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HomeMy WebLinkAboutCC 2022-09-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, September 22, 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 September 22, 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 On the 22nd day of September, 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. The Commission Meeting was called to order by Chairwoman King at 9:24 a.m., recessed at 12:20 p.m., reconvened at 3:32 p.m., and adjourned at 4: 09 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:39 a.m., and Vice Chair Carollo entered the Commission chambers at 10:08 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: -- our City of Miami Commission meeting. Apologies for our tardiness. I was waiting for quorum and now I have it. We are going to start this meeting with a prayer from Pastor Strange of Mount Calvary Missionary Baptist Church. Thank you, Pastor. Invocation delivered. Chair King: Thank you so much. Thank you. Commissioner? Commissioner Reyes: Thank you, ma'am, quite an honor. Pledge of Allegiance delivered. Chair King: Thank you. ORDER OF THE DAY Chair King: Let's get our meeting started. Unidentified Speaker: Okay, thank you. Chair King: I believe we have a statement from the City Attorney. Todd B. Hannon (City Clerk): Yes, ma'am. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy of this is available online at www.municode.com. 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 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 disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before City of Miami Page 1 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 hearing any consideration provided or committed to anyone for agreement to support or withhold the requested action pursuant to Code 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(1) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.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 9:30 a.m. 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 online comment form. Please visit www.miamigov.com/meetinginstructions Jrodetailed instructions on how to provide public comment using the comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day, so the elected officials may consider comments prior to taking any 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, 3500 Pan American Drive, Miami, Florida, subject to any and all City rules that may be amended. If a proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a 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 of items and topics to be discussed at the City Commission meeting 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 the 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 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 intervenor, as well as the applicants, representatives, and any experts testing on behalf of the applicant, appellant, or appellee nzay either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make 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 Statute 286.0115 and 7.1.4.5 of the Miami 21 Zoning Ordinance. The order presentation shall be a step forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees to the staff recommendation, the City Commission may proceed to deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, Allowed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices at this time. This meeting can be viewed live on Miami TV, the City's Facebook page, 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, Madam City Attorney. Mr. City Clerk. City of Miami Page 2 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Hannon: 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 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 finish 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 are 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 provide 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 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. Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items? Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Good morning, Mr. City Manager. Do you have any items on this agenda that you would like to pull, defer, withdraw? Arthur Noriega (City Manager): Boy, do I So let's -- everybody got a pen and a piece of paper? Chair King: A pen. Mr. Noriega: Because this is a long list. Commissioner Reyes: Please do it -- Mr. Noriega: I'm going to go slow. Commissioner Reyes: Go slow. Mr. Noriega: I promise, I promise. Commissioner Reyes: Remember, I'm an old man and -- Mr. Noriega: I don 't want to have to repeat myself. Commissioner Reyes: Okay, okay. Mr. Noriega: I promise I'll go slow so you guys can -- Commissioner Russell: Is it easier just to tell us what we are taking up today? City of Miami Page 3 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Noriega: It might be. It might be. Good morning, Madam Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the, following items: CA.3, to be deferred to 10/13; PHI, to be deferred to 10/13; PH.2, to be deferred to 10/13; PH.6, to be deferred to 10/13; PH7, to be deferred to 10/13; PH.9, to be withdrawn; PH 8, to be withdrawn. Sorry, I transposed those. But 8 and 9 are to be withdrawn. RE.8, to be deferred to 10/13; FR.1, to be withdrawn; FR.11, to be deferred to 10/13; DI.2, to be deferred to 10/13; DI.4, to be indefinitely deferred; PZ.7, to be deferred to 10/13; PZ.8, to be deferred to 10/13; and PZ.9, to be deferred to 10/13. That concludes the items. Chair King: And at -- good morning. And at this time, Commissioner Russell? Commissioner Russell: Yes, Madam Chair. I'd like to withdraw FR.5. That is my version of the Motorized Scooter Program Ordinance. There's a similar one on FR.3, so I'm happy to withdraw mine and start working on FR.3 as a co-sponsor. Chair King: Is there anything else? Commissioner Russell: No. Thank you. Chair King: Commissioner Reyes, do you have any items that you would like to defer? Commissioner Reyes: Not at this time. No,1 don't have any. Chair King: Okay. Commissioner DLP (Diaz de la Portilla)? Commissioner Reyes: Oh, ma'am, I was looking for it and I couldn't find it. You see, I was going to wait until it came up, but I'd rather have it now. There is PH.4. It came to us and -- it came to me. It's in my district and I haven't had time to look at it. I would like for a deferral until November -- Commissioner Russell: Which item? Commissioner Reyes: -- so I could analyze it a little bit more. Commissioner Diaz de la Portilla: PH.4. Mr. Noriega: That's the brownfields? Commissioner Diaz de la Portilla: PH.4? Commissioner Reyes: PH.4. Chair King: PH.4, the brownfields. Commissioner Diaz de la Portilla: Deferral or --? Commissioner Reyes: Brownfields. Chair King: Until November. Commissioner Reyes: Until November. Yes, sir. Mr. Hannon: Chair, just for the record, that will be November 17th. Commissioner Reyes: Okay. Yes, that will be fine. City of Miami Page 4 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Okay. Commissioner Reyes: And PH (Public Hearing) -- well, 3 and 4, I think they are related. Ms. Mendez: Just the only one is PH 4 with regard to the brownfields. Mr. Noriega: Yeah. Ms. Mendez: PH.3 is just a plat. Mr. Noriega: (INAUDIBLE). Ms. Mendez: A different item. Commissioner Reyes: It's a -- okay. Yeah, PH.3 is not on -- not mine, okay. Okay. Chair King: Okay. Commissioner Reyes: Okay, three of them, FR.3 and FR.4. It is also FR.3, FR.4. But I have been -- FR.3 I think you took up. It is -- FR.3 is the scooters. Chair King: Yes. Commissioner Reyes: Yeah, and if we are going to -- we are -- we have now an RFP (Request for Proposals) that is going to come up anyways. Commissioner Diaz de la Portilla: Yeah, but I want to have a conversation about it so we'll -- Commissioner Reyes: Oh, you want to have a conversation? Commissioner Diaz de la Portilla: Yeah, but it's not -- Commissioner Reyes: That is fine. Because if we have a -- we have an RFP that is around the corner, you see? We're going to -- but if you want a conversation maybe to add or delete certain things -- Commissioner Diaz de la Portilla: Yes, sir. Yes. Commissioner Reyes: -- okay, that is fine with me and I welcome it. Chair King: Okay. Commissioner Diaz de la Portilla: I think Commissioner Russell also wants to have a conversation about it at some point. So I think well -- it won't be a long conversation, but it will be a short conversation. Commissioner Reyes: Well, I -- Chair King: Mr. Manager. Commissioner Reyes: -- I hope it is not a -- Chair King: FR. 8? Commissioner Reyes: And also FR.4, I have a little problem with FR.4. I would like to analyze how that is going to affect our tenants, you see? City of Miami Page 5 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Okay. Commissioner Reyes: I would like to have more time to analyze it. And -- Chair King: So are you asking for a deferral for FR.4? Commissioner Reyes: For FR.4 because I'm afraid that our tenants are going to be negatively, even though they are outside and they are not bothering anybody, they could be affected. So I would like to dig more into the consequences because sometimes I'm afraid that we take measures and then there are unintended consequences, and then we have to go back and try to correct the harm that we're doing. Chair King: So are you asking for a deferral? Commissioner Reyes: I'm asking for a deferral. Chair King: For the next -- Commissioner Diaz de la Portilla: Hold on. Can I be recognized? Chair King: Yes. Commissioner Diaz de la Portilla: Thank you. FR.4 is a Commissioner Carollo-sponsored issue? Commissioner Reyes: No. Commissioner Diaz de la Portilla: Is FR.4 --? Commissioner Russell: It's co -sponsored by Commissioner Carollo. Mr. Noriega: It's co -sponsored. Chair King: It's co -sponsored. Commissioner Diaz de la Portilla: It's co -sponsored by Commissioner Carollo. He's not here. Commissioner Reyes: Okay, let's wait until he gets here. Commissioner Diaz de la Portilla: Let's wait until he gets here and see what he wants to do with it. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Maybe he wants to have a conversation about it. Commissioner Reyes: Yeah, I would like to have a -- I mean -- Chair King: Okay. Commissioner Reyes: -- that is -- Commissioner Diaz de la Portilla: I don't completely disagree with you, by the way -- Commissioner Reyes: Yes. City of Miami Page 6 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: -- but 1 think it's a matter of courtesy. Commissioner Reyes: It is fair. It is fair. Out of courtesy, yes. Chair King: Mr. City Manager, you want to defer FR.8 to 11/13? Did you say that? Mr. Noriega: No. Commissioner Diaz de la Portilla: No. Chair King: No? Ms. Mendez: No, Madam Chair. Chair King: Okay, Ijust want to make sure I have that in -- Mr. Noriega: It's RE.8. I said PZ.8, not RE.8. Chair King: PZ. 8? Mr. Noriega: Yeah, and PH.8. Those two 8s are to be deferred but -- Chair King: Okay. Commissioner Diaz de la Portilla: And RE.8. Chair King: So, you 're deferring PZ.8 -- Mr. Noriega: And RE.8. Chair King: -- and PZ.9? Mr. Noriega: Yes. The request is to 10/13. Chair King: Okay. Is the applicant requesting that deferral or is the Administration? Mr. Noriega: Administration is. Chair King: Alright. Just for -- just to make certain that we have everything in order, let's run that one more time. Mr. Noriega: Okay. See if I got the additional items squared away here. Okay, so here's the items as we -- CA.3, to be deferred to October 13th; PH.1, to be deferred to October 13th; PH.2, to be deferred to October 13th; PH.4, to be deferred to November 17th; PH.6, to be deferred to October 13th, PH7, to be deferred to October 13th, PH.8, to be withdrawn; PH.9, to be withdrawn; RE.8, to be deferred to October 13th, FR.1, to be withdrawn; FR.5, to be withdrawn; FR.11, to be deferred to October 13th; DI.2, to be deferred to October 13th; DI.4, to be indefinitely deferred; PZ.7, to be deferred to October 13th; PZ.8, to be deferred to October 13th; and PZ.9, to be deferred to October 13th. I think I got them all. Commissioner Reyes: Okay. Chair King: PZ. 3, 4, and 5, is that to be deferred? Mr. Noriega: No. Commissioner Diaz de la Portilla: No. City of Miami Page 7 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: No. Mr. Noriega: No. Chair King: Okay. Mr. Noriega: The applicant may but -- Ms. Mendez: 1 believe -- and thank you for -- there was a request by the applicant to defer 3, 4, and 5 if-- and Ms. Hall is confirming. Chair King: Confirming, yes, okay. Mr. Noriega: To when? Commissioner Diaz de la Portilla: Those are the applicants there? Joshua Remedios: Yes. Commissioner Diaz de la Portilla: 3, 4, and 5? Mr. Remedios: Yes. Chair King: Yes. Commissioner Diaz de la Portilla: Deferred until when? Until when? Until when do you want it deferred? Mr. Remedios: Until the next available. Commissioner Diaz de la Portilla: 10/13. Mr. Remedios: I think it's October 13th. Chair King: 10/13. Mr. Remedios: Yes. Mr. Hannon: Chair, can I get the speaker's name for the record? Sir? Mr. Remedios: Yes. Josh Remedios from the law firm of Greenspoon Marder for the record -- Commissioner Diaz de la Portilla: Okay. Mr. Remedios: -- requesting deferral of items PZ.3, 4, and 5. Thank you. Chair King: Got it. And you would like to speak on? Brett Brumurd: Yes, ma'am. I would like to speak on item PH.4. My name is Brett Brumurd with the Goldstein Environmental Law Firm and we represent the applicant for the brownfield area designation. And we would respectfully like to request that if the item were to be deferred, it be pushed to the next meeting or the meeting immediately following because we are up against a deadline for the end of the year to enter into a brownfield site rehabilitation agreement with Miami -Dade County in order to access the brownfield incentives for this year. So, we respectfully request a shorter deferral period and an opportunity to meet with you, Commissioner Reyes, to discuss any questions you might have. City of Miami Page 8 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Reyes: 1 think 1 have a lot of questions and a lot of analysis and a lot of studies to do because I know that you are -- there's just a little piece of property that is being created brownfield. And I had no notice of what was going to go on there. I mean, it is in my district. It's almost in the corner of my house. And I would like to have time to -- you're not going to lose your brownfield, I mean, money if it takes a little longer. No, I know that you are in a hurry, you want to start building, but I want time to analyze this development, because it's a huge, massive development for the area. Mr. Brumurd: We understand that completely. We just respectfully request perhaps to defer to October 27. Commissioner Reyes: 1-- next meeting, it will be when? October? Commissioner Diaz de la Portilla: October 13th. Commissioner Reyes: October 13, that's not enough for me. Mr. Brumurd: Could we do October 27? We will also be back here for another designation then, and then the month we can meet with you and answer any of.vour questions. Commissioner Reyes: How about the first week of November? Mr. Brumurd: As long as there is enough time to have two public hearings before the end of the year, we would gladly accept that. Commissioner Reyes: Yes, there is a public hearing. Mr. Brumurd: Okay, great. Yes. We would just like to have two public hearings before the end of the year. Commissioner Reyes: Okay. Mr. Brumurd: Thank you. Commissioner Reyes: Thank you. Mr. Hannon: So, again, PH.4 will be deferred to November 17. Understood. Chair King: Do I have a motion --? Commissioner Diaz de la Portilla: I have a question. Chair King: Okay, Commissioner Russell, put his hand up. Commissioner Russell. Commissioner Russell: He can go first. That's fine. Chair King: Okay. Commissioner Diaz de la Portilla: On PH.2, Mr. Manager -- Mr. Manager, on PH.2, what was the reason for --? Did you request that deferral? On PH.2, the transfer of CDBG (Community Development Block Grant) funding for parks. Ms. Mendez: Yes, the Manager requested PH.2. Commissioner Diaz de la Portilla: Okay, what's the reasoning behind that? What are the thinking behind it? City of Miami Page 9 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Noriega: There were some questions when we did the briefings, so there's some additional Commissioner Diaz de la Portilla: Obviously, but what were the questions? Mr. Noriega: I don't recall specifically, but there were some concerns over how the allocation was done, so we felt like it was appropriate to defer one meeting and then we could update and (INAUDIBLE). Commissioner Diaz de la Portilla: Well, 1 would like to -- since we can't talk to each other, 1 would like to know what the questions are, the concerns are -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: -- before I defer it. Mr. Noriega: We can certainly do that offline if you 'd like. Commissioner Diaz de la Portilla: No, I don 't want to do it offline. I want to do it now because I want to find out why. I may not want to defer it, so I may want to know why you want to defer it. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: I want to know why you want to defer it. Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: You were in the briefings, right? You two, so one of you can answer. Ms. Mendez: Yeah, I mean, it could be discussed. And Mensah is here. We can discuss it now. Commissioner Diaz de la Portilla: Okay. George Mensah: George Mensah, Director of Housing and Community Development. PH.2 was deferred because there was issues about the parks. This is District 3's funds, CDBG funds, and there was an issue about what is the best way to use those funds in those particular parks. And so we decided that it's best to talk to him again and see what he actually wanted to do with the parks and then we come back. Mr. Noriega: The commissioner wants to -- us an opportunity to reevaluate how those monies were being allocated by park. In other words, he felt like there were some other parks that might have more of a need for that money than the ones that were on the list. Commissioner Diaz de la Portilla: How were they being reallocated? Were they being reallocated by poverty level or --? Mr. Noriega: No, no, this is all District 3. Commissioner Diaz de la Portilla: It's all District -- oh -- Mr. Noriega: This is District 3 money. Commissioner Diaz de la Portilla: -- it only applies to District 3. City of Miami Page 10 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Noriega: Yeah, this is only District 3 money. Commissioner Diaz de la Portilla: Okay,1 thought it was a reallocation across the board. Commissioner Reyes: Oh, okay. Mr. Noriega: No. Mr. Mensah: No. Commissioner Diaz de la Portilla: 1 thought it just gave flexibility to be used for parks, right? Mr. Mensah: Yes. Mr. Noriega: Yes. Mr. Mensah: It has the ability to be used for parks, yes. Commissioner Diaz de la Portilla: He doesn't have to use it for parks, but he can, right? That's what it did in essence, right? Mr. Noriega: Yeah, he wants to use it. 1 just think he's -- he wants to reevaluate which parks it's being used. Ms. Mendez: I think -- Commissioner Reyes: Commissioner? Ms. Mendez: -- I think what he's -- you're asking the right question, but on PH. I. Commissioner Reyes: On PHI, Commissioner. Commissioner Diaz de la Portilla: Oh, okay, okay. Commissioner Reyes: Okay. Mr. Mensah: I think it's PH.1, yeah. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: I'm sorry, so I'm -- my bad, my bad. Commissioner Reyes: Madam Chair, I do agree with Commissioner Diaz de la Portilla that that should be discussed. Commissioner Diaz de la Portilla: Right, but PH.1 was also deferred. Commissioner Reyes: PH.1. Mr. Mensah: Yes. Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Sorry, I misspoke. City of Miami Page 11 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Mensah: Yes. Commissioner Diaz de la Portilla: So PH.1, so that transfer, 1 think it should be discussed. I think it's a good idea. And I think we should have a conversation about it too. I want to have a lot of conversation today if you don't mind, Madam Chair. Commissioner Reyes: No, no, not too many. Commissioner Diaz de la Portilla: You're not in a rush today, are you? Are you in a rush today? Chair King: I am never in a rush. Commissioner Diaz de la Portilla: You've been rushing us lately. Chair King: I am never in a rush. I am always for -- Commissioner Diaz de la Portilla: Efficient. Chair King: -- efficiency. Commissioner Diaz de la Portilla: Of course. Chair King: Not a rush. Efficiency. Commissioner Diaz de la Portilla: Can we have an efficient conversation about PH.1 too? How about that? Commissioner Reyes: PH.1. Chair King: If it is the will of the body. Commissioner Diaz de la Portilla: A short, efficient conversation. Chair King: If that is the will of the body, we can have an efficient conversation about PH.1. So we will not defer PH.1. Commissioner Diaz de la Portilla: And I cannot speak on behalf of Commissioner Carollo, but I'll keep it short, I promise. Chair King: Okay. Commissioner Reyes: (INAUDIBLE). Chair King: PH.1 will not be deferred. It's going to have -- may be deferred after the conversation, but we're going to have discussion on PH.1. Commissioner Russell: So well remove that from the order of the day. Chair King: Right. So is there anything else? Commissioner Russell: I'll make a -- Chair King: Commissioner Russell? Commissioner Russell: Yes, I'll make the motion for the order of the day, but I would like to discuss PZ.3, 4, and 5, the medical marijuana appeals. We're going to see more and more of City of Miami Page 12 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 these. And I believe we gave direction at the last appeal to the management to start working on an ordinance. If the will is there. Chair King: But the applicant has pulled it. We haven't. The applicant wants to pull. Commissioner Russell: Right. But in my briefing, I also discussed the idea that we're going to see more and more of these. And we're not setting the rules of the road, so more applications are going to come. I would like to see us work on a permanent ordinance, and I'd like to direct the management through -- Commissioner Diaz de la Portilla: On which one? Commissioner Russell: This is the medical marijuana appeals. And just to see if the will of the body is here to pass an ordinance that will further regulate how medical marijuana is handled in our city, and get it done. So I think the direction -- Chair King: I don't know that would want to have that conversation today, particularly -- Commissioner Reyes: That's right. Chair King: -- because we're going into the budget hearing today -- Commissioner Reyes: Yes. Chair King: -- at 5:05. Commissioner Russell: This is the discussion and this will be it, just directing them to start working on an ordinance. Commissioner Diaz de la Portilla: They already -- Commissioner Russell: I'm happy to sponsor it, but I haven't seen anything in my office for the last couple of months. Commissioner Diaz de la Portilla: Well, the problem is that they're already working on an ordinance that I requested, so they're already working on an ordinance that I already requested. So it's not finalized yet, but I agree with you that -- Commissioner Russell: Count me in as a co-sponsor. Commissioner Diaz de la Portilla: Absolutely. Yeah, we have to figure out a way to have a uniform -- Chair King: Okay, so they're doing that so we don't need to. Commissioner Diaz de la Portilla: We have to figure out a way to have a uniform policy. Commissioner Russell: Thank you. Chair King: Yes, I agree. Commissioner Diaz de la Portilla: So we're going to do that. Chair King: I just don't think we need to add discussion items to this. Commissioner Reyes: Commissioner Russell, don't worry. We know you're a card holder that you'll be able to go and get your dose. City of Miami Page 13 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Russell: I'm tired of driving so far. Commissioner Reyes: That's right. You're driving too far, man. You want to have it around the corner. Commissioner Diaz de la Portilla: We need to welcome, more important than anything else right now, we need to welcome -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- Mr. -- where are you, sir? Commissioner Reyes: Barnaby. Commissioner Diaz de la Portilla: Barnaby Min. Where is he? Did he leave? Ms. Mendez: He's quick. He went -- Commissioner Diaz de la Portilla: Oh, he left? Ms. Mendez: He went that way. Commissioner Diaz de la Portilla: Well, he's back. Ms. Mendez: Somebody needs to grab him. Commissioner Diaz de la Portilla: Yeah, somebody needs to bring him and we want to welcome him back to City Hall. Commissioner Reyes: Yes, that's right. Commissioner Diaz de la Portilla: He's been sorely missed. Chair King: Mr. Manager. Commissioner Reyes: Also, I want to welcome our City Attorney from her surgery. Commissioner Diaz de la Portilla: Yes, welcome her back too. Commissioner Reyes: And I'm so glad to see you. Commissioner Diaz de la Portilla: I'm not too sure about her. but she's already told me I can't do two things, you know, so -- Commissioner Reyes: Be kind. Be kind to her for once. Remember, she was hurt. Chair King: We're a feisty group today. Mr. Manager -- Commissioner Diaz de la Portilla: Welcome back. Chair King: -- I would like to discuss SR (Second Reading) -- I'm sorry, PZ.8 and 9. I don't want PZ.8 and 9 to be deferred. Mr. Noriega: Can I give you my reason for wanting to defer it? Chair King: Yes. City of Miami Page 14 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Noriega: Okay. So, late yesterday, through one of our briefings, we found that Brickell City Centre, the owner, had proffered, as part of this ongoing conversation relative to a fire station. for the area, an alternate location for a permanent station, but it happened very late and without an opportunity for us to evaluate it properly. And I just feel like it 's kind of such a late introduced topic or alternative that I think we owe it to ourselves and to Fire to allow us the chance to have the conversation with them because it didn 't come through my office and it didn 't come through the fire department per se. So I just think deferring it for one more meeting gives us a chance to properly evaluate it. Chair King: Mr. Fire Chief do you agree with that? 1 think all of the issues could be ironed out between first and second reading, but I will take your direction. Commissioner Russell: We're on second reading. Joseph Zahralban: Thank you. Joseph Zahralban, Fire Chief Department of Fire -Rescue. I do share the Manager's concern in that this is something that we are currently evaluating and did come to us a little bit late in this process, so I would join the Manager and ask that we do have a little more time to evaluate. Chair King: Okay. Commissioner Diaz de la Portilla: Can I be recognized? Chair King: Yes. Commissioner Diaz de la Portilla: Okay, thank you. Chair King: You 're a little froggy today. Commissioner Diaz de la Portilla: Of course, you're going to agree with your manager. He's your boss, right? So you're not going to publicly disagree with your manager. The question is, and this actually came last week -- Mr. Zahralban: Yes, sir. Commissioner Diaz de la Portilla: -- right? -- where they proffered a particular location for a fire station, which was a concern. What you got -- where they proffered, the Swire Group, proffered a particular location. Why not -- what's the problem from your perspective? Is there a problem with a particular location? I'd like to know the answer to that before I vote to defer this. Mr. Zahralban: Yes, sir. On cursory evaluation, we do have concerns with the -- Commissioner Diaz de la Portilla: What are they? Mr. Zahralban: -- the location that is proffered. It is about four blocks from Fire Station 4, an existing fire station, and when you consider the one-way streets that are