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HomeMy WebLinkAboutCC 2022-04-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 28, 2022 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 28, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell, and Commissioner Reyes Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:51 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:10 a.m. On the 28th day of April 2022, 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. Chairwoman King opened the meeting at 9:11 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, Chairwoman King officially called the meeting to order at 9:35 a.m., and adjourned at 11:26 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, I'm going to call the City of Miami Commission meeting for Feb -- April 27th, 2022 [sic] to order. And I'm going to have our pastor come up from New Providence Missionary Baptist Church to give us a prayer. Pastor Caldwell. Invocation delivered. Chair King: Thank you. And now for the pledge of allegiance, might 1 have one of the children that are here for "Take Your Kid to Work Day" to do the pledge of allegiance? Come on up. Pledge of allegiance delivered. Applause. Chair King: Thank you. City of Miami Page 1 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11820 PROTOCOL ITEM Honoree Presenter Protocol Item South Florida Fertility Expo Mayor and Commissioners Proclamation Take Your Child to Work Day Mayor and Commissioners Salute City of Miami Fire -Rescue Communication Division Alarm Office - National Public Safety Telecommunicators' Week Mayor and Commissioners Proclamation City of Miami Police Communications Unit - National Public Safety Telecommunicators' Week Mayor and Commissioners Proclamation Arbor Day Mayor and Commissioners Proclamation University of Miami - Alpha Kappa Alpha Sorority, Inc. Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to the South Florida Fertility Expo. The South Florida Fertility Expo, presented by Memorial Family Birthplace was established in 2016 as an event that provides support and compassion for persons and families on their fertility journey, with much -needed resources, community, and professional expertise. The event takes place during National Infertility Awareness Week® and it enhances public understanding that infertility needs and deserves attention while ensuring that people trying to build a family know the guidelines for seeing a specialist, educate lawmakers about how infertility impacts people in their state. Saturday, April 30 is a day where individuals navigating impaired fertility should no longer feel that they need to suffer in silence, but seek to be empowered, build a stronger community. The South Florida Fertility Expo is an opportunity to encourage empathy, knowledge and understanding towards persons on their private and intimate journey towards solutions and family. Elected Officials paused in their deliberations to honor and commend the South Florida Fertility Expo and its employees for their invaluable contributions to our community and thereby proclaimed the week April 30, 2022, as "Infertility Awareness Week" in the City of Miami. 2) Mayor Suarez and Commissioners recognized the children that participated in the "Take Your Child to Work Day", a national day that allows for children to get a glimpse into the working world. City of Miami employees brought their children to the City of Miami City Commission meeting for a lesson in government and to learn about their parent's scope of work. 3) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Fire -Rescue Communication Division Alarm Office recognizing the City of Miami 911 dispatchers and call takers. The United States Congress introduced what became H.J. Res. 274 to create `National Public Safety Telecommunicators' Week", City of Miami Page 2 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 encouraging celebration, honor, and public attention focused on the otherwise unsung heroes on the other end of the 911 phone line. April also serves as 911 education month, which focuses on teaching the proper use of 911 for aid in emergency situations. During this National observance week, many reflect on the important role of the Public Safety Telecommunicators as the first "First Responder". The City of Miami is dedicated to excellent public safety service through its Miami Fire -Rescue Communications Division Alarm Office. Elected Officials paused in their deliberations to honor, commend and thank the Miami Fire -Rescue Communications Division Alarm Office and all its employees who work long shifts and continually serve to provide a lifeline to those in need, and for their invaluable contributions to our community. Furthermore, proclaimed April 28, 2022, as "Public Safety Telecommunicators Day" in the City of Miami. 4) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Police Department Communications Unit recognizing the City of Miami 911 dispatchers and call takers. The United States Congress introduced what became H.J. Res. 274 to create `National Public Safety Telecommunicators' Week", encouraging celebration, honor, and public attention focused on the otherwise unsung heroes on the other end of the 911 phone line. April also serves as 911 education month, which focuses on teaching the proper use of 911 for aid in emergency situations. During this National observance week, many reflect on the important role of the Public Safety Telecommunicators as the first "First Responder". The City of Miami is dedicated to excellent public safety service through its Miami Police Department Communications Unit. Elected Officials paused in their deliberations to honor, commend and thank the Miami Police Department Communications Unit and all its employees who work long shifts and continually serve to provide a lifeline to those in need, and for their invaluable contributions to our community. Furthermore, proclaimed April 28, 2022, as `Public Safety Telecommunicators Day" in the City of Miami. 5) Mayor Suarez and Commissioners presented a Proclamation to commemorate Arbor Day. Arbor Day is the 1872 brainchild of Nebraskan J. Sterling Morton, and has become an international event that envisions the creation of a green society and fosters environment friendly initiatives that ensure livable communities for generations to come. Arbor Day calls attention to the importance of the tree as a renewable energy resource for wood, fuel, as a foil for erosion, a habitat for wildlife, and a natural canopy to moderate the temperature, enhance the vitality of our business areas, and beautify our community. In honor of National Arbor Day, the City of Miami has implemented the Miami Green Commission that encourages neighborhood groups and individuals to plant trees and, in so doing, improve the urban canopy, and supports the planting of close to two hundred trees City-wide in the months of March and April. The Elected Leadership of the City of Miami, on behalf of its citizens, work in partnership with local organizations to encourage the transition to a green society and call attention to the importance of the tree as a renewable resource, and thereby, proclaim April 29, 2022, as `Arbor Day" in the City of Miami. 6) Mayor Suarez and Commissioners recognized and saluted the members of the University of Miami's Iota Nu Chapter of Alpha Kappa Alpha Sorority, Inc. These bright students were thanked for their charitable work in the community and for organizing and delivering 100 packages of toiletry, donations to the Miami Rescue Mission. In collaboration with Ransom Everglades School, they also crafted and sewed shirts for little boys in underserved countries. Additionally, the members of Alpha Kappa Alpha Sorority, Inc., were instrunxental in the Virginia Key Beach clean- up project. Elected Officials paused in their deliberations to pay tribute, commend, and recognize their great efforts and achievements, while thanking them for their teamwork and for elevating the quality (Ole in the City of Miami. City of Miami Page 3 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 ORDER OF THE DAY Chair King: Chambers this day, April 27th, 2022 [sic], we are going to get started with our proclamations, our recognitions, running a little late today. Presentations made. Chair King: And now, 1 believe we have a quorum. Madam City Attorney, can you read into the record your statement, please? Victoria Mendez (City Attorney): Thank you, Madam Chair. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code 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, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this City Code section is available in the office of the City Clerk or online at www.municode.com. The City of Miami requests that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day at www.municode.com. 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. Public comment will begin at approximately 9:45 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the public comment form. The comments submitted with the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall at 3500 Pan American Drive, subject to any and all City rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard will be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission in compliance with Section 286.0114 (4) (c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as City of Miami Page 4 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a qualified intervener, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee, may either he physically present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and snake arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Section 286.0115 and Section 7.1.4.5 of the Mianii 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application for request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order presentation shall be a set forth in Miami 21 and the City Code. 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. Please silence all cell phones and other making -- noise -making devices at this time. Access to the meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items, and any quasi-judicial items on today's City Commission agenda will be as follows: The members of the City -- the members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately, after I've finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items, and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will be providing testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit will -- the affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Commissioner Russell: Yes. Chair King: Yes. Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning. If you will be speaking on any of today's Planning and Zoning items, any of today's City of Miami Page 5 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Planning and Zoning items only, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. Manager, do you have any items from Administration that you intend to continue, defer or withdraw? Arthur Noriega (City Manager): Good morning, Ms. Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.1, to be indefinitely deferred; DI. 1, to be deferred to May 26; and DI.2, to be withdrawn. On the P&Z agenda, PZ.5, to be deferred to May 26th. Commissioner Russell: Madam Chair? Chair King: Yes. Commissioner Russell: Mr. Manager, for co -living, you put May 26th. Are we going to able to get together with your Planning Department to finalize something by then? Because if not, I'd rather push it to later as an indefinite and then bring it back when we're ready. But 1'd rather it not pop up on another agenda not ready. 1 want to do it, 1 just want it to be ready. Can we be ready by May 26th? Commissioner Reyes: Madam Chair? Commissioner Russell: We have a -- you have a new Planning Director, so let's set it for indefinite and well bring it back as soon as we can. Commissioner Reyes: Okay. Okay, yes. Chair King: PZ.5 is indefinitely deferred. Commissioner Russell: Indefinite deferral. Chair King: Anything else, Commissioner? Commissioner Russell? Commissioner Russell: No, thank you. Chair King: Commissioner Reyes? Commissioner Reyes: No. Chair King: Nothing? May I have a motion? Commissioner Russell: So moved. Commissioner Reyes: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 6 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: Motion carries. Are there any pocket items to be considered today? No pocket items. Okay, well that will set the order of the day. PUBLIC COMMENT FOR ALL ITEM(S) 11925 DISCUSSION ITEM City Commission PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE APRIL 28, 2022, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: We will open the meeting for public comment now. Grady Muhammad: Good morning, Madam Chair. Chair King: Good morning. Mr. Muhammad: Grady Muhammad (INAUDIBLE). Chair King: Hold on, Grady. Hold on. Go ahead. Mr. Muhammad: Good morning. Grady Muhammad, Director of Intergovernmental Affairs, the Nation of Islam, 7th Region. It covers the state of Florida, Central, South America, 5650 Northwest 7th Avenue. Speaking on CA.1 with the consent agenda and approval for the Liberty City Trust budget amendment and PZ. 6 and 7 for the Freedom Park. But I think one of the things I would like for you all to consider as a real community benefit agreement, since this is public land. And we do not want a Marlins 2.0 where the developers walk out of here rich and the community gets stuck with a whole lot of debt. Chair King: Mr. Muhammad, what item are you speaking on? Mr. Muhammad: PZ.6, PZ.7, Freedom Park. Chair King: That's in a special -- Mr. Muhammad: No, that's not -- Chair King: (INAUDIBLE). Mr. Muhammad: That's not Freedom Park? Commissioner Reyes: No, we don't have it. Chair King: No. Mr. Muhammad: Freedom Park is on the agenda, correct? Chair King: It's a special -- Arthur Noriega (City Manager): In the afternoon. Chair King: In the afternoon. Mr. Noriega: So there'll be public comment then for it. City of Miami Page 7 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: So you have to come back for that. Mr. Muhammad: Okay, that's not a problem. Chair King: That's not on this agenda. Mr. Muhammad: But again, in support of the `Liberty City Trust budget amendment," definitely in support of that, Madam Chair. Chair King: Thank you. Mr. Muhammad: And question, Madam Chair. What in reference to the --? I've got to come back for the agenda items for the CRA (Community Redevelopment Agency) as well? Chair King: Yes. Mr. Muhammad: Okay, thank you. Chair King: (INAUDIBLE) meeting. Mr. Muhammad: Thank you. Chair King: Thank you. Good morning. Truly Burton: Good morning, Madam Chair. My name is Truly Burton, the executive vice president for the Builders Association of South Florida. I'm here to speak against PZ.8. We oppose it in its current form and we ask that the Commission retain the current waiver process. Right now, the waiver process for parking incentives has worked pretty well for most of the City. It's not perfect, okay, but the changing from a simple waiver process to a full-blown public hearing in front of the City Commission adds a much more time-consuming dimension and another obstacle to building more affordably priced housing, especially during a time of a housing crisis. Here's what that change would mean. If adopted, the builder applicant would have to wait months to be heard by this particular