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HomeMy WebLinkAboutCC 2022-11-17 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, November 17, 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 November 17, 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 17th day of November 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 9:46 a.m., recessed at 11:39 a.m., reconvened at 3:26 p.m., and adjourned at 4:37p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 11:08 a.m. Note for the Record: Vice Chair Carollo participated in the meeting via Zoom telephone conferencing. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Today, November 17th, 2022. We are going to begin the meeting. Mr. Manager. We are going to begin the meeting this morning with a prayer from Commissioner Reverend Dunn. Thank you for joining us. It's good to see you. Reverend Dunn: Likewise. Thank you, Madam Chair, and thank you, residents of the City of Miami. God bless you. 1 need to put this out. Many may be wondering why the purple jacket? Because today is our founder's day. I see some other fraternities represented for the Omega Psi Phi Fraternity, and it's our founder's day, and I wanted to represent the Omegas. We're better known as the Qs. It's a professional fraternity organization all over this world. Shall we pray? Thank you, Madam Chair. Invocation delivered. Chair King: Thank you. Commissioner Reyes, would you lead us in the pledge of allegiance? Pledge of allegiance delivered. City of Miami Page 1 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 ORDER OF THE DAY Chair King: At this time I believe, Madam City Attorney, you have a statement to read into the record. Victoria Mendez (City Attorney): Yes. Thank you, Madam Chair. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists, before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City 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 the hearing, any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda items will be entered into the record at the City Commission's discretion in accordance with Section 2-33(f) and (g) of the City Code. The agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day, at www.miamigov.com. Any person -- 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. 9:50 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public 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 that the elected officials may consider the comments. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. 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 aides, and services for this meeting may notify the City Clerk. The City has provided public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting, in compliance with Section 286.0114 (4)(c) Florida Statutes. The public has been given the opportunity to comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall be heard 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 applicant's representatives, and any experts testifying on behalf of the applicant, appellant, or appellee, may 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 per form 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 by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning City of Miami Page 2 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ordinance. The order of presentation shall he as set 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 with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and other noise making devices. Virtual attendants, pursuant to advisory legal opinion AGO 2020-03, issued on March 19th, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of a local government who is physically unable to attend the meeting because of medical treatment or due to medical reasons could participate and vote in meetings where a quorum of the other members was physically present. This City Commission finds that members of the City Commission may use communications media technology to participate in and vote on items during meetings when a quorum of the Miami City Commission is physically present and the remote presence of the City Commissioner is medically, necessary. 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 also has closed captioning. Thank you. Chair King: Thank you. Mr. City Clerk? Todd B. Hannon (City Clerk): Thank you, Chair. Procedures for individuals providing testimony be sworn in for planning and zoning items and any quasi judicial items on today s City Commission agenda will be as follows: Members of City staff or any other individuals who are 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 e-mail 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'll be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Commissioner Russell: Yes. Chair King: Yes. Mr. Hannon: Chair. may I administer the oath for the planning and zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning ladies and gentlemen. Good morning ladies and gentlemen. If you will be speaking on any of today's planning and zoning items, speaking on any of todav's planning and zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. City of Miami Page 3 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Thank you. At this time, Mr. City Manager, do you have any items that are to he deferred or withdrawn? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: RE.1, to be deferred to the December 8th meeting; RE.7, to be deferred to the December 8th meeting; SR.4, to be deferred to the December 8th meeting; FR.1, to be deferred to the December 8th meeting; PZ.2, to be deferred to the December 8th meeting; PZ.8, to be withdrawn; BC.24, to he deferred to the January 12th meeting; and BC.25, to he indefinitely deferred. Commissioner Reyes: City Attorney -- City Manager, PZ.2 would be deferred to where? Mr. Noriega: December 8th. Commissioner Reyes: December 8th? Mr. Noriega: Yes, sir. Commissioner Reyes: Okay. All right. Chair King: Commissioner Russell, do you have any items? Commissioner Russell: Yes, thank you. I'd like to defer PZ.1 to the December meeting, December 8th. I'd also like to be noted as a co-sponsor on PZ.16 and 17, please. Chair King: Would that be it? Commissioner Russell, is that it? Commissioner Russell: I'm sorry. Yes, that's it. Thank you. Chair King: Commissioner Reyes, do you have any? Commissioner Reyes: Yes, Madam Chair. I would like to co-sponsor PH.10 and also I would like to defer FR.3 to, I would say December, December 8th. I have been -- I talked to one of the proponents -- I mean, one of the -- the ones that -- the people that are offering those signs, and we've had a conversation that was a misunderstanding on my part, with the first vote, and I want to clear it up and maybe clear -- I have a lot of questions that I have -- I need answers from them. So, I want to defer the FR.3. Chair King: Okay. For myself I'd like to defer PZ.4, 5, 6, and 7. Commissioner Reyes: And also, Madam Chair -- Chair King: Yes. Commissioner Reyes: -- I have a pocket item that the City Attorney has. Chair King: Okay. Commissioner Reyes: Okay. Mr. Noriega: To when, Madam Chair? Chair King: What's the latest I can put them out? Commissioner Russell: Indefinite. City of Miami Page 4 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Can 1 -- because I'm not sure if you can indefinitely defer PZ (Planning and Zoning) items. I can? So, I'll indefinitely defer PZ.4, 5, 6, and 7. Commissioner Russell: Madam Chair? Chair King: Yes? Commissioner Russell: Those items are related to PZ.3, the actual zoning text on medical marijuana, so if possible I'd like to at least have a discussion on it today because we're -- we continually defer that one but we're really not having a meeting of the minds on it. So, I noticed that the Administration did not defer PZ.3, so I'm happy to at least start a discussion on it. It'll probably end up getting deferred, but at least we'll know where the different commissioners are on it. Commissioner Reyes: Don 't -- Commissioner Russell: I know where you are. Commissioner Reyes: Don't worry about it. Commissioner Russell: You know where I am. Commissioner Reyes: You got your card already, man. Chair King: Okay, so we'll have PZ.3 as a discussion item. Todd B. Hannon (City Clerk): Chair, may I designate Commissioner Reyes's' Pocket Item as PH? Chair King: Okay. Mr. Noriega: So, to be clear, PZs.4 through 7 are going to remain on the agenda for now? Commissioner Russell: No. Chair King: No. Mr. Noriega: No? Commissioner Russell: Indefinite deferral, PZ.4 through 7. Mr. Noriega: Indefinitely deferred. Vice Chair Carollo: Chair, I don't know if I could be heard or not. Chair King: Yes, you can. Commissioner Reyes: Is that you, God? Vice Chair Carollo: I'd like to defer CA.8. I just need to be able to go and look at the area and see why we're giving property away. I always make a -- a habit of doing that and I haven't been able to do that this time. So, CA.8. Chair King: Okay, anything else? Mr. Hannon: And Chair, CA.8 will be deferred to December 12th? City of Miami Page 5 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: 8th. Mr. Hannon: December 8th. December 8th. Chair King: Would you like that to be --? Vice Chair Carollo: Yes, that would be fine, the next meeting. I'm sorry, can the Manager go over, again, the items that he was deferring? Chair King: Yes. Mr. Noriega: 1 can go over the full list. So, we have CA.8, which would be deferred to the December 8th meeting; RE. 1, which would be deferred to the December 8th meeting; RE.7, which would be deferred to the December 8th meeting; SR.4, which would be deferred to December 8th; FR.1, to be deferred to December 8th; FR.3, to be deferred to December 8th; PZ.1, to be deferred to December 8th; PZ.2, to be deferred to December 8th; PZ.4, 5, 6, and 7, to be indefinitely deferred; PZ.8, to be withdrawn; and BC.24, to be deferred to January 12th; and BC.25, to be indefinitely deferred. I think 1 got all of them. Commissioner Reyes: May I --? Vice Chair Carollo: Thank you. Madam Chair, I have one more that 1'd like to defer. This is something that started when 1 was mayor in the city and I'm in favor of it, but I need to look at the property to see how much boat storage is being done right now and since this will be a long-term lease that we're going to extend, I want to be sure of the parameters before we approve it. Commissioner Russell: Which item? Vice Chair Carollo: This will be PH.10. Commissioner Russell: I can 't -- I didn't hear which item it is. Chair King: PH 10. Commissioner Reyes: P1110. Chair King: He wants to defer PH 10. Vice Chair Carollo: PH.10. Commissioner Reyes: That's -- you're sponsor? Commissioner Russell: This is an item I'm sponsoring in my district, so I'm -- Commissioner Reyes: I'm co -sponsoring. Commissioner Russell: What was the reason again for the deferral request? Commissioner Reyes: I don't know. Vice Chair Carollo: Ken, I was always in favor of this, this is why I voted when I was mayor, but there's a tremendous amount of boat storage in the parking lot. There's also additional boat rentals and dockage that we need to look at and be clear of what we're going to approve because this will be a long-term lease. Mr. Noriega: So -- City of Miami Page 6 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Vice Chair Carollo: To be clear, I'm basically in favor of this. 1 think it's a good program for kids, but we need to be having clear parameters on the areas of boat storage and dockage of boats. Mr. Noriega: Commissioner, this is the Manager. For purposes of clarification, this is not a lease, this is a revocable license agreement. So, it's not a long-term commitment. Vice Chair Carollo: That's what I meant to say, but we're going to be entering this for an X amount of time with a revocable license. Mr. Noriega: Correct. Vice Chair Carollo: So, I want to be sure that -- what we do, and it be for one -- one meeting only. Mr. Noriega: But this just authorizes us to -- a bid waiver and to negotiate. Commissioner Reyes: That's right. Mr. Noriega: It would have -- it doesn't -- there's no agreement being reached at this point. This is just for the bid waiver, Commissioner. Vice Chair Carollo: Okay, just for the bid waiver. Mr. Noriega: Yes, sir. Commissioner Reyes: Yes. Vice Chair Carollo: Then I'll be fine with it then. Commissioner Reyes: Okay. Chair King: So, PH.10 -- Commissioner Reyes: Commissioner, you should rest. Chair King: Okay. Vice Chair Carollo: (UNINTELLIGIBLE). Commissioner Reyes: You should rest, you sound real bad. Take good care of yourself, man. Vice Chair Carollo: Well -- Commissioner Reyes: You should be resting. Vice Chair Carollo: -- I'll rest when we're done with the meeting, Commissioner, thank you. Commissioner Reyes: Yes. Chair King: Mr. Manager, I'd like to make sure that you have me as a sponsor for CA.4. Mr. Noriega: The Clerk has you duly noted. Chair King: Okay. CA.9. Yes? PH.3, RE.8 -- City of Miami Page 7 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Russell: As a co-sponsor? Chair King: Yes. Commissioner Russell: I'd like to co-sponsor RE.B as well, please. Commissioner Reyes: Me too. Chair King: PZ.10 and that would be it. Mr. Noriega: I have one additional item, Madam Chair, PZ.9 can be withdrawn. They came into compliance subsequent to the PZAB (Planning, Zoning, and Appeals Board) meeting. So, the appeal -- Chair King: So, withdrawn. Mr. Noriega: -- the appeal's being withdrawn so the item can be withdrawn as well. Chair King: Okay. PZ.9 is withdrawn. Commissioner Reyes: Okey dokey. Chair King: And at this time, I'm going to turn the mic over to Commissioner Russell -- Mr. Hannon: Chair, is there a motion? Commissioner Russell: So moved. Chair King: Do I have a motion? Commissioner Russell: I'll move it. Chair King: Second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries to set the agenda. Commissioner Reyes: Okay. [Later...] Victoria Mendez (City Attorney): And all the items -- Todd B. Hannon (City Clerk): Yes. Ms. Mendez: -- set for December 8th will now be on the -- Mr. Hannon: Now, Commissioners, we still have a couple of things we need to attend to. There's been a bunch of items that we deferred to December 18 -- December 8th, so if you can just bear with me for a second. Ms. Mendez: We're just confirming that all of those will also be reset to that January 12th. City of Miami Page 8 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: We already -- we already did that. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Everything goes to January meeting. Mr. Hannon: It would just be cleaner if we could just clarify. Commissioner Diaz de la Portilla: Make it cleaner then. Mr. Hannon: That RE.1, RE.7, SR.4, FR.1, PZ.2, PZ.1, FR.3, CA.8, PZ.17, there's a motion if we can reconsider -- Commissioner Diaz de la Portilla: I make the motion that all those that you mentioned, that you listed, will be sent -- Mr. Hannon: If we can just reconsider the vote that was done. Commissioner Diaz de la Portilla: So, I move to reconsider the vote. Mr. Hannon: And seconded? Chair King: Second. Mr. Hannon: Seconded by Commissioner Reyes. Vice Chair Carollo: Second. Mr. Hannon: Just -- we're reconsidering the items that were deferred to December 8th. I just want to make this as clean as possible. Commissioner Diaz de la Portilla: So, reconsider so we get it for January. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: So, reconsider. The Chairwoman seconded. Chair King: I second it because we need to have it to go over -- Vice Chair Carollo: I second. Mr. Hannon: Just to reconsider. Chair King: Yes. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Yes. It's reconsidered. Mr. Hannon: Okay, so -- Commissioner Diaz de la Portilla: Aye. Mr. Hannon: I see 3-0. Commissioner Diaz de la Portilla: Yes. City of Miami Page 9 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Hannon: Okay, so now I just -- the items that I just read, to defer those to January 12th, 2023. Commissioner Diaz de la Portilla: I move to defer those to January 12th, 2023. Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: All the items that we just reconsidered. Mr. Hannon: And then we can call the question on that. Vice Chair Carollo: Second. Chair King: Call the question. All in favor? The Commission (Collectively): Aye. Mr. Hannon: 3-0. PR - PRESENTATIONS AND PROCLAMATIONS PUBLIC COMMENTS FOR ALL ITEM(S) 13011 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE NOVEMBER 17, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, I'm going to open the public comment for items that are on the agenda. Please line up at each of the lecterns. Good morning, Mr. Range. Patrick Range II.: Good morning, Madam Chair, members of the Commission, Mr. Mayor, Mr. Manager. Patrick Range, 5727 Northwest 17th Avenue. I was here this morning to speak on two items that have been deferred, FR.3 and BC.25. I'm very happy that the BC.25 item was deferred. I think that opens a pathway for hopefully some additional discussion regarding the Virginia Key Beach Park Trust and the appointments that are to be made to it. We have a number of supporters that are here with us today in anticipation of what will be corning, and the thought is is that we are still here, you know, and we still want to have input. We want to work with you to do that. We've taken painstaking efforts to combat the things that have been put out there about us that have been negative. Whether it be financial malfeasance, whether it be us not being active, or there being a period of inactivity that the Trust was experiencing. I think we have done our best to put all of those things to bed. And so we are back before you simply saying that we are here and we are here to work and we feel that the energy that has at times seemed to be adversarial, if that is directed in one -- in one vein that, man, how successful could we be with getting this done. And so that's the vein in which I'm here today is to say that we're here to work and we feel that our voice is valuable to this process and now that we have put to bed all the negativities that were put out there about us, we still stand here and we say that we're City of Miami Page 10 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 ready to work. You guys can't build this museum without us. The knowledge of the history and the community, that's what we bring to the table, and you need that. And so, we're here. We offer that to you. Let us know how that can take shape. I'm available and thank you. Chair King: Thank you. Good morning. Joseph Rodriguez: Good morning, Chairwoman, Commissioners, and City staff. My name is Joseph Rodriguez and I am an Allapattah resident. I'm currently a student in Miami Jackson Senior High and I'm here concerning CA.6, the transfer from Miami Bethany to Dulce Vida Apartments of the library lot. One main reason why I still want to be -- 1 want this library to still be a part of the project is because since 1 am currently a student at Miami Jackson, 1 spend a large amount of time there as well as my friends and family members. We're happy to see that the library is still included in the project. Our concern is that the community has not been kept up to date on the project process. While the library continues to be a well -used asset by Jackson High students and community members. So, we're asking the City of Miami for a meaningful community engagement process that results in a comprehensive community benefits agreement. One that is created by Allapattah residents in partnership with the developer and enforced by the City. To ensure this piece of public land is developed in the best way possible for the people most impacted. As part of the community benefit agreement, we're asking for a comprehensive community engagement process so that the public has a say in how public land is developed, that the developer is -- developer be required to create affordable housing based on the median income of Allapattah residents, or 70 percent of Miami -Dade County's area median income. Assurance that Dulce Vida will keep the library that is heavily used by seniors and Jackson High School students on site. A plan to include public parking for many small businesses in area that rely on the lot (UNINTELLIGIBLE) customers' use. And last but not least, a plan to mitigate the impact of construction on the neighborhood and the small businesses nearby. Public land is owned by all of us, and the public must be involved in shaping its future. The Public Land for Public Good Coalition has developed a set of principles for how to develop public land, that we are asking the City to use. Thank you for listening. Chair King: Thank you. Steven Leidner: Good morning, Steven Leidner, 1130 102nd Street, Bay Harbour Islands. A year ago, Ukraine invaded Russia -- excuse me, Russia invaded Ukraine, brutally. After the invasion, Russia conducted a referendum and decided that the voters were in favor of becoming part of Russia, and Russia annexed Ukraine. I see a distinct parallel between that action and this Commission's actions to overthrow, to -- to gut the Virginia Key Beach Trust, and I hope you will consider the community's concern and thank you for listening to me. Chair King: Thank you. If I may, there's no item on the agenda today to address the Virginia Key Beach Trust. If there's anyone else that's here to speak on behalf of the Virginia Key Trust, and Mr. Range said it when he spoke, and 1 allowed him to get that out, but there's no item here today to discuss the Virginia Key Beach Trust. So, if you'd like to speak on another item, you are welcome to. But the public comments are intended for items that are on this agenda. Continue. (COMMENTS MADE OFF THE RECORD) Chair King: When you come up, say that. I didn't hear. (COMMENTS MADE OFF THE RECORD) City of Miami Page 11 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Todd B. Hannon (City Clerk): I'm sorry, if any comments are going to be made, they need to be made on the record. So, is the next speaker --? Chair King: Brother Lyle, what I was saying was that I can't hear you. When you get to the mic, say it, because I can't hear what you're saying. Please, go ahead. Julio Diaz: Good morning, Chairwoman and Commissioners. My name is Julio Diaz and I'm the owner of the Sixth Borough Clothing in Allapattah. I am here because of the item, CA.6, the transfer from Miami Bethany to Dulce Vida Apartments at the library lot. As a business owner, I am concerned that businesses surrounding the land have not been kept up to date on the project process. We depend on the city parking lot because of the lack of street parking on 36th Street, and a few spaces on Northwest 17th Avenue. So, we're asking the City of Miami for a meaningful community engagement process that results in a comprehensive community benefits agreement. One that is created by Allapattah residents in partnership with the developer and enforced by the City to ensure the piece of public land is developed in the best way possible for the people most impacted. As part of the community benefit agreement, we are asking one, for comprehensive community engagement process so that the public has a say in how public land is developed: two, that a developer be required to create affordable housing based on the median income of Allapattah residents or 70 percent of Miami -Dade County's area median income; three, assurance that Dulce Vida will keep the library that is heavily used by seniors and Jackson High students on site. A plan to include public parking for the many small businesses in the area that rely on the lot for their customers' use; and five, a plan to mitigate the impact of constructions on the neighborhood and the small businesses nearby. Our biggest fear is that this project could potentially cost many of us to have -- to have our doors closed. After surviving the pandemic, this could devastate our businesses. Chair King: Thank you. Good morning. Candice O'Brian: Good morning, my name is Candice O'Brian. I live at 1040 Biscayne Boulevard. I'm here to speak to the deferment of FR.3 regarding outdoor advertising in various parks. I'm disappointed that it was deferred because I'm pretty busy, like a lot of people here are and came to speak, but I'm absolutely disgusted with this. We've already had to deal with Carollo's tacky one million dollar dog and cat project -- Chair King: Madam. Ms. O'Brian: -- in Ferre Park (INAUDIBLE). Chair King: Madam. Ms. O'Brian: (INAUDIBLE). Chair King: Brother Lyle. Lyle Muhammad: Yes, first, before I begin, can I get a point of clarification -- Chair King: Yes. Mr. Muhammad: -- (UNINTELLIGIBLE) rule? Chair King: The Virginia Key Items, BC.24 and 25 have been deferred. So, they're not on the agenda. Items that are not on the agenda, as the lady came with FR.3, that has been deferred. So, those items are not here. They're not before the Commission today, so we're not hearing public comments on them. City of Miami Page 12 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Muhammad: The last time I was here and an item was deferred indefinitely that we came to speak on, it was also stated that we had an opportunity to speak on it. However, we wouldn't be able to speak on it if it came up again. Secondly, if you allowed one citizen that right, why are others not allowed that same right to speak on that? Chair King: Because I -- one is my discretion. Two, I thought Mr. Range explained so that the rest of you would have heard what he said, that the items were deferred, so I let him say it so 1 wouldn't have to say it, and secondly, you are correct, you could speak on the item today -- Mr. Muhammad: (UNINTELLIGIBLE). Chair King: -- but then you won't be able to speak -- no, no, no, let me finish. Mr. Muhammad: Yes. Chair King: But then you won't be able to speak on the item when it comes back, and I want you to be able to speak on the item when I bring it back, when I have the appointments. I don't want you to not be able to be heard. So, I am not allowing you to speak on BC.24 and 25 today. 