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HomeMy WebLinkAboutCC 2015-10-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com -mr,1°r ,° - ime9RP aRaii: IP AO .r r()„ '1 Meeting Minutes Thursday, October 22, 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 October 22, 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 AC - ATTORNEY -CLIENT SESSION BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 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 22nd day of October 2015, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 9:03 a.m., recessed at 12:42 p.m., reconvened at 3: 59 p.m., recessed at 4: 00 p.m., reconvened at 4: 27p. m., recessed at 4:31 p.m., reconvened at 4: 32 p.m., and adjourned at 8: 22 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chamber at 9:11 a.m., Commissioner Suarez entered the Commission chamber at 9:15 a.m., Commissioner Sarnoff entered the Commission chamber at 9:20 a.m,. and Commissioner Carollo entered the Commission chamber at 9: 31 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Nicole N. Ewan, Assistant City Clerk Chair Gort: Thank you. At this time, I'm going to ask to stand for the invocation and the pledge. Daniel J. Alfonso (City Manager): I got the pledge? Chair Gort: We do the invocation first. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-01375 PRESENTATION Honoree Venture Hive Summer Camp Participants Eduardo Fausto Muhina Ana Maria Rodriguez City of Miami Employee Milestone Service Awards !ma D. Sosa, Terry Rojas, Zaida Bernal, Ana Maria Duenas and Miriam Hernandez Perez Presenter Commissioner Suarez Mayor Regalado & Commissioners Mayor Regalado & Commissioners Mayor Regalado & Commissioners Commissioner Gort Protocol Item Certificate of Achievement Proclamation Certificate of Appreciation Service Award Salute City of Miami Page 3 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Planning and Zoning American Planning Great Places in Department and Wynwood Association America BID Award Republica Mayor Regalado Proclamation & Commissioner Suarez 15-01375 Protocol List.pdf PRESENTED 1) Commissioner Suarez presented the 2015 Venture Hive Summer Camp Participants with Certificates of Appreciation for their dedication to the program and honored their talents and academic excellence. 2) Mayor Regalado presented Eduardo Fausto Muhina with a Proclamation recognizing him as a hardworking individual, outstanding citizen and exemplary person, in addition to celebrating his 90th birthday. 3) Mayor Regalado and Commissioner Suarez presented a Certificate of Appreciation to Ms. Ana Maria Rodriguez, NET Administrator, recognizing her service and dedication to the City of Miami residents; further applauding her use of outstanding skills and knowledge in her conscientious commitment to elevating the quality of life in the City of Miami. 4) City Manager Alfonso presented Service Awards to various City of Miami Firefighters for their 25 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. 5) Chairman Gort saluted Ms. Zaida Bernal, Ms. Terry Rojas, Ms. Ana Maria Duenas, Ms. Ima Sosa, and Ms. Miriam Hernandez Perez, honoring their outstanding professional contributions to the community in the field of Affordable Housing, especially as it relates to assisting the elderly community in the City of Miami. 6) American Planning Association presented an award to the Planning and Zoning Department and the Wynwood Business Improvement District (BID), recognizing Wynwood as a Great Place in America. 7) Mayor Regalado and Commissioner Suarez presented Republica and its founder Jorge A. Placencia with a Proclamation, recognizing the organization's outstanding contributions and service to the City of Miami; further acknowledging them for being the recipient of the W3 Best -In -Show for the Miami Trolley App; and paying tribute to the company as one of the key catalysts in cementing the City of Miami's position as the technology hub for the Americas. Republica was charged with creating the Miami Trolley app as a tool for residents and visitors to find their way around the City. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. As we're doing now every month, I'd like to recognize some of the employees who are long-lasting City employees, so we're recognizing the longevity of servants to the public. Presentations made. Later... Presentations continued. City of Miami Page 4 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Nicole N. Ewan (Assistant City Clerk): There are minutes on the agenda for approval. The Planning & Zoning minutes of -- Commissioner Suarez: So moved. Ms. Ewan: Thank you. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second Commissioner Carollo: Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Madam, do we have any Mayor's vetoes? Nicole N. Ewan (Assistant City Clerk): No, Chair, there are no mayoral vetoes. Chair Gort: We're going to take a few minutes for -- we get full quorum. We got several presentations that we have to make today. Victoria Mendez (City Attorney): Chairman, would you like me to read the procedures? Chair Gort: Yes, ma'am, will you go through the procedures? Ms. Mendez: Thank you. I will state the procedures to be followed for this meeting. Any person who is a lobbyist, including all paid 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 the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official or board member or staff member 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 in writing. A copy of this Code section is available in the City Clerk's Office. The material for each item on the agenda today is available City of Miami Page 5 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aides and services for this meeting may not the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. There will also be a Omni CRA (Community Redevelopment Agency) meeting during the recess and a shade meeting as well. Thank you. Chair Gort: Thank you. We'll wait a few minutes for other Commissioners to follow us. Later... Chair Gort: Thank you all. Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, good morning, sir. For the order of the day, we're going to have a couple of items that are going to be deferred. One of them is CA.6, will be deferred to November 19; FR.3 will be deferred to January 14; FR.6 will also be deferred to January 14, and RE .7 will be deferred to November 19. Chair Gort: RE.7? Mr. Alfonso: RE.7, yes, sir. Commissioner Suarez: What are the other ones, I'm sorry? Mr. Alfonso: Okay, I'm going to read these again. CA.6 and RE.7 are being deferred to November 19; FR.3 and FR.6 are deferred to January 14. Commissioners, when we consider the consent agenda, we need to take CA.4 separately, and pass it, contingent upon the Omni CRA (Community Redevelopment Agency) meeting that will occur at noon. Chair Gort: Thank you. At this time, does any of the Commissioners would like to pull any item? Any of the Commissioners? Before we go on, do we have any Mayor's veto? Nicole N. Ewan (Assistant City Clerk): Chair, I need a motion on the deferrals. Commissioner Suarez: Move the deferrals as stated by the Manager. Commissioner Sarnoff Second Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying bye." City of Miami Page 6 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 The Commission (Collectively): Aye. Later... Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: May I move to continue item SR.1? Chair Gort: SR. 1. Commissioner Carollo: Second. Chair Gort: Been moved by -- Commissioner Sarnoff Can we just hear a little discussion on that? Vice Chair Hardemon: I didn't want to hear any discussion on it, and the reason I didn't want to hear any discussion on it just yet, Commissioner, is because tackling these issues in the Wynwood area has caused me a lot of heartache in my Overtown community, and so I want to be able to at least have a well-informed discussion with them before we have a discussion on the dais. And many of the issues that we've discussed here on this dais has been misconstrued by my community, and it's very difficult to explain to someone something different than what the Miami Times writes. So I just want -- and that -- to me, it's extremely important for this issue. I do think this issue is going to be something that we're going to eventually pass in some significant way, and so that's why I don't want to have any discussion on it just yet. Commissioner Sarnoff Can I just say -- because I won't be able to -- this will probably be my last time up here, and I will not be in a position to talk to you about it probably for two years, so I would -- I hear what you're saying, but I would strongly urge you in the process that you want to go through so that people understand issues, which is tough, and especially in your area, it's very tough. Just keep a little bit in mind: Compromise is a good thing, but you've just won probably the award for this set of rules and regs (regulations), and you, as the communicator that I know that you are, because I checked your record as a public defender -- you obviously know how to communicate to juries -- try to communicate the best sense of what this is to your community, because the Wynwood BID (Business Improvement District) is on the verge of greatness, and I know you know that. And, obviously, I'm going to support your deferral, but this is the last time I'll be able to talk to you about this. Try to find it in your heart and in your way of pivoting and allowing your community to have its say, but not at the expense of what I think this collective set of laws do, and I think this is, in part, the glue of the other five or six, whether they were PZ (Planning & Zoning) items or whether they were ordinances, that really make Wynwood not only a great place, but a great constitution, if you will, to make it even a better place. Vice Chair Hardemon: Okay. Chair Gort: Okay, there's a motion and a second. Yes, ma'am. Renita Holmes: Madam Renita Holmes, Women's Association Alliance Addressing Injustice and Violent Epidemia [sic]. Good morning. And I'd like to say "thank you" to Commissioner Sarnoff for speaking to my Commissioner, and to my Commissioner -- Chair Gort: Excuse me. City of Miami Page 7 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Holmes: -- for Chair Gort: We discussing the continuance. Ms. Holmes: You're discussing continuance? Chair Gort: Your Commissioner asked to -- Ms. Holmes: So it hasn't -- Chair Gort: -- defer the item. Ms. Holmes: Okay. Chair Gort: To continue it to the next meeting. Ms. Holmes: So maybe there'll be no need for a public hearing exactly, but I'd like to thank you for that anyway and give you accolades, and thank him for giving you that insight. That's my concern. Appreciate it. Chair Gort: Thank you, ma'am. All in favor, state it by saying Bye." The Commission (Collectively): Aye. Later... Chair Gort: SR.5. Daniel J. Alfonso (City Manager): Mr. Chairman, ifI may, I neglected to say earlier that we would request to defer SR.2 to January 19. My apology; I left that out. SR.2 was being deferred to January. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: To January? Mr. Alfonso: Yes, Commissioner. If we can bring it sooner, we'll bring it sooner. We're waiting on the IRS (Internal Revenue Services), so we're not sure how long they might take. Commissioner Carollo: So how do we -- Madam City Clerk, is the language correct that instead of deferring it to X'ilate, we could defer it to X"date or sooner? Nicole N. Ewan (Assistant City Clerk): It's up to you, Commissioner. You can defer it to a date certain. Chair Gort: Whenever the Administration's ready. Commissioner Carollo: So it could be done where -- we could say to January or sooner? Ms. Ewan: You can say to January 14 or the 28th, and the City Administration can choose to defer it to those dates in January. Commissioner Carollo: No, no, but that's not my question. My question is -- City of Miami Page 8 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Ewan: It has to be date certain, Commissioner. Commissioner Carollo: It has to? Ms. Ewan: Or you can say "indefinitely defer," which, you know, would give it -- Mr. Alfonso: Six months. Ms. Ewan: Six months. Commissioner Carollo: So my question is, if just a date certain, can it be brought back to the Commission sooner than that date certain? Ms. Ewan: No, Commissioner. Mr. Alfonso: Okay, can we just say "defer" then, and then whenever it's ready, we'll bring it back? Commissioner Carollo: Yes. Ms. Ewan: We need it to be date certain. Commissioner Carollo: Defer it to November, and then if we don't -- Mr. Alfonso: Okay, can -- Commissioner Carollo: -- have enough time, we'll continue it. Mr. Alfonso: -- it be -- what is it required to move it off of this agenda and bring it back when it's ready? Ms. Ewan: You can say it can be deferred to November; and if it's not ready, at that time -- Mr. Alfonso: Okay. Ms. Ewan: -- you can move it forward Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: Okay, that's fine. Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: Can we please do that? Chair Gort: Okay. Commissioner Suarez: So moved. Ms. Ewan: That would be deferred to November the 19th, for the record. Commissioner Carollo: Second. Mr. Alfonso: Thank you. City of Miami Page 9 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Moved and second. Any further discussion? Being none, all in favor, state it by saying c ye. " The Commission (Collectively): Aye. CONSENT AGENDA CA.1 RESOLUTION 15-01174 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWENTY-ONE (21) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT -CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED, FOR PUBLIC RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 15-01174 Summary Form.pdf 15-01174 Legislation.pdf 15-01174 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0467 CA.2 RESOLUTION 15-01221 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Management AIRSPACE AGREEMENT ("AGREEMENT") WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM, PROVIDING FOR THE LEASE OF FDOT-OWNED PROPERTIES, IDENTIFIED AS FOLIO NUMBERS 01-3219-000-0260 AND 01-3219-044-0020, MIAMI, FLORIDA, ALSO KNOWN AS FDOT PARCELS 3973 AND 3974, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AT NO COST TO THE CITY OF MIAMI ("CITY") FORATERM OF TEN (10) YEARS WITH ONE OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEARS; FOR THE PURPOSE OF PROVIDING RECREATIONAL AMENITIES FOR THE PUBLIC, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT. 15-01221 Summary Form.pdf 15-01221 Legislation.pdf 15-01221 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 10 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 CA.3 15-01254 Department of Police R-15-0468 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH TEJERA TV, LLC ("COMPANY") TO ALLOW THE COMPANY TO FILM AT THE MIAMI POLICE DEPARTMENT, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, AND OTHER PREMISES WITHIN THE JURISDICTION OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO FACILITATE ACCESS ON THE PREMISES CONSISTENT WITH THIS AGREEMENT AND ACCEPT CONTRIBUTIONS MADE PURSUANT TO THE AGREEMENT. 15-01254 Summary Form.pdf 15-01254 Legislation.pdf 15-01254 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0469 CA.4 RESOLUTION 15-01229 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $710,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES WITHIN THE OMNI REDEVELOPMENT DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01229 Summary Form.pdf 15-01229 Legislation.pdf 15-01229 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-15-0473 Daniel J. Alfonso (City Manager): Now, can we take CA.4, contingent upon the item passing at the CRA (Community Redevelopment Agency) meeting? Chair Gort: Right. City of Miami Page 11 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Sarnoff. So moved Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Alfonso: Thank you, Commissioners. CA.5 RESOLUTION 15-01164 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO, AND ON BEHALF OF, HERMAN BRIDGES, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000.00, 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. 15-01164 Memo - Office of the City Attorney.pdf 15-01164 Memo - Budget Sign-Off.pdf 15-01164 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0470 CA.6 RESOLUTION 15-01175 Department of Real TO BE DEFERRED BY THE ADMINISTRATION Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED, THE DONATION OF A PARCEL OF LAND IDENTIFIED AS PORTIONS OF FOLIO NOS. 01-3230-012-0060 AND 01-3230-095-0001 LOCATED AT APPROXIMATELY City of Miami Page 12 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 NORTHEAST 32ND STREET AND NORTHEAST 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN "EXHIBITA", FROM PRH NE 31ST STREET, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND THIRTY-FIRST STREET PROPERTY OWNER LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTORS"), TO THE CITY OF MIAMI, SAID DONATION TO INCLUDE ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 15-01175 Summary Form.pdf 15-01175 Back -Up Document.pdf 15-01175 Pre-Legislation.pdf 15-01175 Legislation.pdf 15-01175 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Note for the Record: Item CA. 6 was deferred to the November 19, 2015, Regular Commission Meeting. CA.7 RESOLUTION 15-01315 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PAYMENT TO THE CITY OF MIAMI ("CITY"), IN THE AMOUNT OF $150,000.00, IN FULL AND FINAL SATISFACTION OF ALL AUDIT MATTERS OR LIABILITIES AND OBLIGATIONS OF BAYSHORE LANDING, LLC ("BAYSHORE"), A FLORIDA LIMITED LIABILITY COMPANY, PERTAINING TO A LEASE OF CITY -OWNED PROPERTY, LOCATED AT APPROXIMATELY 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, BEFORE MAY 21, 2015; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS WITH BAYSHORE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT SAID PAYMENT. 15-01315 Summary Form.pdf 15-01315 Legislation.pdf 15-01315 ExhibitA.pdf 15-01315 Exhibit B.pdf 15-01315 Exhibit C.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0471 Adopted the Consent Agenda City of Miami Page 13 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PH.1 15-01217 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Commissioner Suarez: Move the consent agenda. Commissioner Sarnoff Second Chair Gort: With the -- Commissioner Sarnoff. Except for 4. Chair Gort: -- without 4 and 6. Commissioner Suarez: Without C.4 [sic] and defer to CA.6. Chair Gort: Okay, it's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION PUBLIC HEARINGS Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY Management MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, AT NO COST, FOUR (4) PARCELS, IDENTIFIED AS FOLIO NUMBER(S) 01-0201-010-1120, 01-0201-010-1160, 01-0113-080-3130, AND 01-0113-090-1141, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED, TO BE USED FOR TRANSPORTATION PURPOSES IN CONNECTION WITH THE SOUTHWEST 1ST STREET BRIDGE REPLACEMENT PROJECT (STATE ROAD 968); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SUCH CONVEYANCE, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS NEEDED TO MEET THE BEST INTERESTS OF THE CITY OF MIAMI. 15-01217 Summary Form.pdf 15-01217 Notice to the Public.pdf 15-01217 Legislation.pdf 15-01217 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 14 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0457 Chair Gort: PH.1. Daniel Rotenberg: PH.1. Good morning, Commissioners. Daniel Rotenberg, director, Department of Real Estate & Asset Management. PH.1 is a resolution declaring surplus, and authorizing the City Manager to execute quit claim deed conveying to the State of Florida Department of Transportation four parcels adjacent and to be used for the replacement and rebuilding of the first -- Southwest I st Street Bridge. Cost of the bridge is approximately $60 million, and the total project contribution to the City of Miami is approximately $118 million. Chair Gort: Okay, thank you. It's a public hearing. Is anyone in the public would like to address this issue? Renita Holmes: Madam Holmes again, for the record. Just one question and concern for the record is that there is a noted impact report -- excuse me -- in the process similar to this one, and my thing is this: Always looking for those environmentals [sic]. Through the Chair, is there a requirement for environmental impacts when we convey attached? Is there an environmental attachment when it comes to coastal properties conveyed? Victoria Mendez (City Attorney): I -- ifI can answer? Chair Gort: Yes, ma'am. Go ahead. Ms. Mendez: No, there is not, Madam Holmes. Ms. Holmes: There's no requirement for environmental impact? Ms. Mendez: No. Ms. Holmes: Thank you. Ms. Mendez: Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Do I -- my understanding, this is the -- that bridge has been there -- I think it's 60 or 70 years, or something like that; about time it was replaced. Daniel J. Alfonso (City Manager): We're going to get a great, new bridge; higher clearance. This is well worth the effort. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying bye." The Commission (Collectively): Aye. PH.2 RESOLUTION City of Miami Page 15 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 15-01235 Department of Capital Improvement Programs/Transportat ion A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY ("FPL"), A FOR -PROFIT FLORIDA CORPORATION, FORA PERPETUAL, NON-EXCLUSIVE UNDERGROUND EASEMENT OF A PORTION OF CITY OF MIAMI OWNED PROPERTY, DESIGNATED AS "FPL VAULT EAST," LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AND LOCATED AT THE MIAMI MARINE STADIUM PROJECT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT. 15-01235 Summary Form.pdf 15-01235 Norice to the Public.pdf 15-01235 Legislation.pdf 15-01235 Exhibit.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-15-0458 Chair Gort: PH.2. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvement & Transportation. PH.2 is a resolution authorizing the City Manager to grant an electrical easement to FP&L (Florida Power & Light) for the east electrical vault on Miami Marine Stadium. Chair Gort: Thank you, sir. Commissioner Suarez: Move it. Chair Gort: Public hearing. Is anyone in -- moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Sarnoff. Anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Any comments. Discussion? Being none, it's an ordinance. Commissioner Suarez: It's a public hearing. Commissioner Sarnoff. Reso. Nicole N. Ewan (Assistant City Clerk): Chair, it's a resolution. City of Miami Page 16 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PH.3 15-01237 Department of Capital Improvement Programs/Transportat ion Commissioner Sarnoff Reso. Commissioner Suarez: It's a PH (Public Hearing) item. Chair Gort: Reso. Sorry about that. Yes, resolution. 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 GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY ("FPL"), A FOR -PROFIT FLORIDA CORPORATION, FORA PERPETUAL NON-EXCLUSIVE UNDERGROUND EASEMENT FORA PORTION OF CITY OF MIAMI OWNED PROPERTY, DESIGNATED AS "FPL VAULT WEST," LOCATED AT 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AND LOCATED AT THE MIAMI MARINE STADIUM PROJECT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT. 15-01237 Summary Form.pdf 15-01237 Notice to the Public.pdf 15-01237 Legislation.pdf 15-01237 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0459 Chair Gort: Okay, we stay in -- PH.3. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): PH.3 is a resolution authorizing the City Manager to execute and grant an electrical easement to Florida Power Light for the west electrical building on Miami Marine Stadium. Chair Gort: Okay. Anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Commissioner Suarez: Move it. Chair Gort: Moved by Commissioner Suarez. Commissioner Carollo: Seconded. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in City of Miami Page 17 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PH.4 15-01236 Department of Capital Improvement Programs/Transportat ion 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 GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, GRANTING FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION ("FPL"), A PERPETUAL, NON-EXCLUSIVE UNDERGROUND EASEMENT OF A PORTION OF CITY -OWNED PROPERTY LOCATED BETWEEN 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AND LOCATED AT THE MIAMI MARINE STADIUM PROJECT, ENCLOSING A FPL DUCT BANK ("FPL DUCT BANK"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "Pk", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, AND THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 15-01236 Summary Form.pdf 15-01236 Notice to the Public.pdf 15-01236 Legislation.pdf 15-01236 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0460 Chair Gort: PH.5. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): PH.4? Commissioner Suarez: Four. Chair Gort: Four. Mr. Rodriguez: PH.4 is a resolution authorizing the City Manager to grant an electrical easement to Florida Power & Light for the underground duct bank connecting both the east and west electrical building on Miami Marine Stadium. Chair Gort: Thank you. It's a public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: Moved by Commissioner Suarez. Commissioner Carollo: Second. City of Miami Page 18 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PH.5 15-01348 Chair Gort: Second by Commissioner Carollo. It's a resolution. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT ("AGREEMENT"), WITH TERMS AS DESCRIBED HEREIN BETWEEN THE CITY OF MIAMI ("CITY"), FDG RAIL HOLDINGS 25 LLC ("FDG") AND ALL ABOARD FLORIDA - OPERATIONS LLC AND/OR ITS AFFILIATES (COLLECTIVELY, "AAF"), FOR A LAND EXCHANGE OF TWO CITY -OWNED PROPERTIES, ONE OF WHICH CONTAINS APPROXIMATELY 0.18 ACRES, LOCATED AT 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED ("CITY PROPERTY SOUTH"), AND THE OTHER OF WHICH CONTAINS APPROXIMATELY 0.32 ACRES, IDENTIFIED AS FOLIO NUMBER 01-3136-000-0090 AND LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED ("TRACTS F&G"), IN EXCHANGE FOR THAT CERTAIN FDG-OWNED PROPERTY, CONTAINING APPROXIMATELY 0.50 ACRES, LOCATED AT 435 NORTHWEST 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C", ATTACHED AND INCORPORATED ("FDG PROPERTY"); PROVIDING THATAAF SHALL FURTHER PAY THE CITY FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) AS A PUBLIC BENEFITS CONTRIBUTION FOR THE ESTABLISHMENT OF A NEW CITY FIRE STATION IN THE NEARBY AREA AND SHALL BE GRANTED CERTAIN CROSSING RIGHTS TO ALLOW AAF TO USE THAT CERTAIN PORTION OF NORTHWEST 8TH STREET INCLUDING SUBSURFACE AND AIR RIGHTS AS DESCRIBED IN EXHIBIT "D", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SUCH LAND EXCHANGE TRANSACTION IN ACCORDANCE WITH TERMS AND CONDITIONS PRECEDENT AS DESCRIBED HEREIN, WITHAAFAND/OR FDG COVERING THE COSTS ASSOCIATED WITH THIS TRANSACTION, INCLUDING SURVEY, TITLE INSURANCE AND CLOSING COSTS, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN SAID AGREEMENT. 15-01348 Summary Form.pdf 15-01348 Notice to the Public.pdf 15-01348 Legislation.pdf 15-01348 Exhibit -Agreement SUB.pdf 15-01348-Submittal-Daniel Rotenberg Director of DREAM -Legislation Modification.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0474 City of Miami Page 19 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: PH.5. Daniel Rotenberg: Morning. Daniel Rotenberg, director, Department of Real Estate & Asset Management. PH.5 is a resolution authorizing the City Manager to execute a real estate purchase and sale agreement -- actually, a purchase and exchange agreement -- between the City and All Aboard Florida. Each piece of land is approximately half of an acre. This is providing that All Aboard Florida shall pay the City $500,000 as a public benefit contribution for the establishment of a new fire station in the nearby area, and should be granted certain crossing rights to allow All Aboard Florida to use that certain portion of Northwest 8th Street, including the air rights. There's going to be a substitution that's going to be handed out on the dais. The City Attorney added on some language: "Providing for competitive bidding requirements" at the last minute. It was changes that were made by our City Attorney. Victoria Mendez (City Attorney): Yes. The resolution is basically very similar to what you have before you, but we're just passing out certain changes just to show the exemptions with regard to Chapter 18 and 29B, and also declaring the amounts -- the exact amounts of the property to show that there's no net loss in any park space; that there is also right-of-way contained in the amounts of the .50 acres and -- I'm sorry, not the .50 acres, but the .32 acres as well. So it's pretty straightforward, but just to clam certain information in the resolution. Thank you. Mr. Rotenberg: It also should be noted that as part of this exchange, All Aboard Florida is going to be handling the cost of straightening the street -- at approximate cost of two and a half million dollars, what we figure is going to be the cost now. Chair Gort: Okay. Commissioner Suarez: Move as amended. Chair Gort: Thank you. It's been moved by Commissioner Suarez, as amended. Commissioner Sarnoff Second. Chair Gort: Is there a second? Second. Anyone in the public would like to address this issue? Yes, sir. Jose Gonzalez: Good morning. Jose Gonzalez, senior vice president of Florida East Coast Industries and All Aboard Florida, 2855 LeJeune Road, Coral Gables, Florida 33134. Really, what I want to say is "thank you" to the Mayor, the Manager, City Attorney, and all staff for working very hard and diligently on this. Daniel particularly, has been great and accessible, so we truly thank you. And we're -- our entire team here, our legal team and our business team is here in case there's any questions. But we're looking at this as a great opportunity as part of our All Aboard Florida project. Chair Gort: Okay, thank you. Anyone else? Renita Holmes: Madam Renita Holmes, 350 Labre Place, on behalf of the public for public record inquiry, regarding any environmental requirements per the State of Florida of reports in this process entered into this exchange, I have not referenced or accessed any in the documents. I didn't have much time for thorough, thorough review, but upon clicking, so for a point of record, Madam -- through the Chair -- is there any environmental exchanges, limitations, conditions, covenants, reports, or any other data regarding this exchange of property that's noted? Ms. Mendez: This is an as-is/where-is transaction. City of Miami Page 20 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Holmes: As-is/where-is. Ms. Mendez: Yes. Ms. Holmes: So based on the location, that's not a requirement under State law, and any changes considering that it is a transportation and a Federal guideline? You know the stuff. Ms. Mendez: We're in compliance with all those regulations. Ms. Holmes: Thank you. And matter of record, we're in compliance, Madam? Ms. Mendez: Yes. Ms. Holmes: Thank you. Ms. Mendez: Thank you. Chair Gort: Thank you. Any further discussion? Anyone else in the public would like to address this one issue? Seeing none, hearing none, close the public hearing. Now, my understanding is, you guys are going to solve all the problems in transportation within Miami -Dade County. This is one of the reasons why we're working so hard with you all, and especially eliminate the train at 3 o' clock in the morning in certain neighborhoods. Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Thank you, Mr. Chairman. Although I'm a proponent of All Aboard Florida, I just want to ask a few questions for clarity. When I first looked at the resolution, I saw that there was actually a fraction, but it's still fraction of less parkland. So in order to address our no -net -loss policy, I see this document now that I -- we just received. So how is this being addressed, because --? Daniel J. Alfonso (City Manager): Commissioner, there is no loss of parkland. You're talking about the difference between .50 and .52, but the parkland is only -- Commissioner Carollo: I thought it was .6 -- Ms. Mendez: Correct, and let me -- Chair Gort: Yes, go ahead. Ms. Mendez: -- address that. Thank you. We -- I didn't -- I wasn't as articulate when I mentioned it before, but basically, we made sure and clarified that the land exchange minus any right-of-way is .18 is what the City is giving up, .18 and .32. Before, as you know, it was .30, but we lefi out the right-of-way. So now the new resolution that's before you has .18 and .32 acres, which is different than the amount before that was .30 and .32. So it's been lefi out, so there's no net loss of any type of park space or anything like that. Commissioner Carollo: So for clarity, what you're saying is that even though there was a net loss when you include in that amount, the reduction of public right-of-way that there is no net loss. Ms. Mendez: Right. There is no net loss with regard to this transaction at all, at this time, and we clarified it in the resolution. It is equal land that is being exchanged. City of Miami Page 21 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Carollo: Because you're deducting from the original amount the public right-of-way? Ms. Mendez: Exactly, which should not have been a part of the calculation to begin with. Mr. Alfonso: Right. The amount of parkland, Commissioner, of the entire space is only .18. It's not the entire amount. It's only .18 of an acre, which is parkland. In the new parcel, which is a little over a half an acre, .18 will be designated parkland. The rest will be left for other uses, because that's where we intend to build the fire station in the future. Chair Gort: That's my understanding; we are going to build a fire station there. Mr. Alfonso: Commissioner, our intent is -- and we are working with AT&T (American Telephone & Telegraph) right now to acquire a piece of land that they own adjacent to get a large enough space to build a fire station that will eventually replace Station 1 downtown. Chair Gort: Okay, thank you. Commissioner Carollo: Mr. Chairman, follow up. Chair Gort: Yes, sir. Commissioner Carollo: And that's the other concern, Mr. Manager, with regards to AT&T. Now, from what I've seen, we -- if this swap happens, we will now own a parcel, AT&T will own the following parcel, and then we own another little sliver. So we would actually -- in order to make it a fire station, we would have to acquire the AT&T land, correct? Mr. Alfonso: Yes. We are working with AT&T -- that's what I just said -- to acquire a piece of land so that we can complete the lot large enough to build the fire station on. Commissioner Carollo: Has there been any conversations with AT&T with regards to this? Mr. Alfonso: Yes. Mr. Rotenberg: We have had communications, yes. Commissioner Carollo: And could you -- I -- could you elaborate on those communications? Is there --? Mr. Rotenberg: There was a letter sent. There have been discussions about the actual parcel. Commissioner Carollo: And what I'm -- and -- okay, so I'll be a little more specific. What I'm concerned about is that now -- before we didn't own that land. Now that we own that land, I don't want prices to go up. In other words -- Mr. Rotenberg: That's -- Commissioner Carollo: Because now -- Mr. Rotenberg: -- completely opposing to anything that I can possibly do. Commissioner Carollo: Understood. However, if we don't own this land, we could purchase that land prior to doing this transaction, is what I'm saying, because, obviously, there's more of a need for the City of Miami now to purchase this land if we've made public that we're intending to City of Miami Page 22 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 do a fire station there. Now, all of a sudden, we cannot -- Can we do a fire station with the footprint that we're swapping right now? Mr. Alfonso: No. Mr. Rotenberg: No. Commissioner Carollo: No. Mr. Rotenberg: It's not large enough. Commissioner Carollo: And that's exactly my point. Mr. Alfonso: But we cannot do a fire station at the .18 acres that we own, either. Mr. Rotenberg: The tenor of the conversation so far had been moving forward. I think there's a willingness of AT&T to work with us. There's a piece behind -- that sliver that you're talking about, I think AT&T has a desire to have that sliver which is behind that building as well, so they have a reason to go ahead and work with us, aside from just being the City. They want that sliver behind the building. Commissioner Carollo: And that's what I was talking about, Mr. Manager, that if the swap happens, we will own a piece of land, AT&T will then own a piece of land, but then there's a sliver -- Mr. Alfonso: No. Commissioner Carollo: -- that we also own. Mr. Alfonso: Commissioner, if you look at Exhibit "C" that is attached to the agenda, the shaded area is the piece of land that we are acquiring. Commissioner Carollo: Right. And what's that sliver triangular piece? Because that's -- Mr. Rotenberg: Can I approach and show you? Commissioner Carollo: -- the piece -- that's the sliver that I'm also talking about. Mr. Rotenberg: Can I approach and show you what --? Commissioner Carollo: Sure. Mr. Rotenberg: Let me show you. Chair Gort: You got to speak in the mike. You got to speak in the mike. Mr. Rotenberg: The parcel over here is what we're talking about. AT&T building is over here. They would like this piece behind their building (UNINTELLIGIBLE) control and return (UNINTELLIGIBLE) come up with this piece here. So this sliver over here -- I mean, AT&T, and they have their major trunk -- AT&T has a major trunk for all their fire optics in this building, so they would like to control this piece behind their building. We're going to be getting that entire parcel, so there is -- I guess we -- there's no requirement for them to sell it to us, but there is a willingness to go ahead and do this deal from AT&T, solely just because they want control of the piece behind here. City of Miami Page 23 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 SR.1 15-00809 Department of Planning and Zoning SR.2 15-01238 Commissioner Carollo: So this is where we -- Mr. Rotenberg: That's a negotiating piece. Commissioner Carollo: Okay. Chair Gort: When you go back to the mike, will you explain what you just did? Mr. Rotenberg: Sure. On Exhibit "C, " the description of the property, the .5 acres or .52 acres over there, it's irregularly shaped. There's a portion -- if you look at the -- I guess it's a green area at the bottom; there's a sliver of -- piece of land that is not really conducive to building anything on. However, it does sit behind the AT&T building, which allows them to move around the building. There's a willingness of-- between us and AT&T, but AT&T would like to control that piece, and we've had discussions with them. We've had -- we've exchanged discussions. We've exchanged a written document at this point, and I think that we're going to be able to continue and end up with a sale. Commissioner Carollo: Thank you. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Nicole N. Ewan (Assistant City Clerk): As amended. Chair Gort: As amended, yes. END OF PUBLIC HEARINGS SECOND READING ORDINANCES 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(v3).pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item SR.1 was deferred to the November 19, 2015, Regular Commission Meeting. ORDINANCE Second Reading City of Miami Page 24 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 City Manager's Office SR.3 15-01126 District 4- Commissioner Francis Suarez 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. 15-01238 Summary Form SR.pdf 15-01238 Actuarial Impact Statement.pdf 15-01238 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, 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 SR.2 was deferred to the November 19, 2016 Regular Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ SILVER BLUFF COMMERCIAL PARKING IMPROVEMENT TRUST FUND", MORE PARTICULARLY BY AMENDING SECTIONS 35-253 AND 35-254, TO CREATE A TRANSPORTATION TRUST FUND; CONTAINING A REPEALER PROVISION, ASEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01126 Back-up Documents FR/SR.pdf 15-01126 Legislation SR (v2).pdf 15-01126-Submittal-Commissioner Marc D. Sarnoff-D2 Unrestricted Definition.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13568 Chair Gort: SR.1. Daniel J. Alfonso (City Manager): SR.3, Commissioner Suarez. Chair Gort: SR.3. Commissioner Suarez: Thank you, Mr. Chair. SR.3 is the second reading of the Transportation Trust Fund. This came up on first reading a couple of meetings ago. I've asked for two amendments that were based on questions and comments and concerns expressed by my colleagues. One of them is in Section 'A," where it mentions the Zoning Ordinance of the City, as amended, shall be reserved for the same purposes, with the exception of the cash contribution City of Miami Page 25 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 to the Benefit Trust Fund for affordable workforce housing as defined in Section 62-642, " and that was specifically to address Commissioner Hardemon's concern that affordable housing public benefit funds not be used for this fund. And secondly, in Section `B, " to address Commissioner Carollo's concern about the source of the funds, we put in a sentence that says, "These funds shall, to the extent possible to meet the one -quarter of 1 percent minimum, primarily consist of restricted funds eligible for said purpose, not already allocated for other expenditures." So that was put in there specifically to meet -- to deal with the concerns that he had expressed about whether there may be some other eligible sources of funds that could be used, like LOGT (Local Option Gas Tax), half -sent funds, et cetera. So, on second reading, I'd like to move the item. Commissioner Sarnoff Second. Chair Gort: Been moved and second. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearings. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Discussion, please. Chair Gort: Si. Commissioner Carollo: So, like I mentioned in the last meeting, I am a supporter of having a transportation trust fund, and as I mentioned the last time, we actually have similar funds that are special revenues just for transportation, but I definitely see how the importance of naming one as a transportation trust fund so everybody knows that we have such a mechanism. And I don't want to lose track that transportation is the purview of another governmental agency, and that doesn't mean thatl don't believe in subsidizing other -- another agency's responsibility, so with that said, Commissioner Suarez, you mentioned with regards to letter "B" that you addressed the issue. I read it, but I didn't see that -- Commissioner Suarez: That's okay. Commissioner Carollo: -- so with regards -- could you go over it again and tell me with regards to the restrictions? Commissioner Suarez: So, it was a three-part process. One of them was for capital; second was for O&M, which is Section "B"; and you had mentioned at the last Commission meeting that you wanted to make sure that if we could use restricted funds and liberate general funds for that purpose that we should go to that pot first, which makes sense. Commissioner Carollo: Absolutely. Commissioner Suarez: And then the Manager had made the argument that the restricted funds, as we currently budget them -- that doesn't mean that we may budget them differently in the future -- were allocated at the time. So what I did was I said -- I sort of incorporated your concept, but allowed for the future disposition of funds and allocation of funds, which can change from year to year. So what it says is "these funds shall" -- in other words, the quarter percent of the budget that is being put into this fund -- "shall, to the extent possible to meet the one -quarter percent minimum, primarily consist of restricted funds eligible for said purpose, not already allocated for other expenditures. " So that takes into account the two -- you know, your preference that it be restricted funds and the Manager's recognition that in this particular case, they're already allocated, so if we decide as a Commission during our budget process that we, City of Miami Page 26 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 for example, don't want to allocate all our LOGT funds or don't want to allocate all our half -cent funds and -- I'm sorry -- don't want to allocate them to something other than the Transportation Trust Fund, we can allocate them to the Transportation Trust Fund, and we can free up general fund dollars to do whatever we want with. So that was your concern, and I wanted to address that, in addition to Commissioner Hardemon's. Commissioner Carollo: Okay, I understand you're trying to address it, and I appreciate that. It's just doing -- you're -- it's being done in lawyer terms, so I want to make sure we get back to my original issue with it, which is, I wanted to make sure that we exhaust fundings [sic] that is already having to be used for transportation. Commissioner Suarez: Right. Commissioner Carollo: So in other words, I didn't want this quarter of a percent that, you know -- it's all relative -- Commissioner Suarez: Sure. Commissioner Carollo: -- because a quarter of a percent is, hey, that's no big deal, but when -- Commissioner Suarez: Right. Commissioner Carollo: -- it comes out to $1.6 million, obviously, you know that -- Commissioner Suarez: Right. Commissioner Carollo: -- we've had a lot of arguments, and the Administration have had a lot of arguments over much less than that. Commissioner Suarez: Sure. Commissioner Carollo: So what -- my intent was that instead of using general fund dollars for this, some other special revenue that has to only be used for transportation -- Commissioner Suarez: Right. Commissioner Carollo: -- should be used for this. Commissioner Suarez: Right. Commissioner Carollo: So that's where -- I didn't want to put -- Commissioner Suarez: And remember -- let me just -- may I jump in? Commissioner Carollo: So that's where I'm saying -- so I prefer it being from, you know, another fund restricted only for transportation -- Commissioner Suarez: Right. Commissioner Carollo: -- that right now is available and we've seen that -- Commissioner Suarez: Right. Commissioner Carollo: -- it's available, than just the general fund, because in the future, where we may have issues with, you know, our finances or we need to cut back or so forth, having a City of Miami Page 27 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 mandate that X'hmount from our general fund has to go to this, I don't think was wise. Commissioner Suarez: Right. So we budget -- we make those budgeting decisions, whether we take it from one fund or another fund, so that's really the way it works. So whether we make good decisions or bad decisions, ultimately, that's how it's all going to shake out. But what this sets up is a priority system, based on your concern, that says we will first look to restricted funds that can be used for that purpose, and if those funds are already allocated -- in other words, we've already allocated them -- then we use general funds. I mean, there's no other funds other than those funds. So what I'm saying is, I'm agreeing with your concept, and I'm building it into the legislation, even though the truth of the matter is that we do that anyways. I mean, that's our function as legislators; we budget and appropriate. So we can budget and appropriate one way or another. This sets up a sort of priority system based on your concept, which I agree with, and so it's there in the legislation. Commissioner Carollo: Yeah. It's just in (UNINTELLIGIBLE). Chair Gort: By the way, the way we're going around increasing -- expending transportation system, we're going to run out of money pretty soon. Commissioner Suarez: Exactly. Commissioner Carollo: That's understood. But again, I would like to be more specific where it says transportation only restricted funds, because I see here restricted funds, but again, it's done in lawyer terms, and you know, again, I'm not an attorney, so I want to make sure that what my concern is is being addressed -- Commissioner Suarez: I mean -- Commissioner Carollo: -- and that's where -- you know, so, again, I think it's getting where we need to be -- you know, and like I said, I -- I'm in favor of Transportation Trust Fund. I just want to make sure that the funding mechanism is correct, so that's where, you know -- Commissioner Suarez: And again, we -- it's -- you're talking about two things: You're talking about establishing a fund and a minimum level of funding, and then you're talking about where the funds come from. Those are two separate decisions. We have the competency as a legislative body to make them both. In other words, we can say, this is the baseline funding, okay; and then we can say, they're going to come from this, this particular pot of money, if you will. What I did, based on your concern, was I built in what pot of money they would come from first, okay? So, you know -- I mean, we can leave that in there, we can take it out, and we can do it anyways. In other words, we could not have that in there, and the Manager could recommend in the next budget, "Look, we think we should be using LOGT funds, or we should be using other restricted funds to fund this," and that's fine. The idea here is to start putting aside money that is protected for mass transit, which is a critical need. Commissioner Carollo: You have no argument from me there. Commissioner Suarez: Right. Commissioner Carollo: Is it possible to table this, at least, you know, maybe to lunchtime, just to make sure that the language is appropriate, so I could, you know -- Commissioner Suarez: Here's my concern. Commissioner Carollo: -- possibly support this? City of Miami Page 28 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: I would love for you -- to have your support. Commissioner Carollo: Well, that's where -- Commissioner Suarez: My problem is that after lunch, our day gets very complicated, because we're going to have two board members here who are MPO (Metropolitan Planning Organization) board members, and we're deciding the MPO executive director, so that's going to be a hot -button item, so I -- if we could table it till before lunch time, you got 45 minutes -- I mean, I don't know if that's enough time for -- Commissioner Carollo: Well, let's work on that time -- Chair Gort: I think my understanding is -- Commissioner Carollo: -- (UNINTELLIGIBLE) another purpose. Chair Gort: -- that Commissioner Carollo wants to make sure that those funds cannot be used unless all the other existing restricted funds for transportation can be used. Commissioner Carollo: Exactly. Chair Gort: So can't you, as an attorney, come up with the amendment that can create that within (UNINTELLIGIBLE)? Commissioner Suarez: But -- by the way, just so you know, we consulted with the City Attorney's Office and with the Manager's Office; not only in the legislation, but on the amendments that were attempts to incorporate not only your concerns, Commissioner Hardemon, but also your concerns, Commissioner Carollo. Commissioner Carollo: Which, by the way, the affordable housing was also a concern, if you go back to the records. I mentioned the affordable housing. Commissioner Suarez: Right. Well, then -- Commissioner Carollo: But it's -- Commissioner Suarez: Right. Commissioner Carollo: -- you know, mutual. And I think that's why we work as a team up here to vet it and -- Commissioner Suarez: It's a concern for all of us. Commissioner Carollo: -- make sure -- to make sure that we make it a better ordinance or better legislation. Again, I, you know, respectfully request, you know, let's table this -- Commissioner Suarez: As long as we -- Commissioner Carollo: -- (UNINTELLIGIBLE). Commissioner Suarez: -- do it before lunchtime, that's fine with me, because I just -- I know things are going to get complicated after lunch. Chair Gort: Well, who's going to be working on it, on the amendments, so that we can be satisfied with (UNINTELLIGIBLE)? City of Miami Page 29 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Mendez: We will work on a sentence that should capture it in the next 45 minutes. Commissioner Suarez: Maybe it's a matter of explaining to him the one that's already there, because I think the one that's there captures it, and I don't know. He think it's lawyer-ese; I think it's English. So -- Ms. Mendez: Okay. The section that, Commissioner Suarez, that you feel captures it is a sentence that just -- what talks about what's unrestricted and then the restricted, right? Mr. Alfonso: No. May I try --? Ms. Mendez: Okay. Mr. Alfonso: All right, so where it says "these funds shall, to the extent possible to meet the one quarter of one percent minimum, primarily consist of restricted funds." If we can just add the word "of transportation -related restricted funds." Commissioner Suarez: That's fine. Mr. Alfonso: Is that okay, Commissioner? Commissioner Carollo: That is -- Commissioner Suarez: Designate (UNINTELLIGIBLE). Commissioner Carollo: -- exactly the -- Mr. Alfonso: Okay, so if we add "transportation -related restricted funds," we're good? Commissioner Carollo: That -- yeah. Mr. Alfonso: We're okay with that. Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: That's the area that I'm going in, so yes. Mr. Alfonso: So just use those two words -- Commissioner Carollo: Yes. Mr. Alfonso: -- and we're good then? Commissioner Carollo: Yes. Commissioner Suarez: I'm fine with that. Chair Gort: Make the motion. Commissioner Carollo: Can -- Commissioner Suarez: I'm fine with -- listen, I'm fine with that. Commissioner Carollo: And let's just table it till before lunch. I can assure you, we'll get -- I -- City of Miami Page 30 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: Okay. Commissioner Carollo: Again, I just want to make sure, but yes -- Commissioner Suarez: Okay. Commissioner Carollo: -- you're reading correctly, Mr. Manager. That's the line that -- that's the area that I'm going with. Yes. Chair Gort: Who second it? Vice Chair Hardemon: And Mr. Chairman. Chair Gort: Yes, you're recognized. Vice Chair Hardemon: The sentence -- Madam City Attorney, the sentence that talks about the Public Benefits Trust Fund, when I read it, it doesn't -- either it does what it's supposed to do, or it doesn't do what it's supposed to do, and that's part of my concern. So I'll talk to you about that when you all start your discussion, okay? Commissioner Sarnoff Mr. Chair. Ms. Mendez: So then we're -- Chair Gort: Yes. Ms. Mendez: -- tabling for 40 minutes to talk about these? Chair Gort: Yes, Commissioner Sarnoff. Commissioner Sarnoff The City Attorney gave me a memo -- well, an e-mail; I just want to make it part of the legislative history of what is unrestricted; and my only concern, candidly, was the Wynwood BID (Business Improvement District), as well as the Coconut Grove BID. She says that that would -- there's no problem with them being included in this, so I just want to make it part of the public record. Ms. Mendez: And I think we're talking about a couple different things, so I just wanted to clam. When we were -- this e-mail that I sent to Commissioner Sarnoff adequately describes the first sentence where it talks about "any unrestricted, one cash payments," et cetera, and everything having to do with unrestricted -- so, for instance, something that's going to the Coconut Grove BID, something that's going to those types of parking trust funds, those are restricted to those -- Commissioner Suarez: Right. Those are excluded. Ms. Mendez: -- particular -- Commissioner Suarez: Excluded. Ms. Mendez: -- trust funds and should not be -- Chair Gort: Part of it. Ms. Mendez: -- commingled. City of Miami Page 31 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: They're excluded. Ms. Mendez: So that's what that has to do with, and Commissioner Sarnoff wanted to make sure that was a part of the record. And then with regard to the Section "B, " which is the concern for Commissioner Carollo, where we're going to work on that, and then Commissioner -- Vice Chairman Hardemon has described a concern with the public benefits portion, so that's what we'll be working on in the next 30 minutes. Chair Gort: Thank you. Later... Chair Gort: We have the other item, the amendments that were made -- Commissioner Suarez: Mr. Chair, if I could recognize the City Attorney for her amendments to the Transportation Trust Fund based on my colleague's concerns. Chair Gort: Go ahead. Who's going to read it? Ms. Mendez: Do -- I gave each of you a copy of the amendments basically addressing each of your concerns, I believe. With regard to Commissioner Sarnoffs concern in D,'{ve're placing: "This ordinance shall not be construed to take funds from any of the established Parking Trust Funds in this article." Commissioner Carollo's concern in Section "B" should be addressed primarily by: "The Administration shall look to earmark transportation funding prior to expending general fund dollars." I believe it's very simple language that says that you'll look to transportation dollars before you invade the general fund. Commissioner Carollo: It's "transportation -only" dollars, so I don't know what would be the right terminology for this. Commissioner Suarez: "Transportation only" is fine. Commissioner Carollo: It's funds that are earmarked -- or can only be used for transportation purposes. Ms. Mendez: Right. The way that I -- Commissioner Suarez: Can we -- Ms. Mendez: -- drafted it, "The Administration shall look to earmark transportation funding prior to expending general fund dollars." Commissioner Suarez: I would say -- and just one -- I would say "transportation -eligible," rather than "transportation only," because there may be -- for example, LLGT [sic] is not only for transportation, but it's eligible for transportation, so I would just say "transportation -eligible." Ms. Mendez: Okay. So I drafted it as "earmark transportation funding. " You'd rather -- Commissioner Suarez: "Transportation -eligible" Ms. Mendez: -- "transportation -eligible." Commissioner Suarez: Right. City of Miami Page 32 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Carollo: But so is the general fund. And what we're trying to prevent is the -- a fund that is restricted only to transportation. That's what should be used prior to hitting the general fund Chair Gort: Right. Commissioner Suarez: Okay. I mean, it -- I don't have a problem with that. It's just going to take out LOGT. Commissioner Sarnoff What's the fund you're talking about, L --? Commissioner Suarez: LOGT -- Daniel J. Alfonso (City Manager): Local Option Gas Tax. Commissioner Carollo: Local Option Gas Tax. Mr. Alfonso: LOGT. Commissioner Suarez: Because that's not only a transportation fund. Ms. Mendez: Okay. So then the way that I drafted it is -- Commissioner Suarez: It's basically now down to the half cent. Ms. Mendez: Is -- Commissioner Sarnoff What's wrong with saying, "earmark transportation funding, inclusive of LOGT"? Commissioner Suarez: That's fine. I'm fine with that, too. Commissioner Sarnoff How about just putting "inclusive ofLOGT"? Commissioner Suarez: Right. That's good. Commissioner Sarnoff Prior to -- Commissioner Suarez: So just put that back in there. Okay. Sounds good. Thank you. Chair Gort: Okay. Do I have a motion? Ms. Mendez: And lastly -- I'm sorry, Chairman -- I placed -- in order to address the Vice Chairman's concern, additionally, I took out "no less than," because the general intent was 20 percent as -- of all cash -- unrestricted cash contributions, so we took out the "no less than" portion, so. Commissioner Suarez: I will amend my motion to incorporate those changes. Commissioner Sarnoff So moved. Second. Chair Gort: So the maker of the motion -- Commissioner Sarnoff So moved and seconded. City of Miami Page 33 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: -- accept the amendment and the seconder of the motion accepts the amendment. Any further discussion? Vice Chair Hardemon: I have one question I just want to clam. Chair Gort: Yes. Vice Chair Hardemon: Madam City Attorney, so now the way that this reads, with the no -- well, 20 percent of all cash contributions to that section of the Code, with the exception, of course, to the fund for affordable/workforce housing. That means that, then, what's left is that -- for public benefits, you have like park space or open space, green space, it takes from that type of fund? Ms. Mendez: It -- right. So -- basically, just to make sure that -- Commissioner Suarez: Can I jump in real quick and answer -- Ms. Mendez: Yes. Commissioner Suarez: -- that question, please? Ms. Mendez: Yes. Commissioner Suarez: So we generate public benefits. They can be allocated to a variety of different sources. What we're saying is aside from those that are allocated to affordable workforce housing, all the other funds, it's 20 percent. So it's not like you're taking it necessarily out of parks or anything else; you're just getting 20 percent, and then you're allocating the rest of it for transportation. Vice Chair Hardemon: So when we initially get the Public Benefits Trust Fund, is it readily identified as this is going for affordable housing and this is going for -- no? Commissioner Carollo: But it's -- Vice Chair Hardemon: And -- so that -- so then, if that is true, if it just goes into a general Public Benefits Trust fund and it's not earmarked for affordable housing or workforce housing, how does this sentence help me? Ms. Mendez: Well, normally, the affordable housing -- there is a -- the trust fund that comes in for affordable housing dollars and things of that nature, so that's already earmarked. And it clearly says here that "with the exception of those monies which are clearly earmarked," 20 percent of the remainder can be used for these -- for this trust. That is what this is claming. Because a concern was that, you know, 80 percent of the remainder of the fund could, arguably, be used, and that wasn't the intent. It was just no less than 20 percent, but obviously, if it says 20 percent, that clearly identifies that that's what's going to be used for the trust fund. Vice Chair Hardemon: So Mr. Manager, ifI am a builder, andl want to donate to the public trust fund, do I have the ability to say, I want to this to be for affordable housing? Mr. Alfonso: In the public benefits, the answer is yes. Chair Gort: Yes. Ms. Mendez: There is affordable housing -- when affordable housing dollars come in, it's marked for that. So that will not be touched by this -- City of Miami Page 34 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Alfonso: Right. Ms. Mendez: -- ordinance. Mr. Alfonso: Right. I think what she's trying to say, there are sections of the Code that require, actually, that you make contributions to affordable housing -- Ms. Mendez: Right. Mr. Alfonso: -- and that 20 percent rule will not apply to that money, so all of that money will go to that purpose. That is a restricted fund. I think -- is that -- Commissioner Suarez: Yeah, that's right. Chair Gort: Yes. Ms. Mendez: And we put all over here in the document, you know, "unrestricted, unrestricted" -- I mean, it's clear that whatever is restricted for a particular purpose by this Commission will not be utilized, or anything that's earmarked is not utilized. So that's what -- you know, the changes -- the amendments -- I didn't mention the other word, "unrestricted"; that I added cash contributions, so this -- I mean, it is pretty clear that that which is earmarked for something will not be utilized. Vice Chair Hardemon: Okay, thank you. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Okay. Yes, sir. Commissioner Carollo: So earmarked for -- even public service dollars are earmarked for parks, or whatever it may be, that does not then go to the Transportation Trust Fund, correct? That's my interpretation, the way you explained it to us. Chair Gort: The restricted funds, yes. Commissioner Sarnoff It does. Commissioner Carollo: Because they're restricted. Mr. Alfonso: Right. Ms. Mendez: If something is restricted, it will not be utilized. Chair Gort: Okay. The maker of the motion accepts the amendments? The seconder of the motion accept the amendment? Commissioner Sarnoff Yes, sir. Chair Gort: All in favor, state it by saying bye." Nicole N. Ewan (Assistant City Clerk): Chair, it's an ordinance. Chair Gort: An ordinance. I'm sorry. My apologies. Yes, ma'am. City of Miami Page 35 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Roll call on item SR.3. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Ewan: Vice Chair Hardemon? Vice Chair Hardemon: For. Ms. Ewan: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: Yes, and if I can explain my vote. I think that's something we can do in the rules, right? I really -- I want to thank my colleagues for working with me on this piece of legislation. I think what we're starting to see as a city densifies [sic] is a tremendous pressure to build mass transit, and we need to be ready. And what -- one of the things I've been saying as a vice chair of the Transportation Solutions Committee is that the FHA (Federal Housing Agency) just put out statistics that show that car -dependent communities spend 20 -- the people in those communities spend 25 percent of their disposable income on transportation -related expenses; whereas mass transit communities, which we are not, because 80 percent of our users go to and from worker with cars, spend as little as 9 percent of their disposable income. So when we talk about affordable housing and we talk about ways to stimulate our economy and ways to put money back in working people and affordable housing people and extremely low-income people's pocket, that's the best way to do it, because you're actually creating 16 percent of disposable income for those people, and that's why -- you know, I didn't want to introduce that debate into the whole conflict between affordable housing, because it's a very sensitive issue, but we have to do everything. We have to do affordable housing and we also have to do mass transit because that -- not only does it get people to and from work, but it actually increases their disposable income. So, again, I want to thank you for all acting in good faith and working in good faith with me on this. Ms. Ewan: Continuing with the roll call. Chair Gort? Chair Gort: Let me give you another suggestion. You going to the MPO? Commissioner Suarez: Yes. Chair Gort: Right now, my understanding, there's about four cities within the City of Miami and within the center of Dade County, they have trolleys they operating. Somehow, MPO should bring all that and put it -- make it part of the grids so we can provide services to the transportation. Commissioner Suarez: Agreed. Chair Gort: Okay. Commissioner Suarez: Thank you. Chair Gort: Thank you. City of Miami Page 36 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 SR.4 15-01030 District 4- Commissioner Francis Suarez Ms. Ewan: Item SR.3 -- Chair Gort: Yes. Ms. Ewan: -- is adopted on second reading, 5-0, as amended. Commissioner Sarnoff. You know, there is a lot of talk about these vertical buildings causing traffic. The vertical buildings do away with traffic, because that is where the people are going to live, they're going to work, and they're going to play, and that's the idea behind vertical living. So once we go through this transition, once the cranes come down, once the Swires are built, you're going to see the ability for people to live within -- they call it an elevator commute or they call it a walk, or if you choose, as Commissioner Suarez said, once you get the density and the intensity, you can move them around with circulation. Commissioner Suarez: Right. Chair Gort: Thank you all. Come back at 3: 30. You guys are going to be away from 2 to -- Commissioner Sarnoff. Four -- well, I think we'll be there from 2 to 4. Ms. Mendez: And -- okay. That's what -- Chairman, I'm sorry. I just wanted to clarify. So then, we will begin our shade meeting at 4 o' clock, correct? Commissioner Sarnoff. I think -- Chair Gort: Correct. Commissioner Sarnoff. -- we're there till 4. Chair Gort: Okay. Ms. Mendez: It'll be opened at 4, so the Chairman and I will come directly here, and then well go up; everybody else could go directly up. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTIONS 13-5 AND 13-8, TO INCLUDE THE DEFINITION OF WORKFORCE HOUSING AND ALLOWING WORKFORCE HOUSING TO QUALIFY FOR THE AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01030 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon 13564 City of Miami Page 37 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: Thank you, Mr. Chair. SR.5 [sic] is a piece of legislation that we passed on first reading, and it -- Daniel J. Alfonso (City Manager): That's 4, I believe. Commissioner Suarez: I'm sorry, 4. SR.4? Mr. Alfonso: Yes, SR.4. Commissioner Suarez: I'm sorry. And it was passed unanimously on first reading, and what it does is that it -- there's, you know, three types of housing that we're trying to encourage as our City becomes more expensive: extremely low income, which is for people who are on fixed income; we're trying to encourage affordable housing, which is a tremendous need in our community; and we're trying to also encourage workforce housing. The definition of "workforce housing " for median income is somewhere in the 39,000 to $61, 000 per household range. And what this does is that it allows certified workforce housing projects to get deferrals of their impact fees, which they would later have to pay if the project ever becomes market or sold as market at some later date. So with that said, I move the item. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Public hearing. Is anyone in the public would like to address this issue? Truly Burton: Thank you, Mr. Chairman, and Commissioners. Good morning. Truly Burton, executive vice president for the Builders Association of South Florida. I'm here to speak in support of the ordinance. First, this is probably, I'm hoping, the first of what will hope to be a series of incentives that would reduce costs for builders to build affordable housing without serious subsidy, government subsidy. Effectively, these are P3 projects: They're public private partnerships, and I'm very pleased that the City has come forth with what I'm hoping is the first of a bundle of series -- a bundle of incentives, whether it's impact fee waivers, permit fee reductions, or other abatements, property tax abatements, depending on the whole issue, would be excellent. Finally, this ordinance addresses those professional and young working families for which there is no government funding. Very low, homeless, low, moderate, they all have some pot of money. Clearly not as much as we all would like, but there's money there. However, for this particular class of people, that group of families that we really want to encourage, who are educated, who are going to work every day, taking their kids to school every day, this is an excellent step in the right direction. Thank you, Commissioners and Mr. Chairman. Chair Gort: Thank you. Yes, sir, you're recognized. Nathan Kurland: Good afternoon, Commissioners. Nathan Kurland, 3132 Day Avenue. Commissioner Suarez, thank you for putting on the record exactly what it is that qualifies for workforce housing. For the record, so many people who do not know how to read Legistar cannot possibly understand the language that we have in most of our City agendas. So, for the record, 39,000 to 61,000 qualifies someone for workforce housing. Could you now, for the public record, tell us exactly what qualifies for the price of a unit of workforce housing? Because when I see affordable housing that we've waived impact fees, some affordable housing for 250 to $350,000, the comments I get is "affordable for who?" Commissioner Suarez: Right. Mr. Kurland: Because certainly, 250, $300, 000 is not -- City of Miami Page 38 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: Right. Mr. Kurland: -- quite the definition of "affordable" for most people. So could you put on the record what exactly is workforce housing cost per unit for someone in the City of Miami? Thank you. Commissioner Suarez: I'm going to let George answer that, but before he answers that, I want to speak to something you said, because I think it's a very relevant point, which is we categorize and we name things, you know, and sometimes the names don't fit what people feel they should be. Mr. Kurland: Exactly. Commissioner Suarez: And "affordable" is a very broad and loose term. And, you know, we have, for example, a robust elderly community that lives on fixed incomes and makes $700 a month from Social Security, and that's -- that would fall under the category as defined, by the way, by other governments. Most of these definitions we borrow from other people as -- what I call -- or what has been called "ELI," which is "extremely low income." And what happens with these different products, if you will, whether it's extremely low-income product, whether it's affordable housing, whether it's workforce housing, is sort of to Truly's point. The more affordable that it becomes, if you will, the more subsidy that usually is necessary, for obvious reasons. If you have to keep a rent within 3 or $400 a month, which is in ELI range -- Mr. Kurland: Right. Commissioner Suarez: -- for a one -bedroom, there has to be a huge subsidy. So, if you have, for example, $10 million of affordable housing money or monies that you can use for any one of these buckets, you get -- and this is a policy decision. We may spread it out evenly. We may, you know, pick one category over another. We may think one need is greater than the other. But your ability to deliver on that need is proportional to the need. Mr. Kurland: Got it. Commissioner Suarez: In other words, if you're going to deliver -- if you want to do ELI, you're going to have -- you can -- only going to deliver with that set of money, with that $10 million may be 20 percent of the product. If you're going to do affordable housing, maybe you can do 40 or 50 percent of that pot with the same pot of money. If you're going to do workforce housing with a subsidy, maybe you can do 80 percent, you know, or more units. So it's all, you know, within that range, but I'll let George explain -- answer your question. Mr. Kurland: No. I think it would be illuminating for lots of people who watch this proceeding to figure out exactly what it is we're talking about. Commissioner Suarez: Sure. Mr. Kurland: Thank you. Chair Gort: George, you're recognized. George Mensah: George Mensah, I'm director of Community Development. In terms of the income of the individual -- so I just want to put on record that, as you know, the incomes are based on the size of the family. Commissioner Suarez: Right. City of Miami Page 39 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Mensah: For one person, 80 percent is about 37, 950; one -- 20 percent for one person is 56, 880; for four people in the household, which is what usually is termed "the median," it's 54,150; that's 80 percent; and 81,240. So those are the range that your -- this will take a look at. Commissioner Suarez: Right. Mr. Kurland.- Mr. Chairman, may I ask one question, please? Chair Gort: Yes, sir. Commissioner Suarez: No, but he had a question -- different question. Mr. Kurland: So, if I understand a family offour can buy workforce housing for a unit of $54,100? Commissioner Suarez: No, no, no. Mr. Mensah: Be 50 -- no, no, no, no. Mr. Kurland: Okay. Mr. Mensah: (UNINTELLIGIBLE) unit -- Mr. Kurland: What exactly is the cost of a unit for a family offour? I think that's what we're trying to get at. Daniell Alfonso (City Manager): Okay, the cost of the unit -- you have to determine based on how much property taxes and insurance it pays, but the mortgage payment for a family offour can be about $2, 000 a month. Mr. Mensah: Yes. Mr. Alfonso: So you have to figure out what can you buy with $2, 000 a month. That could be a $170, 000 property, a $180, 000 property -- Commissioner Suarez: Depends on where it's located. Mr. Alfonso: -- depending on what your property taxes and insurance are, depending on where you are. Mr. Kurland: So, again, Mr. Chairman, may I just -- just for clarification. Chair Gort: There's two things that I'd like to clam. One of them is we're talking about rent, affordable housing workforce for rent. Home ownership, we have other programs that help the people with -- that fit within those guidelines; not only will they get a lower price, but at the same time, they get a second mortgage from the City of Miami through the Federal grants that we get -- Mr. Mensah: Yes. Chair Gort: -- where they can purchase the houses. Commissioner Sarnoff So this is for rent -- Chair Gort: Now, the value, if you want to know is the value of this (UNINTELLIGIBLE) mostly City of Miami Page 40 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 to -- for rent. Home ownership at this time is going to be -- is very difficult, because of the cost -- Mr. Kurland: My -- Chair Gort: I know what you're going at. How much is it going to cost the house, and can they afford to pay the mortgage? That's what you're -- Mr. Kurland: So I'll move forward, my concern about ownership. But what I would -- so we're saying here that a family that makes $39,000 a year -- Mr. Alfonso: No, sir. What we're saying is that a family of four can make up to $81, 000 -- Mr. Kurland: Up to. Mr. Alfonso: There you go, yes. Mr. Kurland: Up to. Mr. Alfonso: But it qual -- Mr. Kurland.- If they make less, the rent is less than $2, 000 a month? Mr. Alfonso: Of course. It's based on 30 percent of your income. Mr. Kurland: Could you -- all right, so 30 percent of the income. So that would be for someone earning 39,000, we take 30 per one-third of that, that's the yearly -- that would be the yearly rental cost? Mr. Mensah: Yes. Mr. Kurland: So about $10, 000. Mr. Mensah: Yes. Mr. Kurland: There we go. That's -- I apologize, but that's the numbers people need to hear so we actually know what it costs. Thank you. Commissioner Suarez: And you know, he's got a good point, which is that we sort of talk about this very secondhand, like everybody knows what we're talking about, so it's -- I appreciate you being patient and sort of walking through it. Thank you, Nathan. Chair Gort: Yes, ma'am, you're recognized. Renita Holmes: Yes. Madam Holmes, the Women's Association, Women in Public Housing Development, Education. Wow, I'm -- I say it different every time. Incorporating into the concerns of those low poverty workers, I'm still questioning about workforce housing being just rental housing, because when we look at what we've defined as "poverty," and women in public housing, there are many entitlement groups and already revenues available, particularly through our public housing plan. I come (UNINTELLIGIBLE) that sets us up to be homeowners. When we talk about sweat equity and all those other commingled -- that word, I heard it earlier -- funds that can be developed in such a wide and broad language and definition here, I think that's the concern. But particularly, through the Chair, to Commissioner Suarez, the big discussion that was held down at the County on the other day about the specifics addressed a model program which did provide home ownership. And when I look at that -- the developmental impact and the recent trend and the current status of us as a city when developing properties, City of Miami Page 41 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 whether it be public housing properties, HUD (Housing and Urban Development) violations to bring us back up to affordable housing issues, transitional housing at the HAC (Housing Assistance Committee), workforce housing is importantly needed right now for those who are mostly entitled where most of this development is occurring; thus, meeting those federal guidelines require that the language ensure that there is a percentage other than 30 percent. And so, I agree with the gentleman. And knowing you all as professionals, we seem to leave a wide gaping hole, more or less for, those of us who are low-income workers who are seeking to build, as well as to access ready workforce and transitional housing, and I'll leave that there. So I would like to have more of a definition, considering our status in the past for how we handle poor folks, poor money, home ownership, and land use, and considering that the County had a great model, and I'd like to introduce that model to you as well as our model and how that syncs. But it would help us to define it a lot more. I mean -- well, if you can do better, do better. Commissioner Suarez: Absolutely. Ms. Holmes: Thank you. Commissioner Suarez: Thank you. Chair Gort: Thank you. Anyone else? Brenda Betancourt: Good morning. Brenda Betancourt, residing 1436 Southwest 6 Street. I'm in support of the ordinance. My only concern is, as my sister, young, 25 years old, professional, working for her and her son, what do you refer us working force rentals, meaning we going to give to these developers some incentive, and who's going to monitor them? Because -- Commissioner Suarez: Right. Ms. Betancourt: -- most of the time they get the money and they rent it to the people they want, and those that are -- we are targeting are not getting benefit of it. So I think a little bit more strong hand from your part, because those are our tax dollars that we are giving to them. They are getting the benefits, and the residents who actually need those rental units to be affordable are not actually affordable. And if you see around our neighborhood, even afford to rent a house, I don't think that they can find nothing less than $2,500, and if you are single parent, then it's worst. So I would really appreciate if you guys can have some words in there that if you guys going to give incentive to these developers, how we actually going to make sure that they doing it. Chair Gort: He'll answer it. Thank you. Mr. Mensah: George Mensah -- Chair Gort: George, will you address (UNINTELLIGIBLE)? Mr. Mensah: -- director of Community Development. Chair Gort: Yes, sir. Mr. Mensah: Currently, we provide funding to developers, and we do monitor them on an annual basis. I have a staff person who goes, visit the properties, check the incomes of the individuals; make sure that, first of all, their property is decent, safe and sanitary; and then, at the same time, also look at all the income of the individuals who live there to ensure that they are low income. So we do it on annual basis. And we also will provide -- have a covenant on the property, so at any time if they don't meet those terms that they established, those funds will be due and payable, so we do make sure that they do live up to those conditions. City of Miami Page 42 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Thank you, George. Ms. Betancourt: Commissioner, may I just say this? Chair Gort: Sure. Ms. Betancourt: If you actually fine them, how are we going to know that those people -- where did the people go to complain about those that are not doing it? Do we send it to you guys in e-mail, to our Commissioners? Chair Gort: They can come to the City. They can come to the Commissioner. The district Commissioner, they can go to him. That'll be your best bet. Mr. Mensah: Yes. Ms. Betancourt: Thanks. Chair Gort: Okay. Anyone else in the public would like to address this one issue? Anyone else? Seeing none, hearing none, we close the public hearings. Yes, sir. Barnaby Min (Deputy City Attorney): Was there a motion and a second? Chair Gort: Yes. Nicole N. Ewan (Assistant City Clerk): Yes, there is. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Ms. Ewan: Roll call on item SR.4. A roll call was taken, the result of which is stated above. Ms. Ewan: Item SR.4 is adopted on second reading, 4-0. Chair Gort: Thank you. Commissioner Suarez: I'd just like to make one minor statement, which is -- and I don't know if Nathan caught this, if he's looked at the legislation closely, but this expands what already exists in the context of affordable housing, so it's -- that goes to your point. And we monitor that, and we have to keep monitoring. You're absolutely right; monitoring is a key component, because if you don't monitor it, they're going to take advantage of it, so I completely agree. Thank you. SR.5 ORDINANCE Second Reading 15-01232 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS DavidSarnoff AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY ADDING A NEW SECTION 10-7, ENTITLED "MINIMUM REQUIREMENTS FOR CONTRACTORS", CREATING REQUIREMENTS FOR PROVIDING NOTICE AND CONTACT INFORMATION FOR CONTRACTORS IN CONNECTION WITH CONSTRUCTION; CONTAINING A REPEALER PROVISION, ASEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 43 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 15-01232 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon 13569 Chair Gort: SR. 5. Daniel J. Alfonso (City Manager): Commissioner Sarnoff, SR5 is an ordinance of the Miami City Commission amending Chapter 10, Article 1 of the Code of the City of Miami, Florida, as amended, entitled "Buildings/In General," more particularly by amending the new Section 10-7, entitled "Minimum Requirements for Contractors "; creating requirements for providing notice and contact information for contractors in connection with construction; containing a repealer provision, a severability clause, and providing for an effective date. Commissioner Sarnoff Thank you, Mr. Manager. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair, this is -- I'm going to make one amendment. The industries asked me that if you look at Section "A," where we put in a posted notice, they're just asking that this may be incorporated into a general contractor's existing -- I'm looking at my handwriting -- signage, the notice criteria would be satisfied. So just saying that if they have a sign up there, that they can incorporate it, so long as it's in the type size that the City requires, so they don't have to have two signs. Chair Gort: Okay. Thank you. It's a public hearing. Is anyone in the public would like to address this issue? Renita Holmes: Madam Renita Holmes. When I look at the overall language in this, I appreciate that. I have a major concern, particularly in certain areas where we have such congested development and signage, and a lot of signage removal, if not tampering, the non-compliance. And so when we say buildings in general and having it long as it's up there and it's typing, I guess we're just having a general language day, but, you know, I just know in my area -- and I'm sorry that my Commissioner is not here -- when I look at the permits, when I look at the contractor notices, you know -- I read a lot; you can tell that, you know. I get involved. And I don't know who's going to -- is there a report that's generated as a result of this, and the monitoring of the contractors and the impact of this resolution, through the Chair? Chair Gort: Just (UNINTELLIGIBLE). Ms. Holmes: Mr. Sarnoff. Chair Gort: You want to answer. Barnaby Min (Deputy City Attorney): The ordinance does not require any kind of reporting, but obviously, if that's a directive that the Commission wishes for the Administration to follow up on, that's something that can be either incorporated into the ordinance or it could simply be a directive of the Commission. Ms. Holmes: Commissioner, just -- I mean, through the Chair, just in the interest of aesthetics and in the interest of proper notice, and in the interest of how contracted -- okay, if you're say so, Mr. Chairman, but I know that there was a purpose for this resolution, because there was an City of Miami Page 44 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 issue; thus, it just didn't pop up here on the agenda. And there's a little bit more to it than that that I'll ask about. It's a second reading. It will become an ordinance now at this point? Chair Gort: That's correct. Ms. Holmes: Okay. Well, we can always fix things. But I think there are some fixables [sic] in this. I'm just very concerned that this menial of a way of fixing that situation of improper notice, it doesn't fix a thing. Thank you. Chair Gort: Thank you. Next. Carlos Carrillo: Good morning. My name is Carlos Carrillo, with Associated Builders & Contractors, 3730 Coconut Creek Parkway, Coconut Creek, Florida. We also have a training center right here in Miami at 2890 Northwest 79th Avenue where we train electricians, plumbers, and help address the workforce issues that our community is currently facing. I'm actually throwing out my notes. Renita brought up a great point regarding enforcement, penalties, and clarity on this ordinance. Big problem that we as an industry have is the requirement for a manned telephone so long as there's someone on that job site. I have an electrician working on my job site Saturday, 3 p.m., inside the house. Someone wants to call and levy a complaint, I am now going to have to make sure that I'm paying for a receptionist to be sitting at my office to make sure that that call is handled. An e-mail comes out regarding the house at 9 p.m. -- or regarding the building, excuse me, at 9 p.m. on a Saturday, I'm now required to respond by 9 p.m. on Sunday. How are you going to enforce that? How's that going to be tracked? What are the penalties for that? What if there's a commercial vehicle parked in front of the house; has nothing to do with the property? A complaint is levied. How do we take care of that? You know, it's -- the ordinance, certainly in the preamble, brings up concerns that City of Miami residents are facing. Unfortunately, it attempts to do so by creating more red tape for the contractor themselves. Instead of going after all contractors just to go after a few bad actors, I think it's better if we work together, come up with something that actually works, so we're asking you today to vote "no" on this ordinance. Don't hurt small contractors that can't have someone manning a phone 24 hours or responding to emails. Through the Chair, may I address Commissioner Sarnoff to say "thank you"? Chair Gort: Yeah. Mr. Carrillo: Commissioner Sarnoff, I just wanted to say "thank you. " You've always been very gracious with your time. We don't always agree. In fact, we hardly ever agree, but you know what? It's always been pleasant being able to walk into your office and speak with you and your staff Your staff is awesome: Ron, Sharie, Adrian, and Ignacio, all of you all. Thank you, guys, very much. You will be missed. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Could I just say a few things? Chair Gort: Wait a minute; we have someone else. Commissioner Sarnoff Okay. Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. My concern is, if the contractor who's working anywhere doesn't have a sign, if something happen, I don't think that City of Miami Page 45 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 you need a reception, but most of the people know, you know, you can call forward, from your phone office to your cell. If it's in the weekend or if an emergency, I understand that most of the contract on the City of Miami, they're not going to be working on the weekends and making noise and all that. So I think Monday through Friday, they will be able to answer. And it's important because we see things on the construction site, and "who will we call?" is the reality. And if they don't have a phone number for them to be contacted, you don't have a receptionist in your office, then, sorry; put your phone number. It's your business. You making money out of it. So you making money out of the contract, so if you don't have a reception, then put your phone number, and just deal with it. Chair Gort: Thank you. Anyone else? Anyone else? Miguel Soliman: Miguel Soliman, 1436 Southwest 6th Street. I just -- as a contractor, I'd like to say that if we're going to start applying this to contractors, there's a lot of other businesses out there that have the same situation, and they may make noise, they may bother the neighbors, there may be complaints filed against them, okay? Why just contractors? All businesses, in general. If the contractor's going to be forced to have a manned telephone 24 hours a day, 7 days a week, then it should be enforced to everyone, not just us. Thank you very much. Chair Gort: Thank you, sir. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff It's always interesting -- what's written on the actual ordinance itself was never what, of course, is addressed on the dais, so I'll read you what it says, per Section "C": The telephone number must be active and answered by a live person," which, by the way, looks a lot like my cell phone -- `from 9 a.m. to 5 p. m. " -- I know that's onerous -- on weekdays, or any time during active construction activity, whichever is greater." So, years ago -- 30 years ago, Danny Alfonso was a general contractor. He probably had 20 to 30 people working for him: roofers, foundation guys. It was the way of the world. Today, in the art of specialization, fragmentation, Danny Alfonso would be a CPA (Certified Public Accountant). He would be a general contractor because he would have passed his general contractor exam. He would probably have no employees working for him; yet, he would sub everything out. So he would have a subcontract there for the concrete, foundation, roofing, you name it. And while Danny Alfonso might be an excellent person, his subcontractors may not be that substantially good person. And what this does is, as we become an urban infill city, which we are, and as houses go past 40, 50, 60, 70 years old, you're going to be redeveloping houses. You're asking contractors simply to be good neighbors during the construction phase they're in. Now, if, on a Saturday, they happen to have a plumber out there who is abusive, or an electrical contractor who is abusive, it is the obligation of that general contractor to have his cell phone available to him, so when he's at the mall with his kids, he should keep that phone handy. That's the obligation. And I'll close, Commissioner Suarez. Think about this: You're asking him to display his phone number, as opposed to asking the City to take on the responsibility of what a general contractor's doing. There's no doubt you can call the City of Miami. You could call Code, 311, 911, any one -one you want. You can report it to Peter Iglesias. You could even have Danny Alfonso cell phone or report it to him. Well, what do you think he's going to do? He's going to call the general contractor and say, "I've been put on notice that you are not behaving correctly. Before I send my Code enforcement officer, would you like to rect fy that behavior?" Well, hey, guys, you're cutting out the middleman. You're simply saying to the residents, here's the GC's (general contractor) phone number. The GC doesn't respond to you, then call Danny Alfonso, then call Peter Iglesias, then call 911, call 411, call any one -one you want. Call Commissioner or the Chair of the Commission. City of Miami Page 46 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff You're -- you guys are -- and I mean this with all due respect to Mr. Carrillo, you are a very nice guy, and I've absolutely enjoyed all my interactions with you, because they're fair and honest. To oppose this -- Chair Gort: (UNINTELLIGIBLE) there. Commissioner Sarnoff -- is really unreasonable, especially in modern society. Thank you, Mr. Chair. Commissioner Suarez: Can I -- Mr. Chair, ifI may? Chair Gort: Let me tell you -- go ahead. Commissioner Suarez: I'll defer to you; age before beauty. Chair Gort: Thank you, sir. Let me tell you what it is. It's very important to understand we get all the complaints. We, the district Commissioners, are the one that get the phone calls. And I can understand people -- and we -- happens with the City. City does a lot of subcontract. Subcontractors, some of them don't care. You go by anywhere and you can see all kind of trash taken out. They go out. They have to have lunch, but instead of putting it in the trash can, it goes into the sidewalk, it goes into the street. Their behavior; people come out and ask them a question and be -- the ridiculous answer that are given by this -- some of the subcontractors -- let me tell you, we get that calls all the time, and that's why I brought this forward. Even within the City of Miami, we have people from other jurisdiction doing work; and when they finish, Water and Sewer, they still have a lot of complaints. They supposed to finish it, and I know -- I understand it's not permanent. It's the -- what do they call it? Temporary. And temporary, sometimes, that's two years, so that's -- Commissioner Suarez: Twelve years sometimes. Chair Gort: But that's (UNINTELLIGIBLE) that we -- Commissioner Suarez: Twelve years sometimes. Chair Gort: Or even more. So we have a lot of those problems, and this will give the individual -- when you subcontract someone, you tell them, "Hey, look, have a trashcan, have this, then you behave." He's got to be the best, because we get the complaints. Yes, sir, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I just want to say a couple things. First, I agree with most of what Carlos Carrillo says. I probably am on the opposite side. Him and I agree, I would say, like 90 percent of the time. Here's why I sort of agree with what you're proposing, and I also want to address Miguel's point, because he made a good point. This really should apply to everybody, the fact of the matter is, and a concept like this kind of does apply to everyone in this way: When you register a corporation in the State of Florida, you have to have a registered agent, and the reason why that is is because we need a person to contact when, you know, something goes wrong. And as a Commissioner who, I think, is -- I'm pretty accessible. I think, you know, all the Commissioners who are up here are very accessible. I freely give out my cell phone number. What I have is a service, which is free, by the way, and this is -- the reason why -- I'm going to tell you the reason why I'm going to vote for this. This is almost free, because you can forward your phones, your office phones, to your cell phone for free. I do it here at City Hall, so that I answer the phone or someone -- a live person answers the phone. E-mail, Gmail: free. You can set up a Gmail account, free. And I think the last thing was a sign. I think the political signs that are about that size, I think maybe cost $18, something like that, so you could City of Miami Page 47 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 FR.1 15-01239 Office of the City Attorney do maybe even -- we got -- she's probably brought more signs than I have; less than that, so let's say $10, $9, whatever; it's a $10 sign, so you can comply with this whole thing. And the real issue here is, you know, we get the complaints from our community, and there needs to be a live person that's responsible when something goes wrong, and that's all -- I think that's all that this accomplishes, and I think it accomplishes it for a very small amount of money. Thank you. Chair Gort: Thankyou. Any further discussion? Being none, it's an ordinance. Nicole N. Ewan (Assistant City Clerk): Chair, the title was read into the record by the City Manager. I do need a motion and a second Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Suarez. Ms. Ewan: Your roll call on item SR.5. A roll call was taken, the result of which is stated above. Ms. Ewan: Item SR.5 is adopted on second reading, 3-0. Chair Gort: Thankyou. Mr. Min: And that's with the amendment proposed by Commissioner Sarnoff? Ms. Ewan: As amended, correct. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY", MORE PARTICULARLY BY AMENDING SECTIONS 14-59 AND 14-60 ENTITLED, "ANNUAL BUDGET; SOURCE OF FUNDS" AND "ANNUAL AD VALOREM TAX LEVY IN DOWNTOWN DISTRICT; DISPOSITION OF FUNDS", RESPECTIVELY, TO CORRESPOND WITH A CHANGE IN FLORIDA STATUTE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01239 Memo - Office of the City Attorney.pdf 15-01239 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: FR.1. City of Miami Page 48 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Daniel J. Alfonso (City Manager): FR.1. Chair Gort: DDA (Downtown Development Authority). Mr. Alfonso: City Attorney. Barnaby Min (Deputy City Attorney): Commissioners, this is a ordinance proposed by the City Attorney's Office. Recently, the State Statute was modified by the State Legislature concerning the signing of the millage, so it is modifying the City ordinance to be consistent with the State Statute. Commissioner Sarnoff. I'll help you out with this. The Ordinance was read by title into the public record by Commissioner Marc D. Sarnoff. Commissioner Sarnoff. So moved. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Nicole N. Ewan (Assistant City Clerk): Your roll call on item FR.1. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.1 passes on first reading, 3-0. FR.2 ORDINANCE 15-01289 First Reading District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "FLOOD DAMAGE PREVENTION," MORE PARTICULARLY BY CREATING A NEW SECTION 20-17 ENTITLED "FILL PROHIBITION FOR AREAS NOT COVERED BY STRUCTURES" TO PROHIBIT THE FILLING OF LOTS IN AREAS NOT COVERED BY A STRUCTURE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01289 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: FR.2. Commissioner Sarnoff. So, Mr. Chair. The Ordinance was read by title into the public record by Commissioner Marc D. Sarnoff. Commissioner Sarnoff. What this does, Mr. Chair, is -- excuse me -- on properties that are not having any kind of structure on their -- people have been mounding up their property so that the City of Miami Page 49 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 flood -- so that in the event of a rain, the property adjacent to them will receive the flooding thereto. Peter Iglesias is pretty well aware of this. This was, in part, his idea. Apologize; I'm losing my voice. I'm going to let him speak. Peter Iglesias (Department of Building, Planning & Zoning): Peter Iglesias, senior director. The issue we've had is we've had some properties that were either terraced or excessively filled, and then you have drainage issues, incompatibility with adjacent structures, and so forth, and this will take care of that problem. Chair Gort: Thankyou. Commissioner Sarnoff. So moved Chair Gort: It's been moved by -- Commissioner Carollo: Second Chair Gort: Second by Commissioner Carollo. It's a public hearing. Is anyone in the public would like to address this issue? Brenda Betancourt: Just a question. This will be for the entire City of Miami? Chair Gort: Yes. Ms. Betancourt: Thanks. Chair Gort: Thankyou. Anyone else? Close the public hearings. Barnaby Min (Deputy City Attorney): I believe the district Commissioner read the title into the record. Nicole N. Ewan (Assistant City Clerk): Your roll call on item FR.2. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.2 passes on first reading, 3-0. FR.3 ORDINANCE 15-01260 First Reading District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "PARKS AND RECREATION" MORE PARTICULARLY BY ADDING A NEW ARTICLE VII ENTITLED "MUSEUM PARK CONSERVANCY", PROVIDING FOR POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR MUSEUM PARK; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01260 Back -Up Agreement FR.pdf 15-01260 Legislation FR (v2).