body, by the City Commission, go through an expense of hiring an attorney, having someone to represent them and hope, cross their fingers, that they could get approved or maybe not, all right. If they do get approved after that month, that eight or nine -month period, they can then start planning their project. They'd have to wait for a permit, which takes 14 to 16 months, and then another one and a half to two years to build it. We're already at three and a half to four years for any new housing to get built, okay. These additional expenses in time and legal fees pile up, especially, and they really do hurt the infill developer building on smaller parcels, but these are the perfect parcels for building affordably priced housing. We don't think that the City really wants to be a city for rich people only, and I think this takes us another step in that wrong direction. All of this can be avoided if you just retain the current waiver process. Right now, Miami 21 does protect -- waivers does protect single-family and duplex neighborhoods from most parking issues. First, these waivers are not given to any buildings that are within 500 feet of a single family or duplex neighborhood. Second, for areas where waivers can be applied for, the neighborhoods get mailed notice. Chair King: Thank you. Ms. Burton: Okay. Rejected and retained. Thank you. Chair King: Good morning. City of Miami Page 8 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Samuel Diller: Good morning, Chairwoman. Good morning, Commissioners. My name is Sam Diller. Fin representing the South Florida Community Development Coalition, and we're speaking on PZ.8. Like the Builders Association of South Florida, SFCDC (South Florida Community Development Coalition) is also opposing this legislation, this ordinance. But as background, the South Florida Community Development Coalition is a member -led 501(c)(3) not for -profit policy advocacy coalition based on - - focused on building collective action to advance community economic development. Our mission is to engage, educate, and empower the public, private, and not -for -profit sectors to champion comprehensive community development. And we presently convene a collective action of over 1,300 advocates and allies, including developers, urban planners, housing counselors, and community organizers. Given the recent housing emergency declaration made by the City of Miami, we believe that transit - oriented development is a key solution to addressing the interconnected issues of housing and transportation, both in the short term and in the long term. As such, our opposition to approval of this ordinance is because we believe it will inevitably result in more costly development for affordable housing within the City. In particular, we are concerned that the ordinance worsens the lack of affordable mid -income housing, which in turn affects the availability of affordable housing for low and moderate income households, in that loss of the ability to create more market rate housing, as current TOD (Transit Oriented Development) zoning forces, they moderate income -- excuse me, forces moderate income households to lookfbr housing that is affordable to them where it exists. And where it exists is in low and moderate income neighborhoods. This forces gentrification. Market forces takes the income -enabled buyer and forces them to look where housing is affordable and oftentimes that's in low and moderate income neighborhoods, again, displacement of long-term residents by those that are more economically enabled. Furthermore, I think it's important to note that this ordinance was recommended for denial by a 9-2 vote of the City's Planning and Zoning Approval Board and the proposed code amendments would counter the City's Comprehensive Plan and recent Miami 21-- Chair King: Thank you. Mr. Diller: -- 20 -- Chair King: Thank you. Mr. Diller: Also, just real quickly, we'd like to have this letter read into the record. Thank you. Chair King: Give it to the City Clerk. Good morning. Mark Merwitzer: Good morning, Commissioners. Good morning, Madam Chair. My name is Mark Merwitzer. I am here representing Transit Alliance and I live at 14730 Southwest 75th Avenue. And sharing the opinion of the City's own Zoning Board, we are here in opposition to the passage of Item PZ.8 that would make it significantly more challenging to reduce parking minimums near transit. Item PZ.8 moves us away from other world -class cities and repeats the same mistakes of the past by making it harder to build places without parking. The value of being near a transit stop is that people can access your business without having to drive there and park their cars. Requiring builders to go to the City for rightly wanting to walk or use public transit to get to businesses defeats the whole purpose of building right next to public transit. Most importantly, this item hampers our efforts to address the affordability crisis plaguing our city. A reduction of 30 percent in parking spaces could look at adding 20 new homes to a new development or an entire mom-and-pop shop. If there's one thing we want you to take away from this item is this item will set our city back in its efforts to make Miami realize her true potential for being an affordable and walkable place to live, work, and play. Thank you very much. I yield the rest of my time. City of Miami Page 9 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: Thank you. Good morning. Aky Fernandez: Good morning. My name is Aky Fernandez. I voiced my opposition to PZ.8 at last month's meeting. While I'm sympathetic to the Commission's concerns about protecting residents, the anecdotal parking hardships described in District 3 and 4 are a result of an existing suburban environment. That situation could be vastly Unproved by stricter parking enforcement on private property and tactical use of residential -only on -street parking decals. This is already being done in parts of District 3. The City Attorney pointed out last month that hundreds of applications have been filed using TOD incentives. Very few parcels even qualify for these parking reductions. This only highlights the tremendous success of the TOD program. This amendment contradicts the ideas put forth in the Miami 21 Task Force Report, the Miami Forever Carbon Neutral Plan, and the intent of Miami 21 as laid out in Article 2. These documents were crafted by experts who were handpicked by this Commission. I'll be submitting a letter for the record that outlines this information. This notion of parking reductions by exception is a death pill. No developer is going to risk their life savings for a no. We need clear, by -right codes that incentivize cost-effective, predictable buildings. This amendment would make affordable, environmentally responsible growth the exception instead of the norm. We're in a housing emergency. We need inventory, not bureaucracy. I urge you all to defer this vote and heed the counsel of experts. Therein lies the solution. This parking puberty we're going through requires a nuanced approach that doesn't throw out the baby with the bathwater. Let's find solutions that protect residents and incentivizes the responsible growth of our city. Thank you. Chair King: Thank you. Good morning. Before you start to speak, your item has been deferred indefinitely, so I don't know if you want to speak today or if you'd like to come back when your item is actually on the agenda. You're welcome to speak now, but if you speak now, you won't speak at the next Commission meeting when your item is actually, on the agenda. So one of you could speak or all of you can speak, but your item is not on the agenda right now. Phillip Tavernier: Okay, may I ask you a question? Chair King: Go ahead. Mr. Tavernier.' So the first, it's indefinitely, so we wouldn't know when, or do you know when? Chair King: You will absolutely have notice when it comes back before the Commission, but it's been indefinitely deferred by Administration. Mr. Tavernier: Okay, so if we were to -- if I was to speak today, does that mean that I can't speak anymore or no one else from the organization? Chair King: Whoever wants to speak is welcome to speak today, but if you speak today, you will not speak when it comes before the Commission again. Mr. Tavernier: Meaning the individual or the organization? Chair King: The individual, whoever speaks -- Mr. Tavernier: Okay. Chair King: -- today on behalf of this issue. Thank you. Thank you. Good morning. City of Miami Page 10 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Elvis Cruz: Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street. Item PZ.1 and 2, the proposed upzoning in Buena Vista West, the PZAB (Planning, Zoning and Appeals Board) got it right when they voted 8-0 against this upzoning because it is a clear and undeniable incursion into the single family zoning. Instead of buying land that suits their project, the developer wants you to change the zoning to suit their project. There is no hardship to justify this zoning change. Please follow the PZAB's lead and deny this upzoning. For PZ.8, please protect neighborhoods from spillover parking. It's an important quality of life issue. Lastly, Commissioner Carollo, Commissioner De La Portilla [sic], Commissioner Reyes, at the previous City Commission meeting, Commissioner Russell asked for the Morningside Park shoreline to be placed on the agenda for today's meeting, but that didn't happen. There was much concern from several of you about the Morningside Park shoreline and how the proposed plan would be detrimental to the public's enjoyment. Could one of you please make a motion to put it on the next agenda? Thank you. Chair King: Thank you. Good morning. Sabrina Velarde: Good morning, Commissioners. My name is Sabrina Velarde and I am here on behalf of Miami Homes for All. Our address is 1951 Northwest 7th Avenue, Miami, Florida, 33136. And I'm here today in opposition of PZ.8. At Miami Homes for All, we believe that everyone in Miami should have a safe and stable place -- safe, stable, and affordable place to call home. In order to achieve this, we work with cross - sector partners throughout Miami in the pursuit of policy to promote increasing our housing supply and preserving the affordability that we do have. To that end, we oppose PZ.8. While we understand your desire to improve parking options for City of Miami residents, we believe that this legislation is more likely to have a negative impact on affordable development in the City and affordability overall, especially the future of preservation of smaller mom-and-pop NOAA (National Oceanic and Atmospheric Administration) property owners looking to rehab. This legislation eliminates the existing waiver procedure for parking incentives in TOD or near transit corridors. Eliminating this waiver and requiring that this occur by exception would be cost prohibitive for developers trying to build on these parcels. Given the City's recent declaration of a housing emergency and the desire to streamline the affordable development process, PZ.8 is counterproductive to this goal. Miami Homes for All, along with our partners, is willing and ready to work together on holistic housing solutions for the benefit of the many who live and work in Miami. We look forward to achieving an affordable Miami with you all. Chair King: Good morning. Lisa Martinez: Good morning, Madam Chairwoman and Commissioners. Lisa Martinez today on behalf of Miami -Dade County Public Schools. My address is 457 Southwest 27th Road. It's regarding Item PH.4, informational purposes. This particular item is a follow-up to a resolution that was passed in October of 2020. That particular item referenced the inclusion of Miami -Dade County Public Schools within the negotiations of the project. The only request that we're hoping that you consider is including a reference to Miami -Dade County Public Schools being included within the discussions regarding the agreements in the future. Our goal is to be able to make sure that the work that we comprehensively have done with the City, the CRA, over the past seven years is consistent, has the potential to be able to be fully realized, and including us within the particular item, referencing simply that we will be included within the negotiations process at the table, that we would be able to know that there is an active good faith for the strong partnership and possibilities for the work that we have done, inclusive of workforce housing, affordable housing and additional educational seats that can emerge as the work that we have been working on can be realized in the years to come. Thank you so much for your time. City of Miami Page 11 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: Thank you. Good morning. Andrei Celea: Good morning. Andrei Celea, 1247 Northwest 9th Avenue. 1 must have missed a declaration of a parking emergency in Miami. PZ.8 is of great concern. I don't seem to understand why the City's taking a step backwards with something that motivates infill development in a City with a housing crisis. Every news report daily is pointing to Miami becoming the most expensive city in the United States, and yet we're focused on gutting a part of legislation that is seeming to spur development, small development. I tried wrapping my head around what, you know, what is the benefit here and I'm struggling to see it. 1 don't think anything has been put forward in terms of studies, in terms of showing how this is detrimental to Miami as a whole. 