agenda packet looks like. You see this thickness? Yeah, that's what -- (UNINTELLIGIBLE) that's what you're holding. That's an agenda packet. Unidentified Speaker: We were told that they didn't have enough copies to make it available. Vice Chair Hardemon: They're available on -- here they are; they're available on the Internet. You can see them online. You can pull it up. I usually have it on my IPad because I can't carry this book with me everywhere I go, so I keep it on there. But this is an agenda packet. But what's in the agenda packet are summaries, vety, vety brief summaries of what is in the actual book, but you can imagine. This summarizes this, right? So if this summarizes this, you can imagine how much information you're not receiving or not knowing when you get this. That's the first thing. So the second thing is if you haven't read the big book and you haven't read the briefing, you're really at the whim of whoever told you to be here or whatever someone told you or what was in the air about the issues that are going on. And when you add the fact that in Overtown, we have so many things that have happened to us that have been negative, the fear that permeates through our community when there's a change happening that we think is affecting us is real. And what I don't like to happen is for our fear, one, to be taken advantage of and then two, I don't like for our fear to be used as a way of getting us to do things that, really, you wouldn't normally do if you understood evetything that's happening. So what I want to do -- so now that I've explained to you the packet, I want to explain to you -- typically, I want to explain to you the items that we're going to be talking about, and I ask -- I mean, this is going to take a little bit longer than what we normally take, and I ask my Commissioners to be patient with me, and I'm asking you to be patient for a reason. I'm asking you to be patient because there's two things can happen: We can open up the public hearing and everyone is going to speak on what they think they know or they know, or what they've been told to say, what the message is. Because, typically, when you have a group of people come together, you're organized, and organization is good, because you have a message to deliver, right? So I want City of Miami Page 86 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 you to listen to what the items are. You want to hear exactly what each item is from people -- how you were sworn to tell the truth, the whole truth, and nothing but the truth. You know why they do that to you? Do you know why they do that to you? In a court of law, do you know why they do that to you? So, if you lie, they could put you in jail. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Hardemon: That's my point, but it's okay. This is why you swear to tell the truth, because it means that whatever matter you're dealing with is of such importance that if you misstate the truth or if you're not honest, then someone's going to lose property rights, someone's going to lose their freedom; something is going to happen, and so you need to be held accountable for being dishonest in a place like this. That's why they ask you to do that. So it's not just because they put your hand up and said, I'm here, I'm present. "No, no, no. It's more than being present in the body. It's present in the mind, okay? So what I'm going to ask the Administration to do -- and then I'm here with you to help explain things -- is to explain each item so that you know exactly what it is that we're going to be voting on, and then you will know how it is that it affects Overtown. And part of the reason that -- I know there was a meeting -- I'm not sure if everyone here was in attendance. I was out of town at the time-- that I have set up and organize between the Overtown Oversight Board and the Wynwood BID (Business Improvement District), and I wanted -- and I still want for those two communities to be able to talk, because what I want you to see is that -- and I'm going to say this, so don't get mad at me over there, you guys -- District 5 is on its way to being the hottest district in the City of Miami, and the reason why is because people will leave from District 2, which is like downtown, they'll come to Overtown, they'll experience the pool hall that we've renovated -- that we're renovating; they will experience the Lyric Theater; they will experience the $1 million renovated Jackson Soul Food; they'll experience -- I'm sorry; not Jackson -- there's $1 million renovated People's Barbecue; they'll experience the new Jackson Soul Food bed and breakfast that's being renovated; they'll experience the new, of course, housing that we have going on, the night life that we'll have coming there when we have the supper club that's going to be on 2nd Avenue and 11 Street. And if you know 2nd Avenue and 11 th Street -- you know what it looks like, right? Imagine a supper club there where you could have cigars and music and food, and that's what it's going to be. The money is already guaranteed to you. You'll be able to experience many of these new buildings and developments right there in Overtown. And when people leave from Overtown, they can transition into Wynwood. And when they leave from Wynwood, they transition into the Design District, which, of course, has Louis Vuitton and all the things that we all wish and we can afford, I think (UNINTELLIGIBLE), you call them red bottoms, right? But all these things. And when you transition from the Design District, you go over to Little Haiti -- and the reason I'm telling you this is because there is no other district in the City of Miami where you can make those type of transitions and experience the differences in culture like that. But in order for that to work, each of those communities have to be open to talk with each other and to work things out so that we all experience the boom, and Overtown is developing quickly now to become one of those communities. So when people -- when more people come, like they are in Wynwood, they'll transition their way to Overtown. If you own a business in Overtown, you want the type of traffic that they have in the Wynwood area; you want the traffic to come, and spend money in your businesses. You might not want people on your streets. You might not want people in front of your home, and that's different. But we're talking about the actual retail development, commercial development of certain areas, and how it is that we make Overtown a sustainable community for people to live, work and play in; not a place where people have to be afraid to walk to 11th Street and 2ndAvenue. So what I'm going to ask is for -- starting with SR.4, I would like the Administration to explain what SR.4 is. Once they explain what SR.4 is, then if we need any further comment, we'll make that; and then SR.5, SR. 6, SR. 7, and then explain how those items on the SRs (Second Readings) affect the community of Overtown. Can we do that, please? Thank you. Mr. Garcia: Happy to do so, sir. Would you like me to do that as part of the presentation City of Miami Page 87 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 proper? In other words, should I commence with the items, or would you like that to be a prelude to --? Vice Chair Hardemon: A prelude, please. Mr. Garcia: A prelude; happy to do so. Vice Chair Hardemon: Well, what do you think, Mr. Chairman? Mr. Garcia: Well, if you like, I can introduce the item, and then we can -- I can begin with what you've prompted me to do, which is to explain the nature of each of the items. Chair Gort: Be a lot easier if you go through with the items, and then they can answer questions. Vice Chair Hardemon: Okay. All right, do the prelude first. Mr. Garcia: Very well. So, proposed for consideration by the Commission today on second reading are a number of ordinances, and what I would like to do first then is to go over each of the items. I would like, first, to say -- and this is ministerial, but important to mention, I am being told -- that ultimately, for the Commission to take action, action by the Commission would have to be taken in the following order, and I'll say it once now and once when the Commission is ready to take action. The order is, first, item PZ. 6 would be considered, then item PZ 5 -- and 171 explain in a moment each of those items, of course -- then item PZ 3, then item PZ 4; then items SR.4, SR.5, SR. 6, and SR. 7. I'll read it once quickly: PZ. 6, PZ. 5, PZ 3, PZ 4, SR.4, SR.5, SR.6, SR.7, and now 171 explain each of the items. The action before the Commission today involves two concepts which complement one another but are not the same, and so that it is the first thing that I want to make clear. You will hear a conversation about the Wynwood NRD. NRD'.4ands for Neighborhood Revitalization District. And you will also hear about the Wynwood BID. The BIM'tands for Business Improvement District. They are, again, companion concepts, but they are not the same, and I'll describe each separately in a moment. First, to go over the Planning & Zoning items. Item PZ 3 -- Vice Chair Hardemon: Can we do the other items first, because they may be easier to understand the SRs first? Mr. Garcia: Sure; happy to do that. And so the SR items, the second readings items -- that's what SR'.�tands for -- are amendments to the City Code, and they are for the following purposes. SR.4 is a proposal to establish a Wynwood Design Review Committee, and the purpose of that committee would be to review the projects proposed for development in the Wynwood area to ensure that they are in keeping with the character, with the scale, with the appearance of Wynwood as intended by the master plan, as projected by the master plan. So it shows as another set of eyes, so to speak, to really go over those applications and make sure that they do the right thing for the area, and we find that it is best to have individuals from the community review these items to make sure that we get it right. We in downtown and the City Administration building may not be as familiar with the nuances and the details of the area as the area stakeholders or individuals are, and so we benefit that -- from that extra review process. So SR.4 establishes the Wynwood Design Review Committee, and I'll mention it again when the item comes up as the Wynwood Design Review Committee item. Vice Chair Hardemon: So, for instance, if you live in Wynwood or you're a business owner in Wynwood -- Wynwood, as we all know, used to be in -- well, it is -- for the most part, industrial, so you had a lot of warehouses there. And there were a type of buildings and facades or the outside, the way the building looks. There was a design look and flair to that community. And so because Wynwood is changing, is being built upon, they're adding new buildings, they're City of Miami Page 88 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 adding new residential places and commercial properties, they want the look of Wynwood to remain the way that it used to, and so, what they want to do is they want to take a few of the people that are from that area or own property in that area and create a committee so that when people come in that want to build buildings, that committee can say, !think you should do it this way, because this is how our buildings used to look, and we want everything to look compatible in this area, ', o they give advice to a board who, in turn, will give the advice to the City about what buildings are being built and how those buildings will look. That's what that first one is about. And my next question is does SR.4 affect Overtown? Mr. Garcia: It does not, sir. Vice Chair Hardemon: Okay. Mr. Garcia: SR.5 is another amendment to the City Code, and this one sets forth regulations. It puts in place regulations to address security screens and shutters. So right now, citywide, it is an option, it is a possibility to place on any commercial frontage a completely opaque or obscure protection device, shutter -- Vice Chair Hardemon: What do you mean by that? Mr. Garcia: And so the item most frequently seen has to do with hurricane protection, right, or security protection. So at the end of the day, a shutter is rolled down, and it is basically opaque; you can't see through it. And what happens then is if you place one of those items after another after another all the way down a street, then an image emerges of there being an unsafe environment. There is no one inside those buildings looking out to make sure that the people on the street are safe, and there is no way for the people on the street to look into the buildings to see what is in there, so it creates an atmosphere of uncertainty. What we are proposing through this ordinance in SR.5 is to put in place criteria, to put in place regulations that say that all of those shutters or screens have to be, to a great extent, transparent. They can still exist. They can still provide security for the businesses, for the buildings, but they have to be transparent to allow for those on the street to see in and those in the building to see out. In that way, you create a better ambience. Vice Chair Hardemon: You understand, right? I think that was pretty clear. Does that affect Overtown? Mr. Garcia: It does not, sir, at present. And I meant to mention as well that this is already in place in some other districts in the City, but that is not the case presently for Overtown, no, sir. Vice Chair Hardemon: Let's move on. Mr. Garcia: Thank you. Item SR. 6, also an amendment to the City Code, and this creates a Wynwood Parking Trust Fund. What is intended by this item is to allow more flexibility for parking arrangements for those developments in the buildings in Wynwood, and what is proposed is that parking not necessarily be provided on a property -by -property basis, so any development that happens on one property does not have to provide the full amount of parking onsite. Instead, it is intended to treat Wynwood, the area that we're going to be speaking about today, as a shared parking district, and it would allow for individuals to pay in lieu of providing parking onsite. The idea is that by creating a parking improvement trust fund, then there will be funds to build some parking garages -- to subsidize the building of some parking garages; and instead of having a little bit of parking on each given property, you can have parking garages that take all the parking, and then you turn those drivers or passengers into pedestrians that can walk up and down all the businesses and all establishments in the Wynwood area, and that creates a more pedestrian -friendly environment. City of Miami Page 89 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: So there are parking trust funds in the Design District. As you know, there's parking concerns in the Design District and also in Coconut Grove. Those parking improvement trust fitnds basically -- so, as Francisco explained to you, each building -- each new building that you build requires a certain number of parking spaces, and sometimes it's cost -prohibitive, it cost too much to build the parking in that one building. And so by creating a trust fund, instead of having to build the parking in that building, you pay into a fund, and that fund is supposed to create parking solutions for the entire community. So you're adding more parking to that area by creating a pot of money to be spent for everyone to have a general parking areas -- to have general parking areas. Instead of as Francisco explained, three here, four there, five here, you have one building that has a certain amount of parking. Does that affect Overtown? Mr. Garcia: It does not, sir. Vice Chair Hardemon: Okay. And the great Arthur Teele, who talked about Overtown and its need for parking, especially on 3rd Avenue, and in -- once he said that the reason that we don't have a lot of business pedestrian traffic within the business district is because they don't have anywhere to park. People feel unsafe parking on 11th Street and 2ndAvenue and walking over to House of Wings on 3rd Avenue. They didn't feel safe. So we are also within the CRA (Community Redevelopment Agency) -- and this is a side note, but on the CRA, looking into creating more parking, because, of course, with the Lyric Theater coming, with all the new buildings that's coming and all the entertainment that we want to have, we want people to have places that they can park. So we will be doing something similar, most likely in the future, of creating something -- parking solutions for the people that live and visit Overtown. But as far as this item, it has nothing to do with Overtown. SR.7. Mr. Garcia: Thank you, sir. Item SR.7 is another amendment to the City Code, and in this item, a Wjmwood Public Benefits Trust is established. And the way that would work is as follows. There is established in this ordinance, and in other ordinances that are part of this package, a development capacity that is, by right -- meaning, a property owner is entitled to develop that much amount of building, let's say, on their property -- but beyond that, there is an additional amount of building that could be developed That additional amount would not be as of right. It would require a contribution to a trust fund, a public benefits trust fitnd And the purpose of establishing the trust fund is to say, whatever developers in Wynwood choose to participate in the trust fund -- pay monies into the trust fund or provide benefits into the trust fitnd, it is desired that, once again, the individuals in the area, the property owners in the area, the stakeholders in the area have a say as to how those monies or how those contributions will be spent and what use will be made with them. Once again, it is an effort to take those funds, perhaps, from direct City control and be able to influence and inform the expenditure of those funds, and that influence and those decisions will be made by local folks, people who are property owners and stakeholders within the area. Vice Chair Hardemon: Now, raise your hand if you heard about this one. Okay, we got a few. Now, this one, I believe, affects Overtown. This one, I believe, is not good. It's what I believe, right. And the reason I believe that is this: So public benefits trust fitnds -- there was a time when there was just the Affordable Housing Trust Fund. And so, when people were making -- when they were building certain buildings, say, on Brickell, and they wanted to add a few more floors or add more density, they would pay into a trust fund. And when you pay into that trust fund it would give you certain benefits, and those benefits were to build larger, but the trust fitnd that you were paying into were trust fitnds that would allow you to provide, say, for instance, more affordable housing; or, if you look today, we have -- you could pay -- one of the things that I led was adding areas that are CDBG (Community Development Block Grant) -eligible. So, for instance, a park like Williams Park or a park like Gibson Park or Charles Hadley Park or the soccer park in Little Haiti, those types of parks need dollars. It cost money to maintain those parks. And so, if you paid into a trust fund that had -- that was meant to create or to invest City of Miami Page 90 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 dollars in parks in those types of areas, you would be able to get more versus if you paid into a trust fund that built a park right next to your building. It is a way toying to attract dollars into poor areas. Because what happens is this: Say -- I'm going to give you an example. If I'm building a building on Brickell -- if you've gone next to these nice buildings, you see these odd -looking green spaces. It may have stones or little seating area, had lights on it, and you wonder, Well, what is that? "Well, it's a park. And so, they pay -- the developer will pay money into the trust fund and that park that he's developing allows him to do more to his building, right, add more development. But the thing about it is that that park, of course, complements his building. And so the question is, if you give money to that small park, you're not giving money to affordable housing. So because of certain incentives like that and others, the Affordable Housing Trust fund is dwindling and probably has dwindled. I mean, do you know, Dr. Christian, if there's a lot of money left in the Affordable Housing Trust Fund? Is there a lot of money left in the Affordable Housing Trust Fund? Listen, listen, I'm making good points; listen to me. And I'm saying this -- the reason that there's no money there is because developers have other options. So to me, when I read this, this thing does two things: One, it diverts money that would go typically to a trust fund that you could do for affordable housing, or whatever else they want to put it into. And two, it does something that no other trust fund has done before: It allows the people in an area where the develop -- where the trust fund is meant to benefit to decide how that money is spent. And so the reason I say it affects you is because now, for instance, if the City was going to decide how to use funds that would typically be paid into the Affordable Housing Trust Fund, we would say, Well, let's put it in Allapattah; they need some affordable housing." Right? Let's put it in Little Haiti; they need some affordable housing. "So we lose the ability to do that because we don't get the funds; it's going back into that area. And so it's not directly that you say, Oh, it affects Overtown, 'but it's more -- it's indirect. So that's an item that I'm going to be asking my Commissioners to support me withdrawing from the table, because I don't believe that it is something that is needed to, one, redevelop that area -- it would help that -- it would help the Wynwood area, but it does so at the detriment of other areas, and that's what we do not want. Now, there is some other ways that we can make it mutually beneficial where they can have some benefits to the Wynwood area and also some benefits to the Affordable Housing Trust Fund, because we need more dollars there, and no one's picking that. And so we may explore that. And if you ask me, Well, Commissioner, what"-- Well, what type of-- {that does that look like?'That means that if one dollar comes into this area, to the Wynwood Neighborhood Revitalization District, or that trust fund, if it comes to that trust fund, then 50 cents of that must go into the Affordable Housing Trust Fund, so you're still reinvesting dollars into that area, but some of the dollars are also going into Affordable Housing Trust Fund. But then again, you still have to think about who's administering the dollars, and so we want to keep that control within the City. So there's a lot of problems, as you can see, with that item for me. So I'll answer that question for you. I believe -- it not just affects Overtown, but it affects all of our districts that have affordable housing needs. So we'll move on from that one. And can you go to the PZs, please? Mr. Garcia: Yes, sir. Vice Chair Hardemon: So now we've gone over the regular agenda items, what we call the second reading items. So these are the items that came on, you heard about, but you probably didn't understand the detail -- weren't told the details of them. So there's no cookie monster in those details or devil is -- besides SR.7, but, you know, that's what you have me here for, to fight that for you. Can you go into PZs? Mr. Garcia: Of course. Thank you, sir. I will now go to the Planning & Zoning items. These will be amendments either to the future land use map of the City of Miami or to the zoning ordinance of the City of Miami, and I'll tell you which each is. Item PZ 3 is a change to the Comprehensive Plan and the land use map of the City of Miami, and the purpose of that amendment proposal is to change what is presently mostly an industrial, light industrial land use designation within the Wynwood area to a mixed use so you can have commercial, you can have City of Miami Page 91 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 office, you can have residential as well, so more of a mixed use type of development. And the land use component of the Comprehensive Plan basically is the document through which the State of Florida coordinates and regulates our ability to develop in the City ofMiami. So PZ3 is an amendment to the Comprehensive Plan to allow the land in Wynwood, in the area that we're talking about, to go from light industrial to mixed use commercial/residential office. Vice Chair Hardemon: So, as we can understand I want you to understand that that is affecting the Wynwood area so that they can change the way that Wynwood looks, so for instance, now, if you go through the Wynwood area and not the part that -- well, the individual homes where -- which is east of -- what avenue would that be, 2nd Avenue? I believe 2nd Court or 2nd Avenue, whatever that main vain is through Wynwood. If you look east of that, you see some commercial, but north of 24th Street or so, you see houses, and you have some public housing there as well. But west of it, you see more of the commercial areas. So they want to redesign that, reconfigure that so that you can have mixed use things going on. So if you wanted to live in that area, you can build a living unit, like they have built already in the Wynwood area. I can't afford to live there, but maybe in the future, they'll build something that all of us can afford to live there also. But it just gives you the ability to do that. In order to do that, you have to have the zoning changed to allow for those types of buildings to be built. And so, does that affect Overtown? Mr. Garcia: It does not, sir. Vice Chair Hardemon: Okay. Can you go to the next one? Mr. Garcia: Certainly. Item PZ.4 is an amendment to the zoning ordinance of the City of Miami, and I will describe PZs.4 and -- no. Actually, let me do this. PZ.4, on its own, is an amendment to the zoning ordinance, and the proposed change here is to the zoning atlas to establish the local -- the City of Miami's zoning designation with the land use regulations, the development regulations for the Wynwood area, and this is the one that establishes what we are calling the Neighborhood Revitalization District. So, basically, all the rules and regulations that will drive and give shape to the redevelopment of Wynwood are contained in this particular item. Vice Chair Hardemon: Can you make that so I can understand it, please? Can you make that so I can understand it? Mr. Garcia: Yes. I'll certainly tty, sir. I'll try to be clear about it. Right now the regulations that apply to Wynwood, that tell a property owner what they can do on their property are basically geared toward having industrial uses, because historically, Wynwood -- this area in Wynwood has been mostly industrial. So we are going to change those regulations so that buildings can be built that are more along the lines of commercial, office, and residential. Those regulations, those rules that have to be followed by developers from this point forward are contained in this particular item. Vice Chair Hardemon: Does it affect Overtown? Mr. Garcia: No, it does not, sir. Vice Chair Hardemon: Okay. Renita Holmes: In a positive and a negative way. Vice Chair Hardemon: Moving on to 5 and 6. Mr. Garcia: Yes, sir. And then items 5 and 6 are the text amendments to do two things: To define what the Neighborhood Revitalization District is and what rules and regulations accompany that, and item PZ.6 basically introduces some new concepts, and I'll give you a City ofMiami Page 92 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 couple of examples. For instance, right now there are no provisions in our zoning ordinance, in our regulations for rooftop terraces as public open spaces. This introduces that concept. There are no descriptions or provisions for micro units, and these regulations introduce those concepts. So, basically, we're introducing a new set of uses, a new set of functions, a new set of development types that do not exist presently so that they can actually be made use of here in Wjmwood. And we think, frankly, that in some of these new concepts, we are admittedly treading on new ground, but we think that there is the seed for very useful new development types for the rest of the City of Miami as well, and this is a good testing ground for it. It certainly has the support of the local community in terms of the Wynwood stakeholders, and we look forward to possibly applying them elsewhere in the City of Miami in the future. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I mean, further indulge me for a moment. There was one other item that was being heard, and this was the expansion of the BID, or the Business Improvement District, which is your imaginary line of businesses that want to pay into a pot to provide more police services, police officers, like security, off -duty police officers, cleaning the streets, and things like that. So, in the Wynwood area, the reason that you see some more police officers in that area is because they pay off -duty police officers to be there so that the patrons feel safe, et cetera. The City does not pay for that; the BID does, which is a group of people, business owners that choose to pay that tax to provide these additional services. The last time that we were here in the Commission, there was an item about expanding that BID, because some other businesses wanted to be a part of that; and the Wynwood, in their BID, they decided that, well, they wanted -- well, some other businesses that were on the south end of 20th Street -- so, on the south side of 20th Street said, Well, we want to be a part of it also. "It makes no sense for across the street to be clean and on this side it's not, or for across the street to have services and on this side, none. And so to do that, they had to go to a vote, and businesses within that area has to decide whether or not they want to be in -- a certain percentage of them. They did go to vote, and that vote failed. So the BID, and its boundaries as it has been, is how it will be in the future. So that's the next part. And so that's when you traditionally start to hear about the 20th Street and how 20th Street affects everything. One thing, though, that I want to make sure that we're clear about -- and I want Francisco's attention on this -- is in items 3 and 4 -- you know, all of -- those who have been around for a long time know the history of Overtown, and sometimes we disagree about where Overtown on the north end ended, right? Was it 20th Street? Was it 22nd Street? Was it 26th Street? These things we have never necessarily agreed on. But one thing that I think most of the people from Overtown agreed on was that -- I believe on the north side of Overtown -- Francisco, (UNINTELLIGIBLE) this? Well, James, you grew up in Overtown. What is it, 22nd Street? James McQueen: Twenty -Second. Vice Chair Hardemon: Twenty -Second Street. And so you're talking from the expressway, I-95, and you're going east on 22nd Street, where they used to have the barrier that divided Overtown and Wynwood that is now gone. And then on the east side to -- Mr. McQueen: Second Avenue. Vice Chair Hardemon: Help me out -- 2nd Avenue, and then they came further south to 20th Street. Unidentified Speaker: From 20th to the railroad tracks. Vice Chair Hardemon: And then from 20th to the railroad track. That was a traditional City of Miami Page 93 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Wynwood area. Now, in the proposed zoning change where we already discussed that some things are going from industrial to commercial and mixed use, et cetera, is it not -- and I just want to check -- that that zoning change will touch from 22nd down to 20th Street? Mr. Garcia: Yes, sir. And what I think might be useful -- and I certainly have it on standby whenever you're ready to see it, if you care to see it, is I think a couple of images that may help make that point. Vice Chair Hardemon: And we'll show this image to you. It basically looks like this. Mr. Garcia: Right. Vice Chair Hardemon: We'll show this to you on the television so you can see it, at some point. Mr. Garcia: Right. And so, if the audiovisual office can activate it, I think you'll see it on the screen in a moment. It's certainly showing on my screen. Vice Chair Hardemon: That's not Overtown. Mr. Garcia: That's -- Vice Chair Hardemon: Our streetscapes are not that wide. We have the buildings, but the streetscapes just aren't that wide. I don't see any parking -- doesn't look pedestrian friendly either. Mr. Garcia: If I could ask for someone's assistance. It's certainly on my screen. I must relate that it is protecting (UNINTELLIGIBLE). Vice Chair Hardemon: Whose laptop is that? That's someone's laptop. Mr. Garcia: Right, so it's -- Vice Chair Hardemon: That's someone else's laptop. Mr. Garcia: If you would kindly project on the screen, what is on my screen, then you will see it. Vice Chair Hardemon: Give us a second. I know IT (Information Technology) is listening to us, but -- Commissioner Suarez: That looks like over Madrid Vice Chair Hardemon: I don't know. You're well -traveled; what is that? Commissioner Suarez: Over Madrid. Madrid. Commissioner Carollo: Madrid. Vice Chair Hardemon: Over Madrid. Commissioner Suarez: Yeah. Vice Chair Hardemon: It's in Madrid; Madrid in Spain. Chair Gort: Spain. City of Miami Page 94 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Spain. Vice Chair Hardemon: Haven't made it to Spain yet. I had Spam, right. You fry -- you cut it real thin, you fry it on the top of the pan, or you cut it up, put in some eggs -- Unidentified Speaker: Spam is good. Vice Chair Hardemon: -- put cheese on it; make lettuce, tomato, and Spam burger. Chair Gort: Made a great sandwich. Vice Chair Hardemon: It made a great sandwich. Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: Yes. If you didn't have Spam growing up -- I don't know -- you either not telling the truth or just didn't have a happy childhood and there's a website that's dedicated -- believe me now, there's a web site dedicated to Spam, and you can see all the different Spam menus. So right now, if you're still eating Spam, like many people do, go to this web site. Just Google .