1 will -- Mr. Muhammad: I misunderstood something, ma'am. Chair King: -- have it bring [sic] back. Mr. Muhammad: Did you just say that if I had an opportunity, that I had a choice to, but then you said you weren't allowing me to? I'm confused, now. Chair King: I -- it is my discretion to allow it. Mr. Muhammad: So, what I have to say is pertinent now. I don't need to speak on it later. May I? Chair King: No. No. When the item is on the agenda, you may speak on it. Mr. Muhammad: So, may I ask for clarification, legally, now? Chair King: Oh, you may. Go right ahead. Mr. Muhammad: Can you give us a legal explanation; if an item is deferred the day of a meeting, public cannot be allowed to speak on it, or public can speak on it and not be allowed when it comes back? Can we get a legal clarification? Victoria Mendez (City Attorney): So, based on Florida Statutes, you 're allowed to speak when an item is on the agenda or in close proximity to that time, the Chair has the right to run an orderly meeting, and if she likes, she can also assign one person to represent everyone here. So, that is another option, that she could say everyone stand up, who's here on that item, have one representative speak, and Mr. Range did that -- Mr. Muhammad: Since that wasn't done -- Ms. Mendez: -- earlier. Well -- Mr. Muhammad: What you just described wasn't done, can you go back to the timing and the proximity as to when an item is deferred. City of Miami Page 13 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ms. Mendez: So, the next -- the next time this item is on, then you have the opportunity to speak because -- Mr. Muhammad: So, you talked about -- Ms. Mendez: -- the Chair is -- Mr. Muhammad: -- in your explanation, you mention that when an item is on the agenda -- Chair King: Brother Lyle. I'm going to have the City Attorney speak to you on the side so we can take up the other folks that are -- I'm going to ask that you speak to the City Attorney on the side so that people who are here on other items can speak on their items until you get clarity. Gene Tinnie: Good morning. Chair King: Mr. Tinnie. Mr. Tinnie: Good morning, Madam Chairwoman, Commissioners. Like many here, I came here to speak about Virginia Key Beach, but it's been deferred and Mr. Range, 1 think, expressed much of what I would have to say -- got to put this at normal height. The -- however, 1 do want to speak in support of --1 believe it's Item PH.5, for Shake - A -Leg. Let me be one of many voices to express very enthusiastic support for full, full recognition of their request. To the point, though, 1 think out of respect to the folks that did show up here anticipating the opportunity to speak on Virginia Key Beach, there should be some way of at least recognizing how many people are here so that their trip, leaving their homes and coming here is not totally wasted. I hope that can happen in some way, you could ask everybody to stand, but most of the people are probably standing already, and I think the last thing I want to say, and this is not just in relation to Virginia Key Beach, but to just as a matter of procedure, I think -- on that particular issue, but on so many more, it's worth pointing out that, you know, we come from a tradition of wisdom thousands of years old, about hate the deed, not the doer. When we attack positions and, you know, decisions that are made, please, I hope, you know, as Commissioners and as people -- as citizens, we're not taking these things personally. I mean, attacking a policy or a decision that's -- we're not satisfied with is not the same as attacking you as persons. So, I just wanted to get that in. Thank you very much. Chair King: Thank you, Mr. Tinnie, and what I'm trying to do is facilitate the conversation for the Virginia Key Beach, but it doesn't do any good to facilitate a conversation when the item isn't on and I haven't proffered the appointments. So, I want everyone to be able to speak. That is not what I'm saying. I don't not want you to speak but this is not the right time. I want to give you the input when there's input to be had. That's all I'm saying. I'm not trying to silence you. I want to hear you. I just want to hear you at the appropriate time, and this is not it because the item is not before you. Mr. Tinnie: That -- no, no, I think that's understood and fully appreciated, and we appreciate that, and we just ask that it also be appreciated that people -- Chair King: I do appreciate -- Mr. Tinnie: -- and people come on -- Chair King: I do appreciate that everyone has come. City of Miami Page 14 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Tinnie: -- on December 8th and it gets deferred again, or for some reason -- Chair King: No, it won 't. I have every intention -- Mr. Tinnie: Okay, thank you. Chair King: -- to make the appointments as expeditiously as possible. Thank you. Thank you. (COMMENTS MADE OFF THE RECORD) Keshia Guyton: Hi, I'm Keshia Guyton and I stay 175th Northwest 42nd Avenue. I -- Mr. Hannon: Ma'am, I'm sorry, we're having a hard time hearing you, maybe get closer to the microphone. Ms. Guyton: My name is Keshia Guyton and I live at 17431 Northwest 42nd Avenue. I did come to speak on that -- on that deferment -- on behalf, but I'm just going to say one little thing and then I'm going to walk away. I felt very disrespected as a community. I feel like, you know, I watch this elderly man come here for a park and y'all was very, very proud to give him that honor. And for you all to do that to us, it's disregard, and 1 see so many museums of people that comes to America that haven't had the struggles that we had and y'all allowed him to have it and y'all don't treat us that same way. And 1 just want to say it's disrespectful for us, for our ancestors, y'all preserve the right for everybody else's ancestors but ours, and that's all I've got to say. Applause. (COMMENTS MADE OFF THE RECORD) Janie Jackson: Good morning. My name is Janie Jackson, I'm from Liberty City, 1161 Northwest 50th Street. Now, Ms. King, I want to address this to you, personally. Everybody sitting on the board, you should understand where we coming from. When you was running for election, I stood hours in that line to make sure you got in here. You promised us you would never leave us or forsake us. You would be there for the community. Now, if you knew you didn't want us here to speak about that matter, then you shouldn't have ever made us sign all this paperwork. You should've been straight up forward about it and let us know. Why did you took [sic] that off without us even knowing? It's not fair. We need to be treated fair. We need to have a voice and people need to respect us like we respect everybody else to the upmost, and it's not right, Ms. King. Chair King: Let me -- okay, may I address -- may, I? There was a meeting last night that I did not attend and everyone was told to come to this meeting. Those agenda items, they had nothing on it. There's no appointment to it. I stand -- I stand with the community. I am trying to find a path forward with the community, and there are many people that stand with me. I will have a meeting to explain all of this. I will appoint people that are solid, to this trust. Patrick Range just got up and said he'd still like to be heard. I met with Patrick Range when all of this stuff started happening. My commissioners, not me, has changed the makeup of this trust and I am trying to find a way to unite our community and move this agenda forward. It is not on the agenda. This is not something that I do not say to any other community. That is how I run this meeting. It is not disrespectful. I am not trying to be disrespectful to anyone. Moreso, I am with you whether you realize it, and the few of you who don't realize it, I am with you. If I didn't take the Chair for the Virginia Key Beach Trust, one of my City of Miami Page 15 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 colleagues would have been the Chair. Then what would you have said? 1 did the hest that I could under the circumstances, and 1 continue to do the best under the circumstances. 1 didn't hear anybody say, today, restore the Trust. But 1 would ask you, how will I restore the Trust when we don't have three votes to restore the Trust? Ms. Jackson: Mr. Russell could help you do that. Commissioner Reyes: Madam Chair, may I -- may I say --? Chair King: 1 don't want to have this conversation anymore because this isn't the place to do it. 1 will be having a community meeting so 1 can address all of your concerns. I wanted to go to the meeting last night but one, I wasn't invited, and two,1 spoke to community leaders, Dr. Enid Pinkney, my pastor, and others said, "Commissioner, please don't go to the meeting. That is not the appropriate forum." So, I listened to my elders and the stakeholders in our community, but I promise you that I will have a meeting where all of you can be heard because my only agenda is to move the mission of the Trust forward, to get that museum built, and to unite our community, and that is it. Ms. Jackson: Okay. Chair King: And that is it. But those who want to bully me, it's not going to work. Ms. Jackson: We love you. We don't want to bully you. Chair King: Thank you. Thank you. Ms. Jackson: Chairwoman, no, thank you. Commissioner Reyes: Madam Chair? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Madam Chair? Chair King: Please. Commissioner Reyes: May I say something? In all fairness, there's a lot of I would say, misinformation going around and I -- I cannot stand here and take it like that. I -- this has come to me. I mean, I just received this. It's full of lies. I can assure you that while I'm sitting here, none of us wants to build a hotel in Virginia Key. None of us wants to develop Virginia Key. And Virginia Key is going to remain, and I promise you that, the Black beach, and Virginia Key is going to honor -- honor your ancestors and the people that have suffered and people that made Miami, you see, and you're going to have your museum. That's what we want, but, you see, spreading lies and attacks won 't do any good. The only thing that it's going to stir, emotions, and -- and bring people -- get people angry, and rightfully so, because if you believe that it's going to -- Virginia Key is going to go away and we're going to have apartments and hotels and all that, none of that is going to happen. I assure you that, and I'm going to fight for that just like your Chair is going to fight against that, okay? So, listen, don't doubt that. We're going to be working together and we're going to be working for the best, and have all your dreams that have been built around the development of Virginia Key, but the community that own Virginia Key is going to be fulfilled, and that's what we're going to be working towards that goal, okay? Unidentified Speaker: Thank you. City of Miami Page 16 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Okay. Take care of yourself and God bless you. Ms. Mendez: Madam Chair. I'm sorry, 1 have to just say something on the record because I wasn 't able to finish it before. Pursuant to Florida Statute, if something's reset they can come back and speak at the next regularly scheduled agenda when the item is on. We also have a process in our Code that allows for them to speak to the Manager. If that isn't addressed, then they can come before the City Commission when it's set. So, I know that the gentleman is waiting for me to give him those code sections, and we will give him that, and he will be able to come and speak at the -- the next time this item is on the agenda. Mr. Muhammad: So, everybody else has spoken on it and can -- I can't? That's what I'm hearing from you? Chair King: I'm going to make the -- I'm going to make the announcement that if there's anyone else here who would like to speak on the Virginia Key Trust issue, it is not on the agenda, please step away from the lectern, come back, as the City Attorney said, when it is back on the agenda. Thank you. Mr. Muhammad: (INAUDIBLE). May I? A yes or no would do. Chair King: Come on, Brother Lyle. So, 1'rn going to allow Brother Lyle to say something because he was up, but that will be the last person that will be speaking -- Unidentified Speaker: 1 want to speak. Chair King: -- on the agenda for -- you want to speak? (COMMENTS MADE OFF THE RECORD) Chair King: He is going to be the last person that allow to speak on the item. Mr. 1Vluhammad: Just three things. First of all, for the record, my name is Lyle Muhammad. I serve as the as Executive Director of the Circle of Brotherhood, 5120 24th Avenue, Miami, Florida, 33142. Just in terms of integrity, if we don't want innuendos flowing in the community, or you don't want undue pressure, let us know exactly whose idea this was. Someone proffered the idea and so if we know exactly whose idea it was, there won't be misplaced energy and frustration. Trust me, we know how to place it, but ifpeople are trying to hide behind oligarchies, ifpeople are trying to act like there's not a trend of things that are taking place, that's not going to give us transparency and clarity. So, let us know exactly who 's the original person who decided to disband the Trust. Let us know that. One of you be brave enough, since it came before you to proffer that. Chair King: Mister -- Mr. Muhammad: Lastly, for those, this is a warning for only those who are immoral, corrupt, and ill -motivated. There's a thread that's being pulled, and people are trying to divide and conquer. People are trying to make it look like the Cubans are trying to take over the beach. People are trying to make it look like that we may, have some people in office that don't know how to stand up for what needs to be stood up for. But then it also looks like -- that there's a thread being pulled and you may not recognize the people you're waking up. Don't mislead the people and don't hide behind lies. The thread says what it says and if you say that you're for the community, then your voting record needs to prove it. Thank you. City of Miami Page 17 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Mr. City Clerk, can you advise who put forth the legislation to revise the Trust? Can you look back at and -- Mr. Hannon: Just to see who the sponsor was, or -- Chair King: Yeah, who put forth the legislation to put -- Mr. Hannon: Understood. Chair King: -- each of us, make me Chair, two appointments. Mr. Hannon: Can you give me just two minutes? Chair King: Okay. And it's -- I believe you were next. Stanley Young: My name is Stanley Young. I was kind of new to Miami and seeing things as run entirely different here. I live at 500 Northwest 2nd Avenue. I want to talk about the entire process of how y'all actually running this city. How you're going into people's communities -- Chair King: Sir, what item are you speaking on? Mr. Young: I'm speaking of the process, of the entire -- Chair King: The process is not on the agenda; can you identify an agenda item that you would like to speak on? Mr. Young: So, you took so many off the agenda, it's hard to find out exactly what's on the agenda. Chair King: I'm going to allow her to speak while you look. Mr. Young: All right, thank you. Chair King: Go ahead. Ilaria Raniero: Good morning, Commissioners, thank you so much for your time. My name is Ilaria Raniero. I live on Biscayne Boulevard. I want to talk about your deferral of Item FR.3. I know it was deferred. Chair King: FR.3 has been deferred -- Ms. Raniero: I just want a few seconds -- Chair King: No. Ms. Raniero: --I took off time off work. Chair King: It's been -- no. (COMMENTS MADE OFF THE RECORD) Chair King: Ma'am, it's been deferred. I know you just heard me go through this whole protocol that if the item is deferred, we are not hearing it today. You are welcome to come back -- Ms. Raniero: I'm talking to the deferral of the item. City of Miami Page 18 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: It's been deferred. It's not -- Ms. Raniero: (UNINTELLIGIBLE) took time off work (INAUDIBLE). Chair King: Good morning. Mark Bailey: I have an item that's on the agenda. My name is Mark Bailey, Miami River Marine Group. This is regarding PZ.14 and PZ.15. Today, I'm joining with the Miami River Commission's unanimous recommendation to deny the applications and oppose the related ordinances to rezone and change the future land use of properties at 1960/1970 Northwest 27th Avenue. Guided by a longstanding -- by the longstanding Miami River Corridor Urban Infill Plan, which outlines the functional use of the lower -river, middle -river, and upper -river, and alongside Miami Comprehensive Plan, the proposed ordinances to both amend the future land use map of the comprehensive plan and rezone these particular properties to allow for over 300 residential units at this industrial area is incompatible with the area surroundings and inconsistent with the policies, goals, and objectives of the City's comprehensive plan, which was underscored and ratified in District Court of Appeals Case Law, and final settlement agreement with the City of Miami. Miami Comprehensive Plan includes dozens of policies surrounding the goals and objectives supporting the working river element of the river. Policy 314, the City shall encourage the establishment and maintenance of working waterfront uses along the banks of the Miami River and to discourage encroachment by incompatible uses. The City shall encourage only those developments, rezoning, and land use amendments in the vicinity of the working waterfront lands designated industrial on the adopted future land use map that are compatible and suitable with the existing industrial use of the property. While the Miami River Marine Group supports efforts to remediate the brownfield environmental conditions at this site, and we recognize the week -- and we recognize the need for workforce housing -- Chair King: Thank you. Mr. Bailey: -- allowing for 300 residential parks -- Chair King: Thank you. Mr. Bailey: -- residential units -- Chair King: Thank you. Good morning. Harry Horgan: Good morning, Chairwoman and Commissioners. Okay. Hi, my name is Harry Horgan, I'm the president and co-founder of Shake -A -Leg Miami, and I live at 7901 Southwest 50th Court, 33143. Thank you for hearing our item today. It's been an honor for us to work with the City over the past 30 years to provide access to Biscayne Bay, for the whole community, with emphasis on kids and people with disabilities and veterans. And it's because of our partnership, we provide access to those who don't have access. We believe there's healing qualities in the water and we look forward to working with you all to ensure that we can continue this for many more years to come. So, thank you for considering us and we look forward to working with you. Chair King: Thank you. Good morning. Orin Black: Good morning. I'm speaking about PZ.14 and 15. Good morning. My, name is Orin Black. I'm the owner of the 5th Street Marina, with offices at 3401 Northwest South River Drive. I ask that you deny the upzoning request for 1960 City of Miami Page 19 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Northwest 27th Avenue. Essentially, the Rollins Inc. and Matt Goldstein are asking you to reward them for polluting the property and the Miami River by approving a double upzoning. What message does this send to polluters? The property is west of 27th Avenue, in a heavy marine industrial area, adjacent to Antillean Marine, seacoast shipping, river terminal services, and federal metals. Many would like to see something happen with this property that has been vacant for many years. Any industrial or commercial project at this location would be supported. The team, however, has only an apartment building in mind. One next to shipping terminals that operate day and night on a property polluted by Orkin's operations under an FDEP (Florida Department of Environmental Protection) consent decree for the ban to (UNINTELLIGIBLE) and chlorine. This is not the first time the Goldstein's and Rollins have come to the City with an upzoning request for this property. In 2004, they came with a promise of an environmental clean up if they could get the rezoning for the Aqua Clara (UNINTELLIGIBLE) multi family development. The City granted it to them, and then they did nothing. Goldstein walked away from the deal and left the property in limbo. The City later reverted the zoning. It didn't make sense then; it doesn't make sense now. It subsequently was placed into a list of properties that make up Miami's working waterfront, clearly delineated and incorporated into the comprehensive plan. So, I ask that you deny this upzoning, don't send the wrong message to polluters. Any giant residential project west of 27th Avenue is completely out of context with the River Commission's Urban Infill Plan. This is a designated working waterfront site. Thank you. Karis Starke: Excuse me. How you guys doing today? My name is Karis Starke and I'm the program manager at Shake -a -Leg Miami. First, thing, thank you guys for working with us, and partnering with us, and giving us the opportunity to serve, which we take pride in. Shake -a -Leg Miami is a non-profit organization that works with children and adults. We believe that there's magic out there in Biscayne Bay and we like to provide that access. We provide that access with adaptive equipment. Kayaks, paddleboards, boats. Anything you can envision on the water, we're doing it in an adaptive setting. But not only that, we're doing it with inclusion. So, thank you guys. Thank you guys for giving us this opportunity. I'm Karis Starke, 3940 Charles Terrace, Coconut Grove. Thank you. Teresa Kordos: Good morning. My name is -- Chair King: Good morning. Ms. Kordos: -- Teresa Kordos, at 1950 Northwest 25th Avenue. I would -- in referencing to P.I4 [sic] 1960 and 1970 Northwest 27 Avenue, the zoning change for light industrial to restricted commercial, I would say no to that, definitely, because the parking area and it doesn't make sense. The area is very busy. There is -- the building would not have the waterfront property that gentleman, the developer, was talking about. I don't know how that's possible, and what does that do to the residents that are currently living in the area, as far as Texas, and as it is, the restaurants in the area are parking and blocking the driveways of the residents in the area. It really doesn't make any sense, and I want to thank you for the board for considering this request. Thank you. Chair King: Good morning. Good morning. Barth Green: Good morning, my name is Barth Green, 620 Sabal Palm Road, Miami, Florida, 33137. I'm here today as co-founder of Shake -a -Leg in 1990. A moment that transformed my career and life, and I just want to emphasize that this is a world -class facility and resource that welcomes and serves thousands of children and adults with physical, developmental, and financial challenges every year, evens the playing field, and is a precious partner to the City of Miami and I encourage us to support the City of Miami Page 20 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 continuing relationship. And 1'd like to stop short, introduce my friend and colleague from the Overtown Youth Center, Alonzo Mourning. Let's see if technology works. 1 press a button but 1 don't hear him. Ms. Mendez: Is IT (Information Technology) available? Mr. Green: Here comes IT to the rescue. (COMMENTS MADE OFF THE RECORD) (Audiovisual presentation made.) Chair King: Thank you. Sir? Nicholas Zamarano: Hi, my name is Nicholas Zamarano. I live at 5840 Southwest 82nd Street, in South Miami. I'm here to discuss PH10, Shake -a -Leg Miami. Chairwoman, Commissioner Ken Russell, and the rest of the Commissioners, we thank you for your hard work. As I was sitting there, I was amazed how a lot of subjects got mixed up, but hopefully they'll be resolved. I want to thank all of you for supporting Shake -a -Leg Miami, who's been a non-profit for a long time, and around for a long time. And hopefully we can bring more and more people to come and support us and go out in the water and enjoy a day out in the bay. Today is Give Miami Day, and if Harry Horgan doesn't mind me saying it here today, right now, we have raised $59,083 in Give Miami Day for Shake -a -Leg Miami. So, I'm very happy not only to the donors but to the community of Miami for being there for Shake -a -Leg and for people who love Shake -a -Leg Miami. And again, thank you all and Ken Russell, thank you for being there for Shake -a -Leg Miami for all these years. And Chairwoman, thank you for all your hard work because I know you 're going to make this community better and we all have to come together and be one community, because that's all we can do. Thank you. Chair King: Thank you. Good morning. Zeke Rodriguez: Good morning. Good morning, Chairwoman. My name is Zeke Rodriguez. I live at 7810 Beach View Drive, Florida, 33141. I'm here on behalf of Shake -a -Leg Miami, not just as a recent board member but as a proud parent of a quadriplegic, non-verbal child. I've been in Miami about 30 years; 21 years ago my first born, I call him my miracle baby, he was born at South Miami Hospital weighing in at 1 pound 12 ounces. As a parent of a disabled -- permanently disabled and primary caregiver, I can assure you that the services Shake -a -Leg are -- well, words would escape you. I would first encourage you to come down and see for yourself, if you haven't, the radiate -- the radiant smiles of these children as they get out on the water. As a parent, we struggle mainly to just find activities for our disabled kids and I discovered Shake -a -Leg a while back, really by accident. I met Harry who recently having joined the board. And I just want to say thank you. Not just for the -- we don't -- we service -- not just the disabled community, but obviously, we serve the veterans, disabled veterans. And as you saw in Alonzo's video, it take some work to get that done, by the way. We proudly have a summer program that's really a flagship program for inner-city kids. We bus in hundreds and hundreds of kids during the summer at the facility and it's really a sight to see. My child participates, so it's kind of an all-inclusive summer camp. I can only just tell you that it's really -- it's a jewel in Miami and you really should see it, and thank you for your support. Chair King: Thank you. Good morning. Shannon Shipak: Hi, good morning. My name is Shannon and this is my first meeting participating so I only have two things that I would like to say. The first is in regards City of Miami Page 21 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 to FR.6, the Anti -Poverty Initiative. Again, it's my first time, so I'm not sure of the order of things, but could 1 have more information about what that is? Chair King: The Anti -Poverty Initiative grew a couple of years ago. It's a pilot -- was a pilot program where each Commissioner would have monies to address poverty in their district. This item is going to codify the pilot program and make it a program that is ongoing. So, it's no longer a pilot program. Now it's legislation. Ms. Shipak: Okay, do you have -- have you assigned a dollar amount for District 5 yet? Or it's just a new -- Chair King: No, no, no, no, it varies and it's based on the CDBG (Community Development Block Grant) Guidelines for Poverty. So, each commission -- each commission district gets that money based on the poverty guidelines of their district. So, what was District 5 last year, maybe S800, 000? And it's going to increase when the Miami Freedom Park Project begins to start paying into the County and then the Anti -Poverty pocket of money will increase for each district as well. Ms. Shipak: Okay, in -- Ms. Mendez.: They're trying to get the number. Ms. Shipak: -- is there a schedule for the Miami Freedom Park Project? Chair King: Not yet. Ms. Shipak: Not yet? Chair King: Not yet. They haven't broken ground as of yet. Ms. Shipak: Okay. And is this something that the citizens, like of District 5, have access to by application or is it like you build certain programs? Chair King: Both. Ms. Shipak: Both? Okay. Application and programs. Okay, and then -- I'm sorry, programs, and then I would just like to go over two items in the beginning. CA.1, in accordance with the Preservation Board's approval of the State Historic Park District to the National Register of Historic Places that's associated with events that has made a significant contribution to the broad patterns of our history in the area of community planning and development, and also CA.2, recommending to the Historic and Environmental Preservation Board its approval of the State Historical -- Historic Places as the Flori-Coral Apartments', which embodies the distinctive characteristics of a type, period, or method of construction. I would just say please honoring and preserving all national landmarks for all of Miami's history, including historical Black beaches. Thank you. All power to the people. Thank you. Chair King: Thank you. Thank you. Good morning. Cristian Bedoga: Good morning. Good morning, Commissioners, my, name is Cristian Bedoga, I'm here for Item PH 10. I'm the chairman of Shake -a -Leg Miami and board member for the past 14 years. This organization is still doing the job that we start doing 30 years ago, helping the disabled and peoples with disabilities, children, veterans, and we have done this constantly, through the years with the help of you, Commissioners, and we're hoping to keep doing it for another 25 years, with your support. Thank you. City of Miami Page 22 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Thank you. Good morning. Luimar Zibetti Garza: Good morning, Luimar Zibetti Garza, homeless at Peacock Park. I'm referencing SR.3, and it says to provide for reasonable limitations on continuances and deferrals of items by City of Miami boards, and I would ask that you all add, also City Commissioners, because tit for tat, goose and gander, and all that. So, please consider SR.3 as applying to you also, not just to the City boards. You should take the responsibility of not continuously deferring items such as the debacle that occurred this morning. And you said he was going to provide for you the information. I'm hoping that before we leave, who it is that said they didn't want to have the Virginia Key Trust continuing in that aspect. Secondly, under RE.9, for the resolution, 1 would like to know what the quality of life violations means to you, Commissioner, because we have been raided at a City park -- at Peacock Park, and they've been sending like seven or eight cars, right before shift change, to rouse up all the homeless people, and then complain when some of the people are screaming at them, saying you're disturbing the peace. And so I would like to know what you mean by quality of life violations and does that mean, over here, on to item on Page 38, with your ordinance, FR.4, when you are saying you're going to raise the fine for allowing dogs off their leash to $500. If that applies to parks, and under the banner of "See something. Say something." I'm telling you that at 5:00, 6:00 in the morning, there are many people that have their dogs loose in the park. So, instead of sending seven cars to rouse homeless people and tell them to get out of the park, why don't you send them to apply the fines of $500 to the people who are letting their big dogs loose. And under that umbrella, I'm hoping that under Page 26, for RE.9, that you 're going to have a joint -enforcement zone. So, like I said, if instead of seven cars, is it fourteen cars that -- Chair King: Thank you. Ms. Garza: -- you're going to be sending. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Commissioners, Chairwoman, how are you today? James Torres, president of the DNA (Downtown Neighbors Alliance). We'd like to speak on FR.4, which is the increasing of the park ordinances of the leashes to $500. We fully support that. As we know, the population is growing and there's a lot of education that we've been doing on the DNA and sharing with the community. So, it's kind of say something, do something about it. So, we're fully supportive of that. The other item that we'd like to speak to is RE.14. I spoke to our City Attorney about that briefly this morning where the City wants to sue the County as it relates to the density, Vicky, if I'm not mistaken, right? So, the DNA fully supports that because we've been reaching out to the County to have this conversation. So, what the DNA has shared with Vicky is that we are having a meeting with the County on the 21 st of November to kind of get additional information and clarity on this because this does affect District 2 and the cosmetics of downtown itself. So, we'd like clarity, but in the meantime if you guys are going to move forward, we're fully supporting and engage in that lawsuit or whatever needs to be done. Thank you very much. Chair King: Good morning. Brett Bibeau: Good morning, honorable City Commission and Administration. Brett Bibeau, managing director of the Miami River Commission with offices located at 1407 Northwest 7th Street. I'm here to distribute and read into our record -- into the record, a letter from Miami River Commission chairman, Horacio Stuart Aguirre, on agenda items PZ.14 and 15, regarding the property located at 1960 through 1970 Northwest 27th Avenue. During the Miami River Commission's October 3rd, 2022, City of Miami Page 23 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 public meeting Ines Marrero Priegues, Holland & Knight, distributed and presented a letter of intent for a land -use amendment from Port Miami River Category B "light industrial" to "restricted commercial" and a zoning amendment from D1, which currently allows 72 work/live residential units on this site, with 8 stories, to become T6-12, which would allow 300 units and 12 stories at this location. The Miami River Commission adopted a resolution recommending the vacant site be developed within the parameters of the existing land use and zoning in place. The existing parameters supported by the Miami River Commission for this site allows a mixture of uses, including 72 work/live residential units, and maritime uses. While acknowledging the needed cleanup of the contaminated brownfreld site. 1 appreciate your time and support for the Miami River District. Chair King: Thank you. Good morning. Alfredo Gonzalez: I think I'm last. My name is Alfredo Gonzalez. I'm an attorney with the law firm of Gunster, with offices at 600 Brickell Avenue. It's my pleasure to be here representing ABH Developer Group in regards to PZ (Planning and Zoning) Item 12. This is an amendment to Section 5.1 Appendix P, of Miami 21. It is recommended by your Planning Department, it is recommended by the PZAB (Planning, Zoning and Appeals Board), and we have worked extensively with the Wvnwood Community Enhancement Association, which is the association whose vision created this district. They have submitted an amendment that was adopted by your staff and we support that. This amendment is not about increased density. The density stays the same. If anything, it lowers it. It is about giving construction and architectural flexibilities to developers so that they're not stuck having to develop three separate parcels in order to increase the maximum density, but rather unify the parcels, and now they have to build only one roof one air conditioner, or that -- that - - curb cuts have reduced. It is just more economics that runs this and the economics will result in more competitive pricing in the homes. Thank you very much and I hope you support Chairwoman's -- King's ordinance, thank you. Chair King: Thank you. Good morning. Ron Nelson: Good morning, my name is Ron Nelson, 2535 Inagua Avenue, Miami. I'm here to speak on PK 10, Shake -a -Leg. I've heard a lot of talk about the wonderful things that Shake -a -Leg does for the disabled or the less fortunate. I'm here to talk about two things. One, the building itself which is a wonderful facility, the old hangar, my wife worked many years to get it historically designated and then we raised the funds to restore it. We didn't raise all the money but a good portion of it. And we've raised money over the years to keep it in the shape that it's in. It's a beautiful facility for the residents, all residents of Miami. The other thing I want to talk about is what it does for the fortunate people of the community. You know, many kids, children of my friends, volunteer there. And the parents tell me that it is the most incredible thing that their children have done. They come out of there with a whole different understanding of disabilities and less fortunate. And it's a life changing event for those volunteers that work there as well as for those they serve while they're there. So, it's not only for them, it's for the community. It heals everybody in the community. Thank you. Chair King: Thank you. At this time it appears as if our public comment period is closed. Mr. Muhammad: There's a question that you were supposed to answer (INAUDIBLE) ifI may? Chair King: Do you have the information? City of Miami Page 24 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Hannon: Well, the ordinance as passed, it did not have a sponsor. It passed 4-1, according to our records. It was amended by the Commission on the floor. Mr. Muhammad: That wasn't the question. The question -- Commissioner Diaz de la Portilla: Do we have people screaming now? Mr. Muhammad: The question was who -- Commissioner Diaz de la Portilla: Todd, I'm sorry -- Mr. Muhammad: -- the originator -- Commissioner Diaz de la Portilla: The question is you're not recognized, sir. The -- Mr. Muhammad: Who was the originator? That was the question, wasn't it? Chair King: I -- I -- Commissioner Diaz de la Portilla: Me. Chair King: 1 understand what you're saying. I had legislation put forth to allow me to appoint five members to the Virginia Key Trust, from the D5 (District) Office, five members to appoint -- Mr. Muhammad: So, it was your original idea to disband the trust. Chair King: No, sir. Did you hear what I ju.st said? Mr. Muhammad: But that's (INAUDIBLE) -- Chair King: I said -- Commissioner Diaz de la Portilla: Madam Chair. Mr. Muhammad: (INAUDIBLE) -- Commissioner Diaz de la Portilla: Madam Chair, we don't -- Mr. Muhammad: Who's original idea? Commissioner Diaz de la Portilla: We don't do debates here, sir. Chair King: There was no -- there was no idea to disband the Trust. Commissioner Diaz de la Portilla: Sorry, we don't do debates here. No. Mr. Muhammad: It just Jell out of (INAUDIBLE) -- Commissioner Diaz de la Portilla: Madam Chair. Madam Chair. Chair King: No, no, but I want -- Commissioner Diaz de la Portilla: We don't do debates. People don't scream. Chair King: I understand, but I want to -- City of Miami Page 25 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: People don't scream. It don't work that way. Chair King: 1 want to make it clear -- Commissioner Diaz de la Portilla: Government does not work that way. The sergeant can remove him from the -- from the -- thank you very much. That's what you need to do. Enough with the disrespect. Enough. You don't scream. You come in a civilized manner; you have a debate. This Commission is duly elected officials, all of us, and we vote for things. You can shape the narrative any way you want to shape the narrative, doesn't make it true. You can repeat a lie over and over again. Still doesn't make it true. So, it's over. Let's do the business on the agenda. That's why we're here, Madam Chair, at my request. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) 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 26 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.1 12625 Department of Planning CA.2 12626 Department of Planning CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE GROVE PARK HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE GROVE PARK HISTORIC DISTRICT MEETS NATIONAL REGISTER CRITERION A: THE AREA IS ASSOCIATED WITH EVENTS THAT HAVE MADE A SIGNIFICANT CONTRIBUTION TO THE BROAD PATTERNS OF OUR HISTORY IN THE AREA OF COMMUNITY PLANNING AND DEVELOPMENT ARCHITECTURE, AND NATIONAL REGISTER CRITERION C: THE PROPERTIES EMBODY THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREA OF ARCHITECTURE. ENACTMENT NUMBER: R-22-0430 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "Public Comments for all Item(s)" and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE FLORI-CORAL APARTMENTS (DA19579) TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE FLORI- CORAL APARTMENTS MEETS NATIONAL REGISTER CRITERION C: THE PROPERTY EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREA OF ARCHITECTURE FOR ITS MEDITERRANEAN-REVIVAL STYLE. ENACTMENT NUMBER: R-22-0431 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "Public Comments for all Item(s)" and "End of Consent Agenda." City of Miami Page 27 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.3 12895 Department of Planning CA.4 12687 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD HOLDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH THE GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET BETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, FLORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0432 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2022 BJA FY 22 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM — TECHNOLOGY MODERNIZATION PROJECT"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $236,246.00, WITH NO LOCAL MATCH REQUIRED; AUTHORIZING THE CITY MANAGER TO APPROPRIATE SAID AWARD TO THE MIAMI POLICE DEPARTMENT TO PROVIDE FUNDING FOR PLANNING, EVALUATING, AND IMPLEMENTING THE TECHNOLOGY MODERNIZATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GRANTOR; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-22-0433 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 28 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.5 RESOLUTION 12686 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS RECEIVED ON JULY 29, 2022, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1492386, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, SEAMAR DIVERS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SEAMAR"), THE PRIMARY VENDOR, AND INDUSTRIAL DIVERS CORP. INC., A FLORIDA PROFIT CORPORATION ("INDUSTRIAL DIVERS"), THE SECONDARY VENDOR, FOR THE PROVISION OF UNDERWATER VISUAL INSPECTION REPORTING/REPAIR SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE ASSET MANAGEMENT ("DREAM"), FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDING FROM DREAM GENERAL FUND ACCOUNT NO. 04002.221120.534000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE 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-22-0434 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 29 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.6 RESOLUTION 12919 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF THE WORKFORCE AND AFFORDABLE HOUSING PROJECT AT 1785 NORTHWEST 35TH STREET, MIAMI, FLORIDA, TO DULCE VIDA APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DULCE VIDA"), WHICH IS AN AFFILIATE ENTITY OF MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MIAMI BETHANY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0435 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "Public Comments for all Item(s) " and "End of Consent Agenda." CA.7 RESOLUTION 12688 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWELVE (12) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-22-0436 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." City of Miami Page 30 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.8 RESOLUTION - Item Pulled from Conseil' 12706 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 12 AVENUE AND SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 375 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF LDG 1254 LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item CA.8 was continued to the December 8, 2022, City Commission Meeting. CA.8 RESOLUTION 12706 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 12 AVENUE AND SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 375 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF LDG 1254 LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 31 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.8 RESOLUTION 12706 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 12 AVENUE AND SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 375 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF LDG 1254 LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item CA.8 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.8, please see "Order of the Day." CA.9 RESOLUTION 12707 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $1,020,450.00, FOR CAPITAL FUNDING FOR UP TO TWO (2) ADDITIONAL TRANSIT VEHICLES. ENACTMENT NUMBER: R-22-0437 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 32 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.10 RESOLUTION 12886 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING AMENDMENT NO. 5 FOR THE EXTENSION OF THE CONTRACT TERM TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH LIMOUSINES OF SOUTH FLORIDA, INC. ("LSF"), FOR THE PROVISION OF MUNICIPAL TROLLEY OPERATIONS SERVICES INCLUDING A TWENTY PERCENT (20%) INCREASE TO THE HOURLY SERVICE RATE FROM $51.79 PER SERVICE HOUR TO $62.15 PER SERVICE HOUR AND TO EXTEND THE PSA FOR THREE (3) YEARS WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW, FOR REQUEST FOR PROPOSALS ("RFP") NO. 256244, AUTHORIZED BY RESOLUTION NO. 12-0010, ADOPTED ON JANUARY 12, 2012; ALLOCATING FUNDS FROM CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 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 ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH 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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0438 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see "End of Consent Agenda." City of Miami Page 33 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.11 RESOLUTION 12854 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITY EASEMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE OWNERS OF THE PRIVATE PROPERTIES DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40-B183610; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO THE ACCEPTANCE OF SAID EASEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD THE EASEMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0439 This matter was ADOPTED on the Consent Agenda. Note, for the Record: For minutes referencing Item Number CA.11, please see "End of Consent Agenda." CA.12 RESOLUTION 12855 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITY EASEMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE OWNERS OF THE PRIVATE PROPERTIES DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40-B173613; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO THE ACCEPTANCE OF SAID EASEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD SAID EASEMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0440 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.I2, please see "End of Consent Agenda." City of Miami Page 34 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.13 12889 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WILLIAM REYES AMADO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED WILLIAM REYES AMADO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, CASE NO.: 20-013399 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-22-0441 This matter was ADOPTED on the Consent Agenda. Note, for the Record: For minutes referencing Item Number CA.13, please see "End of Consent Agenda." CA.14 RESOLUTION 12923 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND ALLOCATE A PASSTHROUGH GRANT AWARD IN THE AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00) ("GRANT") FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA, INC., A FLORIDA NOT FOR PROFIT CORPORATION FOR THE SOUTH FLORIDA ANCHOR ALLIANCE ("SFAA") REGIONAL MARKETPLACE PROJECT ("PROJECT") FROM SEPTEMBER 1, 2022 THROUGH AUGUST 21, 2024 TO FUND A CLOUD -BASED PROCUREMENT PLATFORM THAT WILL ESTABLISH THE REGIONAL MARKETPLACE; ESTABLISHING AND APPROPRIATING THE GRANT FROM A NEW SPECIAL REVENUE PROJECT FUND TITLED "SFAA REGIONAL MARKETPLACE GRANT" IN ORDER TO FUND THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, ADDENDUMS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-22-0442 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.14, please see "End of Consent Agenda." City of Miami Page 35 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 CA.15 12942 Office of the City Attorney RESOLUTION - Item Pulled from Concert' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY STEVEN MIRO ONE -HUNDRED -AND -TWENTY -THOUSAND -DOLLARS ($120,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF STEVEN MIRO VS. CITY OF MIAMI, CASE NO. 19- 30366-CA-01, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN MIAMI-DADE COUNTY, UPON THE EXECUTION OF A GENERAL RELEASE OF HIS CLAIMS AND DEMANDS, AND A DISMISSAL OF HIS CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-22-0465 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSTAIN: Carollo ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.15, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: At this time, do I have a motion to -- Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Victoria Mendez (City Attorney): Wait. I'm sorry -- Commissioner Diaz de la Portilla: I know what the motion is. Ms. Mendez: -- for the CAs (Consent Agenda) we need to pull some. I apologize. Commissioner Diaz de la Portilla: I move CA.1, CA.2, CA.3, and the -- all the CA items that have not been -- except CA.15, I want to pull CA.15. I have a couple questions about that one. Commissioner Reyes: CA -- Commissioner Diaz de la Portilla: 15, the Steven Miro settlement. I want to pull it so we can have a discussion. Commissioner Reyes: You want -- City of Miami Page 36 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: So, do we have a motion to pass CA.1, CA.2, CA.3, CA.4, CA.5, CA.6, CA.7, CA.9 -- Commissioner Diaz de la Portilla: 9. Chair King: -- 10, 11, 12, 13, and 14? Do I have a motion? Commissioner Russell: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. [Later...] Chair King: Okay, and you want to discuss CA.15. Commissioner Diaz de la Portilla: Well, yes -- Victoria Mendez (City Attorney): For CA.15, I just wanted to clarify, Coniniissioner Carollo will not be a part of any discussion on this item. Commissioner Reyes: Yes, we understand. Chair King: Okay. Commissioner Diaz de la Portilla: But I'm not Commissioner Carollo, right? Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So, CA.15. I want the City Attorney to -- it's $120,000 settlement and I want the City Attorney to explain to me how she came to that conclusion of that settlement. Or you, okay. Did she walk away from this one? Kevin Jones: No, no, I just have more specific details. As always, sir, I will answer whatever question you have. I caution us talking about it in a public forum. Commissioner Diaz de la Portilla: I understand. Mr. Jones: Okay. Commissioner Diaz de la Portilla: That's why I'm talking about it in a public forum. Mr. Jones: Okay. So, in any case that we resolve, we obviously get -- we obviously have to cone to this body. We evaluate the chance of success and the chance of failure, come up with a educated number, a conclusion. As to what that percentage looks like, we determine what the biggest downside is and based upon those numbers, we come up with something that's reasonable. I will tell you, in this case, Mr. Miro, had he -- if he were to prevail, just the backpay alone would've been close to $100,000. Just the backpay. That doesn't include any front pay a court might award, and it doesn't include attorney's fees, and this case has been in litigation for four years. So, there is, as you could imagine, a considerable amount of attorney's fees in this case. City of Miami Page 37 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: 1 have a tremendous amount -- Madam Chair? 1 have a tremendous amount, through the Chair, of course, I have a tremendous amount of respect for the City Attorney's Office. I think that sometimes, Madam Attorney, 1 've told you this privately, I'll say it publicly, that the City Attorney's Office is sometimes risk averse. They're afraid to litigate sometimes. I think you need to be more bold, and when unfair situations occur, and things that are wrong that we, as objective, not as lawyers, but as objective citizens who look at it know that this is wrong, it's really - - I'm really hard pressed to give this guy $120, 000. This is -- so I'm going to vote against it. I'm not going to say anything else because she's looking at me with a total look of fear in her face because she knows that we're going on the record and the settlement and -- it's not fear, I know, it's caution, because your lawyers are cautious and 1 understand that for good reason. You protect us so we don't say the wrong thing, and that's why you have a City Attorney's Office, but to me, because 1 know what transpired and I know the truth, over the course or the period of when that occurred because I know the truth. It -- I understand, don't stop me. I'm not going to say what you think I'm going to say. I cannot vote for it in good conscience, as a public official, as somebody who 's duly elected to vote his conscience and do what he thinks, or she thinks, is right. I cannot vote to get this guy, this piece of crap, $120,000. So, I'm going to vote against it. If the body wants to vote for it, they can vote for it, but I'm voting against it. Ms. Mendez: The only thing 1 just wanted to bring up. Sometimes when we have these settlements, unfortunately, the law is that if he just gets one dollar, we have to pay four years of attorney's fees. So, this is not -- and that's the way that the law is set up and it's unfortunate for us because it puts the City at a disadvantage. So, with regards to this it's -- we are -- we are not saying that anything was done incorrectly. However, in an abundance of caution, because the attorney's fees are out there and it's a four year old case, that's the only reason why we're taking this settlement, but I totally understand your position and it puts us in a hard position because of those types of situations with attorney's fees, that sometimes we just settle because of the -- Commissioner Diaz de la Portilla: I understand. I understand. Ms. Mendez: -- attorney's fees. Commissioner Diaz de la Portilla: Did I say piece of crap? I couldn't say anything else on the dais, but you know what I meant. I'm not voting for this. Chair King: Commissioner Reyes? Commissioner Reyes: Yes, I -- I tend to agree that we -- we should be litigating a little bit more and we should take -- position of the city and defend the city a little bit harder because most of the times what we do is we settle. But I just want to know, how much will it cost us in attorney fees? You have any -- any estimate that -- Ms. Mendez: If yott like -- Commissioner Reyes: -- that -- Ms. Mendez: If you like, we can table this and brief everyone individually again. I don't like to litigate -- Commissioner Diaz de la Portilla: Can -- can we table it and do a shade meeting? Ms. Mendez: I would not. The reason why I made a strategic decision on not to do a shade meeting -- City of Miami Page 38 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: Can we call for a shade meeting? Ms. Mendez: So, I would ask that there is no shade meeting. Commissioner Diaz de la Portilla: Why? Ms. Mendez: Can we -- let's just table this item and we'll -- I'll talk to everybody. I'm not going to do this so that Mr. Miro is listening to exactly and everybody else is listening. Commissioner Reyes: Yes. Ms. Mendez: We have plenty of litigation going on. I --I'd just rather -- I will talk -- Commissioner Diaz de la Portilla: I don't worry that much about Mr. Miro. Ms. Mendez: -- you know, during lunchtime, we'11 talk about it. Commissioner Reyes: Listen -- listen, I -- Commissioner Diaz de la Portilla: Let's table it. Let's go ahead and table it. Commissioner Reyes: Yes, let's table it, but I -- 1 think that we should -- we should listen, sometimes, to the advice of the City Attorney. That's why we have them here and they have -- but 1 just want to, just out of curiosity, or just I want to compare if we -- if we go along and have -- take this to court and we engage ourselves in a -- in a trial, what could be the consequences and how much will it cost the taxpayers? Okay, so we can make a decision. Chair King: So, this -- this item is going to be tabled for now. Commissioner Reyes: Okay. Chair King: Correct? Commissioner Diaz de la Portilla: Yes. Chair King: Okay, so we have the R -- the PH (Public Hearing) items. Commissioner Diaz de la Portilla: So -- I have a question. Do we have to defer it or just table it? Chair King: Table it -- Commissioner Diaz de la Portilla: Can we -- Chair King: -- to the afternoon, Victoria? Commissioner Diaz de la Portilla: Can we just defer -- Chair King: Or do we defer it? Commissioner Diaz de la Portilla: Let's defer -- let's defer the item. Ms. Mendez: The -- I -- Commissioner Diaz de la Portilla: So you could brief everybody -- City of Miami Page 39 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Is it time sensitive? Ms. Mendez: Yes, it is time sensitive. Chair King: So -- Commissioner Diaz de la Portilla: Well, but it's not that time sensitive. Not before December 8 time sensitive, right? Ms. Mendez: I -- we -- I mean, we're set for trial. Commissioner Diaz de la Portilla: Well, when are you set ftu trial? Mr. Jones: There's a status conference set, the date escapes me at this moment, but it's after this hearing, but it's before