surrounding that area and the area that we are trying to concentrate resources within for those citizens, it takes -- it will take approximately the same time to respond from that station as it would from Station 4. Thereby I would have concern that we're not truly enhancing service as we would if it were in the North Square site of Brickell City Centre. But again, I would like a little more time to evaluate it. Commissioner Diaz de la Portilla: Do you --? That's your preliminary thinking. Is that right that that's not a good location because of the one-way nature of the street? City of Miami Page 15 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Zahralban: Yes, sir. Commissioner Diaz de la Portilla: And the other location was the North Square site. 1s that a better location, in your opinion? Mr. Zahralban: From a response perspective, the North Square site does seem to be a better location to concentrate resources in that further north and further east area from the existing Fire Station 4, ves. Commissioner Diaz de la Portilla: It's three -- it's about a three block difference, right? Mr. Zahralban: It's a little more than a -- I think about a four block difference. Commissioner Diaz de la Portilla: And you want to defer it just until the 13th of October, correct? Right? Mr. Zahralban: I'll defer to the Manager on that. Commissioner Diaz de la Portilla: No, I'm asking the Manager. I was looking at you but I was asking him. Mr. Noriega: Yes. Commissioner Diaz de la Portilla: To the 13th? Mr. Noriega: That was the request. Chair King: Okay. Commissioner Diaz de la Portilla: Is that okay with you, Madam Chair? Chair King: Commissioner Russell. Commissioner Russell: Thank you. And I was happy with the deferral, but to hear the chief discuss the North Block site as an optimal site, that's where the original plan was, correct? The North Block site. Mr. Zahralban: Yes, sir. Commissioner Russell: And currently the difficulty, is that since they're not developing that under market conditions for a while, they're proffering a temporary version now that they could finish before the end of this year, and a seamless transition with continuing service into the permanent when that happens. Is that satisfactory to you? Mr. Zahralban: The -- you are correct in that the site is a temporary site. As far as the continuity of service, that is something that we have proffered to the Manager, but I am not completely familiar with the discussion between the Manager's office and Brickell City Centre. Commissioner Russell: So Madam Chair, from my position on the issue before us on PZ.8 and 9, if they were to proffer a guaranteed continuity of service between the temporary and the permanent, and if they were to get the temporary up before the end of this year, I'd be willing to move forward with PZ.8 and 9 today. Because if the other site doesn 't work -- Commissioner Diaz de la Portilla: It's not the end -- Commissioner Russell: -- for the fire station -- City of Miami Page 16 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: It's not the end of this year. 1 think it's --it's not the end of this year, right? Chair King: What I believe would be a fair compromise for this moment is that if the parties take this opportunity to discuss this agreement that you may or may not have come to, and we can address it when we get to the PZ items. We can still defer it; we can move it forward if the parties are comfortable. Is that fair? Commissioner Diaz de la Portilla: Well, let's not defer it. Let's not defer it and leave it open. Want to defer it later on, we can defer it. Chair King: Right, that's what I mean. Commissioner Diaz de la Portilla: We can still defer it, but we can still defer it by then. Chair King: We can defer it -- Commissioner Diaz de la Portilla: Yeah. Chair King: -- we can defer it when we get to our PZ items. Commissioner Diaz de la Portilla: Yes. Chair King: But this gives you an opportunity to speak to each other. And if you're still -- if the Fire Department still believes that it should be deferred because they need more time, then we'll make our decision at that time. So right now -- Mr. Zahralban: That's fair. Chair King: -- it gives you -- Commissioner Diaz de la Portilla: They have a couple of hours. Chair King: It's fair. It gives you a couple -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Chair King: -- it gives you a while to discuss it some more. Commissioner Russell: Madam Chair, I'll move the order of the day with that removed. Commissioner Diaz de la Portilla: I'll second that. Chair King: Okay. So, we have not deferred PZ.7 or 8 or 9. We'll address it again when the PZ items come up. Yes? Spencer Crowley: We're here -- for the record, Spencer Crowley, 98 Southeast 7th Street. We're going to go try to find Fire right now and meet with them. Commissioner Diaz de la Portilla: They're right behind you. Mr. Crowley: I think they're right here so -- Commissioner Diaz de la Portilla: Right behind you, right there. City of Miami Page 17 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Crowley: But to answer your question the temporary station will be operational by the end of the year. We're -- as long as we get the DERM (Department of Environmental Resources Management) and the WASA (Water and Sewer Authority) approvals. Commissioner Diaz de la Portilla: Sure. Mr. Crowley: So -- Commissioner Diaz de la Portilla: And that's going to happen in two months. Mr. Crowley: Well, it should happen -- Commissioner Diaz de la Portilla: Like DERM moves that quickly in Miami -Dade County. Mr. Crowley: It should happen quickly, we're hoping. But we can use -- Commissioner Diaz de la Portilla: Good luck. Mr. Crowley: -- the City's help with that and if we can get that done quickly, then this thing will be open, the temporary station will be open. Commissioner Reyes: Madam Chair? Commissioner Diaz de la Portilla: And that one's 4,500 -- is it 4,500 square feet or something? Mr. Crowley: 5,500 square feet -- Commissioner Diaz de la Portilla: 5,500. Mr. Crowley: -- of land with, you know, the trailer and the parking and everything so. Commissioner Diaz de la Portilla: It's a full station in essence. Mr. Crowley: The full temporary station as speed out by Fire. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Madam Chair? Chair King: Commissioner -- Commissioner Diaz de la Portilla: Spec 'd out by Fire. Commissioner Reyes: Yes. Chair King: Commissioner -- Mr. Crowley: Correct. Commissioner Reyes: Madam Chair? Chair King: Commissioner? Commissioner Reyes: Yes, I do understand Mr. Manager's rationale and his decision to defer, to ask JOr deferral. Yesterday, and I'm doing again, it's closer here, it was yesterday, the day before yesterday, with this gentleman on this issue. And they proffer the new site as a permanent station that they are willing to build a permanent station. And I think that is an City of Miami Page 18 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 alternative that should be thoroughly analyzed because I don't think that the problem here is that we want to be on Brickell or we want in that area a fire station that will serve the area, not only Brickell. We will serve the whole area. And I believe, Mr. Manager, that that alternative should be thoroughly analyzed also. And that's why I did agree with your request for a deferral. We can -- if you are going to -- now you're going to meet and you are going to be discussing the permanent versus the temporary and the continuity of service, you have to include in that equation the alternative site that has been offered by them, which is it 's totally detached from the building. It's going to be a standalone fire station. And I think, in my opinion, it's very interesting what I heard about it, you see. What I don't want this to become, a capricious, I would say, desire to have one on Brickell or to have one in that building because you promised. No, 1 want you guys to analyze which one will be, which site it will be more beneficial and it will serve more people, and that is, which one will be better for the city of Miami. Not for where I want to be or where I don 't want to be, or these people promise they have to deliver. No. Be open-minded and analyze all the alternatives that we have. We have an alternative that is going to be temporary, and then it will be converted into a permanent, or we can build a permanent, you see, which will come faster. And I think that you will have better input, the Fire Department will have better input on how that is going to be built. It's going to be built (UNINTELLIGIBLE) you, to what you need. And please open your minds and analyze it very carefully and take into consideration the benefit of the City first. Okay? Chair King: Thank you, Commissioner. Thank you, guys. I look forward to hearing from you this afternoon. So do 1 have a motion? Mr. Hannon: Chair, you already have a motion and second. Chair King: A second. All in favor to set the --? The Commission (Collectively): Aye. City of Miami Page 19 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 12627 PROTOCOL ITEM Honoree Presenter Protocol Item Yunior Santana Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Yunior Santana, Theater Manager responsible for the management of Manuel Artime Theater, Olympia Theater, and the Marine Stadium. Mr. Santana exhibits passion and dedication serving many of the residents and Elected Officials are confident that he will continue to excel and serve the community with distinction. Chair King: We have one -- we have one proclamation I'm being told. Come on. Presentation made. PUBLIC COMMENTS FOR ALL ITEM(S) 12635 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 22, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, we will take public comments on all of the items that appear on this agenda only. This agenda only. All items that appear on this agenda only. Good morning. Clarence Davis: Good morning Madam Chair, Commissioners. My name is Clarence Davis. I'm the owner of 13 Pirates Eat food truck located in -- it's based out of District 5. Early this year, Brightline, NANA (Neighbors and Neighbors Association) and Miami Dade College, they sponsored a food truck competition for chefs living in the 33136 zip code, ensuring qualifying chefs in that area are included in the expanding business culture of the downtown Miami area. I was blessed to be one of the three winners. Brightline has invited us to bring our food truck service to operate on their private land in order to offer food truck style meals to their commuters and to the growing downtown population. In addition to it being great lunch or dinner for nearby federal and government employees, this amendment for 12281 will also pave a way for more businesses such as mine to create several jobs and donate taxes to local nonprofits that continue to uplift the young boys and girls in District 5. It's not too late for them and it would be my honor. Thank you. City of Miami Page 20 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Congratulations. Good morning. Amy Clement: Good morning. Chair King: Good morning, Vice Chair. Ms. Clement: Good morning. Hi, my name is Amy Clement. I'm the vice chair of the City of Miami's Climate Resilience Committee and I'm also a professor of atmospheric science at the University of Miami, and I live at 1766 Opechee Drive here in the city. So first I want to thank you all for your service to the city and your district and all eyes are on the City of Miami as it adapts to climate change and we are pleased to see that there are two discussion items on the agenda. They're directed at improving the cty's resilience and its infrastructure. We ask that you support the two items, the two discussion items, Jrothe following reasons: Discussion Item 1 is a resolution that would have the City Manager adopt a policy to consider multiple climate benefits in the design of stormwater management and flood mitigation. This presents an opportunity for innovation and instead of focusing solely on a single problem to solve, stormwater, the City could address heat mitigation, heat and stormwater monitoring, greenhouse gas reduction, and future mobility. The City has already signaled its commitment to this approach with the Resilient 305 strategy, the Miami Forever Climate Ready Strategy, and the City's updated Stormwater Master Plan all call for an integration of natural infrastructure, and this policy would affirm the City's sincerity on that. A second discussion item, number three, to eliminate the prohibition of planting mangroves along the Miami Baywalk Greenway along Biscayne Bay. So our Climate Resilience Committee passed a resolution to amend the City's code to eliminate this prohibition. It's important for our city to have a range of options for managing the effects of climate change and we passed this resolution so that we do not limit our options by banning mangroves in the bay walk. We need every tool we have available. Chair King: Thank you. Ms. Clement: Ijust want -- Chair King: Thank you. Ms. Clement: Okay. Chair King: Thank you. Ms. Clement: Thank you. Chair King: At this time, we would like to take up an item. I'm going to pause public comment for a second because we need to take up one item. [Later...] Chair King: At this time, we will resume public comments. Good morning. Morton Ehrlich: Good morning. That was quite a story to follow. It's quite amazing and truly well -deserved, in my opinion, anyway. What I'd like to discuss pales in comparison, but it's nonetheless quite important to all of us. My name is Morton Ehrlich. I reside at 1000 Venetian Way. I'm president of the 1000 Venetian Condo Association. Sponsored by Commissioner Ken Russell and Commissioner Joe Carollo, I'm commenting today in support of FR.4, Ordinance 12215, to remove the time -- literally time -worn noise exemption on city leased property. You know, times have really changed. Population density has shifted, increased, and now when combined City of Miami Page 21 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 with the improved technology of sound and speaker distribution systems, especially what we call base and sub -base noise, the disruption of what had been an established quality of life for so many more people now is quite serious. It's truly a time for both recognition. Of course, we just recognized the ultimate, but at least in our case, it's time jroboth recognition and change as Commissioners Russell and Carollo have clearly recognized. I can speak specifically to the extreme noise from Joia Beach Club on Watson Island, just about a ,football field away across the narrowest part of the channel between Watson Island and Venetian Causeway. Joia Beach Club opened in 2020, located on Watson Island with operating hours between noon and 11:00 p.m. It's closed several days of the week, but open on weekends, Friday through Sunday. And on these days, the noise, the music, and the bass and sub -bass sound is truly outrageous. It's just impossible to live there. Vice Chair Carollo: Until what time -- Chair King: Thank you. Vice Chair Carollo: Until what time are they open on weekends? Mr. Ehrlich: Legally, they are allowed to be open until 11:00 pm. As a practical matter, you don 't want to be near that place at midnight. Commissioner Reyes: Which place is referring to? Mr. Ehrlich: But -- Chair King: Joia. Mr. Ehrlich: I have to add that very often -- Chair King: Sir? Mr. Ehrlich: -- my personal messenger -- Chair King: Thank you. Sir? Mr. Ehrlich: We've sent Commissioner -- Chair King: Si,' thank you. Your time is up. I have to allow everyone else. Your two minutes are up. Mr. Ehrlich: My two minutes are up? Chair King: Yes. Sorry. Mr. Ehrlich: I need 30 seconds. Chair King: No. I have to go with my next person. Mr. Ehrlich: Well, anyway, thank you for the time. Chair King: Thank you. Mr. Ehrlich: And thank you for the opportunity -- Chair King: Thank you. City of Miami Page 22 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Ehrlich: -- of hearing the previous discussion. Chair King: Good morning. Clifford Mermell: Good morning Ms. Chairman -- Chairwoman, and Mr. Vice Chairman and Commissioners. Thank you for your time. My, name is Clifford Mermell. I've been a resident of Miami, Florida for 59 years. I'm also an attorney. I went to University of Miami Law School, as did my father and my two sons. I'm here as a homeowner today with my neighbors Massimo Fortunato and Diana Monaco, who both have donated their time to me to speak this morning. We are challenging PZ.6. We believe the process for this development is fundamentally, flawed and unlawful. We challenge the legality of the process that authorized it because the City departed from the express requirements of the City's Zoning Code and Comprehensive Plan by entering into a settlement agreement which waived the mandatory public notice and meetings and opportunity for public comment otherwise required for approval. As a result, at multiple junctures, members of this community were not given their due opportunity to raise legitimate questions, present evidence, and have their concerns properly considered. This hearing today, you might argue, but it is too little too late. It is our position that the settlement agreement and the development approvals, orders, permits, or other authorization issued by the City should be void and ab initio and ultra vires and they are unenforceable. I've lived in my home for six years. The selling point of my home was -- one of the main selling points was a beautiful forest of over 60 Australian pine trees in my backyard. I watched hawks put their nests up there, and I enjoyed the natural beauty of these pine trees. I have learned that they are an invasive species, but I've also learned that with proper notice, people have objected to them being cut down and have been successful with that objection. On September 6th at 7:30 a.m. I was awoken to the sound of violent chainsaws cutting down 61 Australian pine trees. We were not provided with notice. My, neighbors were outraged. We went over and tried to stop this, but it couldn't happen. Eighteen days later, we were provided with a notice of this public hearing talking about the construction of an eight -story building directly in our backyard. This building will tower over our houses so that the neighbors will be able to look down into our pools and our outdoor showers. It is absolutely outrageous. We object on several bases, including the destruction of natural beauty, the destruction of a natural ecosystem, the reduction of enjoyment of viewing and experiencing nature, the reduction of the value of our homes, the reduction of the privacy of our backyards, the blocking of sunlight, moon viewing, enjoyment of nature, increase in noise pollution and dust during construction, increase in traffic and population density. We ask at a very minimum that this project consider another location for the construction. There are places on this property where they could construct this building so that it does not interfere with our enjoyment of our homes. We also ask that they should be required to plant at least 60 large native trees to replace the forest that they cut down. And they should have to create a reasonable privacy buffer between the property that they are developing and our homes. And finally, compensate us for loss of property value. That's all I have to say. Chair King: Thank you. Good morning. Giannina Botero: Good morning. My name is Giannina Botero and I live at the 1000 Venetian on the Venetian Islands. I am the neighbor of Watson Island and Joia Beach Club. And I'm here to approve Ordinance 122215 -- I'm sorry, 12215, supporting the removal of noise ordinance exemptions in city lease land. Today is Thursday, and unfortunately, I don't know if my family and I are going to be able to sleep throughout the weekend because of the noise issues that are going on on the island. Last weekend it was a total nightmare. It was from Thursday 'til Saturday, starting at 8:00 p.m., sometimes at 5 until 3:00 a.m. Not only Joia, but also other events happening at Watson Island. My son and I had to go to sleep to my walk-in closet. And I don't think City of Miami Page 23 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 that's the lifestyle that we want, that we're looking for. It's -- I call the police and they even feel bad for us. So I'm really asking for you guys to, you can come any time, any weekend, come listen to the sound. You'll be -- you'll notice you are not able to eat, you're not able to sleep. This is no joke. It's not about -- it's not about me having not even a quiet time, it's about us as a family being able to having something basic as sleeping. That's it. We're not asking for more. So that's my -- Vice Chair Carollo: Ma'am? Ms. Botero: -- you know, comment and my request to you guys. Vice Chair Carollo: Ma'am, I was at Maurice Ferre Park a couple of weekends ago, past midnight, and there was a tremendous amount of music that you could hear in the park. And to my surprise, where it was coining from was right where you're saying, in Watson Island, whatever this place is called now. And I just thought about it the moment that if could hear it all the way in Maurice Ferre, the opposite side, so far away, I could imagine, and I can 't imagine what it's like right across the water where you live at. Ms. Botero: Thank you. Thank you. Chair King: Thank you. Good morning. Elvis, do you need some time? Good morning. Daryl Mendez: Hey, good morning. So, my name is Daryl Mendez. My address is 8252 Northeast 3rd Court. I'm speaking here on PZ.2. Really happy to be here to support the endeavors of Pelican Harbor Seabird Station moving into their new location. That new location is actually one block away from where I live. I walk my dog right in front of the property pretty much every day. I'm glad that the land is being put to good use and also being made for a good cause. The new location is going to provide more space for all of the patients that they've been getting. They've had an increase of 275 percent of new patients annually. They're now serving about 2,500 patients per year and that added space is going to be necessary in order to, you know, provide space for those animals. They are Miami's only native wildlife hospital. They have been serving the community now for over 42 years and they are deeply respected and one of Miami's most beloved non profits. So delighted to be their future neighbor and hope that the City is in support of their efforts of caring for wildlife in our community. So that's all I wanted to say. Thank you for your time. Chair King: Thank you. Good morning. Nathan Kurland: Good morning, Commissioners, ladies and gentlemen in the audience. My name is Nathan Kurland, 3132 Day Avenue, Coconut Grove. A patient said to his doctor, `Doctor, I think I'm shrinking." The doctor replied, "Sit down and be a little patient.- FR.10 is something I cannot be patient about. As a member -- board member of Scenic Miami, board member of Scenic Florida, 11-year member and signator of Bayfront Park, I have to speak in opposition to FR.10. Over the past several years, the City Commission has opened the barn door to an industry that has little regard for our natural beauty and quality of life, advertising on barges, planes, buildings, everywhere you look, advertising. Ferro and Bayfront Park are signature parks for the City of Miami. If you allow FR.10 to pass what would be the eventual result will be parks full of advertising. Please Commissioners, vote in opposition to FR.10. Thank you. Chair King: Thank you. Elvis? No? Good morning. Latoya Williams Shelton: Good morning, Madam Chairman and Commissioners. Thank you so much for this time to speak on today. My name is Latoya Williams City of Miami Page 24 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Shelton. I am an attorney out of Jacksonville, Florida, but 1 come to you to speak on behalf of Mr. Richard Anderson, who is property owner and RE.1 is the item on the agenda and that property address is 1030 Northwest 45th Street. That address has been noticed today for a notice of mitigation before you for a $944,000 lien that was placed on this property as a result of some issues that came about with code enforcement. It was deemed an unsafe structure. The City did incur costs demolishing it and also land clearing liens as well. I could give you several excuses. Mr. Anderson is not a native of Miami. His aunt was. When she became ill, he did move her down to Gainesville with him. He's been taking care of her. He's had several different health issues himself. He is present here today sitting in the back as an amputee and also someone who was actually near death. The City had a PO Box address on file for Mr. Anderson, so he was not receiving those notices. Once he received the foreclosure action from the City, we have been working with the State Attorney -- the City Attorney, I'm sorry, since that time, and Mr. Anderson has paid a little over $20,000 in costs covering and -- Vice Chair Carollo: How much? Ms. Williams Shelton: -- curing all of the costs that the City has had to pay out on his behalf for this property. On today, the prayer and the request is that the city mitigate that $944,000 lien to something that is reasonable so that Mr. Anderson and his family can continue to keep this property, if not sell it or do whatever they wish with it. And that is the prayer for today, and I would hope that the Commission would consider it. Thank you so much. Chair King: Thank you. Elvis, are you ready? Elvis Cruz: As soon as they put me on the screen, I'm ready. They have to switch it in the back. Okay, there we go. Thank you. Elvis Cruz, 631 Northeast 57th Street. Regarding Discussion Items 1 and 3, mangroves have benefits if they cover a large area. But a narrow planting of mangroves along a shoreline will not protect from storm surge. An FIU (Florida International University) scientist said that even one mile of mangroves will not significantly decrease storm surge. Example, the distance from the Dade County Courthouse to the seawall in Bayfront Park is one kilometer. If that kilometer was a mangrove forest, it would decrease the height of the storm surge by only 9.4 centimeters, which is the height of this paper that I'm holding in my hand, an insignificant benefit at an enormous cost. Nor do mangroves prevent erosion. Here's a picture from the state of Florida showing mangroves destroyed by Hurricane Irma with much coastal erosion. The picture speaks for itself. Mangroves cannot defy the laws of physics. Planting a narrow row of mangroves does nothing. It's a token for the look, but it would block the public's view of the bay and create regulatory problems. Bay walks exist so people can walk along the shore and enjoy the view. Here's what you recently did at Alice Wainwright Park, a seawall at the shoreline so the public can enjoy the view. Wonderful. Here's Albert Pallot Park, also a seawall at the shoreline. Logical. Here's what the bay walk for Morningside Park should be, the same design with the seawall at the shoreline, just like you did at Wainwright and Pallot. This is common sense. But instead, the plan is to have a large, low-lying area of three -foot -tall marsh grass that would surrender the waterfront to flooding with the seawall set back 23 to 77 feet. This makes no sense at all. Please, change the proposed design for Morningside Park to this traditional bay walk design so the public can enjoy the entire waterfront. Thank you, and there's more detailed information in my handout I'll hand out now. If anybody has any doubt about what I've said, please challenge me. Thank you. Chair King: Thank you. Good morning. City of Miami Page 25 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Bradley Friedman: Good morning. I'm here on RE.2. My name is Brad Friedman representing Demale, LLC (Limited Liability Company). This is a motion for mitigation of a code enforcement lien in the amount of $63,250. The address is 3639 Northwest 15th Avenue. I want to provide you with a brief background of this property. It was purchased by Rivera Property, LLC in October 30th of 2014. The property was not in excellent shape at that time. It was also subject to a previous lien. That was CE2011-010177. This lien found the owner guilty of vacant, blighted, unsecured, and an abandoned structure. Rivera Property, LLC worked to resolve the violation and have the lien released, which included cleaning up the trash, mowing the lawn, securing the structure, and painting. And it was released on December 28th, 2017. Chair King: Okay. Mr. Friedman: And while the owner was taking these necessary steps to resolve that violation and bring the property into compliance, another lien was recorded and that's the lien we 're here for today. That's a graffiti was found on the property. The owner purchased the property with the intention of bringing it into compliance and thought he had done so when that prior lien was released. He doesn't recall receiving notice of this specific graffiti violation. And it's just strange to my client that when he went to release the lien back in 2017 for the prior violation, this graffiti violation wasn't released at the same time since it both involved similar type violations of disrepair to the property. The property was then conveyed to my client, Demale, LLC, in 2020. My client is in the process of applying for a permit. Chair King: Thank you. 1 'm sorry. Thank you. Mr. Friedman: Okay. Chair King: Your time is up. Mr. Friedman: We ask for your consideration in mitigating the fine. Chair King: Thank you. Mr. Friedman: Thank you. Chair King: Good morning. Rene Luis: Good afternoon. My name is Rene Luis. I'm here representing for PH.8 and PH 9. And represent -- from the board member for the Bay of Pigs Museum. Vice Chair Carollo: They were withdrawn. Mr. Luis: I'm here on behalf of my father. Chair King: Sir, that item has been withdrawn. Mr. Luis: You know, it's just a public comment that we wanted to make. Chair King: Oh, okay. Mr. Luis: We had -- if we could please have one second. Chair King: Okay. City of Miami Page 26 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Luis: What we wanted to say is that forget about what you may or may not have heard in newspapers, et cetera. What we wanted to make was an official statement as to what we feel about Commissioner Carollo and how he has been a staunch supporter for our group and we welcome that and we continue that and we can 't say enough about how much he's done about our group and the people that he represents in the area. Vice Chair Carollo: I appreciate that very much, but frankly, I don 't need defending. Mr. Luis: You what? Vice Chair Carollo: Especially -- I said that I appreciate very much your statement, but 1 don't need defending. Since a little boy, I've always was taught and I've learned that into any fight that 1 get into, counting myself, me and I, to be able to get me out of it. And -- Mr. Luis: We don't -- Vice Chair Carollo: -- that's done me well in life -- Mr. Luis: Mr. Commissioner. Vice Chair Carollo: -- because many times people go into things thinking that someone's going to get you out of something and that's where you get stuck. Mr. Luis: Let me say something. Vice Chair Carollo: I never go into that in that fashion. Mr. Luis: We are not politicians. We -- Vice Chair Carollo: I understand that, but what I'm saying is that because some paid bought for blogger that is paid constantly to attack me or others in this commission or the Mayor, I'm not giving that the time of day. So, I appreciate you here and the statements that you 've made, but you know, I don't need any defense. I do things out of principle, whether right or wrong, they're out ofprinciple and -- Mr. Luis: We're not saying that to defend you. We're basically saving -- speaking the truth. And what we need, we need a museum in that area. We want to keep the memory alive of the brigade members, those that are still alive and those that have passed away, like Jorge Mas Canosa. And we're going to fight for it, because this is our -- this is for my dad, for our father, and for all the brigade members. So they 're a huge part of the city of Miami's history. And please, we need your continuing support for this. And well fight anybody. Well stand up, because this needs to be fought for, and we believe in this. And this we're doing for my father, our father; and all the brigade members. Many of them are passing away, and we want to make sure that this gets done before they leave this earth. We want them to see this through. And I'm telling you, this is very passionate to my heart, my brother's heart, we're a family of seven. We grew up just like him, Jorge Mas Canosa, with nothing in this country. And we came here and fought, and we've grown, and what these men have done and meant for our families and for us, it's all over this community. There's been a great, great inspiration for us and I can't say enough about that. So please, what we came here to say, what I should tell you that what you hear in the papers about statements that the Bay of Pigs may have made or nothing, it's not the facts. We support Commissioner Carollo and all the support because when it's April 17th and, you know, all the big hoopla for other places that happen, all parties and everything, on April 17th, the time that matters, when they all meet there by the torch, Commissioner Carollo is City of Miami Page 27 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 always there. And they're there, and they mention the names of everybody who's passed away, that fought in the war and died, and they all say, (FOREIGN LANGUAGE), to remember them. So please, that's all we wanted to say. Chair King: Thank you. Carlos Luis: Thank you, Madam King, Chairwoman, Madam King. I would just like two minutes in regards to the PH.8 and PH9. My name is Carlos Luis. I'm vice chairman of the 2506 Museum and Library. And I don 't want to go over what my brother just said. We echo. We support him 100 percent. Just wanted to make sure that we stand by Commissioner Carollo who, as my brother says, has been there every April 17th. Let me also add that we needed 13 parking spaces to keep that museum going. And you bet you the next day he was there making sure we had those 13 parking spaces. We don't forget that. We don't forget that to find the space where we're looking to move our museum, the PH.9, Chairwoman King, we met with Chairman Carollo at 9 o'clock in the morning on a Saturday, on a hot summer Saturday and walked miles looking through places to put our museum, right, finalizing on that location that's noted on PH9. We won't forget that. So again, we thank everybody's involved. Manolo Reyes has also been a tremendous supporter of the brigade. We don 't forget that as well. And we thank you. But like my brother said, we need to make sure that their legacy doesn't MI in our hands. Chair King: Thank you. Mr. C. Luis: Thank you. We need your support. Thank you. Chair King: Thank you. Sir, I've got it. You're brothers. This item is not on the agenda. I allowed him the deference, but it's not on the agenda. It's not before us, so I'm going to ask that -- Humberto Arguelles: I'm just going to say a word. It's (UNINTELLIGIBLE) of the Bay of Pigs. Chair King: Okay. Mr. Arguelles: That's it. Chair King: Thank you. Luimar Zibetti Garza: To Jorge [sic] Carollo, you defend your (UNINTELLIGIBLE) even if they -- Chair King: Ma 'am, you spoke already. You spoke already. Ms. Zibetti Garza: No, no. Chair King: Yes, you did. Ms. Zibetti Garza: This is a specific item. Chair King: Ma'am, we had public comments, and you were up. Ms. Zibetti Garza: For that specific item. Chair King: Ma'am -- Ms. Zibetti Garza: Then you said you could make comments. City of Miami Page 28 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Ma 'am, we're not having you come up three, four, five, six, seven times. Ms. Zibetti Garza: Once again, I'm not being allowed my free -- Chair King: Is there anyone else here for public comments? Seeing -- sir, are you coming for public comments? Alex Villegas: I wanted to speak -- my name is Alex Villegas. I wanted to speak on DI.4. Victoria Mendez (City Attorney): Sir, can you put up your microphone? We can't -- Mr. Villegas: Sure. Ms. Mendez: Okay. Mr. Villegas: I wanted to speak on behalf of the homeless, just to remind you that the homeless are human beings as well. We 're all one and mirrors of each other. We're your mothers, your fathers, your brothers, your sisters, your daughters, and your sons. Not everyone can function in such a high pace in what is most of the time a toxic 9 to 5, money first, people last society. I ask that instead of seeing the homeless people as a nuisance and as a problem in Miami, that you take a moment to clear your eyes and ask yourself, how would I help my own family in need? How can I integrate them into society instead of truing to hide them away? We 're all beautiful souls having a human experience. We're all children of God and we're equal. And I'd like to thank you and just to hear that today. Chair King: Thank you. Mr. Villegas: Appreciate you. Chair King: Thank you. Mr. Villegas: Thank you. Chair King: 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: MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 29 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 12505 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ADDENDUM ("AGREEMENT") TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND TMSA ALTIS 5040 LLC FOR THE CITY OF MIAMI'S CONTINUED USE OF APPROXIMATELY NINE THOUSAND TWO HUNDRED EIGHTY SQUARE FEET ("9,280 SQ. FT.") OF OFFICE SPACE LOCATED AT 5040 NORTHWEST 7 STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE OF EXTENDING THE TERM OF THE LEASE BETWEEN THE CITY OF MIAMI ("CITY") AND CURRENT OWNER VALORO MED OWNER, LLC ("LESSOR"), FOR THE OPERATION OF THE INTERNAL AFFAIRS DIVISION OF THE MIAMI POLICE DEPARTMENT ("MPD"), FOR AN INITIAL MONTHLY RENTAL FEE IN AN AMOUNT NOT TO EXCEED APPROXIMATELY TWENTY THREE THOUSAND NINE HUNDRED SEVENTY FOUR DOLLARS ($23,974.00) (APPROXIMATELY $31.00 PER SQUARE FOOT PER YEAR), ALL INCLUSIVE AND WITH ANNUAL INCREASES, FOR A PERIOD OF FIVE (5) YEARS, AS MORE PARTICULARLY SET FORTH IN THE PROPOSAL ATTACHED AND INCORPORATED AS EXHIBIT A ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE MPD'S BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH HEREIN AND IN SAID AGREEMENT. ENACTMENT NUMBER: R-22-0352 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.l, please see "End of Consent Agenda." City of Miami Page 30 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 CA.2 RESOLUTION 12425 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH THE ENGINEERING FIRMS OF MASTER CONSULTING ENGINEERS, INC., DOUGLAS WOOD ASSOCIATES, INC., AND EASTERN ENGINEERING GROUP COMPANY, ALL FLORIDA PROFIT CORPORATIONS (COLLECTIVELY THE "CONSULTANTS"), FOR ADDITIONAL WORK CONCERNING THE PROVISION OF MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES SOLICITED UNDER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 16-17-018, WITH AN INCREASE TO THE EXISTING CAPACITY OF EACH OF THE AGREEMENTS IN AN AMOUNT NOT -TO -EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), THEREBY INCREASING THE TOTAL CAPACITY OF EACH OF THE AGREEMENTS FROM AN AMOUNT NOT -TO - EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO AN AMOUNT NOT -TO -EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00); ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENTS WITH THE CONSULTANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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-22-0353 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 31 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 CA.3 12486 Office of Capital Improvements RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO FLORIDA ENGINEERING AND DEVELOPMENT CORP. ("FED"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID ("ITB") NO. 20-21-004, TO PROVIDE CONSTRUCTION SERVICES FOR THE OVERTOWN GREENWAY AT NW 11TH STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) - PROJECT NO. B-173648, WITH A CONTRACT VALUE IN THE NOT -TO -EXCEED AMOUNT OF $882,353.40, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE NOT -TO -EXCEED AMOUNT OF $88,235.34, FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD VALUE OF $970,588.74, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH FED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Defer DEFERRED Ken Russell, Commissioner Alex Diaz de Ia Portilla, Commissioner King, Russell, Diaz de Ia Portilla, Reyes Carollo Note for the Record: Commission Meeting. Note for the Record: "Order of the Day." Item CA.3 was deferred to the October 13, 2022, City For nannies referencing Item Number CA.3, please see City of Miami Page 32 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 CA.4 12368 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT, FOR THE REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $128,654.92, WITH NO MATCH FUNDS FROM THE CITY, FOR MIAMI POLICE DEPARTMENT ("MPD") OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. ENACTMENT NUMBER: R-22-0354 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." CA.5 RESOLUTION 12510 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY OF MIAMI ("CITY") AND 145 ALBANY AVENUE, LLC ("LESSOR"), FOR THE CITY'S USE OF APPROXIMATELY TWO THOUSAND SEVEN HUNDRED AND FIFTY-EIGHT (2,758) RENTABLE SQUARE FEET OF WAREHOUSE/OFFICE SPACE, LOCATED AT 2858 NW 79TH AVENUE, MIAMI, FLORIDA 33122 FOR THE OPERATION OF THE INTERNAL AFFAIRS DIVISION OF THE CITY'S POLICE DEPARTMENT, WITH A MONTHLY RENTAL FEE OF APPROXIMATELY FIVE THOUSAND SEVEN HUNDRED AND FORTY-SIX DOLLARS ($5,746) ($25 PER SQUARE FOOT PER YEAR), WITH ANNUAL INCREASES FOR A TERM OF FIVE (5) YEARS, AS MORE PARTICULARLY DESCRIBED IN THE PROPOSAL ATTACHED AND INCORPORATED AS EXHIBIT A; ALLOCATING FUNDS FROM THE CITY POLICE DEPARTMENT'S BUDGET, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. ENACTMENT NUMBER: R-22-0355 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." City of Miami Page 33 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 CA.6 12548 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A THIRD DONATION FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("WYNWOOD BID") IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO ESTABLISH A SPECIAL REVENUE PROJECT TITLED: "THE WYNWOOD BID SECURITY SYSTEM PHASE THREE;" ALLOCATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND ACCOUNT NUMBER 12000.191501.466000.0.0, FOR THE PROVISION OF THIRTY (30) CAMERAS AND SEVEN (7) AUTOMATED LICENSE PLATE READERS AS A THIRD PHASE EXPANSION PROJECT WITHIN THE WYNWOOD BID AREA AND INTEGRATION INTO MPD'S REAL TIME CRIME CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. ENACTMENT NUMBER: R-22-0356 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: For my colleagues, may I have a motion for CA.1, 2, 4, 5, and 6? Vice Chair Carollo: Motion. Commissioner Russell: Second. Chair King: I have a second. Is there any appetite for a discussion of these items? Seeing none, all in favor? The Commission (Collectively): Aye. Chair King: Commissioner Reyes? Commissioner Reyes: Aye, aye, aye. Chair King: Motion carries. City of Miami Page 34 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12436 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS ("CDBG-CV3") FUNDS IN THE AMOUNT OF $2,075,000.00 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S SMALL BUSINESS EMERGENCY LOAN PROGRAM II TO THE DEPARTMENT OF PARKS AND RECREATION FOR ELIGIBLE PARK IMPROVEMENT ACTIVITIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.1 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.1, please see "Order of the Day." Chair King: Okay, we are now on the PH (Public Hearing) items. May I have a motion to pass PFI1, 3? Vice Chair Carollo: One was deferred, I believe. (COMMENTS MADE OFF THE RECORD) Chair King: One was deferred? Commissioner Russell: No, it was -- Chair King: No. (COMMENTS MADE OFF THE RECORD) Chair King: It was, but then it was released because -- Arthur Noriega (City Manager): You wanted to discuss it. Chair King: -- because we didn't want to defer it without you. Vice Chair Carollo: Okay. Chair King: Would you like it deferred? City of Miami Page 35 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Is the Administration recommending this, Mr. Manager? Victoria Mendez (City Attorney): I believe it was -- Mr. Noriega: I proffered it as a deferral. Ms. Mendez: Right, but I believe -- Vice Chair Carollo: Okay. Ms. Mendez: -- that Commissioner Diaz de la Portilla wanted to talk about PH.1. Chair King: No, he said he wanted to give him an opportunity because -- Mr. Noriega: That was his item. Vice Chair Carollo: Okay. Let's -- this is the two million that's being transferred from parks from the coronavirus, the CDBG (Community Development Block Grant) money, okay. I'm not going to stop other projects from going forward, but I just wanted to put in the record, Mr. Manager, just because my staff is not on top of people in this department all the time, and you know, we don't bite doesn't mean that we are naive to what's going on. There's not a penny out of this money that's going into District 3, not one penny. And District 3 is the district out of all of the districts in the city that has the least amount of parks. Now, 1 don't care if some of the people that work there like me, my staff or not, or they're more afraid of someone else, because we're very nice to them overall, just express their opinions. But Mr. Director, understand I'm not a punching bag, and this is being taken from the people of a district that have the least amount of dollars for parks and have the least amount of parks. So, if you want to see another side of me, keep that up, and I promise you, you will see it. Chair King: I have some concerns about this item, and I expressed that, and I believe that's why Administration put forth to defer it. If you have some -- I have some concerns about how the money is divvying up, and I'd like some more time to -- Commissioner Russell: Agreed. Chair King: -- meet with staff to go over this. Commissioner Russell: I'll move for the deferral, Madam Chair. Vice Chair Carollo: Alright. Mr. Noriega: So yeah, so that was the purpose of the deferral. Chair King: Right. Mr. Noriega: Was because there were questions and I think there's some uncertainty, I think, amongst our elected body in terms of the time sensitivity in this. Chair King: So I have a motion -- Vice Chair Carollo: Well -- Chair King: -- and a second for a deferral. All in favor? City of Miami Page 36 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 The Commission (Collectively): Aye. Commissioner Russell: October 13th. Todd B. Hannon (City Clerk): I'm sorry, Chair. Who was the seconder? Vice Chair Carollo: I second. Commissioner Russell: October 13th. Chair King: To October 13th. Okay, so -- Mr. Hannon: And then, I'm sorry, the vote? Chair King: Unanimous. Mr. Hannon: Unanimous. Chair King: All right. PH.2 RESOLUTION 12437 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $800,000.00 IN THE ECONOMIC DEVELOPMENT CATEGORY FROM DISTRICT 3 TO THE DEPARTMENT OF PARKS AND RECREATION TO BE USED FOR PARK IMPROVEMENT ACTIVITIES IN DISTRICT 3; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.2 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day." City of Miami Page 37 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.3 RESOLUTION 12429 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "CARDINAL PLAZA", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-22-0357 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: So now we have PH.3. Can I have a motion for PH.3? Vice Chair Carollo: Motion. Commissioner Reyes: Second. Chair King: PH5?PH3and PH5. Commissioner Russell.• So moved. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 38 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.4 RESOLUTION 12441 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING THE PROPERTIES LOCATED AT 5601, 5615, AND 5645 SOUTHWEST 8 STREET, MIAMI, FLORIDA 33134 AS A BROWNFIELD AREA WITHIN THE CITY OF MIAMI, FLORIDA, PURSUANT TO CHAPTER 376.80(2)(C), FLORIDA STATUTES MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.4 was deferred to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.4, please see "Order of the Day." City of Miami Page 39 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.5 RESOLUTION 12539 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) TO REBUILDING TOGETHER MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("REBUILDING TOGETHER"), IN SUPPORT OF SAFE AND HEALTHY HOMES IN THE AREA DESIGNATED "LITTLE BAHAMAS OF COCONUT GROVE"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0358 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.3. City of Miami Page 40 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.6 12545 RESOLUTION MAY BE DEFERRED Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Mayor 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 EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDING IN AN AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO GREATER ST. PAUL A.M.E. CHURCH, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE REHABILITATED A MIXED -INCOME HOUSING DEVELOPMENT ON TWO PARCELS THAT WILL CONTAIN TWO (2) CITY - ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND EIGHT (8) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 41 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.6 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.6, please see "Order of the Day." City, of Miami Page 42 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.7 12543 RESOLUTION MAY BE DEFERRED Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Mayor 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 EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDING IN AN AMOUNT NOT TO EXCEED FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE CONSTRUCTED A NEW MIXED -INCOME HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN TWENTY TWO (22) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND FIVE (5) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN ONE HUNDRED PERCENT (100%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 43 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.7 was deferred to the October 13, 2022, Citj Commission Meeting. Note for the Record: For minutes referencing Item Number PH.7, please see "Order of the Day." PH.8 RESOLUTION 12541 Commissioners and Mayor 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 RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC. ("BRIGADE 2506") FOR THE USE OF TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.8, please see "Order of the Day" and "Public Comments for allltem(s)." City of Miami Page 44 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PH.9 RESOLUTION 12540 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) AND SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED RESTRICTIVE COVENANTS, WITH AFFORDABLE HOUSING RESTRICTIONS AND SECTION 29-B(C) RELATED RESTRICTIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BRIGADE 2506"), OR A SUBSIDIARY OF BRIGADE 2506 OF WHICH BRIGADE 2506 POSSESSES AT LEAST A FIFTY-ONE PERCENT (51%) OWNERSHIP INTEREST AND WHOSE LEGAL EXISTENCE IS ACCEPTABLE TO THE CITY IN ITS SOLE AND ABSOLUTE DISCRETION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND A MUSEUM ON THE CITY - OWNED PARCEL OF LAND THAT IS CURRENTLY OCCUPIED BY THE TOWER THEATER PARKING LOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE TERMS AND RESTRICTIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.9, please see "Order of the Day" and "Public Comments for allItem(s)." END OF PUBLIC HEARINGS City of Miami Page 45 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.1 12330 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED JULY 15, 2015 FOR CASE NUMBER CE2015003889 FOR PROPERTY ADDRESS 1030 NORTHWEST 45 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0359 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Russell, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number RE.1, please see "Public Comments for all Item(s). " Chair King: Alright. We're going to take up RE. 1 now, Anderson. Is anyone here on behalf of RE.1, mitigation for Anderson? Have you reached a settlement with the City Attorney's Office? Latoya Williams Shelton: Yes, we have. Chair King: You have. Madam City Attorney? Deanna Rasco (Senior Assistant City Attorney): Good morning. Deanna Rasco, Senior Assistant -- Chair King: Good morning. Commissioner Diaz de la Portilla: I can't hear vou. Ms. Rasco: Sorry. Deanna Rasco, I'm with the City Attorney's Office, Assistant City Attorney. We did speak prior to this hearing. Todd B. Hannon (City Clerk): I'm sorry, Chair. We're having a hard time hearing the speaker. Vice Chair Carollo: Just pull the mic up. Victoria Mendez (City Attorney): Deanna, put the microphone closer. There. City of Miami Page 46 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: And you need to get a mask on. Ms. Rasco: Sorry, 1 apologize. Deanna Rasco, Senior Assistant City Attorney. We did, in fact, speak. This is currently in mitigation. Would you like a background at this point, or would you prefer --? Chair King: No, I have the background. It's my district. I don't know if my colleagues need it. Vice Chair Carollo: What is owed -- Ms. Rasco: What is owed -- Vice Chair Carollo: -- and how much are they giving us? Ms. Rasco: Okay, for history speaking, the lien is currently 94,000 -- $944,000. The violation is for outside failure to maintain lot in a safe, clean condition, allowing debris, trash, and growth. They have -- the property -- the structure was demolished. They paid the City $23,741 for the demolition lien, court costs, and attorney's fees as of today's date. Vice Chair Carollo: Okay, they paid the City $23, 000 plus for the demolition. Ms. Rasco: For the demolition and lot clearing liens. And the value of the property is $145, 796 pursuant to the Miami -Dade Property Appraiser's Office. Vice Chair Carollo: Which means it's probably $300, 000 or more. Ms. Rasco: $145,000. Chair King: It's a vacant lot. Vice Chair Carollo: Yeah, but still -- Chair King: The property was demolished. Vice Chair Carollo: -- I'm saying that if they have it at that, it's probably worth about $300, 000, maybe more, in real life. Chair King: So what is the proposal, the settlement? Ms. Rasco: We have not reached a settlement. We're before the board, the commission today to discuss -- Ms. Williams Shelton: Oh, I'm sorry. Madam Chairwoman, when you asked about settlement, I meant as it relates to the foreclosure action, not as it relates to the code enforcement lien. Chair King: Okay, so what are you -- we talked in our briefing and we came up with a number. I thought they were going to articulate that number to you. Ms. Williams Shelton: It was not. Chair King: Okay, so during our briefing, I got a briefing on all of the facts and what has happened. And based on what is owed, we thought $25,000 to settle the matter clean would be fair. Is that amenable to vou? City of Miami Page 47 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Williams Shelton: And that is just on the code enforcement? Chair King: No, that's everything. Ms. Williams Shelton: So that does include the $23, 000 that's already been paid? Chair King: No. Ms. Williams Shelton: Okay, so just $25,000 to settle? Chair King: Yes. Ms. Williams Shelton: 1 mean, I'd have to speak to the client. It's his property. He's already -- Chair King: Right. Ms. Williams Shelton: -- paid $23, 000. I'm not sure. Chair King: Well, that I can't waive. The $23, 000 covered the cost of the demolition. Ms. Williams Shelton: Correct. Chair King: So these are fee -- the fees that have been incurred is $945, 000. I understand that the property is now worth maybe $140,000, the