$pam recipes'and you'll see hundreds of recipes on Spam, so just don't eat it one way. You don't eat just mustard on it; you can do some other stuff with it. Chair Gort: Is that it? Vice Chair Hardemon: Okay, help, please. Mr. Garcia: If I may, what I'd like to point out is -- and I think you were making reference to this, Commissioner -- that this is the area -- and I'll tell you -- I'll give you the bearings of course. In fact, why don'tI do that now? This -- and I hope you can see this. But this line going from north to south is 1-95, right? And then all the way on the east side is the EEC (Florida East Coast) tracks, the railroad tracks, diagonally, from north to south there. And then you will see that this line on the south end happens to coincide with 20th Street, right? And as you can see, there are some parcels that go south off 20th Street, as presently proposed, all the way on the eastern side of it -- thank you, Commissioner -- and on the northern end you will see that that is 29th Street all the way along here, and there are properties on both sides of 29th Street, but all of them fronting on 29th Street. Now, the distinction I wanted to make is that this is the area that is being proposed for the land use change and for the zoning change. This is not the area that is being proposed for the expansion of the Wynwood BID. That image would be the one I will show you in a moment. Vice Chair Hardemon: Doesn't show on TV. Mr. Garcia: And as you can see, that is a different image, which has -- the blue line happens to be the Wynwood boundaty, as originally proposed, and I believe there have been some amendments too; I apologize. The blue boundaty happens to be the Southeast Overtown/Park West CRA boundaty. You see it there. And basically, it -- on the north end is along 22nd Street, as described and then it goes south along Northwest 1st Place and it dips down southbound. And I believe, Commissioner, that there are representatives here of the Wynwood BID who are willing to present to you -- because this is work in progress, as you know -- but the revised proposed boundaries for the Wynwood BID are: The red line that you see there was, at one point in time, the proposal. I believe that is no longer the case, and that's a conversation we can have as well. Vice Chair Hardemon: So, to put this in laymen's terms -- I think -- was it Dunbar? Dunbar is included -- Dunbar -- if you look at the map the way it's presented, Dunbar is within that red City of Miami Page 95 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 line, so people, if you see it, you say, Well, wait a minute. You're getting rid of Dunbar. They're getting rid of Dunbar. "That's what any normal person would believe, and they would be mistaken, so it's just not true. Dunbar is not going anywhere. And so, understanding that people felt that way, understanding that people, deservedly so, are mistrusting of certain elements of the private industry and sometimes government, understanding that, we said, Well, what will make people understand that Dunbar is not in that picture; Dunbar is not going anywhere; that this is just the zoning, and Dunbar will still be the same? "And what we did was and what we're going to do, because we have not done it yet, is to amend the boundary so it looks the way that Francisco showed you the second time, where you see Dunbar is not even in it, so it's not up for debate. You know, automatically, that this is not a property that's going to be hurt by that line. Do we understand that? Is that clear? Is it clear? If it's not clear, say, it's not clear to me." Unidentified Speakers: It's not clear to me. Vice Chair Hardemon: Okay. Say again. Chair Gort: Not clear to them. Vice Chair Hardemon: I'm going to try my best, and it is -- sometimes it's just -- it's a challenge, because when you have to read this stuff, it's a challenge. So, basically, what we had before, that it -- the lines showed that there was a zoning change to a certain area. That area where it showed the zoning change wasn't necessarily changing the -- what was happening there, so Dunbar will still maintain itself as a school there. I can't -- the City of Miami has no authority to remove Dunbar. That's the school -- School Board, right? Dr. Dorothy Bendross Mindingall, my former principal, would whip me today ifI did that. After all, a lot of our schools in our community are going away, and it is not the City of Miami that's making this happen. So, for instance, my alma mater, Charles R. Drew Elementary School and Charles R. Drew Middle, it's not the same, is it? No. Edison Middle School, not the same, is it? Right. So what I'm saying to you is none of those things that were changed was affected by -- well, none of us in the City of Miami had anything to do with those changes, and today, we won't have anything to do with Dunbar, any changes in Dunbar. It's not a function of city government. It's the function of the School Board; a completely different meaning. And so to make you better understand that, instead of trying to tell you that, show it to you, and things of that nature, we said, Well, I think the best option would be to just change the line so that people can see that that line change that does not include -- so now it doesn't include Dunbar -- not having that line to include Dunbar means that you can clearly see that any of the zoning changes in that area will not affect the school. All I can do is -- I only live in the present. I can't live in the future, right? Listen, stop, stop, stop, stop. Now, we're not talking about contamination, we're not talking about (UNINTELLIGIBLE). We're talking about the boundaries of the BID, so let's not make this murky and not understandable. Let's stay on one issue, which is the issue that's before this Commission. Nothing can be changed unless that single issue comes before this Commission, and so right now, we're dealing with a single issue in front of this Commission. So we presented all these items, and what I'm going to ask to do -- the Chairman to do is to open up the floor for public hearing, now that you understand these things. At the public hearing, you can make comments and you can ask questions that you won't get answered immediately when you finish talking, but will be answered typically at the end of -- when everyone finishes so that everyone has an understanding -- the same understanding of what's going on. But I wanted to be clear with you so you understood exactly what it is that you were talking about. Now, I've been in position where I came somewhere thinking one thing and was told information that was different from what I thought, and being there, I said to -- I will have to rethink or re -- to look at the facts again and then come up with another conclusion or, perhaps, the same conclusion, but it would be irresponsible for me not to consider the new facts that I was given. So I say that to you to say this: Whatever we share with you today, if you didn't read the short agenda and you didn't read the big book, right, whatever was -- if you have something prepared for you, it can't be in there. It can't be in there. So I'm asking my people from Overtown to take those facts that you just City of Miami Page 96 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 learned, take the fact that your Commissioner is explaining these things to you, and that I'm always going to fight on your behalf even if I'm the losing vote -- and I've been that way many times -- and consider that when you give your opinions, which we want to hear, but moreover, think about it and apply it to your questions, because you, in your experience, may have better information sometimes than even I have, and that better information will be able -- what we will use to make better decisions here on the dais, okay? Thank you all very much. Mr. Chairman, please. Chair Gort: Thank you. We'll now open public hearing. Anyone in the public would like -- please, come forward. Vice Chair Hardemon: And to be clear, the public hearing -- Chair Gort: Two minutes. Vice Chair Hardemon: -- is on items PZ 3, 4, 5, and 6, and SR.4, 5, 6, and 7. Chair Gort: Dr. Dunn, you're recognized. Marvin Dunn: My name is Marvin Dunn. I came up here because I'm very concerned about what's happening with Overtown, and I'm not sure that the explanation that I heard today quite sets aside my concerns. Are you going to have 20th Street south -- the north end -- north side of 20th Street be a part of Wynwood? Is that what we're talking about? Chair Gort: No. Mr. Dunn: The north side of 20th Street remains Overtown? Chair Gort: Correct. Vice Chair Hardemon: Correct. Mr. Dunn: That's what -- all right. And what about in the area north of 20th Street, 22nd, 23rd, those houses up in that area, will those be in Wynwood or Overtown with this new proposal? Vice Chair Hardemon: Exactly what we just discussed? With that line north -- I think that line is 22nd -- north of 22nd, the zoning changes, but the dedication of it being Overtown and Wynwood does not change. The boundaries of Overtown do not change. Mr. Dunn: All right, then let me just say this: I think probably most of the people in this room know that, bit by bit, piece by piece, Overtown has been whittled down to almost nothing. And if this continues, there will not be enough space to even have an Overtown. Right now Overtown is threatened because it's so valuable as real estate -- Vice Chair Hardemon: Yes. Mr. Dunn: -- and the developers want to gobble it up, and we know that. Vice Chair Hardemon: Yes. Mr. Dunn: And we're very much concerned that whatever kind of language you have up here about the ordinances, not going to happen, we're concerned about what has happened in the past, what continues to happen. Overtown is disappearing. I just don't understand why this Commission is allowing some of these changes to threaten our community. Maybe I -- I just have a PhD (Philosophiae Doctor), so I don't understand this stuff. City of Miami Page 97 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: I don't understand the PhDs either. Mr. Dunn: All right. The main -- I'm very concerned about this. We've seen it before. A little bit for the Miami Arena, a little bit for this, and then Overtown is just gone. So I'm asking you -- you're a young man. I've been up here when Father Gibson was here -- Vice Chair Hardemon: Yes. Mr. Dunn: -- and Mrs. Range was here; these things would not have happened We would not have had to stand up and argue for Overtown being preserved, and not being gobbled up by greedy developers from Wjmwood. We know where the money is. It's in Wjmwood. Now, the old crouching down into Overtown is, sooner or later -- it's just going to be gone. We expect you to defend us, Commissioner. Vice Chair Hardemon: Absolutely, and I accept that responsibility, and I will always fight on the behalf of my Overtown community. Anybody who knows me, knows that. And I will say to you, the one thing -- and you know this -- about Commissioner Range, the one thing that she had that made her as powerful as she was was that she was an independent business owner. She owned land She owned property. And because she had the ability to pay her own bills, there was no one in the City or no one in the private industry that could take that away from her, so she could fight on the behalf of our people. And owning land is still essential to maintaining the properties in the Overtown area. So I say that to my Overtown residents to say this: If we own land in Overtown, keep it. The only way that someone takes the land that you own is if you sell it to them, besides, of course, 1-95, situation like that. And so what's going to happen is this: If you've been passed down property, like Ms. Stewart was, in the Overtown area, one day someone's going to come to you and say, f will give you $1 million for your property. "On an individual level is how Overtown is taken over, because individual property owners will sell their land to someone else, if that's land that we own. But also understanding this, know the history, know that Overtown wasn't -- all the land in the Overtown isn't owned by black folk. Mr. Dunn: That's the problem. Vice Chair Hardemon: Right. And so, if black folk own the property, because they're traditionally in that neighborhood, then other folk -- people can't tell you what to do with that property. And so, because you have a large rental population in Overtown, the best thing that we could do, which is what we're doing, Dr. Dunn, is build housing that's affordable where traditionally black and brown people can live to remain in that community, and that's why you see new affordable housing going up in Overtown, that's why you see the redevelopment of the Town Park, those communities, because we're putting money into the people that live there. So hold on to your property. Mr. Dunn: All right, I'll sit down in just a moment, but I just want to say, I think -- in our reflection about Mrs. Range, Mrs. Range was a fighter, I think, not because she owned property. I think she was born a fighter. And we just need to have some assurances from this Commission that we're not going to let yet another episode of Overtown being gobbled up for the development purposes. And I also just to say, we're watching this; and if y'all let that happen, history will treat you very, very, very unkindly. Commissioner Suarez: Mr. Chair. Applause. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. City of Miami Page 98 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Please. Thank you. Mr. Dunn, it's good to see you. It's always wonderful to see you. Good to see you. I think a lot of what Commissioner Hardemon is talking about is already happening in Coconut Grove, for example. If you look at Coconut Grove as an example, there's no NRD overlay in Coconut Grove, but I have friends that live there; some of them are selling, some of them are not, no matter how much they offer them. And some of them are passing it from one family member to another, from one generation to another. And I think, as the Commissioner said, that's really the critical component here to restoring and remaining faithful to our heritage. You see it in areas ofFlagami where -- you know, this City's becoming more multicultural. It's not just a Cuban, you know, city. It's not an American city. It's not an African -American city. It's becoming multicultural. And the areas that are sort of remaining a certain culture are the areas that are deciding not to sell, even -- no matter what the price is, and we're seeing that in the Grove. Darlene Jackson is a good example. Her son, P.J. went to Miami High or he went to Carver with my cousin, and they're -- I mean, I -- listen, you could offer Darlene a million and half dollars; she wouldn't sell for a tiny little wooden house, wood frame house, by the way. No matter what, she won't sell. And I think that's the right thing. And I think it's incumbent upon us -- Dr. Dunn, as you said, I think you're right, that we have a responsibility to make sure that we can help the Darlene Jacksons, whether they be from Coconut Grove or from Overtown, to try to find a way to preserve their property, to renew their property, potentially develop it again as a home, particularly -- you know, one of the things I've told her is -- you know, she lives in a wood frame house, and the floor of her house is actually falling apart. I mean, there are holes literally in the floor. And so when you think about a Category 5 hurricane like you remember in 1992 with Hurricane Andrew -- my son is named Andrew, but not after the hurricane; I promise you. -- you worry that families like that are in a very big danger when there's a huge, you know, 150, 160, 170 mile per hour hurricane. So I'm hopeful that what you're afraid of happening in Overtown doesn't happen either in Coconut Grove. We see it happening. It is happening, but it isn't -- as you said, it's incumbent upon property owners to say, You know, no matter what, we're not going to sell. "And it's incumbent upon the City to say, you know, we just had NSP dollars. I know -- I gave to Commissioner Sarnoff HOME (Home Investment Partnership Program) dollars for the Grove, and a big part of -- the objective is to try to make sure that there is homeownership in the Grove. The County just did the Thelma Gibson project. My father, as you know, just did the Thelma Gibson project. That's being completed there on Grand. So you're right, we do have an obligation to do everything that we can in our power to prevent our historic neighborhoods from dying out or from being bought out, and certainly, that threat is there area in Overtown, definitely. I mean, I don't think you can argue that it's not. I just think we have to work together. And I think, by the way, this NRD, which is obviously for Wynwood, we should have a similar concept in Overtown, and it should be driven by the neighbors, it should be driven by the residents so that they can protect their neighborhoods, and I'd love for you to be a part of that conversation, because I think that, you know, you -- listen, some of this stuff you need a PhD, but not a PhD in -- you need a PhD in this stuff, because let me tell you, I'm a real estate attorney, and sometimes I have a hard time fully comprehending all these things. So it's about having specific knowledge about this -- sort of these processes and really getting your, you know -- you know, picking up your sleeves and getting, you know, into this stuff. So I thank you so much for coming. It's always an honor when you're here. And I just wanted to use that example of Coconut Grove, because I think it's relevant to the discussion. Chair Gort: He should be nominated for the beauty -- for beautiful (UNINTELLIGIBLE) -- the new board he mentioned. Commissioner Suarez: The Beautification Committee? Chair Gort: Beautification Committee. He did a lot of work there. Commissioner Suarez: He did. City of Miami Page 99 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: (UNINTELLIGIBLE) Gibbs worked with him in that. Commissioner Suarez: His stuff with the Urban Gardens is pioneering, and hopefully, we'll have it back in Overtown. Chair Gort: Yes, ma'am, you're recognized. Enid Pinkney: Okay. You know, thank you, Commissioner Suarez -- Commissioner Suarez: Thank you. Mrs. Pinkney: -- because, evidently, I don't understand this. Because it's my interpretation that Wynwood -- it says -- when you was talking about location and when you see Wynwood here, I'm thinking that they want the boundaries of Wynwood changed up to 20th Street. And, see, that's how things get lost. Vice Chair Hardemon: Yes, ma'am. Ms. Pinkney: Now, I notice today -- I haven't heard Lemon City called at all. It's lost. That's how we get our communities lost. And Lemon City is older than the City of Miami. It started in 1850. But what's happening, all we hear is Little Haiti. "We don't hear a word -- nobody saying anything about Lemon City. We're losing our heritage and our history and our background of who we are. We don't know who we are. My cousin in Exuma said, Enid you don't know who you is. "And that's what's happening in the City of Miami. See, I went to Dunbar Elementary School back in the '30s, from first through sixth grade, and I'm -- that was during the days of segregation, so nobody but black people lived in that area during that time, and it went all the way back to 23rd Street. So I don't want any portion of Overtown called Wynwood. No portion of Overtown should be called Wynwood. Vice Chair Hardemon: Yes, ma'am. Ms. Pinkney: Is that clear? Vice Chair Hardemon: That's done. Ms. Pinkney: Overtown's boundaries need to continue to be what they were when I went to Dunbar. Vice Chair Hardemon: Yes, ma'am. Yes, ma'am. Chair Gort: I need name and address. Ms. Pinkney: Name, Enid Curtis Pinkney, 4990 Northwest 31 stAvenue. Chair Gort: Thank you, ma'am. Ms. Pinkney: And I don't want to have to come back down here for this. Chair Gort: Thank you. Yes, sir. Reginald Munnings: Ladies -- gentlemen -- ladies and gentlemen of the Commission -- well, not the Commission -- Renita Holmes: No, no. They were here since 12: 30. These people are going to get their kids. City of Miami Page 100 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 They were the first eight -- can she just speak, at least one mom speak in Overtown? Because I know they -- they got a van. They got to catch the bus back to get their kids. Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: (UNINTELLIGIBLE) this gentleman will -- Commissioner Suarez: Your name, Jackie. Jackie Bell: My name is Jackie Bell, 1600 Northwest 3rd Avenue. I know each one of you are tired of seeing me here, but, Commissioner, I heard you say that the reason that the Clerk asked us to raise our hand and tell the truth, because if we lie, we go to jail. Then most of you all up there need to go to jail. My (UNINTELLIGIBLE) -- Vice Chair Hardemon: But there's a different rule for that. It's the open -- Ms. Bell: My reasons for that is Commissioner Gort, Commissioner Carollo, Commissioner Suarez, all of you and your families have been involved with us for a very, very long time in Overtown. I hear you reading the resolution of how Wynwood and its community want to be developed according to its historical value. Well, if you read the resolutions that was passed by this board 1982, 1979, the creation of the CRA, you will find that none of what this board voted on for that community have taken place. When the Metrorail was wanting to come to this city, the white community said No. "The Overtown community said, Yes. "It's in the Miami Herald that the Overtown district said Yes. "We passed it. The promise to the black -owned property that we have lost, okay, for where the CRA is now, the first eight blocks, an UMTA (Urban Mass Transit Authority) grant was applied for, and they bought up the black property; and in those resolutions, 50 percent equity participation were to come back to that community. Please tell me if there's 50 percent black equity participation in that. It -- tell me that -- the historical nature of that community in those resolutions say that that was how it supposed to be rebuilt. Tell me if that is happening. My point is that we did not sell our land, okay; the land was taken from us black property owners for 1-95 and the Metrorail and urban removal. And so today, I agree with Wynwood, that they want their identity, and that identity started at Northwest 29th Street and went north to 36th Street, because that is where the Puerto Rican community settled when the industrial part of Overtown, which was where the factories came -- they came to the community and to this board -- Chair Gort: Ma'am. Ms. Bell: -- and they asked us -- I will -- they asked us if they could buy land and build, if they would employ us. They are the only people who have told the truth. Chair Gort: Thank you, ma'am. Ms. Bell: Everybody else have not told the truth. So, Commissioner, today, all I ask of you, who is a lovely young man, born and reared in my community -- I am so proud of you, because you -- Chair Gort: Ma'am, I need you to conclude. Ms. Bell: -- (UNINTELLIGIBLE). Chair Gort: We have other people who would like to speak. Chair Gort: So thank you. Commissioner Suarez: Mr. Chairman. City of Miami Page 101 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Ms. Bell: And listen and do what is right. Thank you. Commissioner Suarez: These families have been waiting since noon. If they can -- Chair Gort: I know. I understand. Ms. Holmes: Since you all -- before you all went to lunch, they've been waiting. Chair Gort: Come on in. Charlene Lafleur: I'm here as a single mom. Ms. Holmes: And we have to take public transportation back. Chair Gort: You have a -- Ms. Lafleur: Hello. My name is Charlene Lafleur. My address is1550 North Miami. I live at Chapman. I'm one of the mothers who staying in the shelter. We live with mold. We living in sickness. There's plenty of time we have come to you, and we went in every way which possible that we need help there. They're not helping with any housing, because I tried They won't give me housing, no matter how much I work, no matter how much I bust my butt. So I wanted to see if y'all going to give me the opportunity and my people the opportunity and weigh the opportunity and my family the opportunity to be able to get jobs in this community. Please, I'm all for myself; and everybody here, we're asking, just please help us out, because we are out here suffering. We need the help. Chair Gort: I need you to -- Ms. Lafleur: We really do. Chair Gort: Ma'am, I need your name. Ms. Lafleur: I said my name is Charlene Lafleur. Chair Gort: Thank you. Ms. Lafleur: And I live at the HAC (Homeless Assistance Center). I live in the shelter. I lost my job, laid off. So, just like I said I need help. Ms. Holmes: What about the land? Chair Gort: Thank you, ma'am. Next. Melaniece Vann: My name is Melaniece Vann, 1550 North Miami Avenue. Chair Gort: Speak into the mike, please. Ms. Vann: My name is Melaniece Vann, 1550 North Miami Avenue. Chair Gort: The HAC. Ms. Vann: I also live in the HAC with my two -- three -month -old son. There's contamination. There's mold mildew, bedbug problems, and I had to take my son to the hospital of bedbug bites because of that, and then I had not too long ago went to -- no jobs. They won't -- and plus, they City of Miami Page 102 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 won't give it to me, plus I had to quit my job from Broward because I couldn't afford to work where I was and because I was living with my grandma, and my grandma kick me out the house. And I also need jobs or housing so I could have roof over -- Huh? So I need public housing to put a roof over me and my three -month -old son head, so I really need the help right now, and I need the public benefits, and I don't got nowhere to buy my son Pampers, baby wipes, nor clothes. So will they have more apartment over there? So would y'all help us or not? Chair Gort: Thank you, ma'am. Vice Chair Hardemon: If you live -- if you were living in the HAC, which I believe most of the ladies that I met outside, you are, I want you to go and see Mr. Milton Vickers. Mr. Milton Vickers, raise your hand. See him sitting over there at the far end? And he'll be able to help you find housing, because I know at the HAC, they have a transition plan. Ms. Lafleur: Nothing. Vice Chair Hardemon: Hear me, hear me, hear me, hear me. I don't control the HAC. I'm directing you to someone that I know within the City authority who can help find housing and can help find employment. That's Mr. Milton Vickers. I want you to see Mr. Milton Vickers. Mr. Milton Vickers, raise your hand again. That man will be able to help you, okay? Reginald Charles Munnings: Okay. My name is Reginald Charles Munnings. I'm on the Overtown Advisory Board. I'm also a community person. I'm in -- I live in the community. I've been born and raised in the community. My concern for PZ.4 is that the boundaries should not -- our zoning should not be changed. I would like our zoning to remain as it is, and if changed to the point where we recover zoning that has been changed. My reason for this is that this is a historic community. I know we don't have property that we own, but for the historicity [sic] of the community and its length and what it has done to the City and what it means to the City, needs to be preserved. And I think that our zoning should be used for development or redevelopment for the community which it's in, and not for somebody else community to profit from. And so I will say that if the purpose for doing this is to beautify or betterfy [sic] another person's community or the City of Miami at large, let us not call it Wynwood if it encrouches [sic] into another zone; let's call it Overtown as it is and -- Chair Gort: Thank you, sir. Mr. Munnings: Thank you. Chair Gort: Yes, ma'am. Cecilia Stewart: Cecilia Stewart, the Overtown Advisory Board. My address is 1899 Northwest 1st Court. The Overtown Advisory Board resolution recommends a denial of the creation of the Wjmwood Business Revitalization District bound by 1-95 on the west, Northwest 29th Street on the north, including special parcels fronting Northwest 29th Street on the north, and Northwest 20th Street on the south, including specific parcels fronting Northwest 20th Street on the south and the Florida East Coal [sic] Railroad corridor on the east. And whereas the City of -- whereas the Overtown Community Oversight Board at its meeting on September 17, 2015, passed a resolution to restore the original boundaries for Overtown on the north by Northwest 25th Street; on the south by Northwest 4th Street; on the east by Florida East Coal [sic] Railroad; and on the west by Northwest 7th Avenue; and whereas, the OCOB (Overtown Community Oversight Board) recommends there be no signs on Northwest 20th Street identifying another district other than Overtown; and whereas, per the OCO -- per the Overtown Community Oversight Board City Code Section 2-1056 functions requires submission to the Overtown Advisory Board any information regarding activities, developments, and improvements, including but not limited to eminent domain, or substantially impacting the City of Miami Page 103 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 residents of the Overtown area be submitted to the Overtown Advisory Board prior to consideration of the City Commission. And now, therefore, be it resolved by the Overtown Community Oversight Board of the City of Miami that this resolution shall become effective immediately; signed by Chairman Irby McKnight. And I want to submit this to the City Clerk for public records. Chair Gort: Thank you, ma'am. Next. Ms. Holmes: I apologize, Commissioner, but when everyone took off running, these ladies was on their way here, and they have to be back at a certain time. They have been schooled, educated, and spoke. The first office we came is yours. Normally, when we have a meeting, a PZ meeting, African -American women and mothers, let alone, the Overtown Task Force, or any counsel, does not get PZ to come. If we have a meeting to inform and educate us about our severable use rights, which gives anybody that comes to the PZ Board something that we cannot afford, lawyers, and never have gotten (UNINTELLIGIBLE) to come here; we have no appeal. But they need to speak, because there're abut -- or encroached by those industrial chemical companies that have infiltrated us for over 30 years, and some of us here right now is sick. I don't let her speak to that. Second, when we go to meet on something, Commissioner, disparately, we are only given an attorney that tells us about something of the PZ Board that we never even knew at that time. This is historical and unfair. Scodis (phonetic) recently had a hearing, and the Supreme Court said, Any planning and zoning or development that occurs that disparately affects poor, primarily African -American communities lately, or any discrimination on housing, such as recently felt by the Fair Housing, then that is outlawed 'and this is outlawed It takes away the commercial properties. It's abutment to a contaminated school that's been there for 30 years that my mother, I, my sister, and my niece now have cancer, and we've been there. We all worked there; lived right next to it, so does those women in public housing, education and finance. I think it's unfair, and this is what separates us, those folks over there, these folks up in here, they got the lawyers, the planning and zoning, and we don't. To me, that's a unfair process. I believe, in closing, that if -- we don't have to be in such a hurry. We've been down for a long time with these lies and this lying. How about we just do this: Do the housing -- I mean, do the State 183, 190, 163, because a property in a plat that large requires State comprehensive planning, and we have not done it that way. And if not so, then I believe we need to see the Scodis (phonetic), too, because enough is enough, and cancer kills. And you don't have to kill this, but you can make it safe and healthy for those mothers. And one last question: Can we put in the shutters and screens even if it happen? Can we have more appropriate language? Can we get the truth about it? And where is the environmental impact, traffic impact, and all that there that's required by the State law? Do you have a copy? I'd like to read it, before I take my mommas back to that dirty land. Thank you. Chair Gort: Thank you, ma'am. I need for you to state your name. Ms. Holmes: My name is madam, and I am Madam Renita Holmes, goddaughter ofAthalie Range, who told me, Property rights before human rights just ain't right." Chair Gort: Thank you. Ms. Holmes: Located at 35 -- Chair Gort: Yes, go ahead 35 -- go ahead. Ms. Holmes: -- 350 Northwest 4th Street. My district is District 5 where we do things better, not just do things. Thank you. Chair Gort: All right, thank you. Next. Yes, sir. City of Miami Page 104 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Joshua Smith: I'm Joshua Smith. I stay at the HAC, 1515 -- 1500 North Miami Ave. I'm going to talk about the housing situation and how I've been treated by the Police Department, how I've been dragged out by the staff, how my little brothers and little sisters have to live in conditions that they shouldn't be living in, and I'm only 16. I'm not an adult yet. I'm not one of these big men. I'm a small man still, but I don't want my brothers to be roll -- to be raised up in a historical place that isn't overrun by the government and a safe environment for my little brothers to stay in. And I just don't understand why you guys couldn't give -- can't get housing to the little kids and not just for the big kids only. We just want to be safe. We don't want to be drug around by the police anymore. We're tired of hiding in the shadows. It's time to come to the light. We're not Dracula anymore; we're African -Americans. We ran and we born and we brought music and we built this land. It's no reason for y'all to take it away from us. Chair Gort: Thank you. Applause. Vice Chair Hardemon: You better stop. Ms. Holmes: (UNINTELLIGIBLE) youth. Vice Chair Hardemon: (UNINTELLIGIBLE), but -- Chair Gort: Yes, sir, you're recognized. Yes. Unidentified Speaker: No. I'm letting this lady go. Chair Gort: Oh. Ms. Holmes: Just one more mom, and we're out of here in the van, okay? One more mom, please? Chair Gort: Go ahead, state your name and address. Lashonda Ferguson: My name is Lashonda Ferguson. I was recently thrown out of the HAC -- 1550 North Miami Ave. The property is public Wynwood, not public Overtown. We have to keep our black community intact. We don't get public trust monies that's supposed to be used for affordable housing, let alone we can't afford the housing that's already there, but you want to tear down what we already have, and you want to have cigar clubs. Do we need to go smoke cigars? We need safe harbors. I'm a victim of domestic violence. I need safe havens for me and my children. Can Ms. Holmes have safe houses over there for us? Can we build up a center for WAVE (Women Against Violent Epidemia) and jobs for our black people, for everyone, for the mothers? All we get is 426 a month in cash assistance, but we don't -- not allowed to have a job that pays good money. And what about the poison in the parks, the contamination in the warehouses? What about the HAC, the mold and the mildew, how they dragged my son out because we told the truth, because we went to the Commission? My daughter was hospitalized for over a week. Her eyes were glued shut. Mold on the kids' feet. They had hand foot, and mouth disease, but we can't even go in the park to have the kids play because it's contaminated adjusting to Overtown. I stand up to cross out this Wynwood. We need to keep Overtown; and in fact, we need to build more businesses that are going to help Overtown. Chair Gort: Thank you. Thank you, ma'am. Ms. Holmes: Thank you, mom. One more mom, one more mom. Guirlande Pierre: I'm Guirlande Pierre. I'm from Little Haiti. I'm having a problem with the City of Miami Page 105 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Police Department. I was raised here. And then a lot of things, I know what to do and I know what not to do. And if I am -- and I understand you have to, you know, follow the law, but I -- if I'm doing it, why the law not doing it by me? And I'm having a problem with that, because I'm try -- I'm learning at the same time, and the problem I'm having, they went and kick me out of my house illegally. I've been -- I was raised in that house. My mom just passed three years ago, and I -- we were still living in the house, and I don't think it's fair for them to just throw us out without no housing no nothing for you to do, no nothing. No affordable housing, no nothing. They just throw you out the street with no paper from the law or nothing. I don't understand how you could be showing and doing the right thing by the law when the law -- anything you do wrong, they going to lock you in, and then the law not doing the right thing by you. I just want to have the person -- the right person that could guide us if we doing the wrong thing, only we could get punished, but what about the people in the law that's not doing the right thing? Because they supposed to let me go in my house. I was told if I was not -- they not letting me doing it. How soon -- Ms. Holmes: Gentrify,'that's the word. Ms. Pierre: Justify? Ms. Holmes: Gentrify'is the word. Ms. Pierre: Just -- yes, is the word -- and then I don't know, because right now, it's very hard for me. I have three kids, a 12-year-old, a eight -year -old, and a three -year -old, and I'm on the street because of the police not doing the job. But who could I turn to? Who I need to see? And who's going to help me? Because I have three kids on my own. I'm doing everything I could Nobody could help me -- but whoever you turn to is running around in the hood, and I'm coming here to get help, to get better things from the government, please. Chair Gort: Thank you. Vice Chair Hardemon: Remember, those of you, and especially the young lady who just spoke, to see Mr. Milton Vickers; he raised his hand So, Renita, I count on you to direct them there so they could have the service they need. You got it today. Ms. Holmes: We got an appointment to see him already, Commissioner. Vice Chair Hardemon: Okay, good, great, great. Ms. Holmes: Just one more lady, and then we're out of here. We'll see him on the way out. Okay. Unidentified Speaker: Me next. Ms. Holmes: No, no. Let him go, Ms. -- Henry Brown: No. I want -- first of all, I appreciate everything that you said today, but I -- Vice Chair Hardemon: Identify yourself for the record. Mr. Brown: My name is Henry Brown; address, 365 Northwest 8th Street. Vice Chair Hardemon: I see you got a prop. Did you write that prop? Mr. Brown: Yes. So I'm -- but -- I see we even been, like, sidetracked. You first said we want to stay on one issue, but I see we on some other issues also, so I want to -- City of Miami Page 106 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: Remember, the issue is what is here. What people have spoken about is not the issue. Mr. Brown: Okay. Vice Chair Hardemon: And so, we have a lot of eloquent people that will speak, especially from the Overtown community, and there's going to be lots -- Mr. Brown: Okay, so you (UNINTELLIGIBLE) -- Vice Chair Hardemon: Hear what I'm saying, there's going to be lots of (UNINTELLIGIBLE) that's going to happen on the benefit -- for the benefit of all of us, because people speak very well and say things that we all believe in, but it doesn't change what the issues are. The issues are what's on paper. So what I'm asking you to do it at this point is to take your two minutes, or your last one minute and thirty-one seconds -- two minutes and express yourself sir. Mr. Brown: All right. I've already told my name, sir, and I only got a minute and thirty seconds, so let me start now. Vice Chair Hardemon: Two minutes. Mr. Brown: This is Wjmwood. This is (UNINTELLIGIBLE) Overtown. This is Administration. That's what's been happening. You use the word earlier, expansion, expand Barnaby Min (Deputy City Attorney): Sorry; you need to speak in the microphone, sir. Mr. Brown: If we allow Wynwood to continue to expand and expand and expand, because it started off on 29th Street, and it was supposed to go north, but somehow, it went south, and already we up -- we're crossing 20th Street to go to 19th Street, so this is what's going to happen if we continue with this expansion. Then it won't be Overtown. And then we'll have to go into Little Havana or Little Haiti, and it just be like that. It'll just be Wjmwood. Vice Chair Hardemon: You're getting pretty good at this. Mr. Brown: All right, so I'm -- Yeah, I'm -- Vice Chair Hardemon: That's like Physics II that you described That's pretty good. I haven't seen that one before. Commissioner Suarez: Mr. Chair. Mr. Brown: Wait. Vice Chair Hardemon: That beats the Carollo the penalty box, that one. Commissioner Suarez. Commissioner Suarez: I just want to know where I can get one of those Overtown Advisory T-Shirts. Vice Chair Hardemon: You got to go see the pastor about that. See Bishop Adams (UNINTELLIGIBLE). Commissioner Suarez: Can I order one of those, pastor? Vice Chair Hardemon: Those are nice, right? City of Miami Page 107 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Unidentified Speaker: Huh? Vice Chair Hardemon: Maybe they printed -- did they print that at an Overtown business? Where were those shirts printed? Mr. Brown: There's this -- there's a gentleman in Overtown; he has a small business, and he goes by the name of DY, but his name is Ira, and he's over there. If you'd like to order a T-shirt, that's the gentleman over there. Vice Chair Hardemon: That's YD. Mr. Brown: He's making us ambassadors in Overtown. Vice Chair Hardemon: First of all, I will say this: YD is the Overtown ambassador. So at first, when I saw the T-shirts, I thought they were biting his style, but knowing that it's his business, keep them putting shirts (UNINTELLIGIBLE). I need me one, too. I need a large. Commissioner Suarez: Yeah, I'll take a -- Vice Chair Hardemon: I'll pay for mine. The bishop (UNINTELLIGIBLE) take a large -- Commissioner Suarez: I'll pay for mine, but can I get dry fit? Vice Chair Hardemon: All right. Yes, ma'am. Aliyoumi Ferguson: My name is Aliyoumi Ferguson. I'm homeless. And I'm here for affordable housing and job, because we don't have any. So how does this zoning benefit me and my family? How can I be sure that this is going to help me living in the HAC and not having nowhere to go after the 60 days that they give you? Do they give you positive initiative or anything like that? How does Wynwood changing Overtown affect us? What it's going to do for us? I just don't understand it, and I want to know what it's going to do to help us as single black women raising children here, because that's what's majority of Overtown, are black single women. We don't want to raise drug dealers. We want our sons to be great men like you are sitting on the board. So we want to know just because our color is not as more important than your color -- Vice Chair Hardemon: Hey, now, I'm black; same color. Ms. Ferguson: So when is planning zoning -- Vice Chair Hardemon: From one black (UNINTELLIGIBLE) to another. Ms. Ferguson: -- how it's going to help us? And why don't you ask us what to do with our Overtown? Chair Gort: Thank you, ma'am. Ms. Ferguson: Thank you. Vice Chair Hardemon: Renita, please, take her to go see -- Ms. Holmes: That's it. Vice Chair Hardemon: But, no. Take her to go see -- City of Miami Page 108 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Okay. Vice Chair Hardemon: -- take her to see Mr. Vickers, please. Ms. Holmes: Thank you for your accommodation, and thank you, Mr. Clerk. Mr. Hannon: Thank you. Vice Chair Hardemon: You want -- Deborah Roberts: Good afternoon, everyone. My