1 think 1 've heard a lot of people say how it's beneficial. I mean, in your own districts, 1 don't know, some areas, 1 know that a large percentage of constituents don't even have personal vehicles. They rely on transportation and these -- this legislation allows for development in those areas. We're not -- you know, it's not going into single-family home areas where I know that there's some concern about parking. But I don't think there's anything that shows that the basic arithmetic of increasing the cost of building these things would not be passed on to renters. When it costs more to build, that gets passed on to the end user, and that is the regular Miamian who, if you go on Zillow just looking for something under two thousand bucks, good luck. Good luck finding it in the city ofMiami. Chair King: Thank you. Commissioner Reyes: Madam Chair. Mr. Celea: Thank you. Commissioner Reyes: One question, where do you live? Mr. Celea: 1247 Northwest 9th Avenue. Commissioner Reyes: 9th Avenue. Mr. Celea: Yeah. Thank you. Chair King: Thank you. Good morning. Mayra Joli: Good morning, Mayra Joli here. I was going to -- my reason for being here was totally different until I stood in line and I see how the Circle Brotherhood brought all their people to come here today, and just like that, you send them home. And you told them, if you speak now, you're going to have to hold your peace forever because you're not going to be able to speak ever when this comes back on the table sometime in the future. What kind of people are we? So you send the Circle of Brotherhood, the Black people that you say you are so much championing for, and that's what you tell them? Pick up your bags and go home. Come back some other day. You should be ashamed of yourself. Chair King: Thank you. Good morning. Tony Recio: Good morning, Madam Chair, members of the Commission. My name is Tony Recio, with law offices at 2800 Ponce Leon Boulevard. I apologize for the sound of my voice. I'm a little hoarse. It's not COVID, I promise. So, I'm here on behalf of 560-640 Northeast 34th Street, LLC, but also as a resident of the City of Miami. I am in opposition to PZ.8. I understand that maybe the process can get modified, can be amended. I am in opposition of eliminating all of the parking waivers, specifically the 30 percent waiver and the waiver for units of -- properties of 10,000 square feet or City of Miami Page 12 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 less. These are all in proximity to transit, to transit corridors, to transit -oriented development. That's what it's for. Now, you've heard a little bit about housing affordability. Housing affordability is a function of not enough supply and the cost of development. Unfortunately, to build parking ends up being, in today's numbers, really, 25 to $35, 000 of space for garage parking. And that is only climbing every day. The cost of construction impacts affordability. This is an important issue. So we understand that there may be some ways to tweak the waivers, but we would ask that you keep them at waivers. They are in proximity to transit, they promote transit, and they promote density in proximity to transit. When you put density in proximity to transit, people use the transit and people do not -- developers are not forced to seek properties in other neighborhoods, neighborhoods that are not -- neighborhoods that deserve a little bit more parking, that require it. So again, this turning into an exception injects uncertainty into the process. Uncertainty impacts loans, that uncertainty kills deals and we don 't get the density in close proximity to transit. We get it wherever they can find the cheapest property. And that's not the best way to plan a city. Lastly -- Chair King: Thank you. Thank you. Mr. Recio: Thank you. Chair King: Thank you. Good morning. Josh Gelfman: Good morning, Madam Chair, and members of the Commission. My name is Josh Gelfman. I'm here as a neighboring property owner to Biscayne Park speaking on behalf of -- or in favor of PH.4. We've been in touch with the folks that are working on those improvements and are supportive of their efforts and just wanted to indicate our support. Thank you. Chair King: Good morning. Steven Wernick: Good morning, Madam Chair, Commissioners. Steve Wernick, 320 Miracle Mile, Coral Gables, Florida, and a resident of 2501 Swanson Avenue, Miami. Here on PZ.8, a lot's been said, but I think one issue to bring up is the fiscal impact of this ordinance. Commissioner Carollo, you're one of the strongest on the dais on bringing money to the City of Miami, but I don't think there's been any analysis here. I was thinking about this in between first and second reading, and if you think about adding more parking, the property appraiser is going to assign no value to that amount. If that diminishes the amount of -- you're trading off parking for units, you're bringing less tax revenue into the City. What is the amount of that impact? Could it be in the millions? It could be, I think. So, what are people going to do with this ordinance? They might build more luxury parking where it's okay to provide additional parking spaces and that might work in some neighborhoods. In other neighborhoods, you might get more just more expensive housing being delivered, bigger parking garages, but I think inevitably less tax revenue to the City. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Seeing none, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 13 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair King: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair King: Okay. END OF MAYORAL VETO(ES) City of Miami Page 14 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 11658 Liberty City Community Revitalization Trust CA.2 11717 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "D", IN THE AMOUNT OF NINE HUNDRED NINETEEN THOUSAND ONE HUNDRED SIXTY-NINE DOLLARS ($919,169.00), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022. ENACTMENT NUMBER: R-22-0148 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "Public Comments for all Item(s) " and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A SUBAWARD GRANT FROM MIAMI-DADE COUNTY ("COUNTY") TO CONTINUE FUNDING OPERATION STONEGARDEN IN AN AMOUNT NOT TO EXCEED $46,479.09 WITH NO MATCHING FUNDS REQUIRED FROM THE CITY OF MIAMI; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "OPERATION STONEGARDEN CONTRACT" FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUBAWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE FUNDS IN COMPLIANCE WITH THE REQUIREMENTS OF THE SUBAWARD AGREEMENT. ENACTMENT NUMBER: R-22-0149 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." City of Miami Page 15 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 CA.3 RESOLUTION 11708 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FOUR (4) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR RIGHT- OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-22-0150 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: We will take up our consent agenda. Good morning, gentlemen. Commissioner Reyes: Good morning. How are you doing? Chair King: Good, thank you. Do I have a motion to pass CA.I, 2, and 3? Commissioner Russell: So moved, Madam Chair. Chair King: I have a motion. Can I have a second? Commissioner Reyes: I second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Consent agenda is moved. City of Miami Page 16 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 11509 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day" and "Public Comments for allltem(s)." City of Miami Page 17 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PH.2 11634 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE AND AUTHORIZING THE PURCHASE OF THE AIRTRAQ VIDEO LARYNGOSCOPE AND CAMERA SYSTEM ("AIRTRAQ"), FROM EXCLUSIVE DISTRIBUTOR MERCURY ENTERPRISES, INC., A FLORIDA PROFIT CORPORATION D/B/A MERCURY MEDICAL ("MERCURY MEDICAL"), FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CHIEF PROCUREMENT OFFICER ("CPO") AND APPROVAL OF THE SAME BY THE CITY MANAGER; ALLOCATING FUNDS FROM FIRE -RESCUE'S VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Do I have a motion to pass our PH (Public Hearing) items, the public hearing items? Commissioner Russell: So moved. Vice Chair Carollo: PH items? Chair King: The PH items. Vice Chair Carollo: PH.1 through 4? Commissioner Russell: 2 through 4. City of Miami Page 18 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Reyes: And may 1 --? Chair King: PH.2, 3, and 4. PH.1 was indefinitely deferred. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Ma'am, I will like to ask Commissioner Diaz de la Portilla about this item. Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: This item -- Item 4, PH.4. And I know that it is a donation of $10 million. I congratulate -- you worked on it, and you've done a great job. And -- but -- and my concern is that we are going to maybe -- because the way that the Administration is working, the no net loss, they're going to use this -- our own land for no net loss, you see. And if we will be using this tract of land, I request if we can make an amendment that it cannot be used as a no net loss. Commissioner Diaz de la Portilla: Okay. The -- ifI may, Madam Chair. Chair King: Please. Commissioner Diaz de la Portilla: This concept originated over a year ago when I first chairman of the CRA (Community Redevelopment Agency), of the Omni CRA. It had nothing to do with no net loss. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Now, it's tied into a little bit -- somewhat of a controversial issue I understand that we're going to vote on today and something that's been debating and negotiated for years now. So, they make -- they are including that as no net loss, but they also have gravy. They have other properties, I think, which you'll find over the course of the debate today that will make up that difference anyway. So, my idea was to pass this as is without any no less -- no -- not less loss implications. I'm not sure that -- were you willing to vote for it without that happening, or do you want an amendment? Commissioner Reyes: I want an amendment if it's possible. Commissioner Diaz de la Portilla: The same amendment that you asked for Commissioner -- Commissioner Reyes: The same amendment -- Commissioner Diaz de la Portilla: -- Russell last time -- Commissioner Reyes: -- to do the same. Commissioner Diaz de la Portilla: -- when he passed -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- this item 3-2. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: I'll give you that amendment then. City of Miami Page 19 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And we pass it, and we move on. Commissioner Reyes: Madam City Attorney, you got it? Commissioner Diaz de la Portilla: As amended. Commissioner Reyes: 1 second that. Commissioner Diaz de la Portilla: We will not include it as no net loss. Victoria Mendez (City Attorney): Okay. Commissioner Diaz de la Portilla: This particular piece of property. Ms. Mendez: Okay. Vice Chair Carollo: But hold on. Commissioner Russell: 1 was the mover. Vice Chair Carollo: I just -- Ms. Mendez: For no net loss replenishment calculations. Commissioner Diaz de la Portilla: Replenishment, what I meant. Vice Chair Carollo: I'm just curious what -- Chair King: Vice Chair. Vice Chair Carollo: Are we going to be knocking out no net loss just for the sake of being in a better position to kill the item that we're going to have this afternoon? Or are we going to try to take some out of the -- out of play because they truly are not appropriate to have in a no net loss? Is this going to end up in -- to be a park, a real park, or are we just pretending that it's going to be a park or something? If it's going to be a real park, it should -- we should have these constraints. Commissioner Diaz de la Portilla: And I agree. And of course, I need four votes here, right? So, this is the debate we're going to have, right. This is something I think Commissioner Russell has worked on also in the past. This is something that's a real park. We have Mr. Riley here who represents the Centner family. And this is something that's -- they're investing a minimum of $10 million -- Vice Chair Carollo: That's a lot of money. Commissioner Diaz de la Portilla: -- a minimum of $10 million into a park that's been desolate and empty for decades. So, I would not like to -- you're right. This is not a fake, no net loss argument here. This is a real park that we're creating, that we're doing something with. A private donor is giving us money that we don't have to fix it right now. So, to me, it's a shame that everything needs to get trapped into a different conversation and a different debate. Vice Chair Carollo: (UNINTELLIGIBLE). City of Miami Page 20 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: I would prefer it not to -- Commissioner Reyes: 1-- Commissioner Diaz de la Portilla: Commissioner Carollo, I would prefer it not to have the amendment. Vice Chair Carollo: Okay. IfI could -- Commissioner Diaz de la Portilla: I would prefer it not to have the amendment. Vice Chair Carollo: If could ask -- Commissioner Diaz de la Portilla: But I will -- Vice Chair Carollo: -- Commissioner Russell -- Commissioner Diaz de la Portilla: Let me just finish -- yeah. Vice Chair Carollo: -- a question on this item. Commissioner Diaz de la Portilla: Let me finish --. just finish quickly. Commissioner Reyes: Hold on a second. Through the Chair -- Commissioner Diaz de la Portilla: Let me just finish quickly. Chair King: Hold on one second. Hold on. Vice Chair Carollo: Through the Chair. Commissioner Diaz de la Portilla: I will prefer it not to have the amendment. I would like the body to vote four -fifths to get this out today. I don't want any deferrals. I want it done today because I know things get caught up and trapped in other things. Vice Chair Carollo: But let's see -- Commissioner Diaz de la Portilla: So, I prefer it not -- Commissioner Reyes: May I please --? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: I prefer it not to have -- Chair King: Let him finish speaking. Let him finish speaking. Commissioner Diaz de la Portilla: Yeah, thank you, Madam Chair. I prefer it not to have any amendment, but I want to hear what the will of the other three Commissioners are -- is before -- Vice Chair Carollo: Let's -- Commissioner Diaz de la Portilla: -- we do it. Chair King: Okay, so then -- City of Miami Page 21 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Vice Chair Carollo: Madam Chair. Chair King: -- let's go to Commissioner Reyes. Commissioner Reyes: Yes, because I -- the thing -- I'm saying this because yesterday I had a very spirited conversation with the Manager, and there was the Administration there. And the issue of no net loss came in. And the way that this is going to be treated, it is that the City of Miami is paying no net loss with their own land. The developer is not responsible for anything, you see. We are -- according to what I heard -- looking for parcels, parcels that otherwise could be used for housing, for development that we generate income to the City, and it will be converted to park in order to suffice for certain amount of land that they claim that is the only -- no net loss. 1 don't mind if that -- they have -- I mean, there's other land that they can use. But what 1 don't want is this tricky way in which we are treating the no net loss item. Commissioner Diaz de la Portilla: But this is not -- Commissioner Reyes: No, but this one -- Commissioner Diaz de la Portilla: -- this is not a trick. Commissioner Reyes: 1 grant you that. Commissioner Diaz de la Portilla: This is not a trick. Commissioner Reyes: 1 just brought this up because I wanted to make this comment. I grant you that. This is a park. Commissioner Diaz de la Portilla: It's a park. Commissioner Reyes: This is park that you'll make, and this is a park and it's going to be used as park. Commissioner Diaz de la Portilla: And there's nothing underhanded here or anything like that. Commissioner Reyes: And this land is -- I mean, what other uses does this have -- land have now? Commissioner Diaz de la Portilla: It's civic. There's nothing there. It's empty. Commissioner Reyes: It's empty and -- Commissioner Diaz de la Portilla: It's just grass, it's just grass. Commissioner Reyes: -- people are using it as a park now -- right now. Commissioner Diaz de la Portilla: Yes, they're using it as a park right now. Commissioner Reyes: They're using it as a park, the school. Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: That is totally, different than to get land that could be leased or developed and then be used as a park, changed to a park, and then that it is a cost to the City. City of Miami Page 22 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: In fact, what this does -- Madam Chair -- what this does, Commissioner Reyes, is that it actually stops that area from being developed. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: It's the other way around. It makes it a park. It legitimizes it as a park. Commissioner Reyes: I'll bring it back, but I'm glad that I had the opportunity to express myself -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- the way that I am because I think that is immoral, totally immoral the way -- and if it hurts the City, it goes against the City, the way that we're treating no net loss. Commissioner Diaz de la Portilla: Thank you. Vice Chair Carollo: Okay, well -- Commissioner Diaz de la Portilla: So, 1 want to -- Chair King: Thank you. Commissioner Diaz de la Portilla: -- move it. 1 want -- Chair King: Vice Chair. Commissioner Diaz de la Portilla: Sorry. Chair King: Vice Chair. Vice Chair Carollo: I'm glad that Commissioner Reyes acknowledges that this is truly going to be parkland. Commissioner Reyes: Yes. Vice Chair Carollo: And this is what I'm looking to do, to keep real parkland into play. Now, Commissioner Russell has really taken a major lead in the no net loss. You certainly did when the item that we will be dealing with this afternoon first came up to go to a referendum. Are you, Commissioner Russell, sufficiently in agreement that these ten acres are going to truly be parkland also? Commissioner Reyes: It's only three acres. Vice Chair Carollo: What's the amount? Commissioner Reyes: Three acres. Vice Chair Carollo: Three acres, I'm sorry. Commissioner Diaz de la Portilla: 3.7. Vice Chair Carollo: Yeah, 3.7 that they're spending 10 million on it. Commissioner Diaz de la Portilla: Yes. City of Miami Page 23 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Vice Chair Carollo: At least 10 million. Chair King: Commissioner Russell. Commissioner Russell: Thank you, Commissioner. So, this location's no longer in my City district. I'm no longer chair of the Omni CRA. Vice Chair Carollo: Well, it -- Commissioner Russell: I'd like to answer -- Vice Chair Carollo: -- don't matter. It don't matter. I'm just -- Commissioner Russell: I'd like -- Vice Chair Carollo: -- asking a question, yeah. Commissioner Russell: -- to answer fully, please. Because when it was in my district and I was chair of the CRA, there was a lot of plans and ideas for this land, and it's not just three acres. The three acres is the no net loss portion that MFP's (Miami Freedom Park's) looking at. The Centner piece is the remainder to the west, but there is an overlap. Vice Chair Carollo: Right. Commissioner Russell: I think we need to look comprehensively at that entire lot and decide what we want to do with it as a citv because the original plan was that the Centners were going to create the park that would service the school that they have. But as Lisa Martinez spoke today, there is an MOU (Memorandum of Understanding) with the Omni CRA that they were going to bring their entire nine acres onto our tax rolls which would service the Omni CRA -- Commissioner Reyes: That's what I'm saying. Commissioner Russell: -- and the Omni would work together with them to develop those nine acres through TIF (Tax Increment Financing) agreements for affordable housing education, et cetera. The linchpin, the key piece to that was the hope of moving iPrep to this site next to what the Centners are building as a park, that that park would service that school and their school, and there is even an opportunity for affordable housing within that site. Now, that was years ago. And if that's no longer the will of this body, then we need to make that decision as an Omni CRA and pull out of that -- and then we can still work with the School Board to develop their nine acres. And so, I'm not trying to foil the ability for us to develop this land for park or school, but I think we need to make that decision because the Centner piece has expanded to where there's only one acre left of City land outside of the Centner piece, and it's a parking lot which they would be needing to service the sports facility as well. So, if we're going to go vertical there, it's a very small piece. And if we're not, if we're going to do it all as park, I am okay with this piece being counted as new parkland -- Vice Chair Carollo: Okay. Commissioner Russell: -- especially with a $10 million investment in it. Vice Chair Carollo: All right. You've answered -- Chair King: Hold on, hold on. City of Miami Page 24 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Reyes: Hold on, Mr. -- Commissioner Russell: So, I've said a lot of things. Chair King: Vice Chair. Vice Chair Carollo: You 've answered my question. You 're okay -- Commissioner Russell: Yes. Vice Chair Carollo: -- with this being kept as a park, 3.7, and obviously -- Commissioner Reyes: 3.7 (UNINTELLIGIBLE). Vice Chair Carollo: 3.7 acres. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Obviously, if for any reason we use this in a no net loss and this changes in the future, that would have to be replaced immediately. So, I think, Commissioner, you could move this without any amendments -- Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: -- as you originally intended. I certainly will second it with no amendments. I thinkfrom what Fin hearing we're all in agreement, this piece. Commissioner Diaz de la Portilla: And then what I'll do is I'll move -- Chair King: Hold on, hold on. Are you finished? Vice Chair Carollo: Yes, thank you. Chair King: Commissioner Reyes. Commissioner Reyes: Yes. And I'm glad I brought this up because I want also to make sure that that proposal to develop the adjacent land, you see, won't be taken by the Administration, but it will not be included and be rezoned as park in order to comply with the no net loss requirement, which, in my opinion, is it had been manipulated. Because as Commissioner Russell stated, that tract of land, it was negotiations to -- I mean, there were negotiations to develop that land. And if you develop that land, then those revenues are going to come to the City of Miami. And if we are going to comply with the no net loss issue by changing the zoning of land in the City of Miami that could be developed, or could be leased and could be income generating, then there is a cost to the City of Miami for this project. Okay, that's what I wanted to bring out. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So, I want -- so, Madam Chair -- Commissioner Reyes: I will vote for it and I -- Commissioner Diaz de la Portilla: Thank you, sir. City of Miami Page 25 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Reyes: 1 told Vicky, our City Attorney, during the agenda prep that 1 was going to vote for it, but I'm making this -- 1 mean, 1'nz making this point clear because I wanted to make it clear and there is an opportunity cost every time that we take some of our land and we change the zoning to comply with a requirement and help somebody else. Commissioner Diaz de la Portilla: Yes, sir. So, I want to move, Madam Chair, if I may, with your indulgence, PH.2, PH.3, and PH.4. I know -- and Mr. Clerk is saying he can 't do it that way, but you can. Chair King: No, he's saying we can. He just didn't want to jeopardize 2 and 3. Commissioner Diaz de la Portilla: We're not going to -- Chair King: (INAUDIBLE) certainly have (INAUDIBLE). Commissioner Diaz de la Portilla: -- roll it all, 2, 3, and 4. Chair King: So, I have a motion and a second. Todd B. Hannon (City Clerk): Chair. Commissioner Reyes: Yes. Mr. Hannon: Just for the record, there was a motion made at 10:11 am by Commissioner Russell, seconded by Commissioner Diaz de la Portilla -- Commissioner Diaz de la Portilla: Okay. Mr. Hannon: -- for 2, 3, and 4. Chair King: All in favor? Commissioner Russell: Just a moment. Commissioner Reyes: Aye. Commissioner Russell: No, just a last discussion piece on 4. Chair King: On 4. Commissioner Russell: There was a concern brought up in briefing regarding public access to this new park. And we're very, very thankful that $10 million would come to bring us this park and the facilities look absolutely amazing. But we need to make sure that we're prioritizing public access. They can use it -- a portion -- there must be a portion of it that is always reserved for public access that cannot be reserved by the school so that people can have free play there or league play or training that we can program. If the Administration could -- or Parks Department or Real Estate Asset Management could describe what their plan is to protect that, I'll be fully in favor of this. Jacqueline Lorenzo (Assistant Director): Good morning, Commissioners. Jacqueline Lorenzo, with the Department of Real Estate and Asset Management. So, we've spoken with the foundation and two-thirds of the property after school hours will be available at all times to the public. And then during school hours, one-third will be available at all times. City of Miami Page 26 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Russell: And will it be programmed by the City Parks Department, the free -- Ms. Lorenzo: Correct? Commissioner Russell: -- space? Commissioner Diaz de la Portilla: Yes. Ms. Lorenzo: So, Parks will be managing the property, and the programming will be through the typical Parks programming. Commissioner Russell: Thank you. And then the last thing -- and this is an ask of our chairman of. the Omni CRA. I would like to work with the School Board because the goal for our downtown residents -- the lacking in Edgewater and downtown is school seats, and they were hoping to double the capacity of iPrep. They can still do it on their nine acres. Commissioner Diaz de la Portilla: Yes. Commissioner Russell: But they're going to need our help with TIF deals and grants and things like that. Commissioner Diaz de la Portilla: You have that commitment. I've been working with Lisa Martinez, so you have that commitment from me. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla: It's a very good school and they do good work there. All right, Madam Chair. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Diaz de la Portilla: Thank you, Madam Chair. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Yes, sir. Thank you. City of Miami Page 27 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PH.3 RESOLUTION 11669 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION ("FPL"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO HUNDRED NINETY (290) SQUARE FEET OF CITY OWNED PROPERTY LOCATED AT 1250 NORTHWEST 20 STREET (FOLIO NO. 01-3135-001-0010) ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES (INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT) WITHIN THE EASEMENT AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT. ENACTMENT NUMBER: R-22-0152 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.2. City of Miami Page 28 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PH.4 RESOLUTION 11785 Department of Parks and Recreation and Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; FURTHER AUTHORIZING THE ACCEPTANCE OF A DONATION FROM THE PERPETUAL LOVE L TRUST, LLC OR AN AFFILIATE THEREOF ("CENTNER"), WITH A MINIMUM VALUE OF TEN MILLION DOLLARS ($10,000,000), IN THE FORM OF A RECREATIONAL FACILITY TO BE CONSTRUCTED ON THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA KNOWN AS BISCAYNE PARK ("PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DONATION AND CONSTRUCTION AGREEMENT WITH CENTNER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR CENTNER TO CONSTRUCT ON THE PARK THE RECREATIONAL FACILITY AT CENTNER'S SOLE COST AND EXPENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT WITH CENTNER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AUTHORIZING FOR CENTNER TO PROVIDE LIMITED PROGRAMMING AT THE PARK AND FOR CENTNER TO PAY FOR ALL MAINTENANCE AND SECURITY EXPENSES AT THE RECREATIONAL FACILITY AT CENTNER'S SOLE COST AND EXPENSE, AUTHORIZING CENTNER TO OPERATE CONCESSIONS WITHIN THE RECREATIONAL FACILITY AND, PROVIDING THAT FIFTY PERCENT (50%) OF ALL REVENUES GENERATED BY CENTNER SHALL BE PAID TO THE CITY, WITH THE REMAINING AMOUNT TO BE UTILIZED BY CENTNER FOR THE COST OF MAINTENANCE, OPERATIONS, AND SECURITY AT THE PARK, FOR A TERM OF TEN (10) YEARS; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE THE EXISTING REVOCABLE LICENSE AGREEMENT WITH THE PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. ON THE PARK; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE OR AMEND THE EXISTING REVOCABLE LICENSE AGREEMENT WITH TEMPLE ISRAEL OF GREATER MIAMI, INC. AS NECESSARY TO PERMIT THE DEVELOPMENT OF THE FACILITY ON THE PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION AND City of Miami Page 29 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 IMPLEMENTATION OF THE DONATION AND CONSTRUCTION AGREEMENT AND REVOCABLE LICENSE AGREEMENT. ENACTMENT NUMBER: R-22-0153 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see "Public Comments for allItem(s)" and Item Number PH.2. END OF PUBLIC HEARINGS City, of Miami Page 30 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 RE.1 RESOLUTION 11859 Commissioners and Mayor RE - RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING IN ITS ENTIRETY RESOLUTION NO. R-21-0514 ADOPTED ON DECEMBER 9, 2021, THEREBY DE -ALLOCATING ANTI -POVERTY INITIATIVE ("API") FUNDS PREVIOUSLY AWARDED IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); REALLOCATING ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO THE MAYOR'S SHARE OF THE CITY OF MIAMI'S API FUNDS. ENACTMENT NUMBER: R-22-0154 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay. RE (Resolution). I need that to be read into the record. Victoria Mendez (City Attorney): An RE? Chair King: We don't? Ms. Mendez: No. Chair King: Okay. Ms. Mendez: Just the ordinances. Chair King: Do I have a motion -- Commissioner Diaz de la Portilla: So moved. Chair King: -- for RE.1? Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. END OF RESOLUTION City of Miami Page 31 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 11016 Department of Housing and Community Development AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," BY REMOVING THE REFERENCE TO THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") ADVISORY BOARD ("HAB"); CONFIRMING THE ABOLISHMENT OF THE HAB; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: SR.1, can you read that into the record? Read all of the SRs (Second Reading). Victoria Mendez (City Attorney): All the SRs? Chair King: Yes. Let's get them all out of the way. Ms. Mendez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those are all the SRs, Madam Chair. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: So moved -- I'll second it. Chair King: Motion and second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 32 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 SR.2 ORDINANCE Second Reading 11260 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), SPECIFICALLY BY AMENDING SECTION 13-16(D), TITLED "PETITIONS FOR REFUND OF IMPACT FEES," TO PROVIDE FOR REFUNDS UNDER LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14061 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. SR.3 ORDINANCE Second Reading 11439 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE 1/SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/WAIVER AND DEFERRAL OF FEES AND SENIOR CITIZENS WAIVER," TO PROVIDE FOR A WAIVER OF CITY PERMIT FEES FOR LOW INCOME HOMEOWNERS FOR REMODELING OR REPAIR ACTIVITIES ON HOMESTEADED PROPERTIES UP TO $50,000.00 OF THE COST OF CONSTRUCTION WORK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14062 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 33 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11463 Code Compliance Task Force A PRESENTATION OF THE CODE COMPLIANCE TASK FORCE RECOMMENDATIONS REPORT TO CITY COMMISSION. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item DLI was continued to the May 26, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DLI, please see "Order of the Day." DI.2 DISCUSSION ITEM 9171 Commissioners and Mayor A DISCUSSION REGARDING THE RECONSIDERATION OF THE MOTORIZED SCOOTER PROGRAM. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." END OF DISCUSSION ITEMS City, of Miami Page 34 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 11082 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTY AT 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AND DENYING A CHANGE TO THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE REAL PROPERTY AT 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14063 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Public Comments for all Item(s)." Chair King: Do I have a motion for --? Vice Chair Carollo: (INAUDIBLE). Chair King: Well, we have the -- Discussion 1 was deferred, discussion item. Commissioner Russell: They were both deferred. Chair King: They were both deferred? Commissioner Russell: One was withdrawn. Chair King: Okay. So -- Commissioner Diaz de la Portilla: Planning and Zoning. Chair King: We're on Planning and Zoning. Commissioner Diaz de la Portilla: Yeah, in the morning. Commissioner Russell: Before 10:30. City of Miami Page 35 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: And in the morning. That's awesome. Chair King: Look at that. Okay, PZ.1. Is anyone here on behalf of PZ.1? Victoria Mendez (City Attorney): PZ.1 and 2 are companion items, Madam Chair. Chair King: Okay. Vice Chair Carollo: Madam Chair, again, for the record, the PZ items that were deferred were PZ.6 and 7. And was PZ.5 also deferred? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Not that I know. Vice Chair Carollo: Okay. PZ.5, 6 and 7. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Okay. Thank you. Commissioner Diaz de la Portilla: A technical question. Can we take all the PZ (Planning and Zoning) items together or we're not allowed to do that? Chair King: Mr. City Clerk. Ms. Mendez: We have some -- a substitution. I have to change one of the titles because the addresses were juxtaposed so -- Commissioner Diaz de la Portilla: Well, with that substitution, could we take them all together? Commissioner Reyes: I'm also -- Commissioner Diaz de la Portilla: Just to get them done so we can take a break and talk about what's coming up in the afternoon. We have more conversations that need to be had. Vice Chair Carollo: Yeah. Commissioner Reyes: Madam Chair. Chair King: Commissioner Reyes. Commissioner Reyes: Yes. And on PZ.8, I would like to recommend some exceptions. Chair King: Okay. Commissioner Reyes: You see, and see if it is the will of the Commission to -- because it's going to affect certain areas that -- and certain people. Commissioner Diaz de la Portilla: Can I move, Madam Chair, PZ.1, 2, 3 and 4? And a substitution memo for -- Commissioner Reyes: Move it. City of Miami Page 36 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: -- PZ.1. Vice Chair Carollo: Excuse me. Commissioner Diaz de la Portilla: With a substitution memo for PZ.1 that's being handed out now. Commissioner Reyes: 3 and 4. Commissioner Diaz de la Portilla: Can I move PZ.1, 2, 3 and 4? We'll leave 8 out for now. Chair King: We have persons here to speak on behalf of PZ.1 and 2, I believe, correct? Ulysses Kemp: That's correct, but we're going to request that you hear it later on in the day. Chair King: There's no later on in the day. Commissioner Diaz de la Portilla: No. Chair King: This is it. Commissioner Diaz de la Portilla: This is it. Mr. Kemp: My attorney is not here. Commissioner Diaz de la Portilla: Well -- Chair King: We have gone through the agenda. It is -- this is the last thing that we have to take up for this agenda. Commissioner Diaz de la Portilla: So, the motion, Madam Chair, is PZ.1, 2 -- Chair King: Hold on a second there. Commissioner Diaz de la Portilla: I'm sorry. Chair King: Just to -- you know, it's a new day with me as Chair. We work through these things. Commissioner Diaz de la Portilla: And by the way, I want that chair that you have right now, the actual chair. Chair King: This is -- we're trying this out, and I would like everyone to sit in it (INAUDIBLE). Commissioner Diaz de la Portilla: Is it working out? Is it working out? Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: Okay. So, by next Commission meeting, Mr. Manager -- I want to direct the Manager to give everybody the same chair. That's a directive from this Commission. Do we need to vote on that or it's just a directive? Arthur Noriega (City Manager): She's testing the chair out. City of Miami Page 37 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: Okay. Mr. Noriega: This is a test run. Commissioner Diaz de la Portilla: She loves it. She already told me she loves it. Mr. Noriega: She loves it already? Commissioner Diaz de la Portilla: Yeah. Mr. Noriega: She's only been sitting in it for like an hour so I -- absolutely. Mr. Kemp: On the first meeting, my attorney had to leave on an emergency, so he wasn't able to be here for the first reading. And just -- I was informed by Mr. Winker - - I meant Riley, that he informed Mr. Winker that it was -- I mean, Mr. Winker that it was going to be after 3, so he anticipated that it was going to be later on this evening, and that was by the -- Chair King: Do you want to do a deferral because we're here, and I think my colleagues are ready to go. I don't want to not allow you the opportunity to speak or your attorney. Mr. Kemp: Well, 1 -- my legal counsel isn't here and wasn't here on the first one because of an emergency. Chair King: Right. Mr. Kemp: And -- Chair King: I understand. I'm asking Mr. Riley, are you willing to defer this to the next Commission meeting? William Riley: Madam Chair, for the record, William Riley, with address at 3050 Biscayne Boulevard. This application has been pending for about 18 months. It's been heard several times. It's been deferred several times. I can't -- I don't have the authorization to ask for another deferral. We've met with the neighbors extensively. Promises made, promises kept. At the last Commission meeting, over 45 days ago, I promised that I would meet the neighbors. We did that on several times. We came up with a covenant. We limited the use of the property by over 12 different types of uses, which basically means that everything that was objected to -- and there has been testimony by the neighbors extensively on this item. Everything in the covenants that were asked for that were objected to before, we have restricted as not permitted on the property. We have done everything we were supposed to do. And I would ask that the Commission please proceed today, respectfully. Commissioner Russell: Madam Chair. Chair King: Commissioner Russell. Commissioner Russell: I think the important factor for us is that whatever decision we make as a body is not subject or vulnerable to challenge. And so the question is whether the City has transmitted anything to Ulysses about the timing of this meeting or his attorney that it would be this afternoon. Relying on the other counsel does not bind us. We have a schedule that is published, and we do allow for public -- Planning and Zoning meeting items to come in the morning. So, I would say the factor is if we have given any notice to them that it would only be in the afternoon, we should wait City of Miami Page 38 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 because then they will be able to say that he was not properly represented in this hearing. But if we have not and it was able to he taken up this morning, I believe we should move forward. Chair King: Madam City Attorney. Ms. Mendez: I would request that Mr. Kemp be given the opportunity to speak and everything that he wanted to say if this Commission wants to move forward with this item. Chair King: It's not -- the issue is not if Mr. Kenip can speak. The issue is that his attorney isn't here. Ms. Mendez: No, no, I understand. What I am saying is that if you wish to proceed, Mr. Kemp should be allowed to say everything he wants to say. Commissioner Diaz de la Portilla: Well, let him say what he wants to say. Chair King: Mr. Kemp, I understand that -- Ms. Mendez: We can also call Mr. Winker and he can appear by phone. Chair King: Would that be -- Ms. Mendez: Would that work? Chair King: -- a compromise that (INAUDIBLE)? Commissioner Diaz de la Portilla: Well -- Chair King: We can either one or two things, one of two things. We can either take it up in the afternoon -- Commissioner Diaz de la Portilla: No. Chair King: -- so we'll just hold it for the afternoon, after lunch. Or we can have him appear by phone. Is that -- would that be an option to have him appear by phone? I believe it is the will of my colleagues to go ahead and move this. And in fairness to Mr. Riley, we have had this issue going, and if Mr. Riley came in the morning, counsel should have been here as well. Being an attorney, you know, you don't know what time something is going to come. You show up. I don't want to not allow him to have something -- you know, present his side. I do want to have that, but in all fairness, everyone is here for their PZ items. Everyone that has an item before this Commission for PZ is here. And we've had several months of me being chair. Everyone knows I run these meetings. We're moving ahead. So, can you get in touch with him and see if he can call in? And we'll go to the other -- well, they're ready to take all of them at the same time. Or, Mr. Riley, if you would, as a personal favor to me, allow it to be deferred just to the next Commission meeting -- Commissioner Diaz de la Portilla: Well -- Chair King: I mean -- Commissioner Diaz de la Portilla: Madam Chair. Chair King: I understand. City of Miami Page 39 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: You're a lawyer. Chair King: I understand. Commissioner Diaz de la Portilla: You're a lawyer. Chair King: And sometimes we mess up. And sometimes we mess up. Commissioner Diaz de la Portilla: But the judge -- Chair King: And it shouldn't be held against (INAUDIBLE). Commissioner Diaz de la Portilla: But in a courtroom, when you go -- Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: If you're not there at 9 in the morning -- Chair King: I understand. Commissioner Diaz de la Portilla: -- and it's brought up at 9:01 -- Chair King: I understand. Commissioner Diaz de la Portilla: So -- Chair King: I am trying to be -- aren't we here at 8:30? I'm timely. I understand. I'm just trying to come up with a resolution for this issue. Commissioner Diaz de la Portilla: But the resolution is not to make them wait almost two years now. Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: He could -- the gentleman should be able to speak, but Mr. Winker -- Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: Actually, he -- Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: But -- Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: Okay. Mr. Winker has a fiduciary responsibility -- Chair King: I understand. Commissioner Diaz de la Portilla: -- to be here on time. Chair King: I said that. I said that I understand. Mr. Kemp: I have -- City of Miami Page 40 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 David Winker (via phone): Did they give you a call -in number? Mr. Kemp: Do you have a call -in number or what do you have? Chair King: Victoria, is there a call -in number he can --? Ms. Mendez: Todd, do we have, you know, the little machine? Chair King: A number that he can call in? Ms. Mendez: IT (Information Technology). Can IT come out, please? Mr. Kemp: They're trying to see if they have a number for you to call. Commissioner Diaz de la Portilla: He could just put him on speaker and put it on the microphone. Mr. Winker (via phone): Perfect. Let me get it. Mr. Kemp: Hold on. Let's see if you can work on speakerphone. I don't know. Mr. Winker (via phone): Well, no, but give me -- they said 1 can call in. This is really - - like this is one of the items that has to be heard after 5. Chair King: I didn't hear what he said. Mr. Winker (via phone): Do you have a copy of the agenda in front of you? Mr. Kemp: They're going down the agenda. You -- by the way, I have you on speaker at the podium, so you can ask them whatever questions you want to ask them. Would you prefer me putting you on speaker or --? Mr. Winker (via phone)_: Yeah, yeah, put me on speaker. Mr. Kemp: Okay. They will hear what you're -- whatever you have to say. Go ahead. Mr. Winker (via phone): Okay, perfect. Good morning, everybody. Chair King: Good morning. Todd B. Hannon (City Clerk): Chair, may I administer the oath to Mr. Winker? I -- Chair King: Please. Mr. Hannon: Mr. Winker; can you hear me? It Todd Hannon, the City Clerk. Mr. Winker (via phone): Say that again. Mr. Hannon: Mr. Winker, it's Todd Hannon, the City Clerk. Can you hear me? Mr. Winker (via phone): I can't. I'm sorry, I can't hear. Is there a number I can call in? Mr. Hannon: Just a moment, sir. I think IT is trying to work on something for us. Commissioner Diaz de la Portilla: Does he have to stand up, Mr. Clerk? No? Okay. City of Miami Page 41 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Mr. Kemp: Okay, where do you want the link sent to? Mr. Winker (via phone): Just send it to my -- to this -- just text it to me, just to my cell phone. Unidentified Speaker: Is there an email where I can send it right now? Mr. Winker (via phone): Yeah. You ready? You want me to text you my email? [Later... Chair King: I understand that Mr. Winker is available via Zoom if we can queue that up. Vice Chair Carollo: Hold on. Mr. Who? Chair King: Winker. Vice Chair Carollo: Winker. For what? Chair King.: PZ.1 and 2. Vice Chair Carollo: Oh. (INAUDIBLE) come first? Chair King: He was coming in the afternoon, and he didn't realise we would complete the agenda so quickly. So, he's not available to get here so quickly. David Winker: Hey, guys. I'm here now if you can hear me. Vice Chair Carollo: Hey, Mr. Winker. I thought we weren't going to hear from you until this afternoon. Surprise, surprise. Mr. Winker: I'm sorry I'm not there. I appreciate the indulgence, guys. Victoria Mendez (City Attorney): The Clerk needs to state something with regard to Mr. Winker's appearance. Todd B. Hannon (City Clerk): Good morning, Mr. Winker. Can you hear me? Mr. Winker• Yes, I can. Good morning, Clerk. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Winker: Yes, sir. Mr. Hannon: Thank you, Mr. Winker. Chair King: You may proceed. Ulysses Kemp: Good morning. My name is Ulysses Kemp. I'm here in reference to PZ.1 and 2. On PZ item 1, there as a resolution that Planning and Zoning had put -- had placed on this property on 6/5/2019 with an exception. And I would appreciate it if the Zoning Department can reference this Article VII, Section 7-126 of Ordinance Number 13113 so that it can be understood what this exception is for and what they are granting. I was requesting that you read the exception of Article VII, Section 7- 126 of Ordinance Number 13113, the Zoning Code of the City of Miami, as amended. City of Miami Page 42 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 This is a resolution that you guys presented to the client with stipulations for property 20 Northwest 42nd Street. And this was an exception granting that they would he allowed to use it as a T3 with this exception that you guys granted allowing them to park publicly -- not publicly, but the personnel working there will be able to park there and utilize this even though it's a zone 3, that they'll be -- I mean -- yeah, zone 3, that they will be able to use it as a 4 use. Chair King: Mr. Kemp, are you asking our City Attorney to answer that or read something? Mr. Kemp: Well, this resolution was put in place by Planning and Zoning. And I just wanted them to clam to everyone what this exception is so that we could understand what it is that was granted to them on this resolution. Ms. Mendez: Could we have a copy, pretty please, because we don't know what you're referring got right now. William Riley: And Madam Chair, if it's helpful, I can ver ' -- at least my -- Ms. Mendez: If you know what he's talking about, that would be great. Chair King: Please. Mr. Riley: So, at -- about two years ago, when the Centner preschool got approved, they had enough property and enough parking to be self-sufficient on one site. There's a T3 property next door which is under your consideration today as a rezoning from T3-L to T4-L. T3 and T4 both allow educational uses only by exception. We had to come before this body and ask for a special exception in order to be able to utilize the T3 property. And by the way, the preschool is a T4 property, so both of them had to come for a special exception in order to get approval for a school. So, I believe that's what Mr. Kemp is referring to. We got that approval. The T3 does allow it through exception, just like T4. Mr. Kemp: No, T3 did not allow what you wanted to use it for. Chair King: Hold on, hold on. Hold on, hold on. Victoria. Ms. Mendez.: We're waiting for the -- oh, do we have --? We're getting -- Mr. Hannon: We're making copies of the resolution. Ms. Mendez: We're getting a copy right now. Chair King: Okay. Commissioner Diaz de la Portilla: Madam Chairwoman, I have a pocket item. It's just an amendment, a HUD (Department of Housing and Urban Development) rider amendment to the UNI project that we passed on 7th Avenue in the Omni CRA (Community Redevelopment Agency) already. It's just a -- for the covenant, the City needs a HUD rider on, and we can bring that up and just pass it. It's technical in nature. I think everybody should have a copy of it. Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: Yeah, everybody should have a copy of it. Chair King: Go ahead, Mr. Snow. City of Miami Page 43 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 David Snow (Assistant Director, Planning): So, the exception was specific for the use that's there today. So, that's what that exception was for, and there were specific conditions associated with that use request. Mr. Kemp: There were -- Chair King: And what is happening today will not -- Mr. Snow: So, to -- Chair King: -- (INAUDIBLE) that exception? Mr. Snow: That -- Mr. Kemp: The problem is that that exception is allowing T3 to be used because -- only because this is an educational facility that that exception applied, and that's what was told in 2019. And that was the reason why they allowed them to use this T3 for the staff to park there with several different criterias [sic] that they had to meet. However, my concern with this is that if, in fact, you guys do change this zone, they're going to still be allowed the same exception for the adjacent T3, which means that they can continue to consume the entire block with this exception as long as they keep presenting it next to a T3 -- to a T4. And that's a problem for the neighborhood because we're going to be in a big situation where we're just going to be overcome by the school. And that was one of the reasons why at that meeting in 2019, Mr. Riley decided that he was not going to pursue the zoning change that he was requesting at that time to ask for a T4 and just said that, okay, we're not required -- we don't need it. We're going to utilize the exception that the City is presenting to us, and that was how that went at that time. But obviously, they're forgetting a fact that this resolution was in place and that he also signed this. And I'm wondering why they're even asking for it and why the City would even allow them to get a T4. This is something that should never happen. Chair King: Mr. Snow, can you answer that question? Mr. Snow: Yes, right. So, Mr. Kemp is correct. There is an exception for the use. And within that exception, there are conditions that limits those T3 parcels -- Mr. Kemp: Correct. Mr. Snow: -- for parking. Today, before you is a rezone application for those parcels. Within that rezone application, the applicant has proffered a covenant to limit the uses that can -- that are allowed on that site, and that's what this covenant is for, to further limit those uses that you mentioned. Mr. Kemp: That covenant does not address the fact that they will not be using it for an educational facility. They will not be using it for any type of -- that's not pertaining to this particular property. And because of the fact that the resolution and the exception only allow them to use it for parking at the time because of the fact that they were required to have additional parking that they were not able to supply, however, the residential property that was next door that they knocked down a building and utilized it for parking was an exception by the City. So, if this is something that's going to be continued, the property next door to it, again, would be an exception that they'll be able to utilize it for the same reasoning and they can consume the entire block, property by property, by doing the same thing. The covenant that he's doing today does not have on there no educational facility, no school, no daycare. That's not in that covenant. And the thing is that you guys are grouping them both together, City of Miami Page 44 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 property one and two, which they're totally different conditions. The Centner property and the Courtney property are two different situations. The Courtney property, I can understand what's going on with that one. As much as 1 really don't like to have zoning changed in our neighborhood, I'm willing to accept the Courtney property zoning change because I feel that will be beneficial to the neighborhood. However, the Centner property change that they're asking for, 20 Northwest 42nd Street, should, without a doubt, be denied. And that's based on the criteria that this was set up in 2019. Why come and ask for another zoning change? And before, on the last meeting, he said that I said that they would not be coming back asking for a zoning change. In the meeting, I never stated that. And 1 brought that to his attention after the meeting, which he agreed to. But in -- before you guys, he said 1 lied. And I really don't like somebody to do that because 1 come before you and what 1 state to you, if I can't prove it as a fact, I'm not going to fabricate it. Chair King: (INAUDIBLE). So, what I asked was the covenant and this exception, does it run afoul to what happened in 2019? Mr. Snow: So, the covenant restricts the property further because there are more uses that are limited. Now, if Mr. Kemp is asking for additional uses to be added, then that's something that the applicant may consider. Chair King: Mr. Riley. Mr. Riley: Yes, ma'am. So, I just wanted to be brief but 1 wanted to explain some items and address Mr. Kemp's concerns. So, there are a difference between the Courtney covenant and there's a difference between the Centner covenant. And there's a really specific reason for that. The only difference is the educational component. If I covenant it and I said it didn't have educational on that T3 lot, then I would run afoul of the 2018 special exception because it allows us to have educational parking there, and we need that parking to operate the school. So, that's the difference. Secondarily, Mr. Kemp said if you grant the T3 to T4, then the next T3 will be rezoned. I haven't asked for a waiver of the 18-month period. We don't own the lot next door. If the lot next door came before this board, it wouldn't qualify for a rezoning. It doesn't meet the minimum requirements in your Code of 200 linear feet and 40,000 square feet of land area. And I think that addresses the comments. And I'm happy to answer any questions. Mr. Kemp: That really didn't address -- Chair King: That -- Mr. Kemp, please, let's (UNINTELLIGIBLE) because -- Mr. Winker: Yes, please. Chair King: -- I allowed you time. Mr. Winker: Thank you. Mr. Kemp: Okay. Mr. Winker: Thank you, everybody. Chair King: You need to allow your -- Mr. Kemp: Okay, I understand. There was one other item on this form where he said he got the abutting neighbor's signature on it. The abutting neighbor has a power of attorney which is Allen McPhee. The persons that's signing the paperwork as the City of Miami Page 45 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 abutting is not the person who has power of attorney of the abutting property. 1 have a copy of his power of attorney and that's not the same signature. Chair King: Can you enter that into the record? Mr. Winker: And Chair, when you have a chance, I'd like to make a couple comments. Chair King: Please, can you make your comments now? Go ahead. Mr. Winker: Yes, ma'am. Good morning, everybody. This has been a long process. And we really think that this issue should be bifurcated into the two properties. The Centner and the Courtney building are very different, as you heard. And what is happening here is we've been able to come to an agreement on the Courtney property. Not everyone's happy; it's a classic negotiation. He gave up some stuff, the neighbors gave up some stuff and we are ready to move forward on that. But Centner; we've not been able to come to agreement. They have not worked with us on this. We've had no meetings with them. And we would ask that you guys deny that change. You guys were just talking about parking in residential neighborhoods. This school is going to consume a residential neighborhood. It's not right. And we 'd ask you to deny it. And that is consistent with the unanimous negative vote at the PZAB (Planning and Zoning Advisory Board). You know, your PZAB recommended a unanimous denial of this. And we'd ask that you respect that and, you know, let's go back to the drawing table and see if the neighbors can come to an agreement with them. But we would ask that you deny that one and that you would approve the Courtney with the conditions that we've been able to work out with Mr. Courtney. Commissioner Diaz de la Portilla: Madam Chair, I would like to call the question. Chair King: I'm waiting for (INAUDIBLE). Commissioner Diaz de la Portilla: Oh, okay. Chair King: I'm just waiting to get the information that Mr. Kemp (INAUDIBLE). Mr. City Clerk. Mr. Hannon: Oh, so you would like us to make copies of what he's -- Chair King: Yes. Mr. Hannon: -- submitting into the record. Commissioner Diaz de la Portilla: Who's that little thing sitting over there? Yes. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: How are you? Who are you? Hi, welcome. Don't get into politics. You're having fun? Unidentified Speaker: Yes. Commissioner Diaz de la Portilla: Good. Arthur Noriega (City Manager): He only says that because he doesn't want competition. Commissioner Diaz de la Portilla: Yes, definitely give me some competition there, that's for sure. Abbott, where's Stanley's daughter? Stanley's daughter. I think she's City of Miami Page 46 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 in my office. Let her come over here so you could see her. Where's your daughter? Yeah, 1 didn't see you hiding back there behind Noriega, so I didn't see you. There you go. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Are you protecting Noriega? Because they've been writing some negative stuff about him lately, so you got to be careful. Oh, he's the one -- okay. That's why we need more sergeants. Now he needs protection too. Mr. Kemp: By the way, Buena Vista East Historic District asked me to also speak on their behalf because they're also in favor of what 1'in asking for. Chair King: Mr. Kemp, they needed to be here. You can't just speak on their behalf. They needed to be here. I was also just advised by the City Attorney that we can 't pass the Courtney portion and not the Centner portion because they're all in one so I can't separate the two. Mr. Kemp: They're actually, two P -- separate PZ items. They're PZ.1 and PZ.2. Chair King.: No. Commissioner Diaz de la Portilla: No. Chair King: Victoria -- because 1 asked. Victoria, could you respond to that? George Wysong (Assistant City Attorney, Supervisor): The difference -- George Wysong. The difference between PZ. 1 and PZ.2 is one is a zoning change, and one is a land use change. Commissioner Diaz de la Portilla: Of course. Mr. Wysong: But for the -- both for the same properties. Commissioner Diaz de la Portilla: It's the same thing. Mr. Kemp: I really didn't catch all of that. Excuse me, sir, the mic. Commissioner Diaz de la Portilla: I did call the question. Mr. Wysong: What I was saying was there's PZ 1 and PZ.2. One is a zoning change, and one is a land use change, but they both change the same properties. So, they're not for separate properties. They're for the same properties. One's a zoning change, and one's a land use change. Commissioner Diaz de la Portilla: So, we have a special -- Mr. Kemp: But they're different owners. Commissioner Diaz de la Portilla: One second. I have something a little bit more important right now. We have a special guest, Stanley's daughter. Are you going to introduce yourself and say hello to the Commissioners? That's our Madam Chairwoman there, Commissioner King. Unidentified Speaker: Hello. City of Miami Page 47 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: Commissioner Russell, Commissioner Carollo, and Commissioner Reyes. So, introduce yourself. Unidentified Speaker: Hi. My name is Serenity. Applause. Commissioner Diaz de la Portilla: I think that's where the real competition is going to come from, by the way. You happy to be here with your dad? Unidentified Speaker: Yes. Commissioner Diaz de la Portilla: Good, awesome. You're having fun? Unidentified Speaker: Yes. Commissioner Diaz de la Portilla: Good, awesome. You look beautiful today. Unidentified Speaker: Thank you. Commissioner Diaz de la Portilla: I love your hair. Unidentified Speaker: Thank you. Commissioner Diaz de la Portilla: Okay, welcome. Welcome to Miami, City of Miami. Chair King: Does everyone have a copy of --? Commissioner Diaz de la Portilla: Okay, so it's been -- I called the question, I think. Ms. Mendez: Commissioner, Commissioner, there may be an amendment to what I told you. Just one second. I thought they were all -- two different owners and one property, but apparently, there's multiples properties. So, give -- one second. Chair King: Okay. Commissioner Diaz de la Portilla: Can I do my pocket item, my rider -- HUD riders -- to get that out of the way? Just do that and get it -- Chair King: Let's finish this one. Commissioner Diaz de la Portilla: Okay, all right. okay. Ms. Mendez: Mr. Kemp, we just want to figure out what you're asking so that we can advise the Chair appropriately. Commissioner Diaz de la Portilla: Now, someone is getting jealous, by the way, in the audience. I think that someone over there is getting jealous in the audience -- right? -- that he wants to come up