Christmas. So, it's some time -- Commissioner Diaz de la Portilla: Well, but the date's important. I think it's -- I think we -- the date should not escape you, you should actually have a specific date when some -- when a commissioner asks you a question, and when -- Commissioner Reyes: Come back. Commissioner Diaz de la Portilla: -- and we have a settlement of $120,000, it's not chump change, you need to have an answer. Mr. Jones: Right. Commissioner Diaz de la Portilla: Is it December 8th, December 9th, December loth? Mr. Jones: I can get you that -- I can get you that information in five minutes. Commissioner Diaz de la Portilla: So, I think we defer the item to December 8th, to the next commission meeting, so we can have the opportunity to be briefed by the City Attorney's Office. Mr. Jones: Okay. Chair King: But just make sure, if you could check that it's not -- Commissioner Diaz de la Portilla Of course, the schedule matters. Chair King: -- before December 8th. Commissioner Diaz de la Portilla: Of course. Yes. The schedule matters. Chair King: So -- Commissioner Diaz de la Portilla Yeah, we can always have a special meeting. Chair King: Let's table it until the afternoon until we get the date to make sure it doesn't -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. City of Miami Page 40 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: -- conflict with the next -- Commissioner Diaz de la Portilla: Alright, we'll table it until the afternoon. Okay. Chair King: Okay? Commissioner Diaz de la Portilla: I can do that. Chair King: Okay. [Later...] Chair King: Okay, and we had one RE (Resolution) item left from the morning. Commissioner Reyes: Yes. Commissioner Russell: And a CA (Consent Agenda) item. Chair King: And a CA? Victoria Mendez (City Attorney): Yes, so you have CA.15, which is the settlement item. Commissioner Carollo will not be voting on this item. That's what's -- one of the items that's left for this morning. Commissioner Reyes: I will move it. Chair King: CA.15? Ms. Mendez: Yes. Chair King: Second. All in favor? The Commission (Collectively): Aye. Ms. Mendez: Thank you. City of Miami Page 41 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12823 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $150,500.00 TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR PUBLIC SERVICES ACTIVITIES, WITH SAID FUNDS ALLOCATED FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO.14010.910199.481000; 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. ENACTMENT NUMBER: R-22-0443 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 Commissioner Russell: Madam Chair, I'll move the PH (Public Hearing) items and I want amendment on one of them. Commissioner Diaz de la Portilla: And I will second that but -- but the -- pending your amendment. Commissioner Russell: Thank you, it's a simple amendment on PH.4, which is my item, transferring funds to the Real Estate Asset Management Department to benefit the Barnyard. Currently, it says for AC (Air Condition) only, but there's several changes -- improvements' they're going to do in order to be able to do the AC, some water intrusion issues, some roofing tie down issues. So, I wanted to add the words, "and other eligible CDBG (Community Development Block Grant) activity," so that they have the freedom to spend the money appropriately. Commissioner Diaz de la Portilla: So, I have a question for the City Attorney, Madam Chair. We have four commissioners here. We can vote on all the four fifth items as long as we get four votes, correct? Chair King: Yes. Victoria Mendez (City Attorney): Yes, but we have -- Chair King: But we have Commissioner Carollo. City of Miami Page 42 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ms. Mendez: We have Commissioner Carollo -- Commissioner Diaz de la Portilla: Oh, he's over there, I'm sorry. Ms. Mendez: -- that we're supposed to call back in -- Commissioner Diaz de la Portilla: Why are you pointing up? Is he up there somewhere? Ms. Mendez: Because he sounds like the voice -- he sounds like the voice of God. Commissioner Diaz de la Portilla: It's like the voice of God or what? Ms. Mendez: Yes, he sounds like the voice of God. Wait until you hear him. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) -- Ms. Mendez: That's exactly what it sounds like. Commissioner Diaz de la Portilla: Well, wherever you are, Commissioner Carollo, hello. Good morning. Alright, so I'm -- I'll second the motion for all the PH items with the amendment as -- Commissioner Reyes: All the what? Commissioner Diaz de la Portilla: -- Commissioner Russell described. All the PH items. Commissioner Reyes: PH items. Commissioner Diaz de la Portilla: As amended on PH -- Commissioner Reyes: Hold on a second. Hold on a second. Commissioner Diaz de la Portilla: -- 4. Commissioner Russell: Yes, thank you. Commissioner Diaz de la Portilla: PH 4, as amended by Commissioner Russell. Commissioner Reyes: Hold on a second. On PH 13, I want to pull it because I have to recuse myself from voting there. Commissioner Diaz de la Portilla: And we need Carollo here. Chair King: Well, he can vote -- Commissioner Reyes: PH -- Commissioner Diaz de la Portilla: That's fine -- Vice Chair Carollo: I'm -- I'm on, Commissioner, good morning. Commissioner Diaz de la Portilla: -- you can recuse yourself. Commissioner Reyes: I will. City of Miami Page 43 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.2 12797 Department of Housing and Community Development Commissioner Diaz de la Portilla: So, 1 move PH -- Vice Chair Carollo: 1-- Commissioner Diaz de la Portilla: -- I'll second the motion for everything except PH.13, as amended. Okay, he's there. Chair King: He's here, so we don't have to take that one out. Commissioner Diaz de la Portilla: Okay, I understood, it was a joke. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: No, I can't hear him. Vice Chair Carollo: By the way, I go along a lot of jokes, but not with God. So, I'm sorry that my voice is the way that it is today and I'm not being able to be there, but in the condition that I'm in, I don't think should be there. Chair King: Feel better. So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE PUBLIC SERVICE CATEGORY FROM FISCAL YEAR 2022- 2023, IN THE AMOUNT $184,868.45, TO ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR PUBLIC SERVICE ACTIVITIES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0444 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Ken Russell, Commissioner Alex Diaz de Ia Portilla, Commissioner King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH 1. City of Miami Page 44 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.3 RESOLUTION 12796 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF ADDITIONAL EMERGENCY RENTAL ASSISTANCE 2 ("ERA2") FUNDS IN THE TOTAL AMOUNT OF $5,518,130.34 FROM THE UNITED STATES DEPARTMENT OF THE TREASURY AND AUTHORIZING THE ALLOCATION OF SUCH FUNDS TO PROVIDE ASSISTANCE TO ELIGIBLE HOUSEHOLDS THROUGH THE EXISTING CITY OF MIAMI ("CITY") EMERGENCY RENTAL ASSISTANCE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0445 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. PH.4 RESOLUTION 12791 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE ECONOMIC DEVELOPMENT CATEGORY, FROM FISCAL YEAR 2022-2023 IN THE AMOUNT $454,107.00 TO DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE AND INSTALLATION OF NEW AIR CONDITIONER UNITS FOR THE BARNYARD COMMUNITY CENTER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0446 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. City of Miami Page 45 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.5 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: 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 Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.1. PH.5 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: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 46 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.5 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: A motion was made by Commissioner Russell, seconded by Commissioner Reyes, and was passed unanimously, with Commissioner Diaz de la Portilla absent, to conduct the hearing for agenda item PH.5 before 5: 00 p.m. in accordance with Section 166.041(3)(c)2.b., Florida Statutes. Note for the Record: For additional minutes referencing Item Number PH.5, please see Item Number PH.1. Chair King: Good afternoon, welcome to the City Commission Meeting, November 17th, 2022, in these historic chambers for the afternoon session. Our PZ items, Planning and Zoning. Madam City Attorney, do you need to read anything into the record? I know you have to read the titles. Victoria Mendez (City Attorney): I just have to read the titles and I needed to clarify some things from the morning, whenever you let me. Chair King: Let's get the morning issues out of the way. Go ahead. Ms. Mendez: Okay. First of all, because we may need four -fifths for some of them. Is Commissioner Carollo already on our live feed? Commissioner Reyes: No, he's not. I don't see him. I don't see him. Chair King: You need a four f fths? Okay. Ms. Mendez,: We need to look at -- well, for the afternoon, we need the PZ.3 and the two brownfields items that we passed in the morning. We need to clarify that they can be heard before 5: 00 p.m. so that requires a four -fifths. Commissioner Reyes: Which one is that, CA.15 is the one you're talking about? Chair King: Which one is the four fifths one? Ms. Mendez: PH.5 and PH.7, I'll need a motion for reconsideration and then pass it - - then pass it -- Commissioner Reyes: PH.5 and PH 7. City of Miami Page 47 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ms. Mendez: -- and then pass the item, but we could wait until Commissioner Corolla then is on. Vice Chair Carollo: I'm on. Ms. Mendez: Oh, thank you, Commissioner. Commissioner Reyes: Hey, Joe, how're you doing? Vice Chair Carollo: Yes, I'm on. Ms. Mendez: Okay, so -- Vice Chair Carollo: Yes. Chair King: May I have a motion to reconsider? Ms. Mendez: PH5 and PH7, the brownfields items. Vice Chair Carollo: Okay. What is the problem with that? Chair King: It needed to be heard -- it needed to be heard after 5: 00 p.m. but we took it up in the morning. Vice Chair Carollo: 1 see. Chair King: So, we just need to -- Vice Chair Carollo: I see. Chair King: Okay. So, I have a motion and a second. Vice Chair Carollo: Yes. Commissioner Reyes: Hold on a second. PH.5. Chair King: Yes. It passed -- Vice Chair Carollo: Okay, go ahead. Chair King: The only thing, Commissioner Reyes, is that it was supposed to be heard at 5 o'clock or after 5:00. So, we need to do a waiver to allow us to vote for it before 5 o'clock. So, that's the motion now. Commissioner Reyes: To waive -- for a waiver? Chair King: Yes. Commissioner Reyes: Oh, I second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion -- Ms. Mendez: So -- City of Miami Page 48 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Todd B. Hannon (City Clerk): So, that was to reconsider PH.5 and 7. Commissioner Russell: Correct. Ms. Mendez: Correct. Now -- Vice Chair Carollo: Right. Ms. Mendez: -- I would just have to ask permission by a four -fifths vote of the Commission to hear items PH.5, PH.7, and also PZ.3, if we're going to hear it, before 5: 00 p.m. if we choose to hear them. Commissioner Russell: Wait, which one is PZ.3? Let's take PZ.3 separately, please. Ms. Mendez: Okay. Chair King: PZ.3 is a discussion item. Ms. Mendez: Okay. Commissioner Reyes: It's a -- it's a discussion item. Ms. Mendez: Alright, then -- Chair King: It's a discussion item. Ms. Mendez: -- PH.5 -- PH.5 and PH.7, I need your permission by a four -fifths vote -- Commissioner Russell: So moved. Ms. Mendez: -- to be able to hear it before 5: 00 p.m. Mr. Hannon: Chair, I'm sorry, PZ (Planning and Zoning), PZ, Papa Zulu dot 3, PZ.3 is a first reading ordinance. Chair King: But we're only having it on as a discussion item. Commissioner Russell: Wait, it's technically not a discussion item. We left it on the agenda as a PZ item, but we decided not to defer it -- Commissioner Reyes: That's right. Commissioner Russell: -- with the anticipation that we will not be taking action, we will just be discussing it, but it is -- you are correct, Todd, it is on the record -- on the agenda as an actual first reading item. Commissioner Reyes: Yes. Chair King: Yes. Commissioner Reyes: Through the Chair, what I meant is that it was left only -- Commissioner Russell: For discussion. Commissioner Reyes: -- as a discussion -- I mean, we wanted to discuss the item, that's all. City of Miami Page 49 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Russell: Yeah. Ms. Mendez: Okay. Commissioner Reyes: And I don't know if you still want to discuss the item -- Commissioner Russell: I do. Commissioner Reyes: Yeah, 1 know. I know. Commissioner Russell: I'll move 5 and 7 now. Commissioner Reyes: 1 second it. Chair King: All in favor? The Commission (Collectively): Aye. Ms. Mendez: Thank you. Chair King: Motion carries. Ms. Mendez: And now if we can -- now, since we're listening to the actual items again, PH.5 and PH. 7, for you to vote to pass it. Commissioner Russell: We just did that. Chair King: We just did that. Ms. Mendez: No, you just did the -- Chair King: No, we did -- Ms. Mendez: -- the waiver. Chair King: No, we did the waiver and then we did -- no? Commissioner Russell: Need a third vote. Chair King: Okay, may I have a motion? Commissioner Russell: So moved. Chair King: Second. All in favor? The Commission (Collectively): Aye. Ms. Mendez: Thank you. City of Miami Page 50 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.6 RESOLUTION 12738 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 GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA FOR PROFIT CORPORATION ("FPL"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF THE CITY -OWNED PROPERTY IDENTIFIED AS 2111 SOUTHWEST 19 STREET, FOLIO NUMBER 01-4110-034-0030, MIAMI, FLORIDA ("PROPERTY"), CONSISTING OF APPROXIMATELY NINE HUNDRED SEVENTY EIGHT (978) SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC AND APPURTENANT ABOVE GROUND EQUIPMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-22-0448 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PILL. City of Miami Page 51 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.7 RESOLUTION 12575 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 140 AND 142 SOUTHWEST 11 STREET, MIAMI, FLORIDA 33130 AND KNOWN AS SOUTHSIDE PARK ("SUBJECT PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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-22-0449 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 City of Miami Page 52 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.7 RESOLUTION 12575 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 140 AND 142 SOUTHWEST 11 STREET, MIAMI, FLORIDA 33130 AND KNOWN AS SOUTHSIDE PARK ("SUBJECT PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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-22-0449 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 53 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.7 RESOLUTION 12575 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 140 AND 142 SOUTHWEST 11 STREET, MIAMI, FLORIDA 33130 AND KNOWN AS SOUTHSIDE PARK ("SUBJECT PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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-22-0449 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: A motion was made by Commissioner Russell, seconded by Commissioner Reyes, and was passed unanimously, with Commissioner Diaz de la Portilla absent, to conduct the hearing for agenda item PH.7 before 5:00 p.m. in accordance with Section 166.041(3)(c)2.b., Florida Statutes. Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH.1 and Item Number PH.5. City of Miami Page 54 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.8 RESOLUTION 12764 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NONPROFIT CORPORATION ("LICENSEE"), FOR THE CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 1710 NORTHWEST 22 PLACE, FOLIO NO. 01-3134- 028-0200 MIAMI, FLORIDA TO PROVIDE ELDERLY INDIVIDUALS WITH DAILY LUNCH TIME MEALS AND EDUCATIONAL AND RECREATIONAL ACTIVITIES, FOR AN ANNUAL USE FEE EQUAL TO TWO HUNDRED ($200.00) DOLLARS, PLUS TAXES (IF APPLICABLE), WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT ENACTMENT NUMBER: R-22-0450 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.8, please see Item Number PH.1. City of Miami Page 55 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.9 RESOLUTION 12765 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., ("LICENSEE") FOR THE LICENSEE'S USE OF THE CITY -OWNED PROPERTY LOCATED AT 1836 NORTHWEST 22ND PLACE, MIAMI, FLORIDA FOR THE PURPOSE OF PROVIDING LOW-COST DAY-CARE SERVICE TO AREA RESIDENTS FOR A MONTHLY USE FEE EQUAL TO FIFTY DOLLARS ($50.00) PLUS TAXES, IF APPLICABLE WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. ENACTMENT NUMBER: R-22-0451 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.9, please see Item Number PH.I. City of Miami Page 56 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.10 RESOLUTION 12856 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SHAKE -A -LEG, MIAMI INC. ("SALM"), A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED BAYFRONT PROPERTY AND ANCILLARY ADJACENT AREAS LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FL, 33133 FOR THE OPERATION OF A PUBLIC RECREATION CENTER TO PROVIDE WATER -DEPENDENT MARINE RECREATIONAL, ENVIRONMENTAL, CULTURAL, AND EDUCATIONAL OPPORTUNITIES TO CITY OF MIAMI RESIDENTS, ORGANIZED YOUTH GROUPS, DISADVANTAGED SECTORS OF THE PUBLIC, ORGANIZED COMMUNITY GROUPS, AND THE GENERAL PUBLIC ("PROJECT"); FURTHER ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING THE CONTRIBUTION FROM SALM TO SERVE AS MATCHING FUNDS FOR THE REPAIRS OF THE BAYWALK AT THE PROPERTY ("BAYWALK IMPROVEMENTS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS OR OTHER DOCUMENTS, INCLUDING AMENDMENTS TO THE LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO PROCEED WITH THE PROJECT AND BAYWALK IMPROVEMENTS, ALL IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, AND STATE OF FLORIDA SUBMERGED LAND LEASE PROVISIONS. ENACTMENT NUMBER: R-22-0452 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.10, please see "Order of the Day" and "Public Comments for all Item(s)" and Item Number PFL1. City of Miami Page 57 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.11 12897 Commissioners and Mayor RESOLUTION 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 ("CITY CODE"), 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 ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO BELIEVERS OF AUTHORITY MINISTRIES, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BELIEVERS OF AUTHORITY"), IN SUPPORT OF THE BELIEVERS OF AUTHORITY PLACEMENT SERVICES PROGRAM; 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-22-0453 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.11, please see Item Number PH.1. City of Miami Page 58 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.12 12894 Commissioners and Mayor RESOLUTION 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 ("CITY CODE"), 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 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($373,750.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF THE SENIOR MEALS PROGRAM; 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-22-0454 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.12, please see Item Number PH.1. City of Miami Page 59 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PH.13 12925 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) ("GRANT") TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), IN ORDER TO IMPLEMENT ITS YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING PROGRAMS IN THE TECH AND DIGITAL MEDIA SECTORS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CAMACOL AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0455 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla ABSTAIN: Reyes Note for the Record: Commissioner Reyes abstained from voting on Item PH.13 and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the Office of the City Clerk on November 21, 2022, in accordance with Section 112.3143, Florida Statutes. Chair King: The PH (Public Hearing) items -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: So then I'll move -- Chair King: He voted for 13. Commissioner Diaz de la Portilla: -- I'll move PH.13, you'll recuse yourself and then we'll go ahead and vote for it. You don't have to leave, you can stay there. With PH.13 that's moved. City of Miami Page 60 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Do I have a motion? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. END OF PUBLIC HEARINGS City of Miami Page 61 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.1 12578 Office of the City Attorney RE.1 12578 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.1 was continued to the December 8, 2022, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 62 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.1 12578 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item RE.1 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.1, please see "Order of the Day." City of Miami Page 63 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.2 RESOLUTION 12936 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-22-0420 ADOPTED BY THE MIAMI CITY COMMISSION ON OCTOBER 27, 2022 AND REPLACING IN LIEU THEREOF WITH A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A LOAN IN AN AMOUNT NOT TO EXCEED ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS ("ARPA FUNDS") TO STADIUM TOWER APARTMENTS LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO FEWER THAN SIXTY (60) CITY OF MIAMI-ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS STADIUM TOWER APARTMENTS LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF NORTHWEST 23 STREET AND NORTHWEST 8 AVENUE IN MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"), WHERE DISBURSEMENT OF THE ARPA FUNDS IS SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE LOAN BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE LOAN BY THE CITY'S ARPA CONSULTANT, OR ITS SUCCESSOR ("CONSULTANT APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE HCLC APPROVAL, AND IN THE CONSULTANT 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, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0456 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Motion carries. We are on the RE (Resolution) items now. Do I have a motion to pass the RE items? Commissioner Diaz de la Portilla: So moved. Commissioner Russell: Second. City of Miami Page 64 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Vice Chair Carollo: Uhm. Chair King: 1'd like to make a floor amendment to RE.11 to include the Virginia Key Beach Trust. Commissioner Russell: Accepted by seconder. Vice Chair Carollo: RE.11. Chair King: RE.11. Vice Chair Carollo: Alright, let me see. Commissioner Reyes: RE.11. Commissioner Diaz de la Portilla: I'll second that. Chair King: So, all in favor of the RE items? Commissioner Diaz de la Portilla: Aye. Victoria Mendez (City Attorney): Madam Chair -- Todd B. Hannon (City Clerk): Sony, Chair. So, at the moment there is a motion for all of the RE items except for RE.1 and 7, is that correct? RE.1 was deferred to December 8th -- Chair King: Yes. Mr. Hannon: RE.7 was deferred to December 8th. Commissioner Diaz de la Portilla: And RE.11, as amended. Chair King: As amended. Commissioner Diaz de la Portilla: As amended. Mr. Hannon: And just for the record, RE.3 needs to be amended as well. Commissioner Diaz de la Portilla: And RE.3, as amended. Mr. Hannon: Yes. Commissioner Reyes: As amended. Commissioner Diaz de la Portilla: That's the motion. Well, I'm the seconder of the motion, you made the motion. Commissioner Russell: I'm the second. No, I'm the second. Commissioner Reyes: I'll second. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Russell: You're the mover. City of Miami Page 65 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Iris Escarra: 1 just have a point of clarification on RE. 14, that's the RTZ (Rapid Transit Zone). Chair King: Right. Commissioner Reyes: The RTZ. I -- hold on a second, I would like to -- Commissioner Diaz de la Portilla: You want to pull that, right? Commissioner Reyes: Huh? Commissioner Diaz de la Portilla: You want to pull that or you want to -- Commissioner Reyes: Yes, I think we should pull it because I have some questions about that. Commissioner Diaz de la Portilla: Me too. Chair King: Okay. Commissioner Diaz de la Portilla: And I want -- and maybe we debate it -- Commissioner Reyes: Yes. Chair King: Okay, so -- Commissioner Diaz de la Portilla: -- after lunch, because I need some food. Commissioner Reyes: That's right. Chair King: Can we have a vote for RE.1 through 13? Commissioner Diaz de la Portilla: RE.1 through 13. Mr. Hannon: RE.1 was -- Commissioner Diaz de la Portilla: With the exceptions of the two that were deferred. Chair King: Right. Commissioner Diaz de la Portilla: And RE.4 -- RE.4, as amended. Commissioner Russell: So moved. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: 7, I'm sorry. 