name is Deborah Roberts. I'm a Overtown resident, Town Park Plaza. And I thank you, Commissioner, for all your help during the renovate low-income housing where we are. My concern about Wynwood and this district, the boundaty, how they having -- they moving Dunbar into their boundary. That's my concern. My concern is 20th Street from -- you only took the 25th Street on back. You understand? But you're coming over here to say you're going to name that Wynwood boundaty? Listen, why won't you keep it Overtown? If Wynwood wants to come in and be a part of Overtown, that's fine, but please don't disrespect us and take our boundaries like this -- like we don't have no say-so, you understand? I applaud them doing everything in they power to make Overtown a better place to live in, which we do need. I applaud it. But don't make it to a certain extent that you say we are not good enough past south, end at 20th Street, which they thought that Wynwood was within 29th Street and 20th Street. No. Wynwood always has been past 29th Street going north. What about -- I'm talking about the low-income families, you know, single families. Did you ever think about that -- all of those buildings up on 20th Street? That's what they trying to, you know, make into things that -- we can't afford it. We really can't afford it, Commissioner. You understand? The only thing we will benefit from that is more policemen, which we do need, and to clean up the streets, and to clean the streets. You understand? They going to constantly just push us back to say, Oh, this is our boundary; you cannot come across this way unless we harass you'or whatever. And we like to walk freely to different places on 22nd Street, 23rd Street. You know, we like -- be affordable in that area as well, because once they take over that boundaty, we can't afford that no more. Chair Gort: Thank you, ma'am. Ms. Roberts: Thank you. Chair Gort: Next. Brian Lemmerman: Good afternoon. My name is Brian Lemmerman. I'm a caretaker at Colony One. It's a project that's located on 550 Northwest 22nd Street. We're one block north of Dunbar Elementary School. We're creating a community center for both the Wynwood and Overtown communities, and we're proud to say that we are proud residents of Overtown. And I want to bring to everybody's attention that there's -- there is gentrification taking place all over the City of Miami. Those of you who know about Little Havana, we had developers coming in and they needed to build high-rises and they're calling it West Brickell. Unidentified Speaker: Even you. Mr. Lemmerman: We got an area called Little Haiti; used to be Lemon City; now it's being called Little River. And we got Overtown, which I notice that the boundaty is moving around, and everybody's confused as to exactly where it is, and now it's being called Wynwood. And anywhere -- anything around Panther Coffee seems to be called Wynwood these days, and that boundaty keeps expanding. So I want to make sure we keep the boundaries clear, and we don't push people out of where they belong. That being said, it doesn't matter to us directly what City of Miami Page 109 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 happens in the zoning plan; we're going to be doing what we're going to be doing and providing what we're providing as a service to the community. The problem that I have with the NRD-1 plan is that I work for the company that wrote the Miami 21 Zoning Code that this plan is based on, and I didn't hear about this plan until this month. And so, if I didn't hear about this plan until this month, I would argue that everybody here who happens to live right next to or within the boundaries of where this is taking place also didn't hear about this. And my big problem with this plan is that the community was not adequately engaged And through my experience in planning, whenever the community is not adequately engaged in the planning process, people get pushed out. Things happen within communities that are really messed up, and the project fails, and what you end up happening -- what ends up happening is a bunch of rich white people come in and speculate on the new real estate and nobody can afford to live there. And so what I would press the Commission to do is to do two things: One, to re -hold public engagement sessions so that people can adequately be involved in the process of this plan. And two -- I forgot what two was. Two is to hold -- is to make sure that at least 30 percent attainable housing, not just affordable housing, but attainable by members of the local community is very well integrated within the new plan, because if we had these little separate tenement apartments, it's going to look like what everybody knows as public housing, and it's going to be unhealthy, it's going to be a dangerous feeling, and no one's going to want to be there. Chair Gort: Thank you, sir. Mr. Lemmerman: Thank you. Chair Gort: Next. Naome Richardson: My name is Naome Richardson. I live at 1975 Northwest 3rd Avenue. I was living in my house for 33 years. I worked two jobs to pay for that house, and now, at the age of eighty 80 years old, why do I have to worty about what these filthy -rich developers going to try to make me move out of my house? All my -- I worked 59 years. At the age of 80, I should be sitting back enjoying the fruits of my labor, but all 1 could get is letters, Your house, your house, we want your house. "Then you all send me these certified mail and get me upset. I'm an old woman. I'm 80 years old. Why can't I have peace after all these years of work? I hope you all could do the right thing, because what goes around comes around. Chair Gort: Thank you. Next. James Hunt: Good evening, everybody. I was before you -- my name is James Hunt. I'm not a resident of Overtown, but I'm a product of Overtown, which means, I was here since 1937; and when I say Produce, 'the elementary school, the middle school, junior high, and senior high. All of those schools that they named, I either attended or I was principal at most of them. My concern about it is that I'd like the Mayor and the Commissioner Hardemon about the statement about Dunbar. You're right; City of Miami Commission, Mayor of the County Commissioner has jurisdiction over the School Board in terms of naming the schools and doing it, but it's the impact that we're talking about. The impact is that once you start closing down houses and putting in buildings, you have no little children to go to those schools, so you ultimately close them down. I could be saying a lot, but I'd like to say to you: I think you have a five -board members. I'm not that concerned about Commissioner Hardemon, but he's only one vote. My plea to you is we need your vote to help Hardemon and those others who think like him help us survive; we won't be able to. And I'll tell you one of the things that came up. Several years ago, a person who was sitting right at -- where you're sitting now made a comment when they were talking about putting a ramp off of 95 down at Booker T. Washington entrance. I'm going to close it. Chair Gort: Yes. Mr. Hunt: And what happened was the State came in and said they were going to help us. It's City of Miami Page 110 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 sort of like having the Internal Revenue to call you and said, We're going to audit your books; bring them all. We're here to help you. "Nobocy believes that. What we're saying to you, it's in our community now; we need help. We don't form -- one person going to be able to do it. You need a majority vote. We ask the rest of you, look deep in your hearts and see. Help us defend ourselves before we don't exist anymore. Chair Gort: Thankyou. Mr. Hunt: Thank you. Chair Gort: Next. Agnes Morton: Good afternoon, Commissioners. My name is Agnes Rowe Morton, 1454 Northwest 43rd Street. I was born and raised Overtown, and my family was displaced by eminent domain in 1963. I'm speaking as an opponent of PZ.3 and 4. Overtown, which was early -- was Colored Town -- was established before 1896 when the City of Miami Charter was signed A third of the signers of that Charter were Bahamian and African -American men. They were the early builders of the railroad and contributed to the early development of the City of Miami. Historical Overtown is now being squeezed by downtown and Wynwood on the east; west by the University of Miami and Allapattah. I'm concerned that these zoning changes are chipping away at the boundaries of Overtown. When are we going to respect the history and contributions that our ancestors made for this city by respecting the boundaries of this historic community? Thankyou. Chair Gort: Thank you, ma'am. Yes, ma'am. Unidentified Speaker: I am -- okay. Vice Chair Hardemon: Mr. Chairman, may I say something? Shoshana Lincoln: May I speak? Vice Chair Hardemon: No, not yet. Chair Gort: Wait a minute. Vice Chair Hardemon: Not yet. Okay, so, as you can see, we're working. We're always moving, trying to figure things out. And so one of the things that I've been hearing, especially by -- especially that blowing -- the balloon thing that we saw that expanded the boundaries of Wynwood -- the first thing is this: The -- what they've called the Wynwood Neighborhood Revitalization District, right -- that's the word that's been going around -- and what we need is -- or what they need, rather, is they need a neighborhood revitalization district; doesn't necessarily have to be called Wynwood, right. So what I'm saying to you is this: Moving forward, when this thing comes be -- when we start to decide everything, what I'm going to do -- and I'm -- I hope that my Commissioners support me -- we're going to change it from the Wynwood Neighborhood Revitalization District to the Neighborhood Revitalization District 1, okay? That's the name of it. Hear what I'm saying to you. What I'm saying to you. Ms. Lincoln: I agree. Vice Chair Hardemon: Hear what I'm saying to you. It's now called the Wynwood Neighborhood Revitalization District. That's the first time -- that's the first thing. The second thing is that when you look at this map -- when we talk about the different -- the maps -- may I have a portable mike, please? When we're talking about the map, on the first map that we were shown, it included Dunbar inside of that Neighborhood Revitalization District, if you remember, City of Miami Page 111 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 and what we were saying was that we're going to cut it so that it does not include Dunbar. So we clearly understand that Dunbar is not affected by this overlay. I wanted to make it clear. And the idea that I have -- that I hope that my Commissioner will support me with, because I only have one vote, as was correctly stated -- is by making the southern boundaries of the Neighborhood Revitalization District the northern boundaries of the Southeast Overtown/Park West CRA (Community Redevelopment Agency) boundaries, so it's named at the northern part the Southeast Overtown/Park West, so we know that's the Overtown area. Now, when we do that, understand -- I want you to understand this very, very clearly -- to do that, that means that this line here on 20th Street will get cut away. Thank you. That makes things better. Okay, so this line -- this boundary here will be done away with, because the line will come across this way. Now, that's the simplest way to do it, but I caution you this -- and I'm asking of your permission to let me take one step further to make Overtown better served by this change. Currently, on the map -- can you show me the zoning map? Show me the proposed -- right, the NRD proposed -- no, the part that will show industrial. Is this it? Okay, this is it. You got to take it up, take it up, take it up. I can't see the -- Chair Gort: They got (UNINTELLIGIBLE). Vice Chair Hardemon: Oh, you can -- can you flip it for me? Mr. Garcia: Yes, sir. Vice Chair Hardemon: We want to show you the orientation of the area, the exact same way that you've been seeing so you're not confused. Okay, now go up. Okay, so currently right now, if this -- this area right here is 20th Street. These parcels of land right here is industrial currently. The proposal is to change it to general commercial. That's where all of this is red because it says general commercial, 'and I'll let the expert explain the exact difference between commercial, general commercial, and industrial. Please, Francisco. Mr. Garcia: Yes, sir, and thank you for the opportunity. I think there is ample willingness to strike the right balance, but whatl certainly want to convey is that the land south of 20th Street is presently zoned for industrial uses. Now, I've heard some speakers' concerns about the effect and the impact those industrial uses have on the community and all certain sites in the community that are of particular concern. What we are proposing to do through this zoning change, names notwithstanding, what we're proposing to do is to change that land from industrial uses to mixed uses, which mean commercial, office, and residential. I frankly would hate to see that change be lost because, professionally, I can recommend to you that that is going to result in an enhancement to the community, not a detriment to the community. I emphasize, notwithstanding who owns the land or what the land is called, leave that aside. That has no bearing on this. The land use is the thing, and what we're proposing to do is to change it from industrial to mixed use. Vice Chair Hardemon: What type of uses would industrial use provide you? Mr. Garcia: Industrial uses allow for manufacturing, distribution, warehousing, storage facilities, et cetera; whereas, commercial or mixed use would allow for retail, office, and residential. Vice Chair Hardemon: So I say this especially for people like Ms. Stewart, because I think you understand this battle, that on that southern part of 20th Street, which will be here, the amendment that we will make by saying the southern boundary of the NRD-1 is the northern boundaries of the Southeast Overtown/Park West CRA boundary. We will take the part that's below 20th Street out of the picture, which means that it remains industrial, and people like Ms. Stewart have been fighting for it not to be industrial so that it can become mixed use, residential, office. It's -- that's where people want to live. You don't want to live next to what you see there City of Miami Page 112 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 now on the north side of 20th Street, which is a recycling facility, plant. I mean, you've all seen that. So you know that. So what I'm asking -- and if you agree, just do your hands like this -- is to allow this boundaty to become mixed use so that we can get rid of the industrial. You understand? So basically, what I'm asking is this: We know that -- the first move I want to do is this: The northern boundaty of Overtown, the CRA, is the southern boundary of the NRD-1, which is the one we've been talking about, the top part. By doing that on 20th Street, just the properties -- the commercial properties that abut 20th Street on the south side will remain industrial. They will remain industrial. Meaning thatyou can is still have that facility thatyou have that -- for the recycling can still -- that -- facilities like that can still be there. What I'm saying is that I want to get rid of facilities like that in that space. So to do that, we have to change the zoning to general commercial, which would allow for mixed use residential, office, things of that nature, okay? Unidentified Speaker: Only the soils remediated. Vice Chair Hardemon: Okay. Well, that doesn't have remediate -- that part doesn't have the remediation. The Wynwood area will have to worty about remediation on those properties, but on the southern side of 20th Street where we're talking about here, there's not a site, as I understand, that has those types of ills on it. So I'm telling you exactly what I'm going to do. It remains Overtown. Unidentified Speaker: Can we have a study? Mr. Hannon: Chair? Vice Chair Hardemon: It remains Overtown. Mr. Hannon: I just need to make sure all comments are made on the mike. Vice Chair Hardemon: Okay. It remains Overtown. The only difference is that it is no longer industrial. It becomes mixed use. We agree -- can I get a Amen? Unidentified Speakers: Amen. Vice Chair Hardemon: Thank you. That was -- that's hard, but thank you. Ms. Lincoln: To the board and to the -- our audience from Overtown and also -- Vice Chair Hardemon: I need to use the restroom, so excuse me for one moment, okay? Ms. Lincoln: What I have perceived here, we're having a demographical issue. Overtown residents should understood [sic] that a black man have died to integrate these people, the children to go to the same school with black and white. Now, if we're bringing in investors in Overtown, we do need that, because we do not have African investors to come and help to bring back the economy of Overtown. Knowing that the Commissioner have agreed to still retain the name Overtown, I mean, for me, I think it's a nebulous statement for name changes that bodes ill with our millennial. And to satisfy the audience here, I think that the Commissioner have done a good thing to retain Overtown. But, folks, we have to understand that we do need those investors. They have already declared better streets, safer street for the people in Overtown and, perhaps, better housing too. And this is a national shame for all these African people who come up here in the microphone claiming that they are homeless and they are kicked out from shelter, so such a shame should be take into consideration to give these people more housing. Chair Gort: Thank you, ma'am. Next. City of Miami Page 113 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Lavern Elie -Scott: Good afternoon. I am Lavern Elie -Scott. My mentor, (UNINTELLIGIBLE) King, professionally known as Curley, was born and raised in the Overtown in a small section known to many elderlies as -- seniors as Good Bread Alley. I remember all of the stories from years of being around her about Good Bread Alley, the Sir John, the Night Beat, and all the clubs and the rich heritage of how much the people really enjoyed Overtown, and we had everything in our own community: the movie theaters, the clubs; the celebrities came out and supported So people have a lot of heritage there. And we're asking for your support in keeping Overtown Overtown, which I know he just said he would and I think it's a very beautiful thing. The one thing that I find -- I understand that people have the right to sell the property that they own, but one thing I find very disgusting is that when seniors that have worked all of their life and bought their property, that their homes are getting taken through the gentrification process. I think that's wrong. And nothing is more saddened than reading it or watching the stories and the tapes of these people cvying because their homes are being taken. So I ask -- through the gentrification process. So I ask that we be supported and find a way to help these seniors. Like that 80-year-old lady that stood up here and talked about her home being taken that she worked all of her life for, nobody should have to go through that. Chair Gort: It shouldn't be taken. Ms. Scott: Okay. Thank you. Chair Gort: Thank you. Yes, sir. James Adams: My name is Bishop James Adams. I'm the senior pastor of the Historic Saint John Institutional Church in Overtown. I want to say to my Commissioner, in his absence, and to those of you who are on the dais, that I formerly do not support any extension of boundaries that would encroach into Overtown for any circumstance. And my reasoning for that is two fold. One is the process. Number one, I appreciate the painstaking undertaking that our Commissioner did by laying this out and to explain it to the best of his ability, and I applaud him for that, and there's nothing better than an understanding. However, in this process, that this piece of legislation was crafted without first coming to the Overtown -- number one -- Oversight Board; and number two, the active residents and shareholders there. It was an afterthought, after that -- the Wynwood district came to us after they caught wind that Overtown was pissed off by being stepped over. So on the basis of principle -- because, first of all, I don't think that it's fair to us to have to jump on and support something that happens in this meeting when we should have had ample time to look at all of the issues that are involved. That's number one. Number two, as history has proven that once here in Miami -- this is what I'm hearing from the Overtown people and people in Miami -- that if you give it an inch, they're going to take a mile. There's been promises made. There's been things that have been said that haven't come to fruition, and so naturally, the people are very skeptical about approving something. I will say that attended the Overtown Oversight meeting. The Wynwood district people came in. They said that their issue died. Andl asked this specific question: Is this a dead issue? And they said, No. We will consider it again. "Now, I do see the reason in what our Commissioner was saying about the boundaries. I don't think the answer is extending the boundary. I think the answer is giving a special permission for that particular piece of property that is in Overtown, let it still be Overtown, but let them also have the provision of what the Wynwood district association is. Let's keep Overtown Overtown at all costs. Thank you. Chair Gort: Thank you. Irby McKnight: I'm Irby McKnight, 1600 -- Chair Gort: The only reason he was able to speak a little longer, because somebody gave up their time to him. I just want to note that I'm following the rules. Excuse me. I just want to note that I'm following the rules. Go ahead. Go ahead, sir. City of Miami Page 114 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. McKnight: Irby McKnight, 1600 Northwest 3rdAvenue, I'm the chairperson of the Overtown Oversight Board. Mrs. Stewart, a board member, read earlier a resolution passed by the board. I will not go over that again. But I will say this: When it comes to owning the land, we did own it. The government had a tool called Irminent domain, 'and they used that tool, took the land, and 30 years later, gave it to some other people. There's another experience of that in Florida. The Army in Key West did the same thing. They took -- they used eminent domain, and they built a base on property that was black -owned. When they decided to leave Key West, they did not give the black community the property back, i.e., like when they used eminent domain in Overtown and took properties from Isaiah King, Alex Nelson, Al Simmonet, William Sawyer, Sarah Stewart, the Wanza (phonetic) family, and I can keep naming them, because I did know these people. They gave the property -- the Army gave the property -- once the base left Key West, they gave the property to the County. Well, when the City or the County used eminent domain and turned the property over to the City, 25, 30 years later, the City gave the property to some other people that had never been in Overtown before. So now we already have a history of what can happen, and when it comes to the disappearing and the shrinking of the community, where is West Dunbar? You know why you don't know? They took that from us, too, by telling us that the School Board need to expand. And we're going to move Lindsey Hopkins over to 20th Street and 7th Avenue. We had community meetings in Overtown, chaired by Ms. Athalie Range, that asked that this not happen. We were told, Oh, no, don't worty about it. West Dunbar, it ain't going no place. "There's not a young -- a school -age person in Overtown has ever heard the name West Dunbar. "So don't tell us what won't happen. We are the victims. We know what will happen. We already know this. And as far as the property on 20th Street, when I was the chairperson of the Overtown Neighborhood Assembly for the Empowerment Zone, we made an attempt -- someone came here wanting to build a high-rise on that property. That property is full of perk. Perk is a chemical that laundries used years ago to clean clothes. It was a laundry there. In the black community, the laundry did not have to dispose of the perk like they did on Miami Beach. They just let it run into the soil on 20th Street and on 9th Street where those laundries had been. Those properties are extremely contaminated with a very cosmogenic agent that's still there in the ground. That's why we backed away from it. It would have cost too much to clean it up. Now, I read -- someone sent me an e-mail that somebody just paid $16 million for the property. I'm sure they'll be able to clean it up. And I am sure what they build there will not allow the likes of these people to be there. And if you came from Overtown to support Overtown, would you please stand? Because a lot of people spoke here today that had nothing to do with Overtown. They ain't never lived in Overtown. So all of us who live there, who duck bullets, who deal with drug addicts, who deal with unemployment, people stealing our plants off our porch, our chairs off our porch, y'all stand. Thank you very much. Chair Gort: Thank you. By the way, once again, somebody extended two minutes to him; that's why we gave him more. Yes, sir. Ira Walden: Good afternoon. My name Ira Walden. I'm a musician from Overtown. I want to thank Keon for clarifying a lot of things that I was not aware of and that was misunderstood by myself. I've been in Overtown all my life. I remember once upon a time, blacks were only allowed in Overtown in a place you have destroyed right outside this City Hall, which is Coconut Grove with so-called Irconomic developments. "However, we did not complain when they built -- we built our own homes. We created our own jobs. We supplied our own community with food and education. I must say, we do need change and redevelopment in our community, but I'm very disappointed that we are skeptical about what's about to happen, and people kind of fear because they don't understand what's about to happen. But there was no debate when 1-95 highway was built through our community, decreasing our population in Overtown. Over the course of years, from 29th Street to 20th Street, redevelopment has been happening on Overtown property. Well, used to be. Art galleries and tourists, these the ones the source of revenue for Overtown. Our community is not budded [sic] from this plan. I have yet to seen a black business owner in this Wynwood development, but I'm glad to see that we coming together with City of Miami Page 115 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 different races: whites, black, Hispanics. This is a great thing; we able to compromise. Overtown was a place provided for unfortunate people that couldn't afford to pay outrage house -- outrage price condos, let alone provide for their families, working minimum wage jobs. We are not included in a lot of this redevelopment that has been planned for over 30 years, so that's why we're scared. Why wasn't these proposals presented to our community leaders without such disrespect for mens (sic) and pinching them the way that the community is worried right now? We do not agree with a lot of the Wynwood expansions over the past years. I probably wasn't even born, but it happened before our eyes, and they tore down our black -own landmarks with their own motive, not hesitating to waste some time to do more with our community. I don't see them offering education and techniques to teach our children. I don't see them bringing in afterschool programs to get our kids off the streets, so I don't see no compromising. They are putting railroad signs and building new high-rises in our community without consulting with our community or even placing affordable homes for Overtown residents. This is going to be a slight chance, so that's the word. We demand revenue for any development in Overtown so that we can better our education, provide jobs for Overtown people, and our history remain to be Overtown and never be eraser, like my brother Pierre clarified. So everybody here in my Overtown advising us these are not their problems, so our kids become statistics to this system that are not built for us to surpass. We have to work within ourselves to better ourselves, and for that reason, on my behalf and my Overtown ambassadors, time will not allow Wynwood to expand anymore. Keep Overtown alive. Thank you. Chair Gort: Thank you. Yes. Marquise Hardrick: Pastor Marquise Hardrick, Trinity CME church, 511 Northwest 4th Street. I'm here on behalf of Historic Overtown, and I emphasize Historic. "We should not be in 2015 still trying to clarify the boundaries of a historic community. I think we're very clear why we are here, and that was really in regards to resolution RE.3, which dealt with the expansion. And so when we went through the history lesson of all of the others, in actuality, that's what we are here for. The issue is this: Commissioner Hardemon, I heard you say that the boundary was 22nd a couple times on north end, but the problem is is that in here, they say it's the Wynwood NRD, the north -- it goes from Northwest 20th Street, so an area -- we're talking about the boundaries in the legal terms of the NRD, Wynwood NRD, it says 20th Street. That's a big problem. There is a lot (UNINTELLIGIBLE). There is a lot in boundaries. I see the erosion of a historic community, and not enough of healing in that same community, eroding with -- from Park West coming in eventually, the eroding from on the north end with now Wynwood, and what will we have left? What will we have left for our people? I'm done. Chair Gort: Thank you, sir. Yes, sir. Andrian Madriz: Andrian Madriz, 1841 Northwest 1st Court, Miami, Florida 33136. I just have a couple of questions, and anybody on the Commission is welcomed to answer them. They're not rhetorical. There are a lot of planning and zoning changes that are on the agenda today. Do any of you know if these changes will result in a net increase or a net decrease in the average rent for Wynwood and Overtown? Commissioner Suarez: No one knows that. Vice Chair Hardemon: No. Mr. Madriz: No one knows that question? Commissioner Suarez: No. Only God knows that. Mr. Madriz: Only God knows, okay. Let me ask you this. City of Miami Page 116 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: I hate to break it to you. Mr. Madriz: In the past year, let's say, all the planning and zoning changes that have come before this Commission, has the rent gone up or has it gone down? Unidentified Speaker: Probably up. Mr. Madriz: It's gone up. Unidentified Speaker: Right. Commissioner Suarez: Right. Mr. Madriz: So, based on historical data, we can pretty much assume that since nothing has really changed in terms of the planning and zoning that's going to be proposed, that the rent is probably going to continue to go up, correct? Commissioner Suarez: Not necessarily. Chair Gort: Excuse me. Let him finish. Let him finish. We got still -- we got a big agenda to go yet. Finish, please. Go ahead. Mr. Madriz: No. I'm asking you. Chair Gort: Fine. We don't know the answer. Go ahead. Mr. Madriz: Okay. So, if the likelihood is that it's going to go up or, let's say something even easier, the likelihood that people are proposing these changes because they want to make more money, not less, okay, why don't we make it so that there are conditions for these planning and zoning changes, like an increase in the amount of funding that we collect from these planning and zoning changes in order to provide public housing, affordable housing, subsidized housing for people oat30 percent of area median income? Why can't those conditions be placed on these planning and zoning changes that are being proposed or on those businesses that want to make advantage of those changes? That's what I'd like to know. Chair Gort: Thank you. Mr. Madriz: That's a question. Chair Gort: Thank you. You'll get the answer. Commissioner Suarez: Can I chime in on a couple of things? Chair Gort: Go ahead. Commissioner Suarez: Just -- I'll just be quick. First of all, if a lot is empty, a zoning change is not going to affect the rent on that lot, correct? So a building is yet to be built. So that's why I say you can't answer the question specifically the way that it was posited Secondly, if a building that's affordable housing is built there and if it's an ELI (extremely low income) building, as you stated, it would have rent controls, and it would have rent controls for a long period of time. I think what you're getting at is a point that I think we all agree with, which is the City and the County and the State and everybody has to do a lot more in the context of ELI affordable housing, which is that we need to provide more housing for, you know, extremely low income, which is 30 percent AMI or below. Zoning changes can promote that to a certain extent. I've promote -- proposed zoning changes that have tried to do that, but you also have to have it City of Miami Page 117 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 coupled with money, obviously, with subsidies. I think we should continue to go to the State for its tax credit program, for example, to try to increase ELI funding, which there isn't like a designated amount or pot of funds that go to ELI funding, and there needs to be. This zoning ordinance will potentially create public benefit funds which can be used for affordable housing, and we can designate them for extremely low-income housing. We can say -- you know, we can use them for ELI, so I think -- Mr. Madriz: When was the last time that happened? Commissioner Suarez: Well -- Chair Gort: Excuse me. Commissioner Suarez: -- one of the -- well, no, he's got a legitimate -- Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Listen, it's a legitimate question. Ever since Miami 21 was enacted, we have been getting short-changed with respect to public benefits funding, because of the concept of TDRs, transfer of development rights, which is a good concept in and of itself. Unfortunately, what's happening with a lot of this -- a lot of these potential up zones is that the private sector's trading them versus the money coming in to our public benefits program. So the fact of the matter is, we have to fix that, and I'm going to be proposing a way to fix it. We need to fix it, and hopefully, you'll be there to support that proposal. Mr. Madriz: I look forward to hearing it. Vice Chair Hardemon: And Mr. Chairman, I would like to say that that conversation that just happened is exactly what we talked about when we started this meeting -- Commissioner Suarez: Right. Vice Chair Hardemon: -- when I talked about one of the items that I did not like because it took money from the Affordable Housing Trust, so if you think back to when we first started that's what this was about. And what's -- and that's why these conversations are difficult, because when you say blatantly -- if you just say, you're not giving us affordable housing, for instance, or this won't help affordable housing, it's a very powerful statement. And so, for you to really understand what's happening, we have to sit back and explain it that way, and many times people don't want to necessarily hear it that way, and even after explaining it, you might not quite get it. Commissioner Suarez: You asked for it. Vice Chair Hardemon: And so it's very difficult to legislate responsibly with just three -word statements that sound good to be put in the newspaper, and so that's why we just ask that you follow along with us as best you can while we try to go over these very difficult issues. Thank you. That's it. Chair Gort: Thank you. For your information, I want you to know, that we have several projects right now that going to have affordable housing and market -rate housing, which is the way to do it also. Next. Yes, sir. Lorna Shuford: Yes. Good evening, councilmen and everyone here in Overtown. A lot of you may not know me. I'm Lorna Shuford with Little River Historical Culture EDC. We're a community advocate. I do a lot of ground work and grass root, but I'm here today because I City of Miami Page 118 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 want to make sure that the historical aspect of the area is well in place and can see. Each piece of the area that's being rechanged, rezoned, and updated removes a little bit of the history that was so hard to retain and create. Am I correct at that? Unidentified Speakers: Yes. Ms. Shuford: Okay. I have to say three words, and if you're a businessman, if you're someone that's in the area, this word may ring a bell to you, because it's a word that eventually deals with the economic systems of the area. And the word -- some of you may know it -- is called location, location, location. "What do you do about the location? You make sure that no matter what happens at the end, that historical aspect of the area is in place. And I'm going to recommend something here today, and the councilmen, you can bring it on onboard if you want. Any major corporation that comes in has always a foundation behind it, because somehow, some way, they have to do something with their funds so they don't pay that much taxes. Make sure that in your community outreach, make sure that in your CRA, make sure that in your community advocacy, communities, in your area that those companies that come in, those contractors, developers, housing or whatever, that at least 1 percent of whatever they raise or make in the area goes back to labor training, goes back to hiring people within that same area, and make sure that it is used to make sure that the historical aspect of what they're taking is well in place and permanently promoted. Thank you, and I appreciate your time. Chair Gort: Thank you, ma'am. Yes, sir. Kaman Fulger: My name is Kaman Fulger. I own a company called Water Boy Water. Right now I'm in the Overtown area. Mr. Keon; Mr. McQueen, my mentor; Ms. Lorna, and a couple of more people that was in here. Basically, all I'm -- all I want to do and all I'm going to do and what I'm going to continue doing is to provide jobs for the community. So I just came in just to let everybody know that I will be one of the ones that actually shines and shows that what they're doing is someone in that circle that will provide the kids jobs, show them training, you know, teach them something a little bit, you know, better, and show them better. So when y'all see me, y'all know if I'm in y'all community, I'm from Liberty City. I was born and raised in Miami. I graduated from Miami Central. So just to let y'all know, I'm not into the politic thing. Only thing 1 want to do is provide jobs for my black people in y 'all own community and with the help of them, I'm doing that. So thank you. Chair Gort: Thank you. Yes, ma'am. Mae Christian: I'm Dr. Mae Christian, 4824 Northwest 15th Court, Miami, Florida. I'm also on the Overtown Oversight Board. I'm the author of what was called the Multipurpose Center," now the Culmer Center. I work with the interim director for the