and introduce himself too, so why don't you come up here. Add some levity to this beautiful process that we engage in. Come, come. (INAUDIBLE) in my district. Oh, wow. This is Pedro. So, he's going to introduce himself. Go ahead. Pedro Villa: Hello. My name is Pedro. Commissioner Diaz de la Portilla: And? City of Miami Page 48 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Mr. Villa: My last name is Villa. Commissioner Diaz de la Portilla: Pedro Villa. And you have something at Grapeland Park, right? Mr. Villa: Yes. (UNINTELLIGIBLE) baseball game at Grapeland Park. Commissioner Diaz de la Portilla: Today? Mr. Villa: Yes, sir. Commissioner Diaz de la Portilla: What time? Mr. Villa: I -- it's in the afternoon at some time. 1 don't know yet, but I know that it's in the afternoon. Commissioner Diaz de la Portilla: Do you play soccer at all? Mr. Villa: Yeah. I play soccer with my brother in the backyard sometimes. Commissioner Diaz de la Portilla: Wow. So, you're going to the baseball park over at Grapeland. It's my district, you know that? Mr. Villa: Yes. Commissioner Diaz de la Portilla: Maybe I'll pass by. Mr. Villa: Okay. Commissioner Diaz de la Portilla: If your dad gives me a ride, I'll pass by. How about that? Mr. Villa: Okay. Commissioner Diaz de la Portilla: Okay? Welcome to the City of Miami. A big round of applause for him too, right? Applause. Commissioner Diaz de la Portilla: Bye, Pedro. I love that innocence. I wish you had some of that still when you get older, right? Chair King: Victoria, you said you had an amendment to your statement? Mr. Wysong: You want me to --? Chair King: George. Mr. Wysong: Yeah, so just sort of globally. This is -- the initial application was for three properties, right, 19 -- let me read the addresses real quick. So, there's three properties that are affected: 19 Northwest 41 Street, 20 Northwest 42 Street, and 4136 North Miami Avenue. The legislation as written is denying the larger property, which is 4136 North Miami Avenue and approving 19 Northwest 41 Street and 20 Northwest 42 Street. What the intervenor, Mr. Kemp, is asking is that you also deny 20 Northwest 42. So, you could bifurcate the legislation if you find there's competent substantial evidence not to amend the zoning and the land use there, or you could just City of Miami Page 49 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 approve both of them. But his request is, I guess, appropriate if you wanted to sort of approve and deny. Chair King: (INAUDIBLE). Mr. Wysong: And he's not a true intervenor. Mr. Riley: Yes, Madam Chair. And just wanted to -- the City Attorney, after you reminded me, I missed something in my presentation. So, as a cooperation with the neighbors, we actually are supporting the denial of one of the Centner's properties, the largest portion of the property, the one on the corner of North Miami Avenue and 42nd Street, 4136. We did that. We also entered into the covenant restricting 18 different uses on the property. But we do ask the Commission to approve the smaller surface parking lot. Chair King: Okay, thank you. I believe my colleague had called the question -- Commissioner Diaz de la Portilla: Yes. Chair King: -- four times. Mr. Hannon: Chair. Commissioner Diaz de la Portilla: Four times. Chair King: All in favor? Mr. Hannon: Chair, Chair, Chair. Chair King: I'm sorry. Commissioner Diaz de la Portilla: Oh, here we go. Mr. Hannon: First, I need a mover and seconder. Commissioner Diaz de la Portilla: I -- Mr. Hannon: We also need to read both titles into the record. Commissioner Diaz de la Portilla: I will move it. Chair King: I thought we had a -- Commissioner Diaz de la Portilla: I thought I had moved it already, and there was a seconder. Chair King: Yeah, for sure. Commissioner Diaz de la Portilla: So, I'll move it. I'll move it. Mr. Hannon: Remember, that motion was on 1, 2, 3 and 4. And then we took out 3 and 4. So, now we're -- Commissioner Diaz de la Portilla: Okay, so -- Mr. Hannon: -- just back to a clean slate with Land 2. City of Miami Page 50 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: All right, so 1 will move it. I will move it. Chair King: Do 1 have a second? Commissioner Russell: I'll defer to the district Commissioner. Chair King: I'll second it. Mr. Hannon: Now -- Commissioner Diaz de la Portilla: Okay. Chair King: Now, Commissioner, I need Victoria to read it into the record. Mr. Hannon: Right. And are there any amendments? Mr. Wysong: There will be a modification to PZ.2 and the substitution memo that was already entered into the record. Chair King: Can we check and see if Commissioner Reyes wants to be here for this vote? (COMMENTS MADE OFF THE RECORD) Chair King: Come on. Commissioner Reyes: (INAUDIBLE). Chair King: I'll wait. Mr. Wysong: Okay, ready? Commissioner Diaz de la Portilla: If yot're going to miss a vote, let it not he this one, please. Chair King: Do you have something --? Mr. Wysong: I want to read the title. Chair King: Go ahead. Read the title. Mr. Wysong: PZ.1. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Mr. Wysong: PZ.2. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Mr. Kemp: Chair. Chair King: All -- Mr. Kemp: You guys are aware the PZ Board unanimously, 8-1, denied both of those parcels? City of Miami Page 51 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: The question has been called, I think. Chair King: Yes, and I believe that because of the withdrawal (INAUDIBLE) now, correct? Mr. Riley: Yes, Madam Chair. Chair King: Okay. Call the question. All in favor? The Commission (Collectively): Aye. Chair King: Motion passes. Mr. Hannon: As amended. Chair King: As amended. Mr. Riley: Thank you, Madam Chair. Thank you, Commissioners. Commissioner Diaz de la Portilla: Thank you, Mr. Riley. PZ.2 ORDINANCE Second Reading 11083 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L," SUB- URBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND DENYING THE APPLICATION FOR ZONING CHANGE FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 NORTHWEST 42 STREET FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14064 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.2, please see "Public Comments for allltem(s)" and Item Number PZ.1. City of Miami Page 52 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PZ.3 ORDINANCE First Reading 11324 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE REAL PROPERTIES AT 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Diaz de la Portilla: Madam Chair, while they fix that, can 1 just move PZ.3 and 4? Can I withdraw my motion and just move PZ.3 and 4? Chair King: Yes. Commissioner Diaz de la Portilla: Okay, so let me move PZ.3 and 4. Chair King: Hold on a second. Commissioner Diaz de la Portilla: Commissioners. Chair King: Commissioners, can we move 3 and 4 while we try to straighten out 1 and 2? Commissioner Diaz de la Portilla: Okay. Chair King: Motion, second. Todd B. Hannon (City Clerk): Chair, who's the seconder? Victoria Mendez (City Attorney): Yeah. Commissioner Diaz de la Portilla: Yes. Chair King: Who seconded? Mr. Hannon: Commissioner Reyes. Chair King: Commissioner Reyes. Commissioner Diaz de la Portilla: Commissioner Reyes. Chair King: All in favor? City of Miami Page 53 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: Aye. Mr. Hannon: Chair, there's a title that needs to be read in the record. Ms. Mendez: Right, so the title and then the applicant, anyone has to -- Chair King: Is anyone here to speak on behalf of PZ.3 and 4? Edward Martos: Only if you need me to. Edward Martos, Officer at 2525 Ponce de Leon Boulevard. Thank you. Chair King: I don't think so. Ms. Mendez: So, PZ.3? Chair King: 3 and 4. Ms. Mendez: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's PZ.3. And PZ.4. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.4 ORDINANCE First Reading 11325 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER -OPEN, TO "T6-8-O," URBAN CORE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.3. City of Miami Page 54 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PZ.5 8166 ORDINANCE MAY BE DEFERRED First Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor- PZ ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 55 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PZ.6 ORDINANCE Second Reading 10957 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Diaz de la Portilla, Russell, Reyes Note for the Record: Item PZ.6 was continued to the May 26, 2022, City Commission Meeting. Chair King: I'm sorry, ma'am. Ines Marrero: Yes. Hi, good morning, Madam Chair. My name is Ines Marrero. I'm an attorney with offices at 701 Brickell Avenue. I'm here this morning on Items PZ.6 and PZ.7. And we would like to request a deferral of this item with the support of the Administration. I don't know if this is the proper time or you want to have the PZ (Planning and Zoning) agenda. (COMMENTS MADE OFF THE RECORD) Ms. Marrero: 6 and 7, they are on second reading. We had submitted a covenant and we understand that staff has not had sufficient time to review it for it to come back before you. Vice Chair Carollo: I agree to it. Chair King: Okay. Can I have --? Commissioner Russell: I'll second it. Chair King: Motion and second. All in favor? Commissioner Russell: What date? Ms. Marrero: For the 26th, May 26th. Chair King: May 26th. Unidentified Speaker: Okay. City of Miami Page 56 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.6 and 7 is deferred until May 26 Commission meeting. Ms. Marrero: Thank you very much. Chair King: You're welcome. Thank you. Ms. Marrero: Good luck today. PZ.7 ORDINANCE Second Reading 10958 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Diaz de la Portilla, Russell, Reyes Note for the Record: Item PZ.7 was continued to the May 26, 2022, City Commission Meeting. City of Miami Page 57 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 PZ.8 11307 ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION and Mayor- PZ AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO CHANGE THE METHOD BY WHICH THE PARKING RATIO MAY BE REDUCED WITHIN A TRANSIT ORIENTED DEVELOPMENT AREA OR WITHIN A TRANSIT CORRIDOR FROM A WAIVER PROCESS TO THE PROCESS OF AN EXCEPTION WITH CITY COMMISSION APPROVAL; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14065 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Note for the Record: For minutes referencing Item Number PZ.8, please see "Public Comments for all ltem(s). " Commissioner Russell: PZ.8? 8? You want to do 8? Chair King: Would we like to take up PZ.8? Commissioner Diaz de la Portilla: PZ.8? Vice Chair Carollo: There's going to be an amendment that Commissioner Reyes wanted to bring up. Commissioner Reyes: Yes. I would like to carve out the area of DDA (Downtown Development Authority), downtown, because there are a lot of buildings there that they never had parking, and if we are going to use this in this ordinance, what is going to happen, they will have to be demolished. And there are plans to rehab those buildings. And I would like to carve out that area. It is an area that is very close to -- I mean, many people leave for the work around there. And those buildings, they will be Vice Chair Carollo: I will accept that amendment and let me explain why. First of all, those buildings were created without parking decades ago. Commissioner Reyes: That's right. Vice Chair Carollo: Secondly of all, they're within the downtown core -- Commissioner Reyes: That's right. Vice Chair Carollo: -- where truly, the people that live in those type of smaller buildings, smaller units, it's an area that truly they use little -- not that many vehicles City of Miami Page 58 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 for transportation. Those are the people that use our public transportation the most. But beyond that, it's in the downtown core that there's ample parking everywhere, that off-street parking has or private garages has, that if people need it, they're not going to be parked in the streets. They're not going to be fighting one another to get a parking space. So, I accept -- Commissioner Reyes: Thank you. Vice Chair Carollo: -- the amendment. Victoria Mendez (City Attorney): So, to clarify, Commissioner, I just want to make sure that I capture your change. It wouldn't be the DDA, it would be the Urban Central Business District would be the better way to describe it, which is the downtown, super dense core. Commissioner Reves: The Central Business -- Ms. Mendez: It a defined boundary that we have. Commissioner Reves: The Center Business District is within the DDA. Ms. Mendez: I -- right, but that's -- Unidentified Speaker: That's the greater. Ms. Mendez: -- the greater of the DD -- you want the greater and not the -- Commissioner Reyes: That's right. Ms. Mendez: -- just the denser --? Commissioner Reyes: Yes. Ms. Mendez: Okay. Commissioner Reyes: Because there are buildings that they are outside the -- those are the ones that are important, buildings that are outside the DRI (Development of Regional Impact). Chair King: Commissioner? Commissioner Diaz de la Portilla: Since obviously I cannot speak to any commissioner before. And Commissioner Carollo seems so amenable and so agreeable this morning. I don't know what the afternoon is going to look like, but I know that now he's in a very good mood. But I would also make sure that the Omni CRA (Community Redevelopment Agency) is also included in that, because we have the same type of situation. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: If you're okay with that, Commissioner Carollo. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: So, we -- Commissioner Reyes: Well, let's include that. City of Miami Page 59 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: So, we include the Omni CRA also moving north. Vice Chair Carollo: But these two areas -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: That's right. Vice Chair Carollo: -- are set precisely for that. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: These are areas that have high buildings. Commissioner Reyes: Yeah. Vice Chair Carollo: They have ample parking in many private or City garages. Many of the people that live in these areas are the ones that use public transportation. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: Unlike the inner-city areas where we 're having this problem, serious problems. Commissioner Russell: Madam Chair? Chair King: Commissioner Russell. Commissioner Russell: Thank you. I got clarification from Planning that the UCBD (Urban Central Business District) is not the CBD (Central Business District). The CBD is very small. The UCBD goes beyond the DDA, and I think it would probably be a better capture. I would also ask if you could consider NCD-2 (Neighborhood Conservation District), which is West Grove. Grand Avenue, Douglas and that US-1 area is something we're really trying to get additional density without additional costs for affordability. And if that proffer would be accepted, that would be very helpful for that neighborhood. Commissioner Reyes: Yeah, I have no problem. Ms. Mendez: Commissioner, is there any way then --? I mean, these are like all mapping changes and things. Is there any way we could reset this then and get the proper descriptions for these three areas? Commissioner Diaz de la Portilla: No, I think -- no, I don 't think we need to do that. Vice Chair Carollo: No. Commissioner Diaz de la Portilla: It's agreed by the body. You guys then can figure out what the boundaries look like. We -- I think we agreed that it's the -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- UCBD, that it's the Omni CRA, that it's the NZD-2 [sic], right, District 2? Ms. Mendez: Then can we have five minutes? City of Miami Page 60 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Chair King: So, wait a minute, then. Should I include the Overtown CRA? Commissioner Diaz de la Portilla: You could, yeah. Chair King: So, let's include the Overtown CRA. Commissioner Diaz de la Portilla: It captures -- yeah. Commissioner Reyes: That's within -- there are a lot of -- Commissioner Diaz de la Portilla: And the Overtown CRA. Commissioner Reyes: -- old buildings there that -- Chair King: Yes, yes, yes, yes. Commissioner Diaz de la Portilla: So, those four areas are just -- Ms. Mendez: So, can we have -- Commissioner Diaz de la Portilla: You know the intent of the Commission. Ms. Mendez: -- five minutes then to look at all the maps and just make sure that --? Commissioner Diaz de la Portilla: It doesn 't matter. Once we pass it, you do the map. Commissioner Reyes: In other words, there, in Miami, we have in every neighborhood, we have buildings that they -- I mean, they are very old, they never had a parking, you see. And if they are going to be remodeled, if we force them to be -- to add parking, they will have to demolish them. And that's one thing that I want to avoid. Those buildings, the new buildings is the one we have the problem. Commissioner Diaz de la Portilla: That's correct. Chair King: We have someone that would like to say something. Vice Chair Carollo: Well, he spoke already. Commissioner Diaz de la Portilla: Yes. Tony Recio: Excuse me, Madam Chair. Yes, I did speak and I'm not going to speak again. I just want to leave -- to submit this for the record, which is a letter that I sent to all of you, Commissioners. Thank you. Chair King: Give it to the City Clerk, please. Mr. Recio: Thank you so much. Commissioner Diaz de la Portilla: So moved. As amended. Commissioner Reyes: As amended. Ms. Mendez: I need all the names then again. Chair King: We want to be amenable to our City Attorney. If she needs a little bit more time, please let's afford her that so that we get this right. Is that okay? City of Miami Page 61 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Reyes: Okay. Ms. Mendez: Okay. So, could you at least repeat the -- all the locations? Commissioner Diaz de la Portilla: UCBD, the Omni CRA, the Overtown CRA, the Downtown Development Authority, if it has some areas that go outside the UCBD, and District 2 NZ [sic], right? Commissioner Russell: NCD-2. Commissioner Diaz de la Portilla: NCD-2. Vice Chair Carollo: The UCBD goes to what areas, Commissioner Russell? Commissioner Russell: Yeah, I'm sorry? Vice Chair Carollo: The UCBD goes to what areas? Commissioner Russell: The Planning Department can describe it better, but it's basically Greater Downtown. It's more than just this tight, tight corridor. Chair King: It's more than just the DDA. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: Greater Downtown. Commissioner Diaz de la Portilla: And the NCD-2. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Which is the -- those are the four mapping things. Commissioner Russell: I'm concerned we're missing some where we want to be encouraging this type of development. The exception process -- here's my concern. I want to be supportive of good parking policy. But what I want for the development world is predictability. I'm not necessarily trying to save them money or give them a gift, but if they don't have predictability, it slows down their investment. If they have predictability, they will find a way to make their profit. But by creating the exception process for everybody, I would rather tighten the rules and keep it in the waiver process versus the exception because that means every one of those is going to have to come to here, and it becomes a political decision versus a policy decision that was already established. And so that's the only reason I have trouble with the ordinance as a whole. Vice Chair Carollo: Right. Commissioner Russell: I want predictability so they can move fast and create housing fast under whatever policy we agree by the majority' is the right parking policy. Vice Chair Carollo: Look, we have areas -- Commissioner Reyes: That's right. City of Miami Page 62 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Vice Chair Carollo: -- that are getting just killed by having no parking. And frankly, Commissioner, what bothers me the most is that if this is going to make such a huge difference, I haven't seen it. None of us have seen it. But you know what? The profits that smaller developers are making it's, you know, quite significant. So, I'm seeing this as a tool so that some developers can make more money, add more units without having to put parking, and we're getting the pain of it. I submit to you, come to my neck of the woods one night, go to Commissioner Reyes' -- Commissioner Russell: All the on -street parking. Vice Chair Carollo: -- yeah -- and you're going to find that there's no parking in the neighborhoods. People are fighting to get parking spaces. And part of it is already built in and we're stuck with it for whatever reason, commissions back in the '20s, `30s would approve these little square, three-story housing units that had 25, 30, 35 units with absolutely no parking. So, if on top of that, we're going to be doing the same thing to get more units, it's just not workable. Because as much as we like in working-class neighborhoods, because this is not New York, Chicago, Philadelphia, Boston, cities that have been established since basically the founding of our country, where they planned sufficient public transportation. We don't have that in Miami - Dade, where you could get someone from Point A to Point Z, and people still depend on their cars. And no matter what they tell us, until we built enough public transportation to connect people, we're going to have that problem. This is why this is one of the areas that later in the year that I want to revisit to see at least within City of Miami proper, we could create that public transportation to connect our whole city and then probably encourage the County to take it from the end of Commissioner Reyes' District all the way to FIU (Florida International University) and cut through Sweetwater to bring it to Doral and maybe use it to go south in addition. But right now, what we have is not sufficient for anyone that lives not just in the city of Miami, but in Miami -Dade County as a whole, to move around. You could use public transportation for a segment, but then what do you do? And this is why so many people in working class neighborhoods have cars, because it's not a luxury for them, it's a must to be able to earn a living and survive. Commissioner Reyes: Madam Chair, I want to add to -- Chair King: Commissioner. Commissioner Reyes: -- I want to add to what Commissioner Carollo just stated. I heard all the comments, you see, that this is going to curtail development and blah, blah, blah, all of those things. I don't believe so. Developers develop. They are not going to become restaurateurs or anything. They develop, and that's the only thing they know how to do. They're going to develop. But the truth of the matter is that every time that you use the transportation and people using, I mean, using public transportation as an excuse to build more apartments without parking, that is not real. We don't have a decent, not even a decent transportation system, mass transit system here. And the other day I was talking to a couple of county commissioners, and I told them, I said, what we have to do instead of trying to fight each other, I mean, let's eliminate parking, let's build bike lanes, let's build -- I mean, let's make this a pedestrian and cyclist city. That's impossible. That's not going to happen. What we have to do is, and I think that all cities and the county, we have to get together and develop a decent mass transit system. Then that will work, you see? And I think that it is -- it is -- it is the -- I think it is the duty of all cities and the county that we take -- should take the lead and we shall start, I don't know, sharing the cost according to what we are, I mean, our size, I don't know, but work together. Work together and have an objective of developing a decent transportation system in Dade County. If not, I will agree with Commissioner Carollo, we will go a la Hialeah, which did the Conchitas -- you remember that? -- and we might bring a transportation -- I mean, City of Miami Page 63 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 maybe a bus system or small bus or jitneys, whatever, within the city of Miami. But until we have a decent transportation system, we are not going to solve the problem that we have with traffic and parking, and we should concentrate on developing that system. Vice Chair Carollo: I call the question, Madam Chair. Todd B. Hannon (City Clerk): Chair? Ms. Mendez: Commissioner? Chair King: Hold on, hold on. The City Attorney has to read into the record the title for PZ. 8. Mr. Hannon: And Chair, who is the seconder? I have Commissioner Diaz de la Portilla moving it with all amendments, but I do not have a seconder. Chair King: Vice Chair is the second, yes. Vice Chair Carollo: Second. Ms. Mendez: 1 just wanted to confirm then by adding these carve -outs, these carve - outs that were picked by the Commission, these will stay as the law is right now, correct? Chair King: Correct. Ms. Mendez: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Russell: Respectfully, I'm a no. Chair King: Motion carries, 4-1. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 64 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 FL - FUTURE LEGISLATION FL.1 11695 Department of Planning FL.2 11616 Department of Planning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION"; MORE SPECIFICALLY, BY AMENDING SECTION 2-1328.1 OF DIVISION 21 OF ARTICLE XI TITLED "WYNWOOD DESIGN REVIEW COMMITTEE" TO AMEND THE REQUIREMENTS FOR QUALIFICATIONS AND TERMS OF OFFICE FOR MEMBERS OF THE WYNWOOD DESIGN REVIEW COMMITTEE AND TO AMEND THE FUNCTIONS, POWERS, AND DUTIES OF THE WYNWOOD DESIGN REVIEW COMMITTEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 6 "SUPPLEMENTAL REGULATIONS" AND APPENDIX J: WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1") OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS" TABLE 13, APPENDIX J SECTION 2, TITLED "PURPOSE AND INTENT", APPENDIX J SECTION 3, TITLED "GENERAL TO ZONES", APPENDIX J SECTION 4, TITLED "STANDARDS AND TABLES" AND APPENDIX J SECTION 5, TITLED "SPECIFIC TO ZONES", TO ESTABLISH A PROGRAM FOR MICRO DWELLING UNITS IN THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1"); TO AMEND THE SCOPE OF REVIEW OF THE WYNWOOD DESIGN REVIEW COMMITTEE ("WDRC"); TO AMEND THE OFF-STREET PARKING REQUIREMENTS RELATING TO EXISTING STRUCTURES AND FOR NEW SMALL-SCALE DEVELOPMENT; TO AMEND THE REQUIREMENTS OF ATTAINABLE MIXED INCOME DEVELOPMENTS; TO AMEND THE SMALL BUILDING PARKING STANDARDS; TO AMEND ROOFTOP DEVELOPMENT STANDARDS; AND TO AMEND THE REQUIREMENTS FOR PAINTED ART MURALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 65 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 NA.1 11917 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AND URBAN DEVELOPMENT ("HUD") RIDER TO DECLARATION OF RESTRICTIVE COVENANTS WITH THE CITY OF MIAMI FOR THE AFFORDABLE HOUSING DEVELOPMENT LOCATED AT APPROXIMATELY 90 NORTHEAST 17 STREET, 70 NORTHEAST 17 STREET, AND 1642 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM. ENACTMENT NUMBER: R-22-0155 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Diaz de la Portilla: I have my pocket item, which is the -- Chair King: Can you --? Where's --? George, can you read the pocket item into the record, please? Commissioner Russell: Let me see. Madam Chair, this is another Miami record. Not even 11..30. Commissioner Diaz de la Portilla: I want to keep it in the morning. I've been telling her, she's comfortable in her chair. We have lunch in my office, by the way, sushi and some cooked stuff for you, Commissioner Reyes, if you want something cooked. I have sushi in my office, butt have some cooked things for you over there. Chair King: We have right after this meeting, the Overtown CRA (Community Redevelopment Agency) meeting. Commissioner Diaz de la Portilla: Yes, that'll be fast. Chair King: But that'll be quick. Wait, the City Clerk is telling me no, no, no. It's noticed for 12 p.m. or thereafter, so we'll take it up right before the special meeting. Commissioner Diaz de la Portilla: Yeah, at like 2 o'clock or whatever. Victoria Mendez (City Attorney): Commissioner Diaz de la Portilla, you're asking about a pocket item? Commissioner Diaz de la Portilla: It's a pocket item, it's a rider clause for the UNI development at the -- Ms. Mendez: Right, so -- Commissioner Diaz de la Portilla: -- Omni CRA. Ms. Mendez: -- that item I had sent everyone -- City of Miami Page 66 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 Commissioner Diaz de la Portilla: A copy. Ms. Mendez: -- right, a copy of a subordination agreement, a HUD (Department of Housing and Urban Development) document that HUD is asking us to sign in order for HUD to fund the project. Commissioner Russell: Which one? Ms. Mendez: The UNI project located at -- Commissioner Diaz de la Portilla: 17th Street. It's called the UNI project, the Omni CRA, which 1 know you were very supportive of. Yes, that's it. Vice Chair Carollo: Can we have lunch and then come back? Commissioner Diaz de la Portilla: This is not controversial. This is just a technicality. We can do it in 30 seconds. Is there any controversy? Ms. Mendez: Right, so I basically said that if there was any objection by the Commission to bring it to Commission, and if not, we would have the Manager sign off on the subordination agreement. Commissioner Diaz de la Portilla: Okay, that's it. Vice Chair Carollo: This is the item you want? Commissioner Diaz de la Portilla: Yes, it's a pocket item. This is a rider clause for something we already voted unanimously for, which is on 17th Street at the Omni CRA. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yeah, it's a covenant. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: No, it's not the other one. No, it's not the other one. Commissioner Russell: I'll move it. Chair King: Motion by Commissioner Reyes. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair? Public comment. Chair King: This item is open for public comment. Anyone wishing to speak on this item? Seeing none, motion carries. Ms. Mendez: Thank you. Chair King: All in favor? City of Miami Page 67 Printed on 06/04/2024 City Commission Meeting Minutes April 28, 2022 ADJOURNMENT The Commission (Collectively): Aye. Chair King: Motion carries unanimously. (COMMENTS MADE OFF THE RECORD) Chair King: We -- right. We'll take it up right after the special -- (COMMENTS MADE OFF THE RECORD) Chair King: So, the meeting is now adjourned. We will resume -- what time is it? Commissioner Diaz de la Portilla: 2:30. Chair King: -- at 2:30, and we'll have the Overtown CRA meeting begin at 2:30 and then the special commission meeting. Thank you, everyone. The meeting adjourned at 11:26 a.m. City of Miami Page 68 Printed on 06/04/2024