7 as amended. Chair King: Okay, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries. So you're going to -- Commissioner Diaz de la Portilla: So now, I want to reconsider RE.7, the scooter issue. Is that -- was that the -- the safety measures that we approved? City of Miami Page 66 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: RE.7? That was deferred. Commissioner Diaz de la Portilla: It was already deferred, I'm sorry. Chair King: RE.7 was deferred. Commissioner Diaz de la Portilla: I got here late, so I apologize. I'm trying to catch up. Ms. Mendez: RE.7 is the bid award that was reset along with the permanent scooter program, with FR.1, which was also reset. Commissioner Diaz de la Portilla: Okay, thank you. Chair King: I'd like to take this opportunity to congratulate Rodney Jacobs. He is now our new executive director for the CIP (Civilian Investigative Panel) Program. Rodney, thank you so much and congratulations. Applause. Rodney Jacobs: Thank you so much, Madam Chairwoman, and thank you to all the commissioners, and Commissioner Carollo, who is somewhere here. CIP really appreciates -- Commissioner Reyes: He's still around here. Mr. Jacobs: Right, exactly. The CIP really appreciates the support of this Commission, and working in collaboration with the police department and our City Administration. You all have support us for so much time, and obviously myself. So, taking on this role as director is obviously going to be fun and challenging, but we're leaning into it as an office, and as a department, and I know good will come from it because of that. So, thank you all. Commissioner Russell: Congratulations. Chair King: Thank you, congratulations. Commissioner Reyes: Let me just clarify, RE.7 was included in the package that we just voted. Commissioner Russell: It was deferred. Arthur Noriega (City Manager): Deferred. Commissioner Reyes: It was deferred. Chair King: Deferred. Ms. Mendez: Deferred. Commissioner Diaz de la Portilla: Yeah, deferred. Chair King: RE.7 was deferred. Commissioner Diaz de la Portilla: I didn't know either, I just wanted to make sure we didn 't -- that didn't slip through. City of Miami Page 67 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Can we -- Chair King: Do you want to take up RE.14 now? Commissioner Diaz de la Portilla: No, I want to do it after lunch. Commissioner Russell: Is it after lunch? Commissioner Diaz de la Portilla: I would like to do it after lunch. Chair King: After lunch? Okay. RE.3 RESOLUTION 12675 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022. ENACTMENT NUMBER: R-22-0457 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.2. City of Miami Page 68 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.4 12663 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $1,332,150.00 FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE AND PROGRAM MANAGEMENT, TRAINING, SUPPORT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE, AND STORAGE FOR THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM ("GRANT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FISCAL YEAR 2022 - DEPARTMENT OF HOMELAND SECURITY - FEMA - USAR COOPERATIVE AGREEMENT"; APPROPRIATING FUNDS IN THE AMOUNT OF $1,332,150.00, CONSISTING OF THE GRANT FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0458 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.2. City of Miami Page 69 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.5 12528 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING COMPETITIVE SEALED BIDDING REQUIREMENTS AS NOT BEING ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PURCHASE OF MEDICAL EQUIPMENT FROM GE MEDICAL SYSTEMS, ULTRASOUND & PRIMARY CARE DIAGNOSTICS, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("GE"), PHILIPS HEALTHCARE, A DIVISION OF PHILIPS NORTH AMERICA, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("PHILIPS"), AND CARESTREAM HEALTH, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("CARESTREAM"), FOR THE MIAMI FIREFIGHTERS' HEALTH AND WELLNESS CENTER FOR THE CITY'S DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), FOR AN APPROXIMATE TOTAL AMOUNT OF FIVE HUNDRED FORTY ONE THOUSAND FIVE HUNDRED TWENTY ONE DOLLARS AND FORTY FIVE CENTS ($541,521.45); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, ANNUAL RECURRING FEES OR MAINTENANCE COSTS, ADDITIONS OF RELATED EQUIPMENT OR SERVICES, RENEWALS, EXTENSIONS, AND REPLACEMENT CONTRACTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0459 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, 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.2. City of Miami Page 70 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.6 RESOLUTION 12662 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS RECEIVED ON SEPTEMBER 2, 2022, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1515386, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, GLOBAL TRADING, INC., A FLORIDA PROFIT CORPORATION ("GLOBAL TRADING"), THE PRIMARY VENDOR, AND DESIGN LAB, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("DESIGN LAB"), THE SECONDARY VENDOR, FOR THE PURCHASE OF UNIFORMS, ON AN AS NEEDED BASIS, FOR VARIOUS CITY OF MIAMI ("CITY") DEPARTMENTS, FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDING FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE 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-22-0460 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.2. City of Miami Page 71 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.7 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE. 7 was continued to the December 8, 2022, City Commission Meeting. City of Miami Page 72 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.7 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS 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. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 73 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.7 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item RE.7 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day." City of Miami Page 74 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.8 RESOLUTION 12884 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT OF RODNEY W. JACOBS JR. TO SERVE AS THE EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL, AS SET FORTH IN CIP RESOLUTION NO. 22-005, EFFECTIVE OCTOBER 18, 2022, PURSUANT TO SECTION 51(B) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, SUBJECT TO ADHERENCE OF ALL CITY OF MIAMI POLICIES AND PROCEDURES DURING THE TERM OF APPOINTMENT. ENACTMENT NUMBER: R-22-0461 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day" and Item Number RE.2. RE.9 RESOLUTION 12848 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO THE LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE, IN SUBSTANTIALLY THE ATTACHED FORM, PROVIDING FOR SPECIAL PROVISIONS FOR CONCURRENT JURISDICTION AND THE CREATION OF "JOINT ENFORCEMENT ZONES" AS SPECIFIED TO ALLOW FOR THE ENFORCEMENT OF QUALITY OF LIFE VIOLATIONS PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. ENACTMENT NUMBER: R-22-0462 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see "Public Comments for all Item(s)" and Item Number RE.2. City of Miami Page 75 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.10 12602 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT MIAMI DADE COUNTY ("COUNTY") AUTHORIZE THE PERMANENT INSTALLATION OF SIGNAGE RESTRICTING TRAFFIC ON CERTAIN STREETS IN THE SILVER BLUFF NEIGHBORHOOD MONDAY THROUGH FRIDAY DURING RUSH HOURS BETWEEN 7:00 AM AND 10:00 AM AND BETWEEN 4:00 PM AND 8:00 PM BY APPROVING NO -LEFT TURN SIGNS AT ALL INTERSECTION DURING THOSE TIME PERIODS; FURTHER REQUESTING THAT, WITH REGARD TO SOUTHWEST 24TH TERRACE, THE COUNTY AUTHORIZE THE INSTALLATION OF NO ENTRY SIGNS ON THE WEST PROPERTY LINE BOTH NORTH SIDE AND SOUTH SIDE OF THE TERRACE OF THE COMMERCIAL PROPERTY LOCATED ON SOUTHWEST 17TH AVENUE TO ALLOW ENTRY INTO THE COMMERCIAL PROPERTY AND RESTRICT ENTRY INTO THE RESIDENTIAL STREET; FURTHER DIRECTING CITY ATTORNEY AND THE CITY MANAGER TO COORDINATE THE INSTALLATION OF TRAFFIC RESTRICTION SIGNAGE BY THE COUNTY FOR THE FOREGOING TRAFFIC RESTRICTIONS AND THE ENFORCEMENT OF THE SAME; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ELECTED OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-22-0463 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, 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.2. City of Miami Page 76 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.11 12928 Commissioners and Mayor RE.11 12928 Commissioners and Mayor RESOLUTION 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 2534 N. MIAMI AVENUE, MIAMI, FLORIDA, TO HOST AN EVENT DURING ART BASEL WEEK BEGINNING DECEMBER 2, 2022 AND ENDING DECEMBER 4, 2022. ENACTMENT NUMBER: R-22-0464 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes RESOLUTION 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 2534 N. MIAMI AVENUE, MIAMI, FLORIDA, TO HOST AN EVENT DURING ART BASEL WEEK BEGINNING DECEMBER 2, 2022 AND ENDING DECEMBER 4, 2022. ENACTMENT NUMBER: R-22-0464 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 77 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.11 12928 Commissioners and Mayor RE.11 12928 Commissioners and Mayor RESOLUTION 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 2534 N. MIAMI AVENUE, MIAMI, FLORIDA, TO HOST AN EVENT DURING ART BASEL WEEK BEGINNING DECEMBER 2, 2022 AND ENDING DECEMBER 4, 2022. ENACTMENT NUMBER: R-22-0464 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 RESOLUTION 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 2534 N. MIAMI AVENUE, MIAMI, FLORIDA, TO HOST AN EVENT DURING ART BASEL WEEK BEGINNING DECEMBER 2, 2022 AND ENDING DECEMBER 4, 2022. ENACTMENT NUMBER: R-22-0464 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 78 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.11 12928 Commissioners and Mayor RESOLUTION 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 2534 N. MIAMI AVENUE, MIAMI, FLORIDA, TO HOST AN EVENT DURING ART BASEL WEEK BEGINNING DECEMBER 2, 2022 AND ENDING DECEMBER 4, 2022. ENACTMENT NUMBER: R-22-0464 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 additional minutes referencing Item Number RE.11, please see Item Number RE.2. Chair King: I'd like to take a look at RE.11 again. Commissioner Reyes: RE.11. Chair King: The waive temporary event limit for Art Basel. I'd like to include in this legislation that the events can go until 5:00 a.m. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So -- so I need to move to reconsider. Todd B. Hannon (City Clerk): Chair. Commissioner Diaz de la Portilla: I -- so I'll move to reconsider. Commissioner Reyes: I second. I second. Commissioner Diaz de la Portilla: I move to reconsider it. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Now I move to -- amend it to have the events last -- Commissioner Reyes: And I will second. Commissioner Diaz de la Portilla: -- until 5:00 a.m.. City of Miami Page 79 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Why not 6:00 a.m.? Why not 6:00 a.m.? You're hungry, aren 't you, but you're not sharing. Chair King: That was from this morning. Commissioner Reyes: We need some after hours here like in New York. [Later...] Chair King: Okay, so we are now on -- Commissioner Reyes: PZ.13. Chair King: Wait, also, I'm so sorry, I need to open up RE.11 again -- Commissioner Russell: Again? Chair King: -- to include the dates from 11/29 through December 3rd. Commissioner Russell: Move to reconsider. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: I'll second the reconsideration. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Victoria Mendez (City Attorney): Madam Chair, can we -- Arthur Noriega (City Manager): Can I -- Ms. Mendez: -- then do public comment, because we've like changed three times. Chair King: Oh, okay. If anyone here would like to speak on RE.11, because we've added -- Mr. Noriega: Can I -- Commissioner Diaz de la Portilla: On the PZ (Planning and Zoning) items you're talking about, right? Mr. Noriega: No, RE.11. Commissioner Diaz de la Portilla: RE.11. City of Miami Page 80 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Noriega: So, can I ask a question (UNINTELLIGIBLE). RE. Il, is it specific to one -- it was originally specific to one address? Ms. Mendez: So, originally it was 2534 North Miami Avenue, and I believe it was amended in the morning to include Virginia Key Beach Trust's Rakastella Event. Chair King: Yes. Mr. Noriega: Alright, can I -- can I maybe add, because I'm hearing a little noise out there that we incorporate Wynwood into this, beyond just that one address? Because I have a feeling -- Commissioner Russell: It always happens. Mr. Noriega: -- I'm going to get some additional -- yeah, it's -- Commissioner Diaz de la Portilla: Sure. Mr. Noriega: -- it's going to -- I'm going to get some additional requests. And if we're going to do it -- Commissioner Diaz de la Portilla: Can we do Allapattah, Flagami, Little Havana -- Mr. Noriega: We can do as much as you want. Make it the whole city for all care for every Art Basel event. Commissioner Diaz de la Portilla: How about we do the whole city, right? Mr. Noriega: Yeah, I don't really care, just 1 know I'm going to get some requests and I'd rather have the flexibility now since we've opened this back up again to be able to address it. Commissioner Diaz de la Portilla: Yeah, so I'll move that. Chair King: Okay, so -- but I'd like it to start 11/29. Mr. Noriega: Yes, that's fine. From 11 -- Art Basel events that begin as of 11/29. Chair King: All right, and so you don't need to include specific addresses? Ms. Mendez:: So, if -- if we're going to go this route, because this is later going to be an enforcement nightmare and I'm going to get the calls at 2:00 in the morning, so I just want to -- if he's going to -- Commissioner Diaz de la Portilla: I thought -- I thought he would get the calls. Ms. Mendez: No, no, I get them because -- with legal questions. So, I just want to -- I want to confirm, then, if there are other locations can you just give the Manager the authority to go through the special event -- Mr. Noriega: Yes, evaluate on a case by case basis. Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Ms. Mendez: -- go through the special event process -- City of Miami Page 81 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: To give him leeway -- Mr. Noriega: Yeah, yeah, yeah, yeah. Commissioner Diaz de la Portilla: -- give him leeway to be able to add -- Mr. Noriega: Yeah, they have to go through -- Commissioner Diaz de la Portilla: -- additional addresses, yes. Mr. Noriega: -- the regular special event processes. Chair King: Okay. Ms. Mendez: Okay. Chair King: That's fair. Ms. Mendez: And that would allow for the -- if there is a two temporary event limit, you're granting that, with the Manager, to be able to -- Mr. Noriega: Yes. Ms. Mendez: -- work with the times. Now, this one, the two that you wanted were until 5:00 a.m. Are you giving him that same leeway or -- Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Ms. Mendez: -- just giving him -- Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Ms. Mendez.: -- up to that? Chair King.: Yes. Commissioner Diaz de la Portilla: Yes. Chair King: Up to -- Commissioner Diaz de la Portilla: Up to 5:00 a.m. Chair King: Yes. Commissioner Diaz de la Portilla: But he has leeway. It could be 3:00 a.m., 4:00 a.m., right? Chair King: Yes. Commissioner Diaz de la Portilla: Up to 5:00 a.m. Ms. Mendez: So -- City of Miami Page 82 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Do I have a motion? Ms. Mendez: -- is there any --? Commissioner Diaz de la Portilla: I'll move it. Chair King: Oh, is there anyone here that would like to speak on this item? Seeing none, public comment is closed. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Diaz de la Portilla: No, we didn't make a motion to pass the motion, we made a motion to reconsider. Commissioner Russell: I'll move it. Commissioner Diaz de la Portilla: So now it's moved. Todd B. Hannon (City Clerk): No, the motion to reconsider already occurred. Commissioner Diaz de la Portilla: Okay, so -- Mr. Hannon: It was moved by Commissioner Russell, second by Commissioner Reyes. The public hearing was opened after the reconsideration and now the -- Commissioner Diaz de la Portilla made the motion -- Commissioner Diaz de la Portilla: I made the motion to pass it. Mr. Hannon: -- with the amendments. Yes. Commissioner Diaz de la Portilla: As amended. Yes. Mr. Hannon: Seconded by Commissioner Reyes -- Commissioner Diaz de la Portilla: Yes. Mr. Hannon: So, free and clear to vote. Commissioner Diaz de la Portilla: Okay. Sony. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries -- Mr. Hannon: As amended. Chair King: -- unanimously, as amended. City of Miami Page 83 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.12 12932 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF FOUR MILLION, FIVE HUNDRED FIFTY THOUSAND DOLLARS ($4,550,000.00) (COLLECTIVELY, "LIMITED AD VALOREM BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO MINIMIZE FLOODING FREQUENCY, SEVERITY, DURATION, AND IMPACTS; PROTECT CRITICAL INFRASTRUCTURE AND HIGH - USE AREAS; AND REDUCE FINANCIAL AND ECONOMIC VULNERABILITY, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-22-0466 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.12, please see Item Number RE.2. City of Miami Page 84 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.13 12933 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING GRANT FUNDS FROM MIAMI-DADE COUNTY DISTRICT 6 COMMISSIONER REBECCA SOSA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("GRANT FUNDS"), FOR THE BAY OF PIGS MEMORIAL PARK IMPROVEMENTS PROJECT, PROJECT NO. 40-B183526 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO UPDATE THE CITY'S BUDGET AND MULTI -YEAR CAPITAL PLAN AS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS, RENEWALS, EXTENSIONS, MODIFICATIONS, AMENDMENTS, OR ADDITIONAL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT, ALLOCATE, BUDGET, AND APPROPRIATE THE GRANT FUNDS FOR THE PROJECT. ENACTMENT NUMBER: R-22-0467 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.13, please see Item Number RE.2. City of Miami Page 85 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 RE.14 12934 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, PRIOR TO PROSECUTING AN ACTION, TO RESOLVE A CONFLICT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY REGARDING THE ENACTMENT, AMENDMENT, AND EXPANSION OF THE RAPID TRANSIT ZONE ("RTZ"), IN COMPLIANCE WITH CHAPTER 164, FLORIDA STATUTES. ENACTMENT NUMBER: R-22-0468 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Victoria Mendez (City Attorney): RE.14 is the other one that's left from this morning - Commissioner Reyes: Yes. Ms. Mendez: -- to talk about the RTZs (Rapid Transit Zones). I don't know if you want a full dais for that one. Commissioner Reyes: Well, could you please explain what we're going to initiate the conflict that -- Ms. Mendez: So, this item is basically pursuant to Chapter 164 Florida Statute, and all it's doing right now is giving us permission to contact the County, for the Manager to talk with his counterparts at the County to try and come to a mediated settlement of the 160 -- the RTZ issues that we're having. Basically, developers are just flocking to the County -- Commissioner Reyes: Yes. Ms. Mendez: -- and bypassing the City. Commissioner Reyes: I wish that -- we need a list of them, you know? Ms. Mendez: There's about 80 properties in the pipeline -- Commissioner Reyes: Okay, you see -- Ms. Mendez: -- that want to go over there. Commissioner Reyes: -- I'm going to give my opinion, ill may, about the RTZs and my concerns, and I am very much concerned that the County takes ownership of the RTZs and they place it wherever they want. This -- this type of development can't happen and what -- in any place that they have transit, mass transit, and if that is the case, that it is detrimental to our single-family' homes and our neighborhoods, you see. When you have an RTZ that is asking for reduction in parking. It's asking for additional density et cetera, et cetera, and they have the -- you have this huge development next to a neighborhood like, for example, it could happen next to Silver City of Miami Page 86 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Bluff. It could happen next to any other neighborhood, the neighbors are going to suffer and I believe that it is our duty that those established neighborhoods should he protected. It should be protected at all costs and that's the way I'm going to go about it, you see. Commissioner Russell: I take that as a motion. Commissioner Reyes: Yes. Iris Escarra: Madam Chair, if I may, a point of clarification? Chair King: Hold on one second. Vice Chair Carollo: I second that. Chair King: I have a motion -- Commissioner Reyes: Thank you, sir. Chair King: -- and a second. I'd also like to do a carve out for this for the area north of 71st Street, any area north of 71st Street, I'd like to make a carve out. Victoria Mendez (City Attorney): So, Madam Chair, for this item it's just a resolution. The carve outs that we did were in March. What we could do is when we negotiate with the County, maybe that is one of the things that we can give them -- Commissioner Reyes: That's right. Ms. Mendez: -- which is, hey, you can have north of 71st. Chair King: Okay. Commissioner Reyes: Yes. Ms. Escarra: I just want to put one thing into the record with regards to the actions that the City may take. In March loth, 2022, Ordinance 10 -- 14056, acknowledged that there were certain stations, Santa Clara, A llapattah, certain sites that had interlocal agreements like the Brightline folks and all of those, as well as sites that had filed an application. There was specific language in that particular ordinance. I want to make sure that those projects are vested and not subject to this new action. So I just want to make sure reverting, the vesting of the vesting. Thank you very much. Commissioner Reyes: Okay. Okay, I -- Commissioner Russell: Madam. Commissioner Reyes: Yes, sir. Commissioner Russell: Thank you. I agree with Commissioner Reyes. I think we need to be very, vigilant and careful about this. Miami 21 was very carefully thought out -- Commissioner Reyes: Yes. Commissioner Russell: -- through a public process with the goal of protecting our residents from overdevelopment. We have elements in there like transitional zoning, where a 60 foot -- 60 floor tower can't be next to a single-family home. That's eliminated under RTZ. We have protections for trees. We have an appeals process City of Miami Page 87 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 with the neighborhood. None of that exists. We lose all of our sovereign power for zoning -- Commissioner Reyes: Yep. Commissioner Russell: -- and -- and this can now encompass all of downtown and Brickell. Commissioner Reyes: Yes. Commissioner Russell: So, it's really changing hats on who is calling the shots of what can be built and where. Commissioner Reyes: Yes, sir. Commissioner Russell: And if we believe in protecting our residents and that -- that scale of development that we have set in motion through Miami 21, we should fight to protect it. Commissioner Reyes: Absolutely. Absolutely, and we should always -- always -- Vice Chair Carollo: If1-- Commissioner Reyes: -- have our residents first. Vice Chair Carollo: Ifl may -- ifI may ask, through the Chair. Chair King: Go ahead. Vice Chair Carollo: Won't we be losing on top of everything that's been said that I agree with, won 't we also be losing a lot of impact fees and more? Ms. Mendez: Building fees -- Commissioner Reyes: That's right. Ms. Mendez: -- impact fees -- Chair King: Yes. Ms. Mendez:: -- public works fees. Commissioner Reyes: Yep. Ms. Mendez: Now they're pulling our special events fees with people saying that they didn't -- they don't have to come through us for special events. It's -- Commissioner Reyes: You know, pretty soon -- Ms. Mendez: -- ridiculous. Commissioner Reyes: -- we should add, if I may, Madam Chair, at the pace that we are going between the State and the County, we should -- maybe we should reconsider if the City should -- City should exist. Why do you allow incorporation when you want to rule them, you see. There's no independence. I mean, they are taking all the authorities away from us and I think that we should put up a good, fight. City of Miami Page 88 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Commissioner, would you like to weigh in? Commissioner Diaz de la Portilla: No. I'm listening. Chair King: Okay. Okay. Alright, so I believe we have a motion and a second. All in favor? The Commission (Collectively): Aye. Commissioner Russell: Yes, yours -- Ms. Escarra: Acknowledging the vesting? Commissioner Russell: Yes. Ms. Escarra: Thank you. Todd B. Hannon (City Clerk): So, Chair, Madam City Attorney, as is or is this amended? Ms. Mendez: Right, so it's not amended -- Mr. Hannon: As is. Ms. Mendez: -- because -- Chair King: Right, as is. Ms. Mendez: -- she -- right. Chair King: As is. Ms. Mendez: But she's here and -- Commissioner Diaz de la Portilla: Why is it not amended? Chair King: I wanted to do a carve out but we can do that later, after some stuff happens. Commissioner Diaz de la Portilla: Okay. Chair King: Yes. Commissioner Diaz de la Portilla: That works. Chair King: Okay, so -- Commissioner Reyes: There're going -- Chair King: -- it's -- you -- Commissioner Reyes: There are going to be a lot of carve outs, Commissioner. Arthur Noriega (City Manager): Well, but everything that you want to talk about, relative to carve outs, all of that gets -- all of that is part of the mediation or negotiation -- City of Miami Page 89 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Yes. Commissioner Reyes: Yes. Mr. Noriega: -- process. All this is empowering us to do is to enter into that phase. Chair King: Right. Mr. Noriega: That's really (INAUDIBLE). Commissioner Diaz de la Portilla: Okay. Chair King: Okay, so just to be clear, Todd, you have the vote on the record. END OF RESOLUTIONS City of Miami Page 90 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 12275 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Planning AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE VI, TITLED "ZONING AND PLANNING FEES, SECTION 62-22, TITLED "SCHEDULE OF FEES"; SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL"; SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER AND REFUND OF FEES"; AND ARTICLE VII, SECTION 62-32 OF THE CITY CODE, TITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/SCHEDULE OF FEES," TO PROVIDE THE YEARLY REVIEW OF FEES AND ASSOCIATED LANGUAGE WITHIN SO THAT ADJUSTMENTS, IF NECESSARY, ARE MADE AS PART OF SOUND FISCAL AND PROCESS MAINTENANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14120 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes ABSENT: Russell Chair King: So, let's move along to the Second Reading Items. If we could have the City Attorney read the items into the record. Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.5. For this item, on SR.5, I believe Commissioner Diaz de la Portilla had an amendment. (COMMENTS MADE OFF RECORD) Ms. Mendez: Okay, for SR.5, Commissioner Diaz de la Portilla wanted to add single- family and duplex residential properties and vacant land where the immediate previous use was a single-family or duplex structure shall be allowed to obtain City of Miami Page 91 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 mitigation in the same way as the homestead properties and the eleemosynary properties and all that. Commissioner Diaz de la Portilla: Yes, sir. Chair King: Yes. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: So, that's SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended, as was -- I read on the record. Chair King: So, do I have a motion? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Yes. He moved it, I second it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 92 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 SR.2 ORDINANCE Second Reading 12577 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE LEGALIZATION PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14121 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item Number SR.2, please see Item Number SR.1. Victoria Mendez (City Clerk): Madam Chair, I wanted to clarify for the code relief program. Apparently, there was a change that the Manager wanted about Manager or designee. Was that sent out as a substitution or anything like that? Does anybody know? No? No. Okay. Commissioner Diaz de la Portilla: So -- Ms. Mendez: So, I don't know if -- Commissioner Diaz de la Portilla: We should not be appointing Ms. Paschal is what you're saying? Ms. Mendez: No, no, I'm sorry. I went back to the code relief program. Commissioner Diaz de la Portilla: Oh, it's separate, you went to the other one. Ms. Mendez: Yes, to the amnesty program, but if there is no changes then thank you. City of Miami Page 93 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 SR.3 ORDINANCE Second Reading 12820 Commissioners and Mayor SR.4 11559 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", BY AMENDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14122 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item Number SR.3, please see "Public Comments for allltem(s)" and Item Number SR.1. ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item SR.4 was continued to the December 8, 2022, City Commission Meeting. City of Miami Page 94 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 SR.4 11559 ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SR.4 11559 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla ABSENT: Russell, Reyes Note for the Record: Item SR.4 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.4, please see "Order of the Day." City of Miami Page 95 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 SR.5 ORDINANCE Second Reading 12809 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14123 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item Number SR.5, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 96 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR - FIRST READING ORDINANCES FR.1 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item FR.1 was continued to the December 8, 2022, City Commission Meeting. FR.1 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: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 97 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR.1 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item FR.l was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Miami Page 98 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR.2 ORDINANCE First Reading 12900 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 35,500 SQUARE FEET LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA AS "TIBOR HOLLO 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 38-34, TITLED "NAMING OF TIBOR HOLLO 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 EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Commissioner Russell: Thank you, Madam Chair. 