land. And this $25, 000 is 3 percent or less than what is owed. So if you could take that back to your client and you can come back after you've spoken to him and we will just move on to the next item, okay? Ms. Williams Shelton: Yes, Madam Chairwoman, thank you so much. Chair King: Thank you. RE. 1 -- Ms. Williams Shelton: May I ask you really quickly, Madam Chairwoman? Chair King: Yes. Ms. Williams Shelton: I believe that I read something -- and pardon me because I am a Jacksonville attorney, I am not a Miami attorney. I believe that I read something that if we do agree to this, that that payment would be due in 30 days, is that correct? Chair King: I could maybe work something else out. We could work -- we could be flexible with that. Ms. Williams Shelton: Okay, thank you so much. Chair King: Okay, yes. [Later...] Chair King: Ma'am? Ms. Williams Shelton: Thank you all so much for the time and to be able to speak again. And I just wanted to say, Chairwoman, just to add to the situation, this property was inherited by Mr. Anderson. Chair King: I know. City of Miami Page 48 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Williams Shelton: And there was a family member staying there. They did also employ someone by the name of someone Brown to cut the property and they thought that that was being taken care of. So we do understand that you guys want to keep your city safe and want to keep it looking great. Unfortunately, he just was not receiving those notices and it didn't happen until he got the foreclosure action and he did take action right then. Unfortunately, Mr. Anderson can't afford to pay an additional $25,000 right now, but could pay an additional $10,000 within 20 days if that's acceptable to the Commission. Vice Chair Carollo: What is the status of this property now? Is it mowed? Is it cleaned? Chair King: Yes. Ms. Williams Shelton: It's been demolished -- Commissioner Reyes: Yeah. Ms. Williams Shelton: -- and there was a lot clearing lien. Vice Chair Carollo: Has it been kept that way for some time? Ms. Rasco: We haven't had any new recent cases, no. Vice Chair Carollo: Yeah, because what I don't want to see is that we take action here and the property is in that condition and it goes back to it right tomorrow again. Ms. Williams Shelton: Well, there was a structure on there as they have indicated and it has been cleared and it has been done. The plan is possibly to go ahead and move forward with selling the property. We will -- we intend to make sure, I have also talked to Ms. Rasco about making sure that we have Mr. Anderson's proper address so that if he does get those situations, they can be taken care of when they need to be. But it is the promise before the commission today that that property will not go back to be the same way. Commissioner Reyes: Madam Chair? Chair King: Yes. Commissioner Reyes: (UNINTELLIGIBLE), you agree with -- Chair King: I will accept a $10, 000 offer. Commissioner Reyes: I think that's fair amount. You want to make a motion? Chair King: Do I have a motion? Vice Chair Carollo: You have a motion. Chair King: Second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 49 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.2 12377 Office of the City Attorney Chair King: Motion carries. Ms. Williams Shelton: Thank you all so much for your time. Chair King: You're welcome. Todd B. Hannon (City Clerk): As amended? Chair King: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED JULY 5, 2016 FOR CASE NUMBER CE2015013517 FOR PROPERTY ADDRESS 3639 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0360 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item Number RE.2, please see "Public Comments for all Item(s)." Chair King: And the next one, RE.2, is Denude. Is someone here representing? Bradley Friedman: Good morning. Chair King: Good morning. Vice Chair Carollo: Can I ask a question, Chair? Chair King: Um-hmm. Vice Chair Carollo: Is the Law Department making sure that either individuals, but even more so, corporations, that you're checking who appear as the officers in the corporation, and then you check other corporations that we might have problems with that are similar, so that we don't have cases that might come up of serial offenders? And usually where you run into that problem is for corporations, but individuals obviously you see the names they pop up. So are we doing that? City of Miami Page 50 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Deanna Rasco (Senior Assistant City Attorney): Well, typically when there's an individual in a lawsuit all cross -attaching liens do appear in the complaint. As for this particular case, Commissioner, they were not the violator. They acquired the property after the violation, but I certainly can speak to -- Vice Chair Carollo: Yeah, but see, this is where I'm going. Ms. Rasco: Okay. Vice Chair Carollo: I heard that before from the gentleman, they were not the violator, but they knew what they were buying. They knew that property had problems, therefore, they got it, like so many, they're out there buying properties at a very low price because, for the most part, they're buying it from people that didn't know how to defend themselves or, you know, they got to a point that they owe so much, they thought were lost. So they bought it, figuring that they could buy it real low, and they could come to the board, now to this body, and wipe everything out, and then they got a heck of a deal. So the stuff and the story, oh they -- this is there before they bought it. To me, it doesn't fly. You know, show me what they paid for it at the time, and then I'll give you an answer. Chair King.: I'm going to defer to District 1, as this property is in District 1. Commissioner Diaz de la Portilla: I think the gentleman wants to address the Commission. Chair King: He did already in public comment. Vice Chair Carollo: Well, he can again if -- Commissioner Diaz de la Portilla: Well, he can again if I ask him to. You deferred to me, right? So I'm deferring to him. Is that okay? Chair King: I'm leaving it up to you, yes. Commissioner Diaz de la Portilla: Thank you. Sir? Mr. Friedman: Right, and the point I was trying to make during the public session was not that -- was not that they purchased this property with this particular lien. They purchased the property back in 2014 with a prior lien which they resolved. Commissioner Diaz de la Portilla: Right, correct. Mr. Friedman: During that time of resolution, another lien popped up which was almost very, similar to the lien they were in the midst of resolving. They thought they had come into compliance yet then they were served with this foreclosure. I've been working with Ms. Rasco since to, you know, to come here to address this and mitigate the fine and move on. Because they're in the process, they've applied for a permit, they cannot move forward because obviously there 's liens on the property. Commissioner Diaz de la Portilla: So what's the agreement? Ms. Rasco: We have no agreement, Commissioner. Commissioner Diaz de la Portilla: You don't have any agreement? Ms. Rasco: No, the only thing I would say -- City of Miami Page 51 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: Why not? Ms. Rasco: -- is that the lien is $63,250 and the property value is $127,000. This is for graffiti. They -- his client has paid $21,252 for a demo lien and special assessment. Commissioner Diaz de la Portilla: So go slow -- go slow with the numbers. What's the value of the property? Ms. Rasco: It -- the value is $127,000. Commissioner Diaz de la Portilla: 27. They paid 21. Ms. Rasco: Correct. Commissioner Diaz de la Portilla: Okay, plus, 21 and some change, okay. For graffiti violations. Ms. Rasco: Graffiti on the property, yes. Commissioner Diaz de la Portilla: On the property. Ms. Rasco: But then the property -- Commissioner Diaz de la Portilla: That was the violation. Ms. Rasco: Right, the only violation. Commissioner Diaz de la Portilla: That was the only violation. Ms. Rasco: Correct. Commissioner Diaz de la Portilla: And it's been accruing over a period of time. Ms. Rasco: Right. Commissioner Diaz de la Portilla: So what was the original fine? Ms. Rasco: $63,250. Commissioner Diaz de la Portilla: Right. At a property that -- well, let's say it's worth $250,000. It's $127,000. Let's say it's worth $250,000, right, something like that. $63,000, that's excessive, so I think for a graffiti violation. It's not a, you know, a building -- Arthur Noriega (City Manager): Commissioner, there are other violations. He's going to highlight those. Commissioner Diaz de la Portilla: Well, okay. That's important. Mr. Noriega: That it's not just graffiti. Rober Santos Alborna: (Director, Code Compliance): Good morning, sir. Commissioner Diaz de la Portilla: Yes. Mr. Santos-Alborna: For the record, Robert Santos-Alborna, Code Compliance Director. It's not only graffiti violations. City of Miami Page 52 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) . Mr. Santos-Alborna: There was also failure to maintain lot in safe, clean condition, junk and trash, et cetera, et cetera. So you had -- it's not only graffiti where the respondent is victimized by graffiti, but you had other violations. Commissioner Diaz de la Portilla: Right. Mr. Santos-Alborna: And it's not -- it's not the same. Commissioner Diaz de la Portilla: Well, well, well, then -- Mr. Santos-Alborna: This happened afterwards. Commissioner Diaz de la Portilla: -- take a step back. Mr. Santos-Alborna: Yes, sir. Commissioner Diaz de la Portilla: Tell me what the other violations are and tell me what the fines are for those violations vis-a-vis the fine for the graffiti. Mr. Santos-Alborna: The previous one? Commissioner Diaz de la Portilla: Because the graffiti is not their bad, right? Mr. Santos-Alborna: Understood. Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: So the other violation that ran with this -- Commissioner Diaz de la Portilla: The $63,000 -- Mr. Santos-Alborna: Yes, sir. Commissioner Diaz de la Portilla: -- how much for the graffiti violation? Mr. Santos-Alborna: No, the violations are -- are -- run concurrent. Commissioner Diaz de la Portilla: Well -- Mr. Santos-Alborna: So meaning that the -- once we identify there's a graffiti violation and then you -- the respondent was also cited for failure to maintain the lot in a clean, safe condition with junk and trash. Commissioner Diaz de la Portilla: That results as -- that's a result of the graffiti violation, right? Mr. Santos-Alborna: That is -- Commissioner Diaz de la Portilla: Because they didn't fix the graffiti or didn't fix whatever somebody else did to them. Mr. Santos-Alborna: I can't say it's a result of I'm saying -- City of Miami Page 53 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: It's a difference in my opinion between what someone does, knowing they're doing something wrong -- Mr. Santos-Alborna: Understood. Commissioner Diaz de la Portilla: -- and when something is done to someone. Mr. Santos-Alborna: Correct. Commissioner Diaz de la Portilla: And that's what happened in this case, in my understanding. Mr. Friedman: Yeah, I disagree with that. And I've actually -- Commissioner Diaz de la Portilla: If I'm wrong, tell me if I'm wrong. It was something that was done to the property, they were unable to keep up with what was being done to their property. Is that correct? Mr. Friedman: Yeah. Commissioner Diaz de la Portilla: Things were being dumped there? Mr. Friedman: Well -- Commissioner Diaz de la Portilla: And graffiti was being put there. And so it wasn't a violator that owned the property and decided he was going to do all these bad things knowing that he was doing bad things. This was someone that was actually' victimized, right? Mr. Friedman: Of course, yes. Commissioner Diaz de la Portilla: Okay. So why hasn't your department settled that to something that, taking those, you know, those mitigating factors into account? Mr. Santos-Alborna: I completely agree. I paean -- Commissioner Diaz de la Portilla: Okay, so -- Mr. Santos-Alborna: -- I just wanted to clari that in addition to the graffiti, just for the record -- Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: -- there were other violations, right? Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: So junk and trash and openly stored and failure to maintain the lot in clean, safe condition. So it's not only graffiti. That's all. Commissioner Diaz de la Portilla: But it's always that way, right? It's always that way. Mr. Santos-Alborna: Not always. Commissioner Diaz de la Portilla: Yeah, you -- City of Miami Page 54 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Santos-Alborna: There are times that the respondent is victimized, right? Commissioner Diaz de la Portilla: Right. Mr. Santos-Alborna: Graffiti, because there -- but there may be other things that attract the graffiti. It may be, again, openly stored trash and debris and other things so -- Commissioner Diaz de la Portilla: I think, Madam Chair, Commissioner, I think this is one of those cases that's a little bit different than some of the others that we have seen throughout our city, where you have people that are compulsive violators of our ordinances and our laws and they do it purposely. In this case, I think it is a little bit different and I think we have to have that flexibility and understanding that this is not -- this is someone that's first victimized and it's in an area that, you know, is not properly lit up and it has not a lot of police protection. So you know, there are a number of factors that led to this -- to these violations. You can't have a policy that's across the board like that because, you know, not all cases are created equal, right? And some cases are different than others. Mr. Santos-Alborna: Yes, exactly. Commissioner Diaz de la Portilla: In this case, I think a mitigation will be in order, will be fair. To pay $63,000 in fines plus on a $127,000 property, let's say it's $250,000, the real value, the real market value, it's a little bit -- it's pretty much excessive in my opinion. So why doesn't your department just simply fix it? Mr. Santos-Alborna: And I have no objection to that. As a matter of fact, Commissioner -- Commissioner Diaz de la Portilla: Fix it and let them move on. They fixed the lien also, an initial -- is that true, that they have fixed an initial lien that was on it when they bought the property in 2014? Mr. Santos-Alborna: Yes, sir. Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: So let me proffer this. Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: If this was a case that we're going before mitigation and it's a commercial property because it is owned by an LLC (Limited Liability Company), I would recommend an 80 percent reduction somewhere along those lines. And that's about somewhere in the vicinity of $5,000. Commissioner Diaz de la Portilla: How much? Commissioner Reyes: 8 percent. Mr. Santos-Alborna: 80 percent reduction is about $4,800 so I would say $5,000. I just proffer this from using it as a rule of thumb in other venues. That 's what I would do. Commissioner Diaz de la Portilla: So the fine right now is how much? Mr. Santos-Alborna: $63,250. City of Miami Page 55 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: So 8 percent of that is not what you said. Mr. Santos-Alborna: $5,000. Commissioner Diaz de la Portilla: $5,000? $63,000 minus $5,000. Mr. Santos-Alborna: No, sir. Mr. Noriega: No, reduce it to 8 percent of the fine. Commissioner Diaz de la Portilla: Oh, to 8 percent, oh. Mr. Santos-Alborna: That's what I -- Commissioner Diaz de la Portilla: So let's do that. That's what I move that we fine them $5, 000 and let them move on with their property. Chair King: I have a first and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): As amended? Chair King: As amended. $5, 000. Mr. Friedman: $5,000, okay. Vice Chair Carollo: For -- for -- Mr. Friedman: Can I state one thing for the record though? Just -- Commissioner Diaz de la Portilla: I would quit it while you're ahead. Mr. Friedman: Okay, fine. Commissioner Diaz de la Portilla: That's what I would do if I were you. Mr. Friedman: Thank you. Thank you. Commissioner Diaz de la Portilla: Just a little advice -- a little advice there, that's all. Vice Chair Carollo: For the record -- Mr. Friedman: Thank you. Commissioner Diaz de la Portilla: Take your money and run. Vice Chair Carollo: For the record, for future reference, I have voted with this motion because, as Commissioner Diaz de la Portilla said, this is a big difference in violation compared to other violations, which are the normal ones we get here, and the abuse combined with those. This is one that is a combination of graffiti that people are putting into the structure that was there, and the trash in the lot. Now, where you get all that trash is from the illegal dumping. So it's like graffiti. They didn't do it themselves. Now, the fact that they've taken so long in correcting it and so on is City of Miami Page 56 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 another thing. That's why we're hitting them with at least $5,000. But this is not one that it's like some of the outrageous ones that we've seen here. Chair King: Commissioner Reyes? Commissioner Reyes: Yes. I have seen and I know that all of us, we have witnessed cases like this, people that buy properties, and then those properties, they have either liens or they have fines that they don't find out. When Commissioner -- Mayor Carollo appointed me to the zoning board, maybe many moons ago -- Vice Chair Carollo: Did I do that? Are you sure? Commissioner Reyes: Yeah, man, you were crazy that time. You appointed me. I -- Commissioner Diaz de la Portilla: He remembers. Commissioner Reyes: He doesn't remember. Wait until he gets my age, he will never know his name. Vice Chair Carollo: I wouldn 't remember your name then. Commissioner Reyes: Okay. 1 -- we encountered a lot of these problems, and I suggested at the time that legislation were enacted that in order for a person to be able to purchase or any real estate transaction requires a thorough investigation before closing. If the property had liens with the City, if they had all of the constructions were legal, if not, they will have to legalize it and so on and so on. That was passed. But I think, I don 't remember how, but I think that had taken away, probably it's because of the board of realtors, that it was a lot of -- it was a mess for them. But I think that we should be thinking about that. Because it is not -- I don't think that it is right for a person that comes with, I mean, the illusion of buying a house, and after everything is, they have the closing and all of that, here comes an inspector and says, listen, you have a violation here. And that violation was committed by somebody before. Once they get the money, you see, that -- then the person that purchased it, purchased a big problem. And I think that it is our duty to do something about it. Madam City Attorney, could you go into that and try to -- Victoria Mendez (City Attorney): I owe you a draft from this week for the recertification ordinance that you requested. Commissioner Reyes: Yes, that's right, because it is not fair that a person, an individual, a couple, whoever, buy a property that has violations on it, and then that person has to pay for the violation that was committed from the previous owner. Vice Chair Carollo: Yeah, but -- Chair King: Well -- Vice Chair Carollo: -- if I -- Chair King: IfI may. Vice Chair Carollo: Yeah. Commissioner Reyes: Something got to be done. Chair King: And if you can back me up, as I understand it, when you purchase a property to receive clear title, all of the liens on the property have to be cleared. City of Miami Page 57 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Yeah. Chair King: So you do buy the property with notice. No one buys these properties that doesn't have notice that there are violations. Commissioner Reyes: But not -- let's say that you have an illegal unit. That is not clear. Vice Chair Carollo: No, no. Commissioner Reyes: That's what I'm referring to. That is not clear. Then you're going to be fined for it, and then you have to go through all the process. Let's say that Chair King: No. Commissioner Reyes: -- somebody built an illegal unit, and they will purchase it with an illegal unit. They don 't know it's illegal. Mr. Noriega: Well -- Commissioner Reyes: You see, I think that what I'm trying to do is that we have to -- they have to be clear that all illegal units, they were -- all illegalities were corrected. And that was the previous legislation, what they did, required that any illegality have to be corrected before the sale took place. Vice Chair Carollo: If I may, Chair. What you stated is what I wanted to bring up, that when people buy a property, they get a mortgage. That has to be done, otherwise they're not going to get a loan. So, they're going into it knowing exactly if the property has liens or not, and if there are liens, the lending institutions are going to make sure they're taken care of before they loan. Now, many of the problems that you have that he's referring to, it's not, you know, a little old lady that's buying a property and doesn't know what they're doing, or some young couple that first home don't know what they're doing. No, that's not the case, because they get mortgages. Our savvy investors, many slumlords that come in and they see a low -hanging fruit, they see that a property owner owes so much money, and they tell them, look, you know, I'm going to do you a favor. I'm going to give you so much and, you know, I might not be able to do anything with it because you have so many liens. And then they went to the Code Enforcement Board. They'll try to come here with alligator tears and wipe it out. And then they got themselves a heck of a deal. So, when you have, like the Commissioner mentioned, illegal units that are built, that's going to show up in the surveys that they're doing, that there's additional units that are not there. Now, if they do an illegal room that 's already inside and they chop it off the building, anybody that buys a property knows, you know, what has been done that shouldn't be in that case in a property. But the bottom line is that his concern is on properties that have existing liens. That's not, I believe, a legit concern for all of us up here, because anybody that goes into this the normal way, not to take advantage of somebody, they have to get a mortgage, they have to get a loan, and in order for them to get that money, all that has to come out. They have to do a full study on all liens. If you've got additional structures that you've built, you know, you're also going to see that it doesn't fall into the square footage that you have with the county. So that's going to be a question also that will come up so. Chair King: And the exception I would add is when you inherit a property. You don 't know that you're -- City of Miami Page 58 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.3 12483 Office of the City Attorney Vice Chair Carollo: Well, that -- Chair King: -- inheriting the issues. Vice Chair Carollo: -- that's true. Chair King: That would be the exception. Vice Chair Carollo: That is one exception, yes. Chair King: Because you're -- Vice Chair Carollo: I agree. Chair King: -- not buying the property -- Vice Chair Carollo: Yeah. Chair King: -- you're inheriting the property. Vice Chair Carollo: Yeah, there's not many of those. Chair King: Right, not many. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED SEPTEMBER 16, 2015 FOR CASE NUMBER CE2015004960 AND THE CODE ENFORCEMENT LIEN RECORDED OCTOBER 18, 2018 FOR CASE NUMBER CE2018012239 ON PROPERTY ADDRESS 785 NORTHEAST 70 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0361 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Russell, Diaz de la Portilla Chair King: RE.3, is there anyone here to speak on behalf of RE.3? Good morning How are you? This is my district and I'm familiar with the facts of your issue. Have you proffered a settlement number with the City Attorney's Office? Daniel Tamaryo: Good morning. Daniel Tammyo on behalf of the property owners. We have. City of Miami Page 59 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: And that was? Mr. Tamaryo: $15,000. Chair King: And I believe in discussions we were talking about $25, 000 based on the facts of this case. Mr. Tamaryo: Okay, that's agreeable. Vice Chair Carollo: Can we get the facts, how much they owe in liens? Rachel Dooley (Assistant City Attorney, Supervisor): Yes, Rachel Dooley from the City Attorney's Office. In this particular case, you have two owners. It's not a corporation. Two individuals own it. It's an empty lot, a single family home, but an empty lot. From 2015, there was a case opened with a trailer that was left on the lot, not put there by the owners. Obviously, somebody dumped it on the property. That case opened in 2015. It was not closed until 2022, which means it ran up to a total of $636,000. Now, from just reviewing overhead photographs, you can see the trailer disappeared sometime before that, but unless Code gets called out, you know, they don't go to comply. There was a 2018 case for failure to register the lot as vacant and to maintain it. That case was from 2018 and ran a lien up to $342, 000. During that time frame, the City did go out and clear the lot and clean it, and that totaled almost $3,000 in liens for tickets and lot clearings, which they have paid in full. So they have paid, it might be closer to $2,700 in those liens. They did file a suit against the City once they sort of realized what was going on and these liens, part of the suit was a claim of lack of notice. The notices were going to Andorra, which is a foreign country in Western Europe. And so they did propose -- Vice Chair Carollo: I know where it's at. Ms. Dooley: Hmm? Vice Chair Carollo: I know where it's at. Ms. Dooley: They did propose a $15, 000 -- Chair King: Well, they just -- they took my offer of $25, 000. Ms. Dooley: Right, that's what I was going to say. Vice Chair Carollo: How much --? Ms. Dooley: And I did send that to him yesterday -- Vice Chair Carollo: How much --? Ms. Dooley: -- and we spoke briefly this morning. Vice Chair Carollo: How much is the amount that's owed there? Ms. Dooley: The total amount is just under a million dollars. Vice Chair Carollo: And it's all because of that trailer? Ms. Dooley: The majority of it, yes, has to do with a trailer. City of Miami Page 60 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: What else? Ms. Dooley: On that first -- the 2015 case was only a trailer. That was it. There was nothing else. Vice Chair Carollo: And then what else has happened? Ms. Dooley: And then after that in 2018, I guess it wasn 't being mowed anymore. And so a case was opened up for that. And then after those years, occasionally, the City went in and cleared the lot. They paid those lot -- they have paid those lot clearings in All. Again, that was almost $2,700. Vice Chair Carollo: Okay. Ms. Dooley: But for the 2018 case was registering the vacant lot as well as maintaining it. Vice Chair Carollo: Alright. How much is the lot worth? Ms. Dooley: The lot's land value is $226,000. Its assessed value is $142, 000. There 's no structure on it. Vice Chair Carollo: Alright, well, again, most of the -- well not most, all of the infractions are not the type of infractions that we should have any concern about, which are the illegal constructions and they're not caring, et cetera. Victoria Mendez (City Attorney): Commissioner, closer to the mic, please. Vice Chair Carollo: Yeah. Ms. Mendez: Thank you. Vice Chair Carollo: I'm sorry. Bottom line is that these are minor infractions. Just on the trailer that you mentioned, if someone would have gone to Code, they could have at least stopped a big chunk of it there because they took it out. The rest is not mowing the lawn. But see, the mowing of the lawn and this