County, Dewey Knight; been in charge of salvaging Booker T. A lot of people don't even know that was a secret under CDC (Community Development Corporation). I've seen eminent domain remove our businesses from Overtown. We had major hotels. We were receiving tourist dollars. So don't think black people didn't own things in Overtown. It was eminent domain and federalism. And I'm saying to you, what happened to the return policy? There was a return policy that they was supposed to bring these people back. We had home ownership. Mr. Sawyer, we had our first black judge, Judge Thomas. I know the history because -- Father Gibson -- Reverend Gibson, Father Graham, and Boise (phonetic) Waiters; we had Senator Turner. We had about seven or eight black folk that were elected the late Representative Gwen Cherry. They raised me. And as a person that wanted to do something -- right now the community can't even use the Culmer Center. The Commissioner was there the night that we all got evicted, but it's a multipurpose center. It was supposed to be for the community. So I'm saying we need to go back and get the original boundaries, the original maps, the original charter, as well as the fact that we need our history We need the promise that was given to us. We had a return policy. What happened to it? So people keep -- you know, you could take a coat and make it with different colors and patches. City of Miami Page 119 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 This whole thing for Overtown has been amended and amended, it look like it's patched up, and we need to come back together. As Jackie said .4'omebody lied. "And we need to -- I wish that we could find a good constitutional lawyer, because we haven't been through due process, and our constitutional rights have been very much violated in Overtown. Chair Gort: Thank you, ma'am. Next. Berlinda Faye Dixon: High. Good afternoon. My name is -- Chair Gort: You give up your time? Ms. Dixon: I -- we have others that gave up time. I let the Clerk aware. He's aware of evetybody that spoke -- Chair Gort: Okay. Ms. Dickson: Thank you. We're very organized, as you can see. Chair Gort: Yes. Ms. Dickson: Anyway, my name is Belinda Faye Dixon. I am an Overtown resident, okay, and I want you guys to be aware that we are paying attention to what goes on. And, Commissioner, I really applaud you. Thank you so much for taking the time, and thank you guys for allowing him to take the time to break it down so that our people can have an understanding. Because one of the things is that we haven't had the opportunity to have this understanding, okay. When you're dealing with a population that -- not evetybody has a cell phone. They don't have cable TV; they have air TV. And their minute -- their phone is a minute phone. Communication doesn't necessarily get down to the grassroots level, and that's where we as activists, we try to let the people know what's going on so that we can stand behind our Commissioner, so I applaud you for that. You were talking about SR. 7. I'm completely behind you in what you were saying, that there needs to be some implementation of giving back, okay. We don't want that scenario. Like you said Oh, you build this big thing and then give a little park. " Oh, that's so cute. "No, we don't want that. Additionally, with this rezoning, I'm in agreement that industrial use, okay, is not good. It needs to change. But I am demanding remediation of the land and on any additional lands that were previous companies, like what was heard before, dry cleaners and such with -- there were previous studies about perk. I'm asking that those -- like the one guy that just brought the land for, what, 14 million or whatever. Yeah, that land needs to be accountable. That land need to be studied okay, and tested before we go making a mixed use madness, okay, and we have everybody full of cancer. So I'm asking for studies -- money for studies for this land; and if we're going to rezone it, we need studies to make sure the soil is safe, because y'all wouldn't put your kids playing there; I wouldn't put mine, so we're not having it. We pay attention. And y'all want the land so bad, y'all can have it, but y'all got to fix it proper. That's where we stand. And you're going to give something back to the community. So that's -- with that said, that's all I have to say. Also, I would like for you to please fight for the Culmer Center, because as it stands right now, as an Overtown resident, you cannot even sit there on the Culmer bench; the security guard will escort you off the property, okay. You can't use it for a wedding or a get-together, and that all needs to change. Okay. Vice Chair Hardemon: You can always see our office about it. We know that the Culmer Center is a County -owned facility, and so we can express our concerns to our County Commissioner who controls that area and to be able to see what type of changes we can make with the Culmer Center. Because Dr. Christian is right, that we have been evicted past 7 o'clock, so -- Ms. Dixon: Yes. City of Miami Page 120 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: So that's the first that I -- and I believe that if someone wants to redevelop that property and there has been some type of uses that has contaminated the land, they would most likely run into that DERM (Department of Environmental Resources Management) issues, so they will have to remediate the land before -- -- would it be remediate or mediate. One of the two -- but the land before they build something new there. So that will most likely be done. Thank you. Ms. Christian: I just wanted to add for the ownership and the property -- Chair Gort: Name and address. Ms. Christian: -- the land was given to the community from Mayor Adams, who was over HUD (Department of Housing and Urban Development). At that particular time, the City of Miami did have -- they wasn't doing community projects. But that land doesn't belong to -- it doesn't belong to the County. The County just jacked it. So I think that if it was up to me, I would say the City owns it just as much of the County, because it was never given to the County officially. They never had any deed, so we need to investigate that, too. Because I was part of the ownership. Vice Chair Hardemon: Okay. Chair Gort: Thank you, ma'am. Okay. Now close the public hearing. Vice Chair Hardemon: So the public hearing's been closed. Chair Gort: Let me add a little bit of something that just -- the growth of Miami -Dade County has been to the detriment of the City of Miami. I know many of you suffered through the 1-95. We had 112 that destroyed Allapattah, that whole area there. We had the 836, which I was a victim. My family was taken over, the home. So the growth of Miami down at the -- Miami -Dade County have been to the detriment of the City of Miami. So we need to understand that. Yes, sir. Go ahead. It's all yours. Barnaby Min (Deputy City Attorney): I'm sorry, Mr. Chair. Can I just clarify that the public hearing we just had was for all the PZ items and SR items that were specified by yourself as well as Mr. Garcia, and the public hearing has been closed for all those items at this time. Chair Gort: Correct. Vice Chair Hardemon: So I'm guessing at this moment, since we've heard all that, we will be moving on, Mr. Chairman, to SR.4. Chair Gort: Yes. Vice Chair Hardemon: Is that right? Oh, I'm sorry; we're doing PZs first, right? It's PZs first. Mr. Min: The first one is -- Vice Chair Hardemon: PZ.6, and I want to make clear -- and Barnaby, I need you to help me do this, or Mr. City Attorney, please help me do this. For the items where we describe the northern boundaries of the Overtown -- the Southeast Overtown/Park West community, the overlay -- the historical overlay from the NRD-1 -- and you can articulate it better than I can, because I'm trying to remember from the top of my head -- we do not want the aspects of the NRD-1 to fall into the Overtown boundary, and so -- meaning that we will be changing -- along the zoning, it will go from industrial to general commercial, but the NRD boundary will not extend into that same area. City of Miami Page 121 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Min: Correct. And what 1 also understood from the discussion and the desire of the Commission is that west of Northwest 2nd Avenue, the southern boundary of the NRD-1 will be equivalent to the northern boundaty of the Southeast Overtown/Park West Community Redevelopment Agency. Vice Chair Hardemon: Correct. Mr. Min: To the east of Northwest 2nd Avenue, it'll be consistent with what is currently in Exhibit A, '{vith the clarification that those properties south of Northwest 20th Street will only be rezoned but will not have the NRD-1 regulations applied to them. Vice Chair Hardemon: Correct. Mr. Garcia: I'm sorry, Commissioner. If I may? Just for clarification sake. I believe what the Deputy City Attorney mentioned was as a boundaty Northwest 2nd Avenue. I believe that to be Northwest 1st Place, which is further to the east. Feel free to correct me if am wrong. Vice Chair Hardemon: You are correct. This is 1st Place here, that line. Mr. Garcia: Thank you. Vice Chair Hardemon: So you mean east of 1st Place, that's correct. Chair Gort: As amended. Are you making a motion? Vice Chair Hardemon: Right. So -- Mr. Min: The first item would be PZ.6, and ifI could also clarify based on what was said earlier concerning the concerns with the public benefits trust fund language. If that language -- well, based on that concern, my suggestion is on PZ.6, on page 2 of the legislation, under Subsection 3.12.3, Subsection B, Subsection 6, which is the very last section on page 2, that it be clarified to state that the NRD lhay'implement a public benefits program, since there may be -- there may not be a public benefits program that this NRD-1 will be able to implement. Vice Chair Hardemon: I'm going to do my best to fight -- their -- Mr. Min: And ifI may -- Vice Chair Hardemon: I understand. Mr. Min: -- I say that because -- only because PZ.6 does not necessarily apply solely to the NRD-1, but it is the enabling legislation for any future NRDs that may be created throughout the City. Vice Chair Hardemon: Okay. The name will be permanently permissible then, right. So I would move to pass it with the amendments that we've discusses, along with the public hearings. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Mr. Min: For PZ 6. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 122 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Hannon: Roll call on item PZ 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. PZ.7 ORDINANCE 14-00054zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00054zc FR Fact Sheet.pdf 14-00054zcAnalysis, Maps & PZAB Reso.pdf 14-00054zc Application & Supporting Documents.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 3-5, on March 5, 2014; therefore, constituting a recommendation of denial. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.7 was deferred to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading 15-000571u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT City of Miami Page 123 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 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. 15-000571u SR Fact.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, on May 20, 2015; therefore, constituting a recommendation of denial. 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 Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Next. Francisco Garcia (Director, Planning & Zoning): Next, sir, I have items PZ 8 and PZ 9. They are respectively a land use change and a rezoning for a property at 2240 Southwest 13th Avenue. This is before you on first reading, and the proposed change in terms of zoning would go from T3-0, which is duplex zoning, presently in place, to T4-L, which is general urban transect zone, limited. This item also includes a covenant which restricts the development ability on the site, as proposed by the applicants. Without anything further, happy to answer any questions you may have, and I'll defer to the applicant for presentation. Chair Gort: Yes, sir. Alex Tachmes: Good evening, Mr. Chair. I'm Alex Tachmes, with the law firm of Shuns & Bowen, 201 South Biscayne Boulevard. Good evening; good to see all of you again. We're here tonight on an application by 1300 Coral Brickell, LLC (Limited Liability Company), and we're joined by Americo Dagostini, who is the owner of the project; and also, by the way, a local City of Miami Page 124 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 resident of the South Miami Avenue area; Ralph Puig, our architect; Richard Garcia, our traffic engineer; Rob Curtis, our land use consultant; and Kathleen Maurer, our -- my colleague, with Shuns & Bowen. If you have a walking -- if there's a walking mike, it might make it easier. I'm just going to put on a map to be able to show -- So we're submitting an application to rezone and change the comp plan designation of a property roughly on the corner of Southwest 22nd Terrace and Southwest 13th Avenue, and you can see from the map here. So you've got -- Coral Way is the yellow line up here; you've got Southwest 13th Avenue here; and the subject property we're seeking to rezone is in red. So our client owns three parcels. They own the two properties on the corner of Southwest 13th and Coral Way; that's T6-8. We're not applying for any zoning or comp plan change as to these properties. We are seeking to rezone this property from T3-0 to T4-L. Now, what we're seeking to do is construct a 57-unit residential condominium with retail on the ground floor. Currently, what you have here is a 60-year-old office building, which is in rather dilapidated condition, and that would be demolished in order to make way for the residential condominium with eight stories on Coral Way. Now, this property to the rear has been a surface parking lot for about half a century; for about 42, 43 years. We found the evidence in the City's records that clearly indicates the permitting that was obtained to pave that lot in the early '70s. So all we're seeking to do is basically rezone to T4-L, which would allow us to replace parking with parking. So all we're seeking to do is build a three-story parking structure on this lot in order to be able to service the condominium that would be located to the north; so, again, no zoning change to the properties on Coral Way; only to the rear parcel. Now, you might ask yourself if we're rezoning the property to T4-L that that might bring in other uses that might not work with the neighborhood, such as retail, or office, or other commercial uses. So to address that, we're proffering a covenant, which is in the file, which makes it clear that there will be no commercial uses of any kind on this rear parcel, except for the parking, which will be a private parking garage to service the residential lot. You might also ask, well, if we're changing the comp plan designation, will that increase the density of the property and be able to put more units on that lot? Again, through our covenant, we're providing that we will not change the density of what could be done here, so we can currently do three townhouse units, and that's what we're going to do under this project. We're not increasing the density or intensity, even though we're seeking the comp plan change. So the project will be located here; it'll be three townhome liners on Southwest 22nd Terrace; and then, the parking structure, and the entrance and exit will remain on Southwest 13th Avenue, which is the way it's always been for decades. Now, as I mentioned, we proffered a covenant which would assure that there'll be no negative effects, either from the standpoint of new use, or intensity, or a change in the physical character of the area, and those are basically the three main issues that you would look at in a rezoning. Are we bringing s new use to the area? The answer is, no. It's been parking for 50 years (UNINTELLIGIBLE) 45. We're keeping it as parking. Are we changing the physical scale of the area? Again, the answer is, no. We can currently do townhomes on that lot, and all we're seeking to do is add one more story. You can do two stories. We're now seeking to do three, that's it. And then lastly, are we increasing the intensity of what can be done on that site? And again, through the covenant, the intensity is remaining the same. Now, the support of the community is obviously important, and we're glad to say that we have, ready to turn into you tonight, 60 letters of support from members of the community, and we're going to distribute that now, so it's clear to the record that's six -zero, 60 letters in support, and I know that there's other individuals who will be here, as well, to speak in favor. Now, one of the issues that we brought out in a letter I submitted to you last week are the great economic benefits that this project will bring. For starters, we're taking a 60-year-old office building, and knocking it down, and replacing it with brand new construction. This is an area of Coral Way that, frankly, is a bit dilapidated and tired looking. This will bring an infusion of new construction, investment, and hopefully, serve as a catalyst for future construction in this area. The surface parking lot that we're seeking to change is a rather unattractive asphalt lot that I understand also attracts homeless and (UNINTELLIGIBLE)in the evenings; naturally, that would be changing with the construction of the new property on that site. Then we had an economic study done by Andy Dolkart, who's a well-known economist, and I think the results are pretty staggering. First, if we do this project, the property taxes being generated by these properties will increase nine times. City of Miami Page 125 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 So we took the amount of property taxes that are being generated by these properties now, factored in what we're going to be doing. It'll be nine fold increase in real estate taxes. Second, we're scheduled to pay, if the project goes forward, $408, 000 in impact fees to the City of Miami. Third, there'll be dozens of jobs created, both with regard to construction, and post -construction. And lastly, there will be a general economic impact of a positive nature of approximately $2 million per year to the City of Miami; $2 million economic impact, favorable to the City of Miami. Staff is recommending in favor of this application, and we appreciate the fact that staff with their professional advice and analyses, have recommended in favor, and is happy with our submission. Now, before I close and turn it over to a couple of our consultants to speak briefly, I would like to address some concerns of other individuals who have expressed some objection, and they have a few objections. I'd like to go over those with you quickly, but what I would say in general is we should remember to focus on the specific application in front of the Commission. The concerns of the individuals who are opposing the project generally are not focused on the specific merits of this application, but rather on their dissatisfaction with more general issues that have nothing to do with this project. So, for example, they will come up here and tell you that traffic in this area is bad. Well, we all know traffic in South Florida is not good and I'm not going to tell you that this somehow is going to eliminate traffic, but the question is: What is the specific effect of this particular project on traffic? And you'll see that the impact is little or nothing on the existing traffic situation. They also discuss other issues about, well, a building on Coral Way would be too high, too much of a problem. Well, the building on Coral Way is T6-8; it's as of right, so there shouldn't be a discussion about whether a building on Coral Way of eight stories is appropriate or not; if you think it's not, there are mechanisms to downzone that street, if that's what you want to do, but it's not the subject of this application, which is just focusing on whether we should rezone a park -- an existing parking lot from parking to parking, and allow this project to go forward. Let me touch on these issues really quickly. First, on the issue of traffic, there will be no significant effect on traffic of any kind, for a very logical reason: We're taking a 60-year-old office building that currently generates traffic; we're demolishing that and replacing it with another building that generates basically the same traffic demand. That's in our traffic study; Richard Garcia will testify to that. It's not a situation where it's a vacant lot, we're putting up a 500-unit building, and there's going to be this dramatic change in traffic patterns. Existing traffic pattern replaced with future traffic demand is basically the same. Secondly, are we changing the character of the neighborhood by developing this project? Remember the three points I raised before: "A," no new use is being brought to the neighborhood. It's been a parking lot for half a century. Secondly, no increase in intensity; and third, we're keeping it at three stories, so it's not going to change the physical character of the area, either. There are some comments from neighbors that this is going to make the parking situation worse in the area, and people may end up having to park on the side of the road. Well, we are not seeking a variance for parking. We're meeting all the parking requirements under Miami 21 for this project, which includes parking for residents, including parking for guests. And then, if you'll notice on -- should be a board up here, as well -- that we're roughly within -- I think it's about a half -mile distance of Metrorail. So in an effort to also incentivize people to use cars less, we are within an area that is not too far from mass transit. Two other quick points: The neighbors also bring up that they're concerned that entry into the covenant will not give them adequate protection. Now, as you all know, a covenant is a common land use tool; it's a legal and binding agreement; and on top of that, it cannot be changed unless you change it at a public hearing. I've been doing zoning work for quite a long time, and the frequency with which covenants are changed by a public body is extremely low. So when you record a covenant on a piece of property, and it can only be changed by the City Commission at a public meeting, extremely difficult to get rid of a covenant. So for all intents and purposes, it's a permanent document that is not going to be changing. And then lastly, what we do -- we discussed this briefly, as well -- there was a comment about building eight stories on Coral Way, and that it won't be appropriate on Coral Way. Remember, this application is doing nothing with regard to Coral Way. We're just seeking to rezone a rear parcel with T3-0 to T4-L in order to do our parking structure. The T6-8 on Coral Way is not part of our application, and frankly, is not in front of the Commission. Having said all that, I'd now like to have Rob Curtis from Miami's City of Miami Page 126 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 consultant speak briefly on Miami 21 and the comp plan, and how we comply; and then Richard Garcia will also speak briefly on the traffic study he did, as I'm sure it'll come up with a couple of comments. Chair Gort: Mr. Attorney? Mr. Attorney? Barnaby Min (Deputy City Attorney): Mr. Chair. Chair Gort: I had these applicants -- they visited my office. I want to say here that no discussion took place. Mr. Min: Okay. Chair Gort: Okay. Mr. Min: And you just have to disclose, so if any opposing party or any party wants to have the opportunity to ask questions on that issue, they have that opportunity now. Mr. Tachmes: Yes. Just for the record, then, I would indicate, with regard to ex parte discussions, we did have discussions with each of the Commissioners -- well, I will say we did not have a discussion with Commissioner Carollo. We had a discussion with Commissioner Sarnoff, and Commissioner Gort, and Commissioner Suarez, and we also met with the chief of staff to Commissioner Hardemon, James McQueen; and the subject was to discuss the application; any questions or comments they might have had Mr. Min: And just for the record, for the same reasons expressed by Commissioner Gort, should anyone have the request to ask any questions or clarify the issues that were discussed in ex parte, they can do that at this time. Thank you. Commissioner Carollo: Mr. Chairman, I'm sorry, but since I'm chairing -- I'm chairing now, real quick, I know you reached out to all our office, but I think our office let you know that due to the Jennings Rule, we did not want to participate in any discussions until we're here on the dais. Mr. Tachmes: Understood Commissioner Carollo: Okay. Robert Curtis: Good evening, Mr. Chairman, Commissioners. My name is Rob Curtis, with -- my office is at 7520 Red Road Mr. Min: Mr. Curtis, if you don't mind, just one second I just want to confirm for the record that nobody's objecting, so there's no reason to continue the hearing at this time, based on the ex parte communications. Thank you. Sony, Mr. Curtis. Mr. Curtis: Again, I'm an urban planner, with offices at 7520 Red Road in South Miami. And just as your professional staff has concluded, it's my opinion that this application is consistent with the Miami 21, and the Miami Neighborhood Comprehensive Plan, and it's also consistent with the neighborhood. The subject parcel has been a parking lot for the past 41 years, and its supported uses have been in place for over 60 years. The proposed change will continue the existing parking use, and with the access and egress at the same location, so there's no change of that; in addition, it will also allow the three dwelling units, which are allowed at the 18 units per acre, so it's consistent with the residential neighborhood, and compatible with that. The subject parcel and associated sites are currently underutilized, and they're in need of redevelopment, and that's something that both the comprehensive plan and Miami 21 look at; that's how Miami needs to create its future; through infill and redevelopment. The properties to the north are T6; the City of Miami Page 127 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 parcel -- the properties to the east, the gas station and the retail, are also T6, so you have T6 right now up against T3. Our proposal is to have T4; that's consistent with the successional zoning of Miami 21; the T3 to the next step up to the T4, and then to the T6 across the street. The -- this furthers -- in addition, it furthers the guiding principles of Miami 21. As Mr. Tachmes pointed out, we are within -- we're just outside of a quarter mile from the Vizcaya Metrorail Station; we're within a half mile. Coral Way is -- also has the transit which moves along it. Transit moves down to the Vizcaya. This is an area that the City has designated for transit -oriented development, and this is the type of development that supports that. This will bring -- it will allow for the pedestrians and the bicycles, also, with the type of density which is being proposed. I'd just say, then, in conclusion, the use of the property will continue as from -- will go from parking to parking; it's consistent; access will remain the same; the three residential units are allowed; and therefore, I find this consistent with Miami 21, the Miami Comprehensive Neighborhood Plan, and the neighborhood. Thank you. Chair Gort: Thank you. Commissioner Carollo: A quick question. Chair Gort: Yes, sir. Commissioner Carollo: So other than the three liner units, that parcel right there will only be parking of three stories? Would any of the -- whatever you're thinking of building on Coral Way encroach into that area? Mr. Tachmes: Commissioner, I'm not sure I understand. The rear parcel, we're just doing parking structure with three townhouse liners. Commissioner Carollo: That is it; everything else that you're planning on putting on Coral Way, you're planning on putting it as of right, and not encroaching into the parcel that you're seeking the zoning change? Mr. Tachmes: Correct. Now, on the Coral Way piece, we're putting residential condominium, and retail on the ground floor. Some of the retail will wrap around to 13th Avenue, but it will not extend onto that back piece, so the back piece -- Cathy, you want to put up the renderings? Commissioner Carollo: And you're thinking of doing that as of right, so even if it goes around, you still could do that as of right? Mr. Tachmes: Yes. Everything we're doing on the parcels that front Coral Way are both being done as of right. And we -- this isn't the site plan application, Commissioner, but this is a general idea of what we'd be doing on the rear parcel and the townhomes that would be fronting Southwest 22nd Terrace. This just gives you an idea. These are the homes down 22nd Terrace, looking eastward; and then here is Southwest 13th Avenue, and you can just see the three stories peeking out from the shrubbery that we'd have on that corner. But again, this is not a site plan application, but it's generally the way it would look; they're all within three stories. Commissioner, we will also be having an amenity deck on the -- pool on the roof of that three-story structure, but we are setting that back 60 feet away from Southwest 22nd Terrace, so that there's no issue with neighbors or whatnot, but that's basically it; a parking structure, townhouse liner, amenity deck, and that's it. Now, Richard, would you like to pop up for a minute? A quick comment from our traffic engineer, Richard Garcia. Richard Garcia: Good evening, Commissioners. Richard Garcia; office at 8065 Northwest 98th Street. We conducted a traffic study. Our study looked at comparing the trip -- generation of the existing uses that are on the property and the proposed uses. We found that our project will not have a material impact on traffic. The traffic generation of the existing use is basically the same City of Miami Page 128 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 as the proposed use. There were some like single -digit increase in trips. If you want the actual totals, we have about 14 trips in the AMP (average mean performance), and ten trips in the PMP (peak mean performance), because the actual net difference; however, our traffic study was very conservative since this is a project with a small traffic generation. We didn't take any reductions for transit uses. It's been mentioned that this is an area that can be -- benefit from transit. We didn't take any reduction for pedestrians, bicycle usage; pass -by, since it's going to have some retail use; some of this traffic's already on the road. We didn't take any internalization; or, further, we did not use the person trip reduction, which is allowed here in the City. Our parking structure is going to include parking for residents, their guests, and for retail. Lastly, our project's within walking distance -- a quarter mile; it's about a quarter mile from the Vizcaya Station, and this is like a TOD area, basically, transit -oriented development, so we would expect there would be further traffic reduction, and we don't see that this project would have any material difference on traffic in the area. And with that, I'll conclude. Mr. Tachmes: Thank you, Richard Mr. Chair, that concludes our presentation. If we can reserve about a minute for rebuttal, that would be great. Thank you. Chair Gort: Thank you. This is a public hearing. Luis Herrera: Good evening. My name is Luis Herrera, president of Vizcaya Homeowners Association. I live in 1181 Southwest 22nd Terrace. First of all, I want you people check it out, the 60 signatures that he give to you. I have 30 signatures, owners in that particular place, around in the neighborhood. How come he going to have 60 and I have 30? We have to check it out who it is, like you said, you swear (UNINTELLIGIBLE). I want you to check it out. I want to give you this for the record, plus the signatures we taking before when it coming to the Planning Advisory Board, and the Planning Advisory Board deny this change in zoning. So in this particular place, there is T3, it's residential. Let me show you right here. It's all these trees over here, they want to knock it down. They want to knock it down, all the trees where we (UNINTELLIGIBLE) there. And now, a few minutes ago, you forget about your people, since something for the neighborhood. And anybody asking to saving the neighborhood, and we asking all you, saving the neighborhood. This particular building here, they gave it the chance to change the zoning, the board, he asking for. Look at what he did, (UNINTELLIGIBLE). So they destroy the neighborhood, the character of the neighborhood. So we (UNINTELLIGIBLE) want to support it, the neighborhood like a residential, like it is. Now, two, three weeks ago, we had the same situation in U.S.] and 30 Road. Yeah, 30 Road and U.S.], we got almost the same situation right here, okay? And Mr. Carollo say, "We have to listen to the neighbors." And we have to listen to the neighbors, and we want to you people support the neighborhood, because this zone change and he never mention -- he mention before in top of the parking lot, he going to put some swimming pool. So you got this little house next to the swimming pool, all the noise and everything in there, and then you going to have some people, they come to the neighborhood, there is real estate and we going to support this gentleman, because that's the real estate he want to in the back. They have two property, the same owner. Probably he want to buy the property of this lady, it's real estate, and he selling over there, too. So please, understand the neighborhoods. We want the neighborhood continue like a residential. He mention he going to put two townhouses in the back; 57 unit and two houses in the back, you don't got enough parking lot to do what he supposed to do. We want to maintain it the way it is; neighborhood. Thank you. Chair Gort: Thank you. Next. Anita Thorhaug: Yes. Thank you. My name is Dr. Anita Thorhaug, and I live at 1359 -- Unidentified Speaker: Wait, wait. Ms. Thorhaug: I'm sorry? City of Miami Page 129 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Unidentified Speaker: Wait for the Commissioner. Chair Gort: Go ahead. Ms. Thorhaug: I ask the -- Chair Gort: Go ahead, yeah. Ms. Thorhaug: -- Commissioner Gort, and he said ` jyes. " Chair Gort: Yeah. Ms. Thorhaug: Yes. Chair Gort: Go ahead. Ms. Thorhaug: At 1359 Southwest 22nd Terrace, and I'm representing my nextdoor neighbor, Juan Carlos Mensio (phonetic), too. We are three down -- Chair Gort: You've got to speak into the mike. You have to speak into the mike. Ma'am, ma'am 'll give you a mike. Chair Gort: Ma'am -- Commissioner Suarez: 'll give you a microphone. Chair Gort: -- you got to speak into the mike. Ms. Thorhaug: We are three down from the project, and I have these things to say: We endorse this completely. There are many homeless people who come and make the sanitation -- because there are no bathrooms there -- very bad, and make the safety, especially if you're walking your dogs at night, children are coming back at evening, older people are walking around. And this has been a problem I've owned since 1992, and the homeless people in the parking lot of that building have been a particular problem on this block. And the second is that I think the series of older buildings -- and we would like to participate in this wonderful thing happening to the corridor of Coral Way that's happened from 14th Avenue all the way to 20 -- 37th Avenue, which are these sparkling new buildings; which revibes [sic] with outdoor restaurants, and more people, and more people in the neighborhood. This is a multifamily and duplex neighborhood. In fact, there's nothing but townhouses going up across the street from me; that's exactly what's happening, townhouses are being built all over the neighborhood. And it's only two blocks, as you see from there this particular 22nd Terrace; it's just two blocks long. And at one end is the triangle that's commercial; and at the other end, a long row of townhouses that have been made, so townhouses, in fact, are exactly what's happening in this neighborhood. Everything on the north side of 22nd Terrace is all either multifamily or townhouses, except for those two houses. Everything else in the block, except for those two houses, is multifamily, sir. Chair Gort: Thank you, ma'am. Ms. Thorhaug: So I endorse this completely, and so does my neighbor. Chair Gort: Thank you. City of Miami Page 130 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Carollo: And, ma'am, and your address for the record again, please? Ms. Thorhaug: Excuse me? Commissioner Carollo: Your address. Chair Gort: Your address again. Ms. Thorhaug: 1359 Southwest 22nd Terrace. Commissioner Carollo: Thank you. Ms. Thorhaug: And Juan Carlos Mensio (phonetic) is 1349 Southwest 22nd, and we're three down from the red parking lot. Thank you. Chair Gort: Thank you, ma'am. Yes, ma'am. Beba Mann: Good evening. My name is Beba Mann; 1665 Southwest 21 st Street -- 23rd Street. First, I wanted to congratulate Commissioner Suarez for an unopposed race; that means a lot for the leadership, so thank you. I am the president of Silver Bluff Homeowners Association, which, as Commissioner Carollo knows, falls into District 3. I'm actually three blocks away from this project. Now, the lady that just spoke is a realtor that lives on Southwest 22nd Terrace; and there may be other people that speak tonight, and I would like to know what is their financial interest in this project; have they been hired to sell units; have they been hired to represent the project; have they been hired to do some of the decorations, or landscaping? What is the purpose of their support and financial gain of this project? I -- also, I agree with Mr. -- Commissioner Suarez: Herrera. Ms. Mann: -- Herrera. I'm sorry; a senior moment. That there are 60 signatures that they collected, and I know that they were collecting it in the neighborhood, and nobody signed So I don't know where they came from, because the ones that we are putting into the record are immediately on Southwest 22nd Terrace, and we didn't go up or around; we just went in that area. So just to get back in track, and I'm sorry I went off a little bit; I'm going to have to take off my glasses so I can see my notes. I think you are familiar with the PZAB (Planning, Zoning & Appeals Board) item, that went before them on March 18 and was continued It went before them on April 15; it was deferred. It went before them on May 20, and they denied it twice, because they tried to find a way to make it work, and it didn't. It was a denial twice. They had proposed for 61 units when they spoke; now, it's 58, I believe. Unidentified Speaker: Fifty-seven. Ms. Mann: Now, he's trying to make this particular land use as the only item that you need to listen to; however, if you read the covenant and if you read all the paperwork that they are proposing here, this is tied to the project, and