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 50 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 FR.4 15-00392 Note for the Record: Item FR.3 was deferred to the January 14, 2016 Regular Commission Meeting. ORDINANCE First Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER CommissionerKeon 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED, ENTITLED "PARKS AND RECREATION/IN GENERAL", BY ESTABLISHING A NEW SECTION 38-18 ENTITLED "NAMING OF FACILITIES AT HADLEY PARK", THEREBY NAMING THE YOUTH CENTER AT HADLEY PARK THE "SAMUEL K. JOHNSON YOUTH CENTER"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00392 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: If I may exercise one more point of personal privilege. Chair Gort: Okay. Vice Chair Hardemon: There is an item to be heard. It is FR.4. That's the naming of the Hadley Park Youth Center. Chair Gort: Yes. Vice Chair Hardemon: And there are a number of people from my community that are here, and I know they've taken time off from their jobs. Do you mind if we bring attention to that first? FR.4, can we call that? Chair Gort: Do it now? Vice Chair Hardemon: Yes. Chair Gort: Sure, no problem. Vice Chair Hardemon: Thank you very much. Chair Gort: FR.4. Vice Chair Hardemon: Who reads FR.4? Daniel J. Alfonso (City Manager): FR.4? Just move right up to it. Chair Gort: It's an item sponsored by Vice Chairman Hardemon. Victoria Mendez (City Attorney): FR.4 -- Mr. Alfonso: FR.4 is an ordinance of the City Commission amending Chapter 33, Article I of the City of Miami Page 51 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 City Code of the City of Miami, Florida, as amended, entitled "Parks & Recreation/ General," by establishing a new Section 38-118, entitled "Naming of Facilities at Hadley Park," thereby naming the youth center at Hadley Park the "Samuel K. Johnson Youth Center"; containing a severability clause and providing for an effective date. Chair Gort: Thank you. Vice Chair Hardemon: And, Mr. Chairman, I would like to ask that we open the public floor -- the hearing for the public so they can speak on this item. Chair Gort: Anyone in the public would like to address this one issue; anyone in the public? Vice Chair Hardemon: And there are certain people I expect to speak: Brittney Tellis, Anthony Whiley, the people who have had -- Commissioner Suarez: Oh, Luke is here. Tio Luke, how are you, buddy? Floweres Coulanges: Good morning, Commissioners. Good morning, everyone. My name is Floweres Coulanges, Liberty City Optimist. We are honored to be here, and it's a great pleasure and a privilege somebody to honor Coach Sam Johnson and finally be recognized as a youth center -- a youth leader. Thank you very much. Chair Gort: Thank you. Next. Luther Campbell: Good morning, Commissioners. Chair Gort: Good morning. Mr. Campbell: I was just -- you know, as the president and the co-founder of Liberty City Optimist -- Chair Gort: Name and address. Mr. Campbell: -- you know, we would -- Chair Gort: Name and address. Mr. Campbell: Huh? Chair Gort: Name and address. Mr. Campbell: I know, I know. Vice Chair Hardemon: No, you have to give your name and your address. Mr. Campbell: Oh, I got to give you my name and my address? Chair Gort: Yeah. Mr. Campbell: Oh, my name is Luther Campbell. Commissioner Sarnoff You could put "G" in front of it. Mr. Campbell: You know, I reside at Commissioner Sternoffs [sicJ house in his -- City of Miami Page 52 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Sarnoff By the way, I'm looking for a good eviction lawyer. Mr. Campbell: That's why I brought my wife, the lawyer here. Commissioner Sarnoff There you go. Mr. Campbell: All right. Yeah, my address is 1657 Southwest 18th Street. Well, basically, you know, I'm just -- this is a long time coming, you know. We started out this process probably about 10 years ago to try and get this building actually built, you know, when -- back in the days when Commissioner Teele was here and Joe Arriola was here, and they actually found some money to build this building, as well as the Gibson Park building, but as the years went on, you know, obviously, you know, the politics of it all; monies start going different ways, and thank God, we got Commissioner Hardemon in here and this Commission to award us the money that was needed to finish this product -- project, which is -- I think it was about $2.5 million to get it done. Vice Chair Hardemon: To finish it off. Mr. Campbell: And -- to get it done. And this is a beautiful day here, to name it after Sam Johnson, a guy who lived his life and actually died on that park, you know, bringing some kith back from Liberty City when we took them to Orlando. He came back and he actually passed away that same day, so he lived and died on that park and sacrificed for the kids in that program, and it's just so many words we could say about it. His brother is here, other family members, other people of the optimist. One thing I'd like to, you know, just thank everybody, you know, because it's a great thing, and everybody -- just remember, everybody that works at that program, everybody does it for free. They don't do it for any money; everybody's a volunteer. Thank you, Commissioners. Chair Gort: Thank you. Next. Eureca Coulanges: Good morning. Eureca Coulanges, 1451 Northwest 50th Street. I'm the new executive director for Liberty City Optimist. This is also our 25th year anniversary celebrating the commencement of the Liberty City Optimist program when Coach Sam started it with Mr. Luther Campbell. And as a token of thanks, I wanted to present to every Commissioner here a "Celebrating 25 Years, Friend of Youth for Life, the Liberty City Optimist Club. Thank you for your continued support." And I would present that to the City Clerk. Commissioner Suarez: I thought it was as nasty as you want to be to the City, but I guess not. Ms. Coulanges: Thank you so much. Thank you. Chair Gort: Thank you. Next. Anthony Whiley: How you doing? I'm Anthony Whiley. This -- Brittney Tellis: I'm Brittney Tellis. We just want to thank you guys, man. This is a long time coming. We are actually two of the first kids to actually participate on that park, and the park saved our lives, man. We could have been doing anything. I went off to college, and now I'm back serving our community. You know, like he said, it's volunteer work. I'm actually the commissioner over the park after Sam passed, and I have Whiley actually to assist me with it, and I have a few others that couldn't make it today; unfortunately to work, but it's just a beautiful day, man. I mean, me and Keon actually have old pictures together since six years old, so I mean, I'm happy to see him up here doing, you know, great things for the park and the community, man. So again, we just want to say thank you, guys, and keep going. City of Miami Page 53 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Whiley: I wasn't prepared -- Chair Gort: Thank you. Mr. Whiley: -- to speak, though, but I could just say, if Coach Sam was here today, he'll be super proud to see Keon Hardemon up here sitting amongst all you guys. That was his dream, not for just people to make it to the NFL (National Football League), but just to have a immediate impact in the community. So, basically, I just want to say "thank you." And no other person, other than Coach Sam, deserved it. He's someone who deserve it. He deserve it. He put time and effort more than anybody. He -- guy like me who didn't grow up with a dad, he was your dad and everything. So if anybody else deserve it, Coach Sam deserve it. I just want to say "thank you," guys. Chair Gort: Thank you. Anyone else? Anyone else? Elaine Black: Good morning. My name is Elaine Black, from the Liberty City Trust, 4800 Northwest 12th Avenue. We definitely support the naming of the park after Sam Johnson. Sam Johnson, I knew personally; his commitment to the community. This is a major addition for our youth in the community, and I know that from -- on behalf of my board and others in the community, thank you so very much, Commissioner Hardemon, for making this a reality. I'd also just like to say, we -- well, FR.5, we also support the development -- the renaming of the Miller Dawkins Swimming Complex to include the name of Nancy Dawkins. Mrs. Dawkins could not be here today, but she definitely accepts it. She is at her -- she's going to her class reunion and homecoming at Bethune Cookman, but she says thank you so very much to everyone. And she will be here and members of her organizations will be here at the naming. Thank you so very much. Vice Chair Hardemon: Thank you very much. Chair Gort: Thank you. Next. Allan Small: Yes. Good evening. How you doing? My name is Allan Small, and I live at 1850 Northwest 86th Terrace, Miami, Florida. I want to say one thing about the things -- I had first came to Liberty City Optimist, you know, as a first -- number -one coach, and Coaching Keon Hardemon was something special. You know, to see him -- Chair Gort: He played all right, Mr. --? Mr. Small: Yes, sir. Yes, sir, he one of our first kids, too, as Brittney Tellis and Whiley. And I want to thank you guys for allowing this to happen, this day, and we really appreciate the things you have done for us. Thank you. Chair Gort: Thank you, sir. Next. Renita Holmes: Madam Holmes again, on behalf of the Women in Public Housing, Education, Finance, and Development. I think this marks a great day for those of us in Liberty City, because I'm a firm believer that women can build. So when we look in the foundations of our community, we look at the institutions, particularly in a time when safety and health makes a difference; and when we see that there's respect for heritage, now you know why I have that saying about the three things that I wish most for a child is -- that's health, happiness, and heritage. And naming these parks after folks that I've watched as even a kid -- I'm still a kid, believe it or not -- is really important to me, because I know the trail that's behind it, and I know the trail that's before you. But when I see guiding posts of names, particularly for African American and inner-city folks, particularly for District 5 -- because I still don't separate Overtown from Liberty City, irregardless of what's in between, a "Wood" or "Wynwood" or City of Miami Page 54 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 whatever it could be -- I like to see that heritage. We've been here for so long. We've waited for economic development, and the institution and the foundation is our parks right next to our school. Now, I grew up in Allapattah Elementary. Now, I'm familiar when I go back to know that me -- I've been there, that my mother's been there, and that every African -American mother has a place that her children will be in, that they will know their heritage and who was there before them and who made a way. So I'm sincerely thanking you. It just reiterates what Commissioner Sarnoff said. I really want that, and you really gave it to us. Thank you all. Chair Gort: Anyone else? Seeing none, hearing none, we close the public hearings. Vice Chair Hardemon: Commissioners, the reason that I wanted to bring this item naming the youth center after Coach Sam Johnson is because he means so much to all of us who have ever set foot on that park, and I firmly believe that the reason that you have so much activity at that park was because of Sam Johnson. He gave all that he could, like Luther said, until the day that he passed away. And I remember growing up on that park, and Coach Sam was our father. You know, I didn't grow up with a father, and he played that role. He kept us out of trouble. He taught us discipline. He gave us everything that we needed so that we could become productive citizens; and he always stressed education, as well as sports, and so I'm a product of that system. And it is a great day for us to be able to name such a facility after someone who we know people care about at that place and people will always speak of. And the reason why you have an organization that exists purely on voluntary -- on a voluntary basis is because of the legacy that Coach Samuel Johnson left. I mean, this man left his full-time job to do what he did, because he wanted to save the lives of children on that park. And it is ironic, because if you -- if you've never met him -- the moment I walked out here and (UNINTELLIGIBLE) onto the dais, I looked at his brother, and if he's not the spitting image -- I almost started to cry because I thought I saw Sam. And if you want to know who Samuel Johnson is, if you look at that man's face, that's Coach Sam. That is Coach Sam. And every one of us have a seed that's been planted inside of us because we've all been around -- I'm looking at the faces who were here, and Mrs. Lamb and her daughter and everyone -- I mean, we've been around that park for 30 years or more. These are the people that I've known every day of my life since I became a Liberty City Warrior, and so that I will also be. And with that being said, I move that we pass this item. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. It's an ordinance. Nicole N. Ewan (Assistant City Clerk): Chair -- Barnaby Min (Deputy City Attorney): An ordinance of the Miami City Commission, amending Chapter 38 -- Ms. Ewan: Chair, the title was read by Mr. City Manager. Your roll call on item FR.4. A roll call was taken, the result of which is stated above. Ms. Ewan: FR.4 passes on first reading, 5-0. Vice Chair Hardemon: Thank you. Chair Gort: Thank you. Vice Chair Hardemon: Congratulations. City of Miami Page 55 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 FR.5 15-01277 ORDINANCE First Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER CommissionerKeon 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED, ENTITLED "PARKS AND RECREATION/IN GENERAL", BY ESTABLISHING A NEW SECTION 38-18 ENTITLED "NAMING OF FACILITIES AT HADLEY PARK", THEREBY RENAMING THE MILLER J. DAWKINS OLYMPIC SWIMMING POOL COMPLEX IN HADLEY PARK TO THE "MILLER J. AND NANCY S. DAWKINS OLYMPIC SWIMMING POOL COMPLEX"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01277 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PH (Public Hearing) -- Daniel J. Alfonso (City Manager): Mr. Chairman -- Commissioner, I'm not sure, but are you going to do FR.2 as well, which is like another naming, and it's FR.5? I'm sorry. Vice Chair Hardemon: We can do that quickly. Mr. Alfonso: I'm sorry. I'm losing my eyesight. FR. 5. Chair Gort: I have two pair of glasses. You want one? Mr. Alfonso: Okay, FR. 5, an ordinance of the Miami City Commission amending Chapter 38, Article I of the Code of the City of Miami, Florida, as amended, entitled "Parks & Recreation/General "; by establishing a new section, 38-18, entitled "Naming of Facilities at Hadley Park," thereby, renaming the Miller J. Dawkins Olympic Swimming Pool Complex in Hadley Park to the "Miller J. & Nancy S. Dawkins Olympic Swimming Pool Complex"; containing a severability clause and providing for an effective date. Chair Gort: Thank you, sir. Public hearing. Is anyone in the public would like to address this issue? Renita Holmes: Again, Madam Holmes, for Wave of Women in Public Housing Education, Finance, and Development. You know, it's really relevant to touch this one for me, because I know Mother Dawkins, and as I was speaking -- culture defines a community. It defines a people. And a park is an institution and a gathering place. And to name this after a woman who has been a great mentor, who has been a fiery, fiery activist, who has always been beside her man and, many times, in front of him if she has to be; considering that black families and heritage is something that we hardly ever see the -- in contrast, the street naming and the zoning to represent, but this is a person that's an institution, and this marks that institution, and that institution defines black women and mothers and families for me, so on target again. I'm smiling. Thank you, Commissioner. And thank you for the entire project, and thank you for the rest of the community for coming out, too; appreciate that. I think African -American women don't label their culture in a place where children die a lot, and when you see a great figure, like this woman who's still raising even grown women like me, and you all respecting them, I say we're getting back to equity within our own community. Appreciate it. Chair Gort: Anyone else? City of Miami Page 56 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Eureca Coulanges: Eureca Coulanges, Liberty City Optimist, 1350 Northwest 50th Street. I also support and our program support the naming of this after Mrs. Dawkins. She is the mother of the community, the mother of our area. She watches over our girls, and makes sure, you know, there's no hanky-panky going on at the park, so I'm very proud to say we support this naming. Thank you. Chair Gort: She's very good at that, that's for sure. Anyone else? Seeing none, hearing none, we close the public hearings. Vice Chair Hardemon: Commissioners. Chair Gort: It's an ordinance. Vice Chair Hardemon: Also, you know who this woman is, so there's not much I have to say with regard to that, but one thing I will add is that I had a chance to visit the Miller Dawkins pool, and I was dismayed at the condition that it was in, and I had a conversation with the City Manager about it, and we're going to commit the resources necessary to renovate or frx that -- the pool. And also, what I've instructed our City Manager that I would love to see happen -- and I believe it's going to be taken care of -- is that to reinstall the steps to the diving boards and the platforms so that kids can, once again, use those platforms, use those diving boards, and be able to train at -- in an Olympic pool, which is what it was made for. So I want to bring back -- the energy back to that pool; and so naming this pool, and including Nancy's name on it, I think would only be fitting if we put it back in a condition that was respectable, and that's what I want to see happen. So I move that we also pass this item. Chair Gort: It's been moved by -- Commissioner Sarnoff Sec. Chair Gort: -- Vice Chairman Hardemon; second by -- Commissioner Carollo: Second. Discussion. Chair Gort: -- Commissioner Carollo. Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Commissioner Hardemon, I'm glad you're, first of all, recognizing Nancy; and at the same time, I'm glad you're bringing the topic with regard to the pool. I think we need to look at all City of Miami pools, and I think the Parks Department is already doing that, but I think we need to put resources in all the City of Miami pools, because most of them either need some type of reconstruction or refurbishing, and I think that we need to look at all of them in order to make sure that, you know, the City as a whole is given the services that it needs. So I just want to put that for the record. Chair Gort: Thank you. Let me tell you, Igo back with Nancy. They say, `Behind every man there's a strong woman." And Nancy, she's always been in that park not only for the juniors and for the kids, but for the senior citizen also. I mean, she did a lot of hard work in that community for a long time, so it's -- I'm glad you bringing -- you brought that up. Any further discussion? Being none, an ordinance. Nicole N. Ewan (Assistant City Clerk): The title was read into the record by Mr. City Manager. Your roll call on item FR.5. A roll call was taken, the result of which is stated above. City of Miami Page 57 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 FR.6 15-00789 Department of Parks and Recreation RE.1 15-01246 Bayfront Park Management Trust Ms. Ewan: Item FR.5 passes on first reading, 5-0. Chair Gort: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-73 ENTITLED, "DEFINITIONS", PROVIDING FOR ADDITIONAL DEFINITIONS, AMENDING SECTION 18-86 ENTITLED, "COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS", DELETING THE EXCEPTION FROM COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS FOR SERVICES PROVIDED BY NON-PROFIT ORGANIZATIONS WITHIN CITY OF MIAMI PARKS, AND ESTABLISHING A NEW SECTION 18-121 OF THE CITY CODE ENTITLED "ADVERTISEMENT, SELECTION AND AWARD OF PROGRAMMING PARTNERSHIP AGREEMENTS", PROVIDING PROCEDURES FOR THE ADVERTISEMENT, SELECTION, AND AWARD OF AGREEMENTS WITH PROGRAMMING PARTNERS; FURTHER AMENDING CHAPTER 38 OF THE CITY CODE, ENTITLED "PARKS AND RECREATION", MORE PARTICULARLY BY AMENDING SECTION 38-65 ENTITLED, "PEDDLING, VENDING AND MERCHANDISING", PROVIDING FOR THE GRANT OF CONCESSION PRIVILEGES BY PROGRAMMING PARTNERS AGREEMENT, AND ESTABLISHING A NEW ARTICLE VII OF THE CITY CODE, ENTITLED "PROGRAMING PARTNERS PROGRAM", PROVIDING A PROCESS TO IDENTIFY AND SELECT QUALIFIED PROGRAMMING PARTNERS TO ASSIST THE PARKS AND RECREATION DEPARTMENT IN PROVIDING ACTIVITIES AND SERVICES AT CITY PARK AND RECREATIONAL FACILITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00789 Summary Form FR.pdf 15-00789 Back -Up Documents FR.pdf 15-00789 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Note for the Record: Item FR.6 was deferred to the January 14, 2016 Regular Commission Meeting. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY City of Miami Page 58 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 MANAGER APPROVING THE FINDINGS OF THE BAYFRONT PARK MANAGEMENT TRUST EXTERNAL AUDIT EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 496326, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") ARE IN RANK ORDER: (1) SANSON, KLINE, JACOMINO, TANDOCAND GAMARRA, LLP AND (2) KEEFE, MCCULLOUGH & CO., LLP; AUTHORIZING THE TRUST TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SANSON, KLINE, JACOMINO, TANDOCAND GAMARRA, LLP FORATERM OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $93,500.00. 15-01246 Memo - Bayfront Park Management Trust.pdf 15-01246 Letter -Award Recommendation.pdf 15-01246 Request For Proposal.pdf 15-01246 RFP Response.pdf 15-01246 Legislation.pdf 15-01246 Exhibit - Agreement.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0461 Chair Gort: FR.4. Commissioner Carollo: That was done. Daniel J. Alfonso (City Manager): Mr. Chair, 4 and 5 were done. Chair Gort: (UNINTELLIGIBLE) 4 and 5 (UNINTELLIGIBLE). Mr. Alfonso: Six was deferred, so we're on to the REs (resolutions). Commissioner Carollo: RE.1. Chair Gort: RE.1. Mr. Alfonso: RE.1 is a resolution of the Bayfront Trust. There you go. Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. Commissioners, we need new auditors at Bayfront Park, so this resolution would accept the City Manager's approval of a recommendation provided by the procurement committee for the Bayfront Park Management Trust, authorizing us to enter into an agreement with Sanson, Kline & Jacomino for three years, plus two one-year options to renew, for an amount not to exceed $93, 000. Chair Gort: Okay. Thank you. Commissioner Carollo: Move it. Commissioner Sarnoff. Second City of Miami Page 59 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 RE.2 15-01240 Department of Community and Economic Development Chair Gort: Been moved by Commissioner Carollo. Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, sir. Mr. Schmand: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, GRANTING A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR CITY OF MIAMI OWNED PROPERTIES AT THE FOLLOWING LOCATIONS: 11115 NORTHEAST 13 AVENUE, MIAMI, FLORIDA; 14950 NORTHEAST 11 AVENUE, MIAMI, FLORIDA; 1075 NORTHEAST 149 STREET, MIAMI, FLORIDA; 1095 NORTHEAST 149 STREET, MIAMI, FLORIDA; AND 1301 NORTHEAST 111 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED ("PROPERTIES"), TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, EACH GRANT OF EASEMENT CONTAINING A REVERTER PROVISION IN THE EVENT THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY MANAGER, INCLUDING GRANTS OF EASEMENTS, SOLELY FOR SAID PROPERTIES, AS MAY BE REQUIRED BY MIAMI-DADE COUNTY FOR CONSTRUCTION PERMITS. 15-01240 Summary Form.pdf 15-01240 Back -Up Documents.pdf 15-01240 Legislation.pdf 15-01240 ExhibitA.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-15-0462 Chair Gort: RE.2. George Mensah: Commissioners, George Mensah, director of Community & Economic City of Miami Page 60 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Development. RE.2 is a resolution of the Miami City Commission, with attachment, that authorizes the City Manager to execute a grant easement to Miami -Dade Water & Sewer Department for properties outside the City of Miami that is owned by the City for our HOPWA (Housing Opportunities for Persons Living with AIDS) program. Commissioner Sarnoff So move. Chair Gort: Thank you, sir. Been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by -- Yes, ma'am? Brenda Betancourt: Any of these -- Nicole N. Ewan (Assistant City Clerk): Ma'am, please state your name and address into the record. Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. Are these -- we have any receiving any money for this transaction of changing of ownership? Mr. Mensah: Can I -- Chair Gort: Go ahead, explain it. Mr. Mensah: No, we are not changing ownership. We are only providing easements for water and sewer purposes. Mr. Betancourt: Because, you know, we tend to give a lot of our properties away, and rights and things so -- Chair Gort: Excuse me. Ms. Betancourt: -- just concerned a little bit. Chair Gort: (UNINTELLIGIBLE) this is property that's owned by the City of Miami that is used for HOPWA program, which has been brought by Federal grants, and it's to create an easement so they can provide service of water. Mr. Mensah: Yes. Ms. Betancourt: Thanks. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 15-01265 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL YEAR 2015-2016 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 15-0394, ADOPTED SEPTEMBER 10, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 15-0416, AND RESOLUTION NO. 15-0424, BOTH City of Miami Page 61 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 ADOPTED SEPTEMBER 24, 2015, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OF MIAMI DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-01265 Summary Form.pdf 15-01265 Legislation.pdf 15-01265 ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo RE.4 15-01004 Department of Capital Improvement Programs/Transportat ion R-15-0463 Chair Gort: RE. 3. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management& Budget. RE.3 is a capital re -appropriation. There are no new appropriations in this one. Lines 1 through 7 on Exhibit `A" are at the request of District 2, including moving some of the new money that was allocated in the new budget from a general account to specific. Line 8 is District 1; lines 9 through 15 and 27 are the Administration; and lines 16 through 26 are at the request of District 4. I'll take any questions you may have at this time. Chair Gort: Thank you. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING A "TITLE VI/NONDISCRIMINATION PROGRAM PLAN" FOR THE CITY OF MIAMI ("CITY") AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN WITHIN 30 CALENDAR DAYS; AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI NONDISCRIMINATION ASSURANCE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND TO EXECUTE ANY OTHER AGREEMENTS OR DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY TO COMPLY WITH FEDERAL, STATE, AND LOCAL NONDISCRIMINATION LAWS AS MAY BECOME NECESSARY; DESIGNATING THE DIRECTOR OF THE OFFICE OF EQUAL City of Miami Page 62 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 OPPORTUNITY AND DIVERSITY PROGRAMS TO SERVE AS THE TITLE VI COORDINATOR FOR THE MANAGEMENT OF THE CITY'S TITLE VI/NONDISCRIMINATION PROGRAM. 15-01004 Summary Form.pdf 15-01004 Pre-Legislation.pdf 15-01004 Legislation.pdf 15-01004 Exhibit - Program Plan.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0464 Chair Gort: RE.4. Christopher Rose (Director, Office of Management & Budget): Thank you, Commissioners. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements & Transportation. RE.4 is a resolution of the City of Miami authorizing the Manager to adopt the revised Title 6policy. A Title 6policy is a nondiscriminatory policies. The main revision in this title is to add four protected categories, basis of sex, age, disability, religious, or family status. This resolution also authorizes the Manager to designate the director of the Office of Equal Opportunity and Diversity to serve as a coordinator for the implementation of this policy. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second Commissioner Suarez: Second. Chair Gort: By Vice Chairman Hardemon. Discussion. Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 15-01349 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587 FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2016. 15-01349 Summary Form.pdf 15-01349 Legislation.pdf 15-01349 Exhibit SUB.pdf City of Miami Page 63 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0475 Chair Gort: RE.5. Daniel J. Alfonso (City Manager): Commissioners, RE.5 is a resolution rating the collective bargaining agreement with the Firefighters, AFL/CIO (American Federation of Labor/Congress of industrial Organizations), Local 587. Right now we're distributing a copy of the final agreement that was ratified by the collective bargaining unit. The Finance Committee, which is required to opine as per our Code, has sent a statement that they would like read into the record. The -- "Upon review, the Finance Committee has forwarded the contract with favorable recommendation, but wish to express concerns about the long-term financial impact of the contract, especially upon future pension costs to the City." That is the statement. Commissioner Suarez: Move it. Chair Gort: Thank you. Been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Commissioner Suarez: Discussion. Discussion. Chair Gort: Yes, sir, you're recognized. Freddy Delgado: Good morning, Chairman. Good morning, Commissioners, City officials, City Manager. If you indulge me, I want to read a statement that I've prepared. During the past few weeks, myself, the executive board of the IAFF (International Association of Firefighters), Local 587, has spent countless hours explaining to our members the whole process of the negotiations for the past year and a half and now we -- how we got a tentative contract proposal. There was much debate as I went through our stations and all the different districts, and a lot of pent up emotions. After many heated discussions, the majority of our paramedic and firefighters of the City of Miami, once again, voted to do the right thing. Now we present you a complete contract that has been ratified and approved by our members, awaiting your approval, and of course, I'm in support of it. Although we remain very confident that this contract proposal is a very critical step in the right direction, we are aware that this is merely a foundation for the process to regain the level of compensation and benefits we had before the financial crisis. Thankfully, the City is very far along its way to full financial recovery, and we are eager to begin the process of preparing for our next negotiations. We must return our department salary and benefits to a competitive level so that we may attract and retain the best of the best, as has been our tradition for many, many years. I have given this IAFF Local 587 my commitment that our work is far from done, and that the next negotiations will build our pay in benefits to the level it should be based on service and our sacrifice. We appreciate everything that our Commissioners, the Mayor, and the whole negotiating teams worked on this. I'm very excited continue negotiating for my paramedic and firefighters of the City of Miami and for what they deserve. I'm very optimistic for the future of this City and the Miami firefighters, and I thank you for your support Chair Gort: Thank you. Mr. Delgado: -- ofRE.5. City of Miami Page 64 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Thankyou. Mr. Delgado: Any questions? Chair Gort: Anyone else? Mr. Delgado: Okay, thank you. Chair Gort: Thankyou. Commissioner Suarez: Vote it up. Couldn't have been said better than that. Chair Gort: Any further discussion? Commissioner Sarnoff. So move. Nicole N. Ewan (Assistant City Clerk): There is a motion and second -- Chair Gort: It's been moved and -- Ms. Ewan: -- on the floor. Chair Gort: All in favor? Commissioner Suarez: Couldn't have been said better than that. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: As amended. Chair Gort: As amended. Commissioner Suarez: We're rarely ever speechless, Freddy, so that's a good thing. RE.6 RESOLUTION 15-01358 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING THE CITY Commissioner Frank MANAGER AND/OR THE PLANNING AND ZONING DEPARTMENT TO Carollo CONSULTAND NOTIFY DISTRICT COMMISSIONERS OF PLANNING AND ZONING ITEMS WITHIN THE COMMISSIONERS SPECIFIC DISTRICT PRIOR TO NOTICE TO THE PUBLIC AND PLACEMENT OF ITEM ON THE CITY COMMISSION AGENDA. 15-01358 Legislation.pdf MOTION DIES FOR LACK OF A SECOND Chair Gort: RE.5. Daniel J. Alfonso (City Manager): Mr. Chair, it's -- Chair Gort: Yes. City of Miami Page 65 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Alfonso: -- about noon; do you want to take this item now, or do you want to --? RE.6. Chair Gort: RE.5 (UNINTELLIGIBLE). Mr. Alfonso: Five is done. Chair Gort: RE.6. Commissioner Carollo: Thank you, Mr. Chairman. This is an item that -- I'm sorry? Chair Gort: RE.6 (UNINTELLIGIBLE). Commissioner Carollo: RE.6 is -- Chair Gort: Yes, go ahead. Commissioner Carollo: Thank you, Mr. Chairman. This is an item that I'm bringing along, and more than anything, it's to just put in writing, you know, what I think mine and I would think this Commission's expectations is, and pretty much, I'll read the resolution: `Requiring that the City Manager and/or one of his designee" -- and since I'm talking about PZ (Planning & Zoning) specifically, but I real -- I actually believe it should be with any City item that comes before us that has an impact to a district; make sure that there is consultation with that Commissioner's office prior to any public notice going on or placing an item on the agenda, and again, that deals with that district or has an impact on that district. So I make a motion to move RE.6, but I welcome any discussion prior. Commissioner Sarnoff I'm going to second for discussion. Chair Gort: Discussion. Commissioner Sarnoff I just want to hear from the City Attorney that this is acceptable and can be done. Barnaby Min (Deputy City Attorney): The City Charter prohibits the elected officials from directing staff to do anything. They must go through the City Manager's Office. So if the resolution, as stated by Commissioner Carollo on the record, is to designate the City Man -- to direct the City Manager or the City Manager's designee upon the Manager's approval, then that would be sufficient and legally acceptable. Commissioner Sarnoff So if a Planning director came to us, but was done so as instructed by the City Manager, that would be okay? Mr. Min: Correct, because the City Charter prohibits any elected official from directing any City staff City staff do not answer to the elected officials. The City Manager is the administrator for the Administration, and the department directors and other City employees do answer directly to the City Manager. So the proper chain of command, if you will, would be for the elected officials to work with the City Manager, who can then direct any staff member to assist and work with the elected officials and the Administration. Commissioner Sarnoff But the distinction I want to draw -- is it okay, Mr. Chair? Chair Gort: Yes, yes, go ahead. Commissioner Sarnoff. The distinction I want to draw is just because I think I know Francisco Garcia real well, and I ask him to come in my office and say, "Would you consult with me on City of Miami Page 66 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 this, " I'd be violating the Charter. But if I said to the Manager, "I understand you want to bring up a new T-11 designation" -- I don't think we have that -- "would you mind if I speak to your Planning director?" And he says, "Sure, Commissioner, that's okay." That's acceptable. Mr. Min: Yes. Again, it's -- you're going through the City Manager, so to the extent the City Manager's consenting to the designee going to communicate with the elected officials, that is acceptable. Commissioner Sarnoff So -- Commissioner Suarez: I don't think that's right, but -- I don't think that's right. Commissioner Sarnoff Go ahead. I'd like -- Commissioner Suarez: No. I just think -- I think the obligation is on us. It's not on the City Manager. We cannot direct anyone to do anything, so it's not something that you have -- you can defer: "Oh, well, I'll just waive that." It's an obligation that we have to not do something. So I'm not saying it affects this. I'm just saying that I don't agree with the way that that's -- that conversation is going. I'm just telling you my perspective. Commissioner Sarnoff My concern, candidly, is the comfort upon which we would start having -- well, you will, not me -- but you'll start having with always going to -- because if it's a Planning & Zoning issue, I imagine you're going to be dealing primarily with the Planning director, maybe the Zoning administrator as well, but we won't know whether we have the City Manager's designation that that's the person that we're dealing with, so you could easily run afoul of the Charter. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Mr. Chairman, and let me be more specific on the intent -- Commissioner Sarnoff I know your intent. Commissioner Carollo: -- of this resolution. The intent of this resolution is to make sure that the expectations is that there is communications with the -- between the management and the district office. For example, should an item be coming to a P&Z (Planning & Zoning) agenda and the district Commission office doesn't know about it, and it is advertised it is moving forward, and there is no heads up. Listen, it's not like there is many items that are coming at the same time, so I think it's only proper and reasonable that that conversation or that communication between the management should come to the district office and say, "Hey, we're planning to put this on the agenda for such and such date." And then, okay, great. It's a way to have communication, and it's a way for that district office so we have a plan ahead. I'll give you one that occurred recently, and that's why I may want to amend this to not just P&Z items, but also items in a Commission meeting as a whole. PH.1 today. PH.1 today was an item that affected two Commissioners' districts. It affected Commissioner Hardemon's district and my district, which was an easement or giving an easement or giving a permanent easement or giving away land to FDOT (Florida Department of Transportation) for a bridge. That could potentially affect -- and as it's clearly stated, has an impact on my district. When I looked at the backup, I said, "Whoa, I'm going to have an issue with this, because it seems like it's a lot of land" When I -- when we actually did additional homework, but we had to do the homework, we had to actually get folio numbers, look them up and so forth, it was just a sliver of land; it wasn't as what it was originally portrayed to be, but it puts us in a situation where we're scrambling, you know, on an item that, once again, we had no idea that it was coming forward; not to mention another item City of Miami Page 67 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 that today is coming forward and my office was not prepared for it, and I'll candidly tell you why. You know, months back, we had the P&Z item on first reading with regards to East Little Havana, and that had to go to the State. That's taken a lot more time than we expected. Yet, we had an SAP (Special Area Plan) that came to us -- frankly, I remember it because it was a big agenda on the first meeting in September that also had the first budget hearing. So I think we got some time to read over, concentrate, look at the different issues that we may have -- and as a matter of fact, Commissioner Sarnoff, you encouraged me to deal with that SAP and look at the different issues and so forth, and I said, "Yes, I'm open to it." We were not aware that it was going to come back so fast and it be in this meeting. So, you know, to adequately prepare, I think that the Administration should have that conversations or that communication with the district office that it could impact, so it's as simple as that. It's more about communication. It's not as far as ordering anybody or demanding anything. If anything, it's demanding that there is more communication, open communication in order to better serve our residents. How would you like it if an ad comes out about an important issue in your district and you're not aware that it's coming out? You haven't seen the agenda out. The final agenda still isn't out, so you don't know that it's coming out, and you start getting calls. How do you respond? "Well, Commissioner, it's in the paper." Do you know everything that's being advertised? No. So, it's as simple as that. It's as simple as just, you know, requiring the management -- the Manager to give us communication on what they're expecting to put in the agenda that affects that Commissioner's district. Commissioner Sarnoff And I'm just trying to help you. I don't -- there's a Charter, which is the governing instrument. Commissioner Carollo: Understood. Commissioner Sarnoff I'm just trying to help you in the event diabolical issues should ever come up, that you get what you want, but you don't run afoul of the Charter. Commissioner Carollo: Oh, no, no, no. Listen, I've always welcomed the discussion. I always welcome the debate, and I've always said that vetting an issue, you know, actually makes it, you know, a better resolution, better ordinance. So I am telling you what my intent is. You guys are the attorneys and I -- Commissioner Suarez: I'm coming. I'm coming for you. Don't worry about it; I'm going to help you. Commissioner Carollo: At the same time, hey, I welcome the suggestions in order to make it happen, but I'm letting you know what my intent is. And more than anything, it's just to have open communications to make sure that we could serve our residents the way we feel we should serve our residents. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair, and I think I can help as well. I think if the -- if the intent, which is what you've expressed, is to get information, is to get notice, then that is fine. I think here it says -- and this is what I would suggest, that you remove "consulted" from it, just because that gives the impression that there's more than just notice; that there's some sort of collaborative -- like you're making a cooperative decision with somebody, so that could be problematic. The other thing is -- I know we get notice. It's not just the newspaper. They send us specific -- Mr. Alfonso: May I for a moment -- both items that have been discussed by the Commissioner were on the draft agendas, which are sent well ahead of the actual agenda, number one. And number two, one of these items was actually going to be originally in the July agenda so it was City of Miami Page 68 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 certainly consulted with. It was deferred to September. It was heard in -- for September at first reading, so it was understood that it would be on the October 2 [sic] normal agenda, but -- and again, it was in the draft agenda as well. Commissioner Suarez: And that could sort of -- I think that that would comply, by the way. If you're -- if it's in the draft agenda, it would certainly comply because -- Mr. Alfonso: Correct. So we believe we already notify -- Commissioner Suarez: Okay, but -- and I'll let him, because I know he wants to get in on this. But one thing I would say is where you're also treading on thin ice is if you -- you know, Commissioners don't have the right to pull agenda items without it coming to the Commission and the Commission vetting it and making the decision. So it's not about, "Oh, this is coming in your district; do you want to pull it?" Okay, that, we can't do. And that's -- I mean -- unless anybody disagrees with that. But that's something that I think is clearly out of bounds. We can get notice of -- we're thinking of doing this. It is what it is, you know what I mean? And then we can move forward or not move forward or ask for a deferral when we're here, or whatever the case may be, but I don't think we have the right to say to the Administration "we don't want you to do that." Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: The reason that my office found out about it was because we looked at the draft agenda, and the draft agenda doesn't necessarily give you too much time to operate, and it's not like we're looking for every day when a new draft agenda comes out. Nor, do I think that a draft agenda is specific on a date and time prior to the actual final agenda coming out. And although something was deferred in July and did come in September, as I mentioned before, it was supposed to go to the State. I thought it was going to take a lot longer. I did not know that it was coming back, so we all knew that it was coming in the first meeting in October. I don't know who's "we all," but it wasn't our office. And the only thing is, I think that there needs to be communications with regards to what's coming up, especially within a district, especially, you know, when you're talking to someone like it could affect a lot of individuals, so -- Chair Gort: Okay. Commissioner Carollo: I will move my item -- Chair Gort: It's been moved and second by Commissioner Sarnoff. Commissioner Carollo: -- with an amendment. And instead of putting and/or Planning and Zoning Department,'ft will be "with the City Manager alone." And I think that will go to the issue that you brought up, Commissioner Sarnoff. Commissioner Sarnoff I think you're right, by the way. You're doing pretty good lawyering. Commissioner Carollo: Hey, being up here with three lawyers, you know, we pick up on a few things. And instead of "Planning & Zoning items," I would put "Commission items." Chair Gort: Wait. Commissioner Carollo: So right now, as it reads, it says And/or the Planning & Zoning Department,'that will be stricken -- "to consult and not district Commissioners of Planning & Zoning items "; it will be "of City Commission items." City of Miami Page 69 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: Yeah. Commissioner Carollo: So I'm -- Chair Gort: I can't (UNINTELLIGIBLE). Commissioner Carollo: -- so what I'm doing is I'm not making it exclusive with Planning & Zoning items, and I'm making it just the City Manager to address that issue. Commissioner Suarez: I can't support it without deleting the language "consulted, " and -- because I think that runs potentially afoul of the Charter. Commissioner Carollo: Madam City Attorney, would the language of "consult" go afoul of the Charter? Victoria Mendez (City Attorney): Consult -- just a dictionary definition of "consult" means to seek advice or guidance. With regard to deleting the language of "the Planning & Zoning Department or any designees" and just "consulting with the City Manager," that should alleviate any concerns; obviously, always going through the fine line of not hijacking an item or things of that nature, so that's basically what should be happening with the management and the Commissioners. Chair Gort: Let me tell you what my problem is. Anything that happens in any one of our districts affects everybody. So I think all the Commission has got to be aware of everything that going to take place, in my district, in somebody else's district, because anything they happens to any one district affects the whole City. And I understand their point of view, and I think maybe I have been lucky, but I get information about thing that's going to happen in my district, and I try to find out as soon as I can. And open communication's a two-way street, and I understand a lot of times we don't have enough time to meet with these people, but I get all the information and I call. I make my calls, and my understanding is the staff and the Manager is always available there to give information. Commissioner Carollo: Understood Mr. Chairman, but obviously, that may not be the same case with another Commissioner, so all I'm saying is, "Hey, let's just put it in writing, " you know. Let's put, you know -- that same expectations that you're receiving, you know, let's just put it in writing to make sure that all districts and all Commissioners are getting it. It's as simple as that, you know. This is about, you know, making sure that we do have that communication and there's -- you know, it's pretty straightforward,- there's no, you know, confusion on it. Commissioner Sarnoff Can I make a suggestion, because I just did a little Lexis/Nexus. Chair Gort: Let attorneys do the -- put their heads to work. Commissioner Sarnoff So, instead of using "consult," "inform," and the definition of "inform" is to tell, notifies, apprise -- inform: to tell, to notify, to apprise, to advise. It doesn't require the "consult, " which means -- it takes away -- Commissioner Suarez: The back and forth. Commissioner Sarnoff Correct. Commissioner Carollo: Here's the only issue with that, Commissioner Sarnoff. I don't know how many times you've received an e-mail late, late at night on that Friday, and then they tell you, "Well, Commissioner, we'll let you know. We informed you about it." And so -- City of Miami Page 70 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: But how does "consult" do anything different? Commissioner Carollo: Because -- Ms. Mendez: I will give you the perfect example of the definition of "consult, " because I've been -- I've had to look at it way too much. Consult: to seek advice or information from, ask guidance from; consult your lawyer before signing the contract." You all know that I give advice, and it is sometimes a business decision on what is done or what is not done. "Consults" mean to seek advice or information from. So if the Manager's information -- the Manager goes, seeks advice or information, the Manager can still, once he gets the advice and information, still put it on an agenda, but obviously, this is something that it's -- Commissioner Suarez: And what if the person he's seeking the advice or information from is not available? Ms. Mendez: Well -- Commissioner Suarez: Or never becomes available; or doesn't respond or is unresponsive? Ms. Mendez: At the end of the day, the Manager is the administrator of the City of Miami, and there's certain things that the Manager can or cannot do, and obviously, after he consults and seeks information, if he feels he has all the information, he could place something on an agenda, but this is obviously a tool that this Commission can use to make sure that they are consulted and information is sought, and it's just memorializing something. Commissioner Sarnoff And I just want to go on record. I've never felt "consulted" by you, but I've always felt "informed" by you. Commissioner Suarez: Yeah. Ms. Mendez: I guess that's a good thing. Chair Gort: Yes, ma'am, two minutes. Renita Holmes: My name is not Yes, ma'am, two minutes,'Commissioner Gort. Thank you. I love you anyway, especially after this. But just a question is my concern -- Nicole N. Ewan (Assistant City Clerk): Your name and record -- your name and address on the record, please. Ms. Holmes: Oh, I'll give that information, sure. My name is Madam Holmes. Commissioner Suarez: Couldn't you say "ditto"? Ms. Holmes: Yeah, ditto. The -- when we talk about specifics required here and the rules of engagement of public government and civic organization and comprehension, and I'm looking at something that merits the statute that guides Planning & Zoning. You know, Commissioner, through the Chair, when we came down here and we talked about Wynwood, I did not, actually, in all my knowledge, reading -- and I got other things to do and other subjects and topics -- but how it affects us here in government and public engagement, that Planning & Zoning and this BCC (Board of County Commissioners) meeting has something like equity, but yet, when it gets to public notice and information, and I'm asking for impact information and environmental information, I run the pattern and trend as described by this CODIS (Combined DNA Index System) on how disparity affects some neighborhood versus others; particularly those who don't City of Miami Page 71 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 have mainstream assistance to submit to Planning & Zoning for their own district BIDs (Business Improvement Districts) or development process. I see an imbalance. So