1 don't believe I need the microphone right now, I've got this one. I'd like to move FR.2 out of the agenda, please. We have a guest with us today, Mr. Tibor Hollo and Ms. Sheila Hollo, as well as Jerry, 1 saw here earlier, there's Jerry, and open up public comment for that item separately, if you don't mind. In addition to moving it, I'd like to sponsor an amendment to the naming of this park as Tibor and Sheila Hollo Park. They did not ask for this. This was a surprise to them and when I went to them, they actually said, "Please, don't do this. We're not asking for this." But Brickell 1814 has not had a name since its inception but it would not exist as a park in the City of Miami but for the Hollo family and their investment in it. Mr. Tibor Hollo built the first financial high rise in Brickell's history, yet they were always focused on placemaking. In fact, for my four years as the Chair of the DDA (Downtown Development Authority), Jerry Hollo was the chair of the Placemaking Committee, helping ensure that green spaces were prioritized in Brickell and Downtown. And so I think it's only fitting that this park which doesn't have a name should be named after the family that helped make sure it exists. So, I make the motion for FR.2, on first reading, for the naming of Tibor and Sheila Hollo Park. Vice Chair Carollo: Second. Commissioner Reyes: I will second it. Vice Chair Carollo: Second. Commissioner Reyes: Gladly second it. I heard about Tibor Hollo from friends in Cuba, long, long time ago. People don't know that he has a great history in Cuba and was one of the, I would say, that transcended in Cuba, also. So, it's an honor to co- sponsor this and second your motion. Commissioner Russell: Thank you, and public comment. Chair King: We're going to open the public comments for this item, FR.2, Tibor Hollo Park. City of Miami Page 99 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Jerome Hollo: Good morning, Jerome Hollo here. I just want to say thank you. It's a great honor to have this park named after my parents who -- and my father who worked for the last 60 years to make Miami the city it has become. He had amazing foresight many years ago, see what the Brickell area could be, and the Downtown area, and the destination, and how strong a community we could have here. And we were very happy when we were able to acquire the park and help -- help the City acquire the park, and I know anecdotally that there are a lot of families that use the park and bring their kids to the park. So, it's a well -used park, and it's a great honor to have our name associated with the park. So, I want to say thank you to everybody and thank you to Commissioner Russell for bringing this up to us. Thank you. Chair King: Thank you. At this time -- Tibor Hollo: One other thing I'd like -- Commissioner Russell: And for those of you who haven 't been there, please go by. It's -- the address is 1814 on Brickell Avenue. It's 35,000 square feet. It's got a dog park, a children's park, and a piece of the World Trade Center is there, actually, as a memorial. It's a nice space. Mr. T. Hollo: I am deeply honored by your board, I -- to bestowing this honor on me. I thank each and every one of you on this board. Thank- you. Chair King: You're welcome. Congratulations. Commissioner Reyes: Congratulations. We must vote. Commissioner Russell: We need to vote and then I want to take a picture. Commissioner Reyes: That's right. Chair King: Mr. City Clerk? Commissioner Russell: She has to read it into the record and then we can take a picture. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King.: The motion carries. Congratulations. Thank you. Commissioner Russell: Thank you. Do you mind if I get a quick picture? Vice Chair Carollo: Tibor, this is Joe Carollo. I'm sorry I couldn't be there today, but I want to wish you all the best. You have made us proud for many, many years, and for all of those that don't know, Tibor Hollo was the only developer that Miami had that when we had that huge financial crisis back in the 80s, that interest rates went as high as 20, 22 percent, was able to look through that. Every other developer that we had at that time went under and he somehow had the wits to be able to survive it. So, he is a legend in the field and I don't know of anyone else that that could be said of in his particular field of developing and construction. Victoria Mendez (City Attorney): Madam Chair, may I please read Commissioner Reyes' pocket item? City of Miami Page 100 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Please. Ms. Mendez: A resolution -- Todd B. Hannon (City Clerk): And -- my apologies, just for the record, the public comment has closed for FR.2. FR.3 ORDINANCE First Reading 12929 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item FR.3 was continued to the December 8, 2022, City Commission Meeting. FR.3 ORDINANCE First Reading 12929 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 101 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR.3 ORDINANCE First Reading 12929 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item FR.3 was deferred to the January 23, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.3, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 102 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR.4 ORDINANCE First Reading 12927 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS TO OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.4, please see "Public Comments for all Item(s)." Chair King: First Reading Items, we have First Reading -- FR.4, 5, 6, to go. Yep, 4, 5, and 6, since we took FR.2 out of order. So, do I have a motion for FR -- Commissioner Reyes: FR.1, it is -- Chair King: Deferred. Commissioner Reyes: -- deferred? Commissioner Diaz de la Portilla: So -- Chair King: FR.2 -- Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So -- and I'll second FR.4, 5, and 6. Commissioner Reyes: 4, 5, and 6. Chair King: Okay. We need to have -- Commissioner Diaz de la Portilla: 4, 5, and 6. Chair King: We need to have Victoria read -- Commissioner Diaz de la Portilla: Yes. Chair King: -- the titles into the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. So, FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR -- excuse me, FR.5. City of Miami Page 103 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And FR.6. The Ordinance was read by title into the public record by the City Attorney. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. FR.5 ORDINANCE First Reading 12926 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III/SECTION 62-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING, ZONING AND APPEALS BOARD/APPOINTMENTS; QUALIFICATIONS" TO SIMPLIFY THE REMOVAL AND APPOINTMENT PROCESS FOR PLANNING, ZONING AND APPEALS BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.5, please see Item Number FR.4. City of Miami Page 104 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 FR.6 ORDINANCE First Reading 12941 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), TITLED "FINANCE/GRANTS", MORE SPECIFICALLY, ESTABLISHING A NEW SECTION 18-139, TITLED "ANTI- POVERTY INITIATIVE - ESTABLISHED"; ESTABLISHING THE ANTI -POVERTY INITIATIVE, PROVIDING THE CRITERIA FUNDING AND ELIGIBILITY OF ENTITIES UNDER WHICH ANTI- POVERTY FUNDS MAY BE ALLOCATED AND UTILIZED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.6, please see "Public Comments for all Item(s)" and Item Number FR.4. END OF FIRST READING ORDINANCES City of Miami Page 105 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 106 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.2 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 107 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.3 6672 Office of the City Clerk BC.4 12163 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 108 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.5 11096 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ahmir Kenyatta Civilian Investigative Panel Vilmary Martinez Civilian Investigative Panel Michelle Valladares Civilian Investigative Panel ENACTMENT NUMBER: R-22-0447 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: Mr. City Clerk, do you have any hoards -- Todd B. Hannon (City Clerk): Yes, ma'am. Chair King: -- for appointments? Mr. Hannon: BC.5, Civilian Investigative Panel. The Civilian Investigative Panel is requesting confirmation of the following individuals: Vilmary Martinez, at the recommendation of the Mayor, Ahmir Kenyatta, representing District 2, and Michelle Valladares, representing District 4. Commissioner Diaz de la Portilla: So moved. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 109 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.6 12422 Office of the City Clerk BC.7 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 110 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.8 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 111 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.9 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 112 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.10 12423 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 113 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 114 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.12 12903 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erica Paschal City Manager Arthur Noriega, V ENACTMENT NUMBER: R-22-0470 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 Todd B. Hannon (City Clerk): BC.12, the City Manager will be reappointing Erica Paschal, and that's the only appointment. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 115 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.13 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 116 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.14 12905 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: Denise Galvez Turros (Alternate in Business and Finance or Law Category 8) Robert Powers (Citizen — Category 7) ENACTMENT NUMBER: R-22-0471 MOTION TO: RESULT: MOVER: SECONDER: AYES: NOMINATED BY: Commissioner Manolo Reyes Commissioner Christine King Adopt ADOPTED Manolo Reyes, Commissioner Christine King, Commissioner King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: I'd like to take up, at this time, Pocket Item 1. Todd B. Hannon (City Clerk): Chair. Chair. Sorry -- Commissioner Reyes: Yes. Mr. Hannon: Just have a couple more. Historic and Environmental Board. Chair King: Oh, I thought you were finished. Okay. Preservation Mr. Hannon: BC.14, Historic and Environmental Preservation Board, Commissioner Reyes will be reappointing Denise Galvez Turros and Chairwoman King will be appointing Robert Bob Powers. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 117 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.15 12896 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: James Angleton, Jr. (Actively engaged in home building industry in connection with affordable housing) Allan Hall (Actively engaged as a not -for -profit Provider of affordable housing) Kevin Deeb (Actively engaged as a real estate professional in connection with affordable housing) Gregory Gay (An individual who resides within the jurisdiction of the city) Ben Fernandez (A person who represents employers within the city) ENACTMENT NUMBER: R-22-0472 Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Manolo Reyes, Commissioner Ken Russell, Commissioner King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Russell, and was passed unanimously, to appoint James Angleton, Jr., Allan Hall, Kevin Deeb, Gregory Gay and Ben Fernandez as members of the Housing and Commercial Loan Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to James Angleton, Jr., Allan Hall, Kevin Deeb, Gregory Gay and Ben Fernandez as members of the Housing and Commercial Loan Committee. Todd B. Hannon (City Clerk): Housing and Commercial Loan Committee. The Department of Housing and Community Development is recommending City of Miami Page 118 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 reappointment of the following individuals: James Angleton Jr., Allan Hall, Kevin Deeh, Gregory Gay, Ben Fernandez, all requiring a 5-5 term waiver. Commissioner Diaz de la Portilla: Five years? Mr. Hannon: It's just a 5-5 term waiver. Commissioner Diaz de la Portilla: Oh. Commissioner Reyes: I move it. Mr. Hannon: It just needs five commissioners to vote in favor of the reappointment. Commissioner Diaz de la Portilla: Well -- Chair King: Do I have a motion? Commissioner Reves: Move it. Chair King: For discussion? Commissioner Diaz de la Portilla: No discussion. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the Boards and Committees. Thank you, Chair. Chair King: I'd like to take up Pocket Item 1 at this time. Victoria, could you read it into the record, please? Victoria Mendez (City Attorney): Was that -- Commissioner Reyes: That was -- Ms. Mendez: Yes. Commissioner Reves: That was mine. It was voted on -- Ms. Mendez:: Yes, it was read and voted on. Chair King: We did it already? Ms. Mendez: Yeah. Commissioner Reyes: We did it already. Chair King: Oh, I have it on my notes -- Ms. Mendez: You were that -- you were that efficient. Commissioner Diaz de la Portilla: Now you go to lunch. Chair King: Oh, so we don't want to tackle the PZ (Planning and Zoning) Items? Commissioner Diaz de la Portilla: Nah, let's go to lunch. City of Miami Page 119 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Alright, we have -- Commissioner Reyes: The Manager -- the Manager is buying -- Commissioner Diaz de la Portilla: We'll come back. Commissioner Reyes: -- is buying lunch for everybody. Chair King: Well, can we do -- what time is it? It's not 12 o'clock and I'm sure they announce it at 12:00 -- Mr. Hannon: Madam. Madam -- Commissioner Diaz de la Portilla: Well, then he -- Mr. Hannon: CRA (Community Redevelopment Agencv) starts at 10:00, or thereafter. Commissioner Diaz de la Portilla: -- can buy breakfast. Mr. Hannon: 10:00 or thereafter. Chair King: 10:00 or there -- oh, we have a CRA meeting and it's -- it can go really quickly. Commissioner Diaz de la Portilla: Yes, ma'am. Commissioner Reyes: That's right. Chair King: And it has -- Commissioner Diaz de la Portilla: Let's do that. Commissioner Reyes: Let's do it now. Chair King: Okay, so let's flip the tape and do the CRA meeting very quickly. Commissioner Reyes: Okay. City of Miami Page 120 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.16 12164 Office of the City Clerk BC.17 12902 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. RESULT: APPOINTEE: (Youth Member) NO ACTION TAKEN NOMINATED BY: Commissioner Christine King City of Miami Page 121 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.18 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 122 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.19 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 123 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.20 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 124 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.21 12904 Office of the City Clerk BC.22 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 125 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.23 11273 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 126 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 BC.24 9549 Office of the City Clerk BC.25 8943 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Commissioner Ken Russell Note for the Record: Item BC.24 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number BC.24, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: Commissioner Christine King Commissioner Christine King Note for the Record: For minutes referencing Item Number BC.25, please see "Order of the Day" and "Public Comments for allItem(s)." END OF BOARDS AND COMMITTEES City, of Miami Page 127 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS/DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.1 was continued to the December 8, 2022, City Commission Meeting. City of Miami Page 128 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.1 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS/DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 129 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.1 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS/DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item PZ.1 was deferred to the January 12, 2023, City Commission Meeting. City of Miami Page 130 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.2 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.2 was continued to the December 8, 2022, City Commission Meeting. PZ.2 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 131 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.2 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item PZ.2 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 132 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.3 ORDINANCE First Reading 12645 Commissioners and Mayor 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") TO EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; BY CREATING A NEW DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6, TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT ESTABLISHMENTS; 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, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: Item PZ.3 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.3, please see "Order of the Day." Chair King: And this -- PZ.3, discussion item. Commissioner Russell: Thank you, and this is -- Commissioner Diaz de la Portilla, you and I are co-sponsors on this item and I just wanted to get the temperature of how you're thinking about the distance requirements for medical marijuana dispensaries since we have to treat them the same way we treat pharmacies. I think rather than concentrating on distance requirements, we concentrate on what they look like and have aesthetic requirements that bring them up to what is acceptable in a retail high street, or high street might not be the right word to use, but -- and that way, we don't want covered windows and bars on, you know, that make it look like, you know, we want this -- if we believe that this is medicine distribution, we should treat it as a pharmacy, and it's not use. So, if it were use, like a bar, then I think all the distance requirements would come into play, but this is simply about people picking up their medicine. So, other than whatever the State requires within distance requirements, I'm happy to not have distance requirements, maybe one per block, if there was like 100-foot distance between them, and then -- but all the rest, from a church, a school, you know, all these other things, I don't think it's necessary if we snake that -- if we make sure that they have the aesthetic requirements that we would require of any CVS (Consumer Value Stores) or Walgreens. That's my thought on it, and we can leave it up to the Administration to help us hash out what that looks like. Commissioner Reyes: So -- City of Miami Page 133 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: I think -- I'in sorry. Commissioner Reyes: Sony. Commissioner Diaz de la Portilla: Commissioner. Commissioner Reyes: So, iflgetyou right -- Vice Chair Carollo: Can I -- Commissioner Reyes: -- you want them to look good, go buy, and don't smoke there, go smoke someplace else. Commissioner Russell: Correct. Commissioner Reyes: Okay, and you think they're -- they are getting only the medicine, so they cannot smoke it, medicine they're going to take like medicine. Commissioner Russell: No, it's whatever is legally allowable under State law. Commissioner Reyes: What is legally allowable. Okay. Okay, I understand you, you know, and my understand -- I've seen those, you see, at the entrance of St. Augustine, for example, there is a big, big sign, which is all lit up, that say `Marijuana Doctor." You see, they even provides you there with -- you don 't need it, but they provide you with your little -- with a card, you see, that's what you want. Chair King: Well, I'd like to say that I do have a concern because in one of the items that we deferred earlier, there is some question on the distance between the dispensary and an elementary school in Overtown. So, I don't want to see that. Commissioner Russell: I believe there is a State requirement when it comes to dispensary to school, and so we would still honor that. Commissioner Diaz de la Portilla: And I think that's -- Chair King: I think -- Commissioner Diaz de la Portilla: -- that's why -- Vice Chair Carollo: Chair? Commissioner Diaz de la Portilla: -- you need to have the conversations. Chair King: Right, and staff was supposed to get back with me to let me know whether because it was so close -- Commissioner Reyes: Yeah, distance from schools. Chair King: -- that -- and it's an elementary school, so I don't want to -- I don't want to be anywhere near close, I don't -- we have to protect our schools and, you know -- Commissioner Reyes: Thank you. Chair King: -- irrespective of it's a dispensary, it's medicinal, we still have to protect our little ones. City of Miami Page 134 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Yes, 1 agree. Commissioner Diaz de la Portilla: Right, because the bottom line is that -- Vice Chair Carollo: Chair? Commissioner Diaz de la Portilla: -- we need a lot more conversations about this. Commissioner Reyes: Yes. Chair King: Yes. I think the Vice Chair is trying to say something. Go ahead. Vice Chair Carollo: Yeah, I -- I'm in agreement with Commissioner Russell to the point that we have to make them look a little bit different. May I suggest that beyond of everything that he mentioned, we might want to put a big picture of Cheech and Chong in each of them so there's no mistake as to what that is, versus a pharmacy. Outside of that, I would prefer to -- sorry, limit only one per -- per block, as I'm seeing this is going to turn into a free for all -- Commissioner Reyes: That's right. Vice Chair Carollo: -- that in every city block, you're going to get numerous -- Commissioner Reyes: Absolutely. Vice Chair Carollo: -- trying to open up. Commissioner Reyes: One per block is too many. Commissioner Diaz de la Portilla: So, I think we need to continue to have conversations about it and I agree with Commissioner Russell -- Commissioner Reyes: It will be less than (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- they look different than a regular, you know, more like a pharmacy, more -- Commissioner Russell: That's like a (UNINTELLIGIBLE) shop. Commissioner Diaz de la Portilla: -- like a Walgreens or a CVS -- right, than a bar, basically. You know, a dark place where people could go and get a prescription and do whatever they want to do. So, yeah, we need to have healthcare access, I think, if you want to call it that, but we cannot have a proliferation of this also. So, it's a balance that we're going to find. I think we're going to get there. So, I think -- I say that we (UNINTELLIGIBLE) then we just defer the item and we come back. Commissioner Russell: Sounds good. [Later...] Todd B. Hannon (City Clerk): Now, with PZ.3, what would you like to do with PZ.3? It wasn't deferred -- an action wasn't taken on it yet, it was discussed but no action taken. So, I'm going to assume to defer it? Commissioner Diaz de la Portilla: I move to defer PZ.3 to January 13th, 2023. Mr. Hannon: January 12th. City of Miami Page 135 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.4 12288 Office of Zoning Commissioner Diaz de la Portilla: 12th, I'm sorry, 2023. Chair King: Do I have a second? Commissioner Reyes: Second. Vice Chair Carollo: Second. Chair King: Commissioner Reyes seconded. All in favor? The Commission (Collectively): Aye. Mr. Hannon: Good to go. Commissioner Diaz de la Portilla: We're good to go? Chair King: And that will conclude the November l7th City of Miami Commission meeting for 2022. 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 136 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.5 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 137 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.6 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." City of Miami Page 138 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.7 12609 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 REVERSING 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 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A MEDICAL MARIJUANA DISPENSING FACILITY FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 139 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.8 12728 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-045 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION 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 2007 SOUTHWEST 8 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 1702-000264 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." City of Miami Page 140 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.9 12729 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-046 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION 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 1901 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 071530 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." City of Miami Page 141 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.10 ORDINANCE Second Reading 12607 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14124 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 additional minutes referencing Item Number PZ.10, please see "Order of the Day." Chair King: Victoria, can you confirm that the Virginia Key Beach is in this? Commissioner Diaz de la Portilla: Yes. Chair King: I did that this morning. Commissioner Russell: Yeah, you did. You did it. Commissioner Diaz de la Portilla: Yeah, we had already amended it earlier. We'll reconsider and we include the Virginia -- Chair King: Yes. Commissioner Diaz de la Portilla: -- Key. Commissioner Reyes: Yes. Chair King: Okay, hack to the PZ (Planning and Zoning) items. Commissioner Reyes: Okay. Let's deny all of it. Chair King: So, we are now -- we have -- we're still -- PZ.10, 11, and 12. Can we take those up? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Chair King: Victoria, can you read the titles into the record, please? City of Miami Page 142 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Victoria Mendez (City Attorney): PZ.11. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.12. Todd B. Hannon (City Clerk): Madam City Attorney, did you want to read PZ.10? Commissioner Diaz de la Portilla: PZ.10. PZ.10 as well. Mr. Hannon: Yeah. Commissioner Reyes: 10, 11, and 12, right? Commissioner Diaz de la Portilla: Yeah, 10, 11, and 12. Ms. Mendez: PZ.10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.12. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: Madam Chairwoman, can 1 pull PZ.12 for a second, 1 have a few issues on that? Chair King: Okay, may I have a motion to pass PZ.10 and 11? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 143 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.11 ORDINANCE Second Reading 12608 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O", SUB -URBAN TRANSECT ZONE — OPEN, TO "T4-L", GENERAL URBAN TRANSECT ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14125 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 PZ.11, please see Item Number PZ.10. City of Miami Page 144 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.12 ORDINANCE Second 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. ENACTMENT NUMBER: 14126 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 additional minutes referencing Item Number PZ.12, please see "Public Comments for allltem(s)" and Item Number PZ.10. Chair King: Do we want to go on to -- Commissioner Diaz de la Portilla: PZ.12, can we get a broader -- a bigger -- more detailed explanation, rather, on what you're doing, what you're amending? Particularly with the density requirements. Lakisha Hull (Planning, Director): Yes, so on PZ.12, this is the Wynwood Norte Neighborhood Revitalization District. Commissioner Diaz de la Portilla: Yes. Ms. Hull: So, right now there is an overlay in this area that is capping the density, but it's already analyzed to go up to 150 dwelling units an acre. So, it's just removing that cap under Miami 21 Code, and it's going to complement the other T4 properties in this area. Commissioner Diaz de la Portilla: How many T4 properties are you augmenting? Ms. Hull: The map that we saw, it was roughly about maybe a handful of properties still remaining. Commissioner Diaz de la Portilla: What's a handful? Is there a number to that handful? Ms. Hull: About five or so -- Commissioner Diaz de la Portilla: Five, one hand. Ms. Hull: -- that would be eligible for this density that's still remaining. Commissioner Diaz de la Portilla: Okay, and then how many -- how many more units would you be incorporating, then, into the mix? City of Miami Page 145 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ms. Hull: So, if it's -- you know, if it's 150 per acre, 1 don't know the acreage for the T4 properties that's still remaining, but it's basically going to be allowed up to that amount. So, the question is is can they even build up to that density. It's just saying that you have the ability, now, to do that. Commissioner Diaz de la Portilla: Who's the applicant? Ms. Hull: So, this is actually a legislation by Administration that is helping -- Commissioner Diaz de la Portilla: 1 know, so -- so have you taken -- is there a traffic study associated with this? Ms. Hull: No, we don't have to do a traffic study. Commissioner Diaz de la Portilla: I know you don't have to, I just asked if there was a traffic study associated with it. Ms. Hull: No, because the -- the land use has already analyzed the transportation impacts. Commissioner Diaz de la Portilla: But the increase in density would increase traffic, right? Ms. Hull: It -- but it's already -- Commissioner Diaz de la Portilla: Or is that not logical? Ms. Hull: It's already built into the service levels of the land use in the area, so that's why we don't have to do a policy change, we just have to update the overlay in this area. Commissioner Diaz de la Portilla: My concern is that we -- Wynwood in particular, right, and this neighborhood in particular, I know it very well. Is that your district, Commissioner Russell? It's not, it's your, Commissioner, it's your district? Chair King: Yes, and the community has come out and they've worked together. Commissioner Diaz de la Portilla: Yeah. Chair King: There've been several meetings. They are in favor of this passing. They support. They've worked with Planning. They've worked with Zoning. The community has done a lot of work on this and it's a good thing for the community. It's a very smart piece of legislation for this community. Commissioner Diaz de la Portilla: Can you walk me through it? Alfredo Gonzalez: Commissioner, we represent ABH Developer in this area. There -- they have lots of projects and are very invested in this area. This is not about density at all. The density stays the -- Commissioner Diaz de la Portilla: But she mentioned it was about density, that's why Mr. Gonzalez: Yeah, no, but let's clarify that. The density doesn't change at all from what it is now. What it will give us is flexibility in development. The way it's drafted now, if I have, let's say hypothetically, a 20,000 square. feet project, ill divided it into City of Miami Page 146 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 three parcels, let's say I have three parcels, I can get more density under the existing Code section -- Commissioner Diaz de la Portilla: Okay. Mr. Gonzalez: -- than if I make it into one parcel and that -- what that happens is we have to do three roofs, more cut -ins, more electrical, more plumbing, increasing the cost of construction. So, by being able to do this amendment, we'll be able to just use the three parcels -- Commissioner Diaz de la Portilla: I understand. Mr. Gonzalez: -- we'll build at the same density. Commissioner Diaz de la Portilla: Okay. Ms. Hull: So, for clarification, it's tied to the lot size. And so, it still is -- Commissioner Diaz de la Portilla: Right. Right. Ms. Hull: -- an exercise -- Commissioner Diaz de la Portilla: But that's the part 1 was confused about. Ms. Hull: Exactly. So now it's not -- Commissioner Diaz de la Portilla: Yes. Ms. Hull: -- limiting to the lot sizes. Thank you. Commissioner Diaz de la Portilla: That's fine. I'm good. I'm good to go. Mr. Gonzalez: Commissioner, my name is Alfredo Gonzalez. Commissioner Diaz de la Portilla: I know who you are. Mr. Gonzalez: I know, he's asking me to do it. Commissioner Diaz de la Portilla: Yeah, yeah, the Clerk. The Clerk. Commissioner Reyes: What's your name, sir? Commissioner Diaz de la Portilla: What's your name? Commissioner Reyes: What's your name? Mr. Gonzalez: Alfredo -- Commissioner Reyes: Alfredo Gonzalez. Mr. Gonzalez: Gonzalez. Commissioner Diaz de la Portilla: Where do you reside? Are you a City of Miami resident? Commissioner Reyes: That's right, are you a resident of Miami? City of Miami Page 147 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Mr. Gonzalez: Well, me? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Mr. Gonzalez: No, I do not, but my father does. Commissioner Reyes: Oh. Commissioner Diaz de la Portilla: Flagami. Commissioner Reyes: Okay, what's your nickname? Mr. Gonzalez: That's a private matter. Commissioner Reyes: We went to school together. Mr. Gonzalez: El Baby. Commissioner Diaz de la Portilla: I know. I know. Chair King: So, do 1 have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Russell: Second. Chair King: And a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. That was for PZ.12. Commissioner Reyes: That's right. Commissioner Russell: Yes. Chair King: Okay. City of Miami Page 148 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.13 ORDINANCE Second Reading 12770 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, MORE SPECIFICALLY BY AMENDING ARTICLE 4,TABLE 4, TITLED "STANDARDS AND TABLES/DENSITY, INTENSITY AND PARKING," TO PROVIDE FOR SPECIFIC PARKING RELIEF TO PROPERTIES WITHIN THE T5-L AND T5-O AND CI TRANSECT ZONES FOR CERTAIN USES WHEN THE USES SOLELY SERVE NEEDS OF CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14127 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: And now we are on PZ.13. Commissioner Reyes: Madam Chair, I -- I just, you know, those that are reading that say parking relief go to properties within (UNINTELLIGIBLE) T5-0, this is rescue mission, this is for Lotus House. Chair King: Lotus House. I'm a sponsor of this, correct? Commissioner Reyes: None of the people that live there own cars. They are homeless. Chair King: Right. Commissioner Reyes: That's why I -- Chair King: Well, some of them do. Commissioner Reyes: That's why I don't have the same argument against it -- Chair King: Okay. Commissioner Reyes: -- as I did before. Chair King: Alright. Commissioner Reyes: But in the name of consistency, I want people to know why I am voting for this. Chair King: Yes. Commissioner Russell: Has it been moved yet? Commissioner Reyes: I'm moving it. Commissioner Russell: I'll second it. City of Miami Page 149 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Victoria, have you read this title into the record as yet? Victoria Mendez (City Attorney): Which item is this on? Commissioner Russell: 13. Chair King: PZ.13. Ms. Mendez: No. PZ.13. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do 1 have a motion? Commissioner Reyes: Second. Commissioner Diaz de la Portilla: I'll move it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? You know I never say that, so I just -- motion carries unanimously. Commissioner Reyes: Okay. City of Miami Page 150 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.14 ORDINANCE First Reading 12836 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE 2.07 ± ACRES DESCRIBED HEREIN OF REAL PROPERTIES AT 1960 AND 1970 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, 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 PZ.14, please see "Public Comments for all ltem(s). " Commissioner Diaz de la Portilla: We're done? Victoria Mendez (City Attorney): 14 and 15, and 16 and 17 and 18. Chair King: No, 17 has been deferred to the next commission meeting. Commissioner Reyes: That's right. Chair King: We have -- Commissioner Diaz de la Portilla: So, I'll move PZ.14 -- Chair King: 14. Commissioner Diaz de la Portilla: -- 15, and -- Chair King: 16. Commissioner Diaz de la Portilla: -- 16. Chair King: And 18. Commissioner Diaz de la Portilla: And 18. I'll move those four. Lakisha Hull (Planning, Director): Madam Chair, remember we have the substitutions for the record for 14 and 15. Those are the application materials. Commissioner Diaz de la Portilla: With -- Chair King: Right. Commissioner Diaz de la Portilla: -- with substitutions as recorded. City of Miami Page 151 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Victoria, can you read the titles into the record, please? Ms. Mendez: Yes, Madam Chair, PZ.14. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.15. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.16. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.18. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. I have a motion. Second. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): With 14 and 15 amended. Commissioner Diaz de la Portilla: As amended. Chair King: With the substitutions, yes. City of Miami Page 152 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.15 ORDINANCE First Reading 12837 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "D1", WORK PLACE DISTRICT ZONE, TO "T6-12-0", URBAN CORE ZONE OF THE PROPERTY GENERALLY LOCATED AT 1960 AND 1970 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; 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: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see "Public Comments for allltem(s)" and Item Number PZ.14. PZ.16 ORDINANCE First Reading 12733 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND USE AND THE COASTAL MANAGEMENT ELEMENTS TO ADDRESS SECTION 163.3178, FLORIDA STATUTES, KNOWN AS THE "PERIL OF FLOOD" REQUIREMENTS, THAT REQUIRES LOCAL GOVERNMENTS TO PROVIDE DEVELOPMENT AND REDEVELOPMENT PRINCIPLES, STRATEGIES, AND ENGINEERING SOLUTIONS THAT REDUCE THE FLOOD RISK IN COASTAL AREAS WHICH RESULT FROM HIGH -TIDE EVENTS, STORM SURGE, FLASH FLOODS, STORMWATER RUNOFF, AND THE RELATED IMPACTS OF SEA -LEVEL RISE; AND AMENDING THE RELEVANT APPENDICES OF THE MCNP WITH RELEVANT DATA AND ANALYSES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see "Order of the Day" and Item Number PZ.14. City of Miami Page 153 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.17 ORDINANCE First Reading 12840 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE Planning ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO CHANGE THE METHOD BY WHICH THE PARKING RATIO MAY BE REDUCED WITHIN OPPORTUNITY ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.17 was continued to the December 8, 2022, City Commission Meeting. PZ.17 ORDINANCE First Reading 12840 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE Planning ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO CHANGE THE METHOD BY WHICH THE PARKING RATIO MAY BE REDUCED WITHIN OPPORTUNITY ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes City of Miami Page 154 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 PZ.17 ORDINANCE First Reading 12840 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE Planning ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO CHANGE THE METHOD BY WHICH THE PARKING RATIO MAY BE REDUCED WITHIN OPPORTUNITY ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla ABSENT: Russell, Reyes Note for the Record: Item PZ.17 was deferred to the January 12, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.17, please see "Order of the Day." Chair King: Okay, and now I believe we are ready for the PZ (Planning and Zoning) items? Commissioner Reyes: Yep. Chair King: Okay, let's rock and roll. Commissioner Russell: I'll move PZ.3 for discussion. I doubt we'll get to the finish on it, but I think it's worth us hashing it out a little bit, figure out -- Chair King: Well, let's just take up the -- so PZ 1 is deferred, PZ.2 is deferred, PZ.4, 5, 6, 7, 8 is withdrawn -- Commissioner Diaz de la Portilla: Withdrawn. Chair King: -- 9 is withdrawn. So, we only have to go with PZ.10, 11, 12 -- Commissioner Russell: 10 through 18. Chair King: -- up to 18. So -- Commissioner Diaz de la Portilla: 10 through 18. Lakisha Hull: Excuse me, Madam Chair, Lakisha Hull, the Planning Director. We do have three substitutions based on actions from PZAB (Planning, Zoning and Appeals Board) last night. So, that's PZ.14, PZ.15, and PZ.17. They recommended approval for those three items. Commissioner Reyes: The what? Commissioner Diaz de la Portilla: Well, it doesn't matter what they recommend. City of Miami Page 155 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Ms. Hull: But it was also the staff analysis that was updated to further improve the projects. Commissioner Diaz de la Portilla: Okay. Ms. Hull: Yes. Commissioner Reyes: Could you -- could you come again with those three items because 1 have -- Chair King: 14, 15, and 16. Ms. Hull: And 17. Chair King: 14, 15, 16, and 17. Commissioner Russell: Not 16. Ms. Hull: So, the legislative file doesn't have -- so it doesn't have like the application for one of the items, so we want to make sure for the record we're submitting these items before you guys vote on them. Commissioner Reyes: And I -- but what do you mean? We're going to defer them or you want to vote on it? Commissioner Diaz de la Portilla: Vote on them. Commissioner Reyes: Well, I have my -- I have some problems with PZ.17, with opportunity zone parking exceptions. I -- as you all know, if you live in Miami, there's no place to park. And we have given too many exceptions and those -- by giving so many parking exceptions what we have had, we have been hurting our neighborhoods, that people that cannot park in those developments, they go into the neighborhoods and they are even -- all of our -- there's no swales in certain areas because the swales now they are gravel for -- the grass has been killed, and they have caused a lot of problems and have been a nuisance to the neighbors. We are committed to our neighbors and our residents, we have to at least try to -- the developers -- demand that the developers provide enough parking so they don't infringe in our neighborhoods. Chair King: So -- Commissioner Diaz de la Portilla: So you're talking, Commissioner, about how they're metering, in essence, in simple terms, how they're metering on side streets, basically, right? Commissioner Reyes: No, what I'm saying is that when you are developing -- you have a development and the Code requires that you have 1.6, 1.8 parking, I mean, per unit or whatever -- Commissioner Diaz de la Portilla: Right. Commissioner Reyes: -- you should have that amount of parking instead of reducing it Commissioner Diaz de la Portilla: Correct, the appropriate -- City of Miami Page 156 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: -- by l0 percent -- Commissioner Diaz de la Portilla: -- the appropriate amount of parking. Commissioner Reyes: -- the appropriate amount of what the Code requires, you see. Commissioner Diaz de la Portilla: So, you want to defer this item? Vice Chair Carollo: Well -- Chair King: Which item? Commissioner Diaz de la Portilla: I want to take a better look at it. Chair King: Which item? Commissioner Reyes: Okay. What -- Commissioner Russell: 17. Commissioner Diaz de la Portilla: 17. PZ.17. Chair King: 17. Commissioner Reyes: Let's -- Chair King: That's my item. Commissioner Diaz de la Portilla: I know, I'm sorry, but -- Chair King: No, no, but -- okay, listen. Commissioner Diaz de la Portilla: -- but I'm sorry, I've got to take a better look at it. Sony. Chair King: Well, let me explain a little bit about what I'm trying to do -- Commissioner Diaz de la Portilla: Alright. You're on, explain. Chair King: -- it's to give smaller developments relief so that they can build in smaller lots, and it only affects opportunity zones. So, fbr the most part, that's my district, opportunity zones, they're very -- Commissioner Diaz de la Portilla: Mine too. Mine too. Chair King: -- because -- hold my hand, hold my hand, because we serve the two poorest districts in the City of Miami, and we are in need of affordable housing, which this legislation -- Commissioner Russell: Helps. Chair King: -- provides. So, it -- and again, it's only in opportunity zones. Commissioner Diaz de la Portilla: I know, but because I have a whole bunch of those in my district, I want to take a second look at it. What's the big deal with waiting? So, Ai. two weeks -- City of Miami Page 157 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Time wounds all deals. Commissioner Diaz de la Portilla: No, that's not true. Well, time just gives you a second look at things, right? So, in essence -- Chair King: Okay. Commissioner Diaz de la Portilla: I want to defer it, if you'll go with me on this one. Chair King: Okay. Commissioner Diaz de la Portilla: Let me take a second look because there are a whole bunch of opportunity zones in my district as well. Commissioner Reyes: Yes, and -- Commissioner Diaz de la Portilla: And remember, Allapattah, we have bordering districts. Chair King: Yes, yes. Commissioner Diaz de la Portilla: Yes, so it's important. Chair King: Okay, it is -- Commissioner Diaz de la Portilla: So, I agree that smaller developers have a right to -- to get what they need to get, and I understand all that, but let me take -- let me just take a closer look at it. Chair King: Okay. Commissioner Diaz de la Portilla: You mind? Commissioner Reyes: Okay, and -- Chair King: Fair enough. Commissioner Russell? Commissioner Diaz de la Portilla: Is that fair? Thank you. Commissioner Russell: Madam Chair, I would like to co-sponsor this with you. I did mention at the beginning of the day I -- I do believe in this. We have opportunity zones in Little Bahamas. This would be helpful, and I think rather than throwing the baby out with the bathwater, there is a way to do parking reductions in a smart and thoughtful way so it doesn't just simply force parking into the single-family neighborhood. I think that's a relevant fear, we've got to be careful of it, but there's a way, to do it correctly. Chair King: Thoughtfilly. Commissioner Russell: Thoughtfully, which will reduce the costs on affordable housing. Each parking space is so expensive for affordable housing to build and if they're in an area that doesn't necessarily need as many cars, you know, I -- I'm very open to it. So, I'm with you. Commissioner Diaz de la Portilla: The problem is that we have people in District 1, Jroexample, Commissioner Russell, that don't have a place to park. City of Miami Page 158 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Okay, so the people that we represent, some of these people are 75 years old and they don't have a place to park. They have to walk three blocks to get to their apartment. They live in -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- low-income housing units. That's why I want to take a second look at it. Commissioner Russell: Yep. Commissioner Diaz de la Portilla: It may be good for young people who take rapid transit and -- like the people you represent. Commissioner Russell: No, West Grove I'm talking about. Commissioner Diaz de la Portilla: Well -- Commissioner Russell: This is elderly and -- Commissioner Diaz de la Portilla: -- Little Bahamas -- Commissioner Russell: -- same parking issues. Commissioner Diaz de la Portilla: -- is -- is two square blocks. We're talking about a broader area of the City of Miami, okay? And we have -- I have 18 low-income housing units in my district. So, you're talking about a very small area, I'm talking about a very big area. So, what I look -- when I do public policy for the City of Miami, I look at the entire city. I don't look at my particular district. So, I think what 1 would like, and I think the Chairwoman has agreed -- Chair King: I have agreed to allow you -- Commissioner Diaz de la Portilla: Thank you, Madam. Chair King: -- to take some time to take a look at -- Commissioner Diaz de la Portilla: Just some time for the next meeting and we'll do it. Chair King.: Yes. Okay. Commissioner Diaz de la Portilla: I think Commissioner Reyes has the same concern and I know, without hearing from above, that Commissioner Carollo is going to have the same -- have the same concern -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- because it impacts our district. We have people that are parking, that are 80 years old, that are parking and still are driving and you know, one of the things that people lose when they lose their right to drive, when they get older, it's a horrible thing to tell your parents, that I had to do with mine, you can't drive anymore. So, some of them want to drive as long as they can and they have to park three blocks away in a low-income housing unit and they got to get there. So, I'msorry about your -- your last mile option, and scooters, and all that. I know it's important to you -- City of Miami Page 159 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Russell: It's not about that. Commissioner Diaz de la Portilla: Well, it's about -- it's about -- Commissioner Russell: It's opportunity zones. Commissioner Diaz de la Portilla: It's about opportunity zones, which are low- income zones, to initiate and revitalize areas. So, I think we should just take a second look at it. It's nothing -- it's not a lot to askfor a second look. Chair King: It is not. Commissioner Reyes: No. Commissioner Diaz de la Portilla: No. Chair King: I don't -- Commissioner Reyes: And -- and -- and -- Chair King: -- have an issue with that. Commissioner Reyes: -- and that is my concern although, at this moment, 1 don't have an opportunity zone, butt -- Commissioner Diaz de la Portilla: Well. Commissioner Reyes: -- I do -- I do care about the whole city and I know those examples that you are just stating, I have heard their complaints and I've been all over, all over, and you see, what -- in order for us to -- to promote more development, more affordable housing, we will have to always -- always, we will have to think ahead and also take into consideration the negative effect of everything that we're doing because sometimes we take action and later on is when we say oh my god. Commissioner Diaz de la Portilla: And that's the point, right? We're thinking of what the future looks like and we forget about what the past looks like and what people want to go, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: And what people do, that are older people, so we -- yeah, we're looking for the full -- the future, Commissioner Russell, of how beautiful it'll be when nobody uses cars, but the fact of the matter is that Miami people still use cars. Commissioner Reyes: They don't have any other place of moving. Commissioner Diaz de la Portilla: They have no place to afford, so I think -- Chair King: Yes, so -- Commissioner Diaz de la Portilla: -- we defer it and we move on. Chair King: -- we'll defer that item. I'd like to revisit RE.11. Commissioner Diaz de la Portilla: What do you have there, grapes? City of Miami Page 160 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Chair King: Yes. Commissioner Diaz de la Portilla: May I have one? Chair King: Yes. Commissioner Russell: I'll move the deferral to the December meeting. Chair King: 1 second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): PZ.17 Chair King: PZ.17. Mr. Hannon: Understood. PZ.18 ORDINANCE First Reading 12924 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"), MORE SPECIFICALLY BY AMENDING ARTICLE 7/SECTION 7.1.1.4, TITLED "PROCEDURES AND NONCONFORMITIES/PLANNING, ZONING AND APPEALS BOARD", TO SIMPLIFY THE REMOVAL AND APPOINTMENT PROCESS FOR PLANNING, ZONING AND APPEALS BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.14. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 161 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 NA.1 12998 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION 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 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA TO HOST TEMPORARY EVENTS CONSISTING OF THE SALE OF CHRISTMAS TREES AND SPARKLERS BEGINNING NOVEMBER 20, 2022 AND ENDING DECEMBER 31, 2022, AS WELL AS A HELICOPTER LANDING FOR SANTA ON DECEMBER 21, 2022 FROM 2 -7 P.M. ENACTMENT NUMBER: R-22-0413 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 NA.1, please see "Order of the Day." Victoria Mendez (City Attorney): Thank you. The Resolution was read by title into the public record by the City Attorney. Commissioner Reyes: I move it. Chair King: I second. Todd B. Hannon (City Clerk): We're -- I think we're now going to move to public -- if you wanted to vote on this item only, we can do public comment for just the pocket item -- Chair King: Okay. Mr. Hannon: -- or we can open up public comment for every -- Chair King: Sure. At this time well open public comment for this item only. Commissioner Reyes: Yes. Chair King: Anyone here would like to speak on Pocket Item 1? Commissioner Reyes: And if I might explain what it is, it's a boys and girls club and what we're doing is they -- you know, they have the fundraising by selling Christmas trees, and we are authorizing it. And they're going to have a huge, huge event for Christmas, and they want to bring Santa in a helicopter, and that's why we are passing this. We need this resolution to make that possible. So, that's why I move it. City of Miami Page 162 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 NA.2 13004 City Commission Chair King: Seeing no one for public comment, the public comment period is closed. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE DECEMBER CITY COMMISSION MEETING FROM THURSDAY, DECEMBER 8, 2022, TO THURSDAY, JANUARY 12, 2023, STARTING AT 9:00 A.M. TO BE HELD AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER AND THE CITY CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY TO ENSURE THAT THE PUBLIC IS PROPERLY NOTIFIED OF THE CHANGE IN DATE. ENACTMENT NUMBER: R-22-0469 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla NAYS: Reyes ABSENT: Russell Commissioner Diaz de la Portilla: And then the other thing I want to do, Madam Chair, if you agree with me, and the Commission agrees with me, I want to cancel our December meeting and just come back -- relax, and come back at the beginning of next year. Commissioner Russell: No. Commissioner Reyes: I don't know what we have -- Commissioner Diaz de la Portilla: I believe before Commissioner Russell leaves us, we -- Commissioner Reyes: I don't know what we have in December. Do you have any legislation that you want to pass? Commissioner Diaz de la Portilla: Do we have anything that we need to -- well, actually we have -- Vice Chair Carollo: No. Commissioner Diaz de la Portilla: -- something we need to pass. Commissioner Russell: In December? Commissioner Diaz de la Portilla: I don't think we need to pass anything in December. Vice Chair Carollo: No. No, we don't. City of Miami Page 163 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: There's nothing in the agenda that I've seen that's pending. We just cancel it and come back in the beginning of the year. Commissioner Russell: No, we have a lot in December, it's my last meeting. Commissioner Diaz de la Portilla: No, but we could make the meeting before your last day. By the way, we may reappoint you. You don't know what we're going to do with you, we're still trying to determine how we're going to -- Commissioner Reyes: Madam Chair -- Commissioner Diaz de la Portilla: -- select your next 11 months, what we're going to do with that. So, we don't know yet. Chair King: I'm going to go with the will of the body. If the will of the body wants to cancel that -- cancel the December meeting, I'll go with -- Commissioner Reyes: Let me check on you, Vice Chair. Vice Chair Carollo: Yes. Commissioner Reyes: Joe, what do you think of that? Vice Chair Carollo: Look, I would be greatly appreciative myself if I could take that week to see my grandchildren before we got to start doing 7,000 bags of 40 pounds of food that we got to load up, and that's not including the pork paletas, and then we've got to distribute them. And you guys seen what we do every Christmas, so it's a tremendous amount of work, and, you know, there's not much that we do in December anyway's, so I don't see why we can 't put it into January and give us that relief -- Commissioner Reyes: How about you? Okay? Vice Chair Carollo: -- on December. Commissioner Diaz de la Portilla: I agree. Vice Chair Carollo: So, I would be willing to vote along with it. Commissioner Russell: I'll make the case, Chair, for why we should have a December meeting. I think our -- Chair King: Okay. Commissioner Russell: -- our residents ask very, little of us to be here twice a month for meetings and once a month in December and November, and also because it is my last meeting. I've actually timed my work with the City Administration, the Planning Department, and everything, to bring things in December before I leave that were important to my. district. So, I have Planning and Zoning items that are coming that we've been working very hard to get on the December PZAB (Planning, Zoning and Appeals Board) agenda so that it could get to -- and these are West Grove affordable housing issues. Again, as I said before, these are all things I'm trying to right from the wrongs of a CRA (Community Redevelopment Agency) loss in the West Grove. So, I'm moving very quickly, but I do plan to leave in December. I -- I resigned to run. When I took that risk and I put that on the table and I want to honor that. So, I'm asking that City of Miami Page 164 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 we do have our December meeting so that 1 can finish the business for nay district before 1 leave and the next commissioner comes in. Commissioner Diaz de la Portilla: I will tell you, Madam Chair, if I may, that once he's no longer a commissioner, he can give us a list of this wish list, and we can do -- you know, do what you want done, we can do it ourselves, but I think that as a courtesy to Commissioner Carollo, who is not feeling well, and that -- to be able to have a full dais, that we cancel the meeting, we come back in January. We can always have three meetings in January if you want, by the way -- Commissioner Reyes: No, no, no, no, no. Commissioner Diaz de la Portilla: -- before you leave. I know, just one meeting -- Commissioner Reyes: Two meetings. Commissioner Diaz de la Portilla: -- I know -- I know you're going to jump on that one. Commissioner Reyes: Two meetings. Commissioner Diaz de la Portilla: I knew you were going to jump on that one. Commissioner Reyes: No, no, two meetings. No, I mean, we can compromise and have a very short agenda on the 8th, but -- is that -- Commissioner Diaz de la Portilla: Or we can have it -- we can have an earlier meeting in January, right? But I mean just cancel the December meeting. Vice Chair Carollo: It's -- Commissioner Russell: It's our job. This is what we're paid to do. Vice Chair Carollo: -- look -- Commissioner Diaz de la Portilla: Yeah, but -- but we can be paid to do it three times -- three days in January instead of once every month, right? It's the same number of hours. Chair King: So -- Commissioner Diaz de la Portilla: As a courtesy to Commissioner Carollo, the Vice Chair, and as a courtesy to me. Chair King: I understand and I see that the will of the body, because I hear that we have three votes already. Is there something that we can do to accommodate Commissioner Russell so that he could move his -- his -- Commissioner Russell: If I had known that, I would've tried to bring the items in this meeting, for example, but to bring it up today -- Vice Chair Carollo: He could -- Commissioner Russell: -- that we're going to cancel the December meeting is -- Vice Chair Carollo: He could -- he could -- he could give us a list -- City of Miami Page 165 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Sure. Of course. Vice Chair Carollo: -- and we will certainly be attentative [sic], but you know, Ken -- Commissioner Reyes: Why don't -- why don't we do one thing -- Vice Chair Carollo: Let me -- let me -- Commissioner Diaz de la Portilla: Why doesn't he give us a list? Vice Chair Carollo: Let me -- Commissioner Diaz de la Portilla: He could talk to us -- Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: -- after he's no longer a commissioner. Vice Chair Carollo: Because whether we come in for an hour or we come in for the whole day, that means that we got to come back to a meeting just to please one member of the body. If -- you know, you talked about your constituents. Well, you had a commitment to your constituent for four years and it seems that every year, you wanted to leave and run for something else. So, what you're saying now, 1 take offense to it because this has got nothing to do with the constituents. We all represent the whole city too, and we have shown time and time again that we have done right by Coconut Grove. Especially now even more so that two of us have partial areas of the Grove. So, those statements that were made, I take offense to, and whatever is there -- Commissioner Russell: You could take offense, but I have a lot of residents that are waiting on this -- and many of the churches -- Vice Chair Carollo: Well -- Commissioner Russell: -- have their zoning issues -- Commissioner Diaz de la Portilla: Yeah but -- Commissioner Russell: -- scheduled for December. Commissioner Diaz de la Portilla: -- but they've been waiting for eight years, Commissioner. So, that's it. Commissioner Russell: We've been working on this for six months to get this to the December meeting literally. Vice Chair Carollo: Well, Ken, there's nothing out there that can't wait until January and you know it well. Commissioner Russell: I'll be gone, and if that's the purpose here, to actually take away the last meeting where I would serve -- Vice Chair Carollo: No, that is not the purpose here, Ken. Commissioner Russell: I -- I don't -- Commissioner Reyes: Well. City of Miami Page 166 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: It's not about you. It's not about you. Commissioner Russell: Well it seems -- it's not about me, it's you guys want to take a vacation. Vice Chair Carollo: Well, the purpose here is that -- Commissioner Diaz de la Portilla: You're making it about you. We want to take a vacation. We could meet for four days in January if we have to, you just won 't be here. So it's not -- it's really about you and your last meeting. You've had eight years to do whatever you wanted to do, you haven't done it, and you want to do it in one meeting? Come on, really? Commissioner Russell: Don't flip it on me, you guys want to take a day off. Don't flip it on me. Chair King: Okay, wait. Commissioner Russell: I -- I'm here to do the work all the way to my last day. Commissioner Diaz de la Portilla: You took eight years off Commissioner. Commissioner Russell: And the December -- Commissioner Diaz de la Portilla: You took eight years off. Commissioner Russell: Yeah, I've done nothing for years. Chair King: Okay. Okay. Commissioner Russell: The December meeting is my last day and I intend to show up and work. Commissioner Diaz de la Portilla: I want to move -- Commissioner Russell: I've got work to do. Commissioner Diaz de la Portilla: I want to move to cancel the December 8th meeting. Vice Chair Carollo: Is there -- Commissioner Reyes: Okay, hold -- Vice Chair Carollo: -- is there a motion? Chair King: -- hold -- Commissioner Reyes: -- could I please ask? I know that we have some replats, Downtown Miami, and we have some replats that it is also in -- around the DDA (Downtown Development Authority) and I want to know how that is going to be affected if we don't have that -- that they were coming in the December meeting, how that is going to be affected if we don't have a meeting in December. Vice Chair Carollo: Well, Commissioner, I will tell you that now that -- Commissioner Reyes: Anybody can answer that? Nzeribe? City of Miami Page 167 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Nzeribe Ihekwaba (Deputy City Manager): Commissioner -- Vice Chair Carollo: -- I'm going to make a statement if you'd allow me. Commissioner Reyes: Let me hear Nzeribe first and then I -- Mr. Ihekwaba: Good afternoon, Commissioner, I'm trying to call up the draft agenda for December to know what exactly are the items Commissioner Russell is referring to. Commissioner Russell, if you can do me a favor to remind me -- Commissioner Russell: Chair, the planning director should have our entire list of everything that's going to the PZAB (Planning, Zoning and Appeals Board) agenda in December. Yeah, I mean it's really, really important and I've worked all these years toward my last meeting and I would really ask that this not be my last meeting as a city commissioner because I hadn't planned for today to be my last meeting as city commissioner. I would like to work with you all -- Vice Chair Carollo: This has got -- Commissioner Russell: -- through our last (UNINTELLIGIBLE). If you want to change the date, that's fine if it makes it more convenient, you know, for the body, but I don't want to miss the last meeting I would've served as a city commissioner here with the work I'm trying to do for the community. It's -- it's literally the rezoning for Christ Episcopal Church and their entire block to T4 for affordable housing. That's Thelma Gibson's church. It's literally the rezoning for Casa Valentina -- Commissioner Reyes: Yeah. Commissioner Russell: -- that we've worked on for so long. Commissioner Diaz de la Portilla: But we can do all that without you being here. Commissioner Russell: I don't know that -- Commissioner Diaz de la Portilla: But -- but -- Commissioner Russell: -- and I'm the champion for it because I've brought it here. Commissioner Diaz de la Portilla: -- you could talk to us. Commissioner Russell: I can 't lobby you after I leave. Chair King: Is there -- Commissioner Diaz de la Portilla: No, but you can -- Chair King: -- a possibility that we could have a meeting in January, on January 3rd? Commissioner Diaz de la Portilla: I could do a meeting on January 3rd. Commissioner Reyes: January 3rd? Vice Chair Carollo: Chair. Commissioner Diaz de la Portilla: On the 3rd, yeah. City of Miami Page 168 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Reyes: Oh, I mean -- Vice Chair Carollo: Yeah if need be. Commissioner Reyes: -- most people -- Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: -- classes don't start and I -- I mean, until later on, and some -- most people -- I, for one, after Christmas, I take off. Commissioner Diaz de la Portilla: So, his resignation -- is your resignation effective at noon -- I mean on midnight on January 3rd? Commissioner Russell: (INAUDIBLE). Commissioner Reyes: No. Commissioner Diaz de la Portilla: No you're not. No you're not. Commissioner Reyes: No, your resignation is due when -- when -- when the person that was elected swears. Commissioner Russell: It's when 1 wrote my letter for, so. Commissioner Reyes: That's right, it is -- it is -- Vice Chair Carollo: No. Commissioner Reyes: -- it is when -- when -- if not -- your resignation, if I read it right, it is not -- not effective until the Congress is sworn in because when is Congress sworn in? February, right? Commissioner Diaz de la Portilla: No, Congress -- Todd B. Hannon (City Clerk): January 3rd -- Commissioner Diaz de la Portilla: -- January 3rd -- Vice Chair Carollo: January. Mr. Hannon: -- 2023. Commissioner Diaz de la Portilla: -- I think, or the 4th. Commissioner Reyes: January the 4th? Commissioner Diaz de la Portilla: Yeah, because -- because that's why he resigned on that day, because -- Commissioner Reyes: On that day. Commissioner Diaz de la Portilla: -- once the -- his successor, but I think -- look, I think we take a vote. I think I'm the acting chair now. Are you the acting chair, Commissioner Carollo? If you're listening. She just gave me the gavel, that's why I'm. wondering. City of Miami Page 169 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: So, sir, should we take a vote on cancelling the meeting? Vice Chair Carollo: I'm the acting chair. So, there's a motion, there's a second. All in favor -- Commissioner Diaz de la Portilla: There's a motion and a second. Mr. Hannon: Chair, I'm sorry -- Vice Chair Carollo: All in favor, signify by saying "aye." Mr. Hannon: -- the mover was Commissioner Diaz de la Portilla, seconded by who? Commissioner Diaz de la Portilla: Commissioner Carollo. Mr. Hannon: Okay. Commissioner Diaz de la Portilla: Or Reyes, I believe. I'm not sure which. Commissioner Reyes: Yep. Victoria Mendez (City Attorney): And we may need to open public comment. Commissioner Diaz de la Portilla: Alright, so we're going to open up public comment for the cancellation of the meeting. Any public comment? Commissioner Reyes: Well, I -- I want to know, because we have a lot of plats, we have a lot of things to do. I mean, what can we have just a short -- I mean, very short, just for those -- Commissioner Diaz de la Portilla: The problem is that Commissioner Carollo wants to visit his grandkids and he -- Commissioner Reyes: Oh, yes. Commissioner Diaz de la Portilla: -- it doesn't matter whether it's an hour -- Vice Chair Carollo: I made a state -- Commissioner Diaz de la Portilla: -- or a day. Vice Chair Carollo: I made that statement that it would facilitate it for me. Commissioner Diaz de la Portilla: Yeah, it doesn't make a difference whether he has to be here or not. Vice Chair Carollo: If it's possible. Commissioner Reyes: We're allowed to do it on Zoom. Vice Chair Carollo: No. Commissioner Diaz de la Portilla: I think we cancel it and we -- City of Miami Page 170 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Vice Chair Carollo: You're not. 1 -- it's not quite like that, Commissioner. Commissioner Reyes: Yeah. Vice Chair Carollo: I'm able to do it today for other reasons. Commissioner Diaz de la Portilla: Good afternoon, sir, you're recognized. Steve Wernick: Good afternoon. Steve Wernick, address 320 Miracle Mile, Wernick and Co. I'm also a resident, 2501 Swanson Avenue. To the point that Commissioner Reyes was making, you often have plats, right-of-way dedications that have to come to commission that might hold up a building permit from being issued. 1 know there's text -- there's a text amendment that came last meeting that's supposed to come back in December that is tied into certain projects with balconies. It's a six -- Commissioner Diaz de la Portilla: Does a month change your life? Really? Well, three weeks? Mr. Wernick: I'm just saying if to the extent there is a possibility to have a meeting in December, I -- there's not all that many people here, I know there's some people that could be affected by timing. I don't know what all the implications are, but, you know, there's those kinds of items that often are not even discussed much here that are passed quickly -- Commissioner Diaz de la Portilla: Thank you. Mr. Wernick: Those kinds of things. Commissioner Diaz de la Portilla: Thank you. Commissioner Reyes: Can we do it in the first week -- I mean the first day of December? Commissioner Russell: I'm not available in January. Vice Chair Carollo: I haven't even heard -- Commissioner Diaz de la Portilla: Let's -- Luimar Zibetti Garza: Luimar Zibetti Garza, homeless. Vice Chair Carollo: Excuse me. Commissioner Diaz de la Portilla: Let's recognize her. You're recognized, how are you? Mr. Zibetti Garza: I think it's despicable that you suggest for the last meeting for Ken Russell, who has been actively helping people here in the Coconut Grove, for you to backstab him like this? How dare each of you? Shaine on you. This is a man -- you come to December every year. You have your calendars pre planned for an entire year, if not more, and this morning you deferred everything to December, you had a full house, now everybody's gone, now you're doing the backstabbing? And saying because of holidays? Shame on you. Mr. Russell, I hope you understand that when you leave this dais, or this podium, that you have become a private citizen and that you help us to get rid of this swamp. Thank you. City of Miami Page 171 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Diaz de la Portilla: Thank you, ma'am. Eric, how are you? Good morning -- afternoon. Eric Zichella: I'm doing fine. Just working. Eric Zichella, 2100 Coral Way. I appreciate the -- the desire to spend more time with family around the holidays, I get it. Every action that you all take on this dais has an impact on the businesses and the residents that are before you on those items. Many of these issues that are before you, people have been waiting for resolutions, trying to get those resolutions completed before the end of the year. Before the end of the year has an impact on businesses that doesn't have an impact on government. So, we would just ask you to please, please, please, Commissioner Reyes, consider that and have the meeting. It's one meeting. These meetings can go very fast if you -- if you run the business efficiently. We would ask you to just please consider that. For Commissioner Russell, I totally feel for you. If this would be your last meeting, I'm sorry if that happens. I know any member that sits on the dais that spends four years, six years, eight years, sitting on the dais, if they would have their last meeting yanked away from them, they'd be sort of upset about it too. So, I feel for you and I'm sorry if that happens to you. Commissioner Reyes, we would just please ask you to please consider the impact on businesses if items don't get completed before the end of the year. Commissioner Diaz de la Portilla: Iris, and then I'll pass the gavel on back to the chairwoman. Iris Escarra: Iris Escarra, 333 Southeast 2nd Avenue. Just for general business purposes, one of the things that you all do that may not be like a hot topic is right-of- way deeds. We can't get building permits if the right-of-way deeds are not accepted by this commission. So, if there's a way that maybe November 29th you guys hold a special meeting and take up maybe just some preliminary, items that are time sensitive, like moving it forward, so you take the whole month of December off is a possibility -- Commissioner Reyes: That's what 1 was saying. Ms. Escarra: -- something -- those -- those actions really keep things turning for us. I want to be respectful of the December time. You guys need a break. You guys are like 24/7, I get it, but if there's a way that we can adjust it a little bit, that would be very helpful. Commissioner Reyes: That was precisely what I was trying to say, you know, but I -- I cannot, in a clear conscience, vote because I know that this going to affect a lot of projects and replatting and all of that, and there's a lot of people that have been waiting for this meeting for their items to be passed, you see? Commissioner Russell: PZAB (Planning, Zoning and Appeals Board) is on -- Vice Chair Carollo: Chair, may I speak? Commissioner Russell: -- December 7th and our City Commission meeting is on the 8th. That's literally the first week of the month and then we're free after that. I would really love for us -- Vice Chair Carollo: Chair. Commissioner Russell: -- to take up the December 8th meeting. Vice Chair Carollo: Chair, may I speak? City of Miami Page 172 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 Commissioner Russell: Even if it's an abbreviated meeting. Chair King: Please. Go ahead. Vice Chair Carollo: Chair, may I speak? What I have heard here is a lot of politics with people defending individuals that they want to defend for whatever their reasons are. This is not about an individual. It's not about Mr. Russell. What I haven't heard is any specific address that's going to have all the impacts that they're throwing out that -- that they're claiming that would impact the meeting. Not one address that this property is going to be affected. And this is why I'm really bothered by this. You know, 1 don't want to get into the tit for tat, because I want Mr. Russell to finish his term in a pleasant, warm way, in a meeting, but to be claiming that he's got to do this, he's got to do that, and in the time that he's been here, he's spent more time trying to run for something else the minute he got here because he didn't want to serve his area. And then Ms. Gibson and the Episcopal Church, what he says he needs to be done there. She's gotten up herself in this commission to tell the story of how it was Joe Carollo that took her by the hand, to bring her and convince her so we could appoint her as city commissioner. And that would get done. I'll be the first to raise my voice and make sure that gets done in Little Hav -- Little Bahamas. The fact that in a time of the year that some of us do go all out for our constituents and make sure that every possible family that needs their Christmas basket and Christmas staples gets it, and we got to work tremendously for it, to accomplish it. And at the same time, that cuts into our whole time that we got left in Christmas where I can't go, normally, like maybe some others could during Christmas Eve or Christmas, to go see my family because the minute I'm done with that, I have the responsibility, for the whole city, of making sure that we're going to have a New Year's Eve celebration in Miami. It's the second biggest in the country, and when Commissioner Diaz de la Portilla brought that up, I mentioned that it'd be nice if I could take that time before to see my grandkids and my kids. This has nothing to do with Mr. Russell -- Commissioner Diaz de la Portilla: Nothing. Vice Chair Carollo: -- whatsoever. Commissioner Russell: Madam Chair? Commissioner Diaz de la Portilla: So I'm -- Commissioner Russell: No, I'm sorry, Madam Chair? Commissioner Diaz de la Portilla: -- I move that we cancel -- Vice Chair Carollo: Now -- Commissioner Diaz de la Portilla: -- I move that we cancel the meeting. Commissioner Russell: Madam Chair? Chair King: Hold on, let Commissioner Russell speak. Well, someone's walking up. Commissioner Russell: Madam Chair, this -- this is not about me. And I appreciate the sentiment from folks who spoke, but this is not about me. This is about us as a body, and we haven't always agreed on many things. There's a lot of things we disagree on, but we get the work done. We do the work. Even though we fight, we've still gotten the work done, and I'm very proud of the work we've done over the last seven years while I'm here, and as each of you have come on. My ask is that we finish the work that I've been set out to do. I set the date of my resignation specifically so I City of Miami Page 173 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 could have the last meeting with the things, and we've been rushing them. We've been trying to get them. Commissioner Reyes: 29th. Commissioner Russell: But, I see the will of this dais and where it is. You all want to cancel this meeting so you can take December off. To me that's disrespectful to our residents. Commissioner Diaz de la Portilla: I think what you do is disrespectful. Commissioner Russell: And just -- out of just simple -- please, let me finish because this is the last you're ever going to hear from me. Commissioner Diaz de la Portilla: I don't know about that. Vice Chair Carollo: I doubt it. Commissioner Russell: The simple cordiality of this body to each other, to respect each other's ability to get the work done for our residents is being thrown in the garbage right now. So, you can expect my resignation to be rewritten this afternoon and count it for today, because I'm done. This is an absolute farce. Thank you. Sue McConnell: If I may speak. Commissioner Russell: It's been a pleasure working with all of you. Ms. McConnell: No, Ken, Ken. (COMMENTS MADE OFF THE RECORD) Ms. McConnell: I think if it were anyone else, because it's Ken, he's being treated this way. I'm the president of Village of Center Grove. We've got three commissioners in the Grove now, Ken's been here for eight years and it's a personal thing more than anything else. He has a lot to finish in December and I think what you're doing is -- is unbelievable. You wouldn't do it to anyone of you, but sit in your office while there's public comment going on, you come in late, and then you treat someone who's here every time that way, I think it's despicable. Thank you. Vice Chair Carollo: Chair, I thought -- Commissioner Diaz de la Portilla: I move we cancel -- Vice Chair Carollo: -- public -- Commissioner Diaz de la Portilla: -- the meeting for December 8th, Madam Chair. There's a motion. Victoria Mendez (City Attorney): Madam Chair, if we could -- Vice Chair Carollo: Second. Ms. Mendez: -- reschedule it -- this meeting to the January meeting, just to -- Commissioner Diaz de la Portilla: So, I move that we reschedule to the January meeting, the December 8th meeting. City of Miami Page 174 Printed on 04/15/2024 City Commission Meeting Minutes November 17, 2022 NA.3 13005 City Commission ADJOURNED Ms. Mendez: Thank you. Chair King: Do I have a second? Vice Chair Carollo: Second. Chair King: All in favor? Commissioner Diaz de la Portilla: Ave. Chair King: Aye. Vice Chair Carollo: Aye. Chair King: Commissioner Russell's not here. Todd B. Hannon (City Clerk): Motion passes 3-1. The meeting for December 8th has been rescheduled to January 12th, 2023. DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE IRREVOCABLE RESIGNATION LETTER FROM COMMISSIONER KEN RUSSELL. RESULT: DISCUSSED Vice Chair Carollo: Excuse me, can -- before it's concluded, Chair. Chair King: Yes? Vice Chair Carollo: I just need to make one last statement. I'm sorry. I've been -- want any meeting for a commissioner as their last one to end in the tone that it did today, but Mr. Russell chose that. I never brought this up before because I didn't want to affect his election results for congress by anything negative, but the people took care of that. The people within his own party. If Mr. Russell had the caring that he claimed a little earlier for the residents of the Grove, and for that matter, the rest of the City, he would have resigned, effectively, in enough time for us to have been able to have an election for his seat this November, where it would not have cost the City of Miami any additional monies. Whereas now, we might be facing the possibility that it is going to cost the City money for a special commission meeting because Mr. Russell has always put himself first, above anything else. Whether it's the residents, Coconut Grove, or the City of Miami. I have nothing more to say. Thank you. Chair King: Meeting adjourned. The meeting adjourned at 4: 37 p.m. City of Miami Page 175 Printed on 04/15/2024