I'm going to explain to you why it is wrong to approve this project, this particular land use change. I have my granddaughters here; they're going to be holding it -- oh, there we go. Okay. Right now, as of right, which is what the attorney is saying, this is what they can build They go right here. They go up two stories; they have to step back; they go up three stories -- it's okay (UNINTELLIGIBLE -- they have to go up three stories and step back; and then they go up three more stories, and they set back. This is what they're allowed to build by right. The moment the land behind them -- this is by right when they're abutting a T3, which is what they're abutting right now. The moment they abut a T4, this by -right project becomes this by -right project. So this is on steroids now. In other words, the back of this building is going to be one, two, three, four, five stories up behind the residents in the area, and as you know, the footprint on the first floor can be a two-story. So this would be a City of Miami Page 131 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 huge monster behind a neighborhood that, when you look at the picture, is two blocks in directions: two blocks west; two blocks south; two blocks north; it's tiny. It would be eaten alive by a project like this. Now, I understand that the zoning on this section of Coral Way between 17th Avenue and 12th Avenue is to a T6-8. I would like to see this Commission follow the Miami 21 plan that we, the residents, fought so hard to make sure that we were protected and put into place, and this is what Miami 21 came up with, okay? So let's say for argument's sake that you want to say, "Okay, there's a parking lot there, it's a surface parking lot. Let's give them a new parking lot." They need to build this by right if they're saying that this change of land use has nothing to do with what they can build on Coral Way, because at the end of the day, that's exactly what they're looking for; to get the 61 units, the 58 units, which they cannot do if they don't rezone the back. Now, I have a question which I would like for this Commission -- Commissioner Carollo: Ms. Mann. Ms. Mann: Yes. Commissioner Carollo: I'm sorry Mr. Chairman, I'm sorry (UNINTELLIGIBLE). Chair Gort: Yes, go ahead. Commissioner Carollo: Ms. Mann, I have a question. Are you saying that if they agree to build what they can right now, as of right --? Ms. Mann: They couldn't, because -- at that height. Commissioner Carollo: Listen. Listen to my question. Ms. Mann: Okay. Commissioner Carollo: You're saying that if they -- if we give them the zoning change, that then they actually could increase what they could build, but my question is, if they build exactly what they can build now as of right, without a zoning change, then you don't oppose having that type of parking structure? Ms. Mann: Well, they can't do that. By -- as of right, their right changes the moment -- Commissioner Carollo: Right, their right changes, but what I'm saying is, even if their right changes and they propose a covenant not to have it changed, to keep the building the same way as what they could build as of right now, would you then be okay with a parking structure? Ms. Mann: No, because they're going to have a problem, because their parking structure is three stories, and as of right, with a T6-8, it can only be two stories out, and then it goes in, so that means that they would have to decrease their parking -- yes, sir -- and they would have to decrease the parking by one story if it were going to match what they can do by right. That -- what I'm showing you here is from Miami 21; I'm not making this up. Commissioner Carollo: Mr. Planning Director, can you chime in? I'm not sure exactly who's correct or not, because I'm seeing counsel here nodding his head, so I just want to -- I just want clarity. I want the facts. I want to know what can and cannot be done. Mr. Garcia: Certainly. And what I'm going to tty to do is I'm going to tty to place an image here. It will show the very same graphic that Ms. Mann was showing a moment ago; that's it. And what she's alluding to -- correctly -- is that at present, there is an abutting condition where the zoning on Coral Way is T6-8 and the zoning on the parcel behind is T3-0. Because that is the case, then this is a diagram on the bottom right-hand corner that shows those two abutting City of Miami Page 132 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 conditions and how they can be managed. And what she's referring to -- Ms. Mann -- is that the T6-8 parcel by right can go up only two stories, and then it has to step back 25 feet away from the property line for stories three, four and five, and then step back further. Commissioner Carollo: I understood that part. Mr. Garcia: Yeah. And so I think what she's saying in response to your question about them being able to develop as of right T6-8, what they can do today is that they will be restricted in T6-8 to do only two stories, closer to the property line, and if the parking structure they're proposing to build is three stories, there would be a lack of coherence between the two-story podium on the T6-8 side and a three -stove parking structure. I understand your comments to be -- well, I don't want to interpret your comments; you can certainly speak to those -- but that's the misalignment that I think Ms. Mann is trying to describe. Commissioner Carollo: Is that right? Ms. Mann: That's correct. That's correct. They -- once they abut a T4, they can mushroom. (UNINTELLIGIBLE). Now, if you say to them, "Okay, we will give you this, but you have to maintain what you would have been able to build had you not received the T4 designation in the back, " they cannot have a three-story parking lot, because it would not match what is allowed as of right. Commissioner Carollo: So (UNINTELLIGIBLE) anyway, so that was my original question. Mr. Tachmes: Can I respond to it? Commissioner Carollo: Sure. Mr. Tachmes: Honestly, Commissioner, I didn't quite understand Mr. Garcia's explanation. We -- the idea would be we would construct an 80-unit building on the property on Coral Way. A unity of title would connect it to the parking lot to the rear. It would be T4. We would limit it to three stories, and would connect to the residential building to the north; very simple. Ms. Mann: But how can you do that if you're only allowed to go up two stories? Chair Gort: Listen, listen, please wait. Excuse me, ma'am. Ms. Mann: I'm sorry, I'm sorry. Chair Gort: Let's follow the procedures. Ms. Mann: I apologize. Chair Gort: Go ahead. Mr. Tachmes: I understand her concerns. Commissioner Carollo: You know, I thought that what she was saying is what you just mentioned but apparently not, because she feels that it is incompatible, because you can only go two stories for the first section of the rear property, and the parking lot will be three stories, so -- Mr. Tachmes: With a unity of title, that wouldn't apply. I'd defer to Francisco. Commissioner Carollo: Mr. Garcia? City of Miami Page 133 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Garcia: Let me -- if I may ask a question of the applicant to make sure that 1 can reconcile the two points of view, and it may be simple to do. I would ask you the following: To phrase it the other way around, is it your proposal that the building on the T6-8-zoned part of the site rise to three stories or to five stories before hitting that 25-foot setback? Chair Gort: Five. Mr. Tachmes: Let me let our architect respond. Ralph Puig: Ralph Puig, architect; 13505 Southwest 99th Place, Miami. The parking structure, which is the connector between the proposed T4-L and the T6-80 [sic] will be 40 feet high, which is a three -stove structure; that's the connector. None of the allowed T6-8 condominiums will be intervening inside T4-L; matter of fact, that structure will be more than 70 feet -- almost a hundred feet away from the T4-L zone, so I don't really understand the issue of how -- I mean, we need the parking. Let's put it this way: We need the parking for the condominium. We need that space to have the -- it's 53 units. Let's put it this -- it's 54 units on the condo and three units on the townhouse units, so it's not 60 or 61, so forth. In order for us to do the condominium with 54 units, we need the parking requirements, which are three stories, 40 foot high parking structure that would be not seen from the street, because we have a liner, which are the townhouses; that's what we're asking for. Now, the building that's there right now, if we would actually, by right, build the townhome units, the office building becomes obsolete. Why? We will never meet the parking requirement for that office building, so we're trying to get a solution through the actual problem that exists right now on that site; that's the design. Chair Gort: Well, especially what I want to do -- Ms. Mann: Mr. Chairman, can I just continue my presentation? Chair Gort: Yes, go ahead. Ms. Mann: Thank you. Okay. At the end of the day, this is all about making what is on Coral Way, the T6-8, fit what they want to get as far as their profits. This is about profits versus quality of life. Again, in order for them to get that parking lot, which is the whole basis of the connector, which will make the T6-8 a little fatter on Coral Way, he's talking about 40 stories. Have you seen what 40 stories is behind your back yard? Ana Gelabert, when she was Planning director, came to my house and saw one of these McMansions, which was 25 feet in my back yard, and because of the way it's cut, it's five feet from my back yard. It is insanely big when you have it in the back yard. Now, imagine 40 stories, just looking in your back yard; it's massive. Miami 21 designed this to protect the residents, to protect our homes. This is our biggest and only investment. This is where we put our money. This is where our children were raised. Commissioner Carollo, this is your district; you live in this area. Commissioner Carollo: I know it very well. Ms. Mann: And you know it very well, and you know exactly how small this neighborhood is. Now, Coral Way is a historical road. It is a beautiful road. You, as the keepers of Miami, right now should make Coral Way one of the most beautiful and quaint roads in the City. It doesn't have to be a condominium canyon. The T6-8 is designed so that it's quaint, not that it's massive, so I really hope that you consider this application on the basis of a denial, because we have worked very hard with PZAB's to get to this point. Chair Gort: Thank you, ma'am. Ms. Mann: Thank you. Chair Gort: Anyone else? City of Miami Page 134 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Grace Solares: Hi. Grace Solares, 50 Southwest 30th Road I totally support the opposition of the neighbors to this application. It's more or less like the one that had came before you about a couple of months ago, change from T3 to T4 in a residential area. Not only do I support the neighbors who have actually spoken here today; this is for the neighbors that have signed, 60 or 90 of them in opposition, asking you to please deny this application, so I support that denial. Thank you. Chair Gort: Thank you. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: It's my understanding that 60 signed in support and about 30 signed opposing. I haven't seen the ones that signed for opposing yet. I think they were given to the Clerk, butt haven't seen them yet, butt will. Chair Gort: Next. Maria Sol Romseo: Good evening. My name is Maria Sol (UNINTELLIGIBLE). Ilive at 2262 Southwest 16th Avenue. Thank you very much. And I move -- I purchased my home in 2008 and I been fortunate to see the way the neighborhood has been changing. I really support the project because during this period and these years, I have seen the revamp of the area. There's new houses, new families, 'specially young families with children moving into the area, making this new houses and new constructions their home. So particularly, what the structure that we see today, I cannot walk around there, because at night, even though it's a private parking lot, in turns to be like a gathering place where you are really afraid to walk by, so for me, I totally approve this project, because I think it's going to bring like a lot of value to the area, so the new constructions are giving the new vibe that this area really needs, 'specially for the little small business that we have on Coral Way that needs to (UNINTELLIGIBLE) all the community, and there's more people coming and coming, so by the way, I as well am here representing my neighbor, Ana Gordon, 2264 16th Avenue. You could see the papers and the signatures. Thank you. Chair Gort: Thank you. Next. Mr. Tachmes: Mr. Chair, this is -- Ms. Mann: Mr. Chairman, could you ask whether -- Chair Gort: The address is here; we'll check it. Ms. Mann: No, no, no, not the addresses, but if they're working for the developer or they're working for the applicant. Mr. Tachmes: (UNINTELLIGIBLE). She got (UNINTELLIGIBLE) to speak. Chair Gort: Excuse me, I'm conducting the meeting, all right? Please settle down, relax; we'll go through the whole process. Everybody will get a chance to speak, everybody will get a chance to ask questions, and everybody will get a chance to answer questions, okay? Thank you. Next. Albio Castillo: My name is Al -- City of Miami Page 135 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yes, ma'am. Mr. Castillo: Yes, sir? Sorry, sir. Chair Gort: No problem. Mr. Castillo: Thank you. Chair Gort: Yes, ma'am. Migdalia Pena: Hi. My name is Migdalia Pena. I live in my current address, 2150 Southwest 16th Avenue, and I agree with this project, because I get informed that they going to construct apartment building in this area, and this is an old building, and going to build (UNINTELLIGIBLE), and then it's -- there is a public area with -- that are located offices in this place, and I think -- I saw the project, and I -- it look beautiful for the Coral Way area, and building those apartment there is going to be less traffic and (UNINTELLIGIBLE) going to be the area of sorrow, more sorrow. Thank you. Chair Gort: Thankyou, ma'am. Anyone else? Yes, sir. Mr. Castillo: My name is Albio Castillo. I live in 2235 Southwest 16th Terrace. The problem that I see in some areas is the parking, that it will intrude somewhat to the neighbors. And also, I believe that Coral Way is heavily traffic. I have a problem walking. I'd like to know if he lives in that neighborhood, trying to cross Coral Way. I believe he doesn't live there because trying to cross Coral Way, you're putting your life in danger. So that's my problem I see. And also, I'd like to know, is the parking, have they done a traffic stuck, because it's going to interfere with Coral Way. Chair Gort: Thank you, sir. Mr. Castillo: You're welcome. Chair Gort: Next. Luis Morales: My name is Luis Morales. I live at 1143 Southwest 22nd Terrace. Some years ago when Miami 21 started its first steps, I went to several meetings (UNINTELLIGIBLE), and the people who present the plan said there was a silver bullet, that everything was in there, that nothing else have to be discussed (UNINTELLIGIBLE) was there, so I don't (UNINTELLIGIBLE)understand why, if everything is in there and this is not allowed by the Miami 21, we are even discussing this now, because we spend a lot of money and a lot of time on this plan instead of fixing the wonderful, but we (UNINTELLIGIBLE) -- we cannot Fix it because it's happening -- change so much that it's impossible to be fix. And now, we are changing the new one after spending so much time and so much money. Thank you. Chair Gort: Thankyou, sir. Next. Anyone else? Emilio Sanchez: Hi. My name is Emilio Sanchez; 1331 Southwest 22nd Terrace. I just want to ask you to give us the same consideration, the same attention you gave the Overtown community. We want to keep our neighborhood; we want to keep our style of life, so we hope that you will bring the right decision on this issue. Thankyou. Chair Gort: Thank you, sir. Next. David Rodriguez (as translated by Maribel Alonso, official Spanish Interpreter): Good afternoon. City of Miami Page 136 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: You got to speak in the mic. Mr. Rodriguez (as translated by Maribel Alonso, official Spanish Interpreter): My name is David Rodriguez. I live at 2400 Southwest 27th Avenue. Yes, I'm here to support the project. I would like to see the area becoming more modern, as it has been lately on 27th Avenue and on Coral Way, and this building is located in that area. Considering that this building is so very quite old, it's going to become more modern and it's going to be renewed, so I do support the project. Chair Gort: Thankyou. Mr. Rodriguez: Thank you very much. Chair Gort: Next. Nora Tenny: My name is Nora Tenny, and I was listening to the -- your also patient involvement with the Overtown issues, and those were big issues, and I hope that -- because we're a little area, and because my house is right next to this project that they're proposing, it's important to us just as much, and to me, personally. I don't think that any of us, whether you are out in 27th Avenue or if you -- that's pretty far away from this project, but I think all of us would love to have renewed buildings; we'd love to have new construction, modern; we want to get rid of the homeless issues, of course, but we love the idea and we are for that; I am personally for that. I think we all bought our homes in this area already thinking about processes for the future that way. However, even the townhomes that are being built on our blocks are two floors, and that's the limit of townhomes. We would not be opposed to having them build a townhouse next to my house that's two floors, as well. It would go along with the way the neighborhood is right now. But three floors, that's going a little bit more, and it would be out of character for our blocks, even though it's small. It's a small item to request them to go from three floor townhouse to two floor townhouse. We're -- I'm in favor of that, that's fine. Like I said it's a beautiful project. They proposed this to us, they showed us. There's an issue of the gas fumes when you have more parking on elevated floors abutting to our house, my personal home, as well. They projected to me, personally, that they would consider even having a small playground area for children, trying to entice me to favor this. And I say this -- that's wonderful, but that's not what they are really behind their thinking. We don't disagree. There is obviously problems with the traffic; however, if you live there, you know that already, the traffic can go two blocks of a lineup of cars along the 3rdAvenue Corridor to getting to to U.S.1, and there will be a lot more cars there, because now you're all talking (UNINTELLIGIBLE) buildings, you know that they're going to be there all day and all night while the businesspeople are there only during the day, and that parking that is usually very empty, a lot of empty people -- I don't know what -- they're not using all the offices, but I know there's going to be a big change regarding that. Chair Gort: Thankyou. Ms. Tenny: So I want to thank you for, you know, considering this -- (Comments in Spanish). It is my home. I'm right next to it. I'm just picturing this three floor parking or -- right next to a lot of gas fumes coming right into that corner. Thank you very much. Chair Gort: Thankyou. Ms. Tenny: Appreciate it. Chair Gort: Next. Mr. Tachmes: Excuse me, Mr. Chairman. I'd like to cross-examine the witness with a couple of City of Miami Page 137 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 questions. If you'd like, I could do it at the end. Chair Gort: Yeah, why don't you do it at the end? Mr. Tachmes: Okay. Chair Gort: You want to cross-examine her now? Mr. Tachmes: Sony, sir? Chair Gort: You want to cross-examine her now? Mr. Tachmes: Yes. Chair Gort: Maria. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: The only thing is I don't think the witness is an attorney, so if we're going to start cross-examining, I am then going to also ask what -- Chair Gort: Let the attorneys -- Commissioner Carollo: -- someone did ask, and I would ask then that everyone that spoke in favor disclose if they are working somewhere with your company or if they're receiving some type of financial gain from being here, or if this is actually built, would they -- are they potentially going to get some financial gain? In other words, if a realtor -- one of these persons is a realtor and came and spoke in favor of it, stuff like that. And I just want it to be fair. You know, I've been quiet about it, but you are very well law -- attorney, and I don't think she's an attorney, so I kind of feel, you know, hesitant. I want the facts to be out there, but -- Mr. Tachmes: Okay. Commissioner Carollo: -- I want it to be both ways. Mr. Tachmes: I'm not aware of anyone who's spoken on our behalf who has a financial interest in the project. Chair Gort: All right, thank you. Ask your question. Mr. Tachmes: Oh, except for our architect. Commissioner Carollo: No, I don't mean your professional -- Mr. Tachmes: I just want to ask a couple of questions of Ms. Tenny. Ms. Tenny, is it true that we had discussions with you to purchase your home on behalf of our client? Ms. Tenny: Yes, you did Mr. Tachmes: And isn't it true that we had an agreement at a certain price, so then you asked for a million dollars for your home? Ms. Tenny: No, that is not true. City of Miami Page 138 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Tachmes: You're under oath. Ms. Tenny: That is not true. I swear, because that was original -- originally, but we said, no; we decided not to sell at all, not even if you gave me five million. I said to you, we're not, because I want to keep my home. There's no place else to go. Mr. Tachmes: Right. But there was a discussion where a million dollars for your house came up, did it not? Ms. Tenny: You wanted to offer much less, like 500, 000. Mr. Tachmes: That's true. You didn't speak to my partner and ask for a million dollars for your home, even if you changed your mind later? Ms. Tenny: No, no, that was not originally the case. Chair Gort: She answered your question. Mr. Tachmes: All right. Thank you. Commissioner Carollo: She answered your question. Chair Gort: Next. Go ahead. Cesar Amaya (as translated by Maribel Alonso, official Spanish Interpreter): Good afternoon. My name is Cesar Amaya. I live at 1292 Southwest 21 st Terrace. It is well-known to everyone that housing has been going -- expanding vertically. Urban development, in particular in cities like Miami, has been growing now with this need more than anything. I believe there are many people here who may be against the project, and they wouldn't dare to go there after the sunset, because the lighting is no good, and there are many people -- many problems in the area this problem would -- this project would take care of. For people like us, who are trying to look for a better place to live, because we are tenants, we are paying rent, and we were living far away in different places, and we are looking for the welfare of our children, because there is a very good school over there, the K-8 Coral Way. Chair Gort: Thankyou. Mr. Amaya (as translated by Maribel Alonso, official Spanish Interpreter): I believe that we need to have good housing, and this is a very interesting project, and it would change Coral Way. People say that it is a beautiful area right now, and it's not, because it is a great area, and it is depending completely on the businesses in the area, and When they close stores, it's very bad and it's sad. Chair Gort: Thankyou. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: IfI may. Could he give his address for the record? Mr. Amaya (as translated by Maribel Alonso, official Spanish Interpreter): 1292 Southwest 21st Terrace. I live the building exactly right across the street from where I live; it is right in front of me. And I really hope that you take into consideration the opinion of people like me, who are City of Miami Page 139 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 trying to get a better quality of life. Commissioner Carollo: And just out of curiosity, has he been offered a unit there or anything like that in -- a reduced rate or anything, just out of curiosity? Which isn't necessarily a bad thing, by the way, so I just -- I'm just curious. Mr. Amaya (as translated by Maribel Alonso, official Spanish Interpreter): Not at all. I heard about the project -- Commissioner Carollo: Yeah, and just real quick, let him know that it doesn't mean that it's necessarily bad. I mean, you know, I don't want to say "affordable housing," but, you know, it's a way of helping out residents for that area, but -- Mr. Amaya (as translated by Maribel Alonso, official Spanish Interpreter): No. I wish that -- today, there are so many people are here from both sides, that those, like me, who are here today giving our opinion would take it into consideration in the future when they build the project. Chair Gort: Thankyou. Commissioner Carollo: Thankyou. Chair Gort: Yes, next. Carlos Ferraro: Hi. My name is Carlos Ferraro. I live in 1339 Southwest 22nd Terrace, which is two houses away from the project, and -- yeah, right next to this house. We bought that house about a year and a half ago. We like the neighborhood, you know. We love the character of the houses; they are houses from 1936. So we really love how they are, how they're built. We like our neighbors. My kid goes to Coral Way Elementary. Sometimes, we walk, and we actually go by that building, which is awful, terrible, you know. When we heard about the project, we liked it. We embrace the fact that they can tear that building down and build something different and make it better for our neighborhood. However, we are concerned on the fact that, you know, to have a massive building just behind our house, you know, going out to our back yard and having this, you know, monster in front, and we've seen it in 17th Street with (UNINTELLIGIBLE) -- you know, Coral Way, where the Marathon -- Unidentified Speaker: Twenty-sixth Road. Mr. Ferraro: Twenty-sixth Road, yeah, where Marathon Gas Station is, so we really -- we are not opposing the project; I don't think any of our neighbors are. We like it. We -- obviously, we also made an investment. We don't want to sell our house tomorrow. We like -- we would like to live there for a little bit longer, and obviously, have our house get a better value. But we don't think that's going to happen if we have a massive building just behind us. How can I sell my house if you know, we have -- I don't know how many people just looking over us? So we -- and as a previous neighbor said, if they can build it as it is now, we are for it. We are for changes, for getting a better neighborhood. We -- you know, we love it there, but not just like this. Well, that's it. Chair Gort: Thankyou. Mr. Ferraro: Thank you. Chair Gort: Thankyou, sir. Anyone else? Lizbet Gomez (as translated by Maribel Alonso, official Spanish Interpreter): Good afternoon. My name is Lizbet Gomez, and I live at 1782 Southwest 21 st Terrace; Zip Code, 33145. I am City of Miami Page 140 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 here today for this hearing because I would like the project to be approved. I like it very much. It is a beautiful project, and I have been living in this area for a long time, and I would also like to have the option to purchase. And another reason why I support this project is because of safety, because of the safety that this project is going to bring to the neighborhood. Thank you. Chair Gort: Thank you. Next. Jose Gonzales (as translated by Maribel Alonso, official Spanish Interpreter): (UNINTELLIGIBLE) Ms. Mann: He's been living at that address for 22 years. Barnaby Min (Deputy City Attorney): Ms. Mann, we have a translator. Ms. Mann: Oh, great. Excellent. Thank you. Chair Gort: You were doing good. Mr. Gonzales (as translated by Maribel Alonso, official Spanish Interpreter): I've been living there for 22 years. I -- evety night, I go by that place that the other gentleman said that you cannot go by there at night, because it's not enough lighting. Igo by that place evety night. All those people who spoke before, they are not owners, and they do not live in the area, and they do not live in the area, of course not. If that project is beneficial or detrimental to the neighborhood, they're not going to be benefited or they're not going to suffer anything. We -- the owners are the ones who are going to be affected. If you accept, if you approve to change the zoning in that piece of land, then they're going to purchase the next lot, and they are going to do the same thing. They're going to change the zoning now, and this is going to be a domino effect. They have tried to harm that neighborhood in many different locations; first, on 32nd; and now, they want to change something that is like a duplex; they want to make it like a parking lot, and they want to make different changes there. Perhaps some of you live in the area and you know very well what I'm talking about. I believe it is time for us to protect our houses and our properties, which is the only thing that we own. Chair Gort: Thank you, sir. Mr. Gonzales: Thank you very much. Chair Gort: Anyone else? Anyone else? No. Close the public hearings. You got a few minutes for rebuttal. Mr. Tachmes: Thank you, Mr. Chairman. Mr. Chairman and Commissioners, let me just be brief. And hopefully, I can try to refocus what the issues are; looks like there's been a lot of discussion; it's kind of gone all over the map. Just to reiterate the issues involved, the individuals who claim that they don't want to live next to a tall building on Coral Way, we're not changing the zoning on Coral Way. They purchased a home knowing it abuts T6-8. We'd be fully within our rights to build a T6-8 building of eight stories, so for someone to complain that they don't want a building looming over next to them, we're not making any changes; that's in the Code right now. Second issue, as I mentioned before, the only change we're making is to the rear parcel to go from a two-story maximum, which is what we can do now, to three stories, and we're simply putting a parking structure where there's been parking for about half a century. With regard to the comments of Ms. Mann about the setbacks, we're going to be doing a unity of title; we're going to be doing a three-story parking garage and connecting it to the buildings on Coral Way. Whatever the Code is we're going to comply with. As I said we're not making any changes to the Coral Way zoning. We're not requesting any changes to the Coral Way zoning. And then lastly, I would just say, you know, let's try and understand that there are zoning criteria City of Miami Page 141 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 for a rezoning and a comp plan change. We presented a traffic study indicating there's no negative impact. You have the evidence from your Planning staff which says that this is something they would support, given the covenant we're supporting. There's tons of evidence indicating that this is a rezoning of the comp plan that should be granted; frankly, no competent substantial evidence saying to the contrary. I'd respectfully request an approval. Thank you. Chair Gort: Thank you, sir. We'll now close the public hearings. Commissioner. Commissioner Carollo: I think we have one. Mr. Herrera: Can I say one thing? We don't believe it in (UNINTELLIGIBLE). Chair Gort: Okay, thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Okay, so we got a good dose from both sides. As, I think, Mr. Herrera said, that we need to look at these signatures to see what's what, because it seems that we've got quite a few signatures on both sides, and I would probably want the opportunity to see exactly what there is. I will tell you this: I do share some of the residents' concerns, and it's not just about the T6-8; it is about the three-story parking garage. I will tell you, I think at least that gentleman right there -- I'm sorry, I didn't catch your name -- and I think a few others that live right there in the areas did mention that they don't necessarily oppose the project, but they're just, you know, concerned. So I am -- and it's a good thing that this is two readings, so I will be willing to approve on first reading; however, however, let me be very clear, that does not mean that there's an automatic "yes" for second reading. I think you should meet Commissioner Suarez: Second. Commissioner Carollo: -- with the residents to see if there could be some type of compromise. I ask the residents to be reasonable, and see if there could be a compromise; either way, it's going to come back to this Commission, so we will be hearing it again. And like I said, please do not interpret passing it on first reading that I am for this and we will pass it on second reading. I think it just allows an opportunity for both parties to meet. It gives me an opportunity, like Mr. Herrera said, to really see who signed what, and who believes what, and I think it's the most prudent way to move forward; not to mention that it's 7 o'clock, and we still have other items; not to mention that we still haven't even started our second budget hearing, so with that said, I make a motion to approve PZ.8 on first reading. Commissioner Suarez: Second. Chair Gort: There's a motion and a second Any further discussion? 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.8. Commissioner Carollo: Mr. Clerk, before you read roll call, Mr. Garcia, when do you foresee this coming back to this Commission? Mr. Garcia: Sir, I would suggest, pursuant to your earlier motion, that they be given some time to meet with any -- City of Miami Page 142 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Carollo: Exactly. Mr. Garcia: -- of the stakeholders, and so, perhaps in the October meeting. Commissioner Carollo: We're in the second -- in the second meeting of October or in November. I would prefer -- Mr. Garcia: Whichever you (UNINTELLIGIBLE). Commissioner Carollo: -- November. Chair Gort: November. Commissioner Carollo: I would prefer November, okay? Thank you. Mr. Hannon: Roll call on item PZ.8. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes, but let me just make a quick explanation. First, I have to make a Jennings disclosure. The party did come and visit with me in my office. I want to say, though, one thing, and it sort of echoes what Commissioner Carollo said. It was not mentioned to me at that meeting that a unity of title was needed to get a higher volume on the second -- Chair Gort: First. Commissioner Suarez: Right, on the front lot. In other words, let me just rephrase that, and I don't think anything was misstated. I don't want to give that impression either. The front lot's a T6-8, but what did strike me as new news was that T6-8 without a unity is different than T6-8 with a unity, and so I just want to clarify that; that was never mentioned in the meeting. I'm not saying that that was -- I think you should leave it at that; it wasn't mentioned So it wasn't mentioned that that was a T6-8 on the front lot, and it was mentioned, you know, that simply, what they wanted was a T4 with a restrictive covenant in terms of the height that would restrict it to the third -- you know, to the three floors, so that was all accurate; that just -- that additional piece of this information was not shared at the time, and I just, you know, want to make that clear for the record. Thank you. So, yeah; yes, on first, with the same caveats as Commissioner Carollo. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Gort? Chair Gort: Let me explain something, which I think is very important. A lot of good points have been brought by the neighbors in there. Those are your neighbors. Those are the people you have to work with. There is a difference when you have a unity of title. You can go up five floors before -- when you set back. If you don't have a unity of title, you're only allowed to go City of Miami Page 143 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 two floors, and that's it; then you got to go setback for the other third floor, so there is a difference. So my understanding is you better sit down with the neighbors. There are a lot of problems within that area, within the parking lot; maybe you can come up with an idea that can please everyone. I've seen that taken place in the past. Thank you. Yes. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.9 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. 15-00057zc SR Fact Sheet.pdf 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] 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: Two individual motions to recommend approval failed on May 20, 2015, by two separate 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 Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Commissioner Carollo: PZ.9. Unidentified Speaker: You're going to do the companion? Chair Gort: Yes. Commissioner Carollo: Yeah. City of Miami Page 144 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Yeah. Commissioner Carollo: PZ 9. Move PZ 9. Commissioner Suarez: Second. Chair Gort: Been moved and second Commissioner Carollo: Open up a public hearing, please. Todd B. Hannon (City Clerk): The public hearing was actually held for PZ. 8 and 9. Commissioner Carollo: Okay. Chair Gort: Right, yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.10 ORDINANCE First Reading 15-00061 Iu 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 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-000611u Analysis, Maps & PZAB Reso.pdf 15-000611u Application & Supporting Docs.pdf 15-000611u Legislation (v2).pdf 15-000611u Exhibit.pdf LOCATION: Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00061zc. City of Miami Page 145 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will change the land use designation for the above properties from "Medium Density Restricted Commercial" to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ 10 was deferred to the November 19, 2015, Planning and Zoning Commission Meeting. PZ.11 ORDINANCE First Reading 15-00061zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE PROPOSED AMENDMENT OF THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00061zcAnalysis, Maps & PZAB Reso.pdf 15-00061zcApplication & Supporting Docs.pdf 15-00061zc Legislation (v2).pdf 15-00061zc Exhibit.pdf LOCATION: Approximately 3101,3111,3125,3131,3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. Item includes a covenant. See companion File ID 15-000611u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will allow a zoning designation change for the above properties from T5-L to T6-8-L. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.11 was deferred to the November 19, 2015, Planning and Zoning Commission Meeting. City of Miami Page 146 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 PZ.12 ORDINANCE Second Reading 14-01304zt1 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 SR 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 a vote of 8-0. PURPOSE: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the Miami 21 Code to emphasize the intent of the Code by introducing language to clarify that the time extension on nonconforming uses is measured from the time that the Use became nonconforming. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13566 Chair Gort: What's next? Francisco Garcia (Director, Planning & Zoning): Yes, sir, I believe the next item is PZ.12. Item PZ.12 is before you, Commissioners, on second reading. It is an amendment -- a proposed amendment to Miami 21, the Zoning Ordinance, pertaining to nonconforming uses; qualifying that nonconforming uses become nonconforming on the date in which the regulations changed, and that is also the date when the 20-year sunsetting clause begins to toll. Miami 21 did not have any effect on that toll period; that is already the case. This is simply clarifying language. We're recommending approval, as did your lower boards. Chair Gort: Nonconforming. This is for 20 years. Mr. Garcia: Yes, sir. Chair Gort: After 20 years, it's out. Mr. Garcia: That is the presumption. There are certain mechanisms that allow some of those -- some of the nonconforming uses to be extended but those are rare exceptions, and they do come to you before that happens. City of Miami Page 147 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: So move. Commissioner Suarez: Second. Chair Gort: Been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Anyone in the public would like to address this one issue? Anyone in the public? Seeing none, hearing none, we'll close the public hearings. 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 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.13 ORDINANCE First Reading 14-01 076zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ARTICLE 1 "DEFINITIONS" AND ARTICLE 4 , TABLE 4, DENSITY, INTENSITY AND PARKING, "STANDARDS & TABLES", OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, KNOWN AS THE MIAMI 21 CODE, TO UPDATE THE DEFINITION FOR TRANSIT CORRIDOR AND TO MODIFY STANDARDS FOR PARKING REDUCTIONS APPLICABLE IN TRANSIT ORIENTED DEVELOPMENT, TRANSIT CORRIDOR AREAS AND STRUCTURES OF 10,000 SQUARE FEET OR LESS AS HEREIN DESCRIBED, RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-01076zt1 SR Fact Sheet.pdf 14-01076zt1 PZAB Reso & Supporting Docs.pdf 14-01076zt1 Legislation (v3).pdf 14-01076zt1 Exhibit A.pdf 14-01076zt1 Exhibit B.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 with modifications on July 30, 2015, by a vote of 6-1. PURPOSE: This will modify the definition of "Transit Corridor" to better reflect services provided by Miami -Dade County Transit and the City of Miami Trolley; and revise the standards for parking reductions within Transit Oriented Development (TOD) and Transit Corridor areas as well as add parking reductions for any new structure with a floor area of 10,000 square feet or less, while continuing to protect residential neighborhoods. Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 148 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Commissioner Suarez: Mr. Chair, PZ.13 is an item that I sponsored. I respectfully move it. It was brought to this Commission in the form of a discussion item previously. It does basically two things: It allows for transit -oriented development by waiver to go in all "T" levels, essentially, except for T3, obviously, from 30 percent to 50 percent by process of waiver, and by payment into a Transportation Trust Fund. The second thing it does is it allows for small buildings with lots of 10, 000 square feet or less to get a hundred percent waiver. So we discussed this on -- we had a discussion item; we brought this before the Commission. The exhibit that's attached shows pretty much how it operates, so I would respectfully request that we pass it on first reading and if anyone has comments, questions, or concerns that we address them between the first and second. We have a ton of speakers in support, and we've gotten a ton of letters in support. I don't know from a time perspective whether it makes sense to go through all that, but, you know, I'd like to at least get it passed on first; if there's any comments, questions, or concerns that they be expressed, and we can work on them between first and second. Vice Chair Hardemon: 171 second it. Commissioner Suarez: Thank you. Chair Gort: Been moved and second Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Yeah, the only thing is this is an important legislation, and I don't want to, just because, you know, we have a lot on our plate, and we still haven't even started the budget, you know, run through all this. I mean, this is important. I think there -- I have a lot of questions. I'm not -- I think in the PZAB (Planning, Zoning & Appeals Board), some of the legislation may have changed with regard to actual distance from a quarter of a mile, half a mile to now a transit corridor, so I -- Commissioner Suarez: Yeah, (UNINTELLIGIBLE) that legislation in the discussion item, as well. Commissioner Carollo: -- you know, I have many questions with this, and as a PZ (Planning & Zoning) item, I -- for the most part, I don't, you know, break, or do meetings with Jennings disclosures and so forth. I just go with Jennings Rule, so, you know, I think that, you know, we should have a healthy discussion on this, but I'm seeing from my colleagues that 1 don't think the appetite is there for a discussion on this. Commissioner Suarez: No, look, I -- Chair Gort: My thought is I don't have any problem in passing it in first reading, but as -- remember, when we discussed it, we talked about the Planning Department was going to look at it, and he was going to come back with some suggestion, because I can tell you, maybe you guys don't have any problem in your district. My district, parking is one of the major problems that I have. I mean, people are parking all over the neighborhoods, people are parking all over the place, and if you can commit that the people that go by there or go there that they 're not going to have cars, I don't have any problem. Commissioner Suarez: Yeah. Let me just -- Commissioner Carollo: And by the way, you know, that's the concern -- City of Miami Page 149 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: Right. Commissioner Carollo: -- andl think raised it, the spillover -- Commissioner Suarez: Right. Commissioner Carollo: -- the spillover into the neighborhoods where, you know, all of the off-street parking is taken up by people that don't -- that live there, but they don't have a parking space. Commissioner Suarez: So let me see if I can potentially reconcile this. I'd like to get it passed on first; we did it earlier today on a variety of different items. I understand that there are some concerns, and you've expressed them. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Suarez: That's fine, and I'm respectful of that. So I'm also respectful of the time that all these people have been here, and the effort that's gone into this legislation, because it's -- this has been over a year -long process. Just let me finish. So if you will indulge me to pass it on first, I will ask that second be in late October, and I will schedule a sunshine meeting to discuss the concerns that are relative to your area. Chair Gort: My concerns are going to be with the Planning Department. Planning Department is going to come back to me and let me know how it's going to affect my neighborhood and my district, because I can tell you, I got to talk to the Manager. We have many problems within my district. Commissioner Suarez: Right. Chair Gort: I don't know about you guys, but in my district, I have a lot of problems; people parking on the sidewalk, people parking all over the place, and before, remember, people used to have maybe one or two cars per household. Today, we have three and four cars per household, so this is something we need to go -- where is it going to go? Commissioner Suarez: Right. Chair Gort: Maybe there's places where they can go and it will not affect, but I want to get that from the Planning Department. Commissioner Suarez: I understand, and just to be clear that the small building parking exemption is exempt if it's within 500 feet of a T3, so this will not be in a T3, first of all, so it won't be in a residential neighborhood to begin with; nor will it be within 500 feet of a residential neighborhood, so I just want to clarify that, and to the extent that there are residential parking issues in your district, they really shouldn't be impacted by this; although, you know, I think it merits further discussion; let's put it that way. Commissioner Carollo: And, Commissioner Suarez, I mean, what really would like is -- all these people that did come, I would like to hear them speak, and I know it's not going to be popular with my colleagues, but I would like to hear them speak. I mean -- Commissioner Suarez: I have no problem. Commissioner Carollo: -- a lot of them are from Little Havana, so I would like the discussion to, you know, allow them, yes. City of Miami Page 150 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Suarez: I have no problem with that. Chair Gort: It's up to you guys. I can stay here -- Commissioner Suarez: I'm good I'm good with that, yeah. Vice Chair Hardemon: It's up to the public whether or not they want to speak. Commissioner Suarez: Yeah, yeah. I mean, they have been waiting for many hours. Commissioner Carollo: (UNINTELLIGIBLE) waiting here, I think you should let them speak. Commissioner Suarez: So -- Chair Gort: (UNINTELLIGIBLE) right now. Commissioner Carollo: But -- Commissioner Suarez: Come on up. Let's go. Chair Gort: (UNINTELLIGIBLE) right now. (UNINTELLIGIBLE COMMENTS) Commissioner Suarez: Listen -- Chair Gort: Go ahead right now. Commissioner Suarez: -- I hear you. What do you want me to do? I'd love to just take a vote and they can speak after the vote, but, you know -- would you like to call a vote and we'll -- they can speak after the vote? I mean, that's fine with me, but -- Chair Gort: I don't have any problem. Vice Chair Hardemon: The public floor -- as the public -- the floor is open for public comment. Ma'am, you're recognized. Anneliese Morales: Yes. Anneliese Morales, 337 Southwest 23rd Road; and I also do business on Calle Ocho, 1643 Southwest 8th Street; and (UNINTELLIGIBLE), which is 1500 Block. I -- my profession -- I have no financial gain from this. I do walking tours throughout the neighborhood; and I brought this from my colleague, Bill Fuller of the Barlington Group, who also supports this. This is an actual example of why we support the parking exemption. One is -- number one, the fact that we will have more interactive streetscape; and also, our greatest concern on behalf of the Little Havana Merchant Alliance is the fact that we have a lot of historical buildings that don't have parking existing, so actually, adding the parking is going to create more chaos than what we already have. Another concern is a lot of these parking spaces, the way that they're designed, according to Miami 21, are really being used by homeless people to defecate, and it's not at all accommodating cars; it's accommodating people, and therefore, we should give them a safe haven to live in. Commissioner Carollo: Thank you. Nice to see you again. Vice Chair Hardemon: Thank you very much. Sir, you're recognized. Jorge Damian de la Paz: Good evening. My name is Jorge Damian de la Paz. I'm with the City of Miami Page 151 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Miami Coalition for the Homeless; 140 West Flagler Street, Miami, Florida, 33130. We believe this exemption will encourage the development of much -needed affordable infill housing. According to the Schumberg Center, roughly one in three renters in the City of Miami is spending more than half of their household income on housing cost. This leaves these households with limited resources to afford other essentials, and makes them increasingly vulnerable to becoming homeless. High parking minimums can increase the cost of construction, raise rents, and constrain the development of affordable housing. This is confirmed by the City's draft 2015 to 2020 Analysis of Impediments Report. This report identifies the scarcity of viable vacant parcels as a factor of limiting housing choice in the City of Miami by restricting the construction of new, smaller, multifamily rental developments. Furthermore, this report recommends a parking reduction as a viable strategy to maximize these underutilized lots and bring additional affordable housing units to the market. This exemption (UNINTELLIGIBLE) more affordable, walkable, transit -oriented housing options for low-income households, millennials, and the elderly. We also ask you to consider depositing a portion of any funds collected by this exemption into the Affordable Housing Trust Fund. Through new funding streams (UNINTELLIGIBLE) and smart zoning changes of this parking exemption, we'll be able to more fully address affordable housing needs. Thank you all for your time. Vice Chair Hardemon: Thank you very much. Sir, you are recognized. Jose Fernandez: Hi. Jose Fernandez, 518 North Flagler. I've been involved in real estate for almost 40 years; did a lot of work in South Beach, and bought my first building in Little Havana in '94, and for the last 20 years, I've been working very hard in the community with local people, trying to get the neighborhood to grow and be better, like we did in South Beach, and I hate to say that 20 years later, East Little Havana is probably worse than it was 20 years ago in many ways; dilapidated buildings. We're acquiring approximately 16 lots a year to the demolition of existing houses in the East Little Havana neighborhood, and we are barely building maybe eight to ten new projects a year in the Little Havana neighborhood, which means we are becoming a big area of vacant land, similar to what Overtown has been now for many years, and other areas that are known to be slums, so what I -- the reason I'm supporting this is because I think that this is a chance to kick-start development on very small lots that would have very limited impact on the actual neighborhood, and the -- whatever parking restriction -- whatever parking limitations we might have. In South Beach, we were easily able to solve them with parking permits for the residents, and that's worked very well for the residents there; it's not as good for the visitors who come to South Beach and can't find parking. They have to pay the 20, $30 pop to park their cars, but for the residents, we have parking in South Beach. We can park basically in front of our house because of the residential permits, so that's a very viable alternative to resolving that issue. A six -unit building isn't going to make a big difference, whether it has parking or not. Thank you very much. Mara Hudson: Good evening. My name is Mara Hudson. I was born and raised in Miami, and I currently live in Coconut Grove, but in my early 20s, I lived in many American cities -- New York, Boston, San Francisco -- and I've seen that all the great cities have excellent transit systems, and that's what attracts people to these cities. If we ever want Miami to be a really truly great city, we need to encourage public transit. By requiring parking in every single building, this incentivizes driving. Currently, I don't own a car. I live in a four-story apartment building, and my rent requires me to pay for a parking space, but I don't own a car; I only use public transit, so I'm in favor of this. I'm not a developer; I'm just a graduate student. I think Miami needs to be a walkable community. Vice Chair Hardemon: What school are you at? Ms. Hudson: FIU (Florida International University). Commissioner Suarez: Don't hold it against her. City of Miami Page 152 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: It would have been better if you said the University of Miami. Commissioner Suarez: Don't hold it against her. I went to FIU, okay? Vice Chair Hardemon: It would have been better if you said University of Miami. Chair Gort: I went to FIU, too; that's a good school. Vice Chair Hardemon: University of Miami. Chair Gort: Next. Carlos Fausto Miranda: Good evening, gentlemen. Carlos Fausto Miranda, 690 Southwest 1st Place, Miami, Florida. Mixed use, mixed income, medium density, walkable, that's the vision that we should have for our neighborhoods, for our communities in the urban core. Neighbors are economically, socially, and culturally vibrant and they are capable of sustaining locally grown, diverse businesses. Gentlemen, this amendment, amongst other things, opens the pathway for us to start developing something we need in our community; in particular, in Allapattah, and in Little Havana, which is high -quality lower- and middle -income housing, which we're having a serious issue with in our City, and we shouldn't just have to rely on subsidies, or things of that nature to develop. It also allows us to pave the path to building communities that permit for the future of a carless urban lifestyle. We need to build wonderful communities. This is the vision that this generation desires, and, I believe, a vision that future generations would admire that we passed, so I support it. Thank you very much. Chair Gort: Thank you. Next. Don't be shy, come on. Commissioner Sarnoff It's good; I like that. Raymond Fort: My name is Raymond Fort. I live in Coconut Grove, 2801 Florida Avenue, 33133. I'm an architect, and I've done several studies on small lots that simply cannot be developed because of the parking requirement, and it's an impediment on the future of the City. The lots are empty lots that are just too small to put a parking garage. If you know, most parking garages require large sites, and, you know, many people who small lots that you simply just can't fit it, so with this ordinance, you'd be able to build small buildings and create more walkable streetscapes, which would get cars off the road, and it would allow more businesses and more people to live in a more compact area; thus, further not needing a car, and that's why I support it. Thank you. Chair Gort: Yes, sir. Miguel Soliman: Good evening, Mr. Chairman, Commissioners, ladies and gentlemen. My name is Miguel Soliman. I reside at 1436 Southwest 6th Street. I'm also a business owner in the City of Miami. I'm a contractor and I'm a developer, and a lot of people say that this will encourage development of this nature, and I'm here to tell you that I personally would develop this product, because I see a need for this product. I see an apartment that we're going to be able to rent at a lower rent level because we're not going to have the expense of having to build a parking garage, so we are going to be able to rent that unit cheaper. I also see a lot of old 1920s, 1900 buildings in 50-foot lots with 30 units on them with no parking. Now, we are proposing to take that building, that same lot, and now, being able to give the owner of that lot the opportunity to put 10,000 square feet -- they could put 12 to 15 units on there, and all of a sudden, you're going to have a building full of rats, full of -- an old building that's falling apartment, with 30 residents that have 30 cars, and you're going to lower it down to 12 to 15 residents with 12 to 15 cars, so to address, Mr. Chairman, your comment, this may bring down City of Miami Page 153 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 the amount of vehicles that would be in an area, and it would encourage, I believe, the development, as I stated myself of these smaller lots. Chair Gort: And the rent would be lower. Mr. Soliman: And the rents would be lower. Chair Gort: Good. Okay. Mr. Soliman: Definitely. Chair Gort: That makes sense. Mr. Soliman: And I'm very much in favor of this project. Chair Gort: That's great; now that, I like, yeah. Mr. Soliman: That, we all like. Chair Gort: Yeah. Mr. Soliman: And that we all need, so I -- Chair Gort: That I would like. Mr. Soliman: -- encourage this project, and I'm in favor of it. Thank you very much. Chair Gort: Thank you, sir. Next. Geoffrey Bash: Good evening. My name is Geoffrey Bash. I -- my homestead property where I live is 448 Northeast 39th Street. The neighborhood is known as Magnolia Park. It's bound by the Bay Point wall to the north; Biscayne Bay to the east; 37th Street to the south and Federal Highway to the west. This neighborhood is five minutes walking distance to the growing Design District and the Midtown neighborhoods. I'm here to support the parking exemption. And what I'd like to explain to you, Commissioner Sarnoff and Commissioner Carollo, I know I have personally walked this neighborhood with me so you know, firsthand that the neighborhood is made up of many, many vacant lots, and we have all kinds of activities there. We have not had a new project completed in Magnolia Park in more than 60 years; however, we do have two on the horizon. They're an example or a result of assemblage of lots, and when this happens, you end up with a much, much larger building, bringing many more cars, and the undesirable effect of parking garages. There are many people who walk to work in the Design District and the Midtown area, and this parking exemption would allow those of us smaller property owners to develop our properties, and you're going to have (UNINTELLIGIBLE) these vacant lots be developed you will end up with much smaller neighborhood friendly places, and so I ask for your support, and pass this proposal. Thank you. Chair Gort: Thank you. Next. Andrew Frey: Mr. Chair, Commissioners, Andrew Frey, 4001 Park Avenue, City of Miami resident. We're all wearing buttons -- most of us -- that say, `I'm a small building, " and that's to represent that there are as many reasons to support this as there are people coming up. You have letters of support in your package from groups as diverse as the Association of Builders and Contractors and -- to Miami Coalition for the Homeless to the Health Foundation of Miami, and when a range of folks like that gets on the same side of an issue -- it's actually more diverse support than I've ever seen for a zoning initiative, so that tells me that it's important. I do believe City of Miami Page 154 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 it's important, and my focus is, as you heard throughout the day, is attracting investment without causing displacement. You have hundreds, thousands of small lot owners throughout the City that literally cannot build anything on their lots. Take the example of an eight -unit development that requires 12 parking spaces, plus ten percent guests, so that's 14 parking spaces; plus a 22-foot-wide drive -out on a 50-foot-wide lot, so that's upwards of 7,000 square feet of surface parking on a 5,000 square foot lot without even putting a building on your lot, and so these lots are basically undevelopable. This would unlock the value of those small properties for the small property owners; make wonderful and textual, fine-grained urban neighborhoods, and I think that's to be encouraged. I do want to hand out a few things. This talks about the cost of parking and what it adds to rent; and then, there's a couple of articles talking about how Minneapolis just eliminated required parking; and Fayetteville, Arkansas, just eliminated required parking, so couple of examples. And I just want to note that City of Miami Beach already has a required parking exemption for buildings up to 9,000 square feet; and Coral Gables has a required parking exemption for buildings up to 1.45 FAR (Floor/Area Ratio), so this is not a weird, you know -- it's -- I understand it's unique, but it's not unheard of so thank you. Chair Gort: Thank you. Yes, ma'am. Brenda Betancourt: Thanks. Good evening to all. Commissioner Carollo: Give one to the City Clerk. Ms. Betancourt: My name is Brenda Betancourt, and I reside at 1436 Southwest 6th Street. I'm supporting these new changes (UNINTELLIGIBLE) because all the empty lots that we have in Little Havana. We have them all around, and unfortunately, we have receive all the homeless from other areas; that they have encroached to Little Havana, and it's terrible to see people sleeping in the sidewalk and not be able to help them. Unfortunate, the situation of having these empty lots increase this problem. I have children, which they are all here with me, because I have to get them to school, and because I want to be present and I want you guys to understand that this is important to clean our area. We need support. We need our Commissioner, Frank Carollo, to please make sure that this is present when we need him. When we call to make sure that they understand the needs of the residents, because if they don't take care of the residents, who are they going to take care? Everybody else is important. The tourist is important, but the residents who are paying the taxes (UNINTELLIGIBLE). So we hope that everybody support it because we need to get these empty lots to be anything else than just one hole for the homeless. Unfortunately, we have in Little Havana. Thank you. Chair Gort: Thank you. Albio Castillo: This is a rare -- yes, my name is Albio Castillo. I live in 2235 Southwest 16th Terrace. This is a rarity for me because I normally do not talk on zoning issue, but in reference to a gentleman that says about those houses, those houses are rock houses, and if he wants to, he could do 15 rather than 16 and try to save the rock houses because they've been here since 1910; very rarely, but the ones from 1920 to 1930 are the most. On a small lot, you could do some parking, but it has to conform to how many car -- I mean, the buildings, you could do a duplex and have four or three parkings, let's say. Thank you. Chair Gort: Thank you, sir. Bill Fuller: Hi. Bill Fuller, 1637 Southwest 8th Street, Miami, Florida, 33135. This was previously shown to you, but I'm going to put it back here on the floor, because it was my -- thank you. Small-scale buildings are the foundation of great neighborhoods. Before you is an example of a rendering of a building that can be developed on a 5,000 square foot lot under the new proposed legislation; and additionally, a handful of buildings that already exist in Little Havana. In Little Havana, we already have small-scale buildings without parking. The people City of Miami Page 155 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 that live in these buildings don't need parking; and more importantly, they don't want parking. They are dependent on public transportation, bikes and walking. These people enjoy their way of life; in many cases, they live, work and play in the neighborhood. We have businesses that thrive without parking, too. Consider the Goodwill on 8th Street that has 23,000 square feet, without parking; the second highest -grossing store in South Florida. With the resurgence of downtown and Brickell, we will have new retailers, hotels, restaurants, and bars to our east. The workforce of these developments will come largely from Little Havana. These folks will not be paying to park their cars in Brickell City Centre while they work. They will not have cars, nor the burden of gas, nor the burden of insurance; no need to park. Small-scale buildings will provide vital infill development to a neighborhood that can benefit greatly from its value. Vacant and abandoned small lots will become active with residences and businesses. Residential units will become more affordable for our seniors, our university students, and the younger generation that will not rely on cars for their transportation. The quality of life for our residents will improve in an environment that encourages small-scale -- small neighborhood interaction amongst its residences and its businesses. I ask you to vote in favor of this initiative so that we can unlock the creativity of our developers, our architects, and our residents, and work together to develop a great small-scale neighborhood. Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Again, I'd urge the Commission, at least support this on first reading, in consideration of the fact that we've been working on this legislation for a long time now. Many members of the public came and waited for many hours. There would have even been more members, I think, had this agenda item been heard earlier. You know, we have already parking reduction districts in Wynwood, Coconut Grove, and the Design District, as mentioned earlier here today. What this does is it allows for a developer of a small lot not to have to aggregate it to another series of lots. Chair Gort: Commissioner, you have my vote on the record. Commissioner Suarez: Okay, call the question; speech isn't required. Call the question. 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 13. Commissioner Sarnoff? Commissioner Sarnoff.: You know, I candidly didn't know what I was going to do when I got up here for this, and this certainly provides an affordable way, without government investment, which government can be a hedge for two, three percent, and this could maybe help ten, 15, 20 percent of the people. I think it's a big leap of faith. The 10,000 square foot units concern me, but I'm going to support this on first reading. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? City of Miami Page 156 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. Okay, let's take a five-minute break and we'll go into the -- Commissioner Suarez: Thank you, guys. PZ.14 RESOLUTION 15-00405wta A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION REGARDING WARRANTAPPLICATION NO. 2014-0059, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609 NORTHEAST 2 AVENUE, MIAMI, FLORIDA. 15-00405wta Fact Sheet.pdf 15-00405wta Appeal Letter to City Commission.pdf 15-00405wta Analysis, Maps & PZAB Reso.pdf 15-00405wta Appeal Letter to PZAB.pdf 15-00405wta Application & Supporting Docs.pdf 15-00405wta Legislation (v2).pdf 15-00405wta Legislation (v3).pdf 15-00405wta Exhibit.pdf 15-00405wta-Submittal-Ines Prieguez-Banner Storage Presentation.pdf 15-00405wta-Submittal-Chris Zangrilli-Letter to Planning and Zoning Director.pdf 15-00405wta-Submittal-Chris Zangrilli-Emails to Planing and Zoning Director and Department.pdf 15-00405wta-Submittal-Chris Zangrilli-City of Miami Legislation_Ordinance.pdf 15-00405wta-Submittal-Chris Zangrilli-Article 4, Table 2.pdf LOCATION: Approximately 5609 NE 2nd Avenue [Commissioner Keon Hardemon - District 5] WARRANTAPPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties APPELLANT(S) TO PLANNING, ZONING AND APPEALS BOARD: Sandra Simioni and Joseph Pierre, abutting property owners APPELLANT(S) TO CITY COMMISSION: Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Group, LLC. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval, with conditions, of Warrant No. 2014-0059 issued on March 13, 2015. PLANNING, ZONING AND APPEALS BOARD: Granted the appeal and denied Warrant No. 2014-0059 on June 3, 2015, by a vote of 7-4. PURPOSE: The appeal seeks to reverse the decision of the Planning, Zoning and Appeals Board. City of Miami Page 157 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0425 Francisco Garcia (Director, Planning & Zoning): Sir, there is one Planning & Zoning item left. Chair Gort: PZ 14? Mr. Garcia: Yes, sir. Chair Gort: Okay. Mr. Garcia: Thank you, sir; I'll be quick. Item PZ.14 is an appeal of a warrant for a property at 5609 Northeast 2nd Avenue. This is a resolution, and there's also an appeal hearing before you on a de novo basis. This is the result of an appeal of a warrant issued by the Planning & Zoning Department to the Planning, Zoning & Appeals Board. The Planning, Zoning & Appeals Board, on June 3 heard the matter and overturned the warrant issued by a vote of 7-4, and it is now before you on appeal once again. We, as the issuing department, are asking you to uphold our findings. It is a warrant issued with conditions. I'm happy to explain further as needed. 171 defer to the applicant. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Now -- and this is in reference to the parties that are involved with this, so the appellee and also the appellant. This, to me, is a legal matter, and I say that because we are dealing with a warrant, an appeal to that warrant, a PZAB (Planning, Zoning & Appeals Board) decision, and now this is up for the appeal from the PZAB decision, and I will tell you that here we are with an issue that, to me, when I read through Miami 21 and the law that applies, to be clear, unless there's something that I have not heard, so I will tell you, I'm looking for: Did the City err, Planning director err when he granted this warrant to this facility? And I ask you to, when you present your evidence, if there isn't a -- well, those who, one, did he err; and the others, did he not err in that process? Because as I read through the legislation, as I read through the application, and as I read through the initial appeal that put it before the Planning and Zoning & Appeals Board, I see things that, to me, need to add up to that. As I understand it, the law that we're looking at is Section 7.1.24, the warrant, review and appeal process, particularly, section -- and I wrote this down as I was sitting here -- C3. It tells us that the approvals shall be granted when the applicant -- well, the applicant should -- complies with the -- all applicable regulations. It also says that conditional -- and now I'm reading from my I -Pad -- approvals shall be issued when the application require conditions in order to be found in compliance with all applicable regulations. Then it goes and says: Denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations; and the decision of the director shall include an explanation of the Code requirements for an appeal (UNINTELLIGIBLE) this (UNINTELLIGIBLE), and shall be provided to the NET (Neighbor Enhancement Team) Officer who shall -- five days distribute -- within five days shall distribute the warrant to the official representative of all registered neighborhood and homeowner associations with NET. And that's all "blab," but most importantly, the director shall include the citations through the legal authority for any deniable warrant. Here, there is no denial; here, there is a grant; initially, there was a grant of this warrant, and with the grant of that warrant, it must be according to City of Miami Page 158 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 what Miami 21 has stated the law is, and when I looked to Article 6, Table 13, our supplemental regulations, it says: A public storage facility is allowed by warrant and subject to the following additional requirements. Those requirements are: The maximum size of any individual storage rental space shall be 400 square feet; controlled access and adequate security surveillance shall be provided throughout the facility; any boat or vehicle storage in this facility shall not exceed an overall length of 25 feet and shall be stored within the completely enclosed (UNINTELLIGIBLE) structure; and hours of operation shall be limited to 5 to 11 p.m. And I'll allow you to present the evidence of what the warrant requirements were when you granted it, Mr. Director, the warrant; however, the part that I'm struggling with, that I have not received yet, that 1 would love to hear evidence upon today because of de novo standard is what is indicated in a appeal of that initial -- an appeal of that initial grant of warrant, and I will read it for you, so you're very clear about where I am. There were -- there's actually more than one, but they both read similarly. One is an appeal from Joseph Pierre, and the appeal reads: "For the reasons set forth in my letter dated January 15, 2015, please accept this letter as my formal appeal of the approval of warrant 20140059 for the construction of a self -storage facility at 5609 Northeast 2nd Avenue. I am an abutting property owner, and my check for 126 to file this appeal is enclosed" So I understand why we have the appeal, but I don't know what we are appealing about, because there was no letter that's attached to my file; so then, that evidence would need to be presented today before us, so I understand exactly what it is that is being appealed. Other evidence that will come in about how it conforms to the community and such, I believe through the warrant process is also examined under Article 4, Table 12, looking at the building and conforming to the community, et cetera, et cetera, so all -- the evidence is what I'm interested in, and I need you to present that, because I'm telling you exactly what I'm looking for; whether or not the City planner -- I mean the City Planning director erred in this whole process, and I'm looking for substantially competent evidence to prove just that. And in this situation, I'm dealing with the law, because I believe it's within the law that we, as a city, are going to be safe, and I'm not going to allow any of our emotions or my emotions, no matter how close I am to the parties -- I won't say the party of appeal, but to the parties that are affected by this -- to affect my decision. Is that clear? Ines Marrero-Priegues: Crystal -- Vice Chair Hardemon: Okay, thank you. Ms. Marrero-Priegues: -- to quote a movie. For the record -- Vice Chair Hardemon: Who's presenting for -- Ms. Marrero-Priegues: -- my name is Ines Marrero. I am the attorney for the applicant below, the appellant before this Commission. Our approval by the City was appealed by two parties to the PZAB. The PZAB approved the appeal and overturned the director's approval, so to be specific, the question that you've raised regarding the basis for finding that the director erred is precisely the basis for our appeal. We concur that there is insufficient -- in fact, there is no evidence to support overturning the decision of the director to issue the warrant, so we represent the developer, the party that wants to put this project in Little Haiti/Lemon City. We filed an application with the City; we filed all the requirements; we had numerous meetings; and our permit was issued; and some parties, for reasons that are still not clear to us, have appealed it; and the Zoning Board, notwithstanding the fact that there is, in our opinion, no substantial competent evidence, approved their appeal and denied our permit, and we're here appealing that decision. Vice Chair Hardemon: Okay, thank you very much. And Mr. Planning Director, you are the individual that signed as the director, granting the warrant in this case, so can you please inform the Board what standard did you use to grant this warrant that was before us today ? City of Miami Page 159 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Garcia: I am glad to, sir. First and foremost, of course, any development in the City of Miami has to comply fully with all the applicable regulations in the Zoning Ordinance and City Code, so the first thing that is done -- and this is the Zoning Office (UNINTELLIGIBLE) of the review -- Vice Chair Hardemon: Before I move forward, is there someone here representing the -- Mr. Pierre or whomever was the -- can you please stand? I want to know, is there a