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HomeMy WebLinkAboutCC 2016-10-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 74 • S•' 1r * INC°RP °RATED 1806 Meeting Minutes Thursday, October 27, 2016 9:00 AM Planning and Zoning City Hall City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 27, 2016 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 27th day of October, 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:02 a.m., recessed at 12:04 p.m., reconvened at 2:11 p.m., recessed at 7: 09 p.m., reconvened at 8:18 p.m., and adjourned at 8:18 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9:08 a.m., Commissioner Suarez entered the Commission chambers at 9:12 a.m., and Vice Chair Russell entered the Commission chambers at 9:17 a.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the October 27, 2016 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wedo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer, and the pledge of allegiance will be led by Commissioner Carollo. Everybody rise, please. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1223 Honoree Presenter Protocol Item 13 Latino Art Beat Winners Mayor Regalado Certificates of Merit Don Rossi Nuccio Mayor Regalado Proclamation Ann Machado Mayor Regalado Proclamation 7 Homeless Veterans Task Force Mayor Regalado Certificates of Appreciation Service Milestone Awards Mayor & City Manager City of Miami Pins Timothy Schmand Mayor Regalado & Salute Commissioner Carollo RESULT: PRESENTED City of Miami Page 1 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 1) Mayor Regalado presented Certificates of Merit to winners of the 2016 Latino Art Beat competition for their extraordinary artistic talents and outstanding contributions to the elevation of creative expression; further honoring their dedication to this challenging undertaking that celebrates youth, art and Hispanic heritage and culture. 2) Mayor Regalado presented a Proclamation to Don Rossi Nuccio who co-founded and established Latino Art Beat in 1998 as a not -for -profit arts organization that encourages the artistic talents of young Latino high school artists, photographers and filmmakers; furthermore paying tribute to his invaluable civic contributions and proclaiming Thursday, October 27, 2016 as "Don Rossi Nuccio Day." 3) Mayor Regaldo presented a Proclamation to Ann Machado, founder of Creative Staffing, one of the fastest growing private companies in the United States; recognizing her dedication to community engagement and service for over thirty years; furthermore honoring and heartily commending her for her invaluable contributions to our commonwealth and proclaiming Thursday, October 27, 2016 as "Ann Machado Day." 4) City Manager Alfonso presented Service Awards to various City of Miami employees for their 25, 30 and 35 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. 5) Mayor Regalado presented Certificates of Appreciation to Lieutenant Colonel Antonio Colmenares USMC (Ret) recognizing his dedication and commitment as a member of the City of Miami Homeless Veterans Task Force; furthermore commending him for his key contributions in planning and executing the second annual City of Miami Homeless Citizens' Stand Down event held on October 14, 2016 at Lummus Park. 6) Mayor Regalado and Commissioner Carollo presented a Salute to Timothy F. Schmand, recognizing him for his tremendous service and dedication to residents and the Bayfront Park Management Trust; furthermore applauding him for being a pillar of reliability for more than a quarter of a century in the City of Miami and honoring his outstanding professionalism and devoted service. Vice Chair Russell: We will now begin our presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 Special Meeting of June 22, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 2 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 AM.2 First Budget Hearing of September 6, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez AM.3 Regular Meeting of September 8, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Is there a motion to approve AM.1, AM.2, and AM.3, the meeting minutes ofJune 22, September 6, and also September 8? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Is there any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: So at this time, I'm going to open the floor for public comment. This is the public comment section of the -- our agenda meeting. So if you are here to speak on any item that is from the consent agenda, public hearings, on second reading, on first reading, or any resolutions, which are RE items, this is your time to be heard on those items. So once again, I'm going to open up the floor for public comment. So if you want to speak on any of the agenda items that are not Planning & Zoning items, please approach the lectern so that you can speak. We do know that you have two minutes to speak; state your name, your address, and identify which item that you're here to speak about. So if you're here to speak on any item on the agenda, regular agenda, please step to the lectern at this time. You're recognized, sir. Brett Bibeau: Good morning. Thank you. Bret Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street; here to read into the record a letter from our chairman, Horacio Stuart Aguirre, in support of approving agenda item PH.3. A clean and fresh -smelling waterfront is vital to economic growth, tourism, and quality of life; therefore, on behalf of the Miami River Commission, I strongly recommend approval of PH.3, renewing the contract for the excellent services provided by the Scavenger Water Decontamination Vessel throughout the entire City of Miami. This allocation was already included in the City of Miami Page 3 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 City's adopted fiscal year '16-17 budget, which was approved by the City Commission in September. The Scavenger Vessel removes floatable debris, and every hour decontaminates 600,000 gallons of water, and injects 150,000 liters of oxygen into the waterways. This significantly improves water quality, aesthetics, and removes foul odors. This invaluable and necessary service is provided along all of the waterfronts of the City of Miami from Coconut Grove through downtown Miami and up to the Upper Eastside; the Miami River and its tributaries are included. The Miami River is a destination landscape for residents and tourists alike. The Miami River has over 10,000 residences, 15 restaurants, 10 public parks, 6.5 miles of constructed public river walk, et cetera. All appreciate and benefit from the Scavenger Vessel's continued excellent services, being successfully provided under several contracts with the City of Miami for over 14 years. The City of Miami owns and is responsible for over 100 storm water outfalls that drain into the Miami River, which is protected by the Biscayne Aquatic Preserve Act. Considering that taxpayers recently paid for the successful completed Miami River Maintenance, Dredging, and Environmental Cleanup Project, its continued maintenance, removal of new debris, water decontamination, and the oxygenation provided by the Scavenger Vessel is critical. Please find the attached support letters for the Scavenger Water Decontamination Vessel from the Florida Department of Environmental Protection and the United States Coast Guard. Your support for the Miami River District is sincerely appreciated. Chair Hardemon: Thank you, sir. Mr. Diggs, you're recognized. William Diggs: Good morning, Mr. Chair and members of the Miami City Commission. My name is Bill Diggs. I reside at 100 South Biscayne Boulevard, Miami, Florida 33131. I'm here as the president of the Mourning Family Foundation, and presently, we are the lessees of a building in Overtown called the Overtown Youth Center. And in today's environment, the Overtown Youth Center presently has about 23,000 square feet and two buildings. I work at the pleasure of the board of the Mourning Family Foundation. Our major challenges is this: We have a waiting list of children that want to use our services and our facilities. We have fortunately been a victim of our own success, in the sense that right now we're able to, with the capacity of the building, serve only 500 children. We are looking to extend the lease of the building that we have so that we can double the size of the building so that we can serve closer to 750 to 800 children at that facility. While we're growing, the need in Overtown, needless to say, is growing. We've got kids that want to have a successful life. We have families that need our support and our help, and all we're merely asking to do is to come to this august body and have the resolution ofRE.6 to be approved so that we can continue our negotiations with the City to make sure that we can expand the size of our building. And I have before you a small rendering in regards to what we expect for it to look like, if I can pass it to you. Thank you, Commissioner. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Esther Alonso-Luft: Good morning. My name is EstherAlonso-Luft. I'm the owner of Virginia Key Outdoor Center, at 3801 Rickenbacker Causeway. And I'm here today in regards to item -- Resolution 1092, which is the license agreement for NMMA (National Marine Manufacturers Association) to access Virginia Key Beach Park; not the historic park; the park next door. I do have a lease with the City. And during last year's event, we were not allowed access to our facility. Our customers were asked to pay at the entrance to pay Boat Show fees. We were not provided access. We had to make a line to come in. When I insisted on going in, I was nearly arrested. There was an enormous amount of damage to the field, the green field that was adjacent to us, and I have images -- I have pictures I brought from the event for you to look at, and I'm happy to pass them along. The vehicles that were staging just City of Miami Page 4 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 next to us took a, again, green grassy field and turned it into a trampled -down mud pit. We had to deal with the issues that came as a result of that. After the event was gone, we had a dry area. And every time the wind blew, the dust just -- it was just a gigantic dust cloud. We didn't have heavy rains immediately after, but the pitting in the trenches left by the heavy vehicles on the ground, if that were to happen this year, I would be concerned about puddling and having mosquitoes breeding in that fresh water, and that's something that we're very sensitive to, being that we are primarily in the tourism business. Visitors to the park didn't have direct access. My sales were almost nonexistent. It was primarily the individuals that came out to serve as make -shift buoys for the area that was missing buoys that rented some equipment from us and went out. The vehicles, the trucks that ride up and down the road were traveling at an incredibly high rate of speed; there was no control. There were insufficient bathroom facilities for guests and for vendors in the park, and they were coming over to our center to use our facility; again, no compensation to us. It's at my cost. The cleaning was enormous. I had equipment that was damaged, and I can't tell you specifically why. I believed it was a truck that was moving through that hit my trailer and damaged two brand-new paddle boards. And I'm just -- I know I only have two minutes. I'm trying to summarize it as best I can. There was no coordination, and there still has been no coordination regarding access or travel into our facility. And I don't see why we should be suffering and shut down when NMMA is doing their business. I mean, I'm not their investor; I don't benefit from them, and I shouldn't be affected by their lack of planning. Chair Hardemon: Okay. Thank you. Vice Chair Russell: Mr. Chair, I just have a question. Chair Hardemon: Sure. Vice Chair Russell: Hi, Esther. Ms. Alonso-Luft: Hi. Vice Chair Russell: Thank you for this. These are all very reasonable complaints that I would love to have really sat down with you a long time ago, because the Boat Show is coming up soon. The Manager is putting together a list of learnings from last year, and what changes we'll be implementing to improve, and one of the big complaints we had from last year is public access; not only during the Boat Show, but throughout setup. And so I didn't realize there was actually limited access to your concession on the other side of the island and what those effects were. So, Mr. Manager, you've taken note of these issues? Are we addressing those specific access and parking issues that Esther's brought, or have you heard of those before? Daniel J. Alfonso (City Manager): We've heard her concerns. We will address them, sir. Vice Chair Russell: Thank you, sir. Thank you, Esther. Chair Hardemon: Thank you very much, ma'am. Ms. Alonso-Luft: Thank you. Would you like the pictures or --? Chair Hardemon: Yeah. You can give them to the Clerk. Ms. Alonso-Luft: Thank you. Chair Hardemon: Sure. Thank you. Sir, you're recognized. City of Miami Page 5 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Frank Rollason: Good morning. My name is Frank Rollason. I'm the manager of North Bay Village, neighboring community just to your east, off 79th Street. I'm here to speak on RE.11, but just before, you know, this is like old home (UNINTELLIGIBLE) to come back here after being away for quite a while. Chair Hardemon: Welcome. Mr. Rollason: Willy sitting there smiling. The number of trips we made to New York after Hurricane Andrew with the bonding rating people. And I remember one of you as a little boy with the daddy when we worked together, so -- and your brother. Keon, when -- during campaign times, and I've had one brief meeting with Ken, and I certainly congratulate you on your position, and do well for your community and the City. Vice Chair Russell: Thank you, Frank. Mr. Rollason: You know, when you stand back and you look and you come from another community and not -- now involved with two communities; one is in very desperate shape in Opa Locka, and you get to see, to appreciate what you should appreciate here, what you have. How professional this City is presented to the public is something that you should be envious of because it doesn't happen everywhere. I'm here with one of our Commissioners, Richard Chervony, who has really spearheaded this project. It started before I became the Manager over there. Basically, what it boils down to is, there is a section of the 79th Street Causeway, on the other side of the 79th Street Bridge, that is part in the City of Miami and then abuts up to North Bay Village, and it's largely not taken care of and so forth. And what we would like to do is bring it into North Bay Village and improve it, make it an entrance into our community, make it a grand entrance; landscape it, light it, that type of thing. And it would also be a great entrance into the City of Miami, coming the other way. So if you see it in your heart to do this, it'd be great; and if you could even see it in your heart to move it up a little further on the agenda, that would even be better. Chair Hardemon: Take (UNINTELLIGIBLE). Mr. Rollason: Thank you very much. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Marleine Bastien: Good morning, Mr. Chair, members of the Commission, City Manager and staff and distinguished guests. My name is Marleine Bastien, 100 Northeast 84th Street. As you know, Mr. Chair and members of the Commission, the Obama Administration, on September 22, 2016, changed its policy that he adopted after the earthquake, the 2010 earthquake, to let Haitian refugees stay here, pending an improvement of in -country conditions in Haiti. Without any meetings or previous discussions with the Haitian American Leadership, on September 22 we started getting calls from journalists, and we heard that the policy has changed; and that starting immediately, the Obama Administration will start jailing or detaining Haitian refugees. I must say that since May 2016, Haitian refugees who went to Brazil, who were invited in Brazil were forced to leave, as a result of the political instability in Brazil. This is -- Haitian refugees went through so much to get to the U.S. (United States) from Brazil and Venezuela. They traveled to Peru, mainly on foot; Ecuador, Columbia, Panama, Costa Rica, Nicaragua, Honduras, Guatemala, and Mexico. By the time they get to Mexico to cross to San Diego, they are tired, they are weary; their bodies are breaking; their feet are swollen; their spirit is, you know, high, because they realize that even though they are tired, they are broken, but City of Miami Page 6 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 they are so close to get to the land of the free, only to find out that they will be detained. So as of today, there are over 2,000 Haitian refugees detained in San Diego, Texas, and in other countries -- I mean, in other states around the U.S. So we are here to support resolution R.12 [sic], sponsored by Chairman. Thank you so much for your leadership, Chairman, and for all of your leadership to support this resolution to allow these refugees to stay, and to ask President Obama to expend temporary protected status to -- so that these refugees who went through so much, who went through so much can stay. And we have one of them who went through this voyage, and he's going to tell you just a little bit about how it was. He just got here. As you can imagine, he only speaks Creole, so if you don't mind, I'll translate for him? Chair Hardemon: Okay, that's fine. Marleine -- Ms. Bastien: Yes. Chair Hardemon: -- can you take the microphone, so he can speak into the microphone, and then you can speak into this. Ms. Bastien: Thank you, Chairman. Chair Hardemon: No, no. You speak into this. Ms. Bastien: Yes. Chair Hardemon: And then he speaks into -- Sematus Chedulintz (as translated by Marleine Bastien): I'd like to greet the assembly. My name is Sematus Chedulintz. I came from Brazil. I'm an immigrant. I was living in Brazil. I was there for five years. Because of the political problems there, no possibility to work. I was there with my family. We just could not stay there. The life there was getting harder and harder. And I had a lot of friends in Brazil from Africa who told me that there is a way -- there was a way to get to the U.S.; and if I got to the U.S., life would be changed for me, life would be better for me. The voyage was not easy. I went through 10 different countries to get here. We suffered a lot: rain, the sun. We went through a lot to get here. Sometimes we slept in the forest with the animals for days. Thank God, we didn't die. Thank God, we didn't die, and we made it here. So I'm here to ask you and other institutions to help us get temporary protective status so we can stay. And so, we're asking that -- and there are a lot of us detained, in jail, and then they are not freed. We don't know what's going to happen to them, if they are going to be deported. We hope that they can stay. So these are family members: mothers, fathers, children, women, so we are asking that the government free them from detention and allow them to live here. That's what I'm asking. I'd like to thank you. If you could think about this and see how you could help us; see what you can do to help the Haitian refugees. I thank you in advance for that. Thank you. Chair Hardemon: Thank you. Ms. Bastien: Thank you, Chairman. Chair Hardemon: Thank you very much. Are there other --? Ms. Bastien: That's about it. Thank you. Chair Hardemon: Okay. Thank you so very much. City of Miami Page 7 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Bastien: Yes. We appreciate it. And then we have -- I'm going to leave this with the Clerk. Chair Hardemon: Sure. Ms. Bastien: We have some of the ask. Chair Hardemon: Sure. Ma'am, you're recognized. Ashlee Thomas: Thank you, Chairman. My name's Ashlee Thomas. I am with the nonprofit, MUCE (Miami Urban Contemporary Experience) Educates. We are with the PH.4 resolution, so I just wanted to step to the dais. Thank you so much for recommending us for anti poverty fund allocation. One of our calls have been to make sure that our arts workshops and education opportunities are available to local residents. We found that there are arts administration opportunities that are available, and a lot of times our residents just don't know, or are not ready or prepared to take these opportunities. So we've taken a call to make sure that they're educated, they're at a competitive level to compete for arts administrative jobs that are around in the County, as well as our arts education workshops for our local artists. There's a call in Miami. We know that tourism and arts are a huge industry here, $1.1 billion industry, and many times -- and I won't say "all the times" -- but many times our local artists don't know how to get into these fields. So our arts education programs provide them opportunities to get exhibition -ready, provides administrators -- perspective [sic] administrators to get into the field of arts and culture. So we want to thank you and -- for the floor, and you guys have a great rest of your day. Chair Hardemon: Thank you very much. Vice Chair Russell: Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Michael Clarkson: Yes. Good morning. Sir, my name is Michael Clarkson. My address is 9475 Northwest 20th Avenue, Miami, Florida. And just good morning to all of you honorable people. I'm just here this morning to support the resolution for the Haitian refugees, as a private citizen. I don't represent no organization or anything like that. But I would like to say, it goes along with the spirit of compassion in America. We do have compassion for people who are suffering, and these people are suffering. And I don't know if the resolution is enough, you know. We need federal help here, but maybe the resolution itself will speed up the process. So I just want to ask y'all, beg y'all -- you know, these are human beings; they deserve a right to freedom. You know, freedom here in the U.S. is precious to all of us, you know. It's part of our Constitution. It's part of our daily life. So if we just extend this to these poor refugees, I think we'll be doing a lot to save humanity. Thank you very much for your time. Chair Hardemon: Thank you very much. I want to adopt what he said for when it's time for me to speak. That was great, sir. I appreciate it. Thank you. You're recognized, ma'am. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. This time I want to speak as the chair of Fair Immigration Committee for the Community Relations Board in the County. We fully support RE.12, and shortly, you guys will be receiving a letter from us supporting this resolution. The resolution is not just needed, but I think it's fair. Our neighbors our sisters, our brothers, are having a really hard time. And unfortunately for them, they has to do the same City of Miami Page 8 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 travels of all those immigrants from South America, Central America has to do to come to this country. But in these times, they are suffering more than just it was a earthquake; now it was a hurricane. So at least, in that sense, we support RE.12, and you guys will receiving a letter very shortly recommending this board to please hear the cry of our Haitian community and support them; not just in the County, but for all you legislators that work for the City of Miami, to recommend Tallahassee and Washington to -- this has to stop. We have -- deporting more people in the past seven years out of the -- imagine, the entire history of United State [sic] has done. In seven years, we have send back more people than ever in our history. And immigration is not a Haitian problem; it's a lot of other countries, but right now they are the ones need us the most. So I recommend you guys to please hear our plea and approve that resolution. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Rhoda Louissant: Good morning. Good morning, Chairman and good morning, Commissioners. My name is Rhoda Louissant, and I'm speaking on behalf of my cousin, who's presently being detained in San Diego. He came along with his wife and his child, who's about eight months old now, and right now the child is living with my mom and the wife is with my mom, but right now he's currently detained. And it brings a lot of heartache to my family, because this mother is now raising a child on her own because the father is being detained right now; at risk for deportation. It took him about three months to get here. He -- the road he took was long. The road he took was hard. And our family cannot bear the thought of him going back to Haiti. So we do want you guys to see what you guys can do to reverse the policy to give them protective TPS (Temporary Protected Status). Thank you. Chair Hardemon: Thank you very much. Sir. Elvis Cruz: Good morning, gentlemen. Elvis Cruz, 631 Northeast 57th Street. I wish to thank this Commission, especially Commissioner Suarez, for initiating RE.13, 14 and 15. It's wonderful to see public interest items like that coming before the Commission, and I do hope they all pass. RE.7 has been deferred; although, I did want to mention a thing or two about it. I'm concerned about it, and a number of citizens are, because it would expand the Miami Parking Authority's role in our public parks. The Miami Parking Authority has had serious issues in the past. In fact, in 2011 this City initiated a bond question -- excuse me -- a ballot question to take it over. Most recently, the Parking Authority placed a pay -to -park zone along Northeast 4th Court in the Palm Grove neighborhood, which caused immediate spillover parking from the commercial zone into the residential. Long story short, after many emails and a meeting with the Mayor, it was found out that the Parking Authority did not have prior approval to have placed that paid parking zone, even though they told us that they had. They've been directed to remove the signs, but we have reason to believe there are numerous other paid parking zones around town that were established without prior approval from the City Administration. So I'm here to ask you for two things: One, initiate an investigation into all of this, and see if they did receive prior approval for those other paid parking zones that have caused tremendous problems with spillover commercial parking -- Coral Way, 8th Street -- every commercial corridor that has paid parking zones on it. And two, most importantly, I'm asking you to initiate legislation to remove paid parking zones, and prohibit them on any street within 500 feet of a T3 neighborhood. There's much precedent for this in Miami 21. There's a number of parking situations where parking exemptions or parking waivers are not allowed within 500 feet of T3, for the simple reason because it would cause spillover parking that would harm your constituents, our neighborhoods, our City. So please initiate that legislation. Thank you. City of Miami Page 9 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Thank you. Sir, you're recognized. Ovida Alva (as translated by Marleine Bastien): My name is Ovida Alva. I live at 94 Northwest. The most important thing for me is that there are three important things that are going on in Haiti right now. Hurricane Matthew destroyed the entire south peninsula. Now there's been rain. Since Hurricane Matthew rained -- wreaked havoc in the island, it's been raining every day. As we speak, it is raining. The water keeps rising; and then people, they don't have any homes. You probably saw it. And I believe that most of the people who came from Brazil came from the countryside, from the villages. If they are deported, where are they going to sleep, where are they going to live? Yes, so these brothers and sisters are refugees, because they don't have any place to go to. So that's why I think that the Obama Administration -- it seems to me, it should be automatic that these refugees are freed first, and if they -- if he frees these refugees, it will be a first step toward humanity. Thank you so very much. Chair Hardemon: Thank you. Sir, you're recognized. Miguel Soliman: Good morning, Commissioners, Chairman. Miguel Soliman, 1436 Southwest 6th Street. I'm here to speak in support of several items. Of course, our Haitian communities, they're our brothers. This country is based on immigrants. It's the foundation of our country. And they need our full support. They need -- they're our brothers. They're our brothers and sisters, and we should be there to help them in any way we can, first of all. Thank you. Secondly, I'd like to speak in support of items CA.5 and CA.6, to support grants for our trolley system from the State. I think that's very important. Our trolley system needs to expand. It's doing very well. It's a great service to our community, and State grants would be a great asset to that program. Second, I'd like to speak in support to items RE. 1 through RE.5. RE.1, the Boat Show. I'm very much in support of the Boat Show and of hosting the Boat Show in Virginia Key. I think it's been a tremendous success. Last year, it was proven, and I think it would be great for our community, and it would be a continued project that would be excellent for our community. And then last, I'd like to speak on support of SR. 1. I feel that's also a very important item. It basically speaks to an affordable housing, and it gives priority to our City residents. I think, if we're going to be building City housing -- affordable housing in our City, we should give our residents that reside here in our City priority in those projects. Thank you very much for allowing me the time to speak. Chair Hardemon: Thank you very much, sir. Is there any other person that would like to speak on public hearing -- public comment time? Seeing none, I'll close the public comment at this time. MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: And also, for clarity of the record, there were no mayoral vetoes; correct, Mr. Clerk? Todd B. Hannon (City Clerk): That is correct, sir. END OF MAYORAL VETOES City of Miami Page 10 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 ORDER OF THE DAY Chair Hardemon: We will now begin our regularly scheduled meeting. The City Attorney will state the procedures for the meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with 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 this Code section about lobbyists is available in the City Clerk's Office or online on www.municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling or verbal outbursts in support or opposition to any speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Thank you. Chair Hardemon: Thank you very much. Later... Chair Hardemon: Are there any items that anyone -- Well, first of all, the Administration. Is there any item that you would like to withdraw, continue, or defer? Daniel J. Alfonso (City Manager): Yes. Mr. Chairman, good morning. Good morning, Commissioners. The items that we would like to defer: Item FR.1, we City of Miami Page 11 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 request that it be deferred to November 17; item FR.2, wed like to defer to the December meeting; item RE.7, move to the November 17 meeting; items PH.6 and RE.17, also defer to the November 17 meeting. Commissioner Suarez: RE.7 and what? Commissioner Gort: PH.6 and 19. [sic]. Commissioner Suarez: I just heard RE.7. Chair Hardemon: Can you start --? Mr. Alfonso: PH.6 and RE.17. Chair Hardemon: So, can you start over, please? Mr. Alfonso: Yes, sir. First Reading 1, defer to November 17; First Reading 2, defer to the December meeting; RE.7, defer to the November 17 meeting; and PH.6 and RE.17, which are related items, defer to the November 17 meeting. Todd B. Hannon (City Clerk): And, Chair, just for the record, FR.2 will be deferred to December 8. That's the one meeting that we have in December, December 8. Commissioner Suarez: RE.7 to when? Chair Hardemon: December 8. Mr. Alfonso: RE.7 is to the November 17 meeting, Commissioner. Commissioner Suarez: PH.6 is to also November 7 [sic]? Mr. Alfonso: That -- PH.6 and RE.7 are also to the November 17 meeting. Commissioner Suarez: And there was one more; I think RE.17? Mr. Alfonso: That's correct. RE.17 and PH.6 are companion items. Commissioner Suarez: Okay. Chair Hardemon: Is there any item from the Commissioners that you would like to withdraw, continue, or defer? And I'll pull an item: On PH.7, I'd like to withdraw. I'll put another item on at our next Commission meeting that better says what the organization is at the church that we will be receiving, and so -- Commissioner Carollo: I'm sorry; say that again. PH. 7? Chair Hardemon: PH. 7. For me, it's PH. 7. Commissioner Carollo: And you're withdrawing or --? Chair Hardemon: I'm withdrawing, but I'll put another item on that goes directly to Notre Dame D'Haiti, but I wasn't able to make a change on the dais, so I'm going to have to withdraw and put a different item in. Commissioner Suarez: You're withdrawing it and changing it? Commissioner Carollo: Yeah, he's withdrawing it -- City of Miami Page 12 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Right. Commissioner Carollo: -- and he'll bring it back -- Chair Hardemon: At our next meeting. Commissioner Suarez: Right. Chair Hardemon: Is there any other change? Seeing none, is there a motion in accordance with what's been stated? Commissioner Suarez: So moved. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved and seconded by Commissioner Gort. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.6, please see Item RE.6. Chair Hardemon: Board Members, the Chair would like to entertain a motion to approve the consent agenda -- Commissioner Suarez: So moved. Chair Hardemon: -- with RE.6, 11 and 12 included. Vice Chair Russell: RE (resolution) -- Chair Hardemon: So the consent agenda -- Commissioner Suarez: So moved. Chair Hardemon: -- and RE.6, 11 and 12. It's been properly moved and seconded by the Chair. Discussion. Commissioner Carollo: Yeah. Hold on, Mr. Chairman. Just give me a second, because I want -- Chair Hardemon: No, take a look at it. City of Miami Page 13 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Carollo: -- I'd like to pull CA.2. Chair Hardemon: Oh, you want to pull? Commissioner Carollo: Yeah. Can I pull CA.2? Chair Hardemon: So the -- Commissioner Suarez: Aside from CA.2. Chair Hardemon: -- motion will reflect to -- Commissioner Suarez: Right. The motion -- Chair Hardemon: -- pull CA.2. Commissioner Suarez: -- will reflect that CA.2 is pulled. Chair Hardemon: Is there any discussion about the rest of the items? Commissioner Carollo: The REs is RE.6 --? Chair Hardemon: 6 -- Commissioner Suarez: 11 and 12. Chair Hardemon: --11, 12. Discussion? Commissioner Gort: Move it. Commissioner Suarez: All right. Chair Hardemon: Been properly moved -- Commissioner Suarez: Yes, second. Chair Hardemon: -- and seconded. And just in reference to RE.12, thank you very much for everyone for coming out to show your support for this item. I think this is a no-brainer. You shouldn 't be deporting people back to an island where there is a tremendous devastation from a natural disaster, and so I think we, who are all products of some sort of immigration to the United States, should support the Haitian community here, where we're not deporting them back. You're recognized, sir. Commissioner Gort: And I think to make it even better, we should add that we have a couple of meetings with Haitians that have been in this country and the City of Miami; they have created their own neighborhood; they have elected officials, and they should be helped at this time, especially with a disaster, with the hurricane that took place. Chair Hardemon: Right. Commissioner Gort: We should add that to the resolution, to separate it from any others. Chair Hardemon: There -- and I know that there has been tremendous support from not only the City of Miami, but other communities -- other cities, as well as other City of Miami Page 14 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 501(c)3 's that support what's happening, or support taking care of the people who are affected by the hurricane in Haiti, as well. So what type of change would you say you would consider? Commissioner Gort: And the community -- we have a large community of Haitians that lived here, that have lived here for a long time. They even have become elected officials, and they can also assist the new -coming into coming in. They can work a program -- Chair Hardemon: Right. Commissioner Gort: -- where they can work with the existing agency that exist here. Chair Hardemon: Got it, got it, got it. Is there any other discussion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. CA.1 RESOLUTION 1037 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2016-2017 VICTIMS OF CRIME ACT (`VOCA') GRANT", CONSISTING OF AN ANTICIPATED GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES, IN AN APPROXIMATE AMOUNT OF $82,303.27, INCLUDING OPERATIONAL EXPENSES AND TRAINING COSTS, WITH MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $20,575.82 TO FUND TWO (2) FULL-TIME POSITIONS; APPROPRIATING AND ALLOCATING FUNDS FROM THE POLICE GENERAL FUND ACCOUNT CODE NO. 12000.191602.513000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT UPON RECEIPT OF THE AWARD, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0500 This matter was ADOPTED on the Consent Agenda. City of Miami Page 15 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 CA.2 RESOLUTION - Item Pulled from Consent 1104 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR A PERIOD OF ONE (1) YEAR, WITH AUTOMATIC RENEWAL FOR TWO (2) SUCCESSIVE ONE (1) YEAR PERIODS, FOR THE PURPOSE OF PARTICIPATING IN THE ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS OF CHAPTERS 4 AND 31 OF THE CODE OF MIAMI-DADE COUNTY. ENACTMENT NUMBER: R-16-0510 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner, District Four SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: CA.2. Commissioner Carollo: Yes. Not my -- Chair Hardemon: It's not your item, right. Commissioner Carollo: It's not my item. I would like to get further -- Rodolfo Llanes (Chief of Police): Morning. Commissioner Gort: Good morning. Chief Llanes: Rodolfo Llanes, Chief of Police. Basically, it's an interlocal agreement between us and Dade County that allows us to enforce for -hire regulations as far as taxi drivers and now Uber. That's our -- all it is, is allowing municipal officers to enforce the County Code when it comes to for -hire transportation. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Is there going to be any special task force or any special units assigned to that, or is it just, more than anything, just giving us jurisdiction to be able to enforce our Code? Chief Llanes: It gives us jurisdiction. And typically, what we do is we train our downtown beat officers, which is the highest concentration of cabs and for -hire vehicles, on how to fill out -- it's a separate citation. It's not on the uniform traffic citation; it's a different ticket. And so, it just trains them on how to do that, how to follow the process, and what are the proper codes to enforce that. We don't have specific details or assignments to do that only. Commissioner Carollo: Thank you. I don 't have any further questions. City of Miami Page 16 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: Mr. Chair. Commissioner Suarez: Move it. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. Thank you, Chief. What are the main types of offenses that you have with taxis and Uber that would need enforcement? What sort of things are they doing? Chief Llanes: Basically, what this is, is licensing violations, which is, you know, do they have the proper display, and those kinds of -- they're not for moving traffic violations. We can enforce moving traffic violations normally, as authorized by the State, but these are for the licensing violations that they may have. Vice Chair Russell: So I notice this does include "rideshare." Do they have those same sorts of licensing or display items that Uber and them -- they don't have to do any of that, though, do they? Chief Llanes: I'm not aware of what those licensing regulations are, sir. Vice Chair Russell: I don't think (UNINTELLIGIBLE). Commissioner Gort: They have (UNINTELLIGIBLE) -- it's a particular name, "Avista," or something like that. Vice Chair Russell: Thank you. Chair Hardemon: It's been properly moved by Commissioner Suarez -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded by the Vice Chairman. Any further comment? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair. Chair Hardemon: Motion passes. City of Miami Page 17 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 CA.3 RESOLUTION 1106 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") AND A COST REIMBURSEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FEDERAL BUREAU OF INVESTIGATION FOR THE MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN PROVIDING A RAPID, PROACTIVE, AND INTELLIGENCE -DRIVEN INVESTIGATIVE RESPONSE TO THE SEXUAL VICTIMIZATION OF CHILDREN AND OTHER CRIMES AGAINST CHILDREN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID MOU AND COST REIMBURSEMENT AGREEMENT. ENACTMENT NUMBER: R-16-0501 This matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION 1116 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, AND THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, FOR THE MIAMI POLICE DEPARTMENT TO PARTICIPATE IN THE PRESIDENTIAL INAUGURATION TASK FORCE IN THE WASHINGTON, D.C. AREA FROM JANUARY 15, 2017 TO JANUARY 21, 2017. ENACTMENT NUMBER: R-16-0502 This matter was ADOPTED on the Consent Agenda. CA.5 RESOLUTION 1105 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION IN THE AMOUNT OF $75,000.00, FOR OPERATING COSTS ASSOCIATED WITH THE WYNWOOD TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY") REQUIRED MATCHING FUNDS IN THE AMOUNT OF $75,000.00 FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. ENACTMENT NUMBER: R-16-0503 This matter was ADOPTED on the Consent Agenda. City of Miami Page 18 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 CA.6 RESOLUTION 1107 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION IN THE AMOUNT OF $145,000.00 FOR THE OPERATING COSTS ASSOCIATED WITH THE LITTLE HAVANA TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI ("CITY") REQUIRED MATCHING FUNDS IN THE AMOUNT OF $145,000.00 FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. ENACTMENT NUMBER: R-16-0504 This matter was ADOPTED on the Consent Agenda. CA.7 RESOLUTION 1095 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 498330, FOR THE ESTABLISHMENT OF A PRE -QUALIFIED POOL OF FOUR (4) GENERAL APPRAISAL FIRMS AS LISTED ON ATTACHMENT 1, ATTACHED AND INCORPORATED (GENERAL APPRAISAL FIRMS), FOR THE PROVISION OF GENERAL APPRAISAL SERVICES FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S) ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0505 This matter was ADOPTED on the Consent Agenda. City of Miami Page 19 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 CA.8 1113 Department of Procurement CA.9 1115 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 8, 2016, PURSUANT TO INVITATION FOR BID NO. 631380, FROM DOUGLAS BLAU, INC. D/B/A FITNESS SOURCE, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE GYM EQUIPMENT PREVENTIVE MAINTENANCE AND REPAIRS FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL FACILITIES AND ITEMS TO BE ADDED TO THE CONTRACT; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0506 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF BACKBOARD AND MISCELLANEOUS MEDICAL EQUIPMENT PICK-UP AND DECONTAMINATION SERVICES WITH STERICYCLE, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING MIAMI-DADE COUNTY CONTRACT NO. FB- 00058, EFFECTIVE THROUGH AUGUST 31, 2019, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE, GENERAL FUND, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0507 This matter was ADOPTED on the Consent Agenda. City of Miami Page 20 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 CA.10 1108 Department of Parks and Recreation CA.11 1236 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED AUGUST 15, 2016, PURSUANT TO INVITATION FOR BID NO. 616404, FROM GOLDEN FENCE COMPANY, INC. (PRIMARY), AND LOUMINEL GENERAL CONTRACTOR LLC (SECONDARY), THE TWO (2) RESPONSIVE AND RESPONSIBLE BIDDERS, TO FURNISH AND INSTALL FENCES AT VARIOUS CITY PARKS, ON AN AS NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0508 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DEBORAH YURTKURAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAMELA PLUMMER, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND LARRY ELLIS, ARISING OUT OF AN ACCIDENT ON APRIL 8, 2016, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-16-0509 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 21 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PH.1 1094 Department of Public Works PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RODRIGUEZ SUBDIVISION", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-16-0511 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Okay. Commissioner Suarez: Mr. Chair. Chair Hardemon: Let's move our attention to our public hearing items. Is there a motion to approve -- it would be item PH.1 through PH5? Commissioner Suarez: So moved. Vice Chair Russell: Moment. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Hardemon: Been properly -- Mr. Hannon: I understand that there's a motion to pass items PH.1 through PH.5. Chair Hardemon: Yep. Mr. Hannon: Madam City Attorney, it's my understanding that there's a substitute for item PH.2? Daniel J. Alfonso (City Manager): Yes. There is -- Victoria Mendez (City Attorney): For PH.2 -- go ahead. City of Miami Page 22 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Alfonso: Yes, Commissioners. There's a change of -- in the plat language for a mortgage -- right? -- on the plat. Chair Hardemon: So what I'll do is I'll call PH.2. Juvenal Santana (Assistant Director/Public Works): Good morning. Juvenal Santana. PH.2, which is the -- Commissioner Gort: Toll plaza. Mr. Santana: -- Bridge Subdivision. There was a change on the -- one of the mortgage lenders on one of the co -applicants on the plat, so there's going to need to be a change to two sheets on the plat. Commissioner Suarez: Move PH.2, as amended. Chair Hardemon: All right. It's been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion on PH.2? Hearing none, all in favor? Commissioner Suarez: Aye. Commissioner Carollo: Aye. Chair Hardemon: That captures the amendments. Mr. Hannon: Correct. Chair Hardemon: Yes. Mr. Hannon: So the motion's capturing 1, 2, 3, 4, 5, with the amendment to PH.2. Commissioner Suarez: That's right. Chair Hardemon: That's perfect. Commissioner Suarez: That's good clarity. Yes. Chair Hardemon: Any further discussion? Hearing none -- Vice Chair Russell: On PH.2 only or --? Chair Hardemon: No. Commissioner Suarez: No, no. This is PH.1. Chair Hardemon: On any of the items, PH.1 -- Commissioner Suarez: 1 through 5. Chair Hardemon: -- through PH.5. Vice Chair Russell: Yes. I'd just like a brief discussion on PH.3, please, Scavenger boat. I know that we're all in favor of this, but I don't know if we fully grasp the need City of Miami Page 23 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 of what potential expansion could be of this service, and I'd like to get an analysis from the management of what it would cost us to expand the service of the Scavenger boat; either more hours for the boat -- I don't -- how many hours it's working right now, where it's working, and either increasing its capacity, or what would be the actual cost of multiplying it; getting another one? Do you have that information readily available, or is that something you could --? Mr. Alfonso: No. I do believe that the Scavenger vessel operates 25 hours a week right now? -- 25 hours a week. There is a limited capacity, because it can only run "X" number of hours per day. And an extra boat, my understanding the last time I spoke to them, was roughly in the $400,000 range; that would be an additional vessel; and of course, then additional operating hours, so that's -- but I think they're here to talk about it. Chair Hardemon: You're recognized, ma'am. Sofie Mastriano: Yes. Sofie Mastriano, president of the Water Management Technologies. Chair Hardemon: Can you speak directly -- Commissioner Suarez: Get closer to the mike. Chair Hardemon: -- into the mike? Commissioner Suarez: Yeah. Ms. Mastriano: Sofie Mastriano, president of Water Management Technologies, Scavenger 2000. I'm sorry; could you repeat the question? Chair Hardemon: You can direct the question to her. Mr. Alfonso: Speak into the mike. Chair Hardemon: No. I don't think she heard the question. Mr. Alfonso: Oh, no. The Commissioner's the one that had the question. I think last time I spoke to you some years ago, perhaps, when the former Commissioner of District 2 was here, there was talk about if there was to do a second vessel, it would cost somewhere in the realm of $400,000? Ms. Mastriano: No, I think that's -- that would be a service contract for the year. If we were to go to a full year service contract for 40 hours a week, it would be around the 400, 000. Vice Chair Russell: Additional to what we have now? Ms. Mastriano: No, total. Mr. Alfonso: No, total. Vice Chair Russell: Total? Ms. Mastriano: Yes. Mr. Alfonso: So that would be another 150,000. City of Miami Page 24 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Mastriano: Because right now we're doing -- we're actually doing 20 hours per week, which we charge the City, and we also donate 5 hours per week -- Vice Chair Russell: To the River. Ms. Mastriano: -- to the River, correct. Vice Chair Russell: What is the bottleneck or limitation? Is it manpower, or does the vessel have any limitations on how many hours it can work, or is it just financial? Ms. Mastriano: It's just financial. Vice Chair Russell: So if we were to expand the contract, we could literally double the amount of cleaning without actually expending more on additional infrastructure; another boat, for example? Mark Mastriano: That's correct. Ms. Mastriano: That's correct. And we also have not increased our rates since its inception, which is -- Vice Chair Russell: Thank you. Ms. Mastriano: -- 15 years ago, so. Vice Chair Russell: That's actually really good news, to know that we could do that. What would be the cost to get another vessel? Are they built from scratch, custom made? Mr. Mastriano: Yes. Ms. Mastriano: We build them here from scratch. We manufacture them ourselves here, and we normally sell them in a range of 1.1 million to $1.2 million to actually manufacture. So it was a discussion before for us to manufacture a second vessel and have -- we would require a -- like five-year guaranteed contract for a maximum of 40 -- or 50 hours a week in order for us to get the funding to manufacture the vessel, because we can't manufacture it ourselves, so. Vice Chair Russell: Are you selling to other municipalities? Ms. Mastriano: We're trying to, yes. And we're in the process of trying to also implement them in Lake Okeechobee, City of Stuart in Martin County for the cleanup of the Lagoon water Vice Chair Russell: Sure. Mr. Mastriano: And we do have a vessel in Chicago, and we sold abroad also. Ms. Mastriano: Yes. Vice Chair Russell: That's great. Chair Hardemon: And just for the record, can you identf yourself on the record, sir? Mr. Mastriano: Yeah. My name is Mark Mastriano, vice president of Water Management Technologies. City of Miami Page 25 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Thank you. Vice Chair Russell: And I just also want to, Mr. Manager, bring up -- I mentioned this during my staff briefing. What -- they're not able to get ends up on the rzprap on the shoreline. I understand we have a contract to clean certain parts of that within the City, and I'd like to get an understanding, because there's several areas in my district where a lot of garbage is ending up in the rocks; there's a lot of question of whose responsibility it is to clean it, and if we have the manpower to do that. If we already have a contract, I'd like to understand the scope of that, and what it would cost to expand that as well. Mr. Santana: We have a second contract that handles that, because of the ability of the Scavenger vessel to be able to come into the shallow depths, so that contract is coming before you next month. Vice Chair Russell: Okay. And they also clean onto the shore, in the rocks, and everything? Mr. Santana: They clean the embankments, and they do the canal cleanings, as well. Vice Chair Russell: That's great. Thank you. I have no further comments. Chair Hardemon: All right. Yes. Mr. Mastriano: One other point we wanted to make was that at this point in time, we're getting a lot of calls from Bayside, and they're getting inundated with trash and debris floating in with the strong east winds -- Ms. Mastriano: And it smells. Mr. Mastriano: -- and that's a current problem right now. We just got the call this morning. Ms. Mastriano: Yeah. Chair Hardemon: Thank you very much. Any further discussion from the board? Seeing none, all in favor of the motion on the floor, indicate so by saying "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 26 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PH.2 1189 Department of Public Works PH.3 1117 Department of Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRIDGE SUBDIVISION", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-16-0498 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE REQUEST TO ENTER INTO A TERM CONTRACT WITH WATER MANAGEMENT TECHNOLOGIES, INC., THE SOLE SOURCE AUTHORIZED SERVICE PROVIDER FOR THE SCAVENGER DEPOLLUTION BOAT, FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR AN ESTIMATED AMOUNT OF $250,000.00 ANNUALLY; ALLOCATING FUNDS FROM THE PUBLIC WORKS DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0512 City of Miami Page 27 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. PH.4 RESOLUTION 1045 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING 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 GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 15500.112000.882000, IN A TOTAL AMOUNT UP TO $17,860.86, TO MUCE EDUCATES, FOR ARTISTIC EDUCATIONAL WORKSHOPS AND OPPORTUNITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0513 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.4, please see Item PH.1. City of Miami Page 28 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PH.5 RESOLUTION 1043 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING 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 GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT UP TO $50,000.00, FOR HIGHER EDUCATION SCHOLARSHIPS TO RESIDENTS OF DISTRICT 5 OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-16-0514 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.5, please see Item PH.1. City of Miami Page 29 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PH.6 RESOLUTION 1191 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 14-0421, ADOPTED OCTOBER 23, 2014, WHICH AUTHORIZED THE CITY MANAGER TO ACCEPT FUNDS IN AN AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT PUBLIC BENEFIT IMPROVEMENTS, PURSUANT TO ARTICLE 3, SECTION 3.14 OF MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALBERT PALLOT PARK ("PALLOT PARK"), LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA 33137, FOR IMPROVEMENTS THAT SHALL TOTAL A MINIMUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON REVOCABLE TRUST ("NMRT"), FURTHER, BY A FOUR -FIFTHS (4/5TH) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS 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 FOR THE PROCUREMENT AND CONSTRUCTION OF A SEAWALL, BAYWALK AND KAYAK LAUNCH AT PALLOT PARK BY NMRT, AS DEVELOPMENT MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH NMRT FOR THE PUBLIC BENEFIT IMPROVEMENTS TO PALLOT PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND AMEND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSES. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PH.6 was continued to the November 17, 2016 Regular Commission Meeting. City of Miami Page 30 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PH.7 RESOLUTION 1234 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING 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 GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM ACCOUNT NO. 00001.98000.882000.0000.00000, IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00, TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., NOTRE DAME D'HAITI CHURCH CHILD CARE CENTER, A NOT FOR PROFIT CORPORATION, FOR CHILDCARE SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez END OF PUBLIC HEARINGS City of Miami Page 31 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1132 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT", MORE PARTICULARLY BY CREATING A CITY OF MIAMI ("CITY") RESIDENT PREFERENCE REQUIREMENT FOR ALL DEVELOPMENTS RECEIVING FUNDS OR BENEFITS FROM THE CITY TO DEVELOP AFFORDABLE OR WORKFORCE HOUSING WITHIN THE CITY, AND CREATING A PREFERENCE TO CITY RESIDENTS FOR RENTAL OR SALE OF THE AFFORDABLE AND WORKFORCE HOUSING UNITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13645 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: SR.1. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you. I'd like to move SR.1. Commissioner Carollo: Second. Chair Hardemon: It's a local preference. And I just want to thank Commissioner Carollo and the Mayor. We all worked together on this, and I think it just shows how we work together on things that obviously are beneficial to the residents in the community. Chair Hardemon: Great. Is there any further discussion on the item? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Yes. I also welcome us being able to work together, because I think that's extremely important for our residents, especially when it comes to affordable housing, and I have mentioned it before back in 2014. I tried to do something similar, and unfortunately, at that time, we didn't have the support of management. We had to water down the ordinance, which I've mentioned before, and I have it here, so I'm going to put it into the record. But I really do believe that, you City of Miami Page 32 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 know, being persistent pays off and I'm glad that we were able to team up on this. Thank you. Chair Hardemon: You know, one of the things that I'm looking forward to is to keep pushing the Federal Government with this residency requirement, because I strongly believe that if you're building affordable housing in an area -- in a district -- I don't care if it's a City district or a County district -- then the people should have -- the people who live in that district, especially, should have some sort of preference in living in that place, and I think that that would alleviate a lot of the concerns, especially in areas where they're worried about gentrification, because they know that they have an opportunity to live in a better quality housing in the neighborhood that they've been growing up in, and so I think that that should be our ultimate goal. Sure, you could say something, if you like. George Mensah: George Mensah, director of Department of Community and Economic Development. Mr. Chair, this is -- we were in Seattle about, I believe, a week or so ago. We attended a forum where HUD (Department of Housing and Urban Development) was invited, and it included the various cities that has very high - cost housing. We brought this issue to front„ and I basically used the example of Coconut Grove, where we have a community that we haven't been able to build affordable housing in how many years? And the first time we were able to build affordable housing, we also have a situation where there was gentrification going on, and we wanted to be able to reserve some of the units for our (UNINTELLIGIBLE), for people who live there, and that has been an issue, and HUD has specifically indicated that that is not allowed. And what we are trying to do, as cities and in the whole country, is to try to pressure HUD through legislation, through whatever we can do to make sure that they change that, because we believe that this is a 1960's mentality. Chair Hardemon: Yes. Mr. Mensah: Those were days -- those days when -- where you have segregation. It's not like that anymore. Now we want people to be able to live in their community at their own choice. Nobody's moving anybody out. If they want to live in Coconut Grove, they should be allowed to live there. HUD believes that if we do that, then we are preventing other people from coming in and -- you know, we're not saying 100 percent; we're saying, 10 percent, 20 percent or so. So that's an issue, and we will continue to, you know, talk to HUD about this, and see if they can make any changes to it. Chair Hardemon: And board members, I mean, I think that we should be more aggressive in the percentage even. I think that it should at least be 50 percent, and the reason being is because we have to consider the fact that the people who live in these areas have been suffering from inadequate housing. Their living standards are not where they should be. And so now, when you get your first product of standard housing, you're not allowed to live there. And I'm not looking at the issue where you have people who have prior arrests, and things of that nature. I'm just talking about the ability for you to apply to live in that housing, and they say to you, "I'm sorry, but it's full." And as a neighbor, as a community member, you have to wonder, "Well, how can it be full, if none of us are there?" you know. And so, if public -- if affordable housing is a problem that we're facing all over America -- it's certainly an issue in the City of Miami -- then affordable housing should be answer -- the call for affordable housing should be answered by all of our communities. Mr. Mensah: Yes. City of Miami Page 33 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: And so what happens is, you put all the affordable housing in one area or two areas; everyone from around the County applies and moves into that area; and then the people who have been suffering in that area don't get the relief that they deserve. And so, I think that this is a concern that maybe as a City of Miami Commission, we should be pushing towards as an initiative, along with other cities, along with other counties, to say, "We want a change to this policy, because these policies hurt us, and they punish the people who live within our communities, and don't give them an opportunity to actually participate in standard housing in the community that they grew up in." Mr. Mensah: I will suggest that probably maybe a letter, resolution from the Commission to HUD probably will be in order. Commissioner Gort: Resolution. Chair Hardemon: Right. Mr. Mensah: I also think that it's -- notice can be done through can National League of Cities or the Mayor's Conference, you know, bodies that are bigger and throughout the country, so that they will know that every city really wants this, and it's not just the City of Miami. Chair Hardemon: Vice Chairman, Commissioner Suarez. Vice Chair Russell: Thank you, Mr. Chair. I fully support your concept here, the legislation. I think it should go further. It's my understanding that to go further than this would open us up to more challenge. I'm open to that challenge as well, because I think the fight may bring the attention to the issue in a way that we may be able to move the needle with HUD. I would also be very glad to co-sponsor a resolution with you, sending a message to HUD that this philosophy doesn't apply here in the right way, and we're actually hurting a community we're trying to help. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: You want to jump in there, Commissioner? Commissioner Gort: Go ahead. I'll go after you. Commissioner Suarez: Okay. So I totally agree. I think what happens -- our job is to push as far as we can to the line, but then what often happens is we stop there, instead of moving the line, and I think that's what we're talking about here, which is -- Look, we can't just accept the fact that the Federal Government says "X." You know, it's our job to convince the Federal Government of "Y," so that the line gets moved, and then we keep moving along with that. So, you know, I think we should make it part of our legislative priorities. As president of the League, I'd be more than happy to take it on as a League priority as well, as -- Mr. Mensah: Yes. Commissioner Suarez: -- George suggested -- as Mr. Mensah suggested. And I think it's wonderful that we can work together, and we should all go to Washington on this issue. Chair Hardemon: Right. Yeah, you're right. Commissioner Gort: Well, we'll continue to go. I mean, we've been doing that for a few years now; we continue to do. And I think, to the League of Cities, one way we City of Miami Page 34 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 can start -- President Suarez, let's get a resolution to the League of City [sic]. At the same time, I think we have to create the incentive to mix use. I mean, workforce -- right now we take care of the high -end, no problem; low -end, no problem. But the workforce, the guys that's working, that's making a salary, nice size, that doesn't qualify for either one. We need to take care of those people, too. So mixed use -- and we've done a couple of buildings now where you're aware and you've been part of it, and they've been very successful. Chair Hardemon: So Madam City Attorney, just -- I think the direction will be to draft a resolution that captures our sentiments that we spoke of here on the board; and also, you might want to meet with Mr. Mensah, because I'm sure he's more familiar with the Federal Government procedures and can give you the language that we need to effect a change. Okay? Victoria Mendez (City Attorney): Okay. But I just want to be clear for the record with regard to -- Chair Hardemon: It is not about this item. Ms. Mendez: Okay. Chair Hardemon: It's not changing anything on this item. Ms. Mendez: All right, thank. Chair Hardemon: It's separate. Ms. Mendez: Thank you. A separate item, and then we'll work with your office to craft this item. Vice Chair Russell: Okay. So we don't need to go through it; okay now? Chair Hardemon: We don't have to go through it. Vice Chair Russell: All right. Chair Hardemon: All right. And is there any further discussion on the dais? Hearing none, then I need the Madam City Attorney to read into the record The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. END OF SECOND READING ORDINANCES City of Miami Page 35 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1092 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS" BY AMENDING THE BOUNDARIES OF THE GEOGRAPHICAL AREA IN WHICH MURALS ARE PERMITTED AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.1 was continued to the November 17, 2016 Regular Commission Meeting. FR.2 ORDINANCE First Reading 1101 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT", MORE PARTICULARLY BY MODIFYING SECTION 2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES", REACTIVATING THE PILOT PROGRAM FOR EXTENDING CERTAIN PREVIOUSLY APPROVED DEVELOPMENT ORDERS UNTIL A DATE CERTAIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.2 was deferred to the December 8, 2016 Regular Commission Meeting. City of Miami Page 36 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 FR.3 ORDINANCE First Reading 1123 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION", TO AMEND SECTION 2-36, ENTITLED "MAYORAL VETO AND COMMISSION OVERRIDE", TO PROVIDE THAT MEMBERS OF THE PUBLIC SHALL HAVE A REASONABLE OPPORTUNITY TO SPEAK ON VETOED ITEMS CONSISTENT WITH SECTION 286.0114, FLORIDA STATUTES, AND SECTION 2-33(C)(2) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: FR.3. Can it be read into the record, Madam City Attorney? The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: Been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded. Any further discussion? Hearing none, all in favor, say "aye." Todd B. Hannon (City Clerk): Chair, we normally do a roll call on ordinances. Commissioner Carollo: Right. Commissioner Gort: Ordinance. Chair Hardemon: That's just not necessary. Mr. Hannon: Roll call on item FR.3. A roll call was taken, the result of which is stated above Mr. Hannon: The ordinance passes on first reading, 4-0. City of Miami Page 37 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 FR.4 ORDINANCE First Reading 1041 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTION 42- 8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE ASSOCIATED WITH THE OFF -DUTY POLICE SERVICES PROGRAM; FURTHER DECLARING THE REVISED ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: FR.4. Madam City Attorney, read it into the record. Daniel J. Alfonso (City Manager): Commissioner -- Chair Hardemon: Oh. Well, you can read it into the record, as well. Mr. Alfonso: I'm sorry. Commissioner Gort is sponsoring, but FR.4, Commissioners, is an item where we are requesting -- if you recall, we increased the off -duty rate for officers from 32 to $36 an hour, and it's going from 36 to $40.50 for the officers in this coming year. The administrative fee, which was set at $3, we had requested to move it to $4, and then to $4.50 later in June, and we're that the Commission allow us to do that to cover the cost of the unit that provides all the off - duty arrangements. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort; seconded by the Chair. Is there any discussion on the item? Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First, I'd like to thank Commissioner Gort for sponsoring this and bringing this forward. And with regards to this item -- and the biggest issue that I'm seeing is that out of the Auditor's report -- our Internal Auditor's report, he actually found seven findings, and we're only addressing one of the seven findings. So I think that we need to look at all the findings and see exactly when, you know, it will be corrected. And the reason why is because in -- basically, most of the findings, if not all, I believe it stipulates September of 2017, but as I'm seeing, like in Finding 1, you know, the Special Events Unit is working with the IT (Information Technology) Section to put in place City of Miami Page 38 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 safeguards against allowing officers to work in excess of the allowable hours. Does that take a year? And I want to see is, has that process already begun with the IT Department? Mr. Alfonso: Commissioner, actually, we were the ones who had asked the Internal Auditor to review these possible issues in the unit. We asked them to do that over a year ago. The study did take some time, because we had done some analysis, and we realized that there were some possible issues there, which is why we asked the Internal Auditor to look at it. We have been working to fix those issues. We also have to address some issues of possibly how it impacts IRS (Internal Revenue Service), and how it impacts how their taxes are paid, et cetera. So we are currently working on possibility of moving the way those payments are made internally, run them through our system or through another type of vendor, et cetera. So there's a number of issues there that we're addressing. We know that there's a problem, and we've been working to fix it. How long exactly is it going to take from an IT perspective? I can't really tell you exactly right now, but it is something that we're definitely aware of and we're working with. We can come to -- report to the Commission as to what our target date would be. I can bring that back. Commissioner Carollo: Yes, and that's what I was going to ask, if IT could come and let us know when they anticipate this being solved. And you have Finding Number 5, which is evaluating the collectivity. I could tell you, after 10 or 13 years, I don't think we're going to collect that money; we should write off. After five or seven years, we're not collecting that money; we need to write it off and that doesn't take, you know, until September of 2017 to be able to do that. And I'm -- and I see here, we're also working with the Finance Department. I'm sure Jose Fernandez, who I believe does a great job, will tell you that and would recommend that. So I think some of this can actually be remedied much sooner than a whole year. And by the way, the reason why I'm also bringing this up is because another audit that was done by Internal Auditor was the audit of the administrative towing fees. That was -- Mr. Alfonso: I'm sorry? Commissioner Carollo: The audit of the administrative towing fees, the towing -- Mr. Alfonso: Towing? Commissioner Carollo: Yes, towing. Mr. Alfonso: Okay. Commissioner Carollo: That was over a year ago. And if you look at most of their - - those findings, I think the latest that it was supposed to have been implemented and solved was, I believe, March of 2016; it still have not. Mr. Alfonso: Right. Commissioner Carollo: So there needs to be some follow-up, because, in all fairness, if we have the integrated billing system, some of that would actually have not caused some of the same issues that we're seeing in off duty, you know. It's part of internal controls. It's part of making sure that we are receiving the amounts that the City's supposed to receive at a timely basis; also, that we are charging the public the right amount. So, again, you know, this is well overdue from other audits; and again, there needs to be some accountability as, okay, there was a time period that it was stipulated that it was going to actually be implemented; it still has not, so where are we in the process? City of Miami Page 39 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Alfonso: Well, Commissioner, if you recall, the -- specifically to the towing contracts, they had been brought to the Commission, but for one reason or another, the Commission asked us to look at doing it differently, so we took them back. And they're actually going to be on the November agenda. Commissioner Carollo: One thing is procuring; one thing is the internal controls and the actual systems that you have. I don't think the Commission told you not to have an integrated billing system, or what type of integrated billing system to have. I don't think the Commission did that, so it's -- we're talking apples and oranges. So I want to make sure that if you look at the report and just -- I'm sure Auditor Guba will kindly send you the report -- like I requested it, and he sent it to me -- and you will see the different findings; you will see what -- where Miami Police Department's response; they agreed to the findings, and by when they were supposed to implement. And if you continue, you will see that it has not been implemented. So this is similar where, again, I just don 't want to kick the can down the road. And at the same time, listen, his audit reports are only as good as what we do with them. If we just put them to the side and not give it the due credibility that they should reserve -- that they should deserve, and if we do not move forward in implementing, have them -- have the department and the management be accountable, then, you know, realistically, we're wasting our time doing audits. Mr. Alfonso: I agree. Chair Hardemon: Any further discussion on FR.4? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I just want to know, when does the Manager anticipate having a follow-up discussion with the Commission or a follow-up item to the Commission on the different findings for the towing and for the off duty? Mr. Alfonso: Mr. Chair, will it please this Commission ifI bring it in December? Chair Hardemon: That's fine. Mr. Alfonso: Thank you. Chair Hardemon: Yes, that's fine. Any further discussion? Vice Chairman. Vice Chair Russell: Thank you. Mr. Manager, I'd also like to know at that time as well, what is our annual cost for administrative fee, and what is our amount collected under the new amounts that we've approved now? If I understand correctly, there's still a shortfall. We're still spending a lot more on administrative than we're collecting. Mr. Alfonso: That is my understanding, sir. Vice Chair Russell: I'd love to see something on that. Thank you. Chair Hardemon: Any further discussion? Hearing none, can you read into the record, please, Madam City Attorney? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.4. City of Miami Page 40 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Hardemon: Thank you very much. FR.5 ORDINANCE First Reading 1166 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", MORE PARTICULARLY BY AMENDING SECTION 18-556 ENTITLED "DEFINITIONS", SECTION 18-557 ENTITLED "LIVING WAGE", SECTION 18-558 ENTITLED "IMPLEMENTATION", AND SECTION 18-559 ENTITLED "COMPLIANCE AND ENFORCEMENT", TO REQUIRE A LIVING WAGE AS PROVIDED HEREIN FOR SERVICE CONTRACTS ENTERED INTO BY THE CITY OF MIAMI ("CITY") ON OR AFTER JANUARY 1, 2017, WITH CONTRACTORS PROVIDING SERVICES EXCEEDING $100,000.00 ANNUALLY, AS DEFINED HEREIN; PROVIDING CERTAIN EXCLUSIONS FROM THE LIVING WAGE REQUIREMENT PROVIDED FOR HEREIN; PROVIDING THE ADDITIONAL REMEDY OF SUSPENSION OR DEBARMENT FOR VIOLATIONS; 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: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: FR.5. FR.5 is an item that was sponsored by the Chair and co- sponsored by the Vice Chairman. It's an item where we are increasing -- or providing for the City of Miami a living wage requirement for service contracts that are north of $100, 000 annually. And so I'll allow the Vice Chairman to speak first, if he'd like. Vice Chair Russell: Thank you, Mr. Chairman. And thank you for co -sponsoring this together. I think this is a very important thing that we can do for those who work the hardest in our community and get paid the least. There are very limited places where we can effect such legislation, but those who work with us as a city is one of those places. So I'm very much in favor of passing a living wage of $15 for those who do services to the City. This is first reading, so we may have some tweaks and adjustments. I know there are some concerns, and so I welcome that, and I believe we'll be very flexible in that. I look forward to all of your support. Chair Hardemon: The -- I mean, everyone knows that the City of Miami has been serious about reducing poverty within our community. We have the anti poverty initiatives. We also have the responsible wage ordinance that we've implemented in the City, but as well, in the CRA (Community Redevelopment Agency), the Southeast City of Miami Page 41 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Overtown/Park West CRA, at least. And so this is another tool that we can use to elevate the revenues or the income that the people who work in the City of Miami or who live and work within the City of Miami have. So this puts more food on their table, more clothes on their back, and I think this is a responsible thing for us to do. And as well, Madam City Attorney, I know there was a point in this item where, I believe, under "Contractor," which is on page two, where it says, "The contractors engaged in the business of or part of a contract or subcontract to provide goods and/or services, either directly or indirectly for the benefit of the City." And I don't want us to get into a position where we're paying back, back, back, back, back staff and we're responsible for the cost of that. So I just want to ensure that the language that we're including is for direct service contracts, which means that someone that we can see, touch, feel, that does a service for the City of Miami directly; not indirectly, as someone who's changing a lightbulb at their main office. Vice Chair Russell: So we should remove "indirect," but then we should also define "direct," as well, so there's no unclarity. Chair Hardemon: That would be probably the best thing to do, or wherever -- whatever language that you come up with that is fitting, but that is the spirit in which we're thinking of. Victoria Mendez (City Attorney): Yes. Okay. Chair Hardemon: Commissioner Gort. Commissioner Gort: Which means -- because one of the questions that I had is, you have a major contract that gets awarded and the -- there's certain people that are going to be working here, but they have their whole staff and their headquarters. Chair Hardemon: Right. Commissioner Gort: Is that going to interfere with the headquarters? Because if it does, you're going to have very few people coming up to do business with the City. Vice Chair Russell: Or the contracts could get very expensive. Chair Hardemon: Or the contracts could get very expensive. Commissioner Gort: Yeah. Chair Hardemon: So that's -- that clarity, I think, would -- Vice Chair Russell: Fix that. Chair Hardemon: -- fix that. Commissioner Gort: Yeah. Chair Hardemon: So now the people who are providing the service are the people that are getting paid a decent wage. All right? Commissioner Gort: I think it's a great -- Chair Hardemon: So the Chair would like to entertain a motion from the Vice Chairman. Commissioner Gort: Move it. City of Miami Page 42 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: I'll move it. Chair Hardemon: Okay. And the Chair will second it -- Commissioner Gort: Second. Chair Hardemon: -- with that amendment to the -- or modification to the legislation. Madam City Attorney, if there's no further discussion, can you read it into the record? Ms. Mendez: Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.5. Vice Chair Russell? Vice Chair Russell: Yes, as amended. Mr. Hannon: Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, as amended, 3-0. Chair Hardemon: FR.6. Mr. Alfonso: Mr. Chairman, I'm sorry. Chair Hardemon: Yes. Mr. Alfonso: Before you move on, I'd like -- just like to make a comment; that I'm also going to talk to the Law Department about the portion that it -- talks about renewals. If a renewal is allowed with the modification to the contract, then I don't think that'll be a problem. But if it requires that the contract be extinguished and a new RFP (request for proposals) be issued, then that is something that we'll discuss with the Commission, because that could cause some delays on the service, or whatever. Chair Hardemon: Okay. Mr. Alfonso: But if the contract allows for us to renew, then we just know it's going to be a higher cost than we had originally anticipated, and we'll deal with that. Chair Hardemon: Okay. Mr. Alfonso: But if it requires a whole new RFP, then that's something that I'd like to have the Commission discuss. Chair Hardemon: Okay. Mr. Alfonso: Thank you. City of Miami Page 43 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 FR.6 ORDINANCE First Reading 1244 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22, ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MAINTENANCE OF LOTS", CLARIFYING EXISTING LANGUAGE, AND CREATING A NEW SECTION ESTABLISHING A CONTINUAL MAINTENANCE PROGRAM IN THE CITY OF MIAMI FOR THE MAINTAINING AND CLEARING OF VACANT LOTS AFTER REPEAT VIOLATIONS AND PROVIDING FOR SPECIAL ASSESSMENT OF COSTS INCURRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: FR.6. Victoria Mendez (City Attorney): FR.6 is an item sponsored by Commissioner Gort. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: An ordinance of the Miami City Commission, amending Chapter 22, Article IV, of the Code of the City of Miami, Florida, as amended, entitled "Maintenance of Lots," clarifying existing language, and creating a new section establishing a continual maintenance program in the City of Miami for maintaining and clearing of vacant lots after repeat violations and providing for a special assessment of costs incurred; containing a severability clause and providing for an effective date. Commissioner Gort: I think it's very important, and we get complaints from the citizens all the time that report a violation, we do report it, and it takes forever, and they think we have the power to go ahead and take over. So with this ordinance, it'll help us quite a bit, especially those repeat offenders to start paying for it. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you. Thank you for bringing this, Commissioner Gort. We've been dealing with this a lot this year from several districts, but I'd like -- guess I'd like to further understand how this will strengthen that, because I know we already have the ability to maintain a lot and charge the owner, and lien them at the end of the day. So is this amplifying that? Is it stepping up that -- the frequency or the speed, or what is the specific change to what we already have the ability to do? City of Miami Page 44 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: There'll be additional penalty, but first of all, we'll be doing it. And the question is, what is the change that you're making on this? Ms. Mendez: In this item, the main thing is when you have -- so there has been plenty of discussion on the dais about this, and it's all going to become part and parcel. Commissioner Gort: They wait until the end of the month and they -- Ms. Mendez: Right. So you -- Commissioner Carollo brought up the fact that -- you know, the three strikes type when we have the lot clearings, and then we step it up to Code Enforcement. Commissioner Suarez had brought up the fact that we may need a few more injunctions, along with you, Vice Chairman Russell. And then Commissioner Gort, based on the vacant items [sic] that was brought last Commission by the Chairman in order to fence properties, Chairman [sic] Gort also brought up on those items the fact that sometimes we just need to go in and continuously try and bring these people to compliance by the City having to go in sometimes and just doing it themselves. So what we're doing is putting all these legislative initiatives together so that we can obviously enjoin them when there's too many of these type of lot clearings. This may end up in certain foreclosures, based on the amount. Like if we have $50,000 in lot clearings, well, we might need to foreclose that property and actually have the property as one of the City's properties; but this will, after they've been found a repeat violator, put them on a continual maintenance program that -- Vice Chair Russell: We don't have to wait. Ms. Mendez: -- once a month -- Right, we're not going to wait -- once a month, we them on notice that, you know, "You've been found a repeat violator. You have this issue. We're going to go in and, every three weeks, mow your lawn, unless you do it before we do." So -- Commissioner Carollo: Mr. Chair. Oh, sorry. Chair Hardemon: You're recognized. Ms. Mendez: That's it. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. I think what would really help this, if we can define "repeat violator." And I think once you define -- because there's no definition for "repeat violator," so I think once you define what "repeat violator" is, then we can act. And I think it should be, you know, in your words, a repeat violator is a violator with three -strike rules. So in other words, if you have the same violation three times within a year, you're a repeat violator, and then you're subject to have the fence. Chair Hardemon: Well, maybe three times within six months -- Vice Chair Russell: I was going to say that. Chair Hardemon: -- would be better. Vice Chair Russell: Try to speed it up. City of Miami Page 45 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Mendez: The "repeat violator" definition, pretty much, was that we can start doing this once they are repeat violator, pursuant to Florida Statute; that's basically, you've done it twice. But I think, based on all the legislation that has passed, we, you know, would work with the Administration, after the resolution that was passed that, you know, you go to Code Enforcement. After you've already gone to Code Enforcement, you have your three strikes. That could be the definition that we use as the -- you know, moving forward with the maintenance program, so we could clarify that between first and second. But right now, it had "repeat violator" as pursuant to Florida Statute, which is just a term as defined there that could allow us that that would be the point at which we could put them on that maintenance program. But we can work with the resolution that Commissioner Carollo passed, defining how we were stepping up that enforcement. Commissioner Gort: Yeah. Chair Hardemon: Any further -- Vice Chairman. Vice Chair Russell: So this will really increase the amount of work we're doing on these lots. I assume we're going to get into the lawn mowing business here. Mr. Alfonso: This is going to cost the City more money. Eventually, we hope to recover that money from the property owners through liens and et cetera, but that's also going to cost more legal fees. Vice Chair Russell: So that leads to my next question. There's a rumor that when somebody sells these properties, they can basically argue their way out of a huge portion of these fees. Mr. Alfonso: No. Ms. Mendez: No. Mr. Alfonso: What they normally -- Vice Chair Russell: Can you clarify that, please? Mr. Alfonso: -- argue their way out of are those daily -- $250 running daily fees, but those are not actual costs. These are liens for actual costs of service provided. Normally, the board does not forgive those; those have to be paid. It would just depend on what our position is on the lien, whether it would be high in taxes, and how much is recovered, et cetera. That might be a different story. Ms. Mendez: Right. These liens for special assessment can never be forgiven; only if we made a mistake in noticing the right party. Then, you know, obviously, as a matter of law, that might be a situation. But these type of liens that are costs that are expended by the City, they don't go to any type of board to be released. They are costs. It's a lien that's placed on the -- Commissioner Gort: The property. Ms. Mendez: -- property, and it cannot be lowered, because it's a special benefit to that property, and we treat them as special assessment liens. Vice Chair Russell: Does it need to be satisfied prior to a sale? Ms. Mendez: Correct. So when -- City of Miami Page 46 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: By the seller? Ms. Mendez: By the seller or the buyer, as they deem fit, but it needs to be paid off before it is -- goes to a new owner. These are not Code Enforcement liens. Mr. Alfonso: We may also end up owning some lots, because if the taxes owed on the property, plus these fees end up being more than the lot may be worth, then nobody's going to buy it, so it'll -- either it's cheap to the County or to us or to somebody, depending on who owes -- you know, what portion is the biggest. I don't intend to -- she said, you know, when it gets to $50,000. I don't intend to ever let it get to $50,000 before I file foreclosure, because the likelihood of us collecting that amount of money is going to be slim. Chair Hardemon: Any further discussion? Seeing none, Mr. -- Commissioner Gort, do you have a motion? Commissioner Gort: Move it. Chair Hardemon: Been properly moved. Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. All in favor -- I'm sorry. Roll call. Todd B. Hannon (City Clerk): Roll call on item FR.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. END OF FIRST READING ORDINANCES City of Miami Page 47 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE - RESOLUTIONS RE.1 RESOLUTION 1096 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY GRANTS TO NMMA TEMPORARY ACCESS RIGHTS TO USE A CERTAIN PORTION OF CITY -OWNED PROPERTY, LOCATED AT 3801 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF STAGING, PROVIDING PARKING, PROVIDING SHUTTLE SERVICE, AND OTHER ANCILLARY USES DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. ENACTMENT NUMBER: R-16-0515 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: The next order of business that we have, from RE.1 through RE.5, relate directly to the boat show. And so, what I'd like to do is, first say, "Is there any motion that anyone would like to make regarding items RE.1 through RE.5?" Victoria Mendez (City Attorney): Chairman. Chair Hardemon: Yes. Ms. Mendez: Before it -- just to clam that we'll be making one amendment that was brought up by Vice Chairman Russell to make sure that there is access to the water, to the beaches during this setup period and what have you, so we will make those amendments with regard to access to the shore and the beach. Chair Hardemon: Would that be to each item? Ms. Mendez: To the items that require it. I think it's to all the items, but at least the -- definitely the items that require it, it will be placed in the document so that there is the access needed for citizens to reach the beach. City of Miami Page 48 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Okay. Ms. Mendez: Thank you. Chair Hardemon: Once again, is there a motion to approve RE.1 through RE.5? Vice Chair Russell: Move it. Chair Hardemon: It's been properly moved. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Discussion. Todd B. Hannon (City Clerk): And Chair -- Chair Hardemon: Yes. Mr. Hannon: -- so just for the record, so items RE.1, 2, 3, 4, and 5 will be amended through this one motion? Chair Hardemon: Correct. Mr. Hannon: Yes, sir. Chair Hardemon: Depending -- as needed. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 49 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.2 RESOLUTION 1097 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY GRANTS TO NMMA TEMPORARY ACCESS RIGHTS TO USE THE CITY - OWNED PROPERTY KNOWN AS MARINE STADIUM MARINA, LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF PROVIDING PARKING, RESTROOMS, EXHIBITION SPACE, CONCESSION SPACE, AND OTHER ANCILLARY USES, INCLUDING BUT NOT LIMITED TO, INSTALLING AND REMOVING TENTS AND PROVIDING DEMONSTRATIONS DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON - SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. ENACTMENT NUMBER: R-16-0516 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item RE.2, please see Item RE.I. City of Miami Page 50 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.3 RESOLUTION 1098 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI ROWING & WATERSPORTS CENTER, INC. ("MIAMI ROWING CLUB") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND MIAMI ROWING CLUB GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 ("PREMISES"), AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF OPERATING CONCESSION OF FOOD AND DRINK, STAGING, ACCESSING AND USING UTILITIES, PROVIDING ROWING DEMONSTRATIONS AND LESSONS, AND OTHER ANCILLARY USES IN PREPARATION FOR AND DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON - SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. ENACTMENT NUMBER: R-16-0517 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item RE.3, please see Item RE1. City of Miami Page 51 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.4 RESOLUTION 1099 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI VIRGINIA KEY BEACH PARK TRUST ("TRUST"), AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND TRUST GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY, LOCATED AT 4020 VIRGINIA BEACH DRIVE, MIAMI, FLORIDA 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF PROVIDING SHUTTLE SERVICES AND PARKING, AND FOR OTHER ANCILLARY USES DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON - SUBSTANTIVE AMENDMENTS TO THE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. ENACTMENT NUMBER: R-16-0518 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item RE.4, please see Item RE.1. City of Miami Page 52 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.5 RESOLUTION 1100 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), BAYSIDE SEAFOOD RESTAURANT, INC. ("BAYSIDE SEAFOOD"), AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND BAYSIDE SEAFOOD GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF PROVIDING RESTROOMS, EXHIBITION SPACE, AND CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO, INSTALLING TEMPORARY TENTS, ACCESSING AND USING UTILITIES, PREPARING FOOD AND BEVERAGE AREAS, AND OTHER ANCILLARY USES DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. ENACTMENT NUMBER: R-16-0519 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item RE.5, please see Item RE1. City of Miami Page 53 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.6 RESOLUTION 1134 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 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AMENDMENT NO. 2 ("AMENDMENT") TO THE EXISTING LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT FOR PROFIT CORPORATION, DATED FEBRUARY 28, 2001, ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON- EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AMENDMENT PROVIDING FOR AN EXTENSION OF THIRTY (30) ADDITIONAL YEARS ABOVE AND BEYOND THE REMAINING APPROXIMATE TWENTY (20) YEAR TERM OF THE LEASE FOR A TOTAL REMAINING TERM OF APPROXIMATELY FIFTY (50) YEARS. ENACTMENT NUMBER: R-16-0520 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.6, please see CA - CONSENT AGENDA. City of Miami Page 54 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.6 RESOLUTION 1134 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 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AMENDMENT NO. 2 ("AMENDMENT") TO THE EXISTING LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT FOR PROFIT CORPORATION, DATED FEBRUARY 28, 2001, ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON- EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AMENDMENT PROVIDING FOR AN EXTENSION OF THIRTY (30) ADDITIONAL YEARS ABOVE AND BEYOND THE REMAINING APPROXIMATE TWENTY (20) YEAR TERM OF THE LEASE FOR A TOTAL REMAINING TERM OF APPROXIMATELY FIFTY (50) YEARS. ENACTMENT NUMBER: R-16-0520 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.6, please see CA - CONSENT AGENDA. City of Miami Page 55 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.6 RESOLUTION 1134 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 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AMENDMENT NO. 2 ("AMENDMENT") TO THE EXISTING LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT FOR PROFIT CORPORATION, DATED FEBRUARY 28, 2001, ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON- EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AMENDMENT PROVIDING FOR AN EXTENSION OF THIRTY (30) ADDITIONAL YEARS ABOVE AND BEYOND THE REMAINING APPROXIMATE TWENTY (20) YEAR TERM OF THE LEASE FOR A TOTAL REMAINING TERM OF APPROXIMATELY FIFTY (50) YEARS. ENACTMENT NUMBER: R-16-0520 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.6, please see CA - CONSENT AGENDA. Barnaby Min (Deputy City Attorney): I believe there's also one discussion item that's left, and if we may go back to RE.6, there was an amendment to the agreement, so that needs to reflect that it passes as amended. Chair Hardemon: Yes. Thank you, sir. Without objection, it'll reflect that it passes as amended -- Todd B. Hannon (City Clerk): Chair, there -- Chair Hardemon: -- RE. 6. Mr. Hannon: -- from a procedural standpoint, the motion that was made entailed multiple items; actually, it was CA.1 through CA.11, excluding CA.2; as well as 6, 11, and 12. So from a procedural standpoint, if we're going to reconsider that item, I would prefer to have a motion to reconsider that's going to have -- City of Miami Page 56 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Okay, then let's talk -- then let's talk through this parliamentary procedure. Mr. Hannon: Sure. Vice Chair Russell: RE.6? Chair Hardemon: Yeah. We're talking about RE.6, but more particularly, about parliamentary procedures. So what is the problem with -- I understand what the motion was, right? There was a motion that involved more than one item. Can you turn your mike off, Commissioner Gort? Vice Chair Russell: I'll get him. Chair Hardemon: So there was a motion that was -- that involved multiple items, but now we want to reconsider one item, RE.6, right? And so, if I say, '7 move to reconsider RE.6" -- right? -- that motion is particular to RE.6. Get a second. What is the issue with reconsidering RE.6? By saying, "RE.6," I'm not saying the motion to approve items RE (resolution) -- CA (consent agenda) through such and such, plus RE.6, 9, 10, and 11, and whatever may be; just considering -- reconsidering RE.6, because, effectively, RE.6 passed. Doesn't matter -- to me, the way I consider it, doesn't matter whether or not the motion was in conjunction with other things, but RE.6, in itself, passed. So what's wrong with just moving to reconsider RE.6? Mr. Hannon: It's the intent behind the motion. The intent behind the motion was to pass multiple items, and so that's the understanding of the Commission at that time that the motion was to pass those items, the CA and the REs. Chair Hardemon: Right. Mr. Hannon: And so to be able to reconsider, you would need to reconsider the intent behind that motion. And the intent behind that motion was to pass all those items at the same time. Chair Hardemon: And that's what I'm saying. I don't know if I agree with you in that sense. I'm saying that the intent is to pass the items. It's not as if the item had to be passed with another item. So, for instance, "A" plus "B" equals "C." We didn't need "A" and "B." We could have passed "A" by itself "B" by itself and "C" by itself. It's not as if one was dependent upon the other. So if I was considering an item where -- if RE.6 was dependent upon CA.1, then I could understand why you need to reconsider CA.1 plus CA -- RE.6. But here, RE.6 passed. There was a motion. It included other items, but item CA.1 had nothing to do with item RE.6. So just the fact of the matter that there was a motion, that it passed, and the item in and of itself RE.6 stands alone because it -- the way I see it, it passed. So if I want to just reconsider RE.6 without reconsidering any of the other items, I think, as a board, we should be able to do that, and I don't think there's anything that would keep us from doing it within any of our rules of procedure. Mr. Hannon: Well, it's the custom right now in the Commission to reconsider, so if you make a motion on multiple items and -- take, for instance, the consent agenda. When you pass the consent agenda, if you want to go back and revisit something, the custom of the Commission is to reconsider all the items that were under the con -- you know, that you passed through the consent agenda. And so, if the Commission was to create a new custom, then that is something that is within the purview of the body; however, it's just been the custom of the Commission that, again, when you're making a motion and you're passing multiple items at the same time, the idea is to reconsider everything that was involved with that motion, because if we start picking City of Miami Page 57 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 out various items, I'm not exactly sure if the record will be as clear as if we were doing a reconsideration for everything -- of the action that was taken at that time. Chair Hardemon: So, board members, what I'm asking of you is this: Is that we re - - when we reconsider an item, we're specific about what item it is that we're reconsidering. So if we're reconsidering, for instance -- If I want to reconsider the vote on item CA.1 through CA.10 because I want to reconsider each item, then that would be the motion. I move to reconsider item CA -- the vote for items CA.1 through CA.10; or I want to reconsider -- in other words, you can also frame it: "I want to reconsider item CA.1, CA.2, CA.3, CA.4, CA.5, CA.6, CA.7, 8, 9, and 10," and then we can do that; or, in this situation where you had things that passed in groupings, then the motion would be: "I move to reconsider item RE.6," right? It passed because it was in a favorable motion, and all I'm doing is reconsidering that one thing. And I think that if we're clear about that, then it shouldn't be a major issue for us to reconsider that item. Commissioner Gort: Move it. Mr. Hannon: Then we will definitely capture that as a new custom for the Commission and -- Commissioner Suarez: Move to reconsider RE.6. Mr. Hannon: -- moving forward -- Chair Hardemon: Right. Mr. Hannon: -- certainly, you know, implement that. Chair Hardemon: So the motion is to move to reconsider RE.6. Commissioner Suarez: And it's a new custom of the Commission. Chair Hardemon: And it's seconded by the Chair. Is there any -- all in favor of reconsidering RE.6; if so, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion passes. Commissioner Suarez: Move RE.6 -- Chair Hardemon: RE.6. Commissioner Suarez: -- as modified. Chair Hardemon: We're moving RE.6 as modified, as the motion by Commissioner Suarez, second by the Chair. Any further discussion Vice Chair Russell: What was the modification? Chair Hardemon: -- to the modification? The modification would be -- Mr. Min: There were substantial modifications to the draft of the agreement that was originally included as part of the backup materials. The most significant business term that was amended was to include language that -- $2.5 million contribution for improvements were to be made in exchange for the 30-year lease. City of Miami Page 58 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.7 1133 Department of Parks and Recreation That was not in the original draft that was provided to the Commissioners. Additionally, there were additional conditions precedent that were stated in the memorandum -- the lease agreement in order -- that had to occur prior to the lessee moving in. Vice Chair Russell: Agreed. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion passes after reconsideration. Vice Chair Russell: We are going to do the shade, right? Commissioner Suarez: New custom. Chair Hardemon: Yes. Mr. Min: And I would request that you -- RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL MANAGEMENT AGREEMENT("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("MPA"), AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY"), FOR THE MANAGEMENT AND OPERATION OF THE PARKING FACILITIES SERVICING CITY -OWNED AND OPERATED PARKS, FOR A PERIOD OF FIVE (5) YEARS, WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL PERIOD OF FIVE (5) YEARS, FOR A TOTAL TERM THAT SHALL NOT EXCEED TEN (10) YEARS, WITH THE SAME TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT; FURTHER PROVIDING THAT EITHER PARTY SHALL HAVE THE RIGHT TO TERMINATE SAID AGREEMENT AT ANY TIME UPON PROVIDING NO LESS THAN ONE HUNDRED TWENTY (120) DAYS PRIOR WRITTEN NOTIFICATION OF TERMINATION. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.7 was continued to the November 17, 2016 Regular Commission Meeting. City of Miami Page 59 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.8 RESOLUTION 1103 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO PROFESSIONAL SERVICES AGREEMENT ("PSA") NO. 256244, WITH LIMOUSINES OF SOUTH FLORIDA, INC. ("LSF"), FOR THE PROVISION OF MUNICIPAL TROLLEY OPERATIONS SERVICES, FOR THE OFFICE OF TRANSPORTATION MANAGEMENT (" OTM"), IN A ONE-TIME EXPENDITURE AMOUNT NOT TO EXCEED $343,990.00 FOR THE IMPLEMENTATION OF AN ADVANCED PUBLIC TRANSPORTATION MANAGEMENT TECHNOLOGY SYSTEM WHICH INCLUDES REAL-TIME GLOBAL POSITIONING SYSTEM ("GPS") CAPABILITIES IN THE CITY OF MIAMI'S ("CITY") EXISTING FLEET OF THIRTY-FOUR (34) TROLLEY VEHICLES, WITH AN ADDITIONAL ANNUAL EXPENDITURE AMOUNT NOT TO EXCEED $76,539.00 FOR THE HOSTING PLATFORM AND MAINTENANCE SERVICES SUPPORTING THE UPGRADED TECHNOLOGY ON THE EXISTING FLEET; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND/OR MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0521 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Mr. Chair, may I be recognized? Can I take two items out of order, RE8 and RE.15? I think they're non -controversial. Chair Hardemon: Sure. RE.8. Commissioner Suarez: Yeah. It's the Municipal Trolley Operation Services, TSO [sic]. Sandra Harris: Good morning, Commissioners. RE.8 is an -- authorizing an increase of professional service for Limousine of South Florida for our Trolley Service Management System, which is basically our app, (application), our GPS (Global Positioning Satellite), our acquired ADA (Americans with Disabilities Act) announcements', and all the computer -type stuff with that. Commissioner Suarez: Move it. Commissioner Carollo: Second. City of Miami Page 60 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Been properly moved and seconded. Is there any discussion? Seeing none, all in favor, say "aye." Commissioner Gort: Discussion. Chair Hardemon: Oh, I'm sorry. You're recognized. Commissioner Gort: I would like that request of the department that -- we using all these trolleys and we putting in all these new routes. I would like to see a master plan of all this and how we can communicate with each other, and especially with public transportation. I think it's important. I mean, we had come up with this trolley routes, because we have suggested in here, they have worked with them, but I think a comprehensive plan needs to be put together to take advantage of it. Okay? And I requested that about two, three month ago. Commissioner Suarez: And let me just say real quick, Mr. Chair, that -- Commissioner Gort: And let me add a little bit more to it. It's not -- we're not the only city that has trolley. You have the neighboring city, they have trolley. Somehow, we might be able to connect that, and that's something I've been discussing for a while now. Maximize on the uses. Commissioner Suarez: Yeah, and we have been doing that. And I think, you know, we've done a great job with our program. I think somebody who -- came up and spoke today about the program. We've obviously expanded it tremendously. I think we're up above 380,000 riders a month. Ms. Harris: That's correct. Commissioner Suarez: You know, I know we're renegotiating, I think, with our current vendor, who's doing a good job. What I think is important about this system is, for our residents, they now have an opportunity to see things in a more dynamic fashion -- Ms. Harris: Exactly. Commissioner Suarez: -- and I think that's incredibly important, because we're coming into that age where everyone has and wants the ability to know exactly when they 're getting on, when they're getting off -- Ms. Harris: Exactly. Commissioner Suarez: -- and I think that just provides a higher level of ser -- and also good for us to know exactly, you know, performance management and stuff like that, so. Ms. Harris: Exactly. Thank you. Commissioner Gort: I just want to make sure -- we have areas that are not served. Commissioner Suarez: I'm sorry? Commissioner Gort: We have areas that underserved. Commissioner Suarez: Oh, yeah. Commissioner Gort: And I want to make sure we get them to all the residents. City of Miami Page 61 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Suarez: Absolutely. And I think the last discussion that we had on this issue was, we have -- we've expanded them twice. We had the original three. We've expanded them to a second round; which, by the way, has increased the ridership enormously. And we're talking about now a third round of expansion, which we've analyzed; and hopefully, our City Manager will, in the mid year, start thinking about how to fund that third expansion, so. Ms. Harris: Thank you. Commissioner Suarez: Thank you. Don 't get heartburn, Mr. Manager. Chair Hardemon: Any other discussion? Hearing none, all in favor of the item, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Suarez: Mr. Chair. Chair Hardemon: Motion passes. City of Miami Page 62 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.9 1110 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2016", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,158,500.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("USDHS"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2016) AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE - RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. ENACTMENT NUMBER: R-16-0522 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: I'd like to bring our attention, if we can -- I mean, I don't think there's anything controversial about RE.9 or RE.10 and RE (resolution) -- I'll wait on Commissioner Suarez, if he comes back out for RE.13. So is there a motion to approve RE.9 and RE.10? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort. Commissioner Carollo: Second. City of Miami Page 63 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.10 1014 Department of Procurement Chair Hardemon: Seconded by Commissioner Carollo. Any discussion on RE.9 and 10? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF THE ENTERPRISE TELEMATICS GPS SOLUTION FROM SYNOVIA SOLUTIONS, LLC, FOR USE IN CITY OF MIAMI ("CITY") OWNED VEHICLES, CITYWIDE, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING SCHOOL DISTRICT OF ST. LUCIE COUNTY'S REQUEST FOR PROPOSALS ("RFP") NO. 15-08, EFFECTIVE THROUGH OCTOBER 27, 2019, WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE SCHOOL DISTRICT OF ST. LUCIE COUNTY; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND AGENCIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0523 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item RE.10, please see Item RE.9. City of Miami Page 64 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.11 1015 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE MUNICIPAL BOUNDARY CHANGE APPLICATION TO MIAMI-DADE COUNTY BY NORTH BAY VILLAGE, WITH CONDITIONS, PROPOSING THAT THE 79TH STREET CAUSEWAY RIGHT-OF-WAY UP TO THE MEAN HIGH TIDE MARK FROM THE CURRENT WESTERNMOST BOUNDARY OF NORTH BAY VILLAGE TO HARBOR DRIVE, PELICAN ISLAND, MIAMI, FLORIDA BE ANNEXED OUT OF THE CITY OF MIAMI AND INTO NORTH BAY VILLAGE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. ENACTMENT NUMBER: R-16-0524 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.11, please see CA - CONSENT AGENDA. RE.12 RESOLUTION 1178 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BARACK H. OBAMA AND THE MEMBERS OF THE 114TH UNITED STATES CONGRESS TO GRANT TEMPORARY PROTECTIVE STATUS TO HAITIANS IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-16-0525 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.12, please see CA - CONSENT AGENDA. City of Miami Page 65 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.13 RESOLUTION 1135 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO STUDY THE MAXIMUM DENSITY POTENTIAL OF THE CITY OF MIAMI ("CITY") BY CALCULATING THE MAXIMUM NUMBER OF UNITS THAT COULD RESULT IF EVERY BUILDABLE LOT IN THE CITY WAS DEVELOPED TO ITS MAXIMUM ALLOWABLE DENSITY/INTENSITY; FURTHER DIRECTING THE CITY ADMINISTRATION TO REPORT ITS FINDINGS TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS. ENACTMENT NUMBER: R-16-0526 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: RE.13. Is there anyone from Commissioner Suarez office that's listening? Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved by Commissioner Carollo and -- Vice Chair Russell: Second. Chair Hardemon: -- seconded by the Vice Chairman. Any discussion on RE.13? Seeing none, all in favor of the item, indicate it by say -- Vice Chair Russell: I've got a question. I'm sorry. Chair Hardemon: Oh, okay. You're recognized. Vice Chair Russell: Is Mr. Garcia here? This is the one on the density study, huh? Chair Hardemon: Correct. Vice Chair Russell: I was curious if there is a cost to do this study. Is there an external body doing it, or are we able to do this internally? Daniel 1 Alfonso (City Manager): We're doing this internally. It is an estimate, but we're doing it internally. Vice Chair Russell: Okay, thank you. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 66 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.14 RESOLUTION 1192 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, SETTING FORTH A NEW RESOLUTION, DUE TO THE SUNSETTING OF RESOLUTION NO. 15-0465, ADOPTED OCTOBER 22, 2015, EXTENDING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE, TO CONTINUE THE REVIEW OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CONTINUE TO RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, WAIVER OF CONFLICT OF INTEREST, AND PUBLIC NOTICE; AND REAPPOINTMENT OF CURRENT MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-16-0527 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: On the RE (resolution) agenda, all we have is -- left is RE.14. believe RE.14 is also an item that was brought forth by Commissioner Suarez. Commissioner Carollo: And it's to extend the Charter Review until May 2017. believe that's the -- Chair Hardemon: Is that the correct date? Commissioner Carollo: I'm not sure. Victoria Mendez (City Attorney): It is basically to continue the work of the Charter Review Committee. Commissioner Carollo: Until four months, Mr. Mana --? Daniel J. Alfonso (City Manager): We need four -fifths. Commissioner Carollo: We got four -fifths. Commissioner Gort: We got four -fifth. Mr. Alfonso: I know. I'm just saying it's a four -fifths. Chair Hardemon: No. We just want clarification on the record the exact date that it's extended to. City of Miami Page 67 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Carollo: Yeah. I -- yeah, that's -- I thought I read that. Madam City Clerk is saying -- Assistant City Clerk is saying that it's until May 2017. That's what I thought. I'll move it. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded by the Vice Chairman. Mr. Chairman [sic], you're recognized. Vice Chair Russell: When did it sunset that we're renewing it, or did it sunset? Ms. Mendez: It had -- the way it was drafted, it made it sound like if it would -- once their work was done, that everything was submitted to the Commission, then it would sunset at that time. The thing is that the Commission, if you remember, gave a few -- well, the Committee gave many items to the Commission. Based on the short turnaround time to place things on the ballot, then the Commission gave a shorter list of priorities to be given to the Charter Review Committee, and then the Charter Review Committee came back with, I believe, like one to place on the ballot. So I think it's just a natural progression of all the ones that the Commission also thought were important to continue that work to be able to have more time to place on the ballot the changes that need to be done to the Charter, because there are other things that still need to be completed, and there was a lot of work done through that Committee for about 18 months or more, so that's what this -- the purpose of this is. Vice Chair Russell: Thank you. Mr. Alfonso: It is a six-month extension; from the time they 're supposed to sunset for six extra months. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: I just don't want it to be in perpetuity, but I think it's reasonable, the additional amount of time that Commissioner Suarez is requesting. And in all fairness, we did put things back on the Committee's lap so we wouldn't have a ballot with, you know, the 12 questions and so forth, so. Chair Hardemon: You know, and I agree to that. An additional six months I don't think is unreasonable. Certainly, the way that our governing documents are written, it says that the -- that body comes, gives its recommendations, and then it does. It does sunset. And so we don't want this to be an organization that continues to function, despite having an instruction clearly to sunset. So -- but if there is some work that needs to be completed, allow it to do what it needs to do. Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Four -fifths. Motion passes. City of Miami Page 68 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.15 RESOLUTION 1199 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE AMENDMENT 1 BALLOT QUESTION TITLED "RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE", SCHEDULED FOR NOVEMBER 8, 2016 GENERAL ELECTION BALLOT. ENACTMENT NUMBER: R-16-0528 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Mr. Chair, the next one is RE.15. This one is my item, and this is essentially a resolution of the City Commission urging voters to vote "no" on Amendment 1 to solar energy amendment. I can get into all the details, but I think all the members of the Commission are pretty up to speed on what that issue is, so I'll just move the item. Chair Hardemon: Been properly moved. Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. Any further discussion? Vice Chair Russell: If we like solar, we vote ` yes, " right? Commissioner Suarez: Correct. No. Vice Chair Russell: I'm testing you. This is very confusing. Commissioner Suarez: That's why we're voting against this. Vice Chair Russell: I understand. Commissioner Gort: Ken -- Vice Chair Russell: I'm just kidding. Commissioner Gort: -- I'm talking now on last night on the radio station, trying to explain -- Commissioner Suarez: Exactly. Chair Hardemon: Your microphone isn't on. Commissioner Gort: Oh, I'm sorry. Commissioner Suarez: Exactly. City of Miami Page 69 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: I went on trying to explain, and read it; and the more you read it, the more confused you get, all of them, so -- and I understand, the wording's got to be limited, so. Commissioner Suarez: Right. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: And, I mean, one of my biggest pet peeves as a recent citizen, non politician is confusing ballot language, but in this case, I don't think we have confusing ballot language; I think we have deceptive ballot language, and that's even worse. Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Suarez: Thank you, Mr. Chair. RE.16 RESOLUTION 1230 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF FORTY-FIVE MILLION DOLLARS ($45,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL IMPROVEMENTS PROJECTS AT THE MIAMI MARINE STADIUM AND THE ASSOCIATED WELCOME CENTER AND MUSEUM COMPLEX; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, 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 INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI- YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 6, 2016 AS SUBSEQUENTLY AMENDED. RESULT: NO ACTION TAKEN Note for the Record: Commissioner Carollo invoked the five-day rule for item City of Miami Page 70 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.16 pursuant to Chapter 2, Article II, Section 2-33(e), Miami City Code. Once the five-day rule is invoked no action can be taken on the item. As a result, item RE.16 was continued to the November 17, 2016 Miami City Commission Meeting pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code. Chair Hardemon: Okay. Are there --? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, you're recognized. Commissioner Carollo: I have a question on RE.16. The backup materials stipulates that they will be passing out an analysis from the Administration today; is that correct? Daniel J. Alfonso (City Manager): Sorry. Say that again, Commissioner. Commissioner Suarez: The bond. Commissioner Carollo: On RE.16, the backup information stipulates that you will be passing out a financial plan or an analysis done by the Administration today. If you give me a second, I'll go through and I'll read it for you. Commissioner Gort: It was sent last night. Commissioner Carollo: It's a memo to the Honorable Mayor and the Members of the Commission, and it stipulates: "Staff is currently working on an analysis of all revenues and expenses on Virginia Key that will be presented, along with a declaration of intent to finance and reimburse on the October 17, 2016 agenda." Mr. Alfonso: Yes, Commissioner. Budget Office will have that item for you later today. Commissioner Carollo: For this --? Mr. Alfonso: For this Commission meeting. Commissioner Carollo: Okay. What I'm going to do is I'm going to invoke the five- day rule on RE.16. Chair Hardemon: All right. Five-day rule has been invoked. So, Mr. Clerk, what -- Commissioner Suarez: Means you guys have to move it to the next meeting. Chair Hardemon: -- it would be on the -- when is it reset to? Commissioner Carollo: Next meeting. Chair Hardemon: Next meeting? Todd B. Hannon (City Clerk): I'm sorry. So we're going to continue RE.16; is that what you're saying? Commissioner Suarez: No. He's invoking the five-day rule. Chair Hardemon: He's invoking the five-day rule. City of Miami Page 71 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Hannon: Oh, invoking the five-day rule. Commissioner Carollo: Which automatically gets deferred to the next meeting. Commissioner Suarez: Right. Mr. Hannon: Understood. Commissioner Suarez: Based on a modification of the item, I guess is what your basis is, right? Commissioner Carollo: Well, it stipulates that today we're supposed to receive some analysis on the financing. Commissioner Suarez: Right, and you haven't gotten it. Commissioner Carollo: Right, we have -- I don't -- Commissioner Suarez: No. Commissioner Carollo: Exactly. Chair Hardemon: Okay. All right, so -- Vice Chair Russell: Does that need a motion? Commissioner Suarez: I don't think he needs a motion. It's an invocation, and so it's automatic -- yeah. Commissioner Carollo: It's an invocation. City of Miami Page 72 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 RE.17 RESOLUTION 1190 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING INSTRUCTIONS IN RESOLUTION R-14-0421 DATED OCTOBER 23, 2014 AUTHORIZING THE CITY MANAGER TO ACCEPT PUBLIC BENEFIT IMPROVEMENTS PURSUANT CITY OF MIAMI ZONING ORDINANCE 13114 SECTION 3.14 TO E. PALLOT PARK IN AN AMOUNT OF IMPROVEMENTS OF A MINIMUM OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON REVOCABLE TRUST, FURTHERMORE SUBJECT TO THE PASSAGE OF A RESOLUTION AT A FUTURE DATE, BY A FOUR -FIFTHS (4/5TH) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING TO CONSTRUCT A SEAWALL AT PALLOT PARK, LESS ANY WALKWAY OR FILL NEEDED FOR SAID PROJECT AT A COST NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000) AS PART OF THE PUBLIC BENEFIT PROGRAM FOR E. PALLOT PARK. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.17 was continued to the November 17, 2016 Regular Commission Meeting. END OF RESOLUTIONS City of Miami Page 73 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 BU - BUDGET BU.1 BUDGET DISCUSSION ITEM 1093 MONTHLY REPORT Office of Management and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: Let's move on to BU.1. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. BU.1 is the normal monthly budget report, and we're looking at -- forgive me; I'm having some technical difficulties here. We are looking at a budget surplus of $23 million in the general fund. We're looking at the internal service fund finishing the year at right on budget, so just 23 million is our surplus. Commissioner Carollo: Mr. Chairman, ifI could? Chair Hardemon: Yes. Commissioner Carollo: Are we speaking about last year or --? Mr. Rose: Yes, last year, sir. Commissioner Carollo: Okay. The year ending September 30, 2016, correct? Mr. Rose: Yes, sir, '15/16. Commissioner Carollo: So you've actually closed out? Mr. Rose: Yes, sir. Commissioner Carollo: Which is probably a question more for Jose Fernandez, but we have closed out. Daniel J. Alfonso (City Manager): 23 million, by the way, means that the fund balance is going down, because we had used more than 23 million of reserve to complete the budget. So even though there is a surplus, that surplus includes the revenue of -- the one-time revenue that was used, and so the surplus is not enough to cover that, so our fund balance will be declining this year when the CAFR (Comprehensive Annual Financial Report) comes in reference to the previous year. Commissioner Gort: What's going to be our fund balance now? City of Miami Page 74 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Rose: It will go from 147 million, roughly, to 143 million, Commissioner. We have a financial integrity principle requirement of 112 million -- Commissioner Gort: Right. Mr. Rose: -- and some change. I do want to point out, though, about half of that 112 is allocated and unallocated; meaning, spoken for or not spoken for, and the majority of our Building revenues are in that allocated side. So we're kind of close to that piece, but the unallocated is fine. So overall, we are expecting to meet our financial integrity principles for last fiscal year. The books closed just yesterday, so we are in an audit period right now; sometimes commonly referred to as "Month 13," so there may be audit adjustments coming. Our projections include a couple of things that I'd like to bring to the Commission's attention. They are health insurance costs that were, on the year, approximately $7.4 million higher than what we had expected them to be -- what we had budgeted them to be. Now, we still came in okay, overall, in the internal service fund, but health care is now going up, and we are watching that, Commissioners. Police is also over budget, due to the Fraternal Order of Police contract that occurred after the mid year. Capital Improvements has -- is expected to go over budget, due to payments to the vendor for the red light camera, so revenues were higher; therefore, the expense was also higher. Fire Department budget is also expected to be over. A lot of that has to do with pharmaceuticals and the revenue sharing with -- according to the collective bargaining agreement. EODP (Equal Opportunity and Diversity Programs) is slightly over budget; about $1,200 is what we're looking for there. We also have our -- built into that projection the recent legal penalty: IRS (Internal Revenue Service) liability of $144,000, and Zika costs of $149,000. That's all last year. We will be bringing year-end closeout to you in November. And we're watching Hurricane Matthew expenses and Zika expenses in the New Year. I'll take any questions you may have. Commissioner Gort: Are we expected to get reimbursed from the Federal Government -- Mr. Alfonso: We're working on that. Commissioner Gort: -- on Matthew because --? Mr. Alfonso: We don't think so, because we don't think that the State of -- the Dade County expenses reached a certain threshold, so I don't think we'll be getting any reimbursement for the storm -related stuff. The Zika, you know, that's still -- Chair Hardemon: I will tell you that I just received -- when the Governor was in town, we had a press conference, or he had a roundtable gathering, and I wasn't able to make the roundtable gathering, but I saw him afterward. And I pitched, and I did to him to help with some of the things that we're already doing within the City of Miami, which is -- are passing out -- for instance, in District 5, we're passing out the mosquito -catching machines, and so that was being donated by an organization, and so they're called "Dynatrap Machines." And I expressed to him what the idea was; not only to him, but also to our County Mayor. And then -- and so I received a phone call this morning, basically saying that -- well, I haven't had a chance to dialogue with them, but the Governor's office expressed some desire to assist in using some of the funds that he has in providing other types of resources to our neighborhoods, so they can feel safe and have the peace of mind without worrying about the mosquitoes, so I'm going to see how far that goes. Mr. Manager, I'll be definitely in contact with your office to see what we can do, because one of the ideas that we want to have is that we want to utilize -- and I've discussed this with our City Manager -- is utilizing, especially within our low-income neighborhoods where there City of Miami Page 75 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 are not people who have a lot of jobs, and so if you have people who don't have a lot of jobs, we can empower those people by giving them jobs, and they can spread and disseminate information about Zika, work along with our County administrators in providing the service directly to those communities. So now it's just not someone coming from Tallahassee or coming from the County and providing a service, and coming into our communities and doing it, but empowering people who are inside the community to go and knock on the doors in their own community and spread that information. So hopefully, we can get additional funds to make this work, but if not, we need to try to make it happen ourselves, at least for our community, but I think that we'll have some support at least from the County. Mr. Alfonso: Thank you. Thank you, Commissioner; look forward to that. And, Mr. Chairman, additionally, I want to point out -- and I don't know if Chris was going to cover it next, so perhaps I'm stealing his thunder. Are you going to talk about the possible amendments that we may want to bring to close out the year, projects that maybe we're shortfall, et cetera? Mr. Rose: Yes, sir. Mr. Alfonso: Okay. Mr. Rose: So at the November 17 agenda, we will be bringing the year-end closeout for last fiscal year. In addition to the health cost, Police Department, Capital Improvements, and Fire, and EODP that I mentioned earlier, we have some movement associated with the half -penny sales tax. We received an audit from the Citizens Independent Transportation Trust of the County, and we will be moving some funds from debt service into -- back into the half penny, and we're going to be receiving a slightly smaller amount over years to correct for some of the things -- some of the findings that they had. We will also be looking at the storm water utility. Commissioner Carollo: Before you go to storm water utilities, so in other words, they found that we were improperly using some of that money, and therefore, they're going to reduce the amount for future years, is what you're saying? Mr. Rose: Effectively garnishing the amount, yes, sir, for -- Mr. Alfonso: Let me expound on that a little bit. Now, this goes back to prior to 2012, I believe. Mr. Rose: Correct. Mr. Alfonso: Correct? Mr. Rose: Yes, sir. Mr. Alfonso: Yeah. So we had been disputing with the County CITT (Citizens Independent Transportation Trust) folks whether their use of certain funds for some of the things that were done with the half penny back then were appropriate expenses or not. This is something that's been going on for a long time. In the end, before -- we, in 2012, came to the realization that we had to change the way in which we accounted for the half -penny funds, so we came up with a different accounting structure, et cetera. But prior to that, our systems -- the funds were, I guess, commingled, Jose? Jose Fernandez (Director): Jose Fernandez, Finance. The biggest chunk of that, Commissioner, is when the fund was initially created back in '07/08, it was created, and interest wasn't being recognized in that fund, so the biggest chunk of that is City of Miami Page 76 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 about $2 million of interest that we never char -- you know, credited the fund for; so as a result of that, they're going to deduct $92,000 to get that chunk of it. So the biggest -- the lion's share of what they're going to be deducting for is the interest that we never credited the fund. Commissioner Carollo: So will it be a one-time credit or --? Because -- Mr. Fernandez: It'll be $92,000 until they recover the entire amount, monthly. Commissioner Carollo: Which is about $2 million? Mr. Fernandez: For the interest, it's about $2 million, and then the other part of it is about $800,000 for On -Demand Transportation that -- there was -- we couldn't provide evidence to them that we had cross-checked with the County that they were also using STS (Special Transportation Service). Those are the -- Commissioner Carollo: Right. Mr. Fernandez: -- that makes up the -- about 95 percent of the total -- Commissioner Carollo: Right. Mr. Fernandez: -- what they were going to be recovering. Mr. Alfonso: The issue with the On -Demand Transportation is something that we've brought to the Commission -- I know that this Commission a lot of -- well, a lot of people were signed up for On -Demand Transportation, but to the extent that they also had STS, they were double-dipping, and that's not allowed. So we have to return the funds that those people used to transport themselves on On -Demand back. Commissioner Carollo: Did we know that they were double-dipping? Is it something that we could discuss with the vendor? Because -- I mean -- Mr. Alfonso: Well, it's -- they're individual, so we're now asking the vendor to cross- reference the list back to STS, so we're cleaning our list as well, and we're going to have to drop a number of people from our On -Demand list, because -- Commissioner Carollo: Unless they drop the STS. Mr. Alfonso: Yes. Commissioner Carollo: Unless the individual drops the STS. And I guess my question is, is it the City of Miami that needs to keep track of these individuals, or is it the vendor, the company? Mr. Alfonso: No. It's on us. The vendor's only providing the service of transporting the person. That person has a ID (identification) card that identifies them as a authorized user, but we issue the card or STS issues the card, not the vendor. Commissioner Carollo: Is there something in place so that doesn't happen? Is there some controls? Mr. Fernandez: Well, it's being cross-checked now. This was things that dated back to -- like $300,000 of the amount was prior to On -Demand being an eligible cost. And then like $450, 000 was the portion that was never cross-checked, but it's being cross-checked now, going forward. City of Miami Page 77 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Ques -- I have a question. Was the vendor paid by the State -- by the County and by us? Mr. Fernandez: No. The vendor's paid by us. Commissioner Gort: I understand, but do they collect it twice? They're the one that double -dip, right? Mr. Fernandez: Well, they're not getting paid twice for the same ride. Commissioner Gort: Right. Mr. Fernandez: It's just that you can't have STS and also be registered with the City for On -Demand Transportation, so they're not double-dipping from the perspective of the same ride. You can only just benefit from one of the two programs. Commissioner Gort: Right. Mr. Alfonso: Yeah. No, the vendor's not getting paid twice. Commissioner Gort: No, I understand. And then -- Alberto Parjus: Good morning. Alberto Parjus. Commissioner Gort: By the way, if they don't use their service, then they're saving that money, right? So we're providing the expenditure? So why should we pay for the --? Mr. Alfonso: Because the individual is not allowed by law to be under two programs. Mr. Parjus: IfI may? Commissioner Gort: Okay. Mr. Parjus: Commissioner, good morning. Alberto Parjus, Assistant City Manager. The issue is that the CITT regulations prohibit that an individual that is on the STS Service uses another form of transportation, paid also by half -a -penny funding, which is kind of interesting. Commissioner Carollo: Understand, Mr. Parjus. But what -- my question was, who is tasked with making sure that the person is not in any other -- Mr. Parjus: We are. Commissioner Carollo: -- type of services? Mr. Parjus: We are. We are now double-checking, and we've been effective on it, that an individual that is an STS-certified individual be notified that cannot use our services, because it will put in jeopardy the trip paid by CITT. Now, we have not been a hundred percent effective yet. Commissioner Carollo: Real quick, without getting into the weeds too much, but I want to know; this is important. This is monies that never -- the City of Miami's going to be losing. How does the City of Miami know if an individual that signs up is with another type of transportation services? City of Miami Page 78 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Parjus: Because we get the list from the County on a monthly basis, and we do the cross-check with our list. Commissioner Carollo: Is there any way to automate that? Mr. Parjus: We are not there at this point yet. We're working with the County to make it by trip individually, but we have asked the vendor to do it on their end. But you have to understand, in a certain way -- excuse me -- it's sort of -- First of all, the two units that provide the service for them are separate; and the second of all, could be viewed as a conflict of interest on their part to do the differentiation, because it's - - the cost of the STS Service is higher than our cost. So for the vendor, you know, it's an issue of diverting client from one service to the other, which is not view, you know, very well by the CITT. So it's on us to make sure that the -- a conflict of useable services does not occur. Commissioner Gort: Let me ask a question, because I've not seen the application for the City of Miami. Do they have a line where they ask if they have another services? Mr. Parjus: We do now. Commissioner Gort: Okay. But we didn't have that before? Mr. Parjus: We -- my understanding, we didn't had it before. Commissioner Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Is it possible to get a full written report on this? Mr. Parjus: We could give you a white paper, yes. Commissioner Carollo: Full written report. Mr. Parjus: Yes, yes. Commissioner Gort: But I think you should let the users inform, because I will tell you, most of the people that are using the City of Miami also have the (UNINTELLIGIBLE). Mr. Parjus: Yes. Commissioner Gort: Because we will not take them outside of the City, and a lot of these people go outside of the City, and that's one of the biggest complaints we receive in a lot of our meetings with the individuals. Mr. Parjus: Also, our use is limited -- Commissioner Gort: Right. Mr. Parjus: -- to medical reasons, going to the supermarket, pharmacy, et cetera. Commissioner Gort: Right. Mr. Parjus: The STS is system -wide; they could do whatever they want. City of Miami Page 79 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Yeah, wherever they want to go. Right. Mr. Parjus: Right. Commissioner Gort: But they need to understand, they cannot have them both. Mr. Parjus: Right. Commissioner Gort: People have to be informed. Mr. Parjus: Yes, sir. Victoria Mendez (City Attorney): The problem is also that the STS Service requires a lot more rigid requirements. You have to have a doctor's note. You have to go in. Commissioner Gort: Right, right. I know. Ms. Mendez: You have to -- there's a lot of things that the -- Commissioner Gort: It's very difficult, yeah. Ms. Mendez: -- very regulated. Mr. Parjus: Yes. Chair Hardemon: Any further discussion? I know you want to finish your -- Mr. Rose: Thank you, Mr. Chair. A few more things that may be come -- Yes, Commissioner. Commissioner Carollo: I'm sorry. Going -- I'll wait till the written report. Mr. Rose: A few more things that will likely be coming at the end -of -year closeout in -- on November 17. We will be including the cost of a Storm Water Master Plan. We've talked about it at last few Commission meetings. There is cancer prevention for the Fire Department that was approved off budget, and so we're bringing that back. The cost of the Police helicopter happened after the mid year, so we just need to adjust from non -departmental to capital. Emergency repairs at Hadley Roof and then there is a non -reimbursed grant for the Virginia Key Beach Trust for expenses that happened in -- about 10 years ago now, in the amount of $970,000, so we will be bringing that forward as well, and there will be more discussion at that time. Commissioner Carollo: Could you expand a little bit more on that 900,000? Mr. Rose: Yes, sir. There was a grant from the County for $5 million for the Museum at Virginia Key Beach and expenses were incurred, and the County has decided not to reimburse those expenses that happened a long time ago. We've been carrying a deficit for a while, and we are moving forward to correct that deficit in the year-end closeout, sir. Mr. Alfonso: My understanding is that there were expenses related to design of the facility that they wanted to build, which would have been a reimbursable expense, but back then, nobody ever went to the County and asked for the reimbursement. So by the time we uncovered the shortfall by looking through the financial systems and trying to correct it, we asked the County, and it was -- it's too late. So we have to zero it out. We can't just keep carrying the un-reimbursable expense. We were also City of Miami Page 80 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 -- and Chris is not aware of this. But I want to make sure that -- there's a few projects that we've been working on. One of them has to do with the boat ramp in Curtis Park -- Commissioner Gort: Yes. Mr. Alfonso: -- and whatnot, we have uncovered as we fixed the boat ramp, and we're digging now. We got the approval to move forward with that remediation project. There's some additional costs that we're probably going to have to incur on that project. So to complete the project, we'll have to come now at the mid year and try to appropriate some more funds for it. Also, the Woman's Club, Commissioner Russell, we're looking at a possibility of needing about another 160, $170, 000 to complete that project beyond what was estimated, so we'll be addressing that as well, hopefully, through the closeout. Commissioner Gort: You also have the Curtis Park remediation. Mr. Alfonso: Yeah. That's what I was talking about. It includes the boat ramp, the pool -- Commissioner Gort: The boat ramp, the pool, and the mediation; all of it. Mr. Alfonso: The park, yeah, exactly. It's a large chunk, so -- Commissioner Gort: Yes. Mr. Alfonso: -- I'm having staff look at it deeply, because it could be like $2 million. Mr. Rose: And Commissioners, as I've been meeting with you about capital re - appropriations that will also be coming back in November, we're on our side looking at our capital projects that's -- those are two of them. We got a small shortfall in Southside Park on the remediation side. And we're just looking at all capital so that when we bring it back, it'll be comprehensive as well on November 17. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: What monies were used for all the remediation of the parks in the City of Miami, other than Bayfront Park that --? Bayfront Park Trust paid for their own remediation, but -- Mr. Alfonso: If you'll recall, the Commission gave us authority to spend -- I think it was 11 --10 or 11 million -- Mr. Rose: 10.1, sir. Mr. Alfonso: -- $10.1 million that we were going to borrow to pay for that, so we've used that, pretty much. We're down to the end of that. Commissioner Carollo: So you've used all the 10.1? Mr. Rose: We have allocated all the 10.1. We still have two parks that are outstanding -- and Capital Improvements can correct me -- but really, it's Curtis Park and Douglas Park are the two that are still spending. We're still within the 10.1 that the Commission gave us; again, declaration of intent to reimburse, so we City of Miami Page 81 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 have not brought the final financing back to you, but it would be in that, but we're within that 10.1 at the moment. We're looking at those two. Commissioner Carollo: Are you saying that within the 10.1, you really needed 10.2? Mr. Alfonso: No. We're going to need a lot more than that. The 10.1 -- or 10.2 -- will get you -- the 10.1 does not give you enough to complete the work that we're doing at Curtis, so we're going to come back for additional monies for that. Commissioner Carollo: So when you do that -- and we'll see what funding source -- when you do that, that's when you come to Southside, no? Mr. Rose: Yes, sir. Mr. Alfonso: Yes. Southside is a small amount, though, compared to Curtis. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chair. Didn't we help mitigate a lot of the cost on the Virginia Key cleanup that the County did by providing a lot of the fill and the sand? And is there leftover money from their cleanup that could be utilized in our cleanups? Are those monies fungible at all? Mr. Alfonso: Those monies are not being released yet by the County, so that's money that, in the future, we'll -- Vice Chair Russell: That's a goal. That's a hope, though, right? Mr. Alfonso: That's a goal. Vice Chair Russell: Because they spent a lot less than they expected out there -- Mr. Alfonso: Correct. Vice Chair Russell: -- but we were part of that help. Mr. Alfonso: Correct. Commissioner Suarez: Mr. Chair, ifI may, sir? Mr. Alfonso: But right now, we have to spend now. Vice Chair Russell: Of course. Commissioner Suarez: And I don't know if we have it formally in writing, but I know that they've represented to us that they are going to give us a savings from that remediation, so. Mr. Rose: Yes. That was in the -- Commissioner Suarez: Yeah. Mr. Rose: -- interlocal agreement with the County. Commissioner Suarez: Correct. City of Miami Page 82 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: But if you recall, there was certain criterias [sic] that had to be followed in order to qual fy for those funds. Mr. Rose: Yes, sir. Commissioner Gort: And I don't recall what he criteria was, but I think something had to do with the water or -- Mr. Rose: It -- Mr. Alfonso: I don't remember off the top of my head, but there are restrictions on it. It's not for whatever. Mr. Rose: It's solid waste funding at the County, and it must be used for remediation purposes. Commissioner Gort: Right. Mr. Rose: So the agreement at Virginia Key is for 45 million -- if I remember right, $45.6 million. If they underspend, then it can be used on other remediation projects; cannot be used on anything; has to -- Commissioner Gort: Okay. Mr. Rose: -- okay. So they have not released any of that at the moment, so they have to finish the project before we know. Commissioner Carollo: So the reason why they haven 't released anything is because they need to finish the project? Mr. Rose: They have not finished the project, correct. They're closing that landfill at Virginia Key for us, on our behalf, as -- according to the interlocal that we've agreed. Commissioner Carollo: Understood. I thought -- I just thought that it was -- it happened already. I thought that they had closed -- actually closed out the project. Mr. Rose: No, sir, not the $45 million -- Commissioner Carollo: Right. Mr. Rose: -- project at Virginia Key. No, sir. Commissioner Carollo: Do you know -- can you anticipate when that will happen? Jeovanny Rodriguez: Good morning, Commissioner. Jeovanny Rodriguez, director of Capital Improvements. The last schedule that I got from the County was late 2018, but they're still behind on that. I don 't have a revised schedule from them. Commissioner Carollo: 2018? Mr. Rodriguez: Yeah. So it's -- Commissioner Carollo: Long time of -- Mr. Rodriguez: Huh? City of Miami Page 83 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Carollo: Long ways ago. Mr. Rodriguez: Yes. Commissioner Carollo: A long ways away. Mr. Rodriguez: Correct. Commissioner Carollo: Mr. Rose. Mr. Rose: Yes, sir. Commissioner Carollo: Question: So you're planning in the November Commission meeting to do a closeout -- right? -- a close-out adjustment? Mr. Rose: Yes, sir. Commissioner Carollo: And you're bringing Curtis Park and Southside, is what you said? Mr. Rose: Yes, sir. We're -- we will -- Commissioner Carollo: You're bringing both of them. Mr. Rose: -- have a plan, at least, if not actually included in the year-end closeout. At the moment, we're still under 10.1, so -- the 10.1 million that has been agreed upon. We will not cross that threshold. We will have a plan and an approval before we cross that threshold. Thank you, Commissioners. Chair Hardemon: Any further questions? Seeing none, thank you very much. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 84 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 AC.1 1242 Office of the City Attorney AC - ATTORNEY CLIENT SESSION RESOLUTION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE OCTOBER 27, 2016 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15- 200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE - CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: So. Barnaby Min (Deputy City Attorney): I would request, if I may, Mr. Chair, that the shade meeting occur first, because we do have a court reporter who's been here since 2 o'clock, so out of respect for her, if we may? City of Miami Page 85 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Let's go. Commissioner Suarez: Okay. Chair Hardemon: That's fine. So -- Mr. Min: On October 13, 2016, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested that the City Commission meet in private to discuss pending litigation in the following cases: Village of Key Biscayne versus City of Miami, Case Number 15-200 AP, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Appellate Division; Village of Key Biscayne versus City of Miami and National Marine Manufacturers Association, Case Number 3D15-2824, before the Third District Court of Appeal; and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The City Commission approved the City Attorneys request, and now, at approximately 7:10 p.m., commence a private attorney -client session under the parameters of Florida Statute Section 286.011(8). The private attorney -client session will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice -Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, sir. Chair Hardemon: Thank you. We'll be in recess till then. Later... Mr. Min: Commissioner and Mr. Chairman, we've concluded the executive session if you -- or shade session -- if you want to re -- adjourn the meeting. So the meeting needs to be adjourned, and then we can go back to the executive session. Chair Hardemon: Right. So we can adjourn. Mr. Min: Adjourn this meeting, correct. Chair Hardemon: So the October 27, 2016 meeting is now officially adjourned. END OF ATTORNEY CLIENT SESSION City of Miami Page 86 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 1088 Commissioners and Mayor DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS RESIDENTS. RESULT: DISCUSSED Chair Hardemon: We have DI.1. Commissioner Carollo: Homeless bed availability. Chair Hardemon: Homeless bed availability. Vice Chair Russell: Do we have an update on that? I have the report, but -- I'm good there, actually. Chair Hardemon: Okay. DI.2, 2017 legislative priorities. Commissioner Carollo: Hold on. Are we going to get some --? Commissioner Suarez: Can we leave that for the afternoon, because it's only five minutes left for lunch, or do you --? Chair Hardemon: No. I mean, the DI.2, I don't know if we're going to be -- this -- (UNINTELLIGIBLE). Commissioner Suarez: Because that could be lengthy; I don't know. What do you think? Chair Hardemon: You have a lot to --? Commissioner Suarez: I don't know. I mean, it's -- I don't know. Maybe not. I don't know. What do you think? Chair Hardemon: Yes. This is the last item that we have for the regular agenda. Commissioner Suarez: Okay. Commissioner Carollo: Yeah, but I'm saying, DI.1, homeless bed availability. I mean, could we --? Chair Hardemon: Was there a report that was forwarded to all of the Commissioners for the homeless bed availability? I believe it was. Daniel J. Alfonso (City Manager): Yes, we did, Commissioner. We sent that report out. Chair Hardemon: You have a question about it? Commissioner Carollo: No. It's just that I thought we were going to discuss it. City of Miami Page 87 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: If there's something you want to discuss about it, you can. Mr. Alfonso: You want to discuss it, let's discuss it. Vice Chair Russell: Which item, DI.2? Chair Hardemon: DI.1 Commissioner Gort: What are we waiting for? Chair Hardemon: Hmm? Commissioner Carollo: Homeless bed availability. Mr. Alfonso: Do you want to discuss specifically the portion that Officer Bernat --? Chair Hardemon: You have -- we'll bring -- Officer Bernat, he's coming to the microphone right now. Officer Bernat -- not "officer"; I apologize -- but we're discussing the homeless bed availability. There was a report that was forwarded to the Commissioners, but I believe that Commissioner Carollo may have a few questions about the item. Commissioner Carollo: And more than anything, homeless continues to be an issue in the City of Miami and elsewhere also, and I want to make sure that we put -- you know, we discuss what the report stipulates on the record so that it's not just sent to us, but that also our residents could listen to exactly what the bed availability is and so forth, due to Pottinger. James Bernat (Senior Executive Assistant to the Police Chief): Yeah. So are you referring to the Pottinger placements at Chapman has availability, Commissioner? Mr. Alfonso: Yes. Because when you look at the Utilization Report for the beds that are not Pottinger-specific, we use 100 percent of the available beds. So I guess the only question the Commissioner would have is, we look at the Chapman reported 70 percent utilization rate, but I know that there's some discussion about that, because if we take somebody and that person leaves, they count it as vacant, even though we have placed somebody there, et cetera. So you want to talk about that. Mr. Bernat: So -- yeah. So the policy of Chapman is, if an individual is placed by the City of Miami Police Department and they are not there the next day, the first 24 hours, they're not even registered. So even though we are in compliance, and we're bringing individuals every day into Chapman, last month's report, I believe there's a discrepancy of 18, I believe, and we -- there was only two that were not brought for the -- for that month, so there was 16 names not on the report that I have that we placed; and that tells me, when I met with their CEO (chief executive officer) a few times, is that those 16 individuals left by the next morning, so Chapman is not counting -- or even though we placed them in there and dropped them off and did the paperwork, they're not registered in Chapman, because they did not stay for the first 24 hours. So they don't count the placement until the second day. Vice Chair Russell: Why not? Mr. Bernat: That's a question you need to ask them. That's how they do their internal procedures. I've requested a few times. I met with their CEO a few weeks ago. I requested again to do a separate column for us to reflect our actual placements, but that hasn't happened yet. City of Miami Page 88 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: Once there's a placement into a Pottinger bed at Chapman, if someone leaves later in the night, are you informed that that bed is now again available, if you had something come up at 2 a.m., 3 a.m.? Mr. Bernat: No, because they could leave an hour, they could leave 12 hours, they could leave 18 hours, and understand that we not necessarily have an officer available to place the next person, because we're answering calls for service. So the placement are done. What happens afterwards is an internal process that happens with Chapman. The placements are done; we're not notified, but then when they report back to the City, they show zero placements, even though we placed two for that day. Vice Chair Russell: Do you have two a day you can place? Mr. Bernat: That's correct. Vice Chair Russell: Do you feel you have the need for more? Mr. Bernat: Yes, because -- for example, today, I have no beds, except for the two at Chapman. Generally, women beds are a luxury. I usually don't have female beds, and the beds I do have normally are upper bunks. So when I routinely come into disabled elderly individuals that can't go to a bottom bunk, even though I might have a bed available, they are not eligible for placement, because the accommodations don't allow them to be placed. Vice Chair Russell: What would be ideal for you? What would be the number? Mr. Bernat: Well, the issue with -- is availability of shelter space, because even if there was funding or additional funding for shelter space, there's a -- question is, where do you place those individuals? So what I would like to see is to be in compliance with Pottinger and to have the beds that we have, we need short-term stays, so we could respond to the needs of the community, we could do the right things for the homeless, and have individuals go into short-term, and for the -- and then have an opportunity to move into a more permanent bed; this way, we would have more availability and be able to responds [sic] to the needs of the community. Commissioner Gort: How many spaces do we have for permanent beds? Mr. Bernat: Well, we have -- currently, right now, most of our placements is done at Camillus House, and it's 75 beds. Commissioner Gort: Okay, 75. But once they get out of that program, where we take them? Mr. Bernat: Well, they go into the continuum of care. So they move into the continued care. Some will walk out; some of them -- their time will expire, and the ones that continue will move into another shelter or move into transition or permanent housing. Commissioner Gort: Because according to what I see throughout our neighborhoods, we need hundreds of beds. City of Miami Page 89 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Bernat: Excuse me? Commissioner Gort: According to what I see through our neighborhoods, we need hundreds of bed [sic]. Mr. Bernat: Correct, but we're talking about two different things. We're talking about long-term, and we're talking about short-term. What I'm talking about is short-term, is because when the police get involved and there's a Pottinger situation or it's a safety issue is because the homeless individual's blocking the sidewalk or is causing an impediment [sic], where they have to walk into the traffic, or a situation that we have to get involved. So we all understand criminalizing the homeless is not the way to go. It's not effective. And we need to show that we are doing the right thing, but we need to have the resources available to encounter and respond to the needs. Commissioner Gort: The reason I ask this question, because I think it's very important for the people here and the people watching this program to understand we have limitation, because people keep complaining. If they don't want to go, we can't take them. That's my understanding, because of the Pottinger; am I correct? Mr. Bernat: Correct. But remember, Pottinger also stipulates that we can't take any police action if they're doing those violations, if I don't have a resource to offer up. Commissioner Gort: No, but we all understand that, but I'd like for the public to understand the limits that we have in dealing with this problem. Mr. Bernat: Correct. Vice Chair Russell: Our true limits are the units