kind of stuff is what I'rn going to be very picky on. That I don't want if we give somebody a major break here, then we have to come back and go through the same thing again. Chair King: Right. Vice Chair Carollo: What is the status of that lot today? Ms. Dooley: It's clean and cleared. It's in good condition. They haven't had any issues since the owners at this point claim awareness the lot has been managed. Vice Chair Carollo: Okay. Chair King: So, I will -- Vice Chair Carollo: I'll snake the motion. Chair King: To accept his $25, 000. Vice Chair Carollo: I'll make the motion. Chair King: Second. All in favor? City of Miami Page 61 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, who was the seconder? Chair King: I was. And the reason why, because I don't believe not maintaining a vacant lot is a minor issue. It's a major issue when you live next door to it. And in District 5, there 's many unkept lots, and I want to discourage vacant owners from not taking care of their property because these are neighborhoods, they have neighbors, and they call me and they complain. And it's just as important as illegal dumping and whatever when you live next to it. So thank you for coming. Mr. Tamaryo: Thank you. Chair King: Thank you. Ms. Mendez: Madam Chair, and I just wanted to confirm for the Clerk that it's total. Chair King: Total. Ms. Mendez: Thank you. Chair King: $25, 000. That will conclude our resolutions. City of Miami Page 62 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.4 12369 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF FOUR (4) VACANT POSITIONS OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT BY CONVERTING ONE (1) VACANT ASSISTANT CHIEF OF POLICE POSITION TO A FIRST ASSISTANT CHIEF OF POLICE CLASSIFICATION THAT WILL ASSIST THE CHIEF OF POLICE IN DIRECTING THE POLICE DEPARTMENT; CONVERTING ONE (1) VACANT UNCLASSIFIED CHIEF OF STAFF POSITION TO A SWORN EXECUTIVE OFFICER CLASSIFICATION THAT WILL BE MORE SUITABLE IN ACHIEVING THE MISSION AND GOALS IN THE POLICE DEPARTMENT; CONVERTING ONE (1) ADMINISTRATIVE ASSISTANT I POSITION TO A GRANTS FINANCIAL ANALYST CLASSIFICATION TO MANAGE THE POLICE DEPARTMENT'S GRANT AWARDS TOTALING APPROXIMATELY $26.5 MILLION; AND CONVERTING ONE (1) SCHOOL CROSSING GUARD SUPERVISOR POSITION TO A CRIME SCENE INVESTIGATOR I CLASSIFICATION; AUTHORIZING THE CITY MANAGER TO MODIFY THE PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2021-2021 IN THE AMOUNT OF UP TO $180,000.00, AS REQUIRED PURSUANT TO RESOLUTION NO. R-21-0402 ADOPTED SEPTEMBER 23, 2021 AND RESOLUTION NO. R-21- 0408 ADOPTED OCTOBER 1, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2021- 2022 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0362 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Which now brings us to our RE (Resolution) items. Do I have a motion to pass RE.1, 2, 3, 4, 5, 6, 7, 9, and 10? Commissioner Russell: So moved. Todd B. Hannon (City Clerk): I'm sorry, Chair. RE.1, RE.2, and RE.3 all have blanks in the resolutions. Arthur Noriega (City Manager): Yeah. City of Miami Page 63 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Hannon: 1 believe there needs to he some -- Mr. Noriega: There needs to be a hearing. Victoria Mendez (City Attorney): Right, so for RE.1, 2, and 3, these are the hearings on the mitigations. Chair King: Two are in my district. Don't we need a -- but we can have a motion and then we can have discussion, yes? Commissioner Russell: Let's separate them. Ms. Mendez: Right, so 1 would -- you would need to take them each -- Chair King: Okay, so I will separate RE. 1, 2, and 3. Do I have a motion to pass RE.4, 5, 6, 7, 9, and 10? Commissioner Diaz de la Portilla: I move it. Commissioner Russell: Second. Vice Chair Carollo: Can -- Chair King: It was properly moved and seconded. Vice Chair Carollo: Chair, can -- respectfully, we could discuss 7 briefly. Chair King: Okay, so we'll pull out -- Vice Chair Carollo: And -- Chair King: -- 7. Vice Chair Carollo: -- the -- and look, I think the intention is well. Chair King: Let's pass the ones that we can pass. Vice Chair Carollo: Okay, alright. Chair King: So, may, I have a motion for RE.4, 5, 6, 9 and 10? Commissioner Diaz de la Portilla: I'll move it. Chair King: All in favor? Mr. Hannon: And Chair? RE.6 and RE.10 need to be amended. Commissioner Diaz de la Portilla: As amended, I'll move it. Commissioner Russell: As amended, I second. Vice Chair Carollo: Okay. Chair King: As amended. Ms. Mendez: There were substitution memos sent out on both of those. City of Miami Page 64 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Okay, as amended. Motion carries unanimously. Vice Chair Carollo: Okay. RE.5 RESOLUTION 12448 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF THE CITY OF MIAMI ("CITY") PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NOS. 16-17- 063 FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, 17-18-026 FOR CIVIL ENGINEERING SERVICES FOR THE WEST GROVE ROADWAY IMPROVEMENTS, 17-18-031 FOR CIVIL ENGINEERING SERVICES FOR THE MIAMI RIVER GREENWAY CURTIS PARK EAST, 18-19-012 FOR MISCELLANEOUS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES, 20-21-005 FOR MISCELLANEOUS TRANSPORTATION AND TRAFFIC ENGINEERING SUPPORT SERVICES, AND 20-21-011 FOR MISCELLANEOUS ENGINEERING SERVICES (JOINTLY "CONTRACTS"), FROM A & P CONSULTING TRANSPORTATION ENGINEERS CORP., A FLORIDA PROFIT CORPORATION ("APCTE"), TO CHA CONSULTING, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("CHA"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF THE CONTRACTS WITH CHA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE MANAGER TO ISSUE CHA THE APPROPRIATE NOTICE TO PROCEED ("NTP") FOR EACH OF THE CONTRACTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; FURTHER 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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-22-0363 City of Miami Page 65 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 MOTION TO: Adopt RESULT: ADOPTED 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 RE.5, please see Item Number RE.4. RE.6 RESOLUTION 12484 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), BETWEEN DT RESIDENTIAL SOUTH, LLC ("LICENSOR") AND THE CITY OF MIAMI ("CITY"), FOR THE USE OF CERTAIN SPACE ON THE ROOF AND IN THE DISTRIBUTED ANTENNA SYSTEM ROOM ("DAS ROOM") OF THE BUILDING LOCATED AT 400 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA 33128 ("LICENSE AREA") FOR THE INSTALLATION, OPERATION, AND MAINTENANCE, AT CITY'S SOLE COST AND EXPENSE, OF CERTAIN COMMUNICATIONS EQUIPMENT IN THE LICENSED AREA FOR THE CITY'S OPERATION AND MAINTENANCE OF RADIO COMMUNICATION SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO AUTHORIZE THE PROPOSED USE. ENACTMENT NUMBER: R-22-0364 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.4. City of Miami Page 66 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.7 RESOLUTION 12524 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE TWENTY-FIVE PERCENT (25%) OF ALL RENT REVENUES GENERATED FROM THE MIAMI FREEDOM PARK STADIUM LEASE AND COMMERCIAL LEASE TO THE ANTI- POVERTY INITIATIVE ("API") PROGRAM FUND OF THE CITY OF MIAMI ON AN ANNUAL BASIS FOR THE DURATION OF THE STADIUM LEASE AND COMMERCIAL LEASE; AUTHORIZING THE FUNDING TO BE ALLOCATED AND APPROPRIATED ACCORDING TO THE ANTI -POVERTY INITIATIVE PROGRAM GUIDELINES AND DISTRIBUTED TO EACH COMMISSION DISTRICT AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-22-0365 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: Now we will have discussion for RE. 7. Vice Chair Carollo: And this really goes to -- this item and the other one that we've had, I forgot the number. Victoria Mendez (City Attorney): FR.2? Vice Chair Carollo: Yeah, where the Mayor and I both sponsored it to use 25 percent for affordable housing. Now, affordable housing is something that is the biggest demand that we have in the city, bar none. And whether it's today or five years from now, ten years from now, I don 't foresee it changing. My only concern is that I don't know when all these projects are going to come into being. It might be that quite a few of us, maybe all of us, might not be around when it comes to fruition. And we're spending, or should I say allocating, dollars way ahead before they even come, and not knowing in those years what kind of needs are we going to have. And that's the only thing. You know, but Chair, if you want to move with it -- Chair King: Right, I've considered that -- Vice Chair Carollo: -- I'll support it. Chair King: I've considered that and for me and fir District 5, this transcends me. This allows every commissioner that comes after me to make sure that the work that I've started in District 5 continues. And particularly for the areas where we don't have amounts of money that just come to the district. So this money can be used to continue funding summer jobs for our youth, to continue programs and services for the elderly when there's a shortage. I know that we can continue to serve our community. I can put that money toward housing and economic development, small businesses where I see the need and then the commissioner that comes after me -- because this is 99 years of opportunities to make D5 (District 5) great. City of Miami Page 67 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Well, but it's not only D5, it's being spread equally. Chair King: And it's being spread equally -- Commissioner Reyes: It is -- Commissioner Diaz de la Portilla: Well -- Chair King: -- because it will assist all of us in serving our community. But it was -- Commissioner Diaz de la Portilla: Well, number one -- Chair King: -- the thought to have it for all of us. Commissioner Diaz de la Portilla: Number one, is it being split equally? Chair King: Twenty, yes. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Well, some areas are more impacted by the development than others, right? Commissioner Russell: No, it's not. Arthur Noriega (City Manager): No, it's based on API (Anti -Poverty Initiative), not -- Commissioner Diaz de la Portilla: It's based -- Commissioner Reyes: Based on API. Commissioner Diaz de la Portilla: So it's not equally, it's not equally. Mr. Noriega: Right. Vice Chair Carollo: Yeah, based on API. Commissioner Reyes: Based on API. Commissioner Diaz de la Portilla: Based on API, which is the right thing to do, I think. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But on top of that, on top of the API funding formula, there's also the fact that there's immediate impact in a particular district. Again, I won't be around, but others -- whoever replaces me, that person has to deal with the traffic and the other things that, some of the negative consequences. So to me, to have an equal distribution is not something I'm in agreement with. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: It's not equal. Vice Chair Carollo: It's API. City of Miami Page 68 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: It's -- Commissioner Reyes: It's API. Chair King: -- based on poverty. Commissioner Diaz de la Portilla: No, no, but it shouldn't be on poverty, because obviously your district has the most poverty, right? So that's why you're getting more, but the district that's the most impacted physically is mine. So we had the same debate when Commissioner Russell took $5 million for a bay walk all the way to the other side and not for what the area that's impacted in front of where the stadium is being built and where the development is being built, remember? Commissioner Russell: 1 remember. Commissioner Diaz de la Portilla: So this idea that you distribute the money to different places based on a particular formula, even though it impacts one particular area more than another area, is a little bit concerning to me. So especially for a 99- year, I think it's $28 million, right, something like that, total, 28 point something million. So to me, I think there should be more weight given to the immediate districts around District 1, maybe District 4, right, that are impacted because of the development itself not because of the API. The API obviously favors your district because you have the highest -- Chair King: Actually, if the staff -- Commissioner Diaz de la Portilla: -- formula. Chair King: -- could give the numbers -- Commissioner Diaz de la Portilla: I know the numbers. Chair King: -- you will see that it is -- Commissioner Diaz de la Portilla: I know the numbers. You're number one, I'm number two -- Chair King: Okay. Commissioner Diaz de la Portilla: -- he's number three close. Chair King: And based -- Commissioner Diaz de la Portilla: He's number four. Chair King: Right, but -- Commissioner Diaz de la Portilla: And he's a hard -- Chair King: -- based on the argument you 're making, District 5 has the most development as well. So either way, I win. Commissioner Diaz de la Portilla: You always win. You're the chairwoman. But I think this -- Vice Chair Carollo: Well, can I -- City of Miami Page 69 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Diaz de la Portilla: -- what 1 think -- in all seriousness, 1 think that this deserves a little bit more conversation, to be honest with you. Vice Chair Carollo: Can I enlighten everybody a little bit? Chair King: Urn-hmm. Vice Chair Carollo: This is a resolution that a future commission -- Commissioner Diaz de la Portilla: Can change. Vice Chair Carollo: -- can change. Commissioner Diaz de la Portilla: Of course. Chair King: Exactly. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: So -- Chair King: Exactly. Commissioner Diaz de la Portilla: But I still don't want to vote for something that would impact my district adversely, right? That's -- Vice Chair Carollo: No. Chair King: It's not adversely impacting your district. Vice Chair Carollo: Well, it won't be impacted until you receive the money. Chair King: Right. Vice Chair Carollo: And that's still very -- Commissioner Diaz de la Portilla: Or don't, or don't receive. Vice Chair Carollo: -- many, many years away. Chair King: Right. So, do I have a motion? Commissioner Russell: I'll move the item. Vice Chair Carollo: You have a motion. Chair King: And a second. All in favor? The Commission (Collectively): Aye. Commissioner Russell: RE.7. Commissioner Diaz de la Portilla: See, you always win. Chair King: Let's keep it that way. Commissioner Diaz de la Portilla: For now. City of Miami Page 70 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Well, she's got a guardian angel. RE.8 RESOLUTION 12564 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING EXECUTION OF A PARTIAL RELEASE OF THE AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON THE PROPERTY GENERALLY LOCATED AT 380 NORTHEAST 32 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND ACCEPTANCE OF NO LESS THAN FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) PRIOR TO THE RELEASE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item RE.8 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day." RE.9 RESOLUTION 12563 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE PROPERTY PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 460 NORTHWEST 36TH COURT, MIAMI, FLORIDA TO HOST TEMPORARY EVENTS CONSISTING OF THE SALE OF CHRISTMAS TREES AND SPARKLERS BEGINNING NOVEMBER 20, 2022 AND ENDING DECEMBER 31, 2022. ENACTMENT NUMBER: R-22-0366 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.4. City of Miami Page 71 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 RE.10 12562 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI FOREVER BOND LIMITED AD VALOREM ("MIAMI FOREVER BOND") FUNDS ALLOCATED TO PARKS AND CULTURAL FACILITIES IN THE TOTAL NOT TO EXCEED OF AMOUNT OF FIFTY-TWO MILLION, SIX HUNDRED FIFTY-ONE THOUSAND, SEVEN HUNDRED SEVENTY-ONE DOLLARS ($52,651,771.00) TO EACH COMMISSION DISTRICT AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE PROJECTS; ALL ALLOCATIONS OF MIAMI FOREVER BOND FUNDS BY THE CITY COMMISSION TO ELIGIBLE PROJECTS ARE SUBJECT TO THE CITY OF MIAMI TAKING ANY AND ALL NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL PLAN AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI FOREVER BOND VALIDATION ORDER. ENACTMENT NUMBER: R-22-0367 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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 RE.10, please see Item Number RE.4. END OF RESOLUTIONS City of Miami Page 72 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11999 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE Building XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING SECTIONS 62-602 AND 62-616; WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO INCLUDE THE AREAS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AND TO ESTABLISH A TIME LIMITATION AND REQUIREMENT FOR SPECIFICITY FOR APPEALS OF ACTIONS OF THE CITY MANAGER'S DESIGNEE RELATED TO MURALS AND SPECIFY WHICH PARTIES HAVE A RIGHT OF APPEAL FOR MURALS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Miami Page 73 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 FR.2 12282 Commissioners and Mayor ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODIFYING AND SUPPLEMENTING THE AFFORDABLE HOUSING TRUST FUND, AS IT WAS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 07-0203, BY AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE"; MORE PARTICULARLY BY ESTABLISHING A NEW ARTICLE XIII OF THE CITY CODE, TITLED "AFFORDABLE HOUSING TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay, so, Madam Attorney, we have Vice Chair Carollo: You too now? Chair King: -- FR.2. Victoria Mendez (City Attorney): Right, so FR.2 -- Commissioner Diaz de la Portilla: You're her favorite. Chair King: FR.4 -- Ms. Mendez: FR.4 then -- Chair King: -- FR.7 -- Ms. Mendez: 7. Chair King: -- FR.8 -- Ms. Mendez.: 8. Chair King: -- FR.10. Ms. Mendez: Yes, so I just wanted to clarify though, also FR.4, I believe that Commissioner Reyes wanted to have a little bit of discussion about it, and I thought we talked about resetting it. Chair King: Just -- no, we're not going to reset that. Commissioner Diaz de la Portilla: No. Chair King: So, go ahead. Ms. Mendez: Alright. FR.2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 74 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Move. Ms. Mendez: FR.4. I have -- Vice Chair Carollo: Oh, you're -- Ms. Mendez: The Chair asked to read -- Vice Chair Carollo: Okay, go ahead. Ms. Mendez: -- several of them. FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then FR.7. Commissioner Reyes: May I ask questions about FR.4? I have a couple of things. Chair King: When we finish. When she finishes. Commissioner Reyes: Okay. Ms. Mendez: Then FR.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I believe it has severability. That needs to be amended. And then FR.8. FR.8, we may, between first and second, tighten the definition of intermodal to mean rail, that you have a rail option, but we'll clean that up between first and second. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Intermodal transportation areas is what we'll tighten between first and second. And lastly, FR.10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And the other amendment is confirming that they are not freestanding signs, but they're monument signs pursuant to Miami 21. That is the other amendment. Thank you. [Later...] Commissioner Reyes: Now, are we going to take one by one? Chair King: Let's take one by one. FR.2? Commissioner Russell: So moved. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Motion, yeah, motion. Chair King: All in favor? City of Miami Page 75 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 The Commission (Collectively): Aye. Chair King: FR.2 passes. FR.3 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item FR.3 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.3, please see "Order of the Day." Chair King: And now we have gotten to first reading ordinances. Madam City Attorney, can you read all of the titles into the record before we decide how we 're going to take these items up? Victoria Mendez (City Attorney): Yes, Madam Chair. I just wanted to clarify the ones that I'm not reading. Chair King: FR.1 -- Ms. Mendez:: One -- Chair King: -- has been withdrawn. Ms. Mendez: FR.5. Chair King: FR.5. FR.6, FR.29 -- I'm sorry, FR (First Reading) -- Ms. Mendez: FR.9. Chair King: -- FR.9. Ms. Mendez: And then -- Chair King: No, FR.9 has already -- Ms. Mendez: Been done. City of Miami Page 76 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Right. FR.9 has passed already and we have FR.10. Ms. Mendez: So, I think the Clerk is asking a question. Chair King: Yes. Todd B. Hannon (City Clerk): So the first reading ordinances that are in play, FR.2, 3, 4, 6, 7, 8, and 10. Chair King: Correct. Vice Chair Carollo: Can you go through that again please? FR? Mr. Hannon: Yes, sir. The ordinances that are lefi in play are FR.2, 3, 4, 6, 7, 8, and 10. Ms. Mendez: And then, Madam Chair, if you'll just indulge me for a second because I believe that the scooter ordinance for FR.3, there may be discussion and not necessarily voting, and I believe -- Chair King: Well, it will still need to be read in -- just read it into the record because -- to be prepared. Ms. Mendez: Right. The thing is that when you read them into the record, then we have -- we technically have a first reading and then that complicates like resetting and stuff. Chair King: Okay. Here comes the sponsor. Do you want FR.3 only for discussion or do you want her to read it into the record for consideration for voting? Commissioner Diaz de la Portilla: I think I want -- we're going to defer it, but what I want to do is I want to have, just to make it clear for the next meeting that we have, is that I want to probably throw out the RFP (Request for Proposals) that was done and redo an RFP. I'm going to try to recommend that to the body here and start from scratch and just kind of set better parameters. I want an expansion of the program to include the health district that I represent. I think it makes some sense there. I think Commissioner Russell, in his few days that he has left with us, wants it to happen in District 2 and continue to happen in District 2. So we limit the geographic, you know, extent of it, but I want to add health. So I want to kind of throw out the RFP I'm going to recommend to the body on 10/13. So I want to defer it until 10/13. Chair King: Okay, so FR.3 is deferred. May I have a motion? Commissioner Diaz de la Portilla: I move it. Chair King: Second? Vice Chair Carollo: Which item is this one again? Chair King: FR.3, to defer FR.2 [sic]. Vice Chair Carollo: Yes, second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 77 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Okay, so FR.3 has been deferred, Madam Attorney. So -- Arthur Noriega (City Manager): Can I -- Ms. Mendez: And then if I could clam. Mr. Noriega: Yeah, get clarification on defer to the next meeting? Commissioner Diaz de la Portilla: 10/13. Chair King: 10/13. Commissioner Diaz de la Portilla: 10/13. FR.4 ORDINANCE First Reading 12215 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY; EXEMPTION," AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED "NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO ONLY EXEMPT CITY -SPONSORED EVENTS AT CITY FACILITIES OR PROPERTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.4, please see "Public Comments for allltem(s)" and Item Number FR.2. Chair King: FR.4, the noise ordinance, I'd like to make -- Vice Chair Carollo: Move. Chair King: -- I'd like to make a friendly amendment -- Commissioner Diaz de la Portilla: I'll second it. Chair King: -- to FR.4 to exempt temporary events such as Ultra and Magic Mike. Those occur on city property, but they're temporary. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: But not only those two. City of Miami Page 78 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Victoria Mendez (City Attorney): Those are already included. Chair King: Those are already included? Ms. Mendez: Yes, you do not -- Chair King: Okay. Ms. Mendez: -- have to make an amendment because those are not tenants and they're not leases. Chair King: Ah, I see. Commissioner Diaz de la Portilla: They're not leases and they're not tenants. Chair King: Okay. Commissioner Diaz de la Portilla: So that's all events. Ms. Mendez: And they are all on city property. Chair King: Okay, so motion, second, all in favor? Commissioner Diaz de la Portilla: I second. Commissioner Russell: Just -- Commissioner Reyes: Hold on a second. Commissioner Russell: Well, discussion. Commissioner Reyes: FR.4. Chair King: FR.4. Commissioner Reyes: I want to ask a question because I am not too clear on it. If we - - when we lease, when we lease any, like (INAUDIBLE) in the lease agreement, don't we require them to have, I mean, certain noise control? Ms. Mendez:: They have -- previous leases do not have that and we're working to do that going forward, but we do have sections that say. you know, to comply with the city code as amended, which is what we're doing -- amending. Commissioner Reyes: What I'm afraid that this could hurt other areas, too, you see, now Bayside, for example, they had reached out to us and said, listen, this is going to hurt us. I don't know how stringent this is going to be and how that they can hurt us. I do understand the Venetian people cry because I have been to Joia and it is quite loud, but I'm afraid that this could hurt other tenants that we have. I think that, in my opinion, what we should do is place those noise requirements in and make it official, those noise requirements in the leases. You include in the leases and you make them comply with whatever we decide that it is the how many decibels they can go. Ms. Mendez: You're absolutely correct and I know that we're working with DREAM (Department of Real Estate and Asset Management) to do that going forward. However, we haven't done it in the past, and that's why we have our code provisions City of Miami Page 79 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 and our ordinances to fall back on. So that's why we're working with this. Remember that at the end of the day, ordinances are fluid. Commissioner Reyes: Yeah. Ms. Mendez: So if there's a problem that we need to address, we can definitely address it in the future. Chair King: If there's an unintended consequence, but I believe the vote was already taken. Commissioner Russell: No, it wasn't. Chair King: It wasn't? Commissioner Russell: Just discussion. Vice Chair Carollo: No, it wasn't. Chair King: Commissioner Russell? Commissioner Russell: Thank you. I echo Commissioner Reyes. I've been in touch with both Bayside and the downtown neighbors. We used to have issues with Bayside, but over the last five, six years, they've been incredible and -- Vice Chair Carollo: That's right. Commissioner Russell: -- the Downtown Neighbors Alliance is supportive of them as a good neighbor. So I'd be open to exempting Bayside because what we're creating is very strong for us, which is great. Commissioner Reyes: That's right. Commissioner Russell: But it can have unintended consequences. Commissioner Reyes: And that's what I want to find out. Commissioner Russell: And if someone who's intending on investing in activation there has their investment at risk without having a clear roadmap for what qualifies as a violation, they're just not going to do it. Commissioner Reyes: They're not going to do it. Commissioner Russell: Riverside is a perfect example. I wasn't in favor of closing them down. I was in favor of roping them in and finding peace between them and the neighbors. But because the way the code is written is so much in our favor, good for us at times, they were just shut down by the Zoning Department and there was nothing, there was 120 jobs lost overnight there. Vice Chair Carollo: Well -- Commissioner Russell: So I'd be open to exempting Bayside, if it's the will of this body, from this ordinance, but allowing it beyond that -- Commissioner Reyes: Yes, but -- Commissioner Russell: -- because it -- City