lawyer here representing --? Unidentified Speaker: No. Vice Chair Hardemon: Okay. So I will tell you this: Mr. Garcia is going to present -- he's presenting evidence now as to what he did to consider when he granted the warrant. If you are going to make your case that he erred, please be prepared to cross-examine him on any questions or statements that you wish, because through that cross-examination, and perhaps the presenting of your own testimony, I'm going to be able to help make my decision from the facts that are being presented today, okay? So I want you to just be aware of that. Thank you. Please. Mr. Garcia: Thank you. So it is essentially a two-step process. First and foremost, the proposed structure and the proposed use must comply with all the applicable regulations both from the Zoning Ordinance and the City Code, and this one does. It so happens that because public storage facilities are considered a use which, if implemented in an excessive manner, can have adverse impacts, there is then an additional review required for these uses, and (UNINTELLIGIBLE) special uses in the Zoning Ordinance, which is the warrant permit process. The warrant permit process then invokes a table of criteria which are contained on Article 4, Table 12, and these criteria are intended to guide us, the Planning & Zoning Department, in our review of the application to ensure that the manner in which the use is implemented does not have any of those adverse impacts or -- Vice Chair Hardemon: Mr. Director, the planning -- the Article 4, Table 12, that's been provided to the Commissioners for their consideration, correct? Mr. Garcia: That is correct, sir. And so we have conducted the review and have found the proposed development of this public storage facility to comply with all the applicable criteria on Article 4, Section 12, as well as all of the requirements that would apply otherwise; and in doing so, we must then find and approve the warrant. In this particular case, the approval took place with conditions; and those conditions, because certain elements of the proposal were not contained in the plans as presented to us, and therefore, are not a part of the record, those conditions then capture precisely some of the items that you highlighted earlier that are contained in Article 6 to ensure that prior to issuance of a building permit those other concerns are properly addressed. They are clearly specified, clearly set forth. We are of the opinion that they can be met satisfactorily by the applicant, and we will ensure through the building permit process they are complied with. Those are the conditions that are attached to the warrant; but for that, all the other concerns have been properly addressed. I can be more specific. I'm happy to answer any questions. Vice Chair Hardemon: Okay. Any questions from the dais; and if not, any questions from the -- I don't want to call it the opposition, but at this point, you would be the appellee, unless we change some things. You have a question? Does anyone have a question for the Planning director as to what he just put forth? Sandra Simioni: Mr. Chairman -- I mean, sorry -- Mr. Vice Chairman. Vice Chair Hardemon: That's fine. City of Miami Page 160 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Ms. Simioni: I would like to ask Chris to be (UNINTELLIGIBLE) with all the little, you know, difficult terms here, providing how it was -- if the Code was applied here, Miami 21. Vice Chair Hardemon: Okay, can you -- Ms. Simioni: Because -- Vice Chair Hardemon: One, can you tell me who you are, and where you're from? Ms. Simioni: Oh, sorry, (UNINTELLIGIBLE). My name is Sandra Simioni, and I am the owner of 5555 Northeast 2nd Avenue. I am the abutting property right to where this corporation wants to build the storage facility. I will be directly affected together with Mr. Joseph here. Vice Chair Hardemon: And the individual that you want to ask questions to the Planning director, who is he? Can he --? Ms. Simioni: He is -- he also has business in the area, and he's really -- you know, he is very knowledgeable of the terms, and I would like him to help me. Vice Chair Hardemon: Okay. Chris Zangrilli: Thank you, Sandra. My name is Chris Zangrilli. I own District Realty Advisors, at 6200 Northeast 2nd Avenue. I also have a master's in urban planning. I'm not going to say I'm as well versed as some members of the staff, butt did used to work for the City of Miami Planning Department some five or six years ago. Regarding your question, specifically, he says that all the items in Article 4, Table 12 were met; the conditions for compliance. I have highlighted four or five here that think are blatantly made incorrectly. Now, that's a matter of opinion. If your planner or -- I mean, some of these, if you just read them and you look at this project, you can't possibly argue that that condition was met. Vice Chair Hardemon: So, at this point, if you have -- what I'd like for you to do -- this is cross-examination at this point. So if there is a point that you wish to bring out of Mr. -- the Planning director, use this time to bring that fact out of the Planning director, okay? Other than that, then you have an opportunity to give your testimony as to what you believe, and allow us to weigh both testimonies. Mr. Zangrilli: Okay. My first question would be for Article 4, Table 12, Section 7, Ambient Standards. Number 3 says: To protect the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and spillover effects of light. You say, yes, it's applicable; and you say, yes, that it complies. I beg to differ to that. It doesn't even come close to complying in this specific case, and I'd ask for an explanation, because there's a T3 literally less than a hundred feet from this five -story storage facility, and this storage facility sits on a 17 foot wide street, where the ingress and egress will be. Now, I don't know about you guys, but getting box trucks in and out of an ingress and egress on a 17 foot street is a very difficult proposition. I mean, a driveway's got to be 22 feet. Vice Chair Hardemon: Sir, I'm trying to help you through this, because what you're doing, you're putting your own testimony up, when you're supposed to be getting testimony from him, so I'm going to give you a little leeway, understanding that -- Mr. Zangrilli: I'm not a lawyer. Vice Chair Hardemon: But what -- I get it; I understand completely. But at this point, if you have a question as to if under Section 7, Ambient Standards, Part 3, if it is in compliance, you can ask him directly to explain what he considered in that -- City of Miami Page 161 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Zangrilli: (UNINTELLIGIBLE) explain your answer on Section 7, Number 3. Mr. Garcia: Let me suggest to the Board that, as perhaps it was currently introduced by the appellant, some of these issues are the subject of the exercise of one's best ability to review the plans provided, and express whether or not the criteria have been addressed. So if questions were to be accepted from the appellants, which put the Planning & Zoning Department in a position to justify every single design component, you can easily see how this would be a back and forth in a statement of opinion. I would suggest to you, and I would ask the Deputy City Attorney for confirmation, that the standard is the following: The zoning designation of the property sets forth the development capacity. It sets forth what the massing is, what the development capacity is, what the floor/lot ratio is, and it accepts -- and we must presume that the development proposed, so long as it's compliant with those regulations, is acceptable, right? So our standard is not to challenge necessarily the application from every standpoint. Our challenge is to first find it compliant, which means that if the structure, to give you an example, is five stories in height, we do not need to make a finding that five stories is acceptable; that is a by -right component of the application. So if you were to ask me, do I think five stories are appropriate, my response would be: Five stories are allowed by right by the zoning designation, the height is allowed by the zoning designation, the floor/lot ratio is allowed by the zoning designation, the square footage is allowed by the zoning designation, compliance of parking requirements and ingress and regress requirements all are allowed by right by the zoning designation. If the project complies with all of those items, we must find -- we, the Planning & Zoning Department -- must find that the project is, in fact, in compliance. It is only as pertains to those aspects of the proposal that might have the potential adverse effect that we must then apply these criteria. I wanted to make that clear, first and foremost. Vice Chair Hardemon: All right. Before you move on, Mr. Assistant City Attorney, the question that 1 have for you is, here we are with Article 4, Table 12. It has different design review criteria that the reviewing committee must review: building disposition, building configuration, building function, and density, parking standards, landscape standards, sign standards. I believe the next one might be ambient standards. Must each one of these enumerated sections be in compliance for an application to be approved or a warrant to be approved? Barnaby Min (Deputy City Attorney): No. These are simply factors that are to be considered by the Board -- the Commission. So to answer your question directly, it does not have to be a unanimous "yes" with all the different factors. There could be some "no's" throughout; and again, as you've properly stated before, if there are conditions that can be imposed in order to address those "no's, " then the Board can grant the warrant with those conditions to address those concerns. Vice Chair Hardemon: And I'm saying this so that the parties realize that there's something I just wanted to be clear about, because here, you've identified a number of different things; maybe about four different items that are different sections of the review criteria, and so if for instance, each one of these were not in compliance, and you -- they were required to be in compliance for there to be a grant of a warrant, I believe we would be moved; if it is not testimony from you as to how you can make this better would be something to be considered for, for instance, if there was a grant of the warrant, subject to some conditions. So maybe if you -- this wouldn't be within your cross-examination, but in your delivery of testimony, if you choose to testify and give some facts for us to consider, you would suggest, because you worked for the Planning Department before, how the conditions can be implemented to better service a (UNINTELLIGIBLE) of a warrant if a warrant is to be granted. Do you understand? Mr. Zangrilli: I do understand that, but I don't think that's the only criteria here in question. There -- the City Commission passed legislation creating a Cultural Arts & Entertainment District between 54th and 63rd Street back in 2008. It's only eight blocks, and for the fact that City of Miami Page 162 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 that's not considered at all in the granting of a public storage facility warrant on a retail high street, I find that dubious. How can you not consider the use when you have a district created for the sole purpose of creating cultural arts and entertainment? A public storage facility couldn't be farther from the purpose of that district, so to just blatantly say that you can't consider that, I think is incorrect; and saying that only what's in this table, which I think I've pointed out, (UNINTELLIGIBLE) wrong, is the only criteria here, I think you have to factor in the neighborhood, the context; that's why it's a warrant, that's why these aren't allowed by right. They're subject to much more criticism and critique. You can't -- I mean, there's been 14 warrants applied for for storage facilities since January 1, 2014, and they've all been granted and these aren't by rights. I mean, that would be D1 and D2. I mean, you can by right build a storage facility, but now, anybody that comes in looking to build a public storage facility on T5 and T6, you're setting a precedent that that's going to be allowed by warrant -- Ms. Simioni: (UNINTELLIGIBLE). Vice Chair Hardemon: Now, I will -- counselor, I will say that I'm looking at what the standard is, and the standard says that 7.1.24, by warrant; and there's a review process through this, and through that review process, as I understand the law that's given to be from Miami 21, that these approvals shall be granted if the application complies with all applicable regulations. And so, then it goes into condition of regulations and what happens if there's a denial. So when you say -- when I read, "shall be granted, " to me, "shall" is a right if these conditions are met; and I have yet to read any conditions that require consideration of a historical overlay. So my question would then be: Is there anything within -- and this will be answered by the Planning director or the Assistant City Attorney -- are there any ordinances or any part of the Code that says that for a warrant, as in this situation, you must review or you must approve it (UNINTELLIGIBLE) consider it against a historical or entertainment district overlay? Mr. Garcia: No, there isn't, sir; specifically, to address your question. And may I expand on that answer? Vice Chair Hardemon: Please. Mr. Garcia: Thank you. I would certainly -- and I appreciate your recitation of the ordinance, because it is exactly on point. The presumption is that the application will be granted. And in response partially to Mr. Zangrilli's comment, if -- or, rather, upon finding that the particular application, once it's been properly reviewed, and modified and revised and once we feel that all the reasonable concerns of abutting property owners or nearby stakeholders have been addressed, it is our charge then to have to approve that warrant application. So you will find that as many warrant applications come, in particular for public storage facilities, as many come, they will all likely be approved; not immediately, of course, and there will be many iterations in many instances, but our charge is to ensure that the appropriate conditions apply, the appropriate design takes place to mitigate against those potential adverse impacts. Once we find that, once we're satisfied that is the case, then it will be approved; it shall be approved; it should be approved. The one additional thing I will say is if the abutting property owners or nearby affected stakeholders have particular issues that they feel have not properly been addressed -- and that might be, in this case, the height of five stories has been approved, and we would propose to you as the Board sitting, you know, as finders of fact here, that this has not been sufficiently addressed and they present to you evidence that, in fact, there is an adverse impact that is being potentially felt by the site, it is then your position to be able to add conditions or revise conditions to be able to address that; not necessarily to overturn, but to enhance the findings made or the conditions made to be able to address proportionately the impacts suffered. Vice Chair Hardemon: Okay. City of Miami Page 163 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Zangrilli: Now, may I rebut that real quick? Vice Chair Hardemon: I will say this: If you have a question as to -- because, remember -- Mr. Zangrilli: Exactly, what he just said Vice Chair Hardemon: -- if you want to put on evidence, you'll have the opportunity to do that, but I wanted to make sure that you understand this is cross-examination, so if there's something you want him to clarify, or if you want to bring out a point from him, you will certainly be allowed to do that now. Mr. Zangrilli: You mentioned reasonable concerns of the neighboring property owners. We made numerous requests to speak to the Planning Department prior to the formal approval of this warrant; numerous requests, and he's handing out all the letters we sent in to the Planning Department to sit down with you guys, showing you our arguments of why we think this is incorrect. All the emails that we sent, none of which were responded to; we were never given the audience. The only chance we had was to appeal this and go in front of PZAB. So how can we possibly make our case here? I mean, we just throw our hands up, and are victim to the Planning Department. We tried to make our concerns noted, and we were ignored. Vice Chair Hardemon: Okay. Mr. Zangrilli: So how do we address that? Mr. Garcia: I will say, briefly, that you are in the correct place to make those claims. I think they are -- you have a sympathetic audience, and they're willing to hear whatever concerns or impacts you may be suffering. Mr. Zangrilli: Okay. Vice Chair Hardemon: All right. Mr. Zangrilli: To follow that up, I handed out the Article 4, Table 12, with a few of them highlighted. I asked that -- specifically, the first one I asked about, I don't believe that that's in compliance. I (UNINTELLIGIBLE) -- Vice Chair Hardemon: So what I'm going to do is I'm going to -- Mr. Zangrilli: And I have more evidence for you. Vice Chair Hardemon: Right. I'm going to allow you to -- because we have to see if you still want to put a case on towards this, or that the Planning director did not err; that's what we're trying to decide right now. So 1'll allow you, during the time when you want to show that he did err, to present the evidence that you wish, but at this point, I'm going to stop the cross-examination, because I don't think -- it's getting outside of the scope, and you're putting on evidence, rather than pulling it from him, and so at this point, was there any further evidence that the Planning director wanted to put on the record? Mr. Garcia: No. Simply to state again for the record, and very briefly, that we have found and stand by the fact that the proposed development complies with all of the applicable rules and regulations as contained in Zoning Ordinance, Miami 21, and the City Code; and that all the criteria in Article 4, Table 12, all the applicable criteria have been, in fact, complied with. Vice Chair Hardemon: And one question for you: The appeal to the Planning, Zoning & Appeals Board, and the subsequent decision that the PZAB made, whose appeal was heard? City of Miami Page 164 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Garcia: The appellant's appeal. Vice Chair Hardemon: Right. But I know that there was -- are they joint appeals? Is it one appeal, or was it two separate appeals, and one was granted and one was not? Mr. Garcia: They were heard jointly, I believe. Vice Chair Hardemon: Okay. And then -- so that would be for -- and the two names are, once again, Joseph Pierre, correct -- Mr. Garcia: Yes, sir. Vice Chair Hardemon: -- and Argentine Investments? Mr. Zangrilli: Sandra Simioni; yes, she spoke. Vice Chair Hardemon: So your Investments. And is Joseph Pierre here? Ms. Simioni: Yes. Vice Chair Hardemon: Okay, and Joseph Pierre is there. Thank you very much. All right. And so at this point, what I'm going to do is I'm -- for the appellants to the PZAB decision, is there any testimony that you want to put forth, or any evidence that you want to put forth on the record to be considered? Ms. Marrero-Priegues: Yes. For the record, we are here on behalf of the appellant again, and while we have a court reporter, I will say that I am -- I appreciate your handling of the matter and setting up all of the procedural steps in getting them to set forth the case. There's two very important points that I feel are necessary; one of them is there's design criteria associated in this district. The reference to Little Haiti/Lemon City is significant, because the Code has guidelines, design guidelines that apply to properties in this area, and the guidelines are two requirements -- and I have a PowerPoint presentation, but I won't go through it; however, I do want you to look at the rendering of the other project, because it's quite lovely, and we spent a lot of time working with staff to come up with this design. I'm going to scroll very quickly to the criteria, because it's very straightforward; there's two, there's two specific guidelines. Number one: The building shall be designed with a Caribbean climate in mind and complementing the Caribbean French Creole design facades reminiscent of the Haitian culture, and the community's desired appearance -- the community's desired appearance. And number two: Chain link fencing shall not be placed in the first (UNINTELLIGIBLE) adjacent to the Northeast 2nd Avenue unless it is of a temporary nature. We don't have chain link fence. This design was -- Vice Chair Hardemon: Counselor, and where did you take those standards from? Ms. Marrero-Priegues: From the design guidelines that the Planning Department has for the Little Haiti/Lemon City. Vice Chair Hardemon: And the Planning Department, where -- that document that she referred to in this presentation, where is that language from that you placed in that document? Mr. Garcia: That language, sir, is appended to Miami 21, the Zoning Ordinance. Vice Chair Hardemon: Okay, thank you very much. Ms. Marrero-Priegues: And the warrant does make a specific finding that the project meets City of Miami Page 165 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 those design guidelines. The other item that I feel is important to state for the record, because it has been stated before by the appellant's people, and they continue to make reference is the -- Vice Chair Hardemon: One second, counselor. Malloty, I'm going to ask you -- because you two are two -- on separate sides of the issue -- not to approach the dais and pass out information. I don't want to get things confused, and when we receive things, I want to be clear about what I'm receiving before you bring it to me, because the record can't see that you gave me something, so I want the record to properly reflect that you -- we received a document with something in it. Mallory Kauderer: You received the legislations for the Art & Entertainment District. Vice Chair Hardemon: Okay, I understand. Mr. Marrero-Priegues: Thank you; that's exactly what I was going to refer to right now. There have been many references to the Lemon City/Little Haiti French Cultural Arts & Entertainment District. It is Chapter 4 of your City Code. It is the section of your City Code that regulates alcoholic beverages. What that section of the Code did was create an Entertainment District that -- and I'll read the intent of the Code as set forth in Section 4.11(M), Sub 1: The intent of the district is to allow 20 establishments, which may include nightclubs, supper clubs, restaurants, coffee shops and bar uses, to benefit from close proximity to one another within the district. To this end, the distance requirements within these -- within said district shall be eliminated or modified as described above for a maximum of 20 such establishments within the boundaries specified below. What this district did -- and it's no different than other districts in the City -- there's one Maty Brickell; there's one in the Orange Bowl; there's one -- it's called the Orange Bowl, but it's Marlins Park; there's -- in other areas, in Wynwood -- is basically to eliminate the distance requirement between liquor uses to allow for, say, a bar or a nightclub to be closer to another bar and nightclub; that's all this district was intended to use. And furthermore, I will proffer that there are other districts in the City where warrants have been approved for self -storage facilities. One was approved at 20 -- for a self -storage facility at 2190 Southwest 8th Street, and that's in the Calle Ocho, in the Southwest 8th Street Corridor Cultural Specialty District; there's two downtown in the Central Business District; and we approved one in the Coral Way Historic Transportation Corridor. That was not an Entertainment District, but it is a Historic Transportation Corridor. So there is precedent for this being done before. One thing -- it's a red herring -- one thing has nothing to do with the other. It does not prohibit this use. Vice Chair Hardemon: Thank you. Thank you, counselor. I mean, this is pretty important information, because now, your argument, sir, has been in -- and what's your last name again? Mr. Zangrilli: Zangrilli. Vice Chair Hardemon: Zangrilli? Mr. Zangrilli: Right. Vice Chair Hardemon: So your argument was that the historic -- I'm sorry, I want to be clear about what the language is -- the French -- the Lemon City/Little Haiti French Creole Cultural Arts & Entertainment District. The way that the language was presented to me when you were talking earlier, to me, it sounded as if you were introducing that as it must be considered against that because of the type of community that it was; that this type of district doesn't allow or wouldn't be compatible with that, and so the evidence that was provided to me by -- well, someone on -- if I were on your side of the table, so representing the appellee, and then the appellant pointed out just now -- and I'm sure you heard -- that this language in this ordinance only refers to liquor licenses, and reducing the number, or the space, or the distance between each establishment that could have a liquor license. So how do you present that this legislation, this ordinance affects the -- what should be considered in granting the warrant? City of Miami Page 166 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Zangrilli: Because that ignores the previous portion of the legislation that reads: Whereas the City of Miami has previously approved exemptions for certain distance separation requirements to promote cultural resources by creating specialty districts, which has helped foster economic growth in those districts. And then it continues to read: It is in the best interest of the City of Miami to create the Lemon City/Little Haiti French Creole Cultural Arts & Entertainment District, just as the City of Miami benefited from the creation of other specialty districts. It also says: The exemptions from certain distance requirements for a limited number of establishments serving alcoholic beverages in the Lemon City/Little Haiti French Creole will enhance and promote the area. So there's more to it than just alleviating distance requirements on liquor laws, and if you look at the legislation created -- which I don't have in front of me -- creating specialty districts, in the beginning, it talks about creating cultural hubs and artistic hubs. It's not just liquor licenses; that's just the actual nuts and bolts of creating the district, is you lift those, so it's not just distance requirements for alcohol; there's other reasons that they create these. Vice Chair Hardemon: Okay. Counselor, is there anything else that you want to present? Ms. Marrero-Priegues: Yes. I would just like to add three important things for the record regarding the project. One of them is as part of our discussions with the appellees below, the appellants below as -- when we first deferred the item from the PZAB to meet with them and try to address their concerns, we increased the retail space fronting Northwest [sic] 2nd Avenue. The original project had a gallery, an art gallery, and it was a concern of the stakeholders that there be more retail, and we increased, and we are committed and we'd like the warrant to be revised to reflect that the project now includes 1,300 square feet of retail at the ground floor. In addition, this project is going to provide five off -- on -street parking spaces, and it's going to have a project that has frontage along 2nd Court, and therefore, that area is also going to be improved. And lastly, we have had many conversations with community -based organizations in the area, and we have committed to offer them storage and meeting space at no cost for their meetings and for their needs. Mr. Zangrilli: May I ask about the evidence again? Vice Chair Hardemon: One second. I just want to be clear about what's just been offered, because what the appellant has just offered for this Board to consider is that you will accept conditions with this warrant granted, if it is granted, to increase your meeting space from about 666 square feet to 1,300 square feet. Ms. Marrero-Priegues: Well, the 660 feet -- 666 feet are still available by the office for the self-service building, but that use does not (UNINTELLIGIBLE) parking. The reason we are limited on the amount of retail space that we can provide is because if we add more retail space, then we'll need more parking, and then we'll need a parking variance. Vice Chair Hardemon: So the retail space that you're now -- Ms. Marrero-Priegues: It still needs parking, and it's 1,300. Vice Chair Hardemon: Square feet. Ms. Marrero-Priegues: Square feet, correct. Vice Chair Hardemon: Provide street parking --? Ms. Marrero-Priegues: And there's on -street parking as part of this project. City of Miami Page 167 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: And did you say the number of parking? Ms. Marrero-Priegues: Five. Mr. Zangrilli: Five. Ms. Marrero-Priegues: I'm sorry, five. Vice Chair Hardemon: Five. And then you said storage and meeting space at no cost for a CBO (community -based organization) from the community? Ms. Marrero-Priegues: That's correct. Vice Chair Hardemon: Okay. Is there any other thing you want to add for the record? Ms. Marrero-Priegues: That's it. Thank you. Vice Chair Hardemon: Is there something you wanted to say to what she just said? Mr. Zangrilli: No, not to that. Vice Chair Hardemon: All right. So at this point, what I'm going to ask you to do now is it's your opportunity to present evidence as to -- so basically, what you've been doing before, I want to just give you the true opportunity to present evidence as to why you think that the Planning director erred in this matter, and why we should uphold the Planning, Zoning & Appeals Board's decision. Mr. Zangrilli: Okay. Back to Article 4, Table 12, which is the criteria that was applied I believe Section 1, Building Disposition, Number 4: Create transitions, and height, and mass with abutting properties in transect zones. The abutting properties are all one store. Less than 100 feet to the east is T3, so there is absolutely zero transition in height and mass to those things, and they said, yes, it's in compliance, and I find that to be dubious. Vice Chair Hardemon: Go on. Mr. Zangrilli: Number 5, Section 2: Promote pedestrian interaction. If you look at the actual plans of this, I want to say 60 -- it's got three frontages, and two of them are entirely non pedestrian friendly; one is the ingress/egress for the parking garage area where you drive the trucks in and then you unload your storage; and the rear, along Northeast 1st Court -- Northeast 2nd Court, that's just a blank wall, the entire length of the street, so I really don't see how there's any interaction for anyone walking on the street there. Both of those frontages are entirely non friendly, and the only little bit you have is the office to rent storage spaces along Northeast 2nd Avenue, and a small token retail center. Vice Chair Hardemon: Counselor representing the appellant, the sidewalk area that's indicated on your plans, how wide are the sidewalks? Do you know how wide the sidewalks are currently and how wide they'll be once these improvements will be made, or anyone who can answer that question because, I mean, these plans were submitted. Ms. Marrero-Priegues: Your Planning director -- Vice Chair Hardemon: Put it right there, yeah. Ms. Marrero-Priegues: -- (UNINTELLIGIBLE) the plans with you. City of Miami Page 168 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Mr. Garcia: Yes, sir, I'm happy to address that. The sidewalks along Northeast 2nd Court are proposed at 6 feet 6 inches, and there's abundant landscaping enhancing the appearance of that particular frontage. The sidewalks along Northeast 56th Street go a little bit wider; although the dimension is not provided in these plans. One might expect that they would be -- oh, I'm sorry, it is provided in the plans; also 6 feet 6 inches; also with landscaping. I would emphasize for the record that -- Vice Chair Hardemon: So that would be 6 feet 6 inches, and then from there, you have landscaping, additionally. Mr. Garcia: That is correct, sir. I did want to highlight, because this was a point of contention earlier, that access to the facility is provided on Northeast 56th Street; that is, of course, required, so -- and it is designed and configured in a manner that we think is satisfactory. And lastly, the third frontage along Northeast 2nd Avenue has a sidewalk provided of also 6 feet 6 inches; once again, with landscaping; and, because Northeast 2nd Avenue is a primary frontage, and certainly, the primavy street in the area, that frontage has been enhanced with habitable space, so there is an active facade fronting Northeast 2nd Avenue. Vice Chair Hardemon: Do you know what the current sidewalk measurements are there, or if it is a sidewalk there? Mr. Garcia: I will check quickly to see whether there is a survey attached to the plans that I have here. Unidentified Speaker: I believe there is one. Vice Chair Hardemon: I'm hearing testimony from -- Mr. Zangrilli: I don't think there's really a sidewalk there. Vice Chair Hardemon: -- there is no sidewalk there? Ms. Simioni: There. Vice Chair Hardemon: Oh, very small? Ms. Simioni: It is. Yes, there is. Mr. Zangrilli: Oh, small. Mr. Garcia: I don't have a survey in my package, sir; I apologize. Perhaps the appellant does. Vice Chair Hardemon: And I've heard two different statements. Mr. Zangrilli says that there is no sidewalk; and then I've heard testimony from the other young lady, and your name is -- what's your name again, ma'am? Ms. Simioni: Sandra Simioni. Vice Chair Hardemon: How do you pronounce --? Ms. Simioni: (UNINTELLIGIBLE). Sandra Simioni. Vice Chair Hardemon: Simioni. Ms. Simioni: For (UNINTELLIGIBLE) Investments. City of Miami Page 169 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: Right. And you said that there is a sidewalk there. Ms. Simioni: Yes, there is a sidewalk, and also -- Vice Chair Hardemon: Although you don't have anything in front of you to show you what the exact measurements are -- Ms. Simioni: I know; I don't have it. I don't have -- that would be -- Vice Chair Hardemon: Right, but -- Ms. Simioni: -- (UNINTELLIGIBLE). And the interesting part is that, you know, Planning didn't Vice Chair Hardemon: Before you move forward, I want to make sure that I'm done with Mr. Zangrilli, because he's the witness that's testifying right now -- Ms. Simioni: Sure. Vice Chair Hardemon: -- so I want to make sure we complete that. Ms. Simioni: Okay. Vice Chair Hardemon: Is there anything else you wanted to add to the record? Mr. Zangrilli: Yes. Section 3, Number 1, says: Respond to the neighborhood context and transect zone. I really do not believe that this responds to the neighborhood context, being that it's a Cultural Arts & Entertainment District; it's got a T3 right behind it; it's a public storage facility, right on retail high street. I'd like to know how they can say that this project does respond to the neighborhood context; and not the design of the building. I'm talking about the actual function of the building, as it says in the heading; not the design; the function as a public storage facility responds to the context of the neighborhood. Vice Chair Hardemon: Is there -- would you like to make a response to what you believe, the building function ? Ms. Marrero-Priegues: The building function is a commercial use. Commercial uses are allowed in T5. The whole transect, every other properties on both sides of Northeast 2nd Avenue are zoned T5-0, which allow for five -stove structures and they all allow for self -storage facilities, subject to the warrant. Immediately to the east, there are two lots zoned T5-0, so the contention that we are next to residential is not correct. This property, first of all, does not abut any property that is zoned T3. It is surrounded by T5 on three sides, and T5-0 and T5-R on the east side, so there is appropriate context with all of the surroundings. And "surrounding" means not only what's existing, but what can be built, because all those properties could be developed as -- at a five -story height, and we should not be penalized for developing this property at its entitled development just because the other sides have not been built up to five stories. Vice Chair Hardemon: Mr. Planning Director, I want to qualify her statement that the properties around it are not residential, and they're T5, and I can't remember the exact -- but what are the abutting properties, and how are they zoned? Mr. Garcia: Yes, that is correct. I can confirm for the record that the property to the east abuts a zoning of T5-0; to the west, T5-0; to the north, T5-0; to the south, T5-0, so this particular property, the subject property is completely within a context of T5-0 development. It is appropriate to say that, presently, many of those parcels are either underdeveloped or City of Miami Page 170 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 undeveloped, but it is also true to say that the zoning designation does allow for exactly the kind of massing and scale they are proposing. Vice Chair Hardemon: All right. Mr. Zangrilli, can you please continue? Mr. Zangrilli: The T5 to the east is one lot that's 50 feet. I just want to put that on the record, so it's one lot, and then it's T3. Mr. Garcia: I'm sorry, I must correct that; I apologize. Actually, it is two lots, and the approximate depth is about 100 feet. I just wanted to take that out of the record. Mr. Zangrilli: That's what we were saying; it's 100 feet to T3, so it's very close. Vice Chair Hardemon: Okay. Mr. Zangrilli: And if you think that responds to the mass and the transition, that's obviously open to opinion and interpretation, but we don't believe so. And I'll bring you back to my original one, Section 7, Number 3: Protect the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. Again, being that close to a T3, with a street where your ingress and egress is 17 feet wide -- we have a photograph of it -- I don't see how that's in compliance. That runs counter to protecting our residential area by putting a commercial use such as this right next to a T3. Ms. Marrero-Priegues: May I ask, Mr. Zangrilli -- and I know he can't speak for both appellants, but I know that he is very familiar with the properties. Can you see the photograph? And I can give you a copy of that. Mr. Zangrilli: Yes. Thank you. Ms. Marrero-Priegues: Is that Mr. Pierre's property? Mr. Zangrilli: The pink building? Yes. Ms. Marrero-Priegues: And the -- those are pictures of the back of Mr. Pierre's property with two storage containers. Is it your opinion that that is compatible with regulation uses? Mr. Zangrilli: I don't -- Ms. Marrero-Priegues: It is? Mr. Zangrilli: -- think that's relevant to what's going on here. Vice