when I look at the rule here of engagement versus the statute of the comprehensive master plan in the State of Florida, I'm wondering if the ethics in this balances out like it does in a State level as it does -- as it plays here in this rule level, and that's my concern, a open government as a citizen, and that was my complaint day before yesterday, and inquiring from national about this, and how we do this. So a rule versus a statute, Federal guidelines and State guidelines versus a privilege; taxpayers' rights to know, as well as those who represent me on this teeter -toddling thing, but I'll close in saying this: We have had a pattern and a trend when we talk about Federal color of law and guidelines and how we apply Planning & Zoning. Disparately, it makes a difference to me, to my Commissioner, because if my Commissioner doesn't know that Overtown was already in somebody else's district and changed the name and all this, that's why, because the environmental impact, the economic impact, all of those under State law has nothing to do or does not even supersede -- I mean, this is just rules of engagement. Chair Gort: Thank you, ma'am. Ms. Holmes: But it would think -- you would think in the ethics and in the standards that were created by the law, that this would reflect -- and that -- Chair Gort: Thank you. Ms. Holmes: -- him or you or I would not have to come back later on and find out that the people we paying tax to -- Chair Gort: In conclusion, please. Ms. Holmes: Well, I'm concluding. Chair Gort: Yes. Ms. Holmes: -- and information that the rules of engagement limit disparately our participation in Planning & Zoning and thus causes this CODIS to come back here again. Thank you so much. Chair Gort: Thank you, ma'am. Mr. Alfonso: Mr. Chair. Chair Gort: Yes, Mr. Manager. Mr. Alfonso: I want to point out a couple of things. First, the Planning & Zoning items, if we're specifically talking about those, they go through Planning & Zoning Appeals Board, so they get publicly discussed. They -- there are community meeting for most of these, even before they get onto the agenda, so once they get on the agenda -- like I said, we do draft agendas. I believe we definitely do our job in informing the Commissioners. I have a concern in some of the amendments being talked about about all items. As you are all aware, there are items that get onto the Commission on the day of print, so if you pass something that says before we put something on the agenda, we have to consult all the elected officials, basically, that may be impacted by that, then those items that sometimes people want to place on the agenda at the last minute will not be placed on the agenda because we haven't consulted or informed the other elected officials ahead of time that the items going to be placed on the agenda. So I would have a concern about putting those kind of restrictions on the Administration. Chair Gort: Okay. City of Miami Page 72 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Again, the intent is to further the communications, especially when it has an impact on a specific district. That's why I would like the district Commissioner to be informed, consulted with. I mentioned why the word i onsulted'{vas used, Commissioner Sarnoff, because on many occasions -- and listen, I remember you mentioning how, all of a sudden, you know, financially, we're great, great, great, and then, all of a sudden, financially, we're not so great, you know, within a few months, okay? So -- and what I mean with that, is right now, I know for a fact you all know how these last-minute emails go out and so forth, and that doesn't necessarily mean that you or your staff was in the office at 7 o'clock at night or so forth to read something. So I want to make sure that, you know, listen, it is communicated to the office, not necessarily some e-mail at -- you know, at the end of the day where no one sees, and more than anything, which -- what I'm trying to do is to make sure that there's communications between a district office and the management, especially when it's something that's extremely important to the residents of that district. It's as simple as that. It's as simple as that. I mean, if some want to make more of it, I understand -- listen, I don't violate the sunshine law. I can -- you know, I don't go to you guys and express this and that. I don't have that luxury. But the bottom line is that, you know, I think this is -- this fosters and conducive to knowing the expectations from the Commissioners' oice to the Administration. Chair Gort: Okay. I think -- Commissioner Suarez: And so -- wait, wait, wait, wait, wait. So let's say -- this -- we're going down a dangerous road here, folks, I'm telling you right now. Let's say a Commissioner, the day before print, which is within the five-day rule -- we already have a five-day rule for notification of these things. And we can defer things, if we don't feel that we have gotten sufficient notification. So let's say that a Commissioner, who sends something the day before public -- the day before Friday; then the Manager has an obligation to consult with every Commissioner before -- has an obligation to consult with every Commissioner and notify every Commissioner; otherwise, what? And how does that notice --? I mean -- and by the way, citywide legislation affects every district, so by definition, you have to not that Commissioner because it's citywide legis -- it affects my district, so you can't just say it's district only -- there's no such thing as a district only -- I mean, how does that even work? Commissioner Carollo: If -- well, if you want to see, look at PH.1, which on top, it will tell you clearly that districts affected, and you would see District 3 and District 5. You want to know how it works? Look at PH.1 where it clearly stipulates the district that is affected. If you look at P&Z items, it tells you the district that it is affected and where it's at. There's a reason for that. Chair Gort: Commissioner, I'll recognize you. The floor is now held by Suarez right now. Commissioner Suarez: No. I'm just saying that that's a physical sort of designation. It's physically, but whether we swap a property with FDOT, that's a policy decision of this government. I mean, that's what PH.1 is about. A P&Z item, whether we build a 60-story building in District 2, that's going to affect District 4 because of the traffic, the congestion, et cetera. So everything that we do in a specific district affects the entire City. So how can you say that some -- a PZ item in your district doesn't affect my district? Commissioner Carollo: Well, I'm going by what -- the agenda item summary form, which we have used for the last six years -- and I haven't seen anyone complain -- stipulates "districts impacted" So I'm going by that. So if you feel that way, then, you know, maybe we should change this agenda item summary form that we've all used for the past -- at least since I've been City of Miami Page 73 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 here, for the past six years and no one seems to have complained. Chair Gort: Okay, gentlemen, we've been discussing for a while. We have one more item, because my understanding is, two of you are not going to be here later on. Commissioner Suarez: For a while. Commissioner Sarnoff I think from 2 to 4; is that the time? Commissioner Suarez: Yeah, at least. I mean, you never know when those things are going to end, and it's going to be executive director, so it could be even longer. Chair Gort: Okay. There's a motion and a there's a second. Ms. Ewan: Does the seconder accept the -- Chair Gort: Wait a minute. Ms. Ewan: -- amendment? Chair Gort: Yes, ma'am. Brenda Betancourt: I think that we go back to taking responsibilities. Like we were asking the general contractors to be accessible in the phone, I think the Commissioner be able to receive the emails on the phone, and even though if it's in the weekend or at 7 p.m., you can actually revise your documents. Chair Gort: Thank you, ma'am. Commissioner Sarnoff You know, Commissioner Carollo, I understand the intent of what you're bringing about. Let me give you my experience of nine years. There's all different kinds of Commissioners: those that are actively engaged; those not so actively engaged. If you want to learn anything that's going on at a governmental level, if you remain actively engaged, you will learn at the planning, conceptual; whatever stage you want to be involved in with this Administration, you can be involved in. I like to believe when I wanted to be, I was involved at the ground level; and I'd like to believe when I didn't think it was necessary to be involved, I waited for it to come up here. And I understand what you want required. I still, to this day, candidly, don't degree with the five-day rule, so I don't think one Commissioner should ever have the ability to dislodge what four other people want to bring up, whether it's the District 2 Commissioner or it's the District 4 Commissioner or -- even the Chairman, you know, and he's got a lot of power. He's got a lot of power in and of himself to put things on a Commission agenda. As we go through the machinations here of consult, inform, blah, blah, blah, you know, we -- we're going down a slippery path, because we want to somewhat accommodate you, but I feel like brushing against my back is the Charter at all times. So I'm going to withdraw my second. Maybe there's more you can do here. Maybe it's a practice that -- maybe it's a directive to the Manager that anything that happens in District 3 from a planning level, which I think is your issue, should be brought to you to have a conversation about; that I could support. Commissioner Carollo: So ifI change my language from "consulting" to "conversation" -- because I think that was the initial issue, so if we change from "consult" to "converse" and "notify, " I think that is the same thing that you're saying right now. Commissioner Sarnoff Well, I think a directive is a lot less, you know -- Commissioner Carollo: And -- because that was the original issue, and I've addressed both City of Miami Page 74 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 RE.7 15-01131 District 4- Commissioner Francis Suarez things. One is with regards to the City Manager, so we just put the City Manager; and the second thing was "consult," and you mentioned "informed" But you know what? Conversation, I think, is adequate. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: The only problem I have -- and it goes to your earlier point when you were talking about different kinds of Commissioners. We've seen a variety of different kinds of Commissioners, and some are accessible and some are not accessible, and some respond to emails and some do not, and some respond to phone calls and some do not. And so to create that extra onus that we're not going to paralyze legislation because there needs to be a conversation that may or may not take place -- the person may go to Disney World; the person may go to Zimbabwe, whatever the case may be. And so I just -- I think it's impractical -- I understand what he's trying to accomplish. I think there are a lot of mechanisms in place to already accomplish what he's accomplishing. I don't know why he seems to be the one that doesn't get the notice, because I feel perfectly noticed, you feel perfectly noticed. I don't know -- you know, I think there are mechanisms that we have to express when we don't feel that we're noticed, which is to come up here and make a compelling case to our colleagues: "We should defer this." I supported him when he wanted to make it a five -five thing on the five-day rule, even though I also had my reservations. By the way, it's never been invoked. Commissioner Carollo: Yes, it has. Commissioner Suarez: Maybe once. It's been -- my apologies; it's been invoked once in six years. So it's been invoked once, and that's good, you know, and it was invoked -- and I supported it. But 1 think we're going a little bit too far here, and that's just my personal perspective on it. Commissioner Carollo: I just don't see -- Chair Gort: Okay, is there a second? There's no second. We'll continue to work on it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ALLOCATING GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT NOT TO EXCEED $30,000.00, TO THE ASSOCIATED BUILDERS AND CONTRACTORS, INC., FLORIDA EAST COAST CHAPTER; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE DONATION. 15-01131 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Note for the Record: Item RE. 7 was deferred to the November 19, 2015, Regular Commission Meeting. City of Miami Page 75 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 RE.8 15-01347 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Commissioner (4/5THS) AFFIRMATIVE VOTE, SETTING FORTH A NEW RESOLUTION, Francis Suarez DUE TO THE SUNSETTING OF RESOLUTION NO. 15-0116, ADOPTED MARCH 12, 2015, EXTENDING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE, TO CONTINUE THE REVIEW OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CONTINUE TO RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, WAIVER OF CONFLICT OF INTEREST, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01347 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0465 Chair Gort: Any other items? Barnaby Min (Deputy City Attorney): I believe there's one resolution that remains, and it requires a four -fifths vote, and I would urge the Commission to consider it, because it gives the Charter Review Committee -- Commissioner Suarez: Yeah, I'll be very brief,- just basically, if we -- I'll move the extension of the Charter Review. We are getting very, very close to the end. We have three or four major sections, but we've handled just about everything else, but the committee needs a little bit more time, so I'll move it. Chair Gort: There's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: I'll defer my discussion item. Chair Gort: That's it. END OF RESOLUTIONS ATTORNEY -CLIENT SESSION 2:00 P.M. City of Miami Page 76 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 AC.1 15-01212 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) [2014], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLI ENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE MIAMI-DADE COUNTY, CITY OF SOUTH MIAMI, VILLAGE OF PINECREST, AND CITY OF MIAMI V. FPL AND STATE OF FLORIDA SITING BOARD, CASE NO. 3D14-1467, PENDING BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. FPL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, CASE NO. 15-747, PENDING BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, PENDING BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 150009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, VICE-CHAIRMAN KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, MATTHEW HABER AND RUTH HOLMES. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-01212 Memo - Office of the City Attorney.pdf 15-01212 Notice to the Public.pdf DISCUSSED Barnaby Min (Deputy City Attorney): (INAUDIBLE) Miami -Dade County, City of South Miami, Village of Pinecrest and the City of Miami versus Florida Power & Light Company and State of Florida Siting Board, Case Number 3D14-1467, pending before the Third District Court of Appeal; City of Miami versus Florida Power & Light Company and Department of City of Miami Page 77 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 BU.1 15-01231 Office of Management and Budget Environmental Protection, Case Number 15-747, pending before the Division of Administrative Hearings; in the matter of Florida Power & Light Company Turkey Point, Units 6 and 7, Docket Numbers 52-040 and 52-041, pending before the U.S. Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket Number 150009, pending before the Florida Public Service Commission. The City Commission approved the City Attorney's request and will now, at approximately 4 p.m., commence a private attorney -client session under the parameters of Florida Statute Section 286.011(8). The private attorney -client session will conclude at approximately 5 p.m. At which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include Chairman Wifredo Willy'Gort; Commissioners Keon Hardemon, Marc David Sarnoff, Frank Carollo, Francis Suarez; the City Manager, Daniel J. Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys, John Greco and Barnaby Min; Assistant City Attorneys Kerri McNulty, Matthew Haber and Ruth Holmes. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation, and the session will take place in the Mayor's conference room. Thank you. Chair Gort: Thank you, sir. END OF ATTORNEY -CLIENT SESSION BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) 15-01231 Summary Form.pdf DISCUSSED Chair Gort: Yes, sir. Christopher Rose (Director): Good afternoon. I'll do the monthly budget report, BU.1. Commissioners, Chris Rose, Office of Management & Budget. The last step of the closure of last year's fiscal books will be complete tomorrow. Staff from the Office of Management & Budget and the Finance Department are monitoring these closures daily and hourly right now. We're still projecting a surplus of 35.3 million between the general fund and the internal service fund;; same number we had back in August. Recall that we spent 27.6 of that in the budget process as rollover into the New Year. There are three departments that we're expecting to exceed their budgetary appropriations. They are Police, Fire, and Capital Improvements. Andl will take any questions you may have. Chair Gort: Police, Fire, and what's the other one? Mr. Rose: Capital Improvements. Chair Gort: Capital Improvements. Mr. Rose: That one is mainly due to the red-light camera revenue, paying the vendor. City of Miami Page 78 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 DI.1 15-00787 City Commission Chair Gort: Okay. Is there any questions? Thank you. Mr. Rose: Thank you, Commissioners. Chair Gort: Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, there was another discussion item, but it was brought by Commissioner Suarez, and he's not here, so I'm not sure if -- I guess we'll move on to Chair Gort: By the way, Commissioner Suarez and Commissioner Sarnoff at the MPO (Metropolitan Planning Organization) meeting. That's why they're not here at this time. (UNINTELLIGIBLE) enough people (UNINTELLIGIBLE) so we're going to postpone that. And we were going to wait for them; that it was going to be too late, and we have certain times -- time certain. Commissioner Carollo: Okay. Chair Gort: We have a couple of discussion items. I don't know if you have any questions, the presentation. Commissioner Carollo: No, not at the present time. Chair Gort: Okay. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00787-Submittal-City Manager -Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Gort: All right, let's go to DI. 1. Rodolfo Llanes (Chief of Police): Good afternoon, gentlemen. Chair Gort: Good afternoon. Chief Llanes: It pleases me to report to you today on Marc Sarnoff Day that 13 officers have been hired since the last Commission meeting; that gives us a net of 69 new officers for the year. We have seven police officers awaiting -- candidates awaiting medical clearance. We have current to date 105 vacancies based on the raising of the table of organization at the last budget. Most importantly -- and I think I'd like to highlight -- in the last month, we've hired all our vacancies for public service aides. They will be going into the academy on November 1, and we'll have in 90 days, 22 public service aides to assist our officers on our daily calls. I think that will be a huge improvement in service for our residents. Chair Gort: Thank you, sir. Any questions? What else? Chief Llanes: Oh, and just to put on the record, on November 9 we'll start our recruiting drive for police officers again to open up a new list. We are about to exhaust our list for 2014-15. So City of Miami Page 79 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 November 9, we'll kick off new recruiting. Chair Gort: So it'll be a new list? ChiefLlanes: Yes, sir. Chair Gort: Okay, thanks. DI.2 DISCUSSION ITEM 15-01005 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR THE QUARTER ENDING JUNE 30, 2015. 15-01005 Summary Form.pdf 15-01005 Memo - Unreimbursed Grant Expenditures.pdf 15-01005 Back -Up from Law Dept.pdf DISCUSSED Barnaby Min (Deputy City Attorney): I believe Mr. Fernandez can report on D12, if you'd like? Jose Fernandez (Director): Good afternoon, Commissioners. Pursuant to the financial -- Jose Fernandez, for the Department of Finance. Pursuant to the financial integrity principles, the Finance Department needs to make an assessment of non -reimbursable grant expenditures on a quarterly basis: For the quarter ended June 30, 2015, there were none, so I'm happy to report that there were none. I don't know if there's any questions? Chair Gort: Thank you. Mr. Fernandez: Thank you. DI.3 DISCUSSION ITEM 15-01170 District4- DISCUSSION REGARDING .MIAMI RECEIVING 8000 REGISTRATIONS IN Commissioner FIRST WEEK OF OPENING. Francis Suarez 15-01170 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: What's your discussion item? Commissioner Suarez: My discussion item is on -- well, I have a couple -- but one on -- I just wanted to sort of recap for the Commission, and I think, Commissioner Sarnoff, I'd like for him to see this as it's sort of launched and is going -- Dot Miami, which was one of the discussion items, has surged past 9,000 domain name registrations in a very short period of time since it launched, and it has generated an income of over $200, 000, and 110 of which is coming to the City. So I think, you know, that idea that I was passionate about in trying to make the City collaborative, and trying to find other sources of revenue and funding has turned out well. It was a great deal for us. We put up none of the risk, none of the money, and we're getting 50 percent of the profits, so I just want to commend the staff, I want to commend my colleagues for believing in me and that idea; like we believed in you for the movie studio, and that turned out pretty well, but thank you, thank you all; appreciate it. Chair Gort: Very good City of Miami Page 80 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: I think we got it, Kevin. Thank you. Chair Gort: What else? 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 that Commissioners have been briefed by City staff and the City Attorney on the items on today's agenda. The members of City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application request to the City Commission. If the applicant agrees with the staff recommendation and no one from the public wishes to speak for or against the item, 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 Zoning Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to 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 a continuance, the item may be continued by the City Commission upon its discretion. Thank you. Nicole N. Ewan (Assistant City Clerk): Good afternoon, ladies and gentlemen. Anyone speaking on today's Planning & Zoning items, ifI can 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. Ms. Ewan: Thank you. Chair Gort: At this time, we have to wait for one more Commissioner before we can start. We need a quorum. (INAUDIBLE) text amendment to Miami 21 at 6 0' clock; Comprehensive Plan change of Miami River Residential Density Increase Area, 5 0' clock; Miami River SAP (Special Area Plan), 5 0' clock; and Development Agreement Miami River SAP, 5 0' clock. PZ.1 ORDINANCE First Reading 15-00975zc 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 T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN City of Miami Page 81 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 EXHIBIT "PC, ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00975zc FR Fact Sheet 15-00975zcAnalysis, Maps & PZAB Reso.pdf 15-00975zc Application & Supporting Docs.pdf 15-00975zc Legislation (v2).pdf 15-00975zc Exhibit.pdf LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2. PURPOSE: This will allow a zoning classification change for the above properties from T6-12-L to T6-12-0. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PZ. 1 was continued to the November 19, 2015, Planning and Zoning Commission Meeting. Chair Gort: What's next, Francisco? Francisco Garcia (Director, Planning & Zoning): Yes, sir. The next item is PZ1. Item PZ1 is a proposal for the rezoning of a parcel of land at 3701 and 3737 Biscayne Boulevard. Commissioner Sarnoff. What item? Mr. Garcia: PZ. 1, sir. The proposed rezoning of this parcel is from the present designation, which is T6-12-L, to the proposed designation, which is T6-12-0. The Planning & Zoning Department recommends approval, as did the Planning, Zoning & Appeals Board, by a vote of 7-2 on September 2. I'm happy to answer any questions you may have. Commissioner Sarnoff. Mr. Garcia, I let the folks on Biscayne Boulevard who are interested in this know that all I would allow would be a presentation, and it would not be a first reading. So I know Ms. Tapanes is the one that's kind of doing it. She's probably feeling a little bit relieved. She can be a little further relieved. Just -- if you would just put something on the record to show what it is that you're proposing. Some people think it's inappropriate for us to even show what's being proposed. I can think of no better methodology than a public hearing to let people see what the proposal is; hear what the covenants would be without even moving forward with it, so I'd like to just do that with my fellow Commissioners' approval. Chair Gort: Yes, ma'am. Melissa Tapanes Llahues: Yes. For the record, Melissa Tapanes Llahues, law firm of Bercow, City of Miami Page 82 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Radell and Fernandez; 200 South Biscayne Boulevard, Miami. I will go through my presentation, but a little quicker. I do have my clients here, and I'm -- so it's Antony Conto Mikolos (phonetic), as well as Vienna Margalis (phonetic). They're the managers of McArthur Properties, and they're here from New York City, and they did want to come and meet you all, so thank you for joining us. We're here representing the property that is located between the Julia Tuttle Expressway and Northeast 38th Street on Biscayne Boulevard. The property is approximately .8 acres in size and it is four parcels of land that you see in red before you. We're requesting a rezoning of the property from T6-12-L to T6-12-0. I should tell you that the purpose of the process is to go ahead and redevelop what's before you now -- it's the former Art by God property -- and a surface parking lot, and that's the purpose of this application. So these are the existing conditions; I'll take you through these slides. This is what we're proposing to do: It's basically two stories of retail with structured parking. You can see it's a habitable liner, attractive in size. The purpose of this rezoning application is simply to go from T6-12 limited to T6-12 open. As you all know, the T6-L is limited, because it provides for this 25 percent limitation that I'll get into in a moment. Right here is what you see, the T6-12-L limitation. All it does is basically provide that it must be 25 percent commercial and 75 percent other uses. Because we're proposing to do two stories of commercial, we would have to build an eight -story building in order to comply with the intent of Miami 21. After consultation with the City of Miami, they have proposed and recommended that we proceed with this process. So you can see what's before us is an attractive building, low scale. What we're really asking for is the more -- less intense than the minimum that would be permitted by Code, and that's basically what the purpose of this rezoning is all about. These are the proposed plans that we have, conceptual in nature. We have gone ahead and met with many neighbors. They have not yet seen these plans, because, again, the application for rezoning is benign in nature. We have proffered a covenant, as well, that basically limits the commercial use, and proffers to meet with them at the time of waiver, where before they receive the notice from the City of Miami, they will go ahead and meet with us, so that they can review the plans and state whatever issues that they may have, and we could address them at that time. Again, we've done numerous outreach to Magnolia Park and Bay Point. We met with their board of directors. We were not aware that there were any legitimate concerns on this matter, so we'll continue those outreach efforts, but we do understand that there are some folks from the community, and we want to make ourselves available to them to answer any of these questions. Since -- although the application is very benign, it's still a little technical in nature, so perhaps we need to do a little bit more outreach, which we have no issues doing. Chair Gort: Thank you. Commissioner Sarnoff And just so I understand what you said, Ms. Tapanes, because I don't get the sophistry of your wording, when you indicated that you would be doing a covenant, would the covenant, to an average person, indicated that that would be substantially the building you would build with that retail use? Ms. Tapanes Llahues: Right. Today, the covenant does not provide that language. What we're doing is, because we don't have plans approved by the City of Miami -- we're simply not in that stage yet -- and because of the benign nature of the application, the City wasn't requiring that of us. What we did was we've proffered a covenant that basically limits the commercial use. Since we're going from "limited" to "open, " the concern would be that we would build a 20-story office tower, or a 20-story retail tower, so we've limited it in the covenant to a maximum of five stories of commercial office uses; which, that would mean that we're allowed to build the two stories of commercial, plus the associated parking to address the needs of the office building. Commissioner Sarnoff Let me ask on behalf of the community, if your covenant is for five stories, why would you show us a two-story building? Ms. Tapanes Llahues: It's a two-story building, but there is an additional three levels of City of Miami Page 83 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 structured parking, so for purposes of if it's parking consistent with the -- just for the uses, those commercial uses -- then it would be considered a five -story building, so that's why it's limited in nature, and that is also -- thinking about it -- 25 percent of what is allowed by right -- the 20 stories is also five stories, so that's what -- why I included it; and again, that's the draft. We're willing to work on that draft, obviously. It wasn't asked by the City of Miami; it was something that just -- proffered so the residents knew that, obviously, somebody would enforce it, and they could keep us to our word in case of any change of ownership. Commissioner Sarnoff. Thank you. Mr. Chair, I would move to continue this to the November 19 meeting. Move to continue this to the November 19 meeting. Chair Gort: November 19? Mr. Garcia: Point -- brief point of clarification, sir, and I know that this is a statement that I may have misconstrued, but I do want to make it clear on the record. The City of Miami Planning & Zoning Department is certainly not in the habit of requesting covenants when rezoning applications are fled; that is, I think what was being conveyed to this Board is that the City of Miami Planning & Zoning Department, in reviewing this application, did find it benign, and was willing to and continues to be willing to support it without conditions; that said, in further meetings with the stakeholders in the area, there were concerns raised, which I think are being addressed by the covenant proffered by the applicant. The covenant is being proffered; it was not requested. Ms. Tapanes Llahues: Thank you. Chair Gort: Okay. There's a motion. Would you repeat your motion. Commissioner Sarnoff. It's a motion for continuance to have this put on the November 19 meeting. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Tapanes Llahues: Thank you. Chair Gort: Thank you. PZ.2 ORDINANCE 14-01076zt1 Second Reading 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. City of Miami Page 84 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 14-01076zt1 SR Fact Sheet.pdf 14-01076zt1 PZAB Reso & Supporting Docs.pdf 14-01076zt1 Legislation (v3).pdf 14-01076zt1 ExhibitA.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 Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon 13565 Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. My item is PZ.3 [sic]. It's the transit -oriented development parking reduction from 30 to 50 percent, with a payment into the Transportation Trust Fund for Parking, and a parking waiver for small building lots. This is something that we've worked on for many, many months; it has broad support in the community; it's a new way of thinking; and it's in line with some of the decisions that we took earlier today, to make Miami forwardthinking, to make Miami more transit -oriented, and transit friendly. And I'd like to thank the Commission for its support on first reading. I'd like to thank the Planning & Zoning Board for its 6-1 support; and I'd like to thank, really, Francisco, for adopting it, and championing it, and articulating it far better than I I know that there's a lot of community support for this. The blue shirts and blue buttons, can everyone stand up? I think everyone's sort of in, and out, and around, but there's several dozen people here. I don't know if you want to hear from all of them. Chair Gort: How about the red shirts? Are there any red shirts? Commissioner Suarez: I don't know who the red shirts are. Chair Gort: People in opposition. Commissioner Suarez: I don't think there's anybody here in opposition. Is there anybody in opposition? Ms. Ewan: This is PZ.3, correct? Commissioner Suarez: Yes. City of Miami Page 85 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Ewan: I have no one signed up for PZ.3. Chair Gort: Right, okay. Barnaby Min (Deputy City Attorney): Is it PZ 3 or PZ --? Ms. Ewan: PZ.2. Excuse me. Commissioner Suarez: My apologies; PZ.2. Ms. Ewan: PZ.2. Commissioner Suarez: Right. Ms. Ewan: There are no one signed up for PZ.2. Commissioner Suarez: Right. Chair Gort: Right, okay. Commissioner Suarez: Okay. So -- Chair Gort: I'm one of the ones that the -- passed it on first reading and told them I really wanted to look more into it. I look at the maps and what I'm scared of is how it's going to affect the residential areas within my district and a lot of the district in City of Miami. As I stated before, I'm all for public transportation. I think we should get people to use public transportation, and I hope you use the trolleys -- Commissioner Suarez: Yes. Chair Gort: -- argument today at the MPO (Metropolitan Planning Organization), because if we can coordinate all that, we can get a feeding system into us as -- yes, sir. Commissioner Suarez: Absolutely. And just so you know, Mr. Chair, there's a -- Chair Gort: I looked at the map, and within my district, it does not really affect any of my residential area, so I didn't have any problem with it. Commissioner Suarez: Thank you. I move it for approval. Chair Gort: Been moved. Commissioner Sarnoff Second. Chair Gort: Second. Any discussion? Commissioner Suarez: It's an ordinance. Commissioner Sarnoff It's a tough issue, but take a leap of faith. Chair Gort: Okeydoke. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 86 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Ewan: And for the record, since no one was signed up, the public hearing was opened and closed. Your roll call on item PZ.2. A roll call was taken, the result of which is stated above. Ms. Ewan: PZ.2 is -- Commissioner Suarez: Mr. Chair, may I have a point of -- Ms. Ewan: -- adopted on second reading, 3-0. Commissioner Suarez: -- privilege? Chair Gort: Yes, sir. Commissioner Suarez: I just want to thank everyone who is here. I want to thank Andrew, in particular, and all the members of the business community. There's small business owners, historic business owners, small developers, homeowners, and this has really truly been a collaborative process; it's been talked about in many, many community meetings. And I want to also thank you, Mr. Chair, for being flexible, for looking at the issue, and I very much appreciate it. Thank you. Chair Gort: Yes, sir. Applause. Chair Gort: We interrupt the meeting by doing that, and we got a long agenda here. PZ.3 ORDINANCE 15-00924zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOTAREAAND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00924zt SR Fact Sheet.pdf 15-00924ztAnalysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1. PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations. City of Miami Page 87 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Chair Gort: At this time, Francisco. Commissioner Carollo: Go ahead. Chair Gort: No, I'm waiting for Francisco. People have been sworn in and everything. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Chair Gort: There's -- we only have three of us, so it's better to bring the items that we don't think could be too much discussion on. Mr. Garcia: Yes, sir. I'm happy to, if you'd like, begin with item PZ.2, which is a citywide item, as opposed to a specific district item. Item PZ.2 is a text amendment to Miami 21 Zoning Ordinance. On second thought, Mr. Chairman, PZ.2 is an item that I think is -- Chair Gort: This is 6 o'clock time certain. Mr. Garcia: -- near -- I'm sorry? Chair Gort: Six o' clock time certain. Mr. Garcia: That is correct, so I'll move on to PZ.3; my apologies. Item PZ.3 is the first reading of an amendment to Miami 21, the Zoning Ordinance, and I'll explain briefly and certainly answer any questions that anyone may have. What this item seeks to do is to provide what we feel are the properly calibrated lot areas and frontage dimensions to properties throughout the City. That's basically all it does. And it does so so as to provide the proper size of a lot so that that particular property can be developed pursuant to the regulations already set forth in the Zoning designations. That's sort of a very brief presentation of the item. It's first reading. If there are any questions, I'm happy to answer them. Chair Gort: I'd like for you to go through the process and explain the different changes that are taking place on this, because we allocated and changed some of the setback in front of the building and the side of the building and the back of the building, so if we could go over a little bit, I'd appreciate it. I think people want to see that. Mr. Garcia: Yes, certainly. I'll cover it in a little more detail, and basically, I will say this: We understand that the platting pattern for the City of Miami is basically made up of 5,000 square foot lots, and the typical frontage is 50 feet. Now, although that is, we feel, a very appropriate size for the T3-zoned areas in the City of Miami -- and that, by the way, T3 zoning happens to be the zoning of approximately 75 percent of the City's land mass, so that does very well with a 5, 000-square foot lot pattern. What doesn't do very well with a 5, 000-square foot lot pattern is any of the higher zoning designations, and the reason is, especially to give you the extreme example, by the time you get to T6-80 in downtown where you can have by right an 80-story building, clearly an 80-story building in a 5, 000-square foot lot doesn't fit very well. That's an understatement. And so, what we thought we would do to make the zoning ordinance more predictable, more transparent, in a sense, is to adjust the standard lot size in any given area to that which the zoning designation would require for proper development. In that way, in downtown you might expect easily a 40,000 square foot lot to receive the 80-story tower that goes there by right. And if the parcel is smaller than that -- so 20,000, 10,000 square feet -- then there is an implicit difficulty that developer is going to have in reaching some reasonable use of that land. For that purpose, that developer then -- that property owner would be entitled to at City of Miami Page 88 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 least apply for a variance, some special consideration to seek some flexibility from the strict application of the rules of the ordinance. In order to obtain or apply for that variance, they would need a hardship argument, and the hardship argument has to be based on a substandard condition, which is this, what's going to provide it. So, it makes sense -- it helps us administer the variance regime more efficiently, more transparently; and we think, in the end, it provides for a clearer set of zoning registrations. Chair Gort: Thankyou, sir. Is there any questions? Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, we close the public hearings. The Ordinance was read by title into the public record by the City Attorney. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.3. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ 3 passes on first reading, 3-0. Chair Gort: Thankyou. PZ.4 ORDINANCE 15-00672Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES", AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-006721u SR Fact Sheet.pdf 15-00672Iu Analysis, Maps & PZAB Reso.pdf 15-006721u Legislation (v2).pdf 15-006721u Exhibit.pdf LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami City of Miami Page 89 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs: 15-00672zc and 15-006721u1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Please see items PZ 5, PZ.6 and PZ.7 for minutes pertaining to item PZ.4. Chair Gort: What's next, Francisco? Francisco Garcia (Director, Planning & Zoning): The next items on the agenda, sir, are items PZ.4 through PZ.7, which travel together as companion items. Items PZ.4 and PZ.5 are truly companion items. They are respectively the land use and zoning change proposal for a parcel known as Tract "D, " located at Watson Island, and these are the present-day sites of the seaplane base and the heliport on Watson Island. The proposal is to change the land use designation from "Public Parks & Recreation" to `Major Institutional Public Facilities, Transportation & Utilities." And as pertains to the zoning, the request is to change the zoning designation from CS, which stands for "Civic Space," which is the present zoning designation, to CI, which is "Civic Institutional. " This request was recommended for approval by your Planning & Zoning Department, as well as by the Planning, Zoning & Appeals Board. I'm happy to answer any questions you may have. Chair Gort: Thank you. Mr. Fernandez, you're recognized. Ben Fernandez: Thank you, Mr. Chair, Commissioners; here on behalf of Nautilus -- Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Nautilus Enterprises, the operator -- proposed operator for this Chalk Seaplane base. I would just like to say for the record I encourage you to adopt this amendment. The City of Miami Beach has raised several issues at the Planning, Zoning & Appeals Board, and one thing that I would like to say with respect to their allegations is that we do not believe that they are an affected party that has standing to raise any of these issues. The changes that are before you today do not constitute a development order; they're land use amendments, and a complementary zoning change that you will hear that do not result in any development of land, and the reason for that is that the CI transect that the property is being rezoned to does not allow anything, any use at all by right. Everything has to go through a conditional permit and exception process, so all of their arguments are not right, and for those reasons, we believe that they -- you should not listen to them and should approve these changes. Thank you. Chair Gort: Thank you. It's a public hearing. Is anyone in the public; anyone else? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." City of Miami Page 90 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Barnaby Min (Deputy City Attorney): No, it's an ordinance. Ms. Ewan: Mr. Chair, it's an ordinance. Chair Gort: Oh, an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Ms. Ewan: Roll call on item PZ.4. Commissioner Hardemon, would you like to be included in the roll call? Vice Chair Hardemon: Yes. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.4 passes on first reading, 4-0. PZ.5 ORDINANCE 15-00672zc 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 OF 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "CS" CIVIC SPACE TO "Cl" CIVIC INSTITUTIONAL, AS DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc SR Fact Sheet.pdf 15-00672zc Analysis, Maps & PZAB Reso.pdf 15-00672zc Legislation (v2).pdf 15-00672zc Exhibit.pdf LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - 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: 15-006721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the zoning classification for the above property from "CS" Civic Space to "Cl" Civic Institutional. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Please see items PZ.4, PZ 6 and PZ.7 for minutes pertaining to iteni PZ.5. City of Miami Page 91 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: PZ.5. We had a public hearing for all three [sic] of them. Barnaby Min (Deputy City Attorney): Is there a motion? Commissioner Sarnoff. So move. Commissioner Suarez: So moved Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Sarnoff Is that the best you have? Nicole N. Ewan (Assistant City Clerk): Vice Chair Hardemon? Vice Chair Hardemon: For. Ms. Ewan: This is your roll call on item PZ.5. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.5 passes on first reading, 4-0. PZ.6 ORDINANCE First Reading 15-006721u 1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY ASSIGNING THE FUTURE LAND USE DESIGNATION OF "PUBLIC PARKS AND RECREATION" TO A NON -DESIGNATED ACREAGE OF REAL PROPERTIES OF APPROXIMATELY 8.69 ACRES LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY MIAMI, FLORIDA, 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. 15-006721u1 SR Fact Sheet.pdf 15-006721u1 Analysis, Maps & PZAB Reso.pdf 15-006721u1 Legislation (v2).pdf 15-006721u1 Exhibit.pdf LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs: 15-00672zc1 and 15-006721u. City of Miami Page 92 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the land use designation of "Public Parks and Recreation" to the above property. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Please see items PZ 4, PZ 5 and PZ.7 for minutes pertaining to item PZ.6. Chair Gort: PZ 6. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.6 and PZ. 7 are also companion items. These are for the zoning -- and I say "zoning" and not "rezoning," because these lands are presently un-zoned -- so this is for the zoning of a portion of land, a parcel of land fronting Rickenbacker Causeway, on the north of Rickenbacker Causeway, which is presently, once again, not zoned, and we are proposing that the land use be changed to "Public Parks & Recreation, " and the zoning designation be placed as "Civic Space. " This proposal was recommended for approval by the Planning, Zoning & Appeals Board on June 3, by a vote of 9-2. Thank you. Chair Gort: Thank you. Commissioner Sarnoff So move. Chair Gort: Been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Public hearing. Is anyone in the public like to address this one issue? Seeing none, hearing none, I'm going to close the public hearings. The Ordinance was read by title into the public record by Commissioner Sarnoff. Chair Gort: Very Good. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.6. Commissioner Suarez. Commissioner Suarez: Yes. Ms. Ewan: Vice Chair Hardemon. Vice Chair Hardemon: I couldn't understand him, he spoke so fast. Can you clam that? For. Ms. Ewan: Commissioner Carollo. Commissioner Carollo: Yes. Nicole N. Ewan (Assistant City Clerk): Commissioner Sarnoff. Commissioner Sarnoff Yes. Ms. Ewan: Chair Gort. City of Miami Page 93 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Yes. Ms. Ewan: Item PZ.6 passes on first reading, 5-0. PZ.7 ORDINANCE 15-00672zc1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY ASSIGNING A CS "CIVIC SPACE" ZONING CLASSIFICATION TO A NON -DESIGNATED AREAAPPROXIMATELY LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBITA", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc1 SR Fact Sheet.pdf 15-00672zc1 Analysis, Maps & PZAB Reso.pdf 15-00672zc1 Legislation (v2).pdf 15-00672zc1 Exhibit.pdf LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File IDs: 15-006721u1 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the zoning classification of "CS" Civic Space to the above property. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Please see items PZ. 4, PZ. 5 and PZ.6 for minutes pertaining to item PZ.7. Chair Gort: PZ 7. Barnaby Min (Deputy City Attorney): Is there a motion? Commissioner Sarnoff. So move. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner -- Commissioner Carollo: Second. Chair Gort: -- Carollo. City of Miami Page 94 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 PZ.8 15-00795ha The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Nicole N. Ewan (Assistant City Clerk): And for the record, the public hearing was opened on item PZ.6 and 7. Your roll call on item PZ.7. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ. 7 passes on first reading, 5-0. Commissioner Sarnoff. I think 1 took the Min. Vice Chair Hardemon: Madam Assistant City Clerk, PZ.1 was -- I'm sorry, I'm looking at -- I don't have these notes on them. PZ.1, what was the action on that item? Ms. Ewan: That was continued to November 19. Vice Chair Hardemon: And PZ2? Ms. Ewan: PZ2 was adopted. Vice Chair Hardemon: And PZ8 was continued, as well, or was that passed? I stepped out on that one, PZ8, PZ8. Ms. Ewan: PZ8 was continued. Vice Chair Hardemon: And PZ.9 was heard, and now, we have PZ.10? Ms. Ewan: That is correct; we have 10, and we do have 11, and we also have RE.8 on the agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL, BY LORETO DOUCET, OF TREE REMOVAL PERMIT APPLICATION BD15-006663-001 AT 3985 LOQUAT AVENUE, MIAMI, FLORIDA. 15-00795ha Fact Sheet.pdf 15-00795ha Analysis & HEPB Reso.pdf 15-00795ha Appeal to City Commission.pdf 15-00795ha Appeal to HEPB.pdf 15-00795ha Application.pdf 15-00795ha Legislation (v2).pdf 15-00795ha Legislation (v3).pdf LOCATION: Approximately 3985 LoquatAvenue [Commissioner Ken Russell - District 2] APPLICANT(S): Habitus, LLC. APPELLANT(S) TO HEPB: Loreto Doucet City of Miami Page 95 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 APPELLANT(S) TO CITY COMMISSION: Santiago D. Echemendia, on behalf of Habitus, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of appeal. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal on July 7, 2015, by a vote of 6-0. PURPOSE: The appeal seeks to reverse the decision of the Historic and Environmental Preservation Board's decision. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PZ. 8 was continued to the November 19, 2015, Planning and Zoning Commission Meeting. Chair Gort: Time certain, PZ.12, 13, and 14, 5 o'clock. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I think we're still preparing some of the documents, I think, Madam City Attorney? Victoria Mendez (City Attorney): Yes. I'm still working on a few matters, Commissioner; if you'll give me -- if you can hear one more item. Commissioner Suarez: I have one at 6, but it's five minutes from 6, so. Chair Gort: You want to hear the presentation? Melissa Tapanes Llahues: We have a lot of folks -- Commissioner Carollo: I think what Commissioner Gort is saying, do the 6 one, and then well go after. Ms. Tapanes: Okay. We have a lot of folks who are here to support the item, so I just wanted you to see them in the event that they're not able to stay. Thank you. Commissioner Suarez: You're not ready, right? Alexander Tachmes: Excuse me, Mr. Chairman. Chair Gort: Yes. Mr. Tachmes: We've got a continuance request on PZ.8, if you can indulge us. I know this will be probably a long item, and our continuance request will probably be rather short. City of Miami Page 96 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: You want to ask for a continuance for your -- Mr. Tachmes: We have a continuance request for PZ.8, and just asking a continuance of that item. Chair Gort: They're asking for a continuance ofPZ.8. Do I have a motion? Commissioner Suarez: So moved. Commissioner Sarnoff Second. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Sarnoff. Francisco Garcia (Director, Planning & Zoning): Please note that there is apparent opposition to that request, and so -- should you care to hear it. Chair Gort: I understand. This is a public hearing, so people can speak on behalf of the request. Mr. Tachmes: Thank you, Mr. Chairman. I'll be brief I know you have a long agenda. We represent -- Alex Tachmes with Shutts & Bowen. We represent the property owner of a home on Loquat Avenue, and the subject is whether or not two 100 year -old Fichus trees on the property should be torn down. We're in discussions with staff now. We have submitted two signed and sealed engineering reports -- one from Kimley-Horn, which is one of your engineers, as well on other projects -- indicating there's no imminent risk of falling. The only issue now is whether the tree is sick, and in order to determine that, it requires a Level 3 risk analysis, which takes about two to three weeks to do. We're ready to have our arbors [sic] do that, and we're simply asking for that time frame, and I understand staff has no objection. Chair Gort: Okay, thank you. Yes, sir. Sorry, you have to speak in the mike, sir. Jim Kozowski: My name is Jim Kozowski. My wife and I live at 3981 Loquat Avenue, next to the house that has the bad trees. Chair Gort: Right. Mr. Kozowski: And so I'd like to know what you're attempting to do here. Commissioner Sarnoff He is -- Mr. Kozowski, he is asking and saying staff does not object to a continuance, because he said a Level 3 analysis for the tree needs to be performed, and I think he said that's a two- to three-week analysis to find out the health or lack thereof of the tree. Mr. Kozowski: Well, Commissioners, you need to understand that these trees are dangerous, and they were declared dangerous by your staff. They were declared dangerous by your arborist. Last week, we had storms that had 36-mile-an-hour winds. Now, you just asked somebody if you'd let somebody stay in their house at 74-mile-an-hour winds. Would you let your children -- whom I've met, incidentally -- stay in my house with damage to the roots that look like this? (UNINTELLIGIBLE). Barnaby Min (Deputy City Attorney): Sir, you have to speak into the microphone, please. City of Miami Page 97 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Kozowski: I'll go back to the mike. Nicole N. Ewan (Assistant City Clerk): Sir, we also need a copy for the record. Mr. Min: Excuse me, sir. Mr. Kozowski: I'm sorry? Unidentified Speaker: A copy for the record. Mr. Kozowski: Sure. Okay, those pictures show the damage that was done to the roots when they excavated the septic system for the property. If you'll notice, the first picture shows a 977-square-foot septic system that's built within five feet of the property line. These trees sit on the property line between their property and our property, and so you can imagine that the roots that have been destroyed on this -- on these trees are within two feet of the trunk of the trees. These trees stand 60 feet tall. In addition to the fact that they destroyed the roots, if you'll notice on the second -- or I should say the third picture -- they destroyed all the canopy on their side of the fence, which leaves no roots on their side of the fence, and all the canopy on my side of the fence. This tree, again, is 60 feet tall; it weighs tons, tons. If any of those -- either of those trees fall on our house during a windstorm that happens in the next three weeks, our house will be destroyed. I'm not sure that we can give them the time to continue to make study after study about what they're going to do with these trees. The -- your arborist report -- I'm quoting from a report that says -- it's dated June 3, written by your arborist, John LePage that says, "Over 50 percent of the root structure of these trees has been destroyed." I don't know how you get that back. They also said that because of the septic system that they've installed next to these trees, they'll never have a chance to grow back, because the root barrier system is only temporary, and it won't ever remediate -- or I should say eliminate -- the roots from penetrating the septic system; in addition to that, it's going to grow into the septic system, and they'll have to be removed again at some future point in time. These trees are a disaster waiting to happen, and, you know, it's just incredible that they submitted plans to build a house that didn't have a septic system on it, but had trees on it, and then they submitted a septic tank plan that had the house, but no trees, and it's signed by the same architect within 12 days. I just don't understand how that got approved, and so what I'm asking for is to not give them more time to mess around with these trees and come up with more reports. I want you to take action and deny their appeal. Chair Gort: Okay, thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Mr. Tachmes, have you done anything to engineering -- in an engineering way support these trees, such that the weight, which appears to be going towards Mr. Kozowski's house, has been bolstered? Mr. Tachmes: Yes, Commissioner. We -- Commissioner Sarnoff Can you explain on the record what you've done? Mr. Tachmes: Sure. We hired an arborist, who's actually here, and can test ff, if need be, and he's installed a bracing and cabling system, which basically anchors the tree to our part of the property, and pulls it away from the neighbor's property. We also wanted to go on the neighbor's property to try and anchor it on that side. He would not give us permission to do that, but we did on our side anchor the tree, and as a result of that anchoring, cabling, and bracing, that's what led the engineers to indicate that the tree is not in imminent danger of falling, and we now need City of Miami Page 98 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 to take that next step to see whether it's diseased or not. And I respect the comments of our neighbor, but he's not an arborist or an engineer, and neither am I, and we're relying on engineering reports; again, one of which is Kimley-Horn; everyone knows is a super -respected engineer. They're telling us it's not in imminent danger of falling. No invasive testing has been done to determine if the tree is sick. Both staff and us, we agree we need to do an invasive test, which will take roughly two to three weeks, and then we'd be back. And I just want to make a last point. I don't think we should make a precedent of knocking down hundred -year -old trees in Coconut Grove, which is basically key to the unique character of that area, unless there's clear evidence that supports that. Commissioner Sarnoff Yeah, but equally, Mr. Tachmes, I don't think we should be taking 50 percent of a root structure away when the heaviest part of the tree remains facing the neighbor, so, you know, it's not like your client is coming in here with clean hands. Mr. Tachnes: And, Commissioner, you're right. We had -- our contractor was doing work to the septic tank. Without our knowledge, they pruned the roots, which we did not know about, and that's what led to this problem. Commissioner Sarnoff Well, let me ask you this question: Do you have a written report from Kimberly [sicJ-Horn that suggests in any way, shape, or form that this is a structurally sound tree that could withstand up to a 100-mile-per-hour wind? Mr. Tachmes: No. The tree says [sic] there's not imminent danger of falling. The other engineering report we have does indicate that it is a tree that is structurally sound. Commissioner Sarnoff The other what report? Mr. Tachmes: We have two engineering reports. Commissioner Sarnoff Just give me the engineer, and could you just put the report in evidence? Mr. Tachmes: The report -- well, we turned it in. We filed it with the City earlier, but I guess -- Commissioner Sarnoff Just want to make sure it's part of the record. Mr. Min: Commissioner, ifI could just clam, we're also, I believe, only addressing whether the matter is going to be continued, and not the actual merits. Chair Gort: Yeah. Commissioner Sarnoff Oh, I understand, but you also have a citizen up here who's telling you that in the event of a wind, he's concerned that the tree will fall on his property, so I just want to hear that there is some engineer with a license in the State of Florida that's saying this tree is structurally sound, and here's what I'm reading from. It says -- from C.B. Engineering, Inc. -- "The subject trees are not presenting any imminent risk of falling and do not pose a life safety hazard" So -- and he has an engineer's stamp. Now, let me ask you a question. Mr. Tachmes: And if you keep reading, Commissioner, he also indicates that the tree is stabilized, essentially similar to other trees in the immediate area. Commissioner Sarnoff I'm looking at -- you know, I -- like most lawyers, I go to your highlighted sections. You highlighted that, so I went to that. I'm not going to try to examine this throughout, but let me ask you a question. Supposing your engineer is wrong. Is there any kind of insurance that protects Mr. Kozowski? City of Miami Page 99 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Tachmes: Commissioner, we don't have insurance at this point that would insure our neighbor. Because you're a lawyer, you know that he could always sue for negligence, and if he sues us and we own the house, then he's got the value of the home to back up any claim that he's got to file against us. Mr. Kozowski: Well, some of the problems I have with that are the fact that -- Chair Gort: Excuse me, excuse me. Mr. Kozowski: I'm sorry. Chair Gort: Excuse me, sir. You'll get your turn. Commissioner Sarnoff So can -- Mr. Kozowski, are you represented by counsel? Mr. Kozowski: I beg your pardon? Commissioner Sarnoff Are you represented by counsel? Mr. Kozowski: Yes, but Tucker couldn't make it; got a car accident last night. Commissioner Sarnoff Okay. That's probably a pretty good reason. Mr. Kozowski: I have a couple more questions -- Chair Gort: Excuse me. It's your district. You want to get -- Commissioner Sarnoff No, I understand, Mr. Chair. Look, Mr. Kozowski, I'm going to urge the Commission to have this on the next Commission agenda to be heard as the appeal. I think, based on what I'm reading and based on what I'm seeing, not only from Kimberly [sicJHorn, but from GE -- I'm sorry -- ECS Florida, Inc., and the reports of October 21, 2015 from Kimberly [sicJHorn; ES -- ECS of Florida, September 29, 2015; both reports, Mr. Kozowski, say that this tree is not in imminent danger of falling, based on the extensive cabling system that they've put up; not saying it's the right thing to do, and I'm not saying you're wrong, and I'm not getting to the merits of the matter, which is making Barnaby Min very happy, but what I am saying is I think they bought themselves a continuance until the next Commission meeting, where I would expect to hear evidence as to how the root structure will grow back, followed by some sort of hold harmless and indemnity agreement with an insurance backing to protect Mr. Kozowski in the event that some engineer is wrong. So I'm going to move to continue the matter. Chair Gort: It's already been moved and second. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Tachmes: Thank you. Ms. Ewan: And for the record, the item will be continued to the November 19 agenda. PZ.9 RESOLUTION 15-0021 8ha A RESOLUTION OF THE MIAMI CITY COMMISSION REVERSING THE MIAMI HISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE OF City of Miami Page 100 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 APPROPRIATENESS FOR THE DEMOLITION OF A CONTRIBUTING RESOURCE AND THE NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AT 713 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA, WITHIN THE SPRING GARDEN HISTORIC DISTRICT. 15-00218ha Fact Sheet.pdf 15-00218ha Appeal to City Commission.pdf 15-00218ha Analysis and HEPB Reso.pdf 15-00218ha Application & Supporting Documentation.pdf 15-00218ha Legislation (v2).pdf 15-00218ha Legislation (v3).pdf 15-00218ha-Submittal-Erika Franco -Documents regarding 713 NW 7th Street Road.pdf LOCATION: Approximately 713 NW 7th Street Road [Commissioner Keon Hardemon - District 5] APPLICANT(S): Erika Franco, property owner APPELLANT(S): Erika Franco, property owner FINDING(S): PRESERVATION OFFICE: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Motion to approve failed; thus, constituting a denial on July 7, 2015, by a 3-3 vote. PURPOSE: This will allow the demolition of a contributing resource, and new construction of a single-family home. 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-15-0466 Francisco Garcia (Director, Planning & Zoning): Items PZ 4, 5, 6, and 7 are all in D2, so 171 skip over those. Item PZ.8 is also for D2. Item PZ.9 is in D5, and with your permission, Commissioner, I'll be moving ahead on that one. Item PZ.9 is before you today as a resolution -- as a special appeal of the -- of a resolution passed by the Historic & Environmental Preservation Board denying an application for the demolition of a historic structure at 713 Northwest 7th Street Road. You may recall by way of previous presentation that the last time the item was presented to you, we agreed to continue the item to do some further research on this matter, and I'll report to you briefly what our findings have been. Also here today is the Preservation officer, Megan Schmitt, to answer any questions you may have. But our research basically indicates -- and our City experts have visited this site and determined that the structure can, in fact, be refurbished and brought up to Code. Admittedly, there is some expense involved, but it is felt that it is a reasonable expense that would be involved. And in addition to that, the questions were posed to us of whether there would be any hardship in terms of being able to mortgage or obtain a mortgage for the property. Our due diligence represents that that is not the case; that they would be in exactly the same condition as any other property owner along that property area. And as pertains to insurance, that, too, would be basically placing them in the same condition as a comparable property owner, meaning also fronting a body of water and in the same general vicinity. With those findings in place, and again, stressing the fact that the City of Miami Page 101 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 structure itself is salvageable and of high historic significance, our recommendation to you is to uphold the resolution of the Historic & Environmental Preservation Board, and therefore, deny the appeal. Happy to answer any questions. Chair Gort: Thank you. Yes, ma'am. Erika Franco: Good afternoon. I'm Erika Franco, 1025 Northwest 11 th Avenue, Miami, Florida 33136. I'm going to give you a brief summary of events. On August 21, 2014, I purchased the residents at 713 Northwest 7th Street Road, Miami, Florida 33136. If you look at Tab 1 and on Tab 12, based on a demolition notice by the City of Miami, unsafe structural division and field assessment of a licensed structural engineer, I have requested for demolition of the above address -- residence. On March 3, 2015, was the first time in front of the Historic Preservation Board, and my submission was observed and declared a continuation. On July 7, 2015, was my second attempt in front of the Historic Preservation Board. I presented my proposal with a detailed submittal and supporting documentation. It concluded in a tie vote of a 3-3 from a panel of six attendees and two absentees. On September 10, 2015, my proposal was elevated to your authority as the Board of City Commissioners to review my proposal as a resident of the City of Miami for the determination. During this discussion and documentation review, it was suggested that I bring a subject expert to attest to my submittal documentation. Before Mr. Duquesne begins, I would like to say the following. Please take into consideration that it is financially constraining and inequitable imbalance to have expectations of a citizen to purchase a home whereby the cost benefit analysis is unachievable to preserve the same historic value of the surrounding community. From day one, my initial proposal was to maintain and preserve the same historical design intent with new construction that provides a safe uniform look to the historic community. This valuable investment would not only increase the value of the historic principles, but allow the historic preservation to forever live through a new homeowner or my family future generational ownership that was planted by me in collaboration with your approval of my request submission. Chair Gort: Thank you. Vice Chair Hardemon: So, is there testimony that you would like to put before us? Is there testimony that you'd like to put before us by someone who's going to testify to the facts? Ms. Franco: I have Duquesne here from -- he's my structural engineer; that he was the one who gave the field assessment -- Vice Chair Hardemon: Can you do me a favor -- Ms. Franco: -- in Tab 1. Vice Chair Hardemon: -- sir? Can you take this microphone? Do you have a certain list of questions that you wanted to ask him in relation to the evidence that you want to bring forth from him? Ms. Franco: Do I have questions? Jorge Duquesne: My name is Jorge Duquesne. I'm a structural engineer. My address is 2500 Southwest 79th Court, in Miami, Florida. I was asked to come here to validate the report and the pictures, stating that they are indeed from our office, produced by our office; again, the structural report that was submitted and the photographs that were submitted. Vice Chair Hardemon: First, do me a favor, and can you describe your qualifications to be rendering an opinion before us today? City of Miami Page 102 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Duquesne: Excuse me? Vice Chair Hardemon: Can you describe your qualifications that make you --? Mr. Duquesne: You have in front of you a small bio of my qualifications. I've been -- I'm a graduate of the Georgia Institute of Technology in 1973 with a bachelor's in civil engineering. I have been in the construction industry for the past 42 years, either teaching, supervising, inspecting, building, and so forth. I -- excuse me a second. I have given each of you a copy -- a kind of like an abridged section of my bio. I worked as chief engineer for Hilti Latin America, traveling through Latin America, giving seminars in construction. I have worked since 1988, as the president and CEO (Chief Executive Officer) of Duquesne & Associates. In that capacity, I have done over a thousand inspections, building inspections. I'm also the lead structure specialist for the South Florida Urban Search & Rescue Team. In that capacity, I have responded to the Humberto Vidal Building collapse; the World Trade Center disaster; Hurricane Ivan; Hurricane Katrina, in New Orleans; and finally, the Haiti Earthquake, for which, I guess, the City gave us some commendations. As I've said, I've been involved in this business for the past 42 years, doing exactly the type of work that I have submitted in my report. Vice Chair Hardemon: Mr. Garcia, would you like to cross-examine him on any of his qualifications? Mr. Garcia: I would like to invite Mr. Peter Iglesias, senior director of the Building Planning & Zoning Department, to perhaps offer this Commission his findings pursuant to his visits at the site. Vice Chair Hardemon: Okay. But as far as with his qualifications, you're -- no objection? Mr. Garcia: I have no grounds to dispute them, no, sir. Vice Chair Hardemon: Okay. Sir, you're more than welcome to now describe your findings with the property. Mr. Duquesne: Okay. I submitted findings of our inspection of our site assessment of the property. In our findings, we saw that there were quite a few areas that were damaged; and again, we inspected the crawl space, we inspected first floor, the second floor, and the attic. And I listed in the report various areas of severe damage that were observed or damage to the -- either structural or cosmetic components. Inclusive in the report is damage to the electrical plumbing and plumbing systems of the property. Apart from that, there's a condensed summary that I'd like to read to you. I think we can all agree that a home built in 1920 under 1920 standards, in general, we found to be structurally deficient when we applied the provisions of the current 2014 Florida Building Code. A full set of plans with calculations will be required by the City, and this is in accordance with Rene Diaz of Unsafe Structures, and I imagine Mr. Peter Iglesias will say the same thing. Without taking into account the damages observed, it is our opinion that every original 1920s wood -to -wood connection -- this is a wood framed home -- and every original 1920s wood -metal connectors will be insufficient to comply with provisions of the 2014 Florida Building Code and, thus, will have to be upgraded. This will require substantial engineering analysis and calculations. Without going into extensive analysis, it is also our opinion that the wind load resisting elements for a building erected in 1920 are inadequate today. We saw that during Hurricane Andrews [sic] in Country Walk. A substantial analysis and upgrades will be required. In other words, in order to comply with the 2014 provisions, it is our opinion the building will have to upgrade its resistance to wind load, be it with the additional plywood diaphragms for exterior walls. This will probably mean removing all wood siding, installing diaphragms, and installation of new siding. For roof sections, additional supports and bracing will probably be required. Without going into extensive analysis again, it is our opinion that connections between concrete pedestals and wood girders will be City of Miami Page 103 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 inadequate to resist sideloads and uplift loads for this home. In all probability, the foundations may not comply with uplift requirements. So apart from all the damages we observed and in conjunction with everything that I've stated here, it is our opinion that damage to wood members in floors, walls and roofs that we have -- will have to be repaired,- windows will have to be replaced. Over 20 percent of the structure is illegally built, and that will have to be demolished. Almost a hundred percent of the electrical and plumbing will have to be redone. The water heater will have to be relocated from the roof and the debris from the crawl space will have to be removed. All of the above will make the rehabilitation of this home cost prohibitive. That's why in our report we recommend demolishing versus rehabilitation. Vice Chair Hardemon: I have a question for you. In your report -- and I'm assuming this report is submitted to the City Clerk so you have it as a part of the file? Nicole N. Ewan (Assistant City Clerk): Yes, it was, Vice Chair. Vice Chair Hardemon: Thank you very much. In your report you mentioned Florida Statute 61 -- I'm sorry -- of the Section 1612.2 of the Florida Building Code, and there it talks about, under "Substantial Improvements." In your report as it reads, substantial improvements: Any repair, reconstruction, rehabilitation, additional improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is stated. If the structure has sustained substantial damage, any repairs are considered substantial improvement, regardless of the actual repair work performed. And in the last -- in the "therefore" paragraph, you say that based on the damage observed, that it is your opinion that the work required to rehabilitate this home would be cost prohibitive, and that said cost will far exceed the 50 percent threshold mentioned in 2010 Building Code. Let's talk about the 50 percent, 2000 -- the 50 percent threshold in the Building Code. Can you describe to me what that means to -- in laymen's language? Mr. Duquesne: Well, insofar as I understand it, it's the expense. If the expense is more than -- of the repairs -- is more than 50 percent of the market value, then that would be applicable, but apart from that -- by the way, on that report, two errors: It's -- the house -- says it was built in 1940; it was actually built in 1920, and the Florida Building Code section is -- the Florida Building Code current is the 2014. But apart from the substantial damage, you also have substantial structural damage. Vice Chair Hardemon: Okay, 1920, not 1940. Mr. Duquesne: Not 1940. Vice Chair Hardemon: And what was that -- what was your other one? Mr. Duquesne: And the other one is that when we referred to the Florida Building Code, it's the 2014 edition, not the 2010, even though it's similar wording. Vice Chair Hardemon: Okay. Now, as I peruse through your report, I never saw anything about the market value of the home. Did you -- when you came up with your opinion that the cost will far exceed 50 percent of the threshold mentioned in the 2010, as it reads, Florida Building Code, where within your report do you mention the market value? Mr. Duquesne: We did not do extensive analysis into market value. This is again from personal experience, being in this business for 42 years, being in the construction business. Essentially, I will tell you this: The cost of the structural analysis for this structure going from joint to joint, going from structural member to structural member, making it applicable to the 2014 Building Code, is going to be substantially high. Not only is it going to be substantially high, it will probably get -- some difficulty in finding engineerings [sic] that are willing to tackle a job that City of Miami Page 104 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 will be so intense in nature, because you will have to look at every aspect of this home. Now, remember, you're trying to bring this home -- you're trying to put a home in place that was built in 1920s in the way we build homes in South Carolina, North Carolina nowadays without taking into account the new ACE, Association of Civil Engineers wind load codes that requires a lot more strengthening of your walls. To do this, the diaphragms that I'm talking about are like big sheet walls of plywood that will have to be installed on the outside of the house along the exterior walls. This is very prohibitive in nature. Just coming out with the calculations, coming out then with the repair is what comes -- brings us to the conclusion that to do this, to do this analysis by itself, just a structural analysis, it's going to be prohibitive. To do the structural repairs that would allow this house to comply with the 2014 Building Code is going to be extremely prohibitive. Vice Chair Hardemon: My question to you, though -- because this turns on the market value, I'm having trouble understanding why this would be cost prohibitive. So, for instance, if I were buying a house on the water and the value of that house -- say, I purchased it for $100, 000 because of the condition that it was in, but the market value of that home is really somewhere around $400, 000, and those who typically buy those homes at the market value around $400, 000 can invest an additional $300, 000 into it to make it what they like, so it's something that is habitable to them. Many of the homes -- for instance, if you look in other parts of our community -- Buena Vista East, you look at the Upper Eastside -- many of those homes are not in a great condition, but they have a high market value, and therefore, if -- those that are purchasing those homes at that high market value invest dollars within those homes. They bring them to a certain condition to be lived in that 70 percent of those who live in the City of Miami would not be able to. And so, when you say "cost prohibitive," I hear -- cost prohibitive is relative to me, so for one person's budget, it may be cost prohibitive, but to another, it may not. So my question to you is how is it that you do not consider the market value, if you're going to render an opinion, that the cost is prohibitive? Mr. Duquesne: Very simply, sir. The market value, as far as I understand it, is what Ms. Franco paid for the house. Ms. Franco, if I understand correctly, paid somewhere between 90 and $100, 000 for the house. I guarantee you that the cost to do engineering analysis and upgrade of the -- every structural aspect of that home is going to be quite in excess of the 50 percent that we're talking about; in other words, in excess of the $50,000, if that's what we're talking about here. And so, I hope that answers your question. As far as the market value, right now -- Vice Chair Hardemon: So I want to -- Mr. Du Quesne: -- what it is is what you paid for. Vice Chair Hardemon: -- clarify then. For the market value of that home, you only consider the price that it was purchased for, and not the comparative value to other purchases in the vicinity of that home? Mr. Du Quesne: No. That was beyond the scope of our work as structural engineers and beyond the scope of our work in doing a building assessment report. Again, it's based on knowledge, prior knowledge that we have in bidding other jobs and doing construction, and doing assessment reports on what it would take to do the work, including the structural analysis and structural design for a property like this. Vice Chair Hardemon: Now, I -- Mr. Duquesne: Again, the only value that I have -- I did not research the property values. That wasn't part of what we were supposed to do. The market value that I have is from Ms. Franco. Ms. Franco may be able to answer your question better than I can. City of Miami Page 105 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Vice Chair Hardemon: So are you qualified to give us the market value of that home? Mr. Duquesne: No, sir. Vice Chair Hardemon: So your qualifications only lead you to determine what the cost of repairs of the home could be? Mr. Duquesne: That's correct. Vice Chair Hardemon: Okay, thank you. Ms. Franco: May I -- Vice Chair Hardemon: Was there any -- Ms. Franco: -- say something? Vice Chair Hardemon: No, not at the moment. Real quick, is there any cross-examination of this witness? Mr. Garcia: Sir, I would like to briefly and respectfully make the following assertion, and I'll do it by way of an analogy. If the market value were to be -- accepted to be the -- Vice Chair Hardemon: But before you go, is there -- do you have a question for this witness? Mr. Garcia: No, no, sir; not for this witness. Vice Chair Hardemon: Okay. And then I'll let you bring a brief point. This is your witness so just -- Ms. Franco: Yes. I don't know if he recalls or not, but if you look at Tab 4, that I went onto the Miami -Dade site, and last year, when I purchased the house, they said that it was -- they have it down at the market value, and when you look at substantial home improvements, they say that it is acceptable to look at the Dade County, what they have on file, and last year, it was 80, 000 plus dollars. This year, earlier this year, a gentleman from Miami -Dade Appraisal came to the house, took pictures; and now, if you look at 2015, what the market value of this house is, it went down to $838. So that, I think, says, and speaks volumes to say that the building, itself, yes, it may have some type of history to it, but there's nothing to save in that building. Vice Chair Hardemon: The -- when you purchased your home, what year was it? Ms. Franco: I purchased it last year. Vice Chair Hardemon: So you purchased it in 2014? Ms. Franco: Correct. Vice Chair Hardemon: At the time you purchased it, the value of the building or the structure was $80,000? Ms. Franco: That's what it said on the (UNINTELLIGIBLE). Vice Chair Hardemon: That's what it said on the -- Can you answer the question, sir, of when you consider the market value, according to the Florida Building Code, the threshold, are you considering simply the building value, or are you also considering the value of the land that it's City of Miami Page 106 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 on? Mr. Duquesne: No. I take into account the market value of the property, per se, so that includes the land Vice Chair Hardemon: Okay, thank you. One second I'm going to let her -- if she has -- do you have any more witnesses? Ms. Franco: No. Vice Chair Hardemon: No? Okay, so you may take your seat. Mr. -- Ms. Franco: Duquesne. Vice Chair Hardemon: -- Duquesne. Ms. Franco: Duquesne. Vice Chair Hardemon: Duquesne. Seeing that there are no further witnesses on the property on this side, please, sir, you can have the -- Peter Iglesias: Yes. Peter Iglesias, senior director, Building, Planning & Zoning. I just heard what the structural engineer discussed on this residence. We deal with historical structures differently than we do with regular structures. If we dealt with them from a Building Code -- strict Building Code perspective, we'd have to tear down Vizcaya; we'd have to tear down the Biltmore. So there are -- the Building Code provides in the existing -- there's a Building Code for existing structures that provides exemptions for historical buildings, so that you do not have to comply with the current Building Code; if we were to do that, we'd have to tear down every historical structure in the City of Miami. So in addition to that, the Building Code deals with substantial improvement. "Substantial improvement" means when you're re -- when you are providing 50 percent of a renovation to the existing structure. This structure would not qual under the 50 percent rule, because in order to do that, you have to change partitions and change so forth, so from what I've seen, it doesn't comply with that; but even if it did, the existing Building Code exempts historical structures from the current Building Code, because you just can't make the Biltmore or Vizcaya comply with the current Building Code. So we use a lower standard, and the standard that we use is: Is the capacity of that structure able to withstand the minimum category one hurricane? And can that structure support the gravity to those -- the furniture, the people and so forth -- that are imposed on it? And that's what I am allowed to do as a Building official, under the existing Building Code for structures that qual for the historical exemption, as this structure does. So we do not have to comply; do not have to comply with the current Building Code. If they wish to do so, it may not -- it -- for the existing buildings, you simply -- many times, simply cannot do it, because you have to tear the entire historical structure, and there's nothing left. So what we would look at is a structure that we would -- that would meet the minimum hurricane standard, which would be 75 miles an hour; and that would supply -- that would comply with gravity loads. As a matter of fact, we had three or four of these structures in the McFarlane area that we rehabbed somewhat. Chair Gort: You made the statement, 75 miles an hour? Mr. Iglesias: Correct; yes, sir. Chair Gort: That's the minimum standard that --? Mr. Iglesias: That's the minimum standard. The idea is that it would be safe, except under hurricane events, and then you would have to evacuate the structure in case of a hurricane event, City of Miami Page 107 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 and it would be safe for superimposed loads, like furniture, or people, and so forth, and that's what the existing Building Code requires for the historical structure. So you do not have to upgrade this to the current Code. It's not possible to upgrade it to the current Code. Chair Gort: Thank you, sir. Thank you. Any other questions? Vice Chair Hardemon: Did you have an opportunity to see this -- inspect this home yourself? Mr. Iglesias: I visited the job site, but I -- we were not allowed to go into the building. Vice Chair Hardemon: Are you aware of who posted the violation notice from this Code of the City of Miami? Mr. Iglesias: No. Vice Chair Hardemon: You'll be able to -- Mr. Iglesias: I mean, I'm aware of the violation, yes; but I don't -- specifically who posted it, I do not know, but we looked at it from -- I looked at it from the historical standpoint after -- I've worked on many of these structures in Coral Gables, and the question is: Can you make it safe? And "safe" is relative. Remember that every -- once the Code changed -- once the Code changes, every structure that's beyond that Code is not the Code anymore, so we're going to say that something that was in the 2007 Florida Building Code is no longer safe, because we're in the 2010 Code or 2014 Code, so we have to look at historical structures a little bit differently. And there is very clear exemptions in the Building Code for historical buildings under the existing Building Code. There is a special part of the Building Code, which is for existing structures, and it's actually a separate book, and it deals with existing buildings; it also deals with historical buildings, and allows us a lot of latitude to be able to preserve these buildings. Vice Chair Hardemon: Thank you very much. Do you have any questions for him? Ms. Franco: I just wanted to know that how is it that somebody that could see it from the street could sit there and make a determination whether or not this property is something that could be saved and fixed? From my understanding, you guys went last week; you guys did go. I got an email stating that you guys were going to do a site visit. I had let Ms. Schmitt know that I was working that day; other than that, I have these pictures that they have on file from 2012, which they came on the -- which they took pictures from the outside of the property, and at one point, they did take pictures that you could tell that they were looking inside of a window, and that's where you could see the fog of the window, and all they saw was the little kitchen portion. How is it that you could base your determination on that; on you seeing it from the outside? Mr. Iglesias: Well, we did not go into your property because we had no authority to go into your property, but we rehabbed a number of homes in McFarlane, which were much worse than that -- much worse than that -- and those homes have been completely rehabbed under existing Building Code criteria. Vice Chair Hardemon: Okay, any further questions? Ms. Franco: I just still find it hard to believe that you can make that determination, and I sat with -- I'm sorry, your last name? Mr. Iglesias: Iglesias. Ms. Franco: Iglesias. I know that I sat with you; I've sat with Rene; you guys were doing -- you know, you guys were great, you guys were trying to help me out, but even sitting down, yes, I get City of Miami Page 108 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 it, it's the historic board, but even us, in our meeting, we had discussed that this house is going to be torture; it's a mess; that it's going to be so hard to fix and that it just -- it was pretty much impossible. And I know that you guys had originally said that you guys were trying to help me in whichever way you could. And I understand that certain things are out of I guess, your reach, but would you not agree that we had that discussion in your office ; and that you guys looked at the pictures, all the pictures that I showed you; and that you guys both agreed that this house was -- it's -- it was -- there was nothing there worth really saving? Mr. Iglesias: Well, in that meeting, if you recall, I told you that if that house were not historical, it would be torn down; but it is historical, and it is -- and you use a different criteria on it. So when you buy a house that has a historical designation, you have to understand that we cannot use normal criteria; if we were to do that, we would tear down every historical structure. A house from 1920 cannot be expected to have the technology we have in 2014; it just cannot, so we have to accept certain things. If we have the Biltmore, for instance, those windows, if we have a hurricane, will all be blown in. Are we going to take all the historical windows out and put -- and take the walls out and so forth? So it -- the criteria that we use for historical is totally, totally different than the criteria we would use for a building that has no historical significance. Ms. Franco: Mr. Iglesias, would you agree -- Chair Gort: Hold it, hold it. Ms. Franco: I'm sorry. Would you agree that the same way that you say, "Well, when you purchase a house in a historic neighborhood that you kind of got to know what you're getting into," would you not agree that ifI purchase a house that has a sign posted by the City of Miami, "unsafe structure "; that they, themselves, were going to demolish this house if they did not hear from that person -- if you look at Tab 12, I believe it was June 9 of 2014-- so two months prior to I legally had ownership, which I was in the process of purchasing this house, and it took nine months for me to purchase this house -- would you not say that it's fair that having a post there that I did not think that I would have to deal with what it is that I'm dealing with today? Mr. Iglesias: One thing is posting it "unsafe," and the other thing is tearing it down. Ms. Franco: It actually said -- Mr. Iglesias: A historical structure, we would not tear that structure down unless we absolutely have to. Vice Chair Hardemon: And on that point, I'm going to get further into the issue of the notice of the -- its repair or demolish, and as I understand it, it's a little bit more complicated, even from the reading of the posting, than just tear it down. It does give an option, and so that's something we wanted to get into later. I don't know if, Francisco, if you want to get into it or Mr. Iglesias? Mr. Iglesias: Commissioner, that's our typical verbiage for the Unsafe Structure Board; you use that -- that's their typical letter that we use and -- Vice Chair Hardemon: And with that letter -- well, who's going to be prepared to give testimony on that letter; either one of you? Okay, before we move into that letter, can you step to the side one second, and -- Mr. Duquesne? Mr. Duquesne: Yes. Vice Chair Hardemon: Can you stand to the lectern for a moment? In the opinion that you gave that you just gave testimony, where you talk about the damage and you talk about the cost of repairs, and you make notice or mention of the Building Code, were you using the -- did you or City of Miami Page 109 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 did you not consider that this was a historical home and that they -- and you had to abide by a different set of rules, if you will, through our Code? Mr. Duquesne: Insofar as that statement that says 50 percent, there was a -- I think there was a section underneath that it said something about a historic designation, but there's also a couple of sections that dealt with structural damage being more than 33 percent; if it's weakened by more than 33 percent. Now, Mr. Iglesias, when he mentioned to you that they can't tear down the Vizcaya, that's true. Vice Chair Hardemon: Wait, wait, before you go on about commenting on his testimony -- Mr. Duquesne: But I was aware, sir; I was aware of the historic -- that Sub -Part "B, " that was a historic exclusion for it, but there also is additional under that -- that he didn't read -- additional statements saying that substantial structural damage, including 33 percent, would constitute cause for this being demolished now, or being upgraded to the current Code. Now, the -- Vice Chair Hardemon: Let me say something to you. Mr. Duquesne: Mm-hmm. Vice Chair Hardemon: If you can find that language for me -- I don't know where you found it, but if you find that language, please provide it to me; that's the first part. Mr. Duquesne: I will read it to you. Vice Chair Hardemon: And then second -- Mr. Duquesne: Okay, verbatim. Vice Chair Hardemon: And before you move on, second -- and I'm asking that question because the way that you described the need to bring this to a 2014, if you will, Building Code, you never made the distinction that it was a standard that is for historical structures, and not a typical home. Mr. Duquesne: Because it doesn't preclude having to comply with the Florida Building Code. The substantial improvement says the 50 percent, and it says here: "Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started"; which that answers the question as far as what the value was before it starts. "If the structure has sustained substantial damage, any repairs are considered substantial improvement, regardless of the actual repair work performed" The term does not, however, include any project or improvement of a building required to correct existing health, sanitary or safety Code violations identified by the Building Official that is minimum necessary," et cetera, et cetera; and two, "Any alteration of a historic provided that the alteration will not preclude the structure's continued designation as a historic structure." But then there's "substantial structural damage," and there is no prequalif -- there is no exclusion for histories. It said, "In any story, the vertical elements of the lateral force existing system has suffered damage such that the lateral low -carrying capacity of the structure in any horizontal direction has been reduced by more than 33 percent, or the capacity of any vertical gravity low -carrying component or any group of such components that supports more than 30 percent of the total area of the structure's floors and roof has been reduced by more than 20 percent from its pre -damage condition." And in this case, she have pre -damage conditions on the roof. Now, Mr. Iglesias has -- says that he's been in a lot of these buildings. He hasn't been in this particular building. City of Miami Page 110 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Vice Chair Hardemon: Okay, that's understandable, but at the same time, you've given me a lot of percentages; percentages which one -- the first percentage that you gave me is that it far exceeds the 50 percent threshold mentioned in the 2010 Building Code, but then you told me you're not qualified to give what the market value of the property is, and I know that it turned on the market value. Another -- you're saying now the 30 percent -- you mentioned a lot of different percentages just then, but nowhere in your report do you talk any more about the percentage of the damage as pertained to any of the different qualifications that you listed in those rules that you just read, so I was having a hard time just following the conclusion in your logic. I understand that there needs to be repairs done; I mean, I think that that's evident. It's evident by posting of the "repair or demolish" sign, so I -- Mr. Duquesne: And I'm stating from the record that I believe that in my opinion, the repairs were more than 33 percent of the structure, including sections damaged that we observed in the roof of the building; including having to -- even though you won't call it "damage" -- having to redo the side resistant diaphragms of the structure, which right now, with a lot of the damaged siding visible, which actually wasn't even probably part of the diaphragm; and with a lot of damage visible inside the home, you're going to have to replace. Now, whether you design -- I'm thinking that Mr. Iglesias mentioned 75-mile-an-hour hurricane. Well, maybe for existing buildings that are not residential, and people don't expect to build and lose their homes, and when a 120-mile-an-hour hurricane comes by, that would be okay, but this is a residential home, a wood frame home, built in the 1920s with 1920s toenails, which we don't use anymore; with 1920 straps, which we don't use anymore, for obvious reasons; with 1920 standards, if there were any at that time, and we're saying that even if we go to the 75-mile-an-hour hurricane, you still are going to use materials and equipment designed under the 2014 Florida Building Code. Your connectors are going to be different. They're going to be -- they're going to resist movement; they're going to resist -- Vice Chair Hardemon: Are you saying different from a typical home that is not built in 1920s? When you say "different" -- Mr. Duquesne: Excuse me? Vice Chair Hardemon: -- I'm assuming you're saying different from a typical home -- say, for instance, a home of today that is built today, because, as I understand it, homes that are built that are historic can be repaired, and they can be repaired to a certain standard; that was the testimony that Mr. Iglesias put forth. And that standard is and does meet our Building Code for historic structures. So I'm -- for me -- Mr. Duquesne: That standard -- Vice Chair Hardemon: -- whether or not -- hear me for one second. So your opinion on whether or not that home would survive a, say, 120-mile-per-hour hurricane, I mean, I'm bordering on it's of no value if the law or if the Code says that it needs only to meet 75-miles-per-hour value, because by that logic, then no historical homes ever built in 1920 should be standing in the City of Miami. And we have, I mean, a great number of historical homes that are built in the 1920s that have been repaired and that are standing in the City of Miami. Mr. Duquesne: Well, not necessarily, sir. The point is here how much it's going to cost to bring those structures that you were talking about in the City of Miami to comply with the Code. There have been occasions in the City of Miami where you have done away with the designation of historic, because it was cost prohibitive, or because the size was too small; or for many other reasons -- cosmetic reasons or functional reasons. So there have been occasions where you have gone from this. Now, there are many, many other buildings that could probably be refurbished, restructured, analyzed and upgraded to meet current Code. What I'm saying is that this particular building exhibits a lot of damage; a lot of damage in the attic; a lot of damage in the City of Miami Page 111 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 -- no wind -resisting forces elements in the building -- that it's going to take quite a bit more than your average building to bring up to Code. There might be other buildings built in 1920s where you can -- that are not in this shape -- that you might bring up to Code, and it still would be a substantial cost for whoever buys it to do so, but this is not the Vizcaya. You're not changing a window; you're changing all the windows. You are not changing -- excuse me, sir. If -- Vice Chair Hardemon: I need you to answer this question: So it would be -- you're saying that it's a substantial cost. Is that cost -- in your professional opinion, is that cost unreasonable? Mr. Duquesne: I believe the cost is going to be substantially unreasonable; beyond unreasonable. I believe that there are so many elements to address in this home that not only the cost to do the replacements for what you need, the cost to upgrade it to the Code, but the cost to get engineers to work on this -- Vice Chair Hardemon: And have -- that -- Mr. Duquesne: -- is going to be substantial. Vice Chair Hardemon: -- opinion is based off of your understanding of the historical homes requirements; not the, say, the typical Building Code requirements? Mr. Duquesne: That opinion includes both; understanding one and understanding the other. By the way, the -- you asked me about the percentages and why we use them. Unfortunately, in Tallahassee, they thought that was the way to deal with this, assigning percentages to it. The unfortunate thing about percentages is that they take an amazing amount of work to actually do detailed analyses of everything we're talking about, including