of Miami Page 80 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Reyes: -- if we are working -- through the Chair. If we are working on legislation to make it, 1 mean, mandatory that every lease has a noise requirement on it, do we have to pass this now? And how they are going to go one against the other? Vice Chair Carollo: Okay, Chair, can I --? Ms. Mendez: But we can't necessarily go tenant by tenant. That's why it's like an all or nothing approach on the -- Vice Chair Carollo: Can -- Ms. Mendez: -- on the City properties that we control because we did take -- to your point, you and Commissioner Carollo were instrumental in the decibels -- Commissioner Reves: Yes. Ms. Mendez: -- for Ultra, right? Commissioner Reves: Yes. Ms. Mendez: So we did put that in the contract. So there are certain things that when they're on our city property we can control. We can't control the tenants unless we pass an ordinance that treats them all uniformly. Commissioner Reyes: Okay. Ms. Mendez: So that's why we're a little -- Commissioner Reyes: So this is needed now and then we'll -- Ms. Mendez: And we'll address it if it does the unintended consequences. Commissioner Reyes: -- address it (INAUDIBLE). Okay, that is more than clear. Chair King: Vice Chair? Vice Chair Carollo: Thank you, Chair. First of all, let me address Bayside. Bayside, as was previously stated here, has worked the kinks, whatever problems they had with the neighbors across the street and downtown, and there hasn 't been any problems out of Bayside. So I really don't foresee this being an issue with Bayside. This is an issue of fairness, that the same ordinance that applies to every property owner in the city that's in private property will also apply to those that lease from the city. The only people that it won't apply to would be the City itself. But anyone who has properties or leasing properties or subleasing properties, it would apply to. And you're putting everybody in the same level. As to the question on can we do it by putting it in a lease, well, a lease is not enforced by Code Enforcement. Therefore, what it's going to do is going to give a free hand to whoever is the violator to keep doing it because the lease could only be enforced by DREAM through the City Attorney's Office and we all know what is going to happen, that nothing will happen. It'll be in the lease and it's not the same thing as Code being able to go there and put a stop to it. So that's the reason this needs to pass, so that everybody is in the same level playing field. Commissioner Reyes: I defer from Mr. Carollo. If we have something, whatever we have in the lease have to be enforceable. And not -- it's not -- hold on a second. If not, why are we including it in a lease? I mean, if we have a lease with certain conditions City of Miami Page 81 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 and it is not enforceable, then that lease, to me, is not worth the paper it's been written on. And -- Vice Chair Carollo: I can show you -- Commissioner Reyes: Hold on a minute, Joe. I haven't finished yet. And when I said, well, let's include it on the lease, so we have a document that makes whoever is the person that is signing that lease has to comply with it. And if we -- that doesn't work, then we have -- we are in real trouble, because the lease is the document that gives us power on the tenant that we have. I understand that it's not going to, maybe it's not going to, 1 mean people are going to look the other way, but the Administration must make everybody that signs a lease comply with all the regulations. Arthur Noriega (City Manager): So can 1 answer that question just on the lease reference? Commissioner, so you're -- have a full understanding, and the Law Department can sort of either concur with this or not, but the attorneys in the room certainly will. The process to remedy lease language is lengthy. It's not immediate, right? Because you have to either have built-in default language in there. It takes forever to address issues like that. Speaking to the comment that Commissioner Carollo referenced, from the get -go, this was about creating an even playing field for everybody, right? Commissioner Reyes: Yeah. Mr. Noriega: So why should somebody who 's a lessee of ours have an unfair advantage in terms of not having to comply with the noise ordinance, whereas everyone else does, right? So if I was a property owner or a lessee on a property that was privately owned and I knew I had to adhere to the code, but city -owned properties don't, that really is an unfair advantage, right? Commissioner Reyes: It is. Mr. Noriega: And it's unfair to those that live nearby. I think that, you know, creating the equality was the intent, right? And I think that was the whole purpose of this. And to not create a situation where we have city -owned properties that are creating a burden, right, on their surrounding neighborhood. And because we've created our own exemption as a result of that, so that was the whole purpose and intent of it. Commissioner Reyes: Let me make, I mean, for the record, make it clear that I am not against leveling the playing field. You see, I agree with leveling the playing field, that everybody has to play with the same rules, okay? But I'm just asking questions that I think that will strengthen the regulation if we have as one of the conditions for that individual that is going to lease our land to comply with the noise ordinance, okay? Chair King: Okay. I believe we're ready to vote. Do I have a motion and a second? Vice Chair Carollo: Motion. Todd B. Hannon (City Clerk): Yes, there's a motion made by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla, to vote on FR.4 as is. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. F -- City of Miami Page 82 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: Unanimous? Chair King: It's unanimous. Commissioner Reyes: Yes, unanimous. FR.5 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT- HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.5, please see "Order of the Day." City of Miami Page 83 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 FR.6 ORDINANCE First Reading 10658 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STARS OF CALLE OCHO ADVISORY COMMITTEE"; MORE SPECIFICALLY BY AMENDING SECTION 2- 1329 OF THE CITY CODE, TITLED "STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE —ESTABLISHMENT, PURPOSE AND POWERS AND DUTIES," BY MAKING THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION RESPONSIBLE FOR ALL MATTERS CONCERNING THE STARS ALONG THE CALLE OCHO WALK OF FAME AND PROVIDING FOR THE CITY COMMISSION'S CONFIRMATION OF ALL NOMINEES FOR SUCH A STAR; FURTHER AMENDING, SECTION 2-1330 OF THE CITY CODE, TITLED "MEMBERSHIP AND QUALIFICATIONS, MEETINGS AND QUORUM," BY CHANGING THE NUMBER OF STARS OF CALLE OCHO ADVISORY COMMITTEE BOARD MEMBERS AND THEIR NOMINATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Vice Chair Carollo: IfI could, Chair, ask to withdraw FR.6. Chair King: FR.6, do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: FR.6 has been deferred until when? Vice Chair Carollo: Withdrawn, withdrawn. Chair King: Oh, withdrawn. That's been withdrawn. Commissioner Diaz de la Portilla: Why are you withdrawing it? Don 't you have a -- you don 't want to create a committee anymore? Chair King: Okay. Vice Chair Carollo: I, frankly, need to -- Commissioner Diaz de la Portilla: You want to do it yourself. City of Miami Page 84 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: I need to -- well, if you let me. But I need to look at this a little closer. Commissioner Diaz de la Portilla: So, I'll do a pocket item to have Commissioner Carollo name the stars. Vice Chair Carollo: Unfortunately, some of these have gotten away from me before I've reviewed them -- Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: -- with everything that 1 think you all know that I've been going through in the past few weeks. Commissioner Diaz de la Portilla: Yeah, I know. Vice Chair Carollo: So I need to look at this closer. Commissioner Diaz de la Portilla: Sure. Vice Chair Carollo: And since nothing's happened here for years, I don 't think a little longer would matter. Victoria Mendez (City Attorney): In fairness, this was an indefinite deferral and it popped up on the calendar, so that's why the Commissioner was surprised by this. Vice Chair Carollo: Alright, yeah, I was surprised. Commissioner Diaz de la Portilla: So she's defending you. She 's always defending you. Vice Chair Carollo: Yeah, but it's true. FR.7 ORDINANCE First Reading 12148 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION," PROVIDING FOR FURTHER PENALTIES AND ENFORCEMENT OPTIONS FOR PROPERTY OWNERS THAT ALLOW HISTORICALLY DESIGNATED STRUCTURES TO DECAY TO THE POINT OF REQUIRING DEMOLITION; CONTAINING A SEVERANCE CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: FR.7. Do I have a motion? Vice Chair Carollo: FR (First Reading)? City of Miami Page 85 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: 7. Commissioner Diaz de la Portilla: I'll move it. Chair King: Do I have a second? It's demolition by neglect. Vice Chair Carollo: Yes. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Commissioner Diaz de la Portilla: As amended. Vice Chair Carollo: As amended. Chair King: As amended. FR.8 ORDINANCE First Reading 12281 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," BY PROVIDING FOR AN EXEMPTION TO ALLOW FOOD TRUCK OPERATIONS IN A LIMITED CAPACITY AT DEFINED INTERMODAL TRANSPORTATION AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.8, please see "Order of the Day', "Public Comments for all Item(s)" and Item Number FR.2. Chair King: And that brings us to FR.8. Commissioner Reyes: Madam Chair? Chair King: Yes. Commissioner Reyes: I have a concern in -- with the language. It says that is any -- what we'll say, intermodal transportation. An intermodal transportation, in my understanding, it is whatever you have a bus that is going by. And what I am afraid is the interpretation of the intermodal. For example, we have a development right here in 27th and US 1. We have the train going by. We have a couple of buses that go by. City of Miami Page 86 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 That would be intermodal. So we will be allowing many food trucks to stay and settle there without having to be moved. Chair King: No, no, this is -- Commissioner Reyes: That is a place -- Chair King: Right, no, this -- Commissioner Reyes: Clam this for me. Chair King: -- is a particular -- for a particular purpose, there has been put in place the infrastructure for these eight parking spaces by Brightline, where you're talking about they wouldn't have the infrastructure to go. They would have to put in all of the infrastructure to even be qualified for. And this is for a program to help minority businesses serve their business. Like the young man spoke today, he was in a program, and through that program he got a food truck, and Brightline sponsored that food truck. So it's very specific and particular. Commissioner Reyes: For Brightline? Chair King: Yes. Commissioner Reyes: And why don't we make the specific Brightline in the -- Victoria Mendez (City Attorney): So this is what I was mentioning about tightening up the -- Chair King: The language. Commissioner Reyes: Language. Ms. Mendez: -- the language -- Chair King: Between first and second reading. Commissioner Reyes: That's what I want. Ms. Mendez.• -- between first and second, but basically it's going to require two ground rail train lines -- Commissioner Reyes: Two. Ms. Mendez: -- is what it's going to be to clarify that it is not anything else. Chair King: That you can just put it anywhere. Commissioner Reyes: If not, it could be put anywhere. Chair King: Right, no. Commissioner Reyes: I mean, Calle Ocho whatever. Chair King: Right, no, that's not the intent. Commissioner Reyes: Okay, okay. City of Miami Page 87 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Mendez: So we'll clam that between first and second reading. Chair King: First and second reading. Commissioner Reyes: Oh okay. Thank you very much. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Ave. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. Ms. Mendez.• Then, Madam Chair, I apologize, but I -- for FR.7, I believe, we said as amended, the demolition by neglect, but 1 don't know that we amended -- Chair King: There was no amendment. Ms. Mendez: -- anything. I just wanted to clam that one. I know that there 's a lot of - Todd B. Hannon (City Clerk): There was an issue with the title, severability if I'm not Ms. Mendez: Oh, thank you. Because I read severance. Okay. Yes, so we'll change that. Thank you so much. City of Miami Page 88 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 FR.9 ORDINANCE First Reading 12567 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 58 ACRES OF LAND WITHIN THE PROPERTIES LOCATED AT 1400, 1500, 1550, 1600, 1800, AND 1822 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS "JORGE MAS CANOSA PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-33, TITLED "NAMING OF JORGE MAS CANOSA PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Unidentified Speaker: Which one is it? Chair King: The parks. Hold on one second. I'll get it. Commissioner, would you like to run point on that? We're going to pause public comment for a second. We're going to take up FR.9 now. Vice Chair Carollo: Thank you. FR.9 is the naming of a new park in the city of Miami. If -- thank you. Can you let the individuals that are here for FR.9 know that the item is up? Just take about 30 seconds for them to come in. We appreciate everybody, that's here today. Thank you. Okay, FR.9 is the naming of a new park. In the Melreese area, we're going to be left with a full 58 acres, that for the first time we will have an actual real park there that outside of the island of Virginia Key will be the biggest park in mainland city of Miami. And I wanted to propose to this body that we name that park Jorge Mas Canosa. Mr. Mas Canosa is someone that many of you know, might certainly have known him when he was alive. And we had, at tines, many lively discussions. He is probably one of the most unique, if not the most, I would say unique and talented Cuban American in modern times. When I met him, I was a very young man. Now I'm not that young. Some might even say I'm an old man, 67. You look at things differently when you're young fromwhen you're old. And looking back at what he accomplished, it's amazing the things that he was able to do that up to that time in our modern times, to the present, no other Cuban American has been able to accomplish or do. He was able to organize not just Cuban Americans, but a pro -Cuba lobby across both parties, bringing many friendly democratic nations on board to help, and brought a leadership to the Cuban American community across the world that was spread and is spread in every country of the world just about, of leadership to have a set goal on how to liberate Cuba. That has been sorely missed, that kind of leadership, that kind of jbresight and (UNINTELLIGIBLE) trying to accomplish that. At the same time, he lived in Miami, he loved Miami, he was a Miamian that cared for our city, did many, many things for our city and establish a corporation that, with the help of his sons, has become the number one Latin corporation in America today, MasTec. So for those reasons and many others, I think that the new 58-acre park that we're going to be having in what is now called Freedom Park, which maybe we might consider Freedom something else so that there's only one park there. For those reasons, and so many more that I won't expand into here today, I'm presenting a City of Miami Page 89 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 motion in naming this park Jorge Mas Canosa. And if I could further say this, because just like 1 have a lot of friends and people that support me, like Mr. Mas Canosa did, we've also had detractors in different ways from time to time. In mine in particular, very lightly, that there's nothing I could do, that they're not going to come and try to attack me and say this all has to do with that poor businessman that's been abused on 8th Street somehow. Yes, while I was a very young commissioner, we had one particular item that we had a major difference in. That doesn 't detract from what he accomplished. That doesn 't detract for what he did. Sadly, God took him away at an early age where he couldn't finish a lot of what he started. But I think that to acknowledge the greatness, the goodness, the accomplishments of a man, an individual, a true leader, that someone might have had a difference with in their life at one point or not it's what all of us should do in our lives. And I am very proud today to be able to present this motion before this body, before this city, because there 's a saying in Spanish, (FOREIGN LANGUAGE). In the case of Jorge Mas Canosa, it goes beyond that, which the saying is, you can't block the sun with a finger. In his case, it's going to take a heck of a lot of fingers to even come close to blocking that sun because of his accomplishments. Commissioner Diaz de la Portilla: And Madam Chair? Vice Chair Carollo: Excuse me, when we're all done speaking, if we could allow Mrs. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- Mas Canosa here to speak. Commissioner Diaz de la Portilla: I was going to -- I was going to do that. Vice Chair Carollo: Yeah, and anybody else that the family would like to come up and speak, I believe it was yesterday -- Commissioner Reyes: I would like to say something. Vice Chair Carollo: -- that was the anniversary of his death. So this is -- Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- very appropriate today that we're doing it. Commissioner Diaz de la Portilla: You -- Chair King: We have to open the item up for public comment. Commissioner Diaz de la Portilla: I know. Chair King: So you may -- Commissioner Diaz de la Portilla: But I first need -- I want to second it. It's -- I'm honored that it's in my district, Mrs. Mas Canosa, Jorge, I'm very honored. I think Commissioner Carollo was more than clear in what he represented to this community, and to the Cuban American community in particular. What he left, the legacy that he left with his sons, but what he did for our cause. And I just turned 58. He passed away, I believe, when he was 57. And he accomplished so much. I wish that I could have accomplished that much at 57 years of age. He accomplished so much for our cause, bringing people together, .fighting the cause of liberty for our country, what we consider our country. His lovely wife is here, your mother. I also wanted to recognize City of Miami Page 90 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 her and have her come up at the appropriate time. 1'in not going to say much. 1 think Commissioner Carollo covered everything. We all know who your father, your husband was, what he did for the Cuban -American cause, how he made the number one issue, he made it the number one issue in his life, to make sure that that would happen, that that liberty would come. He never saw that. Hopefully, someday we '11 see it. But he fought for it like no one else. He united democratic nations, he united people, he united Democrats and Republicans, he did something that we don't see anymore, all for one cause and one issue. And I also knew him. I didn't know him as well as I would have liked to have gotten to know him over the years. I was a lot younger than Commissioner Carollo. But I saw what he did and 1 followed his career and I followed his cause and our -- because it was our cause. And 1 remember my grandfather, every month would send a $5 check to the Cuban American National Foundation. And it was something that, forget all the other bills, the first thing that he did was send those $5. That's how important, that's what he meant to so many Cubans that were longing to return to their -- a free nation. Because every year they said, next year, next Christmas, we'll celebrate it in Cuba. During the 70s and 80s, and it continues to this day that people still think that way. We have to have -- keep that hope alive. And that hope that your father created and your husband created, he kept hope alive. And that memory is something that he more than deserves this park, and he deserves much more than that. But to be honored today, fbr me, it's a great, great, great honor that it is in my district, in the district that I represent. So that's all. Congratulations and it's well -deserved and well -merited. Chair King: Commissioner Reyes. Commissioner Reyes: Yes. I welcome Mr. Carollo's naming this park. And I want everybody to know that although I voted against the project for reasons that I believe that could benefit -- it would have been a better deal for the city of Miami, never was because it was part of the Mas Canosa family. On the other hand, I supported everything that he did, because Mr. Mas Canosa, he took the fight for Cuban freedom beyond the city of Miami. He brought it to the world. He brought it to the world. He traveled to every single corner of the world and met with all, all officials, presidents, prime ministers, and brought the message that Cuba should be free. He spent his own money. He spent millions of dollars doing that. And he did something that never was accomplished before. He united the Cuban exile. And I always supported him. When he was attacked by the press, I publicly defended him. When he was attacked by some politicians, I always defended him, because he was, in my opinion, the leader that we were missing for so long time. His death, and an untimely, untimely time, it is felt. As a matter of fact, I have spoken with many friends and this phrase always comes when we -- something is going on in Miami or about Cuban policy. If Jorge Mas Canosa were alive, this wouldn't happen because he knew, he knew how to work, he knew how to bring the message not only to Miami, to Iowa, to France, to Latin America, every place, every place that he could bring the cause of the Cuban and the suffering of the Cuban and the reason why it should be free, he didn't hesitate. And therefore, although I had voted against the project, I will never vote if a little piece of my against naming Jorge Mas Canosa a piece of Miami because it was an integral part of Miami, and we -- all we Cubans, we have to be very grateful of him. So I will vote in favor of this. Chair King: And if -- Commissioner Reyes: I only have one question, Madam Chair. In the -- and Mr. City Manager, did you correct the address because you are including 1400 Northwest 14th Avenue and that's the Grapeland Park? Mr. Noriega: Yeah, we referenced that in the briefings. City of Miami Page 91 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Commissioner Reyes: Okay. Mr. Noriega: Yeah, that's being corrected. Commissioner Reyes: That's my only question. And thank you for giving your husband to us for so many years. Thank you very much. Chair King: Commissioner Russell. Commissioner Russell: Thank you very much. The original concept was the name of Freedom Park, but Jorge Mas Canosa is clearly synonymous with that, and quite fitting, so you of course have my support. And 1'd like to take this opportunity to thank the Mas family, the Mas Canosa family because this is -- their intentions with this land and the promises that they have kept with regard to finding new green space throughout the city of Miami, everything is coming to fruition that was laid out four years ago. And that 's why I was very proud to vote for this when it came through, not only to put it on the ballot once the voters said yes, to then work with it on the lease. And this is just, to me, icing on the cake. I really look forward to this park coining to fruition and being open and clean and accessible to everyone in the city of Miami. Thank you. Chair King: At this time, I'm going to open public comment. If you would like to say a few words. Jorge Mas Canosa: Thank you, Madam Chair, Commissioner Carollo, Manolo, Alex, Commissioner Russell. You know, today I stand before you and on behalf of my mother, on behalf of my brothers, my family, the members of the Cuban American National Foundation, and I'm going to try to speak on behalf of my father's core value, which was to fight for freedom. First, I'm incredibly humbled to stand before you here today as a son of a Cuban exile. I was born in Miami. My father was a very proud Miamian -- Commissioner Reyes: Yes. Mr. Mas Canosa: -- but he held Cuba in his heart, in his mind, in his soul 24 hours a day. As we grew up, you know, the conversations in our dinner table all revolved around how blessed we were to live in a free land, but that we all had a responsibility to make sure that until all people are free, especially our Cuban brothers and sisters, we cannot rest. So there's a saying by a great Cuban patriot. Marti, that says, (FOREIGN LANGUAGE), honoring honors. And standing before you today in front of this gesture of naming the park after my father is, I think, an amazing tribute to him, and most importantly, to the memory of our community. Because the history of the city of Miami, our amazing city, took a significant turn for the better when the Cuban exiled community sought refuge in the city of Miami. The Cuban American community, I think, has stood for amazing human values of freedom, of faith, of democracy, of building a city. Because I know when my mother, my mother came from Cuba just to marry nay father. She never saw her family again. And that is a story of the Cuban exile community. And my father started here in Miami with nothing. He was a milkman for Foremost Dairies. He worked odd jobs. I was born a year after they got married. And I get emotional because I feel that this is the history, of all of us, the history of all of us who have the blessing of being the children of exiles. And you know, it's not unique to the Mas Canosa family. What was unique to our family was niy father in a certain way because he was a larger than life figure. I always say to many people, if he walked in this room now and you didn 't see him but you'd feel him. And I had the blessing of being next to him for so many years and being in his car when he 'd get -- remember one day he had an outrageous idea. I just graduated college. I was at UM (University of Miami). We're driving somewhere. Reagan had City of Miami Page 92 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 just been elected, and my father said, we're going to have a radio station. Beam a signal to Cuba like they do in Radio Free Europe. And 1 remember the other board of directors of the foundation looking at my father and told him, you are absolutely, crazy. That will never happen. A year and a half later, my mother and father inaugurating a radio station in Washington, D.C. called Radio Marti with bipartisan support. So that was the odyssey of Jorge Mas Canosa, always, I think, you know, fighting for what he wanted to do. You know, God took him way too young. I'm actually older than my father was at that time. But what an amazing tribute to be able to name something so that people can remember. So that future generations of our children and our grandchildren can remember what a man did trying to represent freedom and make Miami a better place to live. So 1 want to thank all of you for giving me the opportunity just to say thank you. So thank you. Chair King: Thank you. And I believe everyone here would like to co-sponsor this item? Commissioner Reyes: Co-sponsor, yes. Luimar Zibetti Garza: I have a public comment, please. Chair King: On this item? Ms. Zibetti Garza: Yes. Chair King: Yes, go ahead. Ms. Zibetti Garza: Under the umbrella of First Amendment free speech, I disagree with naming this park, because in reading how he was involved with the CIA (Central Intelligence Agency) from a milkman to a multimillionaire, and for him to be part of the Iran -Contra affair, and in the end, in a Los Angeles interview, he said, I will never assimilate with the United States, my heart is in Cuba. And what we know about the CIA today, and what we know decades later of what is happening and what is being exposed, I strongly disagree against naming this park Jorge Mas Canosa. Let's stop with the nepotism. Thank you. Chair King: Thank you. Is there -- Vice Chair Carollo: Ma'am -- Chair King: -- anyone else that would like to speak on this item only? On this item only. At this time -- Vice Chair Carollo: Madam, can I --? Now this is something that Jorge said that I'd like to add to it. It's something that -- Commissioner Diaz de la Portilla: So -- Chair King: Not -- Vice Chair Carollo: -- adds to what he said briefly. Chair King: Okay. Vice Chair Carollo: No, no, no. Chair King: Okay, go ahead. City of Miami Page 93 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: I'm glad you mentioned Radio Marti because your dad hadn't been there, that never would have happened, and then years later came TV Marti. But while you were mentioning that, my hard drive that has thrown so much out already, somehow clicked in and it reminded me of the day in Las Esquina de (UNINTELLIGIBLE) that they had on 12th Avenue, 1st Street -- Commissioner Diaz de la Portilla: Ronald Reagan. Vice Chair Carollo: -- it's no longer there, an old restaurant, that President Reagan came. That's why 12th Avenue was named, and by the way, it was with my motion, to Ronald Reagan Avenue. And I remember your dad, because I was in the table next to his, sitting with President Reagan. There was maybe no more than 40 people invited. 