Chair Hardemon: Wait. One thing: Before you go into what's in -- I understand that you say that that is the property. Can you tell us when this picture was taken, so we know? Ms. Marrero-Priegues: That picture was taken before the Planning & Zoning Board back in July. Vice Chair Hardemon: Okay. Do you know who took these photos? Ms. Marrero-Priegues: I took the pictures. Vice Chair Hardemon: You took the pictures yourself? Ms. Marrero-Priegues: Yes. City of Miami Page 171 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: And you arm that that is the condition that the properties were in at the time that you took the -- Ms. Marrero-Priegues: Yes, sir. Vice Chair Hardemon: -- photo in July? Ms. Marrero-Priegues: Yes, sir. Vice Chair Hardemon: Okay. I need you to answer her questions directly then. Mr. Zangrilli: I don't know. Vice Chair Hardemon: Can you repeat the question for the record? Ms. Marrero-Priegues: The question is whether the condition -- the existing conditions on the appellant's property are compatible and consistent with being next to a residential area. Mr. Zangrilli: I don't know. Vice Chair Hardemon: Okay. And just for the record, I want you to refer to which picture that you're referring to so that it's clear within the record exactly what --? Mr. Zangrilli: I don't believe this is relevant at all. Vice Chair Hardemon: Okay. I understand Thank you. I'm going to overrule that objection, but I want to know for the record exactly what picture this is that you're referring to. Ms. Marrero-Priegues: Yes. There are three pictures of Mr. Pierre's property; one of them is the building that has frontage along North 2nd Avenue -- Northeast 2nd Avenue, and there are two pictures of the side of the property, and I'm referring to the pictures that are of the side of the property. Mr. Zangrilli: That's not a permanent structure; it's a temporary condition. It's not a permanent structure. It can be moved at any time. It's not like putting up a five -story building that can't be reused as anything except a storage facility. Vice Chair Hardemon: Thank you very much. Is there -- are there any other things that you want to put on the record, sir? Mr. Zangrilli: I think I've put them on the record; that's good for me. Vice Chair Hardemon: Thank you very much. Is there any other questions you have for him? Ms. Marrero-Priegues: That's it. Thank you. Vice Chair Hardemon: No? Is -- from the appellees, those who won the PZAB, the one who -- those -- of the parties who won the PZAB decision, is there anyone who wants to put something on the record? I will give those from the community an opportunity to respond, but if you are not a party to these -- to this cause, I do not want to hear from you right now. Is there anyone else that would like to make or would like to say something from -- who is a party of the appeal? Okay. Hearing no more from the parties of the appeal, what I'd like to ask is for each side, whoever is a party to the appeal -- each person who is a party to the appeal to make their final arguments, if you will, as to why there is an error or the City Planning director did err or why City of Miami Page 172 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 they did not err, and I'll start with the appellants. Ms. Marrero-Priegues: Yes. Again, we concur with the decision of the director. We worked for many months to come up with the design that met the criteria for this district; that -- design a building that spoke to the community; that we are in Little Haiti, and that this building is an enhancement to Northeast 2nd Avenue. We meet every criteria. This is a legal use. This is a legal height. This is as -of -right height FAR, and there is no basis to deny this warrant. Vice Chair Hardemon: Thank you very much. The parties from the appellee, final argument. Ms. Simioni: Chairman, the structure is, as you said, the component of the use of the district when it was designed (UNINTELLIGIBLE). Sorry It was an Arts & Entertainment District. I really fail to see how this new structure would actually bring anything to the district, so as you also saw in the designation of the Miami 21, it says that it has to add to the district, and I am really -- I am -- I really tried hard to see how this would add to the area. You see, when it was designated -- I bought this property in 2006. I -- it was designated in 2008. I said, well, that's nice, you know, butt didn't really understand very much what it meant until all the changes were taking place, little by little. You started seeing people walking in Northeast 2nd; something really vety rare, where you could get mugged. I got mugged twice. And you know what? Now, I drive by, and I see bunches of tourists walking on Northeast 2nd They're not coming to see any storage facade. They're coming to see arts, culture, food, and this is what's happening in little district there, and I don't see how this is going to help, really, and I tried hard; besides the other five-foot case mentioned here, the fact that the street where they want to do the egress and the ingress and the egress of the building is 17 feet. I don't know if you can -- I have a picture to show you. Essentially, two cars, it's vety hard to go through, so it's going to affect me, which I'm directly on the other side of 56th. And the approval of the warrant -- there was a warrant to be given to approve them to build that; it wasn't the right to build directly. It had to be reviewed. I'm sorry, but Planning didn't see the 17 feet of the street that is going to be a problem. Northeast 2nd Court is 15 feet. And so, there are many issues with this that maybe doesn't have exactly to do with the height, or the other things that she mentioned; it has to do with the best use that can be given to that property. It's not going to bring anything to Little Haiti, to the district that we are creating there, and there are places that are actually for and that would receive a storage facility, and they are close by. You are welcome to buy a property around there and build your own facility there, and have storage, but why on these eight blocks of the district? We're trying to build something here. We're trying to attract tourists. We're trying to attract activity, night life. And we already have Church's; we have Fuddruckers; we have (UNINTELLIGIBLE), the restaurant that is in (UNINTELLIGIBLE). We need help, as the other presenters before said, to support the neighborhood, and this is not going to support the neighborhood. This is not bringing anything to the neighborhood. Imagine that at night, you see people coming in and out of (UNINTELLIGIBLE), coming in and out of Church's, but what are they going to see at night at the storage facility? Closed doors, that's all. Thank you. Vice Chair Hardemon: Thank you very much. Chair Gort: Let me ask a question. Francisco, what is the use permitted in that zoning area; the different use permitted? Mr. Garcia: Right. The zoning designation is T5-0, and as a consequence of that, the full catalog of commercial, office, and residential uses are allowed; it is a mixed use zoning designation. Chair Gort: Thank you. Vice Chair Hardemon: So at this point -- thank you for both of your closing arguments. I'm going to open the floor for public comment. Each person will have two minutes to address the City of Miami Page 173 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Board; and once you've done that, then we're going to close the public hearing, and the Board is going to talk amongst ourselves as we decide how we should move forward with this issue. You're recognized, sir. Mallory Kauderer: My name is Mallory Kauderer, the office address of 300 Northeast 71 st Street. I'm president of the Downtown Little Haiti Stakeholders. I'm also chairman of the Little River Business District Board. And I own properties on most of the blocks in Little Haiti, including two properties catty -corner, across the street from this property, and properties as close as one block to the south and one block to the north. I was surprised, after having had a relationship with the City of Miami for a number of years, to be completely ignored by the Planning & Zoning Department of neighborhood input which went on for a number of months. It included letter -writing; it included emails, meaning our communication to them; it included visits to the Planning & Zoning Department, attempting to have an audience, and not one of any of the emails, letters or efforts to speak with them about this one application were met with a response; that came from me, that came from other property owners; that came from business owners; that came from association officers, which included Northeast 2nd Avenue Partnership, where I'm also a board member, and all the other names that I've stated. I don't think that's acceptable. I don't believe that the Planning director has properly considered this application. I think he erred in many ways in his interpretation of the Code, and I disagree wholeheartedly with his conclusions, and the conclusions of the staff. And I am -- and we are, as individual organizations, bitterly disappointed in the response that we received in our requests to have an audience, and it won't be forgotten for a very long time if this is not approved -- if this is not considered. I understand your legal argument a little bit. Vice Chair Hardemon: I'm not making any argument. Mr. Kauderer: Well, you did Vice Chair Hardemon: No. Mr. Kauderer: You did. Vice Chair Hardemon: Everyone makes their argument. Mr. Kauderer: (UNINTELLIGIBLE). Vice Chair Hardemon: Understand this -- Mr. Kauderer: I don't believe that's correct interpretation. I don't believe -- Vice Chair Hardemon: -- I don't make any legal arguments. Mr. Kauderer: Okay. Vice Chair Hardemon: The arguments are being made by the appellant and the appellee, and what I'm doing is going to consider what the legal arguments are, and how it applies to the law, as we see it, and so the things that affect -- the facts that will affect the law is what I'm concerned about here. Mr. Kauderer: Okay, okay. I don't agree with your interpretation of that. I don't think this is simply an argument to be debated on the Code, and we need to present legal arguments to that. I believe it's far more reaching than that. I like Francisco. I respect Francisco. I think he does a great job in his role. I don't think that this was one of his better moments. And I do understand the situation with warrants being approved throughout the City for parking -- sorry -- storage facilities. I noticed only in the last few days that there have been 13 or 14 approved by warrant. City of Miami Page 174 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 I don't know how many have been approved, not by warrant; looks like we have a battle of the storage companies going on, and they're jumping into the breach and competing for market share. I -- we have one -- an application just going up in the Little River District; across the street, on 69th Street (UNINTELLIGIBLE) one floor storage facility. I see another one happening on 79th; another one happening on 80th. Those are more in keeping with a industrial zone; closer to industrial zone. They're not in the middle of an Arts & Entertainment District, and blood sweat and tears of voters and taxpayers who would like to see their community grow in a way that fits the street and fits their investments and their efforts. Thank you very much. I hope the Commission considers what I've said and upholds the Planning Board's decision, which is the board charged by the City to make such choices, and I would hope that you would go along with their thoughtful interpretation and their decision. Vice Chair Hardemon: Thank you very much, sir. Mr. Planning Director, I'm looking at -- well, I'm -- my question to you is: For applications such as this, that are required to have warrants, what is the requirement for a public hearing or your interaction with the public? Mr. Garcia: Right. So the very nature of what -- the fact that it requires a special review to mitigate against potential adverse impacts means that we must engage meaningfully, substantively with affected stakeholders to try to listen to their concerns and to try to address them as appropriate. For that purpose, the warrant process, itself includes a required notification to potentially impacted property owners, and there is a period of time allotted these individuals to interact with us in the Planning & Zoning Department, inform us of the fact that they've received a notification and that they would like to review the documents that have been presented and interact with the department to provide their feedback prior to the warrant being issued You have heard, and I'm here to reinstate, that a very protracted back -and -forth dialogue process took place as part of this application. This was certainly in excess of six months back and forth, discussing the merits of the proposal, and we are here to tell you that numerous iterations for this particular project were presented, and finally, we landed upon one that we thought actually met all the standards. There was a significant refinement and improvement to the proposal prior to the final approval being issued. Even then, the final approval was issued with the conditions that you see on the record today, so we -- I feel very comfortable presenting to you that those requirements were fully met. To the statements that have been made pertaining to the department's inability or unavailability to actually meet with the applicants, we've retrieved some of the correspondence that has gone back and forth which makes specific reference -- and this is back and forth between the Planning & Zoning Department and some affected stakeholders, some of which are here today, indicating that, in fact, those meetings were scheduled and actually did take place. Again, I understand fully, and I am sympathetic to the fact that, to some extent, there can never be enough meetings, and there can never be enough feedback, but at some point in time, we do have a burden to issue the permits when we feel the standards have been met. Mr. Kauderer: That's not true -- Vice Chair Hardemon: Okay, this is -- Mr. Kauderer: -- with all due respect, Francisco. We had one -- Vice Chair Hardemon: Sir, sir -- Mr. Kauderer: -- meeting that you gave us prior to -- Vice Chair Hardemon: -- sir -- Mr. Kauderer: Okay. City of Miami Page 175 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: Start the timer. One second, please. Joann Milord: Good evening. My name is Joann Milord. Vice Chair Hardemon: One second, Joann, please. All right, you're recognized; go ahead Ms. Milord: Okay, good evening. My name is Joann Milord. I'm the executive director of Northeast Second Avenue Partnership. We're a nonprofit in Little Haiti, dedicated to preserving and revitalizing, especially what we consider to be downtown Little Haiti, which is the same as the Entertainment & Cultural District. We do cultural events. We provide technical assistance to the small businesses, and we do beautification projects. Our board is -- consists of community leaders, small business owners, and other stakeholders in the community. We are here because our position is that we oppose approving the warrant for this facility. We believe that the Cultural & Entertainment District that was established back in 2008 is consistent with the investment of the City of Miami when they built the Little Haiti Cultural Center, the Little Haiti Soccer Park, and most recently, the renovation of the Caribbean Marketplace. The City understands and has been consistent with its effort for the neighborhood of what we consider to be downtown Little Haiti, and so we are here today to let you guys know that we're concerned that the economic development that's happening in Little Haiti will be affected We're here today to let you know that we've had cultural businesses, and galleries, and artists that have moved into Little Haiti, because they feel that they are not able to afford rent in other areas. This is what we need in our Little Haiti District to continue the economic development and flourish to the Little Haiti that we want to be, so I hope that this -- all this information is taken into consideration today. And also, as far as the counsel stated as far as other community -based organizations that have been offered storage, I'm interested in knowing which community organizations they've spoken to, because I did receive a card from counsel prior to this warrant being approved, and there was no follow-up and no follow-through from the neighborhood stakeholders. Thank you. Vice Chair Hardemon: Thank you very much. I'm waiting from a -- before you speak, sir -- I'm reading from a document. This is not evidence to be considered, because it was not presented in evidence, but I have an email chain of this email -- mostly, it has been -- they're mostly emails from Mr. Mallory Kauderer; also, Mr. Zangrilli, and as to various people, but particularly the last one from Mr. Kauderer was sent on January 27, 2015, where he's writing to yourself Mr. Garcia, also Mr. Rafael Rodriguez and Mr. Derrick Cook of the City of Miami. Here, in 1/27, he is complaining that he's not getting response from the City. Now, the warrant decision was made in -- was made on 3/13/2015, and so, obviously, there's some time in between these emails and the decision, so my question to you, Mr. Planning Director, is: Between these emails and the time you made your warrant decision, had you had any contact with Mr. Kauderer or anyone from the community? Mr. Garcia: I personally, no, sir, but members of the Planning & Zoning Department certainly have. Vice Chair Hardemon: Thank you very much. Sir, you're recognized. Joseph Pierre: Good evening. My name is Joseph Pierre. I'm the owner of the property located at 5625 Northeast 2nd Avenue. I also business owner of Reflection Funeral Home and Reflection Insurance Agency, so actually, to me, it is not good idea to build the five -story building for my little building. Now, (UNINTELLIGIBLE) going to close my building, and my little building not going to be able to be seen, so I don't think it's a good idea to build that kind of business, you know, there. And I don't think it's going to bring too much to the community, so we are looking for something that can create a job to the community, and also make something that, you know, make my business go up, so I don't think that's going to do anything positive for my business. This is my work. City of Miami Page 176 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Vice Chair Hardemon: Thank you vety much, sir. Is there any other person who would like to speak on the public hearing? Seeing no other public hearings [sic], we're going to close the floor at this time, and now is the time for us to talk. And one thing I wanted to say in this case is that, I mean, to me, it's vety clear from reading Miami 21 that the decision to issue a warrant in this type of case is based on Section 7.1.2.4, the warrant review and approval process, and there's certain criteria that is laid out there that if these criteria is met, then these approvals shall be given. And it seems from the granting of the initial warrant, that the Planning director did agree that those conditions were met, and then the approval was given. As we can see, it was appealed to the PZAB; and PZAB, we're not privy to that information, nor should we be, because we're looking at this case de novo, at the facts that were presented here today. So considering the facts that were presented here today, I asked myself many different questions, and one is, first, did the City planner err? And so throughout all the testimony that was given, I'm looking for information to show that it did err. The most moving information to show that there could have been an error, if there was an error, was the his -- the overlay of the Entertainment District, and that's some information I was presented by Mr. Zangrilli, and I appreciate him presenting that information, because that gave me something to tassel -- tussle with. Then Mr. Kauderer presented the legislation into the record that showed exactly what the -- what I just referred to, but what is correctly referred to as the Lemon City/Little Haiti French Creole Cultural Arts & Entertainment District is. And as you -- as we saw, counsel from the appellant demonstrated, and it was not rebutted, that this legislation, what it actually did was reduced the distance requirements for liquor licenses in that area; however, Mr. Zangrilli did point out that there were some aims, I guess, if you will, in the "whereas" clauses that talked about different things that would be included within the Entertainment District, such as cultural art institutions, museums, galleries, black box theater, nightclubs, studios, and alternative art spaces; all in which, as it says, and warrants the inclusion of distance exemptions for a limited number of establishments serving alcoholic beverages. So what I see in that is that here is an area where you can have entertainment; and because you would have entertainment, we want the nightclub to be able to have -- to be able to serve liquor. We want the galleries to be able to serve liquor. We want the museums and everyone there to be able to serve liquor, so we must relax those requirements. And in the relaxing of those requirements, you have more establishments in this small area that can serve liquor; similarly, that's what you have in Wynwood or in other areas within the City of Miami. What it does not do, from what I read and from what was presented was that it does not remove the allowance for a storage unit to be built in that area on a property that is abutted by other properties, especially that have the same type of zoning designation. Personally, I think that Little Haiti is next, in as far as becoming the next Arts & Entertainment District in the City of Miami. Right now, currently, you have Wjmwood, and I believe with some of the restaurants that are -- and the clubs that are there in Little Haiti, it's naturally progressing to that community first. To me, it creates the question of: Where do we want our district to go? And, certainly, I want my district to go in that way, so I share the sentiments of everyone who came to present on behalf of the community, because those of you who have presented on behalf of the community -- not in this issue, because I did not speak to anyone on this issue, because I did not want any Jennings disclosure problems -- but here, with the issues that you present -- I mean, we've gone to different countries together; we've shared meals together; we've shared drinks together -- there's those of you that have supported me in my campaign and in other things, and so I take what you say with a vety heavy heart in trying to figure out what the law is behind this, and so I agree with what those types of things provide to the community, but the one thing that I must consider are the property rights of the people who purchased this property, and so I don't believe that the City of Miami is within its jurisdiction to disallow someone a use, or to deny a warrant, based off of things that are not lawfully within our power. If for instance, there was something in the law that says if the community around it does not want it, then we have a right to deny the warrant, that's a completely different issue. It becomes an issue of property rights versus what the community wants, and it's easier to digest; very hard, I think, for a property owner, because it seems somewhat arbitrary, and I could understand that, but that's what the law would allow. Here, the law does not allow -- I believe the law does not allow this Board to deny someone, just City of Miami Page 177 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 based off of the fact that it's not a use that we want in that area, and I think that if we deny in that fashion, then we are taking away a property right that, surely, someone would fight for, and we don't have the authority to do, and I just want to be able to follow the law, to allow people who invest within my community the opportunity to do what it is that the law allowed them to do, and not to be dissuaded from investing within our communities, because we have hostile or differing opinions; and that could be in Little Haiti; in Overtown, as we just saw; it can be in any of my cultural communities where there is a history of investment that is not like the investment or the existing property uses there, and so that's the balance I have to strike when I consider this. Now, I appreciate the fact that, without asking, the property owners -- where they do not have to -- have extended more retail space, up to 1,300 square feet or 13 -- and I won't say "up to" -- 1,300 square feet of retail space to add to the bottom -- I'm assuming that's the bottom floor of the structure -- to add to the character of that neighborhood; additional street parking, to add to the parking that's available in that neighborhood; and then storage and meeting space at no cost to a CBO in that neighborhood, and I'm hoping that that CBO, whomever it is, will be someone that is of the Little Haiti community; that's my hope, and it can certainly probably be reflected within the warrant, if it is granted. And so, with all that information, I do not believe that there was substantial competent evidence that was presented to show that the Planning director erred in his granting his application; and so with that, I will say that I would move that we reverse the decision of the Planning, Zoning & Appeals Board, because there was substantial evidence that the Planning director did not err, and enforce the decision to issue the warrant that the Planning director issued in the first place. That's my motion. Commissioner Carollo: Second. Chair Gort: There's a motion, second. Vice Chair Hardemon: And I would love to hear any other discussions from the -- my Board Members, if you have something to say. Chair Gort: Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I concur with my colleague. I think, you know, they made a very strong argument; however, if you follow the rule of law, I don't see where, you know, our Planning director erred. And when I say "a very strong argument, " I mean, you know, with regards to what they want for the area, and the vision that they have, and so forth; however, we can't go by our heart and that's all. We have to go by the rule of law, and I think in the rule of law, we could really see if they really did follow, even though I would even argue that maybe some of it is based on the Planning director's opinion, but in his opinion, he did follow, you know, all the steps, and the applicant followed all the steps. Therefore, I believe that he did not err, and I concur with Commissioner Hardemon's sentiments. Chair Gort: Any further discussion? I think you heard the -- they have 13 -- the bottom floor there is going to be commercial. I think you heard it from the community, so utilize that commercial to the best. Any further discussion? Mr. Min: It's a resolution. Chair Gort: Yes. Mr. Min: It's a resolution. City of Miami Page 178 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 D3.1 15-00912 D3.2 15-00913 Chair Gort: A resolution. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Min: Mr. Chair, that concludes the PZ agenda. We still have the regular agenda, as well as the budget hearing. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the October 8, 2015, Regular Commission Meeting. DISCUSSION ITEM ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS. 15-00913 E-Mail - Discussion Item.pdf DEFERRED City of Miami Page 179 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 NON AGENDA ITEM(S) NA.1 15-01261 Note for the Record: Item D3.2 was deferred to the October 8, 2015, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 RESOLUTION VICE CHAIR KEON HARDEMON END OF DISTRICT 5 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Commissioner (4/5THS) AFFIRMATIVE VOTE, ALLOCATING GRANT FUNDS FROM THE Wifredo (Willy) Gort DISTRICT 1 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN A TOTAL AMOUNT NOT TO EXCEED $203,094.00, FOR AN EDUCATION SCHOLARSHIP ASSISTANCE PROGRAM OPERATED BY THE MIAMI BAYSIDE FOUNDATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 15-01261-Submittal-Kathleen Murphy -Miami Bayside Foundation Sholarship Program.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0426 Chair Gort: Okay, there's an item that I'd like to bring up, if you'll allow me for a minute. It's a pocket item that I have an idea the way I'm going to utilize the funds that I have for empowerment for -- Could you read it? Victoria Mendez (City Attorney): I can read it, Chair. A resolution of the Miami City Commission, by a four -fifths affirmative vote, allocating grant funds from District 1 share of the City of Miami's Antipoverty Initiative Program, account number -- very long account number -- in a total amount not to exceed $203, 094, for an Education Scholarship Assistance Program, operated by Miami Bayside Foundation; authorizing the City Manager to execute any and all documents necessary to effectuate the program in a form acceptable to the City Attorney's Office. Thank you. Vice Chair Hardemon: So moved. City of Miami Page 180 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Commissioner Carollo: Second. Chair Gort: Thank you. Been moved Vice Chairman Hardemon; second by Commissioner Carollo. I really appreciate it. The reason I'm using this, I think one of the best things we can do, make sure those kids that come out of high school, if they like to go to college, they can go ahead and go to college, and we would have -- there's ways for them to do that. And same thing, we're going to have -- not evetybody wants to go to college. Not evetybody wants to go university. We're going to have technical school also where they're going to be teaching certain operation. Okay. Yes, ma'am. Renita Holmes: Madam Holmes, a local district, 2 and 5 -- 3 -- I'm sorry. I'm just a little bit concerned because I want to thank you all for making -- what a wonderful move. In the recent observations in which I have a report for you, Commissioner -- that's why I was trying to beat you down -- we have had women and mothers that are working, you know, without bus passes, without daycare; although we have 18 million or 7 million surplus, that are living in the HAC, in the Homeless Assistance Center. They are not allowed to study. Very intelligent women, by the way, who did a sit-in down at the County, but unfortunately, last night I had to get a working mom who's in school that was evicted, that's a diabetic, that's eight months pregnant; still going to school and working, and with a one year old sitting in McDonalds because she showed up two hours late, but how 'bout if I give you 13? I'll leave it right there. They'll be here to tell their story about how they've been wanting to do things. They've written a book, which I have for you, which I was trying to get to you on time, but I'm one of those same persons and mothers with disability, who have a business mind, although I'm impoverished. But when we have programs and direct referrals from agencies that have women that are about to make it, where they have bad attitudes of staff, I would hope that Bayside Foundation, Chapman Partnership, Salvation Army, who has an abundant [sic], a very strong and determined women have first dibs on those scholarships, because some of them are working, and that same young lady was about to move in an apartment for months. What a waste. But I would ask that you would make sure that we relate somehow those scholarships go directly to those who are already in the midst of success, who are about to reach that achievement; and that we remove, depending upon staff, who may need some scholarships, or at least some more education. Thank you so kindly. Chair Gort: Yes, ma'am. I'd like to recognize the Bayside Foundation, if they could come forward and explain a little bit about the program. Nathan Kurland. Nathan Kurland, 3132 Day Avenue. Commissioners, this is a very happy day for the Miami Bayside Foundation. We have -- feel great gratitude to Commissioner Willy Gort for this amazing program that we know will help bring people into good educational opportunity and then will lead them on to a good -paying job so they could be productive citizens in the City of Miami. I'd like to turn the dais over to our executive director, Kathleen Murphy. Kathleen Murphy: Thank you. Good morning. Kathleen Murphy, executive director of Miami Bayside Foundation. In the last five years, we have awarded 507 scholarships, for a total of $475,500. We have scholarship endowments at various institutions totaling more than $1.6 million at various institutions. The Foundation is thankful to the City of Miami, and particularly Commissioner Gort, for the opportunity to improve the lives of so many young people. Miami Bayside Foundation, Commissioner Willy Gort Scholarship Program, was created to residents of District 1 that have a demonstrated need, and are first-time college students planning to attend George T. Baker Aviation Technical College, Lindsay Hopkins Technical College, and Miami Dade College. We have chosen programs at these colleges that had the highest job placement rates: all 3 at George T. Baker, 14 at Lindsay Hopkins, and 17 at Miami Dade College. They are listed in the applications that we have. I just handed to you. We're all working closely with the principals of technical colleges and all the financial aid officers. We are in conversations with the Miami -- with the school system and the CAP (Career Advisory Program) advisors at Booker T. Washington, Jackson, and Miami Senior High Schools. Those high schools are the City of Miami Page 181 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 ones closest to District 1. We're also talking to various veteran organizations. They all have the application in hand, and they're all going to be talking to all the constituents and passing around the information. The application is posted on our website now. We're going to be promoting this through the community, through the media, and other channels. Once again, thank you very much for this opportunity. Chair Gort: Thankyou. Ms. Murphy: I also would like to introduce Pam Weller -- Chair Gort: Sure. Ms. Murphy: -- and Jane Herron, who are board members. Chair Gort: Thankyou. Ms. Murphy: Thank you. Unidentified Speaker: And (UNINTELLIGIBLE) Ewan. Unidentified Speaker: Yes. Ms. Murphy: Board members. Chair Gort: Thankyou very much. Unidentified Speaker: Thank you. Chair Gort: You guys are doing a good job. Mr. Kurland: Thank you. Chair Gort: Thank you. Okay. Todd B. Hannon (City Clerk): Chair, would you like to take a vote on that motion? Chair Gort: Yes. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. NA.2 RESOLUTION 15-01262 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A Tomas Regalado FIREWORKS DISPLAY WAIVER PURSUANT TO CHAPTER 19-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS", FOR THE SPANISH BROADCASTING SYSTEM'S GRAND SLAM PARTY LATINO TO BE HELD AT MARLINS PARK BEGINNING AT 7:00 P.M. ON DECEMBER 5, 2015, AND ENDING AT 1:00 A.M. ON DECEMBER 6, 2015. Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 182 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0427 Mayor Tomas Regalado: Chairman. Chair Gort: Yes, sir, you're recognized. Mayor Regalado: Thank you very much, Mr. Chairman. This is a pocket item related to an event at the Marlins Park on December 5. On December 5, there's going to be the biggest concert ever held in the City of Miami. Over 20 international stars will be at Marlins Park on a concert that is sponsored by the Spanish Broadcasting System. It's called Grand Slam Party Latino, to be held at the park, beginning at 7 p.m. on December 5 and ending at 1 a.m. at the latest -- they say before -- on December 6, 2015. Because the special event needs the approval of the City Commission, we're bringing this pocket item. The reason that it's not in the agenda is because the promoters were asked by the Marlins organization to have this approval so they can move forward with the contract, so I am presenting to you this resolution. Chair Gort: Thank you, sir. Is there a motion? Vice Chair Hardemon: Second. Commissioner Carollo: Move it. 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 aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. Chair Gort: Thank you, Mr. Mayor. NA.3 RESOLUTION 15-01274 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING Clerk NYKEAH COHEN AND SAMANTHA PRESTON AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST. 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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0409 Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. City of Miami Page 183 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 NA.4 15-01276 Vice Chair Hardemon: I know this -- the next item that comes up usually invites a little bit of conversation, and before we do that, what I'd like to do is -- I had an item that is a non -agenda item that is very, very quick, and it was basically to remove two individuals -- or I will be moving one, and I believe the Manager has another one -- from the Liberty City Trust so that we can make further appointments in the future. And so, what I'm asking is to be heard right now in removing of -- myself would be Nykeah Cohen; and then the Manager, I believe, he has Samantha Preston, and so we have to approve that at this board. Commissioner Carollo: That's the motion, right? Vice Chair Hardemon: That is the motion. Commissioner Carollo: Second. Chair Gort: Okay. I'm sorry; I didn't get the motion. Vice Chair Hardemon: So the motion is to remove Nykeah Cohen and Samantha Preston from the Liberty City Trust Board. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Thank you. 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 OCTOBER 8, 2015, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: VILLAGE OF KEY BISCAYNE VS. CITY OF MIAMI, CASE NO. 15-02997 CA 09 PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT. DISCUSSED Victoria Mendez (City Attorney): Chairman. Chair Gort: Yes. Ms. Mendez: May I please read a request for an attorney/client session for October 8? Could I read the little script before we break? Chair Gort: For (UNINTELLIGIBLE), read it. Ms. Mendez: Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011(8) Florida Statutes, I am requesting that at the next City Commission meeting of October 8, 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 the 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 or strategy sessions related to litigation expenditures. Thank you. City of Miami Page 184 Printed on 10/20/2015 City Commission Meeting Minutes September 24, 2015 ADJOURNMENT Chair Gort: Thank you, ma'am. Come back at 3? Come back at 3? Vice Chair Hardemon: Yeah. Commissioner Sarnoff.. Sure. Chair Gort: All right. Thank you all. See you at 3 o'clock. The meeting adjourned at 9:14 p.m. City of Miami Page 185 Printed on 10/20/2015