analyses of every element of every member, wood member in that structure. And now, if you do assume that you can -- or assume, no. As Mr. Iglesias says, if you do decide the 75 miles an hour, then you're actually punishing the client, because if we have -- and we often have -- hurricane -- I've been to many a hurricane. I responded to many a hurricane I saw homes blown off the stilts, blown off their foundations in a lot of these places. And what you're doing by settling on a lower standard is you're punishing the client, but Jessie might move out, but later on, his house might move with him; so, again, that's why we bring all these numbers out, and we bring these reports out. Vice Chair Hardemon: Do you know what the value of that renovation would be if you had to put a number to it? Mr. Duquesne: No, sir; that would take -- before you enter into renovation, you need to do a thorough structural inspection and detailed analysis of the structure. You can't at this point put a number on renovations without doing all the engineering work beforehand. Vice Chair Hardemon: Okay, thank you very much. Now -- and I'll let you -- Chair Gort: Let me ask him. Vice Chair Hardemon: -- rebut. Sure. Chair Gort: You said you have some pictures that were taken by the Building Department back in -- Ms. Franco: 2012. Chair Gort: When? Ms. Franco: 2012. City of Miami Page 112 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: 2012. Okay, thank you. Vice Chair Hardemon: And the -- I have some quotes from Duo -Fast Construction, Incorporated. It's in the documents that you provided to us and made a part of the record. And it appears to be that there was a description of improvements to be made, and it appears that there are a number -- maybe like two or three different quotes on the cost to actually -- to renovate this structure (UNINTELLIGIBLE) -- to renovation, correct? Ms. Franco: The both quotes that I got are approximately $200, 000, and that was basically them saying -- and this is a -- pretty basic, because, like he was -- like Duquesne was saying, it's something that they -- until they start working on it, they're not going to see how far. Vice Chair Hardemon: Well, they never know how far, but what I'm seeing here, the scope of work, for instance, in the one from Duo -Fast Construction -- Ms. Franco: Tab 5. Vice Chair Hardemon: It's Tab 5, correct. I'm assuming that Duo -Fast -- the last page of it says, "Halloran Construction, " so I'm somewhat confused, but that cost on the page that's for Halloran, as of April 10, 2015, was 200, 000. And the cost for -- the proposal for Duo -Fast was -- on the second page -- 189, 000. Ms. Franco: There was also the quote to elevate the house to -- in order to -- I know that they say that I don't fall under the Substantial Rule, but if you look even at emails from Rene Diaz, that when I specifically asked him, "Well, why do I need plans for the mechanical portion of my house if there's nothing wrong with that?" And he states that because of the amount or the extent of work that needs to be done, I have to be at a certain elevation, so they are saying that I have to meet certain elevations. And according to FEMA (Federal Emergency Management Agency) and the FEMA representative that I spoke to in the City of Miami Building, he stated that -- I mean, and if you look at Tab 4 and page 8-8, those are the things that actually qualify, as well, as substantial. So even not taking into consideration the demolition of all the stuff that he did -- the person did illegally -- prior to me getting there and fixing the -- or not fixing -- redoing all the plumbing, electricity, mechanical, roof windows, siding, everything -- I mean, there's still everything else. That house is gutted out completely. So it does -- from my understanding -- and I even have a copy of what the Substantial Rule means -- from my understanding and speaking with the FEMA, he stated that I would follow [sic] under the rule, or that I could ask for a variance. And then if you look at one of my -- and a variance is basically them saying that you don't need to comply. Well, I have a problem with that. If codes are enforced to keep people safe, and FEMA has their regulations to keep people safe, I think it's unreasonable for anybody to say, "Well, you don't have to comply, because you're historic." Vice Chair Hardemon: But you need -- wait. You need this -- you need that variance, right? Ms. Franco: No. I could request the variance so that I don't have to elevate my house, but if I'm putting 200-plus thousand dollars into a house, I would think that anyone would agree that you would want to be under the FEMA elevation level; if not, I mean, you're possibly spending -- putting all this money into it and your house could get ruined -- Vice Chair Hardemon: Okay. Ms. Franco: -- at any -- Vice Chair Hardemon: Okay, thank you. City of Miami Page 113 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Iglesias: Commissioner, let me explain. We have two issues. We have the Florida Building Code. The Florida Building Code does not use cost of construction anymore; uses 50 percent of reconfigured space, as far as whether it's a Level 1, Level 2, Level 3 alteration. FEMA does use cost. They use market value of the structure, itself and if the renovation exceeds 50 percent of the market value of the structure, the structure must be elevated to meet FEMA criteria; however, FEMA does have a historical exemption, also, and it exempts structures that are designated historical from that criteria, because they know that it would cause destruction of that structure. So there is an exemption in the Florida Building Code and there is a FEMA exemption. It does not need a variance; does not need any approval from FEMA. We have the ability to grant -- to do that in the Building Department, and I have -- as a Building official have the ability to do that. Ms. Franco: If -- Chair Gort: My question is: My understanding, what you're saying is, "Yes, you can be historical and you can be under this existing requirement; at the same time, if a hurricane comes, you have to leave the house." So you're talking about -- Mr. Iglesias: Yes, Commissioner. Chair Gort: -- you're talking to someone who's buying a house, purchasing a house, is spending his money, and all of a sudden that he makes the minimum, and then what happens? A hurricane comesit's projected at 150 miles an hour. Mr. Iglesias: You -- any house that's frame construction, these 1920 structures, none of them will make the current Code, none of those structures. So if you're living -- we have houses from the '50s, Commissioners, that do not make the -- Chair Gort: Yes. Let me tell you, my house was built in 1936, but I did a lot of repair for it, and I stood quite a few hurricanes, but I put a lot of money into it. I didn't let it deteriorate the way this house is. I mean, that's the way I looked at it, personally. Commissioner Sarnoff Mr. Chair. Is there -- Chair Gort: Yes. Well, he's chairing the meeting. He's -- Commissioner Sarnoff Oh, I'm sorry. Vice Chair Hardemon: I didn't realize I was chairing the meeting. Commissioner Sarnoff Can I ask a couple questions? Vice Chair Hardemon: Sure, please. Commissioner Sarnoff So, first -- and we've known each other quite a while. Do you have children? Mr. Iglesias: Yes. Commissioner Sarnoff Do you have a daughter? Mr. Iglesias: No. Son. Commissioner Sarnoff Son? Have you had a chance to look at the damages in this book? City of Miami Page 114 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Iglesias: Yes. Commissioner Sarnoff Have you had a chance to look at the state of every nail, what the condition that nail is in? Mr. Iglesias: No, Commissioner. Commissioner Sarnoff Okay. Mr. Iglesias: I did not go into the structure. Commissioner Sarnoff Did you have a chance -- and did you have any opportunity, whatsoever, to get into the rafters, to see whether they are strapped, affixed, or what their --? Mr. Iglesias: They were not -- 1920s construction, they were not strapped, no. Commissioner Sarnoff So would you agree with me that the first place that wind can do the most damage is in the roof structure? Mr. Iglesias: This -- a 1920 structure, Commissioner, really is not a structure that you would want to be in a hurricane. You do not want to be in a historical structure in a hurricane; however, that doesn't mean that we don't have historical structures. Commissioner Sarnoff No, I understand, but for purposes of our conversation, I assume you're saying a hurricane is 75 miles or 74 miles per hour or faster. Mr. Iglesias: What we did in McFarlane is -- those houses are designed to the minimum hurricane, so people do not -- so that they would only evacuate during a hurricane level, and the McFarlane homes should be evacuated in a hurricane; yes, that is true. Commissioner Sarnoff Yeah. I just want to make sure we're on the same page; 74 miles per hour or more, nobody -- no living person -- well, (UNINTELLIGIBLE) dead person should be inside the structure. Mr. Iglesias: That's correct, Commissioner. Commissioner Sarnoff All right. So -- and equally, Mr. -- do you know how many times in the past ten years the City of Miami has experienced 74-mile-per-hour winds? Mr. Iglesias: We had four hurricanes one year. Commissioner Sarnoff. Would you be surprised if the City of Miami has occasioned in a ten-year period over 200 circumstances of 74-mile per -hour winds in bursts from hurricane -- wind bursts as a result of severe storms? Mr. Iglesias: You could have micro -bursts, but they're generally below that. Commissioner Sarnoff And it wouldn't be safe to be in this structure at 74 miles per hour or more? Mr. Iglesias: I would -- it -- once it's rehabbed, there would be a -- somewhat of a safety factor that would carry you slightly above that, yes. Commissioner Sarnoff Well, you wouldn't be in this building at 74 miles per hour, andl assume you wouldn't put your son in this building at 74 miles per hour? City of Miami Page 115 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Iglesias: If we rehabbed it and 1 review it, yes, I would be there. Commissioner Sarnoff Oh, you would? Mr. Iglesias: Certainly. IfI approved the plans, I would be there, Commissioner. Commissioner Sarnoff So let me ask you the question that most sailors ask: If we turn around and we start replacing the sides of the ship, and then we do the mid -level of the ship, and then we take the mast out, at what point do we have a brand new ship? Mr. Iglesias: Commissioner, that's a question to ask the historical preservationist. Commissioner Sarnoff So you would just keep replacing everything until such time as you're satisfied that this building would meet or exceed 74 miles per hour? Mr. Iglesias: That's what we did at the McFarlane properties; yes, sir. Commissioner Sarnoff So it -- cost is irrelevant to you, right; because you want to make sure it makes 74 miles per hour or more? Mr. Iglesias: That is correct. Commissioner Sarnoff So whether it's a reasonable cost or an unreasonable cost is irrelevant to your conversation with us today? Mr. Iglesias: That's correct. Commissioner Sarnoff So if anyone here were to testify as to any cost variant or amount of work variant, it's irrelevant to your analysis? Mr. Iglesias: Building Code doesn't deal with cost; it deals with performance. Commissioner Sarnoff Right, so that if this cost $1 million to restore or if 75, or 85, or 95 percent of this structure needed to be replaced, it is irrelevant to your conversation with us today? Mr. Iglesias: That would be a determination if that much of the structure had to be replaced whether the historical preservationist would still want to maintain it. The question posed is: Can the structure be repaired? Commissioner Sarnoff Yeah, and I just wanted -- Mr. Iglesias: And that is what I'm deal -- that is strictly what I'm dealing with, Commissioner. Commissioner Sarnoff Right. And I just want to make sure that cost and amount is irrelevant to you, right? Mr. Iglesias: Correct; cost and amount is not an issue in the Building Code. Commissioner Sarnoff So if it cost this nice lady over here $1 million, so be it; and if 95 percent of the structure needs to be replaced, so be it? Mr. Iglesias: I would think that if 90 percent of the structure, then I think it's something -- it's a question that would -- the preservationist would have to make -- to decide whether it would be worth it to save it at that point. City of Miami Page 116 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Sarnoff But I thought that was irrelevant to you for today. For you, you're say -- I -- you didn't declare this historic, right? Mr. Iglesias: I'm sorry? Commissioner Sarnoff You didn't declare this historic? Mr. Iglesias: No, sir. Commissioner Sarnoff You don't even know what really is historic about this building, correct? Mr. Iglesias: Correct. Commissioner Sarnoff You don't even know what's been changed on this building to make it non -historic, correct? Mr. Iglesias: Correct. Commissioner Sarnoff Have you read the report --? Mr. Iglesias: I am relying on the -- I did see a report, and I'm relying on our preservationist to determine whether it is significant or not. Commissioner Sarnoff You're relying on another expert to tell you a portion of this home is historic? Mr. Iglesias: I'm relying on the historic expert, and I'm dealing with the structural issues, which is my expertise. Commissioner Sarnoff Okay. So if you -- you didn't read Mr. [sic] Franco's 2015 report as to what on this property is not historic, correct? Mr. Iglesias: Correct; there's things that are not historic. Commissioner Sarnoff Right. Mr. Iglesias: Yes. Commissioner Sarnoff It's irrelevant to your conversation with us today, because you're saying, "Commissioner, I am taking somebody else's word for it that this is a historic structure, irregardless of what is not historic about it"? Mr. Iglesias: Yes, I am working with our preservationist; yes, I'm taking her word. Commissioner Sarnoff So your testimony with us today is, essentially, it doesn't matter how much it cost to repair it; it doesn't matter how much has to be repaired; this is a historic structure that must be repaired, because somebody else said it was historic? Mr. Iglesias: That's correct. Commissioner Sarnoff Okay. Vice Chair Hardemon: All right. Counselor -- and I completely understand the facts that you've laid out, and it would lead me back to you, so I want you to be prepared; not right now, but I City of Miami Page 117 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 have some questions for you that I'll need you to answer, and -- just to help us make our determination. Is there any further testimony that you'd like to put forward? Mr. Iglesias: No, no, Commissioner. Vice Chair Hardemon: So none. Mr. -- Chair Gort: I think I'll ask you a question. According to today's regulation, DERM's (Department of Environmental Resource Management) determined you have to bring the building up -- new buildings if you -- and we going to waive that, because they're historical, so they don't have to comply with DERM's requirement of bringing the building up. Mr. Iglesias: With FEMA; no, sir. Commissioner -- Chair Gort: FEMA, FEMA. Mr. Iglesias: -- they don't -- they do not have that -- only for historical structures, yes. Chair Gort: FEMA. I understand. Now, do you think they -- if they don't comply with FEMA's request, they can get flood insurance? Mr. Iglesias: They may have an issue with flood insurance. Chair Gort: Okay. Mr. Iglesias: But I'm just saying that FEMA does grant the historical waiver. Chair Gort: No, I understand. Mr. Iglesias: Historical exemption. Chair Gort: At the same time, it'd be very different to get a -- Mr. Iglesias: There are issues with the historical (UNINTELLIGIBLE). Chair Gort: -- motion now to not to fund them. Thank you, sir. Mr. Iglesias: You're welcome. Thank you. Vice Chair Hardemon: Mr. Garcia? Mr. Garcia: Yes, sir. Commissioner Suarez: Can I chime in on one thing, Mr. Chair? Vice Chair Hardemon: My first question to you is: Are there provisions for historical properties that would allow a historic property owner not to make recommended repairs, and, say, for instance, demolish and rebuild a home because complying with whatever section it is that deals historical properties would result in an unreasonable or undue economic hardship to the applicant? Mr. Garcia: Fair question, sir, and that is at the very core of this issue. Let me answer in three steps. The components of this item that are well addressed by our regulations, by our binding regulations have to do, on the Building Code side, with whether the structure, itself is salvageable. And I think you've heard testimony to the effect that the structure, itself is City of Miami Page 118 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 salvageable. The second step has to do, of course, with the historic relevance of the structure, and on that count, I can proffer to you that this structure is clearly within a historic district, as designated by the Historic & Environmental Preservation Board and this body, the City Commission; and whether the structure, itself is actually a contributing structure within the Historic Preservation District, which it is. This is a wood frame vernacular structure, of which are few left in Miami -Dade County; it was once actually the building stock of Miami -Dade County; few left. And so this structure definitely is and has been found to be a contributing structure within the district. And the first step, of course, is the one that you allude to, which is not at all well regulated, and that has to do with the standard of reasonableness. And because we want to do the right thing by the City, but also, by its citizens, obviously, we've done some additional research pertaining to that issue. I will proffer to you facts and I will invite any questions that this body may have. The facts are as follows: Based on our surveys -- and this is anecdotal, admittedly, but very viable -- the mean value of sale of properties in like conditions -- this is waterfront property in the historic district in the City of Miami -- and so these are comparables adjacent to the subject site -- hover around $400, 000; that's not the highest, that's not the lowest, that's a mean sale value. And I will then use the amount proffered by the expert witness for the appellant that the estimated repair costs hover around $200,000. Those are facts, and I invite you to derive your own conclusions, but in our minds, and based on our research, the structure would be mortgage -able; the structure would be insurable; and the costs for repair are within the realm of reason. I defer to you, sir. Commissioner Suarez: Can I ask a question, Mr. Chair? Vice Chair Hardemon: Sure, you're recognized. Commissioner Suarez: Sorry. I know a little bit about this, and I know that getting food insurance in an area where you are within a flood zone, even if you have some sort of a FEMA requirement, that's not going to necessarily lower your premium, so your premium could be 10, 15, 20 times greater if you are in a flood zone and -- you know -- so I guess the question is -- I've seen food insurance premiums that are very low when there's correct elevation, and, you know, and you're outside of a flood zone, et cetera, but I've seen some astronomical flood premiums when you're within a food zone, and you don't have the correct elevation. So I just would like to hear on the record if my understanding of that is correct. I don't know if there's anyone that can speak to it from your -- do you have any quotes or anything? Ms. Franco: I -- okay, so if you look at Tab 8, is -- I highlighted there where it says, `Avoid allowing variances whenever possible, because insurance premiums may rise significantly." I've called about two or three people to get quotes, and, unfortunately, the survey that I have of my house, they require a different survey, so they state that I can't -- they cannot give me an actual quote, but what they have told me is, just understand this, and this is all I can say, is that your insurance will be up triple the amount of any average individual because of the fact that it's not at the elevation. And in my zone, I'm in the AZ zone, which says that it's mandatory, that I have to have flood insurance, so not -- Commissioner Suarez: I'm sure your bank will require it, too, anyways. Ms. Franco: Excuse me? Commissioner Suarez: I'm sure if you get a loan, your bank will require it, as well. Ms. Franco: Yes. Commissioner Suarez: Right. Ms. Franco: So that's also an extra cost. And going back to where we were getting the quote. City of Miami Page 119 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Again, that 200,000 is them not knowing what's really under or inside. And if you look at the top line where it says the permits and the engineering and the architects and all of that, none of that cost is in that. And on top of that, there was the quote for the elevation of the house so that I could comply with FEMA, because it needs to be elevated two feet. I'm under -- I'm negative two feet right now. Vice Chair Hardemon: Right. Ms. Franco: And that quote was about a hundred thousand dollars, as well, so that's the 200-plus, plus the hundred thousand. Vice Chair Hardemon: Part of my -- when I'm thinking about the cost that it takes to bring this home to the condition that it needs to be, you paid -- your testimony was that you paid about $100, 000 for the property, and so hearing the mean value of the property, which I was trying to get from your witness, but he was not able to tell us, the mean value of the property, as asserted by Francisco Garcia, is about $400, 000; which, if you were -- so if you had to bring the house to a condition in which it was habitable, and you had to pay an additional $200, 000, would -- part of my logic was that it would leave you still in somewhat of a good position if you were selling some equity in the home of about $100, 000, say, if you sold it at 400, 000. So I'm -- where I'm trying to go is that I've heard the cost of the repairs; I've heard the value of -- the mean value of the properties; I've heard the three -step analysis. Is the structure salvageable? Yes. Historic wellness; it's a contributing structure. Now, we're looking to the reason -- how reasonable it is for these costs. Now, there's some research that I received that talks about when strict -- the question of the provisions would result in unreasonable, undue economic hardship to the applicant, the Board should have the power to vary or mods the provisions of this section. And it doesn't -- it says "vary or mod "; it doesn't necessarily say "disregard," and that becomes part of my question, and I hope you're prepared to give me some guidance on that, but there was a requirement that the applicant, which would be yourself, as the appellant, provide a written statement presenting the factual data established in such economic hardship. The written statement presenting the factual data shall be in the form of a sworn affidavit containing the following information, and it lists about seven different things. Have you ever turned in an affidavit that talked about the -- that swore to the facts concerning an undue or an unreasonable economic hardship? Ms. Franco: No. Vice Chair Hardemon: Okay. What I'm going to ask -- you've already been sworn in, so I'm going to ask you just a series of questions. One -- part one of this would be the amount paid for the property. And what was the amount that you paid for the property again? Ms. Franco: A hundred thousand. Vice Chair Hardemon: Do you know the date of purchase and the party from whom you purchased it? Ms. Franco: August 21, 2014. And what was the second question? Vice Chair Hardemon: The name of the party from which you purchased it. Ms. Franco: Eric Nort (phonetic). Vice Chair Hardemon: Do you have a description of the relationship that you have with that person? Ms. Franco: I own a house a couple blocks away, and pretty much, all the dog owners kind of City of Miami Page 120 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 know each other in passing or by dogs, so I met him when he used to live in the neighborhood, and that's how I found the property. I saw signs posted up that it was unsafe, and that's when I would -- looked at it with my dad. He pretty much abandoned it for like three years, and just because of neighbors, I happened to still have his phone numbers that it was -- when I backed up my Blackberry, it was in my computer. I called him, asked him what he was doing with the property, and he said he was walking away from it. Vice Chair Hardemon: The assessed land value of the -- and improvements therein, according to the three most recent assessments, and I believe you turned that in through the Miami -Dade -- what tab was that? Ms. Franco: Tab 4. Vice Chair Hardemon: Tab 4. So the three most recent assessments -- if you consider the assessment information, you can see there, clearly, for the record, you have the market value and the assessed value. 2015 market value at 170,669. 2014: $192,473. And at 192,507 in 2013 for the market value, but the assessed value in 2013 was 151,563; 166, 719; and for -- that's for 2014 and 2015 -- 170, 669, that would be for part two. Part three, the amount of real estate taxes for the three previous years, I believe that's also -- you can also find that on the Property Appraiser's summary report, correct? Do you -- can you find it? Ms. Franco: I have -- Vice Chair Hardemon: Do you see it there? Ms. Franco: What the taxes were? Vice Chair Hardemon: Yes. Ms. Franco: No, I don't see where the taxes are. Do you see it? I know that I paid almost $5, 000 last year -- Vice Chair Hardemon: Okay. Ms. Franco: -- for taxes. Vice Chair Hardemon: Mr. Garcia, would the tax value -- the amount paid for taxes be included within this report? Mr. Garcia: I have handed the information pertaining to the assessed value of the property for City tax and County tax purposes. I don't have the actual amount charged for tax purposes. That amount that I made reference to is 166, 000, round numbers, of which $108, 000 assigned to the land and $83, 000 assigned to the building. Vice Chair Hardemon: Part four says: All appraisals obtained by the owner or applicant within the previous three years in connection with the potential or actual purchase, financing or ownership of the property. Part five: All listings of the property for sale or rent within the previous three years, prices asked and offers received, if any. Part six, for income producing property, only, and says the profit and loss statement for the property. This is not considered to be an income producing property for you? Ms. Franco: A income reducing -- Vice Chair Hardemon: Meaning, are you renting this property, or will you be living in it? Or will you be use this --? City of Miami Page 121 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Franco: This is where I want to make my home. My house now is a two/one that I've outgrown, and this is the place where I plan to retire. I work for the City of Miami, and I plan to retire there. I'm going to be there for the next 25 years, and that is my intent. Vice Chair Hardemon: And under the penalty of perjury, are you saying that the cost to renovate this structure the way that the City requires you to do it, would be unreasonable and be an economic hardship on your behalf? Ms. Franco: Yes. I wouldn't -- it -- I wouldn't be able to do it. I've tried calling to get loans, and they will only give 80 percent of what the value of the house is worth, and based -- and when they say "the value of the house, " just like when it comes to the substantial rule, it does not mean land; it means the actual building; it's the structure, only, and it specifically says it on where I put the substantial improvement -- I believe in Tab 3 -- that it starts talking about the market value, and it specifically says it is not the land value; it is the structure, only; that's where I get the numbers of the 80,000. And now, for 2015, it's worth $838. Vice Chair Hardemon: And with the career that you currently have, do you have a job that would be -- where you could use the funds that you have from working each year or your savings to actually renovate this property, yourself, without financing? Ms. Franco: I would not. And I actually -- I have a second job, and based on the extreme pay cuts that we took years ago, and I'm a single person, and I purchased when the market was really high, and I've never been able to get like a modified home loan or anything like that, so I've always had two or three jobs just to be able to pay my current mortgage. Vice Chair Hardemon: Mr. Garcia, the power that we have, as a Board, to mods the provisions of this section, including adopted guidelines, does that allow us to make a consideration in this case that -- with the facts that have been presented to us -- that because there is an unreasonable or undue economic hardship to the applicant, based off of her sworn -to testimony that she could rebuild or demolish, as it was stated in the demolition notice -- the prior demolition notice -- demolish and rebuild in substantially the same likeliness [sic] that the historical home value or the home property was? Is there -- can we do that? Mr. Garcia: What is before you today is an appeal of the resolution of the Historic & Environmental Preservation Board, which basically denies her petition to demolish the structure. Should that appeal be approved today and carried forward, then the applicant would have to go back to the Historic & Environmental Preservation Board to have a design of a new structure to replace the existing structure approved, so they don't have unfettered discretion. That design of a new structure would also have to be reviewed and approved by the Historic & Environmental Preservation Board. Vice Chair Hardemon: As the applicant or the appellant in this situation, I've -- do you have plans to rebuild this home in the substantial likeliness [sic] of what it was before? Ms. Franco: Yes. Vice Chair Hardemon: Okay. Ms. Franco: If you look at Tab 11, it shows a rendering that I had made that is very similar; it is bigger, but the front stays looking pretty much the same. It just -- obviously gets bigger, because a 1, 600-square foot house of a two-story, I mean, the bathrooms are tiny that my mother, in a wheelchair or in a walker wouldn't be able to get into that. And the bedrooms are -- there's two bedrooms that are not even -- I want to say they might be 8-by-8 -- they're very, very tiny. So, yes, I did make it bigger, but the look, overall look is the same. It's -- I'm just requesting to make City of Miami Page 122 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 concrete construction, but with the look that it's the wood siding. And there's -- like I said, there's a picture of the rendering. Vice Chair Hardemon: And I have one final question for you. Where do you intend to get the resources to actually build the new home? Ms. Franco: Well, that, me trying to call and get quotes, because of a construction loan works different than a remodeling loan; and having a pretty great credit score of 780, that doesn't seem like it's going to be a problem. And in the meantime, it's already set up that my house I would rent out while Igo back living with my mother while they build the new one. Vice Chair Hardemon: Gentlemen on the Board, considering hearing all the facts that I've just heard, I would ask for your support in granting the appeal of the appellant and -- Chair Gort: There's a motion. Commissioner Suarez: Second for discussion. Vice Chair Hardemon: -- that's my motion, yeah. Chair Gort: There's a motion and a second. Commissioner Suarez: Second for discussion. Chair Gort: Second by Commissioner Suarez. Discussion. Commissioner Suarez: Thank you, Mr. Chair. I just want to make a clear finding, which is that in this particular case, given the circumstances and facts as they have been presented to us, I find that it would be -- and I don't know if my Board agrees -- that it would be unreasonable to make the applicant make these repairs, given these particular set of circumstances, so you've provided testimony regarding the flooding cost, repair cost; you know, the depth at which you would have to go to find out that the structure is safe and sound; and I would also note that it's interesting -- and I want to put this on the record -- that the lack of testimony from potential interested stakeholders, who might otherwise come and testify against the demolition. Usually, you know, when it's an historic property, it usually gets people pretty riled up, so the fact that there are no, you know, neighbors coming and protesting, I think it speaks volumes, as well. Chair Gort: Okay, any further discussion? Commissioner Sarnoff No. I just want to say, based on the evidence presented, and giving due consideration to all testimony, as well as the credibility therein, I think what Commissioner Suarez says is absolutely true. Chair Gort: Resolution. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Commissioner Suarez: Good luck. Chair Gort: Thank you, ma'am. Ms. Franco: Thank you. PZ.10 RESOLUTION City of Miami Page 123 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 15-00903xa A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PAUL SAVAGE, ESQUIRE, ON BEHALF OF BASIL BINNS, II AND WENDY STEPHAN, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND APPROVING AN EXCEPTION TO ALLOW A COMMUNITY FACILITY (CIVIC USE) WITHIN A CI TRANSECT ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58 AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, WHICH ENCOMPASSES THE FOLLOWING WAIVERS: 1) TO ALLOW A 10% INCREASE IN THE HEIGHT OF THE FENCE TOTALING 6'7" IN HEIGHT ALONG THE PROPERTY'S NORTH PROPERTY LINE; 2) TO ALLOW ADJUSTMENTS TO BUILDING DISPOSITION REQUIREMENTS FOR A LOT OF 28,081 SQUARE FEET WHERE MAXIMUM ALLOWABLE LOT AREA IS 20,000 SQUARE FEET; AND 3) TO MATCH THE DOMINANT SETBACK ALONG THE PRINCIPAL FRONTAGE ON NORTHEAST 41 ST STREET. 15-00903xa Fact Sheet.pdf 15-00903xa Appeal to City Commission.pdf 15-00903xa Analysis, Maps & PZAB Reso.pdf 15-00903xa Application and Supporting Docs.pdf 15-00903xa Legislation (v2).pdf 15-00903xa Legislation (v3).pdf 15-00903xa-Submittal-Paul Savage -Chart of Miami 21 Provisions and Backup Documents.pdf LOCATION: Approximately 53 and 61 NE 41 st Street and 50, 58, 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPELLANT(S): Paul Savage, Esq., on behalf of Basil Binns II and Wendy Stephan APPLICANT(S): Tony Recio, Esq., on behalf of Institute of Contemporary Art, Miami, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Approved the exception, with conditions, on September 2, 2015 by a vote of 7-2. PURPOSE: This will allow a community facility within a CI Transect Zone. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-15-0472 Vice Chair Hardemon: PZ.10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.10 is before you as an appeal to an exception, which was approved by the Planning, Zoning & Appeals Board. The exception is for a structure known as the Institute of Contemporary Art, which is located approximately at 53 and 61 Northeast 41 st Street, and 50, 58, and 68 Northeast 42nd Street. City of Miami Page 12a Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Our recommendation is for the Commission to uphold the granting of the exception by the Planning, Zoning & Appeals Board, as was originally recommended by the Planning & Zoning Department, and deny the appeal presented by the appellant. I know they will have a presentation; both parties will. And we're happy to answer any questions you may have. Vice Chair Hardemon: I invite the appellant to the lectern to make his case. Paul Savage: Thank you, Vice Chairman. My name is Paul Savage with law offices at 100 Almeria Avenue, Coral Gables, Florida. I'm here on behalf of Basil Binns, H. He lives at 4120 Northeast 1st Avenue, Miami, Florida, which is not exactly adjacent to this parcel, but nearly so, on the corner. This item involves the proposed Museum of Modern Art by the owner, ICA, and the item before you and that was granted by the City is an exception that is made up of three waivers. The three waivers go to a 10 percent increase to a fence that is the wall, if you will, that faces the community. The north half of this project is in the Buena Vista East Historic District, so you have -- the back end of the project is facing a residential street; a longstanding and historic residential street. The second waiver that's included in this exception is a relaxation, if you will, of the normally applicable lot size, which should be 20,000 square feet, and this lot size for this project will be 28,000 square feet. And lastly, and most importantly, and what I'm going to use my time for is to really zero in on the frontage setback. The frontage setback in this area, if you were to give it a T3 zoning designation, would be 20 feet. The setback on this street, if you give it a T4 designation would be 10 feet. The frontage setback for this street, if you give it a T5 zoning designation is 10 feet. And the zoning -- the frontage setback that's being approved by this exception is two feet, six inches. So in this zoning designation, which is CI, "Civic Institution, " that chapter is really -- focuses on two primary concepts: One is that because CI is typically adjacent to another zoning designation, a lot of the provisions point to compliance with the abutting zoning designation; also, throughout the chapter that governs "Civic Institution," the chapter makes a point of preserving front setbacks and enforcing front setbacks. So we were surprised when this item -- which, by the way, when it was approved -- when the rezoning was approved to "CI," the applicant made -- took great pains to express that this would be a less intensive or at least equally intensive development, as compared to the abutting zoning designations. Here, we have T3 and T4 abutting zoning designations, which provide for a 10 foot -- a 20-foot setback, if you go by T3, which is what my clients urge; but even if you agree with them and you go with T4, it's 10 feet. And after -- during the rezoning process, explaining to us and reassuring the public and the neighbors that, in fact, it would be a less intense zoning treatment, now we're here with waivers and exceptions. There are two provisions in -- I had a handout, by the way. This is a kind of a walk through the Code, and if you go down towards the bottom of my handout, there are two provisions that are taken from Civic Institution: Any prop -- that recite -- the first provision, at 5.7.2.4(b) says: Any property located within a CI zone may be developed according to the regulations of the most restrictive abutting transect zone, with all frontage setbacks considered a minimum. Lastly, at the bottom of the page, on the first page of my handout, it explains: Adjustments to building disposition requirements -- which is setback -- shall be allowed by process of waiver. In the middle of the sentence, however, importantly, it says: With the exception of setbacks. So the question is: What are we doing here tonight? What are we doing here, granting this setback waiver when it's prohibited? The answer that's provided in the staff report and by the applicant is that back in Chapter 3, in "Lots and Frontages," you can have something called a "dominant setback, " and let me explain what that is about. What that's about is, when you have a property right next door, an existing building that has a setback, it would be unfair to require a new development to meet that setback, so they let you comport or build your property in accordance with the setback of the existing structure next door to you. The problem here is that factually, there are no abutting structures, other than one small building that has a significant setback; and secondly, this general provision for a dominant setback in Chapter 3 cannot overcome the specific regulation going to Civic Institution in that chapter. I know that we have some attorneys on the dais tonight, and I know that you know that the more specific regulation is going to trump a more general one; particularly when you don't have the facts to support it. I know the hour is late. I just wanted to make those points, and I did want to City of Miami Page 125 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 make sure that the Commission understood that from the neighbor perspective, my client's perspective, that having heard all of these reassurances at the time of the rezoning, about a less intensive treatment of this property, to now come back and have this exception that flies in the face of the Code, you can't -- we object to this kind of "mission creep" approach, and we don't think that you can have it both ways. Vice Chair Hardemon: I don't know what "mission creep" means. Can you explain that to me? Mr. Savage: I think that the -- if you come before this tribunal at the time of the rezoning and tell everyone that we're planting the flag on `X" -- and when I say that, I refer to their statements, both in formal legal papers and in front of the Commission -- that we will be developing to a lease -- a less intensive -- according to less intensive regulation than our abutting zoning, T3/T4. And then, in a very short time after that, the flag is moved from "X" to X plus, " when, in fact, we're getting variance waivers and exceptions from T3 and T4. If you're in T3, T4, even T5, you're going to have a 10 foot frontage setback, and the paper that's in front of you tonight gives a 2.6 foot frontage setback. The frontage setbacks are important, according to the Civic Institution Chapter, and they make specific reference to maintaining frontage setbacks and saying, in fact, in black and white that you can change your building disposition by waiver with the exception of setbacks; it's just simply not prohibited by the text -- Vice Chair Hardemon: Thank you. Mr. Savage: -- or not permitted, rather -- my apologies -- it's not permitted by the text. Vice Chair Hardemon: Thank you very much. And the appellee to this, I really want -- I don't know if the appellee can answer this, or maybe City staff, or let's work probably with the appellee first, and then some clarification from the City staff if necessary, but there are a few key terms that were put out -- one that I wanted to dive into, rather -- the dominant setback -- so let's talk about what that means in this category. I know that within the analysis that was completed by the City staff, you reviewed the setbacks. You spoke about the 10 foot property setback at the south of the property line; the dominant setback request that was made, which was a waiver in some form, and which subsequently provides a two- to six-foot setback from the south property line, and so let's get into that, because as -- what has been presented to me, it seems to be that he's correct, the appellant is correct. So help bring me to the center of this issue. Mr. Savage: And before -- can I just -- housekeeping -- can I reserve a few minutes for rebuttal Vice Chair Hardemon: Sure. Mr. Savage: -- through the Chair and Vice Chair? Thank you, sirs. Stephen Helfman: Sure, I'd be happy to try to address those. First of all, my name is Steve Helfman. My office is at 2525 Ponce de Leon Boulevard. I'm proud to be here this evening on behalf of the Institute of Contemporary Art. First of all, there was a question of "What are we doing here tonight?" I know exactly what we're doing here tonight. This is the foundation to file a second lawsuit. Mr. Savage has already filed a first lawsuit, but, of course, he has to make a presentation this evening in order to lay a record to file the second lawsuit, so that is what we're doing here tonight. We're not talking about the project, or its impact on his client's project -- Vice Chair Hardemon: Counsel -- Mr. Helfman: -- and I'll talk to you about that in one second. Vice Chair Hardemon: -- I will say this to you. City of Miami Page 126 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Helfman: Yes. Vice Chair Hardemon: It is late in the hour. Mr. Helfman: Yes. Vice Chair Hardemon: And although these arguments that you are making would be moving if they were dicta, they're not moving to me to the heart of this issue. I'm here simply to answer the heart of the issue, and I want to talk about dominant setbacks, frontages, et cetera. Mr. Helfman: I'm happy to do that. I just wanted to try to answer the question of why we're here. We know why we're here, okay? Vice Chair Hardemon: Yes, sir. Mr. Helfman: We understand why we're here. We know he needs to lay a legal foundation for going forward to suing us and so -- Vice Chair Hardemon: You've already made that statement. Mr. Helfman: -- now, having done that, we understand why we're here. And the issue of the dominant setback, let's talk about that. First, let's talk about where it is. It's on the front -- and first, let's talk about "mission creep, " okay? There's no "mission creep" here. This project is precisely the exact same project that has been shown to every single board since this application was filed in November of last year; the precise, exact project; no "mission creep"; the same setbacks, the same frontage, everything identical. This building -- there's no "creep." We haven't changed one inch of the front of this building on those plans, so nothing has creeped [sic] anywhere. Secondly, this gentleman's clients live blocks away from this. What he's complaining about is the front of this building in the Design District; not in the residential district; not in the district that faces him; not in the area of setback that faces the residential community. He's talking about the area on the entire other side of the project, in the commercial zone. He's complaining about the way that the City has applied the disposition of the setback on the front of the building, okay? So talking about standing, they're now complaining about the way you measure the setback on the front of the building; forget about the back yard, which is the sculpture garden; they've given up on that; they don't want to talk about that anymore. They just now want to talk about how your staff has measured the front setback, so let's talk about it. There's a provision in your Code that says that when you have a dominant setback in the district -- that means where you have a setback -- and your staff will help me clarify this -- where you have, for example, a right to go to a zero setback along the street, as you would in this district, you're allowed to apply for a relaxation of the regulations in your property to move your setback so that you don't have a property -- that you go down the street, and then your property comes back like this, and then it comes back out -- so that you can waive or relax the regulations to bring your building up to the line of the buildings along the block. That is the provision that has been introduced here, and that we sought and used to allow for this building to be designed the way it has. Vice Chair Hardemon: So my question to you is: The way that the facts were described earlier, I envisioned this being a relaxation of the setback requirements; meaning that you were allowed to build closer to the property line, not farther away. Mr. Helfman: Correct. We were allowed to bring the front of our building to the zero setback line that is allowed on the entire street that we front, because we are in the SAP (Special Area Plan) District, and the entire street that we front on has a zero setback. And so, what we asked was, "Can we also have a zero setback on the front through this section?" And the Planning & City of Miami Page 127 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Zoning Board said, "Yes, you can build to the front of the street also, just like all your neighbors can," and that's what they're complaining about. They don't like the fact that we can build, just like all our neighbors. Vice Chair Hardemon: Okay. Now, Mr. Garcia, I will say that just -- and sir, I appreciate the facts that you brought forward -- Mr. Helfman: Right. Vice Chair Hardemon: -- because my initial thought was that we were describing -- when you said the south end, I was thinking the setback where the sculpture garden is -- Mr. Helfman: No, it's down -- Vice Chair Hardemon: -- which is in the residential area. Mr. Helfman: You're right. Vice Chair Hardemon: So it's -- Mr. Helfman: It's the south -- Vice Chair Hardemon: Right. So that's better for me to understand. You mean the south end of Mr. Helfman: Right. Vice Chair Hardemon: -- north, east, south and west of the property. Mr. Helfman: Right. The north would be -- Vice Chair Hardemon: So the front -- Mr. Helfman: -- the sculpture garden side, but this is all the way in the Design District. Vice Chair Hardemon: Okay. Mr. Helfman: That's what they're now complaining about. Vice Chair Hardemon: So, Francisco Garcia, I know that you did some analyses, and your team has done some analyses about this dominant setback waiver, so can you first describe to me what's required of a dominant setback waiver, and how this entity in this filing for the dominant setback waiver, how it: One, fits within those requirements; and how, two, you didn't run afoul of the Code, in your opinion. Mr. Garcia: Happy to do so, sir, and I believe I can dispense with it rather quickly. The first statement I would like to make for the record is to refute, respectfully, Mr. Savage's assertions as pertains to his interpretation or his logic to interpret the Code. We, as your Planning & Zoning Department, reserve the right to interpret the Code as it is assigned to us. And so what you are owed next is the proper interpretation of the Zoning Ordinance to provide for this waiver to have been recommended for approval, and it goes as follows: I am going to read verbatim the section that Mr. Savage has quoted, and it goes as follows -- I apologize, I had it handy and the page must have moved. My apologies; I'll get it back quickly. Here it is. I am reading now from Miami 21, the Zoning Ordinance. I am reading Section 3.3.5, and it says: "Where the property to be developed abuts an existing building, a waiver may be granted so that the proposed City of Miami Page 128 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 building matches the dominant setback of the block and its context. " Two concepts being introduced: "abutting buildings" and "the block and its context." Vice Chair Hardemon: What's the second again? Mr. Garcia: I'm sorry? Vice Chair Hardemon: You said "abutting buildings, " and what? Mr. Garcia: It says, "abutting buildings"; and then the second concept is "the block" as in the City block, "and its context." Vice Chair Hardemon: Okay, "and its context." Mr. Garcia: Right. I'll pause for a brief second and go back to a previous statement that was made, which is correct -- made by Mr. Savage -- and it does provide in CI, the zoning designation that this property is proposed to be developed in, where it says that the setbacks in CI must respond to their context, as well, and that no waivers for setbacks shall be provided. That is very specific. It is very specific language, however, that pertains to CI development generally across the City. This language is more specific, the language in Article 3.3.5, because it describes exactly the condition under which the waiver is being applied for. This provision in the Zoning Ordinance zeroes in on the abutting condition and the zero lot line that we are providing for; that said, back to the previous section, which talks about abutting buildings, the block and its context. I'll have you know that the subject property happens to be immediately abutting the SAP area, which provides for a zero setback line, so the lot immediately east is within the SAP zone, and when developed -- it is presently a surface parking lot -- it will have a building that will be at the zero setback line; item 1, Exhibit 1. Item 2, Exhibit 2, happens to be that the building on the west, as already approved, enjoys a waiver for the zero setback, and that approval, the building is now presently completing its construction process, its -- rather, its permitting process -- will also have a zero setback line, right? So the building to the east will be built up to the building, base building line. The building to the west will be built up to the base building line. The abutting structures will then comply with the Zoning Ordinance -- that is already the case -- and, certainly, the block and the context provide clearly for an application of this section, which says that the building shall respond to it; notwithstanding all that, the proposed building is not presently being proposed to be built up to the base building line. It does have a slight setback of two and a half feet, approximately, so they are going above and beyond the setback that would otherwise be required. We think that is ample grounds for the applicant to request the waiver, and we certainly think it is ample grounds, and makes perfect sense to recommend approval of said waiver. I'll answer any questions you may have. Chair Gort: Thank you. Vice Chair Hardemon: I had a question for you. This handout that was passed to me by Mr. Savage talks about the Miami 21 provisions, and it says -- Section 5.7.2.4(d), which is page number V44, and it describes Civic Institution Zones, and it reads in this little small section: "Adjustments to building disposition requirements, with the exception of setbacks, shall be allowed by process of waiver," okay? And, clearly, in this situation, there was a waiver that allowed for the building setback, so help me understand why there was a waiver granted in this situation; and maybe it's in the definition of "adjustments to building disposition requirements, " and so maybe you can explain that to me so I have a better understanding of what that means. Mr. Garcia: Happy to do so, sir. And I will agree with Mr. Savage that if the application had been submitted under that section for a waiver, we would not have been able to accept it, because a CI zoning designation, which is a fairly sort of extraordinary and exceptional zoning designation, precisely for civic buildings, does place a premium on respecting the dominant City of Miami Page 129 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 conditions in the abutting zoning designations; that's the intent, and the letter is what you just read, Commissioner, so an application under that section would not have moved forward. However, there is a section, which is Section 3.3.5 that I'm making reference to, which does allow for the waiver to be applied for, because, notwithstanding the fact that it's in CI, the same intent, which is to have proposed structures adapt to the context within which they are located, that very same intent is further strengthened by this, so they're complementary in that regard; further strengthened by this section of the Zoning Ordinance, which says if the building to the east and the building to the west have a certain setback condition, you, then, applicant, regardless of zoning designation, have the ability to at least apply for the consideration of a waiver, so that you, too, can match that line, because it is an aberration to require a setback of a building that's going to be surrounded by two buildings that are protruding farther out simply because the space created is simply not conducive to a good urban environment, especially in an area where you're trying to foster pedestrian activity. So what I'm saying to you is really twofold: One, in terms of intent, it is clear that the Code supports this application; two, in terms of the letter of the Code, this section is particularly tailored to address this particular kind of an issue, which is where a building is abutted by two structures that have a zero setback line or a setback line, whatever that may be, that the next building also be built according to that setback line. Vice Chair Hardemon: So would this setback line have been at zero feet? Would this typically have been at zero feet if not applied for the waiver? Mr. Garcia: Yes; that is what the Code provides for presently. And I'll add one more thing parenthetically, because I think it's relevant, also. Prior to the change to CI, which was, in part, done so as to secure the public hearing process, the designation of this particular lot happened to have enjoyed the SAP designation, which would have required that it be built to the base building line. So, again, that's only to reinforce the point that what is being proposed here certainly came as no surprise to anyone involved in this process. Vice Chair Hardemon: Mr. Savage, what setback are you proposing it should have been; 10,000? 