1 was a young kid, about 25 or so, and extremely privileged and honored to have been one of the invitees there. And we, as Cuban -Americans, were so excited on the coining announcement of Radio Marti. And I remember that, with some of my aides, we had a radio about like this, and we dressed it up with a Cuban flag and put the words, Radio Marti on it and so on. And we had it on our table and your dad looked at it and he smiled and he says, Joe, come over here. And the president was right next to him and of course, the minute I came, the CIA -- Commissioner Diaz de la Portilla: Secret Service. Vice Chair Carollo: -- the Secret Service, and I'm sure the CIA somewhere, hadn't checked it. And they all came to stop me from it, but the President insisted he wanted to see it. And President Reagan was extremely happy that your dad was, like he should have been, extremely proud of that day. And the rest became history. So it 's just something from the past and memories that when you mentioned that, it kind of clicked in and reminded me of that day. Commissioner Reyes: Madam Chair, I just want to add a couple of things that now that we are enumerating the accomplishments of Jorge Mas Canosa. If it hadn't been for Jorge or for your dad and your husband, we wouldn't have had the late Torricelli. The Helms -Burton Law wouldn't have been passed. And it was not only a Republican president that had signed and given all those, I will say everything that was in favor of the freedom of Cuba. But your dad, your husband, was so convincing. They convinced Clinton to sign La Ley Torricelli (UNINTELLIGIBLE). I was at -- and the Helms - Burton after the downing of the airplanes. I was honored to -- I was invited, and I met your dad at the signature of the Helms -Burton. I was there sitting and it was signed at the White House. And he was very happy with it. He was very happy and very proud. And we were very proud that we got, I mean, that that law was accomplished and has really, really has been like a thorn on the side of the Cuban dictatorship. And it wouldn 't have been able to obtain it without the ability of Jorge Mas Canosa to bring people together and convince them to do what he wanted. So I just want to add that. Chair King: At this time, Madam City Attorney, would you please read the title into the record? Victoria Mendez (City Attorney): Thank you, Madam Chair. I just wanted to clarify that between ,first and second reading, we'll make attachments to depict the approximately 58 acres that will be probably pursuant to the SAP (Special Area Plan) or the sketches with regard to the park space. So we 71 make those amendments and I also have to say approximately at the addresses that I'm about to mention now. So those are the changes that we're doing. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? City of Miami Page 94 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Vice Chair Carollo: Chair? Applause. Vice Chair Carollo: Chair -- Commissioner Diaz de la Portilla: Can they come up here Jroa picture? Vice Chair Carollo: -- can we get a picture with Mrs. Mas Canosa, Irma and Jorge? Commissioner Diaz de la Portilla: Yeah, Jorge, come up here. Vice Chair Carollo: Jorge, if you could (INAUDIBLE) -- FR.10 ORDINANCE First Reading 12445 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK AND MAURICE FERRE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) 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 additional minutes referencing Item Number FR.10, please see "Public Comments for all ltem(s) " and Item Number FR.2. Chair King: So we're now on FR.10. Do you have a motion? Commissioner Reyes: Before we have a motion, I want some clarification on it too. I'm sorry that I came with my -- Chair King: Okay. Commissioner Reyes: -- my questioning. Chair King: I'm going to let my -- let's go in order. My Vice Chair, do you have something? Vice Chair Carollo: Yeah, I do. Madam City Attorney, do we have any other ordinance pertaining to this or --? City of Miami Page 95 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Victoria Mendez (City Attorney): Right now, the ordinance that is here is your ordinance that has to do with Bayfront and Maurice Ferre Park. We just have to clarify that it is monument signs, pursuant to Miami 21, and then the Chair wanted to amend to add Virginia Key Beach Trust as long as it is the same size, which is of the monument signs. It's not a problem, that minor location, but it has to be the 20 by 20 - Commissioner Reyes: Oh, okay. Chair King: And it -- Ms. Mendez: -- which is pursuant to Miami 21. Chair King: But there's additional for Virginia Key Trust. It has to comply environmentally, you know, maybe it can't be so bright because we can 't kill the sea turtles, this and that. Butt want to give them an opportunity to be a part of it -- Commissioner Reyes: Okay. Chair King: -- when the opportunity presents itself. Commissioner Reyes: 1 have another question. Numbers. Because it doesn't say it's going to be three, four, five, and it is very open-ended. It could be, 1 mean, 10 signs, 20 signs, you see. It doesn't -- Chair King: Well, it won't be. Commissioner Reyes: What 1 read, it is open-ended. Vice Chair Carollo: You have to, by FDOT (Florida Department of Transportation) laws, you can only put one sign every thousand feet. So, for instance, in Bayfront and Maurice Ferre, the most you could put at Bayfront Park would be three or whatever size and Ferre, it would be two. Commissioner Reyes: Two, okay. Vice Chair Carollo: I would imagine in Virginia Key, I don't know where you're planning on putting it, but let me leave that. Chair King: Right. Vice Chair Carollo: You know, I think there's only one there maybe but -- Chair King: Right so -- Vice Chair Carollo: -- that's -- Chair King: Okay. Did I have a motion? Commissioner Reyes: That answered my question. Vice Chair Carollo: Now, but Madam Chair, it's -- and I'm trying to resolve this as amicably as possible. We deferred this from the last meeting to this one. There is another signage that's much bigger than the monument signs. Commissioner Reyes: Yes. City of Miami Page 96 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Mendez: Right, that's not in this ordinance. Commissioner Reyes: It's not in this. Ms. Mendez: This one was going to pass on first reading. If there is another proposal, that one requires a lot of Miami 21 tweaking because those sizes are not contemplated right now. Commissioner Reyes: It requires also -- Vice Chair Carollo: So, this is first reading? Chair King: Yes. Vice Chair Carollo: Okay because -- Ms. Mendez: Yes, this is first reading for this. Commissioner Reyes: For this. Vice Chair Carollo: Yeah, because what I'm trying to do is if that's going to pass this commission, 1'd like to have it all together so we can bring it -- well, 1-- we can't so - Commissioner Reyes: No, we can't. Ms. Mendez: It would -- Vice Chair Carollo: Right. Ms. Mendez: If there are other changes contemplated, that needs to be Vice Chair Carollo: Yeah, separate. Ms. Mendez: -- another first reading -- Vice Chair Carollo: Okay. Ms. Mendez.: -- or separated. Vice Chair Carollo: Is that fine with everybody here? Commissioner Reyes: Yeah. Chair King: Yes. Commissioner Diaz de la Portilla: Well, the -- because I have also the Omni CRA (Community Redevelopment Agency) and I think maybe for the Overtown CRA a proposal to do some additional signs that I think will be beneficial -- economically beneficial for the City. And my thinking along these lines was that I would -- we would try to put it all together. And I was trying to do it in one fell swoop instead of trying to do it in pieces. But if you feel comfortable passing it today -- Chair King: I like keeping the parks -- Commissioner Reyes: That's right. City of Miami Page 97 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: -- separate from anything else. So I like keeping the parks together and then we'll move on to -- Vice Chair Carollo: The only difference here, so we can all understand this correctly, the monuments can only be 20 by 20, 400 square feet. Commissioner Diaz de la Portilla: Right, right. I understand that. Vice Chair Carollo: The issue here is that other signs, one more that a different entity is proposing in Bayfront Park, 1 believe at one of the museums they're proposing one facing the expressway. And then I believe at the opera house, they're proposing one there. These are bigger than 20 by 20. 1 thought -- Commissioner Diaz de la Portilla: At the Adrienne Arsht Center. Vice Chair Carollo: Yeah, at Adrienne Arsht, yeah. Ms. Mendez: Right, the Arsht, the PAMM (Perez Art Museum Miami). Commissioner Diaz de la Portilla: Yeah, PAMM Vice Chair Carollo: Yeah, when this was deferred last meeting, I thought it was to put everything together in one ordinance, but -- Ms. Mendez: Yes, we were trying to -- Vice Chair Carollo: -- clearly, yeah -- Ms. Mendez: -- but we -- Vice Chair Carollo: -- the City Attorney -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- has got some issues. I don't know if that could be resolved. Commissioner Diaz de la Portilla: We have a meeting today at 3 o'clock to try to resolve those issues. That's why we just kind of ran out of time. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: Because the City Attorney raised some concerns and I requested a meeting with the City Manager and the City Attorney and signage and everybody else to try to get there. But if we want to keep it separate, we'll do it separate. I'm okay with that too. I mean that's -- Vice Chair Carollo: Okay, but do you think this could possibly be resolved this afternoon? Commissioner Diaz de la Portilla: I think so. Vice Chair Carollo: So then we could -- Ms. Mendez: So this is -- this is -- Vice Chair Carollo: -- amend the ordinance if need be? City of Miami Page 98 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Mendez: Right. So this is the only concern. Right now, this one is compliant with Miami 21. The other great suggestions have to amend Miami 21. And that's the difference. Commissioner Diaz de la Portilla: Well, that's not true. Commissioner Reyes: That's a different animal. Ms. Mendez: You have to make bigger signage. Commissioner Diaz de la Portilla: That's not true because we don't know -- you don't know what those are and you don't know what the compromises will -- that will occur when we sit down and talk this afternoon. So you don't know where we're going to go with that. Ms. Mendez: Okay. Chair King: So -- Commissioner Diaz de la Portilla: Right, so -- and we haven't had the opportunity to have that conversation, right? Ms. Mendez: We have not. I'm just telling you that this ordinance -- Commissioner Diaz de la Portilla: I don't want to delay the Commissioner's proposal. 1 think it's important and I think it's a good thing to do. Chair King: So we're going to -- Commissioner Diaz de la Portilla: Hold on. Let me finish. And if you want to move it forward, I'll support you. I just want you to help me and us move forward with something else we want to do in those areas. So I think -- Vice Chair Carollo: Look, I'll say it on the record, I have no problem in approving from this body the additional requests that will come. Commissioner Diaz de la Portilla: Yeah, I think it's important for revenue generation. Vice Chair Carollo: Well, that's part of it and this is not noise related -- Commissioner Diaz de la Portilla: Right, exactly. Vice Chair Carollo: -- that has caused a problem for many of our areas. So, and putting something that's reasonable in size, within a thousand feet apart, you know, it's not like the Palmetto that you see a sign every few hundred feet. Commissioner Reyes: Let me -- Commissioner Diaz de la Portilla: So I'll move FR.10. Commissioner Reyes: I second. Chair King: And I have a second. All in favor? The Commission (Collectively): Ave. Chair King: Motion carries. City of Miami Page 99 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Todd B. Hannon (City Clerk): And Chair, I'm sorry, Madam City Attorney, did you want to make any amendments in between first and second reading, or are we making any amendments on first reading? Ms. Mendez: We've amended on first reading, as I stated, and then they'll be in the second reading legislation. Commissioner Reyes: You see, I have a little concern with all this, because those are LED (Light -Emitting Diode) signs, right? Vice Chair Carollo: Yes. Commissioner Reyes: You see, I don 't want us to become another Vegas. Vice Chair Carollo: No. Commissioner Reyes: There's going to be a bunch of them. I mean -- Vice Chair Carollo: Not that 20 by 20. Commissioner Reyes: -- I'm taking -- I'm taking -- Fin just giving you this, I mean, it's food for thought. Just try to picture how it 's going to be and how many can we have and how can they affect the environntent and the residents. That's what I want you to do, you see. Ms. Mendez: Based on what you described, we can talk with the sponsor about the limits just to be clear -- Chair King: Okay. Ms. Mendez: -- and go from there. FR.11 ORDINANCE First Reading 12577 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE QUALIFYING DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.11 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.11, please see "Order of the Day." City of Miami Page 100 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 END OF FIRST READING ORDINANCES City, of Miami Page 101 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 BC.1 12424 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mercedes Rodriguez ENACTMENT NUMBER: R-22-0368 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: A motion was made by Vice Chair Carollo, seconded by Commissioner Reyes, and was passed unanimously, to appoint Mercedes Rodriguez as a member of the Planning, Zoning and Appeals Board; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Mercedes Rodriguez as a member of the Planning, Zoning and Appeals Board. Chair King: Now, it is noon. Mr. City Clerk, do we have any board appointments that you can --? Todd B. Hannon (City Clerk): Yes. BC.1, Planning, Zoning, and Appeals Board. Commissioner Diaz de la Portilla will be appointing Mercedes Rodriguez with a four - fifths employment waiver. Vice Chair Carollo: Move. Chair King: Second. Commissioner Diaz de la Portilla: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Chair King: That concludes the boards and committees. Now let rue hear from my colleagues. We have discussion items left and then PZ (Planning and Zoning). Would you like to take the discussion items? Well, it's one -- Commissioner Russell: After lunch. City of Miami Page 102 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: -- and three. We only have two. One and three. Do you want to take them after lunch? Commissioner Diaz de la Portilla: After lunch. Commissioner Russell: After lunch. Vice Chair Carollo: After lunch. Chair King: After lunch. Okay. Commissioner Diaz de la Portilla: I think it's unanimous. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Alright, so -- and we are going to -- Commissioner Reyes: After lunch. Chair King: Because we have a long day today and I believe that there is some preparation that we need to do in between our commission meeting and our budget hearing, we're going to take a longer recess and come back at 3 o 'clock. Commissioner Diaz de la Portilla: And at 3 o 'clock, we can have the CRA (Community Redevelopment Agency) meeting, which will last five seconds. Chair King: I have -- there are two CRA meetings so -- Commissioner Diaz de la Portilla: Yeah, so five minutes from now. Chair King: Right. So, prior to coming back, we'll do the two CRA meetings, finish the Commission meeting. Commissioner Diaz de la Portilla: No, at 3. We'll do them at 3. Vice Chair Carollo: 3? Chair King: 3 o'clock, yes. Vice Chair Carollo: What time do we come back? Chair King: 3 o'clock. Commissioner Diaz de la Portilla: 3, 3. Mr. Hannon: And Chair; will we start with Omni CRA first? Commissioner Diaz de la Portilla: Ladies first. Mr. Hannon: Southeast Overtown/Park West. Understood. Chair King: Okay. Thank you, everyone. The Commission meeting is now in recess until 3 o 'clock. END OF BOARDS AND COMMITTEES City of Miami Page 103 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11670 Department of Resilience and Public Works A DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING A RESOLUTION PASSED BY THE CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO ADOPT A POLICY FOR CAPITAL PROJECTS THAT ADDRESS STORMWATER MANAGEMENT OR FLOOD MITIGATION. TO CONSIDER AND ADDRESS AS APPROPRIATE, HEAT MITIGATION, HEAT AND STORMWATER MONITORING, GREENHOUSE GAS REDUCTION, AND FUTURE MOBILITY (WITH AN EMPHASIS ON NON -CARBON - EMITTING MODES OF TRANSPORTATION). RECOMMENDING THE CITY MANAGER TO REQUIRE THE FOLLOWING FOR APPROPRIATE CAPITAL PROJECTS: NATURE-BASED/LOW- IMPACT DEVELOPMENT BE INCORPORATED IN THE SCOPE OF WORK (SOW); TO INCLUDE LANDSCAPE ARCHITECT WITH NATURE -BASED INFRASTRUCTURE EXPERIENCE AND PERSONNEL WITH ADAPTATION PLANNING EXPERIENCE BE INCLUDED IN THE QUALIFICATION OF THE SOW; AND WATERFRONT EDGE DESIGN GUIDELINES (WEDG) AND ENVISION CERTIFICATION GUIDELINES BE CONSIDERED IN CAPITAL PROJECT DESIGN. LRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL1, please see "Public Comments for allltem(s)." Chair King: Good afternoon, everyone. The September 22nd, 2022 City of Miami Commission meeting is now in session. We left off with discussion items DLI and DI.3. Is staff here to make a presentation? How is that possible that we're here and staff is not? Are you the staff? Are you ready to make the --? (COMMENTS MADE OFF THE RECORD) Chair King: They are coining down right now. Unidentified Speaker: I apologize. Chair King: Um-hmm. Commissioner Reyes: They should have been here. Chair King: Um-hmm. Commissioner Reyes: Total disrespect. Chair King: They're not accustomed to us starting on time. Commissioner Reyes: What's this gentleman name so I remember him? What is this gentleman name? City of Miami Page 104 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Larry. Spring -- Commissioner Reyes: That is -- Chair King: -- CFO (Chief Financial Officer). Commissioner Reyes: -- that is Larry Spring? I remember that. (COMMENTS MADE OFF THE RECORD) Chair King: Mr. Santana, are you ready to make a presentation? Juvenal Santana (Director, Public Works): Good afternoon, Madam Chair. Chair King: Good afternoon, good to see you. Mr. Santana: Commissioners, Juvenal Santana, Director of Public Works. Discussion Item 3, looking around for someone representing the Climate Resilience Committee. This was a resolution passed by the CRC (Climate Resilience Committee) and they're here to make a presentation on it and have a discussion. Chair King: Thank you. Mr. Santana: You're welcome. Amy Clement: Sorry, just clarification. We're on Discussion Item 1? Chair King: Yes. Ms. Clement: Okay. Chair King: Stormwater management? Ms. Clement: Yes. So I made some public comments. Again, my name is Amy Clement. I'm the vice chair of the Climate Resilience Committee of the City of Miami, and I'm also a professor of atmospheric science at the University of Miami, resident of city of Miami, 1766 Opechee Drive. I made a few comments this morning, and I've shared with all of you some points about this resolution. We have an opportunity here to be really innovative in terms of our stormwater. And this is simply asking the City to instate a policy where, as we're investing in stormwater, which is going to involve a lot of exfiltration trenches and pumping, that we also consider as we're designing these stormwater projects, that we also consider other climate threats such as heat, mobility, greenhouse gas emissions, and specifically thinking about using green infrastructure and natural systems, which many other cities around the world and even our neighboring counties are using in major stormwater and infrastructure projects. Commissioner Russell: Thank you. Madam Chair? Chair King: Yes. Commissioner Russell: Thank you. Amy, thank you. How much of this -- how much of the Climate Resilience Committee's recommendation is already included in the Stormwater Master Plan that you would just like to see bolstered and ensured, or are these all new things that are not included in the Stormwater Master Plan? City of Miami Page 105 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Ms. Clement: The Stormwater Master Plan doesn't get into this level of detail in terms of design. This is actually going to the next step when we're asking designers to come up with projects, that this is at that level where the staff is going to be asking them to include these. I will say that CDM (Camp Dresser & McKee) Smith, and we've worked, we've spent many hours with them, the Climate Resilience Committee, they're very much in favor of this kind of approach. It's not necessarily what they do, or in terms of their -- I mean, I think they can do it, but they haven't -- they didn't present those solutions to us. But I think they're very much -- it's included in the plan as a concept, it's just the details aren 't quite there yet, because they'll come at a later Commissioner Russell: Got it. Thank you. Ms. Clement: Okay. Commissioner Russell: Is the director still here? Would this be a Capital or a Public - -? There he is. Actually, if you could each take a lectern, that'll be helpful, just in case I have questions for both. Thank you, Director Santana. In your review of the recommendations of the Climate Resilience Committee, what are your thoughts on including those within the Stormwater Master Plan? Would it make it more robust? Would it make it burdensome? Would it too cost burdensome? What are your concerns? Mr. Santana: So specifically in the Stormwater Master Plan, obviously that makes the recommendation as far as level of service and what the infrastructure improvements there would be required to be implemented. With respect to some of these considerations, we're already seeing that, right? So we're already seeing that on Brickell Bay Drive, that project's' already taken into consideration, thinking along these lines, and it's a very specific roadway project that'll incorporate all sorts of different solutions that we haven 't done in other places. We're also looking at that at Jose Marti Park. There's also -- those are also looking at different types of implementations as far as how you treat that waterfront. Commissioner Russell: So you're on the same page. Mr. Santana: So some of -- with that said, some of the options that are there when we're coming in and we're doing the larger projects, then it's going to come down to dollars and also consideration towards maintenance. But one thing that we are already doing is that when we're coming in and doing drainage projects, we're recovering swales, we're planting an incredible amount of new trees going in, and at the same time I know the Planning Department, working with Curtis and Rogers, has been doing the Southwest Streetscape Master Plan, and they've been looking at additional solutions -- Commissioner Russell: Makes sense. Mr. Santana: -- in the public right-of-way that go along this. Not so much in the Stormwater Master Plan, but most definitely when we 're considering stuff like the Streetscape Master Plan, those ideas are being brought forth. And once we bring these projects towards design and construction, we will absolutely fold those in to whatever extent is possible. You know, if it's going to double the cost of a project, those are decisions that have to be made at -- Commissioner Russell: I don't see anything here that would do that. Madam Chair, I'd be happy to sponsor legislation on a future agenda to bring these recommendations into the Stormwater Master Plan in a codified way. So thank you. City of Miami Page 106 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Thank you to the Climate Resilience Committee for the recommendations. Thank you, Director. Chair King: Commissioner Manolo, would you like to weigh in on this report? Vice Chair Carollo: Not at this point in time. Commissioner Reyes: No. Vice Chair Carollo: Thank you. Chair King: Okay, so we will accept the report. There's no further discussion for this item. Thank you very much. Commissioner Reyes: Thank you. Mr. Santana: You're very welcome. Commissioner Reyes: Thank you, (UNINTELLIGIBLE). DI.2 DISCUSSION ITEM 11128 MAY BE WITHDRAWN Department of Solid Waste A DISCUSSION REGARDING THE BULKY TRASH COLLECTION COST STUDY REPORT. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item DL2 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." City of Miami Page 107 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 DI.3 DISCUSSION ITEM 12507 Department of Resilience and Public Works A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING A RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE, RECOMMENDING TO THE MIAMI CITY COMMISSION, AN ORDINANCE AMENDING CHAPTER 38/ARTICLE VII/SECTION 38- 249 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY/ MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY," SPECIFICALLY BY REMOVING SUBSECTION (G) TO ELIMINATE THE PROHIBITION OF PLANTING MANGROVES ALONG THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL3, please see "Public Comments for allltem(s)." Chair King: The next item we will hear is discussion item DI.3. There 's a recommendation on mangroves. Commissioner Reyes: Mangroves. Chair King: Mangroves. Amy Clement: So the Climate Resilience Committee passed a resolution and asking this body to eliminate the prohibition of planting mangroves along the Miami Baywalk Greenway along Biscayne Bay. As 1 mentioned earlier today, it's important for the City to have a range of options for managing the effects of climate change, and the Climate Resilience Committee passed this resolution so that we do not limit our options by banning mangroves in the baywalk. This could hamstring coastal engineers and environmental consultants working on the baywalk project. They are the appropriate professionals to recommend the best shoreline protection strategy and quarterback it through the federal, state, and local environmental permitting. They need every tool available. Chair King: Okay, now, with this recommendation, it doesn't prohibit the planting of mangroves, but it also doesn't require the planting of mangroves. So it would be up to the area's needs, wants, the wishes of the community, correct? Ms. Clement: Exactly. This is not an either/or, its an and. Chair King: Uh-huh. Mr. Vice Chair, would you like to weigh in on this? Vice Chair Carollo: Yes. We had voted on this before. Commissioner Reyes: Yes, we did. Vice Chair Carollo: Okay, we had voted on this before, right? Chair King: Bring it closer. Vice Chair Carollo: Yeah. I was saying we had voted on this before. And we voted no mangroves, right? Why is it being sent to us again? Don't they understand what we meant when we voted. I mean, I'm going to read to you right here. City of Miami Page 108 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Unidentified Speaker: I can't really hear so -- Vice Chair Carollo: I'm going to read to you right from one of the top scientists in one of our universities. Yuepeng Li, she's a Florida International University researcher who published multiple papers attempting to quantify exactly how much protection mangroves offer. And she says, it takes about half a mile worth of mangroves to lop off even one foot of storm surge. Even one mile of mangroves, she said, I don 't think will significantly decrease surge, Yuepeng Li stated. Now, I could go on and on and on, but there's a difference, and there's a group of people that see it one way, the majority of us up here saw it another way. And this is not that every few months, every quarter, you know, we get hammered with it again and again and again, hoping that somehow with a Hail Mary pass or the typical pressure, you know, we're at 2103 Coral Way or whatever the address is, you bring in some of these outsiders from the city of Miami and they start pressuring us, and we're going to cave in? I'm certainly not. So, that's whatl have to say. Chair King: Well, I don't think that -- I think maybe if there are areas in the city of Miami that would like mangroves -- Vice Chair Carollo: Well, that's another story. Chair King: Right, that it shouldn't -- because, for example, I live on the bay. I don't want to look out and see mangroves right under my seawall. 1 just don 't think it's an appropriate place for the mangroves. But there may be other places for mangroves. I understand their utility and their usefulness, like for example, there are a bunch of mangroves on Virginia Key, but I just don 't think it would be appropriate for where I live, and I live on the bay. So, I don't know, Commissioner Russell, would you like to weigh in? Commissioner Russell: Thank you, Madam Chair. Of course, I do disagree. I don 't believe that the representations that Mr. Cruz made this morning are accurate. Mangroves absolutely contribute to a -- holding the soil together, reducing erosion, to show a picture after a hurricane of a beach washed out and say that mangroves don 't actually help with erosion is misleading. I think this all comes down to how we value our views versus the protection of our future. And so those who want to protect their views will build a case of why these don't actually work. But they do, and it is a trade- off. My understanding here is political. The will is not here for the baywalk itself the baywalk to have mangroves. And that legislation that passed, the baywalk ordinance is going to be incredible for this city. And the trade-off we had to make in that moment, and I'm sure that the Climate Resilience Committee disagrees, is that was the concession. That was the concession I had to accept to get the votes to pass that item so that we will have a completed baywalk for the future. Perhaps the will will change over time, but for now, clearly the political will is not to have mangroves on the baywalk, so I don't believe we'll be seeing that legislation. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: I understood that the baywalk and all the different changes that we did, and correct me if I'm wrong, Commissioner Carollo, Chair, or you, that remember that we required that now the baywalk, it was raised in order for us to, in order to protect that area from surge, from king tide, et cetera, et cetera. When I voted fbr it, it was my belief that that was enough, you see, that was enough. Now I don't understand why we have to plant or do something else, you see, like planting mangroves. I agree 100 percent with Madam Chair that one of our jewels is our bay, City of Miami Page 109 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 you see, and the water. Why should we have an impediment that people cannot have a clear view of the hay and the water and all that, because we want to plant mangrove, which is not proven. There is an argument pro and con, and we would be ruining. You take, for example, beautiful thing that 1 have at Jose Marti Park, and I'm using this as an example. It's the view of the water, the river, and everything. You see, if you take that away from that park, you're going to do the same thing that was done in Bayfront Park. If you recall, because you 're an old timer, you recall before Mr. Noguchi came and he did the renovation of Bayfront Park, it was beautiful to just go by Biscayne Boulevard, look to the right and there was a beautiful view of the bay. Now you don't see nothing but a berm over there. And I think that's part of our treasure, the treasure of the city of Miami. We shouldn't be impeding our view of our beautiful bay and our beautiful river and our beautiful sea. If we can do it, I mean, with the baywalk that protects the city, that part of the city from being flooded, hey, let that be it, man. I mean, that is my opinion. That is my opinion, you see. Chair King: Is there a will to take any action on this discussion item? Commissioner Russell: Clearly not, unfortunately. But I accept that political will and that's politics. That's what I needed to agree to in order to get the baywalk ordinance. Vice Chair Carollo: No, no, no, no. Commissioner Reyes: That's not politics. Vice Chair Carollo: That's not politics. That's democracy. Commissioner Reyes: No, no, it's reality. Vice Chair Carollo: Democracy. Chair King: Okay. Commissioner Russell: It's a majority. Chair King: Okay. Commissioner Russell: But if I could, Madam Chair, because what the baywalk ordinance did will connect and complete the baywalk and bring it into our park system, both the public and private lands, allowing our administration to negotiate with private owners so that we don't have to wait another 40 years like we have already. And so if I have to give up mangroves on the baywalk in order to have achieved that for this moment, that was the bet I made back then. And I'm glad we have that ordinance. So, we may disagree, but it is the will of the majority, so there is no action on this item. Commissioner Reyes: Okay. Chair King: Okay, thank you. City of Miami Page 110 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 DI.4 DISCUSSION ITEM 12549 Department of Human Services A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING THE HOMELESS TRANSITION ZONE LOCATION. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number DL4, please see "Order of the Day" and "Public Comments for all Item(s)." END OF DISCUSSION ITEMS City, of Miami Page 111 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.1 12292 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED, THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE ONE (1) 326.33 FOOT LONG AND SIX-FOOT WIDE PLATTED UTILITY EASEMENT, BOUNDED BY NORTHEAST 64 TERRACE TO THE NORTH, FLORIDA EAST COAST RAILWAY TO THE EAST, NORTHEAST 62 STREET TO THE SOUTH, AND NORTHEAST 2 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0369 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: At this time, we're going to take up our Planning and Zoning items. May I have a motion --? First, are there any items that you guys would like to pull for discussion? Commissioner Russell: Yes, Madam Chair, I'd like to know -- Chair King: PZs (Planning and Zoning). Commissioner Russell? Commissioner Russell: I'd like to know from the Administration if we're ready to take up 8 and 9 this afternoon. Those certainly would have to be taken separately regarding the Brickell City Centre. Arthur Noriega (City Manager): We are ready to take those up separately so we can - Vice Chair Carollo: Well, on the -- Chair King: So those are last (INAUDIBLE) -- Vice Chair Carollo: -- Brickell City Centre, Mr. Manager -- Mr. Noriega: Yes, sir. Vice Chair Carollo: -- I hope that they shown you exactly what was shown to me last night. And there's going to be a tradeoff that they're going to build a permanent station within about a year and a half, I'm told. City of Miami Page 112 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Noriega: No, we vetted that option. It's not a good option for Fire in terms of increased enhancement for any real benefit beyond what we already have at Fire Station 4 as it is. So we 've worked on some other compromises with regards to location, with regards to timing, and there's some amendments that have been made to the agreement, which we're happy to give to the Commission so you guys can have those as a reference. You have those now? Vice Chair Carollo: Alright, then yeah then -- Commissioner Russell: So this is a proffer by the Administration or by the applicant? Mr. Noriega: Both. Commissioner Russell: This is already agreed between the -- Mr. Noriega: We negotiated on that. Chair King: Okay, so I want to go in order. Let's go in order. Do I have a motion to pass PZ.I, 2, and 6? Lakisha Hull: Madam Chair, this is Lakisha, the Planning Director. So for PZ.1, there are some changes for consideration before voting. Chair King: Okay. What are those changes? Ms. Hull: So the applicant has requested to add language to condition number 5 under Section 2 of the reso. And then we also have for the record the Director of Public Works to provide some documentation as backup. Chair King: Please. Ben Fernandez: Good afternoon, Madam Chair, members of the Board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant for PZ.1. The change is simple. It's condition No. 5. This is in relation to the Magic City Special Area Plan. This is the first -- Vice Chair Carollo: Hold on. Mr. Fernandez: Yes, sir. Vice Chair Carollo: You don't look like Melissa Tapanes. It says here, applicant, Melissa Tapanes -- Mr. Fernandez: Oh, does it? Vice Chair Carollo: -- on behalf of Pelican Harbor. Mr. Fernandez: That's PZ.2. Vice Chair Carollo: Is this a rookie that you're training or what? Chair King: No, that's PZ.2. Mr. Fernandez: PZ.2. City of Miami Page 113 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Melissa Tapanes: Mr. Fernandez is the one who hired me 20 years ago so he's definitely not a rookie. Vice Chair Carollo: Okay so -- Mr. Fernandez: If you like, we can bring back the (UNINTELLIGIBLE). Vice Chair Carollo: He's not been trusting you enough as of late. I see. Chair King: So, go ahead. Mr. Fernandez: So, as I was saying, this is the first component, the first subdivision approval for that special area plan. It's a three -acre site. We're vacating an easement, public utility easement, that runs through the property that's not necessary. Condition Number 5, we are simply asking that you add language that says "or as permitted by the Magic City SAP Development Agreement." That condition says that you can't get a CO (Certificate of Occupancy) until all infrastructure improvements are completed. However, the development agreement contains a paragraph that allows adaptive reuse, existing structures to get a CO prior to all of the completion. It's a big project of all the infrastructure improvements. Everybody's in agreement with it. It's just for clarification purposes. Chair King: Thank you. Do I have a motion? Commissioner Reyes: Move it. Chair King: Second? Me. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Mr. Fernandez: Thank you. City of Miami Page 114 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.2 12195 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0370 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.2, please see "Public Comments for allltem(s)." Chair King: Next item, PZ.2. Do I have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 115 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.3 12288 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.3 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 116 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.4 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 117 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.5 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.5 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 118 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.6 ORDINANCE First Reading 12036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY- SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s)." Chair King: Which brings us to PZ.7. The title must be read into the record. Commissioner Russell: 6. Chair King: I mean, PZ.6, I'm sorry. Vice Chair Carollo: I don't get to see Luther (UNINTELLIGIBLE) today? Okay, well, we go to PZ.6, is that right? City of Miami Page 119 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Chair King: Yes. Yes, 3, 4, and 5 have been deferred. Vice Chair Carollo: Okay. George Wysong (Deputy City Attorney): PZ.6. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Chair King: Do 1 have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. PZ.7 ORDINANCE First Reading 12520 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX P: WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-2") OF THE MIAMI 21 CODE, MORE SPECIFICALLY BY AMENDING APPENDIX P SECTION 5, TITLED "SPECIFIC TO ZONES", TO MODIFY RESIDENTIAL DENSITY CALCULATION REQUIREMENTS FOR T4 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.7 was deferred to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 120 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.8 ORDINANCE Second Reading 12008 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING APPENDIX E, BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC SAP") OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO APPROVE THE FOURTH AMENDMENT TO THE PREVIOUSLY APPROVED "BCC SAP"; TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES FOR THE PROPERTY GENERALLY LOCATED AT 799 BRICKELL PLAZA, 700 BRICKELL AVENUE, AND 710 BRICKELL AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14106 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.8, please see "Order of the Day." Chair King: That brings us to PZ.8 and PZ.9. Chief would you like to come before us and give us an update on the progress that you have made or not? Joseph Zahralban: Chairwoman, thank you. Joseph Zahralban, Fire Chief Department of Fire -Rescue. We met with Swire along with our legal department and DREAM (Department of Real Estate and Asset Management) in order to come to some sort of resolution. And I can say that the meeting was very productive. We had good conversation and the conversation was driven by one goal and that is what is the best long-term outcome for the citizens of Miami. Not what is best for the fire department, not what is most convenient for the fire department, not even what is most convenient for the developer, but what works for the residents of Miami. And we did evaluate the property that was proposed, I believe, to all of you. And as I indicated previously, that is not the best answer when we're talking about decreasing response time and doing our absolute best to serve the citizens of Miami. Vice Chair Carollo: Chief if I could interrupt you. Mr. Zahralban: Yes, sir. Vice Chair Carollo: I want to make sure I'm clear. Is the property that they proposed to you that you've declined, is that the one that's got 7,500 square feet, the stand- alone lot? Mr. Zahralban: I believe the address is 158 Southwest 7th Street. Vice Chair Carollo: Is that the same one? City of Miami Page 121 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Spencer Crowley: Yes, sir. Vice Chair Carollo: What time did you meet with them or when? Mr. Crowley: This -- well, we showed up this morning for the hearing and there was a motion -- or the Administration was going to defer the item. Vice Chair Carollo: Okay, this morning you showed up. Mr. Crowley: Yes, sir. Vice Chair Carollo: Okay, so it's after you met with me last night. Mr. Crowley: Yes, sir. Chair King: Yes. No, we had given them direction to go and talk to each other and see if they could come to some resolution. Vice Chair Carollo: Okay. Alright. I'm sorry to have interrupted you, Chief but -- Mr. Zahralban: No, not at all, sir. Thank you. So the resolutions that we have come up with, and we have proffered, and Spencer is about to proffer today, is something that we believe works to the developer's benefit, works to the fire department's benefit, but again most importantly works to the benefit of the citizens of Miami. And I'll ask Spencer to enumerate them and I'll comment as required. Thank you. Vice Chair Carollo: Okay. Chair King: Okay. Mr. Crowley: Thank you, Chief. Chair King: Hi, Spencer. Mr. Crowley: Thank you, Madam Chairman. Spencer Crowley, 98 Southeast 7th Street, for the applicant. We did show up this morning, as many of you know, ready to present and we were asked to go back and work with Fire on a resolution. So I'm not going to read this into the record, you all have the text, we've all agreed to it, but I just want to point out the highlights of our agreement. The first thing we 've done is agreed to incorporate by reference the public benefits agreement and the temporary lease into the development agreement and that's to make sure that these obligations run with the land and can't be terminated in the event that the property is transferred to another entity. We've agreed to make four changes to the temporary.fire station lease. One and I think the most important is that we 've agreed to provide continuity of service to the fire department. So in the interim, when our temporary, station is erected and we're moving to build the permanent building, there was going to be a loss of service during that time. We've now agreed to provide that continuity of service. So once the temporary station is erected and in service, it's -- we're going to have that service for the whole duration. We 've also agreed to cooperate with the fire department in terms of looking within a certain region of the northeast part of Brickell to see if there's any other fire station properties that may be available. And if we locate one and we evaluate it, and it makes sense to Fire, we'll switch gears and move the station from North Square to that site. Nothing required in that respect, but just an idea to cooperate. There are some other changes that we 're making to the agreement regarding casualty and loss to make sure that in the event there 's a hurricane, the previous language allowed us to potentially terminate the agreement with Fire, and we 're specifying that that is no longer the case, that well cooperate to City of Miami Page 122 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 reestablish the service as soon as possible. We're also transferring the ownership of the improvements to Fire once they take occupancy of the structures. One other point I think that's really important is that Swire has put a date or a time limit on when the temporary station will be operational, and that's four months from the date of the execution of the development agreement. So we're hoping it's sooner, but you know, we're still at the whim of a couple of different permitting entities. And so as soon as we can get through that, we think we have about a four -month window to permit, to construct this thing and get it certified for occupancy. So -- Vice Chair Carollo: Yeah, but where do we get the permanent station? Mr. Crowley: The permanent station will be in North Square. Vice Chair Carollo: When? Mr. Crowley: When we build that building. Vice Chair Carollo: That's years away. Mr. Zahralban: And therein lied our challenge, Commissioner. All of the elements of what Spencer described are important, but probably the most important element, especially to the citizens of Miami, is the ongoing dialogue and good faith effort that this new agreement requires in that we know that we have a space in North Square. We know that we are going to provide temporary services out of North Square, but what we don't know, to your point, is when North Square will ultimately come to fruition. So the good faith effort allows both Swire and the Fire Department and the City to go out and look in that geographical area for other locations, other options to build a station. If we find another option and it is agreeable to both parties, they will commence construction immediately. And that is, again, to me as the fire chief one of the most important elements of this because it does give us options other than waiting for North Square to be developed sometime in the future. Vice Chair Carollo: The problem that I'm seeing here, Chief is that land in that area, it is so, so expensive that I don't think you're going to find anything there that you're both going to agree to because of the expense involved. And what I don 't understand is the 7,500 foot lot, it's only at most, it could only be two blocks away. Why is that not acceptable where they'll build a permanent one there? Mr. Zahralban: It's more than two blocks away. It's probably about four blocks away. But more importantly, and these are the two critical factors, it's only about four blocks from an existing station that is very well staffed, but when you combine that with the knowledge of how these streets run because there are many one-way streets going through that area, it would require going around the block in some cases to go in the direction that you need to go to the area that we're trying to serve, and when you compare the two, there's not much greater benefit than responding from Station 4. And recognizing that we build fire stations to last 50 to 75 years, we cannot afford to make a mistake that creates a fire station that becomes obsolete in a year. Mr. Crowley: So I guess one way to look at it, Commissioner, is that if we're able to find a lot that was, you know, basically like the lot we talked about, but in a different location, a location that's suitable for Fire, then we use that lot and we abandon the North Square idea, but we have the North Square, you know, that's there, that's going to happen, just we're just not sure exactly when. For the temporary station, we now have a time period for it, so four months from the date of execution we have to deliver it. Commissioner Russell: Madam Chair? I'm sorry. City of Miami Page 123 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Vice Chair Carollo: It still doesn't make sense to me, but you know, if this is what you're recommending, have you looked at all, or has the fire department, DREAM, looked at anything out there that could potentially be bought or negotiated for? Mr. Zahralban: We're working together with Swire on that and -- Vice Chair Carollo: Yeah, but -- Mr. Zahralban: -- and just looking at all of the options within the geographical boundary that we've provided them. Vice Chair Carollo: That's not my question, Chief. My question is have we looked at anything yet? Mr. Zahralban: We have not looked at any property as of yet, no. Vice Chair Carollo: So we have no idea if there's anything out there, which like I said, I think it's going to be very difficult to find something that is not going to be in the multi, multi -million dollar level. Mr. Zahralban: And Commissioner, you may be right, but what this does do that the last agreement didn't do is it gives us options. And it gives us hopefully viable options that we can use in order to secure a station sooner than the time frame that it will take to ultimately build on North Square. Chair King: Has the applicant given you a ceiling of how high they will go, what they will spend? Will they spend $50 million to build this fire station? Mr. Crowley: The agreements are capped at cost. We really have specifications included and as long as, you know, the parties agree that we have a suitable location and the specifications are met, we can proceed. Chair King: Commissioner Russell? Commissioner Russell: Thank you, Madam Chair, and thank you, Chief for working on this together with the Administration and the applicant. When the -- this third option, this new property was proffered, I felt, much like Commissioner Carollo, that this was a magic wand solution. (UNINTELLIGIBLE), and it just came out of the air and was going to solve everything. It looked like the right size; it had the right specifications. So for the Chief to have this option before him as a turnkey move now, permanent station, and still say no, I very much believe that this must not be the right solution from their level to be willing to revert back to this concept, but embellish it to where it is now what they need for continuity of service, a temporary station that conies sooner, and of course the eventual permanent on North Square or wherever else can be agreed. But that is a very valuable property that they proffered. So that being said, I am open to moving the two items with the amended proffer here, and so that they can move forward. Commissioner Reyes: I will second it, Madam Chair. Chair King: We need to read the titles into the record -- George Wysong (Deputy City Attorney): Yes, ma'am. Chair King: -- before we can take a vote. City of Miami Page 124 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 Mr. Wysong: An ordinance -- PZ.8. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: PZ.9. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Chair King: 1 have a motion and a second. I just want to make sure this is what you believe to be the fairest option at this moment. Mr. Zahralban: Yes, Madam Chair. Make no mistake, if 1 thought that the best thing for the citizens was to build on 158 Southwest 7th Street, I would be pushing for that. But when I look at the long-term growth of the city and I look at the area of Brickell that we need to serve, in addition to what we already serve with Fire Station 4, I believe this is the best decision. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And for the record, PZ.9 as amended? Commissioner Russell: As amended. Chair King: As amended. That will conclude the City of Miami Commission meeting - Mr. Crowley: Thank you all. Chair King: -- for September 22nd, 2022. Unidentified Speaker: Thank you. Chair King: We will resume at 5:05 p.m. for our second budget hearing. Thank you everyone. Commissioner Reyes: Thank you, Madam Chair. You have done a great job. City of Miami Page 125 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 PZ.9 ORDINANCE Second Reading 12064 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RECOMMENDING APPROVAL OF A THIRD Planning AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC. ("APPLICANT"), AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA ("CITY"), BY MODIFIYING THE EXISTING SAP REGULATING PLAN, AS AMENDED AND DESIGN GUIDELINES TO REFLECT CERTAIN REVISED BUILDING PARAMETERS FOR THE ONE BCC SIGNATURE OFFICE CONCEPT, LOCATED AT APPROXIMATELY 700 BRICKELL AVENUE, 710 BRICKELL AVENUE AND 799 BRICKELL PLAZA, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14107 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day" and Item Number PZ.8. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 126 Printed on 07/02/2024 City Commission Meeting Minutes September 22, 2022 FL - FUTURE LEGISLATION FL.1 12489 Department of Building ADJOURNMENT ORDINANCE AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 / ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "BUILDINGS," "IN GENERAL," PROVIDING FOR AN ADJUSTMENT OF TEMPORARY OCCUPANCY EXTENSION FEES; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION The meeting adjourned at 4: 09 p.m. City of Miami Page 127 Printed on 07/02/2024