20,000? Mr. Savage: The setback -- Vice Chair Hardemon: I'm sorry, 10 feet, 20 feet? Mr. Savage: To answer your question, Commissioner, the setback -- according to my clients, this should be developed according to the least -- the most restrictive abutting transect zone, which is T3, which provides for a 20-foot setback. Vice Chair Hardemon: Okay. And you don't make any consideration, whatsoever, for the SAP and other abutting setback structures that are actually there or will be built? Mr. Savage: Well, because -- it was very interesting to hear the testimony of the Planning director, because he essentially agreed that they could not award this under Civic Institution, so that he needed to fall back on Section 3.3.5, which he gave the correct citation. My paper is wrong; it says ".6, " but the language is the same, and it starts out by saying: "Where the property to be developed abuts an existing building," and if you listen carefully to -- Vice Chair Hardemon: What else does it say? Can you -- Mr. Savage: -- his testimony, it was all about buildings that are coming. Vice Chair Hardemon: -- finish reading that entire line? City of Miami Page 130 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Savage: Yes, sir. "Where the property to be developed abuts an existing building, " comma, "a waiver may be granted, so that the proposed building matches the dominant setback of the block and its context." So, as my opponent correctly -- and I thought adeptly -- described, you don't want buildings going in and out like this, and if everyone else got that, it would be unfair to make you build differently, but where we part ways is that I emphasize enforcing the first half of the sentence, which is, "Where the property to be developed abuts an existing building, " and all we heard was about future buildings that may occur. This is only triggered -- and they've agreed, it's their last place to get this relief -- you need an existing building to make this work. They don't have it; there is no existing building. And -- Vice Chair Hardemon: Before -- let's -- Mr. Savage: Yes, sir. Vice Chair Hardemon: -- I want to talk about that point. Mr. Garcia, I note this plot of land has two sides to it; an east and a west side. First, to the point of the existing building: Is there an existing building that has a frontage of a zero setback? Mr. Garcia: A permit has been issued for a building immediately abutting the proposed building that allows it to be built up to a zero setback line. That building exists, as approved by the City of Miami. It doesn't exist physically, I'll grant you that; that is very easy to ver . I will tell you that it does exist as permitted by the City of Miami. That is an actionable permit, of course, and as pertains to the context, I don't think there's any question about that. Vice Chair Hardemon: Can you repeat the sentence for me again? Mr. Savage: "Where the property to be developed abuts an existing building, " comma, "a waiver may be granted," et cetera. Mr. Garcia: This is, Commissioners, where we would respectfully invoke our ability to interpret the Code as to make sense of the language that exists in the Zoning Ordinance. It would I submit to you, be counterintuitive, to say the least, to apply a 20-foot setback to a building that is going to be immediately abutting buildings that are built to the setback line. To interpret that language in any other way would simply be an aberration in our respectful opinion. Vice Chair Hardemon: Right now -- Mr. Helfman: There is also a building there. Vice Chair Hardemon: -- before we move forward, one of the things I want to bring my Board's attention: The 3.3.6 talks about new buildings in established setback areas. It says, "The established setback shall be maintained," and then it goes on and says, "Galleries and arcades may be permitted within the first layer in the established setback areas, and shall not encroach upon the public right-of-way, except by the Special Area Plan. Where a gallery or arcade is permitted, the established setback area shall only be maintained if a gallery or arcade is provided. Where a gallery or arcade is provided" -- or "is not provided," rather -- "the setback for the underlying transect zone shall be maintained. " And then, it goes on and says -- and this is in Miami 21: "Established setback areas include" -- and one of -- it lists Brickell Financial, Biscayne Boulevard, and one is the Design District. It says, "Boundary. All properties bounded on the east by Biscayne Boulevard, and on the south by Northeast 36th Street, on the west by North Miami Avenue, and on the north by Northeast 40th Street," and it has a frontage setback of zero feet, and that's within the Code. So I'm -- my question here, for the appellee is: This property, does that fall within the boundaries of what is enumerated here under 3.3.6(c), the Design District? City of Miami Page 131 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Savage: It fronts on 41st Street; if that's within that boundary that you just described, yes. Vice Chair Hardemon: I don't -- so I don't want to misconstrue the details in this. Where it says, "Design District, all properties bounded on the east by Biscayne Boulevard, on the south by Northeast 36th Street, and on the west by North Miami, and on the north by Northeast 40th Street, front setback is zero feet," is this property a part of that? Mr. Garcia: No, sir, it is not under that definition, andl -- because this property fronts on 41st Street and fronts also on 42nd Street. The 41st Street frontage is the one that we're discussing here today. I must mention, however, that "established setback areas" and "dominant setback," as a concept, are two distinct items within the Zoning Ordinance, so I would encourage you not to cite that section, as it does not apply to this property. We are using 3.3.5 to make the references necessary for this particular waiver. And the other reference I'll make, because it may be somewhat confusing in context, is to the Special Area Plan, which, although it encompasses properties largely that are within the Design District, it also travels a little bit further north, and includes the properties abutting this property, and the Special Area Plan, itself makes reference to a zero setback line. Vice Chair Hardemon: In 3.3.5, where it says, "Where the property to be developed abuts an existing building" -- Mr. Garcia: Mm-hmm. Vice Chair Hardemon: -- "building" is -- I want to know, in this section, how is it that you define "building"? Mr. Garcia: A building in this particular case is -- thank you. A building in this particular case makes reference -- the definition for the building, as contained in the Zoning Ordinance, makes reference to the South Florida Building Code and State Statute, and so it really refers generally to any structure, right? Vice Chair Hardemon: I have a question for you, Mr. Savage: This statement says, "Where the property to be developed abuts an existing building, a waiver may be granted so that the proposed matches the dominant setback of the block and its context." It does not say that if there is a property to be developed that does not abut an existing building, a waiver may not be granted. It does not negate the ability to actually create a setback at zero feet, or a setback -- a waiver setback at whatever the dominant setback of the area is, so it does not specifically do that. So convince me why, just because there is no mention of it not allowing you to that this statement does not allow you to have in this case a waiver of the setback. Do you understand my question? Mr. Savage: I think I do, and I will try to wrestle it down. The reason why they don't have this as of right and they would never even need a waiver is because they're violating what's normally applicable to them. They're getting special permission. So they're not allowed to do what they're doing; that is established. Vice Chair Hardemon: But that's the part that I struggle with -- Mr. Savage: So -- Vice Chair Hardemon: -- Mr. Savage -- Mr. Savage: Yes, sir. Vice Chair Hardemon: -- because here, I was moved by your argument, but as I continue to read City of Miami Page 132 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 this sentence again and again, I realize that it does not say that a waiver may not be granted to someone who is building a proposed building abutting a -- where it does not abut an existing building. I realize that it does say that it may be granted if you're building a proposed building and it abuts an existing building. So one does not necessarily negate the other, and so here, where I don't have anything explicitly saying that we cannot grant that waiver, I am now turning to the area in which this project is being built, and I'm looking at the abutting buildings and the block and its context of what's presented in the future, so I don't have anything concrete, as you stated, saying this is not allowed. So, to me, it's not illegal; the Code is really silent to the issue, and because it is silent, the way that I read it now, considering the lack of the abutting building, as you put it, and -- but the block and its context, it seems to be that on the frontage of this, this falls in line with the block and its context; regardless of the fact that there is not an abutting building. Can you -- Mr. Savage: Well, if you -- let me posit this: If you agree that 3.3.5 does not address the situation before you, we have to go to the regulation at the bottom of my page, which goes to Civic Institution, which this is CI, and there's two places there where it's indicating the -- as the Planning director maintained -- that it has a special purpose of preserving the setbacks that are imposed by the adjacent zoning designation, and it even goes so far as to say -- to answer your question, nothing says that we can't do this, I disagree. It says, `Adjustments to the building disposition, with the exception of setbacks, shall be allowed by process of waiver." So they're saying you can change the building around, except for setbacks. So there's a protection of the setbacks. We were promised back at the time of the rezoning that they would adhere to the adjacent zoning regulations, and now, they're getting a waiver of those regulations. Chair Gort: Excuse me. I got a request. Commissioner Suarez and -- Commissioner Suarez: Do you mind? Vice Chair Hardemon: No, please. Commissioner Suarez: No, I just sort of wanted to touch on the last thing that you said, because I think it made a lot of sense, which is this is the Planning & Zoning Department, and they go through their process, and then they come to us. If you look at this block and the way that it's been built and is going to be built out, you want to have a coherent sort of development of the block, and I think it's actually less aggressive than it could be, because it could be zero lot, which is the way the De La Cruz Gallery is; it's at the actual property line. So I just think it would be a very awkward and -- you know, and if it were my district, it would be very awkward to be walking down that block and see these beautiful art buildings that are on the property line, and then, all of a sudden, 20 feet back, you have another building that's sort of hidden, and I think that's what the Planning director was trying to say; that there has to be coherence, and that's where the dominant setback is adhered to. Mr. Savage: Yeah, and one thing I know that -- Chair Gort: Whoa, whoa. Mr. Savage: I'm sorry. Yes, go ahead Mr. Garcia: Yes, if may, very briefly. Commissioner Suarez, you're exactly correct; and, of course, that is the very intent of the regulations that we are referring back to. I will invite you for a moment into my world, and it is a world where one has to use logic to introduce clarity and common sense into the language as applied. So against my intuition, but to build as strong a record as we want to build to support this application, I am left with making this argument -- I use this as a last resort: This particular section, 3.3.5, can be read in one of two ways: Quite literally, now, it says, "Where the property to be developed abuts an existing building," comma; City of Miami Page 133 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 the property to be developed does abut an existing building. Mr. Savage: Very important. Mr. Garcia: It matches that statement. And then the corollary is -- or the next part of the sentence is, "A waiver may be granted so that the proposed building matches the dominant setback of the block and its context." Clearly, the proposed building matches -- I'm going to read verbatim -- "Clearly, the proposed building matches the dominant setback of the block and its context; and clearly, the building proposed abuts an existing building." It so happens that, to make our argument stronger, the existing building is going to be demolished and replaced with a building that has already been permitted, which actually goes all the way to the zero lot line, because that's the dominant character of the block. So either way you read it, frankly, it applies. It both complies with the literal interpretation and it complies with the aspirational interpretation of this particular section; for which reason, we are recommending that you deny the appeal. Mr. Helfman: Precisely. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: Is there -- I mean, any further questions? Well, first, I wanted to give Mr. Savage an opportunity to have any final rebuts, unless there's any other questions from the Commissioners, but are there any final rebuts from you, based off of everything you've heard? Mr. Savage: Sure. I do want to thank yourself, especially, for going through this line by line. My arguments are not very sexy; they usually turn on the Code. I do want to respond that I do represent real people that live near this; they do have real concerns. There is a 10 percent increase of the fence in this item, and that does face the residential portion. We don't like the fence, and to make it 10 percent higher, I think goes in the wrong direction. And I -- also, again, if -- there's all this discussion of the zero lot line setback, as if that's the zoning, but it's really not. It's a CI zoning, which, by definition, has to track the adjacent, which is T3/T4, and so that's why we're here. Lastly, in my package, there is a picture of the existing little building that's there, about four pages back, and you can see that there's a good -- you know, I don't have expert testimony as to the exact measurement, but it's in excess of 12 feet, easy. So to give a zero or a two -and -a -half -foot setback is not compatible with what's on the street, and with that, I will conclude my remarks, and I thank you for the extra time. Chair Gort: Thank you. Vice Chair Hardemon: Thank you very much. Mr. Garcia, for the property that abuts the -- this ICA property, the permit -- were the setbacks granted, the permits for the setbacks granted at zero feet? Mr. Garcia: For the property abutting the subject property -- Vice Chair Hardemon: Right. Mr. Garcia: -- to the west? Yes, sir. Vice Chair Hardemon: So as far as the Planning Department is concerned, that abutting property's setback is zero feet? Mr. Garcia: Yes; as permitted and entitled by the City of Miami, yes, sir; building permits issued; yes, sir. City of Miami Page 134 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Vice Chair Hardemon: So tomorrow, they can build a property -- a piece of -- a building, they can build a building at zero setback? Mr. Garcia: The abutting property owner can detrimentally rely upon the City's action to build that building, yes, sir. Vice Chair Hardemon: Okay. Board members, considering all the testimony that I've heard today and all the facts that have been presented to us concerning this matter, I've heard the appellant and the appellee, and also from our City staff as to the reason for the analyses concerning these items, and after hearing these reasons and wrestling with Miami 21 and all of its complexities, and how this community should be developed as it pertains to properties that are directly abutting the property in question, I believe that the -- there was no error in the granting of the waiver of the setbacks that this property received. And with that being said, I would move that we deny the appeal -- Commissioner Suarez: Second. Vice Chair Hardemon: -- from the appellant. Chair Gort: There's a motion, Vice Chairman Hardemon; there's a second by Commissioner Suarez. Any further discussion? Vice Chair Hardemon: Well, the only thing I -- for the -- I would like to open up the floor for public hearing. Is there anyone from the public that'd like to speak on this item? Seeing none in this late hour, I close the floor for public hearing. Chair Gort: Okay. Vice Chair Hardemon: Move to a vote. Nicole N. Ewan (Assistant City Clerk): It's a resolution, Chair; you can vote. Chair Gort: It's a resolution. Commissioner Suarez: Aye. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Chair Gort: Thanks. Mr. Hellman: Thank you all very much. Thanks for your time. Mr. Savage: Thank you for your time. PZ.11 ORDINANCE 15-01219 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO. 75-135, THE BRICKELL KEY DRI DEVELOPMENT ORDER SUBJECT TO SECTION 380.06(19)(e)(2)(k), FLORIDA STATUTES, FOR REAL PROPERTY LOCATED AT APPROXIMATELY 750 CLAUGHTON ISLAND DRIVE, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", BY City of Miami Page 135 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 REDUCING THE PERMITTED NON-RESIDENTIAL FLOOR AREA BY 676,116 SQUARE FEET, INCREASING THE NUMBER OF RESIDENTIAL UNITS BY 668, AND BY PERMITTING A 3.75-ACRE LINEAR PARK ON THE ISLAND; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01219 SR Fact Sheet.pdf 15-01219 Analysis & PZAB Reso.pdf 15-01219 Application & Supporting Docs.pdf 15-01219 Legislation (v2).pdf 15-01219-Submittal-Lucia Dougherty-Brickell Key Chart.pdf 15-01219-Submittal-Iris Escarra-Brickell Key DRI Development Order Documents.pdf 15-01219 Legislation [v3].pdf 15-01219 Exhibit A - SUB.pdf 15-01219-Submittal-Planning Department -Exhibit B.pdf 15-01219-Submittal-Planning Department -Exhibit C.pdf 15-01219-Submittal-Planning Department -Exhibit D.pdf LOCATION: Approximately 750 Claughton Island Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Swire Jadeco LLC c/o Swire Properties FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will amend Resolution No. 85-812 for the Brickell Key DRI Development Order. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13572 Vice Chair Hardemon: Okay. So I'll call -- well, first, let's go a little out of order. Let's call PZ.11. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ. 11 is the second reading before you of the Brickell Key Development Order for a parcel at approximately 750 Claughton Island Drive. This is an amendment to the existing development order in order to exchange the development order that they already possess to allow the developer to develop a residential structure, as opposed to the office structure they presently are entitled to develop. As previously presented, this is being recommended for approval, as was by the Planning, Zoning & Appeals Board. And I would also like to highlight the fact that amendments have been made to reflect the proffer made by the applicant at the last hearing. I'm happy to answer any questions you may have. Barnaby Min (Deputy City Attorney): And just so the Commission is aware, the legislation that is in your backup -- or in your agenda -- is incorrect. If you recall, on first reading, it was City of Miami Page 136 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 modified on the floor to indicate 3.75 acres of parkland, which is currently not reflected in the legislation, so it'll have to be amended. What is adopted today would have to reflect the 3.75 acres. I would suggest, also, since there seems to be some misunderstanding, is that to be 3.75 acres on Brickell Key? Because there is some people who are of the opinion that it's 3.5 acres on Brickell Key; the remaining .25 acres can be anywhere, and I don't know if that -- Commissioner Sarnoff (UNINTELLIGIBLE)? Mr. Min: Anywhere within the City. Commissioner Sarnoff Oh. Mr. Min: I don't know if that was necessarily the intent of the Commission, so I think you may want to just clarify that for the record. Commissioner Sarnoff Yeah. 171 make the motion for 3.75 acres on Brickell Key. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded, as reflected in the motion that was just mentioned. Is there any unreadiness about that motion? This is just the motion for that; this is not the motion to adopt, correct? Commissioner Sarnoff Oh, it is a motion on the ordinance, as amended, modified to 3.75 acres. Vice Chair Hardemon: Understood. Is there anyone from the public that'd like to speak on this matter? Seeing none, close the public hearing. All in favor of the item, indicate so by -- Mr. Min: It is an ordinance. Nicole N. Ewan (Assistant City Clerk): It's an ordinance. Vice Chair Hardemon: It's an ordinance. I'm sorry. The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Your roll call on item PZ.11. A roll call was taken, the result of which is stated above. Ms. Ewan: PZ.11 is adopted on second reading, 4-0, as amended. Iris Escarra: Thank you very much. Vice Chair Hardemon: Thank you. PZ.12 ORDINANCE 15-00354ct Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP WITHIN THE FUTURE LAND USE City of Miami Page 137 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 ELEMENT AND THE 2020 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1, TO ESTABLISH THE MIAMI RIVER RESIDENTIAL DENSITY INCREASE AREA OVERLAY PERMITTING UP TO 400 DWELLING UNITS PER ACRE, AN AREA GENERALLY BOUNDED BY SOUTHWEST 5TH STREET AND THE MIAMI RIVER ON THE NORTH, THE METRO RAIL ON THE EAST, SOUTHWEST 3RDAVENUE ON THE WEST AND SOUTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WHILE MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00354ct SR Fact Sheet.pdf 15-00354ct Analysis, Maps, PZAB Reso &Additional Docs.pdf 15-00354ct Legislation (v2).pdf 15-00354ct Exhibit.pdf 15-00354ct-Submittal-Horacio Stuart Aguirre -Recommendation to Approve Miami River SAP with ( 15-00354ct-Submittal-Melissa Tapanes Llahues-Miami River City Commission Presentation.pdf 15-00354ct-Submittal-Melissa Tapanes Llahues-Petitions in Support of Land Use Plan Amendmen LOCATION: Miami River Residential Density Increase Area; generally bounded by SW 5th Street and the Miami River on the north, the Metro Rail on the east, SW 3rd Avenue on the west and SW 7th Street on the south [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 11-0. PURPOSE: This will amend policies of the "Interpretation of the 2020 Future Land Use Map" and "The 2020 Future Land Use Map Series" of the City's Comprehensive Plan to establish the Miami River -Residential Density Increase Area permitting up to 400 dwelling units per acre. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13567 Note for the Record: Please see Items PZ 13 and PZ.14 for minutes pertaining to Item PZ.12. Chair Gort: You ready, time certain? An hour and a half late, but PZ 12. Commissioner Carollo: We're still working with the developer, the Attorney's Office. Chair Gort: Can we make a presentation while we're waiting for --? City of Miami Page 138 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Carollo: Ask them. Chair Gort: You ready? Melissa Tapanes Llahues: We're ready. Chair Gort: Yes, sir. Francisco Garcia (Director, Planning & Zoning): Sir, will we be hearing items PZ.12, 13 and 14; is that correct? Yes, I'm happy to introduce them while they are setting up. Items PZ.12 -- Chair Gort: Please, keep them quiet out there. I might change my mind. Mr. Garcia: -- PZ.13 and PZ 14 are companion items. They are respectively to proffer an amendment for the Comprehensive Plan to provide for plans and documentation supporting a Miami River Special Area Plan, and also proffering a development agreement for said development project; those are 12, 13 and 14, respectively. They are before you today on second reading, and they were recommended for approval by the lower boards, including this department, for your consideration. I know that they will have a fairly detailed presentation to make to you, so I'll yield to the applicant, and certainly stand by to answer any questions you may have. Thank you. Commissioner Sarnoff It does suck. Chair Gort: Okay. Sorry I said that. Guys, you want a sidebar or --? Victoria Mendez (City Attorney): Chairman, I think we're working on IT (Information Technology) issues for a moment. Chair Gort: I can take a break. Commissioner Suarez: Okay, is Kevin in the back there, Kevin Burns? Later... Melissa Tapanes Llahues: Thank you for your patience. My name is Melissa Tapanes Llahues, with the law firm of Bercow, Radell and Fernandez. I'm here representing TG Miami River, LLC (limited liability company), the owner of approximately 6.2 acres of land that are the subject of PZ (Planning & Zoning) items 12, 13, and 14. I'm here, joined by the principal, R.E. Pearl; our project architect, Kobi Karp; our project landscape architect, George Puig; our landscape designer, Raymond Jungles; Agin Dukowski (phonetic), our traffic engineer; Nick Zwemer, our marine engineer; and my colleagues, Jeff Bercow, Ben Fernandez and Carli Koshal. Along with our co -applicant, the City of Miami, we're proud to present to you the Miami River Special Area Plan. This is a billion dollar investment into the City's Central Business District, as well as the City's Empowerment Zone that is the product of a two-year public/private partnership with the City of Miami, as well as the business and residential stakeholders of the Miami River, West Brickell and East Little Havana neighborhoods. This is a project of citywide importance. The project design celebrates the past, present and future of the Miami River by implementing the City Charter to create a public river walk that will serve to connect a network of public parks, such as Curtis Park, Sewall Park, Lumus Park, and Jose Marti Park, and bond the neighborhoods ofAllapattah, the Health District, Overtown, Little Havana, Brickell and downtown into one Miami. This is the vision of the City Charter brought to reality. The three items before you implement this collaborative vision of a new neighborhood that will transform the Miami River's urban environment into a dynamic, sustainable and safe mixed use destination that will connect the energy of downtown and Brickell to the cultural richness of Little Havana. City of Miami Page 139 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 In light of your personal involvement in this project and the overwhelming support stemming from our comprehensive outreach efforts, consisting of over two dozen public meetings, and our many supporters in the room who wish to speak, we'll provide you with a very brief presentation. It's important to note that at the time of acquisition, the property was simply an eyesore. At our team meetings at the Miami Riverside Center, we would look out the window at the vacant entertainment complex, the gritty warehouses, and the abandoned bungalows with squatters, and see a prime example of slum and blight with Brickell and downtown Miami in the background. This is the reason why the power [sic] is a federally -designated Empowerment Zone. It's a reminder of a story -- history of scandal that we, as a City lived and -- but we've put in our past. This is not gentrification; not one resident has been displaced as part of this development. We now -- as you can see, as you drive past the property on 1-95, you'll see that we have a clean slate to implement the goals, objectives, and policies of our City Charter, our Neighborhood Comprehensive Plan and Miami 21. The real ask here is simply a new residential density increase area. We are swapping intensity for density to create a sustainable mixed -use neighborhood. As we've seen in downtown and Brickell, mixed use is what makes neighborhoods safe, and that is what we're hoping to do; at the same time, our architect, Kobi Karp, has designed these four towers with a peek-a-boo organic concept to maximize air, light and visual corridors. You can see a example in our renderings. The State of Florida, the South Florida Regional Planning Council, Miami -Dade County have reviewed this residential density increase area, and have all issued letters of no adverse impacts on State, regional, County, and local infrastructure and facilities; most importantly, the introduction of additional residential uses will reduce the impacts on our City's infrastructure, including traffic. You'll see the net reduction of vehicle trips before you. Traffic and school concurrency have been reserved and satisfied. And again, this is simply a billion dollar project. Our hard construction costs are estimated to be over $925 million; our impact fees are estimated to be over $24 million; over 6 million alone to parks; and over 10 million to roads. This SAP (Special Area Plan) will not only benefit the immediate neighborhood, but the City, as a whole, in perpetuity. Today, the property taxes generated are approximately $520, 000; where our proposal increases that by 99 percent, for a total of $41 million per year, on an annual recurring basis. This $41 million per year is enough to -- for the City to start addressing the many challenging issues before us, such as affordable housing, homelessness, and aging infrastructure. In addition to the impact fees, ad valorem taxes, and direct and indirect economic impact, the project generates over $21 million in public benefit fees. By working with the City Administration and the neighborhood, the proposal before you is a program of public benefits that centers on improvements to Jose Marti Park, public plazas, mobility, transit and transportation that will directly impact and assist the surrounding neighborhood. We're here to respectfully request your approval of all three items, consistent with the favorable recommendations of the Miami River Commission, the Urban Design Review Board; the Planning, Zoning Appeals Board; and your professional staff that has been part of this process since day one. We ask that all testimony, data and analyses submitted into the record at all these hearings will be incorporated into this presentation, and our whole team is available for questions, and we respectfully request time for rebuttal. Thank you. Chair Gort: Thank you. This is a public hearing. Anyone would like to speak on behalf of this item? Nicole N. Ewan (Assistant City Clerk): Chair, I -- Ms. Tapanes Llahues: I do submit 95-plus petitions into the record. Ms. Ewan: -- do have several speakers signed up to speak. I'll be calling them in sets of three. Chair Gort: Okay. Ms. Ewan: Horacio Stuart Aguirre, Angie Gomez, and Brenda Rodriguez. City of Miami Page 140 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Horacio Stuart Aguirre: Mr. Chairman, Vice Chairman, good afternoon. Horacio Stuart Aguirre„ here before you as Chairman of the Miami River Commission; offices at 1407 Northwest 7th Street, in beautiful Miami River Corridor. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And please excuse me, Mr. Aguirre. Mr. Aguirre: Yes, sir. Commissioner Carollo: City Attorney advised me that before everyone starts speaking that I should do a Jennings disclosure, so I'm going to make a Jennings disclosure that for applicable provisions of Miami 21 and Florida law, I, as a City Commissioner, am disclosing that I met on October 14, October 15, October 19 and October 22 with Ari Pearl and Kobi Karp, the developer and representative for the developer; and other interested parties involving in this quasi-judicial hearing, and the subject of the meeting was the following: Development Agreement; specifically, benefit contributions in certain phases of the project; the need for affordable workforce housing; public safety; transportation in this area; and issues of the like. Thank you. Chair Gort: Thank you. Yes, sir. Mr. Aguirre: Thank you, Mr. Chairman. With me is the executive director of the Miami River Commission, Mr. Brett Bibeau, and I respectfully ask that he be following me, and that way, our presentation from the Miami River Commission would be one comprehensive package. I spoke to you gentlemen when this item first came before you two months, and I reported that, on behalf of the Miami River Commission, we were very enthusiastic. This is a very exciting project. It's in the Miami River Corridor; it's in the Miami River District; it certainly is in a blighted area that could use considerable enthusiasm; and it would be replacing some places that would be notably reprehensible if they were in any other area, especially the existing pink building, or what once was the pink building. This area is fresh; the project is light; it's airy; it's breezy. It's a very distinct improvement over what we've been seeing in all the traditional corridors, especially the Brickell Avenue or downtown. We strongly recommend it, and two members of the Miami River Commission did ask me to remind you that, notwithstanding the many momentous merits that this project has that there is some concern in the Miami River Commission for traffic in the area. Mr. Brett Bibeau. Brett Bibeau: Good evening. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. On October 6, 2014, the Miami River Commission reviewed the above -captioned item, the Miami River SAP, PZ.12, 13, and 14, as presented by the owner's development team, and the City of Miami, as co -applicant for the Miami River Special Area Plan. The Miami River Commission adopted a resolution finding the Miami River Mixed -Use Development Plan, as was presented, to be consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following three conditions: Number one, consistent with the current draft Development Agreements, Exhibit "G, " utilize the public benefit funding within this high -density development's impacted area, the Miami River District; number two, should latitude on the river fail to fund and construct the small approved public river walk section connecting latitude on the river's public river walk with the recently enhanced public river walk beneath the 2nd Avenue Bridge, then utilize a portion of this Miami River public benefit funding for this important and needed public river walk connector as a Plan `B. " The Miami River Commission appreciates the City of Miami latitude on the river, and NeoVertika's recent mutual efforts to bring the original Plan "A" to fruition, constructing the aforementioned needed public river walk City of Miami Page 141 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 connector without using Miami River SAP public benefit funding. Finally, number three, utilize the phase one 5.5 million of public benefit funding into a trust or bond to be used to construct the public river walk if the riverfront phase two is not constructed. The intent of this condition is addressed in the following subsequent addition, inserted into the draft Development Agreement. Quote: "Prior to the issuance of the first temporary certificate of occupancy for phase one, the developer shall record a notice of commencement, and commence construction of a public river walk on phase two of the property." Please note, the specifics of the proposed Jose Marti Park improvements were presented at the River Commission's July 13, 2015 public meeting, and the Miami River Commission again recommended approval in that case, 10-1. I sincerely appreciate the City of Miami and private sector's excellent development team for bringing this wonderful mixed -use development and significant public benefit investment to the Miami River District. Your time and support for the district are appreciated. Thank you. Chair Gort: Thank you. Next. Ms. Ewan: Angie Gomez and Brenda Rodriguez. Angie Gomez: Hi. I'm Angie Gomez. This is Audrey Gomez. My home address is 1900 Southwest loth Street. I was born and raised in Little Havana, and when I got married, I moved to the Beach, and my daughter was born on the Beach, but when I was pregnant with my second son, we decided to move back to Little Havana to be close to my mom. And what I do is I stay at home while my husband goes to work here in the Grove, and we are a one family car and -- I'm sorry -- we are a one -car family. I meet up often with my other girlfriends that have children. We go to the different parks. We go to the parks around my house, but we don't have a park like Jose Marti that is located in the river, and I wouldn't go there right now, because it's a bit sketchy. We would love to have that park renovated with a splash pad instead of having to go to Pinecrest or to Normandy Beach to use the splash pads and to enjoy the water in the park next door, and that's what we're really interested in. And we're in support, and so does my mother, who also lives in Little Havana. Thank you. Chair Gort: Thank you, ma'am. Next. The kids don't want to speak? They're too little. She's learning young. Ms. Ewan: Next three speakers: Scarlette Desbas, Karla Partillo, and David Molina. Chair Gort: Announce the next speakers also, please. Ms. Ewan: Next three speakers after that will be Graciela de Molina, Carolina Aguirre, and Stephanie Dupoux. Arva Jain: Arva Jain, also. Chair Gort: Yes, sir. David Molina: Hi. I'm David Molina. My address is 422 Southwest 15th Avenue. I've lived there all 23 years. I'm here today to ask for your support in favor of the project. We need to think about the temporary and permanent jobs that this project will produce for years to come. Many people who work in the construction industry only work for a certain period of time, and projects like these ensure that they don't run out of work. Also, the permanent jobs that this project will create with the buildings of a hotel, office, retail and restaurant jobs are much needed. These jobs assist families who have limited or no access to transportation with a close proximity to their home. So please vote "yes" this project for the jobs it will create. Thank you very much. Chair Gort: Thank you, sir. Next. City of Miami Page 142 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Jain: Hello. Arva Jain. I live at 720 Northeast 69th Street -- I just moved in your 'hood -- Miami, Florida, 33138. I'm here in support of the project. Thank you, Commissioner, for having this on the agenda today, going forward, and I want to commend the developer, the designers for the beautiful project, and for all the community outreach. I will let the Commissioners know I was present at a lot of those meetings for the outreach, and they were listening, and I think a lot of the things that are in the recommendations with the public dollars are being well represented, so I'm hopeful that all developers would do as good a job as you guys have done, so I'm here in support of the project. I've bought in that neighborhood with the hopes that this project would go forward, and I hope you all vote "yes." Thank you. Chair Gort: Thank you. Next. Karla Patillo (As translated by Maribel Alonso, Official Spanish Interpreter): Good afternoon. My name is Karla Patillo. My address is 422 Southwest 15th Avenue. I've been living there for 20 years. I would like for the funds that are going to be invested in the Jose Marti Park -- I would like for that money to be used to improve the lighting at night, because it is a very dangerous park. I would like for a fund to be created for our little dogs, so that we can take them out for a walk; and also, if they could build like a little river walk, like a little sidewalk next to the river, to be able to enjoy the park and the river. Thank you. Chair Gort: Thank you. Next. Commissioner Carollo: Mr. Chairman, I'm sorry. Ma'am -- I think she sat down. I just want -- I want to verij52 she wants additional lighting in the park? Because there's lighting right now. Ms. Patillo (As translated by Maribel Alonso, Official Spanish Interpreter): It's always dark; it's not well litted -- not well lit. Scarlette Desbas (As translated by Maribel Alonso, Official Spanish Interpreter): Good afternoon. My name is Scarlette Desbas, and my address is 422 Southwest 15th Avenue. From what I understand the project includes restaurants and retail stores, and these are things that we need to be careful with, or to pay attention to, because we will have the opportunity to be able to work close to our homes, and it is important, because transportation in the City is limited -- well, I would say very limited. This project, as well as the other ones, are going -- is going to bring job opportunities for our community and it's going to be close to us. We spend a lot of time every day in transportation, and this project and some other projects will create employment in the community. I ask you from the bottom of my heart that you please vote "yes" to this project, because we really need it. Chair Gort: Thank you. Ms. Desbas: Thank you. Chair Gort: Next. Ms. Ewan: Graciela Reyes de Molina. Chair Gort: Put the mike next to her. Graciela Reyes de Molina (As translated by Maribel Alonso, Official Spanish Interpreter): Good afternoon. My name is Graciela Reyes de Molina, and my address is 610 Southwest 9th Avenue, Miami, Florida, 33130. The money that is going to be invested in the park is necessary, because, right now, that park is dangerous, because when we go there to play with our children, we see young people around, looking down, looking for drugs and syringes. The project would be very City of Miami Page 143 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 important because she -- it would be safer for us and for our children, so it is really important. We beg you to approve it. Thank you very much. Chair Gort: Thank you. Next. Ms. Ewan: Carolina Aguirre, Stephane Dupoux, Miguel Cruz, Max Vlessing, and Ezra Katz. Chair Gort: Yes, sir. Stephane Dupoux: Hello. My name is Stephane Dupoux. I made Miami my home for the past 26 years. I live today on 4464 Prairie Avenue in Miami Beach. I develop hospitality projects throughout the City, and I have started getting interested in Miami River in the past six years. I've created and developed Sea Salt and Pepper in 2012. I always thought that the Miami River was an exceptional area, and I never understood quite well why it wasn't developed, yet when you see a city of the stature of Miami, and you see around -- city around the world with rivers that are completely developed, it's quite an amazing thing to have visionary such as the (UNINTELLIGIBLE) Group andAri Pearl, and Kobi Karp, creating projects like this. I'm so much for it that, you know, I'm very excited. I can't wait for that project to be realized and to be able to walk from where we are all the way down to the Perez Museum, all along the river; it's quite amazing. Thank you. Chair Gort: Thank you, sir. Yes, sir. Max Vlessing: Good evening, Commissioners. My name is Max Vlessing. I'm one of the founder and owners of the Water Taxi Miami, and we are very happy that, finally, somebody has the idea to build a beautiful new project like this; and has the idea, as well, to utilize the water taxi -- which we are built on the water here in Miami -- to be able to get access, so that we can connect, even the Miami part, but also Miami Beach, Virginia Key and other areas in the neighborhood together with a beautiful project like this. We are definitely a hundred percent very much in favor of this project, and we'd like to see more of projects like this, as well. Thank you very much. Chair Gort: Thank you, sir. Next. Miguel Cruz: Good evening. Miguel Cruz. 10 Southwest South River Drive, Miami, Florida, 33130. I'm a resident that lives just down the street from Jose Marti Park, and the type of renovations that this project will bring to that park are the ones that will keep the young families and young professionals that live in my building there for quite a long time. I know it definitely excites me, and it allows me to walk down and use it more often than I do, so I hope you guys support this, and thank you very much for your time. Chair Gort: Thank you, sir. Next. Ms. Ewan: Ezra Katz, Karolina Aguirre. The last three speakers that I have signed up for PZ.12, 13 and 14: Jesenia Rodriguez, Brenda Betancourt, and Miguel Soliman. Chair Gort: Don't all come at once. Brenda Betancourt: Good afternoon. My name is Brenda Betancourt, 1436 Southwest 6th Street. My concern are that communication between the staff of the developer to the residents, when they give them a little script and tell them what to come, to say in front of you in order for them to have the support of the community. I'm a community activist, and I feel very offended about it, that instead of them receiving support from those who actually supporting, they give them a script to come here and tell you what you need to hear in order for you to support it. I understand it's important for our community, it's important for the money that they going to City of Miami Page 144 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 contribute to our cause of making our Little Havana beautiful, but I think it's irrespectful [sic] from them, for them to lie to the people for them to come over here and speak in front of this Commission. I understand that there are many ways to try to get support, but I don't think that lying to the citizen is one. I think that if they are going to prove to us that they are going to met every single presentation they have done to our community, I hope, as I mentioned to him, and to Melissa, that they are going to be putting on writing exactly what they have showed to the residents, and nothing is going to be behind scenes, trying to improve of different aspect of this project with the money, and I want them to understand, in the same way that you, Commissioners, are your responsibility to represent us, that if they are having already a plan approved by all of you, I hope that plan stay and we are not going to be any changes, and they are going to give us the same thing that they have promise us. Thank you. Chair Gort: Thank you. Next. Miguel Soliman: Good afternoon, Mr. Chair. Good afternoon, Commissioners. My name is Miguel Soliman. I reside at 1436 Southwest 6th Street. I do have some slight concerns of some tactics that were used that I don't think were correct; but having said that, I do recognize this is an excellent project for the City. I do commend Mr. Ari Pearl for everything that he is doing, the money that he is going to be placing towards Jose Marti Park. As a previous speaker said, I just hope that the money is distributed according to what we have been told, and we have been told that the money is going a hundred percent to Jose Marti Park and to improving an exit on 1-95; to improving the roads around the park, and I do hope that that is what happens, and not the money being deferred somewhere else. Thank you very much. Chair Gort: Thank you, sir. Yes, ma'am. Barbara Rodriguez: Good afternoon, Mr. Chair and members of the Commission. Barbara Rodriguez, 411 Southwest 9th Street, Miami, Florida, 33130. I do have a script. I'm sorry, I'm not the best public speaker, so bear with me; I apologize. I was here a few weeks ago, asking for your support to move this project forward. I stand before you today, again asking for your support. I took it upon myself in my spare time to reconnect with my community. I live a few blocks away from the project, and a few closer to the park. I was very saddened by what I saw in the park. It is an underutilized park. The play area for children looked like something straight out of 1980; it was very sad. It made me very sad. I spoke to some of the women with their children. They basically told me that they leave the park no later than 4:45, because certain individuals hang out in the park, and they're scared for their children. I attempted to walk towards the water, and I have to say that I was a little bit scared, myself. I believe this project is going to connect our communities -- the east, the west side -- depending on which way you look at it. I think that there is this hard line that has been drawn, and we're not utilizing our community. This is a community park. I will admit to you, I frequent Kennedy Park more often than I should, because I'm a runner. I would love to run by the river, and I truly believe that the developer, the owner has made every effort to connect our communities, and I do think that in the next 10 years, Miami will become that city. I'm a lover of this Magic City. I believe in Miami, I believe in this project, and I urge you to please support the item. Thank you. Chair Gort: Thank you, ma'am. Madam Clerk. Ms. Ewan: Chair, there are no more speakers signed up for PZ.12, 13 or 14. Chair Gort: Okay, we'll close the public hearings. Ms. Tapanes Llahues: We're available for -- Chair Gort: Ms. Tapanes. City of Miami Page 145 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Tapanes Llahues: Thank you for listening to us all. We're available for questions. Thank you. Chair Gort: Thank you. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I want to begin the way I begun the last time, which was saying that this is a beautiful project. I commend the architect and the design team. I now know Kobi Karp, because it is a very, very beautiful project, so my commendations, once again. With that said, I raised some issues in the last meeting, and I am glad to say that I was able to meet with the developer and his team in order to address some of those issues. One of the issues was affordable housing and workforce housing. As everybody well knows, more and more, we're having issues in the City of Miami, particularly East Little Havana, your neighbors, with affordable housing, and I just can't see such luxurious buildings going up without addressing the issue of affordable and workforce housing, and that is one of the main conversations that took place with the developer and myself. We worked out to say -- and what I was looking is to see if we could potentially add 400 units of affordable and/or workforce housing, either in the project or in the immediate area. We came to an agreement of a total amount of $14 million to the Affordable Trust Fund for affordable and workforce housing. It is stagnated in different phases; however, on February 1 of 2016, the developer will put the first million dollars after -- and also submit plans for the first towers. Once he receives building permits for that first tower, which we're anticipating between three and six months, a second million dollars will be put to that Affordable Trust Fund. So, once again, it won't be five years down the road, ten years down the road; I mean, we will see this immediately. And it's something that I think is important, both for the project, the developers; and us, as Commissioners; and the residents, to see right away that we are addressing that issue, and I think that's -- do I read all this, Madam City Attorney? No? Okay. So I think that that's an extremely important issue, and I appreciate the developer's openness to address the issue of affordable and workforce housing. Additional, we know about the river walk, which is being addressed. We're addressing monies for parks and monies for transportation. One issue that I had, and I addressed with the developer, is also, that area is getting more, and more, and more congested with people. And, unfortunately, people do have accidents and issues. And it won't be the first time that I mention, you know, that public safety is a priority, and for having one fire station, one rescue station only in that area, it will cause fatalities in the future, or the potential of fatalities in the future, because as we come more dense, and we deal with the traffic issue, the response time is going to increase. So I worked with the developer where he has agreed that they will provide 85-square-foot area for our Fire Department, so we could have rescue -- Victoria Mendez (City Attorney): Eighty-five hundred. Commissioner Suarez: No, no, no -- Commissioner Carollo: Eighty-five hundred. Commissioner Suarez: -- it can't be 85 square feet. Commissioner Carollo: Eighty-five hundred square feet. Commissioner Suarez: Oh, okay, I was going to say, because that's a very small -- Commissioner Carollo: Sorry. City of Miami Page 146 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Commissioner Suarez: -- fire station. Commissioner Carollo: Sorry, no; 8,500 square feet, so that we could be closer to our residents and be able to provide the services at a reasonable response time, and address that issue. I don't know how much details you want me to get into, Madam City Attorney, or not. I know we have an amendment; at the same time, there's one issue I addressed with the developer. Even though these public service, public benefit dollars are mentioned and are done in phases, if the buildings aren't built, or if the phases don't come about now, in five years, in 10 years, in 15 years, we have still given approval for this project, and the density and the height; yet, if they pay us in ten years, or in 15 years, that amount is not in today's dollars. So in reality, $14,000, 15 years from now, will purchase much less, and will construct much less affordable housing than they will if we have it right now; therefore, I have spoken with the developer, and he has agreed that at the end of the third year, we will begin on whatever public service dollars have not been paid to have CPI (Consumer Price Index) compound -- CPI to a maximum of 2.75. And again, Madam City Attorney, I don't know how much of this you want me to read exactly from our agreement, or our amended, or not, so you let me know; but with that said, I truly appreciate the opportunity to meet with you, Mr. Pearl; work out the issues that I think are really important to our residents; and again, all of our residents. So here, we have public service dollars, public benefits dollars going to transportation, going to parks, going to the river walk, going to affordable and workforce housing, and going -- and at the same time, addressing the issue of public safety with Fire -Rescue. Commissioner Suarez: Second. Commissioner Carollo: I make it as a motion with -- as amended by the City Attorney. Ms. Mendez: Yes. And -- Chair Gort: There's a motion -- wait a minute -- there's a motion and a second. Discussion. Yes, Madam Attorney. Ms. Mendez: Yes. I just wanted to clarify, the CPI portion that you just discussed we need to add that, because that's still not here, and I just wanted to make sure that the developer understands what was said on the record with regard to that index. Ari Pearl: Thank you. Ari Pearl, developer at 226 Southwest 5th, on the Miami River. What I understand is, as far as CPI, it starts at a pace of zero; after three years, CPI starts to accrue at whatever that CPI level is. Commissioner Carollo: Compound. Mr. Pearl: To a maximum of 2.75 percent. Commissioner Carollo: Exactly. Ms. Mendez: Okay, thank you. I wanted to just clarify that for the record. And what the Commissioner stated has been memorialized with regard to those issues. One other thing that I wanted to address was with regard to $1.5 million, Commissioner, for the special revenue fund that's earmarked for transportation. Did you want to address that? Commissioner Carollo: I think it's going to be on the third phase -- help me, Mr. Pearl -- on the third phase. Ms. Mendez: It's prior to temporary -- City of Miami Page 147 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Mr. Pearl: Prior to the temporary certificate of occupancy for phase three. Commissioner Carollo: Okay, and I'm okay with that. Commissioner Suarez: Mr. Chair, ifI may ask a question on that? Chair Gort: Yes, sir. Commissioner Suarez: That's going to be deposited into the Transportation Trust Fund? Commissioner Carollo: I don't have a problem with that. I was setting it up to a special revenue fund; however, we could do the -- Daniel J. Alfonso (City Manager): The capital fund. Commissioner Carollo: -- special revenue fund could be the Transportation Trust Fund, so -- Commissioner Suarez: Agreed. Commissioner Carollo: -- earmarked for what is stipulated by the City Attorney, but -- Ms. Mendez: Which has to do with the Little Havana trolley. Commissioner Suarez: Actually, that would be the ONM Fund then, yes. Yeah, because that would be the -- yes, yes, yes. Commissioner Carollo: It's still the -- Commissioner Suarez: Right, I agree. We're in agreement. Commissioner Carollo: Yes. Ms. Mendez: Okay, perfect. And then -- but those were basically the big ticket items, and there's also a Schedule "G" that will memorialize some other improvements that the developer has proffered in addition to this, so. Mr. Pearl: Could I just clam on the first item that the first million dollars will go in when we pay our permit fees for the first tower, for phase one; and the second million dollars gets paid when we receive the building permit; is that what --? Commissioner Carollo: For the first tower. Mr. Pearl: For the first tower. Commissioner Carollo: However, those building permits, you will submit by February 1, 2016,- therefore we should expect -- Mr. Pearl: Correct. Commissioner Carollo: And if you do not submit the building permits by February 1, 2016, we still get that $1 million. Mr. Pearl: Correct. That $1 million is due, one way or another, by February 1, 2016. As another item discussed was the paramedic station, I just want to, you know, clarify that it's a -- you know, when it's called a "Fire -Rescue Station," it's meant to be a paramedic station for City of Miami Page 148 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 ambulances. Commissioner Carollo: Rescue. Mr. Pearl: Rescue, but ambulance -type vehicles and not -- Commissioner Suarez: Not fire trucks. Mr. Pearl: -- fire trucks. Commissioner Suarez: Understood. Ms. Mendez: The 8,500 square feet, I don't think it would be able to hold one of the -- Commissioner Suarez: No, it wouldn't. Ms. Mendez: -- big fire trucks. Mr. Pearl: Right. Commissioner Suarez: Nor the 85-foot one, either. Mr. Pearl: Right. I'm good. Ms. Mendez: Okay. And I just wanted to clam that all this information will be amended to Section 11 of the Development Agreement, which is your PZ 14, so that's what's going to be amended; and, obviously, this public hearing is for PZ items 14, 13, and 12. Thank you. Chair Gort: Chief I'd like to ask you a question. My understanding, I heard three different fire stations going to be built. One is going to be built at the Southwest 8th Street and Miami Avenue. According to the progress that you guys have been getting into meeting, my understanding, there was another building we just approved today that also is going to have a fire station. Ms. Mendez: Chairman, are you -- is it with regard to the All Aboard -- Chair Gort: Right. Ms. Mendez: -- item? That one is close to -- Chief Maurice Kemp (Department of Fire): Would you like me to address it? Ms. Mendez: Yes, please. Chair Gort: Yes. Chief Kemp: Maurice Kemp, Fire Chief. The item that was discussed earlier, the All Aboard item, is in reference to relocating Fire Station Number 1, which is 144 Northwest 5th Street. It's our oldest and most -- and the station that's in worse condition; that's a totally separate issue, it's relocating that station. And citywide, we're working on several projects. As the City becomes more dense, our needs have evolved, so there are several projects in the works, and all of them are important to the Fire Department. Chair Gort: Okay, thank you. Vice Chair Hardemon: Mr. Chairman. City of Miami Page 149 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Yes, sir. Vice Chair Hardemon: The only comment that I had, when I look at this agreement -- and first, I'd like to applaud the district Commissioner for his negotiations with this entity, and -- because there are a lot of things that are within this agreement that would have never been in an agreement two years ago, but with that being said, with the progress that we've made towards new agreements, there's a couple -- well, I think one thing particularly that this -- well, two things that I think this agreement is lacking: One, I think it took a step back in the wrong direction towards the language that we called -- the aspirational language that would be in contracts many of the times for development agreements -- and so, use diligent, good faith efforts to achieve, as applicable, the following aspirational goals. And those -- that type of language has always been troublesome, I believe, in our City contracts. And then -- so that's one. But two, it doesn't have any penalties associated with anything -- especially with the City of Miami being a partner with this contract -- penalties for not meeting those aspirational goals. I do applaud the wage benefits. At $12.83, I think that that's significant; not in its amount, but significant in its step towards -- in the right direction, but seeing that there are no penalties there; that these are aspirational goals, it would have been a great thing to see that number, say, increase by $2 or so, to make it something that was palatable to people if they were workers on this, this agreement, considering that there are no penalties if these goals are not met, and that's my only comment. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I would ask, then, Commissioner Hardemon, what do you suggest? And keep in mind -- and I think it was made mention before -- that I think we moved mountains with the time that we had. I would have preferred, and my preference -- and I said that publicly -- would have been to have more time, because, as you see, it's not a small document; it's a pretty big document. So trying to grab everything or ask for everything makes it difficult. With that said what do you suggest with regards to penalties? Because I will entertain your suggestion; and at the same time, you know, you have the developer and his representative here, to see if it's something reasonable that maybe we could -- Vice Chair Hardemon: Well, first, I think that penalties, they require some digestion, digesting. You have to digest and really calculate the amount and the effect that penalties will have on your total project, and so that, indeed, takes time and -- before you respond -- that, indeed takes time, and I'm not -- so I wouldn't, on the dais, make that request for an item that's within your district, but I will say that one item that you can calculate a little bit more feasibly is the amount of money that someone receives as a minimum wage, and so in lieu of a penalty, I think something that would be less detrimental to the developer would be an additional $2 in wages. Commissioner Carollo: I'll yield to -- Ms. Tapanes Llahues: Mr. Chair. Commissioner Carollo: -- the developer on that. Chair Gort: Yes, ma'am. Ms. Tapanes Llahues: Mr. Chair, this language was provided to us from the City of Miami, following your negotiations with Miami World Center. Vice Chair Hardemon: I will tell you this: It is not the same. It's similar -- City of Miami Page 150 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Tapanes Llahues: Okay. Vice Chair Hardemon: -- but it is not the same. Ms. Tapanes Llahues: The issue of $2 additional for the minimum wage, we anticipate that these are construction jobs, which are significantly over the $12.83. This is just the minimum wage that we are speaking to. There are -- although there are aspirational goals, you should know that the penalties for not meeting and moving forward, aspirationally [sic], as provided in the agreement is that the City has the power to withhold permits. The reason why we can't agree to additional -- increasing that minimum wage is because of the timing of the project. Pursuant to our discussions with Commissioner Carollo, we've already -- we're in the process of submitting for permits, and we already have construction agreements based on this language, so to increase it even from minimum wage would render our timing that we've just agreed to with Commissioner Carollo troublesome. Vice Chair Hardemon: And I will say, Mr. Chairman, that those type of arguments fall on deaf ears, and they do so for me, because it becomes something that I've heard time and time again, which is, "We've negotiated with our contractors and our subcontractors, and this is the language that we've agreed upon," but then again, this isn't the language that has been passed by the City Commission, so it's -- that part, to me, has always been troublesome, and (UNINTELLIGIBLE) the more times that we go through these experiences, and I see the same attorneys before us, I think the more keen you all become on how these development agreements can be changed and what that means to your relationship with your contractors and your subcontractors; but then, again, like I said, that was an issue that I have that I want to bring, at least, to the attention of my dear Commissioner to the right of me, and if that is something that he wishes to discuss, that is something that he can; if not, you know, I'm prepared to move forward. Commissioner Suarez: Can I just say something? I think you make a good point. I think it's hard to do in the context of a project at this moment right now. It may be part of a broader conversation, but I think for purposes of -- and you've been very -- in the deals that you've structured, you've been -- as Commissioner Carollo was involved in this one -- you've been very involved, soup to nuts, "A" to "Z" on those projects, and we've supported you, because we believe in the ideas that you're promoting, and we think that they're the best for the community. I think in this particular case, we have to move forward, but I do think it's the predicate for a broader conversation. We have pushed the envelope tremendously, based on your leadership on this issue; maybe even further than some people would have felt comfortable with otherwise, because of the passion with which you advocate on this issue, but, you know, I don't think it's appropriate to do it at this juncture, at the -- sort of the eleventh hour, if you will, from the dais, and -- but I do think it could be -- form a larger conversation, a broader conversation, because we're doing it in the context of CRA (Community Redevelopment Agency). In that context, we're giving, you know, subsidies. In this context, it's a little different. It's more of a zoning context, it's more of a planning context; it's a little different. I'm not saying -- Vice Chair Hardemon: Major variances, though. Commissioner Suarez: I get it, I get it, but I'm saying like we're taking -- you know, we're getting there. We've taken major steps, and so, you know, I appreciate you bringing it to our attention. I think, certainly, it's something to consider, and there will be many more billion dollar projects in the future, but, you know, I think, for now, I think out of respect for the work that has been done to get to this point, I think we should just pass this item, as is. Chair Gort: Thank you. City of Miami Page 151 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Ms. Mendez: Vice Chairman Hardemon, I will make sure that the next development agreement that's coming through, that we make sure that we give the appropriate language, based on some of the previous ones that you've negotiated. Vice Chair Hardemon: You know, each development agreement is different, you know, but I think there are standards that we have set, just because of the nature of our agreements in the past and we've -- what we've negotiated, and I think that at this point, people who come before the City Commission have learned to expect that we believe in certain core values. We believe in poverty reduction; we believe in better paying jobs; I mean, we set forth policy that have identified these as major goals. And so, as stated by the applicant, this language -- just with a little clarification -- it mirrors some of the language that we've had in our previous negotiations, especially with World Center, but you'll remember in World Center, there were significant penalties that were negotiated in that, also, but there -- the wording in which the aspirational language, as it states here, was not in World Center, and it has not appeared in many of the agreements that we've negotiated in our recent past, but like I said, you know, that is just something that I wanted to bring to the attention of the Board, and I am not going to stand in the way of this project moving forward, so I just wanted to be heard on the issue. Thank you. Chair Gort: No, I understand, because the way it was stated before, it depends on the type of development, what they're getting from the City and what they're returning; what's the return on investment that the City's making. Okay, any further discussion? It's an ordinance. Ms. Mendez: For PZ.12, first. The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Roll call on item PZ.12. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ 12 is adopted on second reading, 5-0. PZ.13 ORDINANCE 15-00624ap Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES (444,696 SQUARE FEET) INCLUSIVE OF CITY OF MIAMI OWNED LAND, FOR THE MIAMI RIVER SPECIAL AREA PLAN ("MIAMI RIVER SAP"), A MIXED USE DEVELOPMENT APPROXIMATELY LOCATED WITHIN THE BOUNDARIES OF THE MIAMI RIVER TO THE NORTH, SOUTHWEST 7 STREET TO THE SOUTH, SOUTHWEST 2 AVENUE TO THE EAST, SOUTHWEST 3 AVENUE TO THE WEST, AND THE EASTERN PORTION OF JOSE MARTI PARK, EXTENDING NORTHWEST OF THE MIAMI RIVER AND TERMINATING AT SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SAP CONSISTS OF A PHASED PROJECT DIVIDED INTO FIVE (5) PARTS WHICH INCLUDES APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) City of Miami Page 152 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) A MINIMUM OF 35,964 SQUARE FEET OF CIVIC SPACE; AND H) A MINIMUM OF 15,175 SQUARE FEET OF OPEN SPACE; THE MIAMI RIVER SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION IS NOT SPECIFICALLY MODIFIED, THE REGULATION AND RESTRICTION OF THE MIAMI 21 CODE APPLY; THE NUMBERS OF FEET STATED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE BY NOT MORE THAN FIVE PERCENT (5%) AT THE TIME OF THE BUILDING PERMIT BUT SHALL NOT EXCEED 4,181,087 SQUARE FEET OF THE DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO RELEASE THE FOLLOWING TWO COVENANTS ON THE PROPERTY WHICH ARE NO LONGER NEEDED: COVENANT RECORDED AT OFFICIAL RECORD BOOK ("ORB") 24997 PAGE 2543, AND AT ORB 24194 PAGE 1806, RESPECTIVELY, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624ap SR Fact Sheet.pdf 15-00624ap Analysis, Maps & PZAB Reso.pdf 15-00624ap Application & Supporting Docs.pdf 15-00624ap Legislation (v3).pdf 15-00624ap Exhibit A- Exhibit D.pdf 15-00624ap-Submittal-Horacio Stuart Aguirre -Recommendation to Approve Miami River SAP with 15-00624ap-Submittal-Melissa Tapanes Llahues-Miami River City Commission Presentation.pdf 15-00624ap-Submittal-Melissa Tapanes Llahues-Petitions in Support of Land Use Plan Amendmer LOCATION: Approximately located within the boundaries of the Miami River to the north, Southwest 7 Street to the south, Southwest 2 Avenue to the east, Southwest 3 Avenue to the west, and the eastern portion of Jose Marti Park, extending Northwest of the Miami River and terminating at Southwest 2 Street, Miami, Florida [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River LLC. Daniel J. Alfonso, City Manager, on behalf of the City of Miami, as co -applicant. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. See supporting documentation. See companion File ID 15-00624da and File ID 15-00354ct. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on June 3, 2015, by a 10-1 vote. PURPOSE: This will allow the area to be Master Planned to allow a greater integration of public improvements and infrastructure and greater flexibility as part of the "Miami River Special Area Plan (SAP)." Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 153 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13570 Note for the Record: Please see items PZ 12 and PZ.14 for minutes pertaining to item PZ 13. Chair Gort: PH.13 [sic]. Francisco Garcia (Director, Planning & Zoning): Commissioners, ifI may, briefly, as pertains to item PZ 13, our request is and our recommendation is that you approve it with the conditions set forth as backup; with one exception, of course, just to clar fy the record, that any references that are made to the conditions reflect the amended development order, as opposed to the previous development agreement. Chair Gort: Okay, discussion. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? An ordinance. The Ordinance was read by title into the public record by the City Attorney. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ. 13. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ 13 is adopted on second reading, 5-0, as amended. PZ.14 ORDINANCE 15-00624da Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN CG MIAMI RIVER LLC, APPLICANT ENTITY AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES FOR THE MIAMI RIVER SPECIAL AREA PLAN ("MIAMI RIVER SAP"), A MIXED USE DEVELOPMENT, LOCATED WITHIN THE BOUNDARIES OF THE MIAMI RIVER TO THE NORTH, SOUTHWEST 7 STREET TO THE SOUTH, SOUTHWEST 2 AVENUE TO THE EAST, SOUTHWEST 3 AVENUE TO THE WEST, AND THE EASTERN PORTION OF JOSE MARTI PARK, EXTENDING NORTHWEST OF THE MIAMI RIVER AND TERMINATING AT SOUTHWEST 2 STREET, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SAP CONSISTS OF A DENSITY INCREASE AREA FROM 200 TO 400 DWELLING UNITS PER ACRE; FOUR (4) TOWERS BETWEEN 58 AND 60 STORIES, APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL City of Miami Page 154 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) A MINIMUM OF 35,964 SQUARE FEET OF CIVIC SPACE; AND H) A MINIMUM OF 15,175 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, AND ANY OTHER USES AUTHORIZED BY THE MIAMI RIVER SAP, AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624da SR Fact Sheet.pdf 15-00624da Supporting Documents.pdf 15-00624da Legislation (v2).pdf 15-00624da Exhibit A.pdf 15-00624da Exhibit 1.pdf 15-00624da-Submittal-Horacio Stuart Aguirre -Recommendation to Approve Miami River SAP with 15-00624da-Submittal-Melissa Tapanes Llahues-Miami River City Commission Presentation.pdf 15-00624da-Submittal-Melissa Tapanes Llahues-Petitions in Support of Land Use Plan Amendmer LOCATION: Approximately within the boundaries of the Miami River to the north, Southwest 7 Street to the south, Southwest 2 Avenue to the east, Southwest 3 Avenue to the west, and the eastern portion of Jose Marti park, extending Northwest of the Miami River and terminating at Southwest 2 Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River, LLC FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enter into a development agreement for the "Miami River" SAP. 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 13571 Note for the Record: Please see items PZ 12 and PZ.13 for minutes pertaining to item PZ.14. Chair Gort: PZ 14. Nicole N. Ewan (Assistant City Clerk): Chair, can we have a motion? Commissioner Carollo: Move it. Commissioner Suarez: Second. City of Miami Page 155 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Roll call on item PZ.14. Commissioner Sarnoff. Commissioner Sarnoff Yes. Ms. Ewan: Vice Chair Hardemon. Vice Chair Hardemon: I want to -- I will say that you're smiling, Suarez. I believe that these are two steps forward, but one significant step backwards; but still, there's progress, so in the spirit of that progress, I vote `for." Ms. Ewan: Continuing with the roll call. Commissioner Suarez. Commissioner Suarez: Yes. Ms. Ewan: Commissioner Carollo. Commissioner Carollo: Yes, as amended. Ms. Ewan: Chair Gort. Chair Gort: Yes. Ms. Ewan: Item PZ 14 is adopted on second reading, 5-0, as amended. Melissa Tapanes Llahues: Thank you, gentlemen. Vice Chair Hardemon: Congratulations. 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 City of Miami Page 156 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 D4.1 15-01317 District 4- Commissioner Francis Suarez NA. 1 15-01448 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING WYNWOOD WATER TAXI LOCATIONS. 15-01317 E-Mail - Discussion Item.pdf 15-01317 Routes.pdf 15-01317 Pictures.pdf DEFERRED END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 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 NOVEMBER 19, 2015, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF MARYLYN JELKS, AS GUARDIAN OF THE PERSON AND PROPERTY OF MARY MIFFLIN-GEE v. CITY OF MIAMI. DISCUSSED Victoria Mendez (City Attorney): (INAUDIBLE) Commissioners, pursuant to provisions of Section 286.011(8), Florida Statute, I'm requesting at the next City Commission meeting of November 19, 2015, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in cases of Marylyn Jelks, as guardian and person and property of Mary Mifflin versus City of Miami, Case Number 13-026644 CA-01, pending in the Circuit Court of the 11 th Judicial Circuit in and for Miami -Dade County. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to the litigation. Thank you. Chair Gort: Thank you, ma'am. NA.2 DISCUSSION ITEM City of Miami Page 157 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 15-01450 MAYOR REGALADO, CITY COMMISSIONERS AND OMNI CRA DIRECTOR, PIETER BOCKWEG, PAID TRIBUTE TO COMMISSIONER SARNOFF, THANKING HIM FOR HIS NINE (9) YEARS OF SERVICE AS DISTRICT 2 CITY COMMISSIONER AND CHAIR OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY; RECOGNIZING HIS CONTRIBUTIONS IN THE AREAS OF PARKS AND DEVELOPMENT WHICH RESULTED IN ENRICHMENT OF THE QUALITY OF LIFE FOR THE RESIDENTS OF THE CITY OF MIAMI. DISCUSSED Mayor Tomas Regalado: Okay. So we are almost ready to start the Commission session, but still, we have some pending matter, and I think this is important, Mr. Chairman, Commissioners -- we need you here, Commissioner Carollo -- because today, we are honoring someone that has been part of the City of Miami for many years. I had the honor of serving with him as a member of the City Commission, and believe me that I understand what is to be a 3/2 vote in many issues, and I was one of the two and he was the other one of the two, and he has done good for the City of Miami. Well, we are talking about Marc David Sarnoff, and -- Applause. Mayor Regalado: Mr. Chairman, Commissioners. Chair Gort: I have to tell you, I was here from '93 to 2001; I think I knew it all. I had to come back in 2010. When I come back, Commissioner Sarnoff was there, and I learned a lot from him. He would sit there very quietly. We all be discussing the issues; he'll be taking notes. We'll discuss resolution we want to pass, how do we want -- we argue for an hour of how to do a resolution, then he'll come up at the end and he says, "This is the way the resolution should be," and he drafts the resolution. I've learned a lot from you. I respect you. You have accomplished a lot. We just inaugurated two weeks ago Movie Studios in the City of Miami. No envy to any of the studios in Hollywood. That was his work and his -- pushing. And if you talked about -- you want to ask about CRA (Community Redevelopment Agency), what they do, all you have to do is go through -- to the CRA area and look at Biscayne Boulevard, look behind; look all that's been done within the City of Miami, thanks to them. So it's been an honor to serve with you, and thank you for everything you've done. Applause. Commissioner Carollo: Thank you, Mr. Chairman. Actually, my start with Marc was a little unusual. Our start was -- there was only two Commissioners, and it was being questioned whether the City of Miami was paralyzed or not, so that was my start. That was my first week as a newly minted City Commissioner. And as you could see, from that time till now, we've come a long ways. I'm not going to lie to you; it's not like Commissioner Sarnoff and myself haven't had our good debates, but I think it's always been in the spirit of doing what's right for the City of Miami and vetting out every ordinance, every issue to make sure that we do what's right for the City of Miami. So I have enjoyed working alongside Commissioner Sarnoff, and I wish you all the best. Applause. Vice Chair Hardemon: I had the latest start with Commissioner Sarnoff, but one thing I will say is that I've learned a tremendous amount of things from you, and I appreciate the way that you've conducted yourself on this Commission. And I think being a part of this, and knowing what you do for a living, I look forward to many conversations that we'll be able to have now that your term is coming to an end in the City Commission. And there were many times I've wanted to sit City of Miami Page 158 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 down and just pick his brain, but some limitations we've had because of the sunshine caused me not to be able to do that, so I look forward to your life after the City Commission. I'm sure you're going to be very active in whatever you decide to do. And I'm -- it's just been a pleasure to be here with you. Thank you. Applause. Commissioner Suarez: So I met Commissioner Sarnoff actually before he was elected; when he was a gadfly chairman of the Coconut Grove Village Council running against a very well -established, well funded candidate, and then I had the opportunity later on to serve with him, and I can tell you that -- first of all, I want to say -- reiterate something that the Chair said: your record has been one of accomplishment, and I think it's undoubtable, even to your fiercest critics, that you have been a person of accomplishment. The district is different diametrically than when you got it, and it's for the better. We have more parks. We have more beautiful buildings. We have a variety of other things that enriched the quality of life; our trolley program that we worked together on, recycling, et cetera. So it has been a record of accomplishments. But as all our colleagues said here today, it's been enjoyable working with someone who's always prepared working with someone who always elevates the level of discourse, and working with someone who's firm in his convictions; and for me, that's all you can ever ask for from a Commissioner. Thank you. Applause. Daniel 1 Alfonso (City Manager): Commissioner, sir, I honestly just want to say, I want to thank you for the opportunity that I've been given to work with you. I've appreciated working with you. And the dialogue that we've had, it's always been good, articulated agreement and disagreement at times, but it's always been cordial and it's been honest, and I've appreciated that. So thank you very much, sir. Applause. Victoria Mendez (City Attorney): Thank you. So, Commissioner Sarnoff, when we started off working together, we actually started off on opposite sides, and I remember -- I will always remember the one thing that you said when you were head of the Coconut Grove Village Council, and we started off on all our tree stuff together, and we had just started the City View Program, and it wasn't on line yet, and it was issuing all of our orders; and it was a very contentious case in the Grove, having to do with 10 or 15 trees that were taken down, and the Grove was up in arms, and you were so upset because we weren't able to issue these orders yet, and you said, "Madam City Attorney, I cannot believe; you should have issued those orders with a crayon, if you had to." And I was -- I did not know what to say, because you were right; we weren't able to just -- we had a glitch in the system, and at that point, we were on opposite ends, but through the years, we've grown to work together on some amazing projects, and I want to thank you for everything that you've done for the City. You've done amazing things that will, you know, go forward and be remembered and have a great legacy. So thank you for all the hard work you've done. Thank you for all the hard work you've given me. And we'll miss you. Applause. Commissioner Sarnoff. Well, I got to say, I'm not usually at a loss for words, and I didn't know this was going to be today, so instead of trying to thank everyone, but I'd like to thank some people, and I'd like to thank my fellow Commissioners from a person I called my Vying man,'hnd he never really was my wing man, because he's his own man, Francis Suarez, for, I think, a beautiful vision for the City of Miami, and I think you're beginning to see him grow, and I look forward to seeing his career progress. To Commissioner Hardemon, who I didn't support in the beginning, and it's probably one of the mistakes I made on the dais, because he is an intelligent, City of Miami Page 159 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 forthright, well -thought-out man, and I'd love to watch his career progress. And to my protagonist, Frank Carollo, who I actually, personally, like Frank a lot. We don't see eye to eye, but Frank has a good saying up here, "Let's debate the issue, " and debate is good and public discourse is always fun and -- as long as we do it in professional way, and I've never known Frank or myself to engage in anything but professionalism, so hopefully, I'll still be able to have that protagonistic relationship with you, and we can continue. And to Mayor Regalado, who I remember as Commissioner Regalado, always sitting -- usually, I think I sat to your -- you were to my left, you were -- I was to your right, and it was fun watching him have a different vision of a different Commission, and now he's the Mayor of Miami, and I think he was a good steward for very tough times that we went through and brought us through them, and now we're in very good financial times, so I think he should be congratulated. To the Chairman, the Chair has been a rock solid, sort of anchor, if you will. His favorite saying is, "We all have to work together," and I know that sounds very simplistic, but to a large degree, it's very true, and he's always been that great anchor. To the City Attorney, who is blossoming, who is growing; who was, I think, a fine selection -- not a fine selection -- a great selection for City Attorney. I think the best days of Victoria Mendez are in front of her, and I think she's still going to grow, and I think she's going to do even better legal work and guide this City in a better legal position than she has yesterday; and tomorrow will be a better day for her, because she's young, she's vibrant, and she cares. And in the words of Hawkeye from Mash, "I'd rather have a doctor that cares than a doctor that's just brilliant and doesn't really care." Caring matters, and I think everybody up here is -- cares about the City of Miami. And, finally, to Danny Alfonso: You know, I always say the next City Manager is a great City Manager, but he -- in my opinion, Danny is a great City Manager. He presents a very bold face, cold, raw fact, and then we as elected officials have to take that fact and somehow meld it in an art form, whether it's for labor, the unions, Fire, Police, general employees, like -- and by the way, I'd like to thank Fire, I'd like to thank Police, I'd like to thank the general employees, Sean; I'd like to thank Mary, I'd like to thank Javi, I'd like to thank Freddy for being supportive. Having their support is always a good thing. To my office, whether it's Ron Nelson, who I think was a -- is and still will be a great chief of staff to Adrian Carrillo, who -- I call him Karl Malone, because he's the postman, he delivers; to Sharie Blanton, who has done a brilliant job, I think, of trying to get a good policy across; to Ignacio Barroso, who -- Ignacio's Ignacio, but I think you all like Ignacio. And then thank you to the CRA (Community Redevelopment Agency), to Bert Gonzalez and to Pieter Bockweg. As the Chair said, when we were talking about bringing, I know, the Trump Movie Studios down south, it was such big news, right, that we're going to bring movie studios down to Homestead, and that we'd bring 100,000 square foot movie studio, Mr. Chair -- Miami Herald barely writes about it -- and it happens to be operated now by Viacom Studios. I think history will record that, Pieter and Bert, as a huge event. I don't think it's being recorded right now as a huge event, but once Viacom uses it and we see the uses attendant thereto, I think that's a big thing. And we have the Venture Hive kids out here, so Venture Hive. Where's Susan Amad? That's a force of nature out there, Susan Amad, who we stole, I like to say, from the University of Miami and Launch Pad Miami at the DDA (Downtown Development Authority), and we created something that we think is really vibrant in downtown, which is coding, or, if you will, bringing very small ventures electronically online, and I know you guys call that incubating and probably baking and broiling and whatever other words you like to use, but that's the beginning of economic development in the downtown for an area that we've always lacked, because we've never been known as a coding city, but we can be known as a coding city. So I leave you a very different person than I came in. I was, very simply, a pretty non -diverse white guy, you know. Nine years ago, what did I know from diversity? The City of Miami can really teach you diversity. You could learn it on the dais, and I did, and these guys all taught me it, to the Mayor, to the City Manager, to everyone. You know, somebody said to me the other day, a park issue. How do we know the Key Biscayne kids are going to be able to use this park? And I said "Let me tell you something about my city. My City would never deprive anyone from any walk of life, with any cultural background, with any color, or any religious affiliation a right to use our park, because we are the City of Miami." We look like what the United States will look like in 20 years. So if you want to see what the City -- what the United States will look like in 20 years, just take a snapshot of us today; that's the City of City of Miami Page 160 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 Miami: diverse, strong. We fight amongst ourselves. We resolve amongst ourselves. And we move forward. This is the most exciting city, including San Francisco and New York. It's got the most blank canvass. It will employ the most new urbanistic principles that man has created in the United States of America. This is the future of the United States, and it has been my honor and privilege to have served for a brief nine years to help be a small architect and leave a small fingerprint on the City of Miami. Thank you all very much. Applause. Chair Gort: Pieter. Pieter Bockweg (Executive Director, Omni Community Redevelopment Agency): Thank you, Mr. Chair. Today will be our last CRA Board meeting -- well, at least the one that you'll be presiding over, Commissioner. And on behalf of my staff and the CRA and the entire CRA community, we wanted to give you a little recognition. Now, I was thinking last night of what to say to you on your final day as the CRA Board chair, and I come to realize that we've had a relationship for the last nine years, almost 10 years, and unfortunately, I can tell you that's the longest relationship that I've ever had, but it is what it is. But, you know, we -- I've actually worked for you and with you for the last nine years, and I think I am probably for a very few people in the City of Miami staff or the entire CRA community and City community that has worked for you for that long. So I want to personally tell you, thank you; thank you for the ride, which was fun, entertaining at times, but most of all, I want to thank you for your education, and the things that I've learned to become a better executive director and a better leader as far as from the CRA standpoint. So I'd like to thank you, and on behalf of my staff and the CRA, we want to thank you and all your commitment, so we have got you something, which I will read, if you don't mind. And it says, "In appreciation to Commissioner Marc D. Sarnoff and the Omni CRA Chairman for his continued support and dedication to the growth and betterment of the Omni CRA area. So, Commissioner, thank you, and I look forward to continuing our relationship and friendship, but not as a boss/employee stature, but thank you, and thank you for everything that you've done, and I look forward to our continued relationship, so thank you, sir. Applause. Later... Chair Gort: Before we leave, Commissioner Sarnoff -- Applause. Commissioner Sarnoff I just want you all to know, of anything that's probably ever been done to me professionally, I will remember that the rest of my life. It has been such an honor -- I know people say that word so freely -- and such a privilege to have shared this dais with these guys; to have been a part of this Administration; to have met Danny Alfonso; to have been part of building a city that Francisco Garcia sees; to have had fun with Barnaby Min; to have debated our City Attorney, Victoria Mendez; to have worked with Ed Santamaria; to have -- Peter Iglesias to have fixed problems that people are screaming at that seem very insurmountable. You guys have a great, great history, and you have a great place to keep moving to. I will be rooting for you every step of the way. I want to see all the politicians and all the electeds do well, and I want to see all the people here that build this City continue to build it. You're doing a great job. We all get criticized, but Commissioner Suarez read something today that is so true: If you don't have a scar, you haven't been in the arena. Chair Gort: Right. Commissioner Sarnoff And if you haven't been in the arena, you haven't tried. Every one of you City of Miami Page 161 Panted on 12/7/2015 City Commission Meeting Minutes October 22, 2015 every day get in that arena. So the next time you feel tired, the next time you feel like you can't do it, just remember, one more scar is a good sign. Thank you all very much. Applause. Meeting adjourned. NA.3 DISCUSSION ITEM 15-01452 POINT OF PRIVILEGE BY COMMISSIONER CAROLLO REGARDING THE MIAMI HERALD NEWSPAPER ARTICLE ABOUT NEGOTIATIONS BY MIAMI-DADE COUNTY SCHOOL BOARD MEMBERS FOR A POSSIBLE MAJOR LEAGUE SOCCER STADIUM WHICH WILL BRING MAJOR LEAGUE SOCCER (MLS) TO THE CITY OF MIAMI. DISCUSSED Commissioner Carollo: Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: If may, I would like to request a point of privilege. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I just want to bring up a topic that we saw today in the front page of the Miami Herald and El Nuevo Herald, and I just want to have a discussion with my colleagues. Many times, as I'm sure you can attest to, things are slow and things are slow and slow and slow, and all of a sudden, it speeds up, and it speeds up extremely fast, faster than one may even expect, so I just -- when I saw this in today's paper, first of all, I was hoping that you didn't read about some of this or hear about it for the first time in today paper, so I was hoping that the Manager had reached out to you. At the same time, I could tell you that, today, I think there was some representations with regards to myself being in all the meetings with regards to all the School Board, and I could tell you that I learned about this Tuesday afternoon, and there was a meeting with Beckham Group, which is where primarily it was mentioned. I did not -- was not involved with any of the negotiations with the School Board or in any of those meetings. However, I'm just seeing how we could actually bring, you know, soccer to the City of Miami, but at the same time, make it a deal that is good for the City of Miami, the residents of the City of Miami, the residents of the County. Also, in the term sheet, I have not had much discussions with regards to the term sheet. I don't know if you all have received the term sheet or not. I could tell you that it was dropped off in my office on this Monday, and the first time that I actually started reading it was on Tuesday. I had about a three - or four -minute discussion with the Manager about it, but the gist of the discussion was more in line with what is the fair market value of the land, and my request that I wanted to obtain top dollars, which was about approximately $20 million for the value of the land. We have not got into much details with regards to that. And in the meeting that we had on Tuesday, the majority of the conversation -- I'd say the grand majority was with regards to the Beckham Group trying to obtain properties privately, trying to obtain properties by the stadium that's needed for the stadium. I was -- I asked, candidly, because I was a little surprised with regards to the School Board, and they gave their explanations on why they think that, but nothing concrete has been said yet. And I just want to make sure that everyone's, you know, in the open and you are involved, because at the same time, like I said, it's been slow, slow, slow. Most of this information I received on Tuesday, and now all of a sudden, we're going fast, fast, fast, and I'm not sure if we are planning to come for a vote in November or even December, so I just wanted to -- again, since I can't speak to any of my colleagues -- make sure that that's out in the open, make sure that we clarij52 also that with regards to the School Board -- I mean, I thought -- I was City of Miami Page 162 Printed on 12/7/2015 City Commission Meeting Minutes October 22, 2015 ADJOURNMENT under the impression that we possibly will have some type of agreement with the County, but again, I just learned of it also, and I'm trying to -- you know, I'm not opposed to it. I just want to make sure that, you know, we do bring major league soccer to the City of Miami and the best way to go about it. I'm not sure if that is or not, but I'm sure we'll have discussions about it. But that's why, as a point of privilege, I'm bringing it up to you all so we could discuss as much as you want, even the term sheets. I don't know if you received it or not. I could tell you that it's been very preliminary. Like I said on Tuesday is when I first got a chance to look at it, and it was my understanding that this was the Miami Beckham's United term sheet with what they were offering. Chair Gort: Thank you, sir. Later... Chair Gort: Commissioner Carollo, I want you to understand, I want to finish this meeting, but we'll continue to discuss that afterwards. We'll commit -- Commissioner Carollo: No. I just wanted to make sure that, you know -- and I don't know if -- more than anything, I know it was in today's front page. Chair Gort: Right. Commissioner Carollo: Actually, more information that I thought even was -- in other words, where the terms -- the 850,000 per year and stuff, that -- although it's been mentioned, it's not a done deal. It's not what, you know -- Chair Gort: I understand the negotiation people talk back and forth and so on -- Commissioner Carollo: Exactly. Chair Gort: -- but before any -- a decision is being taken, I'm sure they're going to come up to us, and we'll get all the information to be able to make the decision. Commissioner Carollo: Exactly. So I want to make sure that all my colleagues were informed. I -- you know, I was hoping that you all -- before it hits the news, you would, you know, have received some of the information. And again, with regards to the School Board, I learned about it in Tuesday afternoon, so -- and I was not involved with any negotiations or any discussions with the School Board or with Mr. Carvalho or any of that to make that determination, nor was it my idea to go that route. Chair Gort: Thank you. The meeting adjourned 8:22 p.m. City of Miami Page 163 Printed on 12/7/2015