of shelter and the units of housing, and that's something that we can effect as a Commission in the medium to long term. And so I've been meeting with Ron Book, chairman of Homeless Trust, on a regular basis now to look and identify the properties where we can start to incentivize development in that level so that we can now, one, get people out of shelter and into the next transitional stage, but then make more shelter available, because over the last 10 years, the numbers have basically stayed the same; about a thousand in the streets and about 3,000 in shelter. We need to do better. You're on the frontline dealing with the triage on a day-to-day basis of what the homeless need and what the community needs. What we need to really be focusing on is those units of housing, and I know that many of you already are. I'm in. I'm in, and I want to help, so count my district in. Chair Hardemon: All right. Mr. Bernat: Commissioners, if I may add something. It's very important not only to be compliance with Pottinger, but to have available shelter, even in short term, is we never know when the homeless individual is ready to not walk out of shelter and say, "I don't want to have this life anymore." And if we continue not to have the resources, then we're not going to affect those lives. If we place 10 people in, I don't know if number 9 and number 7 would -- is their time to say, you know, "I'm ready to stay in. I want to go to treatment. I want to, you know, take my medication for mental illness," and we get those successes, but we only get those successes by providing and having those resources on a regular basis. Chair Hardemon: The properties that you're identiing, hopefully we're looking outside of just the boundaries of Overtown. Any further discussion? Seeing none, thank you very much. I appreciate it. City of Miami Page 90 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 DI.2 1229 City Manager's Office Mr. Bernat: Thank you. Chair Hardemon: All right, so we're on lunch recess. We'll return back at 2 o'clock. We're in recess. Victoria Mendez (City Attorney): We have a shade meeting, and we have an executive labor session. Do you have an idea which one you would like to do first? Chair Hardemon: We will probably do the -- Vice Chair Russell: Lunch. Chair Hardemon: -- executive -- lunch, you're right, Vice Chairman -- the -- well, let me ask you a question. With the executive labor session, is there -- there's not a corresponding item that's on the agenda? Ms. Mendez: No. Chair Hardemon: No. So what we're going to do is we're going to come back; we're going to try to finish our agenda as quickly as possible; and then, once we're done, then we can go upstairs and handle our shade meeting and our executive labor session. Ms. Mendez: Okay. Vice Chair Russell: We have two shades, right? Ms. Mendez: We have the shade -- one shade meeting and one labor session. Chair Hardemon: Okay. All right, meeting's in recess. Vice Chair Russell: 2 o'clock. Chair Hardemon: 2 o'clock. Mr. Alfonso: What time are we coming back? Ms. Mendez: Chairman. Chair Hardemon: 2, 2. Ms. Mendez: Thank you. DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S STATE AND FEDERAL LEGISLATIVE PRIORITIES FOR CONSIDERATION BY THE FLORIDA LEGISLATURE AND UNITED STATES CONGRESS IN 2017. RESULT: DISCUSSED Chair Hardemon: However, there is a -- one discussion item that we've been having this young lady hang on by the thread of her jacket, so. City of Miami Page 91 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Diana Arteaga: Much appreciated. Good evening. Diana Arteaga, Government Relations for the City of Miami. I put before you the draft of the legislative priorities for Federal and State issues for you to consider, and if you have any suggestions on additions -- I know there was one that was discussed earlier today about working with other municipalities to encourage HUD (Department of Housing and Urban Development) to modem their position on the neighborhood preferences for affordable housing, so we'll gladly add that to the list, and if there's any other suggestions at this time, happy to hear them. Commissioner Gort: I have one. Commissioner Suarez: Mr. Chair. Ms. Arteaga: Yes, sir. Commissioner Gort: Incentive for the film industry. Commissioner Suarez: Yeah, it's on there. Ms. Arteaga: Film tax credits is on here, sir. Commissioner Gort: Okay. Right there? Okay. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: I'd like to ensure or to request of the legislature that they fully fund the Sadowski Trust Fund for Affordable Housing, which has been under- funded for a few years, number one. Number two, something we're working on with the League -- and this is important -- for Transit is right now, new start fundings -- it doesn't have a Federal match -- is only 12 and a half percent of the project cost. We're going to be asking through the League and also would like to incorporate in our legislative agenda that the State increase its new start funding from 12 and a half percent to 25 percent; and finally, that they provide funding in an amount equal to the State's portion of its funding for the port tunnel for a tunnel in Brickell, connecting Brickell to Biscayne. Ms. Arteaga: Okay. Is there anything else at this time? I'm sure the list will grow -- Commissioner Suarez: I'm sure it will, yeah. Ms. Arteaga: -- as the session goes on -- Commissioner Suarez: I'm sure it will. Ms. Arteaga: -- but this is a great start, so. Commissioner Suarez: We got to get -- The only thing I learned about this is the earlier you start, the better. Ms. Arteaga: Absolutely. Chair Hardemon: Thank you very much. I'm sorry you had to wait so long for the discussion. Ms. Arteaga: Thank you. City of Miami Page 92 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Suarez: Thank you. END OF DISCUSSION ITEMS City of Miami Page 93 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: We will now begin the Planning & Zoning items. The City Attorney will state the procedures to be followed during this time. Yes, sir. Daniel J. Alfonso (City Manager): I was going to say, we just had one legislative priorities issue. I don't know if you want to take that up. Chair Hardemon: Oh, yeah, the -- Mr. Alfonso: And then we go into PZ (Planning & Zoning). Chair Hardemon: That is true; we did have one more thing. Mr. Alfonso: Thank you, Mr. Chairman. Unless you want to take the PZ, because not all your colleagues are here, and then we will -- we'll miss some of the priorities, I'm sure. Chair Hardemon: Yeah. Mr. Alfonso: We'll go PZ. Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item is being spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed with its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. All persons testing must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that -- must have been provided seven days before the meeting as part of the agenda materials to be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Thank you very much. City of Miami Page 94 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Mr. Chairman. Chair Hardemon: Mr. Clerk. Commissioner Gort: I request the items PZ.12 and 13 be heard after 6 o'clock. Chair Hardemon: We can try. We might get out before 6 o'clock, but we can try. You said it's PZ -- Commissioner Gort: Well, that was a request from the neighborhood representatives. Chair Hardemon: --12 and 16? 12 and 16? Commissioner Gort: No, 12 and 13. Ms. Mendez: 12 and 13? Chair Hardemon: 12 and 13. And Mr. Clerk, can you have them sworn in? Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. Are there any other items that wish to be continued or deferred or withdrawn? Francisco Garcia: Yes, sir. I have a list of such items. For the record, my name is Francisco Garcia, and I am the Planning & Zoning director for the City of Miami. Items proposed to be continued for your consideration are as follows -- and for all of these items, I have exchanged correspondence with the applicants, and they are in agreement, and they are here present as well, so if there are any errors, they'll correct me, I'm sure. For items PZ.1 and PZ.2, a continuance is being requested to January 26. I stand corrected. That's probably a deferral, not a continuance. My apologies. So PZ.1 and 2 to January 26; PZs.3, 4 and 5 also to January 26; item PZ.7 to November 17, and that's allI have, sir. Chair Hardemon: Are there any other items? This is for continuance, withdrawal, or deferral. Ben Fernandez: Thank you. Mr. Chairman, may I be heard on the deferral? Chair Hardemon: Not at -- no, not at the moment. Give us one quick second. Are there any other items for consideration? Mr. Garcia: No, sir. We are ready to proceed on all other items. Chair Hardemon: Okay. Which items that you're --? Mr. Fernandez: 3 and 4, we are in support. We're actually requesting the deferral to January 26. I'm Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of City of Miami Page 95 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 the applicants. Just wanted to state for the record that we've been working with additional voices from the neighborhood; our abutting neighbors to the west that have raised some questions, and we've been working in good faith with them. Our intent is to work on a development agreement that would address all issues, and we would ask Commissioner Russell for your assistance in reaching out to the neighborhood and allowing us to potentially have one final discussion with them. We look forward to seeing you on January 26. Chair Hardemon: Thank you very much. Is there a motion in accordance with what was -- Melissa Tapanes-Llahues: Chairman. Chair Hardemon: -- stated By Mr. Garcia? Ms. Tapanes-Llahues: Mr. Chair. Chair Hardemon: Yes. Ms. Tapanes-Llahues: My name is Melissa Tapanes-Llahues. I'm Ben Fernandez's law partner. I'm here on item number 5. And for the record, I just wanted to reiterate what Mr. Fernandez said. We're working with the community. We've proffered a development agreement to solve some of the issues raised by the neighbors in the area. We're hopeful that Commissioner Russell will assist us in neighborhood outreach, and we look forward to resolving this matter by January. Thank you. Chair Hardemon: Thank you very much. So the motion on the floor is to continue items PZ.1, 2, 3, 4 and 5 to January 26, and also PZ.7 to November 17. You want to make something for the record, also? Javier Vazquez: Very quickly, Mr. Chairman. Javi Vazquez, with law offices at 1450 Brickell Avenue. I am here on items 12 and 13. And just as a point of clarification, through the Chair to Mr. -- Commissioner Gort, is it now time certain after 6? Because the reason for the ask is that we have people from the community that were asked to be here at the time of the zoning matters, and we may lose them. I just want to know if it's now a time certain so I can advise them accordingly. Commissioner Gort: It'll be a time certain, but if you have anyone that they're going to -- anyone who's here from the community can go ahead and make their statements. That's no problem. Mr. Vazquez: Now? Chair Hardemon: Well, I'm telling -- so -- Commissioner Gort: He'll open for the public hearing, then they'll do -- they can do that. Chair Hardemon: Right. So what you should understand is that the public comment time for PZ items is 2 o'clock. So just like in the morning when we have our normal agenda, we have it the very first thing in the morning. Mr. Vazquez: Perfect. City of Miami Page 96 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: So that people understand, they can come at this time, give their statements, and they can go about their day, because some -- not everyone stays for the entirety of it all. Mr. Vazquez: Perfect. That's fair. And thank you very much; just a point of clarification. Thank you. Chair Hardemon: Yes, sir. No? So is there a motion? Commissioner Gort: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion? Hearing none, motion passes. PUBLIC COMMENT PERIOD FOR PZ ITEM(S) Chair Hardemon: So PZ.6 is what we're calling now. Mr. Mayor, would you like to be recognized? Yes. Mayor Tomas Regalado: Thank you. Thank you very much, Mr. Chairman, Commissioners. I'm here on the public comment section of PZ (Planning & Zoning), on PZ.8 and PZ.9. And the reason that I'm here is because as a City Commissioner, many years ago, when the Commission and the Administration did Miami 21, they missed part of 27th Avenue -- that was a rezone by Miami 21 -- and the west sidewalk, on the west area of 27th Avenue, from 8th to 16th, was part of Miami 21; but on the east area, parts of the 27 Corridor were missing from Miami 21, but that area was rezoned for buildings. And PZ.8 and PZ.9, what it does is, I believe, to recta that and to help the neighborhood. I have been a resident of Shenandoah for 45 years now, and I know exactly the area. I used to represent the area for 14 years. And maybe some neighbors have not been informed of what is the purpose of this zoning change, which is, I believe, to protect the neighborhood; to protect the neighborhood, using the Miami 21 protocol to scale down, not to have a tall building and a residential home next to it. This is the purpose of this. The property in question has already the possibility of being developed as a tall building, so they can build as of right, if they want to, immediately. What the -- what they want to do is to have the back so they can scale down and not infringe in the residential area. I think that that is basically the purpose of what this -- with this. The Planning Department recommended approval, and I know that the Planning & Zoning Appeals Board recommended against it, because I think that it wasn't explained to the residents or to the board. So my recommendation -- we have two readings. There is a neighbor that is out of town, and maybe she is allowed to speak on the second reading. But I think it's the right thing to do, and to rect fy what was wrong when Miami 21 was done. Thank you very much. Chair Hardemon: Thank you very much, Mr. Mayor. At this time, I'm going to open the floor for public comment. So if you come here today to speak on any of the PZ items that are on the agenda tonight, this is your opportunity to be heard. You will have two minutes to address this body in which, first, you will say your name and your address, and then which item it is that you're talking about, so PZ.1, 2, 3 or 4, if you understand what I mean. So once again, I'm opening the floor for public comment at this time. If you want to speak on any of the items, please approach any of the lecterns that are to the left or to the right of me. Eric Zimelman: Yes. My name is Eric Zimelman. I'm here in reference to 2601 Southwest 15th Street, which is the property that I own. I'm here on PZ.8 and PZ.9. As a procedural issue, I'd like to ask, as a abutting property owner, that the City of Miami Page 97 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner make and grant myself a party status as a qualified intervener, under Section 7.1.4.3 and 7.1.4.4. Chair Hardemon: Madam City Attorney? Victoria Mendez (City Attorney): Which item is he requesting intervener status for? Chair Hardemon: PZ.8 and PZ.9. Ms. Mendez: Do you have any documentation or anything that would qualify you as an intervener? We can review it, and we could continue going, and then we'll come back and -- Chair Hardemon: So we'll allow you to speak with the City Attorney so that we can see if you meet the qualifications for a qualified -- for the intervener. Ms. Mendez: Thank you. Chair Hardemon: You're welcome. Sir, please. Roman Gateau: Hello. My name is Roman Gateau. I live at 216 Northwest 50th Street, Miami, Florida 33127. I'm speaking on item number 10, 11 regarding a parking garage in the Design District that's going to take over into the residential property. I'm hoping -- I am opposed of this. We -- there's already a parking garage there with 559 spaces. On any time during the day of the week, you can drive by, and there are 539 spaces available. There's also adequate parking in Target that is empty 90 percent of the time. There's also the -- underneath 195 garage. So what I'm trying to do is save the single-family homes that are borderline historical in our community, and I really think the last thing we need is a parking garage, especially when there's adequate commercial land east of the Design District that they could build it, and I'd like to give the rest of my time to the Buena Vista Neighborhood Association, as well. Thank you. Deborah Wright: Hello. Chair Hardemon: Hello. Ms. Wright: Hi, Commissioners. I'm Debbie Wright, and we have a procedural request as well on PZ.10 and 11. Both myself Susan Braun (phonetic), as well as the Munguia family; Elvis Cruz, who's a community activist, and has many years of experience defending neighborhoods, we all have an interest in the proceedings, exceeding that of the general public, and we're requesting party status as well as qualified interveners under Miami 21, Section 71.4 -- 7.1.4.3 and .4. Can we get a motion on that? Ms. Mendez: No, not right now. If we can, please, have you come over here, and we can review your request. Ms. Wright: Okay. Ms. Mendez: Thank you. Chair Hardemon: Sir. James Birder: My name is James Birder, 2956 Bird Avenue, 33133. I'm here regarding PZ.22, the removal and mitigation of trees on the property immediately adjacent to my property, 2958. I am in -- I am not in support of this move, City of Miami Page 98 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 whatsoever. I vehemently oppose it for two particular reasons: The destruction of the aesthetic quality of that area of the Grove; and additionally, the destruction of the canopy in that particular neighborhood. This property has already, in violation of law, removed trees, which is what started this whole legal proceeding. They did it without the authority of the City or the Planning & Zoning Commission. Thank you. Chair Hardemon: Thank you, sir. How you doing, sir? You're recognized. Daniel Sotolongo: Yes. Hi. Good afternoon. My name is Daniel Sotolongo. I live at 2605 Southwest 14th Street, and I am here for PZ.8 and PZ.9. I'm a existing neighbor of the property that is asking for a rezoning to a commercial property that the Mayor was talking about, and it's in regards to -- the property is not located on 27th Avenue, but it is located off of 27th Avenue, and the owner of the property is not the owner of the properties on 27th Avenue. So if there is a thought of building any type of building on the property, it would actually be built on the inner portion of the property, not on 27th Avenue, which would cause us, the neighbors of the community, to be exposed to higher traffic, higher volumes of people. I also have one of the neighbors, an elderly person that lives right next to the actual property, and she is opposing also the property. A neighbor that did send a letter, she is not present, but she is my neighbor, and she lives right across that property. We are totally opposing the structure, because the thought -- excuse me -- the thought is that it is for reasons that they want to build a larger building on the property, and it's not adequate for the residential area that we're living in right now. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Linda Gage: Hello. My name is Linda Gage. I live on 35 Northwest 44th Street, and they're trying to build a garage right in front of my mom house. My mom and other family members went to the meetings; no one would listen; only Susan -- she lives right next door -- she listens, so I give the rest of my time to her so she could speak on our behalf. Chair Hardemon: Thank you very much. Ms. Gage: Thank you. Mr. Hannon: And I'm sorry, Chair. The speaker's name was? Ms. Gage: Susan -- Chair Hardemon: No. Can you -- state your name for the record. Ms. Gage: Oh. My name is Linda J. Gage. Mr. Hannon: Thank you. Chair Hardemon: You're recognized, ma'am. Sue Loyzelle: Hello. My name is Sue Loyzelle, 9275 Southwest 185th Terrace. I'm here on behalf of the YMCA (Young Men Christian Association) of South Florida, on items 12 and 13. The reason I'm here today is because we are directly across the street from items 12 and 13, and the YMCA has been a part of that Allapattah community since 1960. We have a hundred family units above the YMCA, and a 99 senior towers residential above the YMCA. And we built this complex because the needs of the community were residential, and now the residents need to have close access to food and services. With the Sedano's being there, being able to walk -- our seniors being able to walk close, it would be a wonderful community hub with the City of Miami Page 99 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 YMCA; of Pablo Duarte Park, you have a grocery store across the street. It would really make the area very nice, and clean up the area so that the residents have wonderful walking -- they can walk to the grocery store. Our residents really are low to moderate income that live on the complex, and this would be an asset to the community, and it would really help the residents be able to access healthy foods within walking distance. Many have to take many buses now to get to other grocery stores, and we do have some mom-and-pop grocery stores, but they don't offer quite as much of a variety of food items that are healthy for our residents that live at the YMCA complex at Allapattah -- the Village of Allapattah and the YMCA. So we would truly appreciate your support on this project, and it would really enhance the community. We are directly across the street. And, again, I would really hope that the Allapattah YMCA and that the City Commission will support this project. I know the Allapattah "Y" supports the project. And I just want us to be able to pass this item. Thank you so much for your time. Appreciate it. Chair Hardemon: Thank you very much. Ms. Loyzelle: Thank you. Chair Hardemon: Sir, you're recognized. Max Ofea: Hello. Good morning. My name is Max Ofea. I'm here for 21 Northwest 44th Street. This is -- the reason is -- the reason for me being here is because of the parking garage project that they're planning to develop across the street, and it's going to cause traffic, noise. And for Susan, I'm here to represen -- I'm here on behalf to -- for Susan, because she's been in the neighborhood for a long time. I know her. And I figure I -- this will be a good -- this will be good to not build the project, the parking garage. Chair Hardemon: Thank you very much, sir. Mr. Ofea: All right. Chair Hardemon: Mr. Garcia. Mr. Garcia: Mr. Chairman, for the benefit of the Commission, I believe the gentleman was addressing items PZ.10 and PZ.11. Chair Hardemon: That is correct. Yvonne Grams: Hi. My name is Yvonne Grams. I live at 216 Northwest 50th Street, 33127. I'm opposed of 10 and 11, and I would like to donate the rest of my time to Susan, who is head of the -- Chair Hardemon: I'll just let everyone know that everyone can 't donate their time to Susan, so it doesn't work that way, but you can make your statement. I'll give Susan Ms. Grams: Well, I find -- Chair Hardemon: Hear what I'm saying to you. Ms. Grams: Okay. Chair Hardemon: I'll give Susan an opportunity to speak. That's adequate, okay? Ms. Grams: I would like to make my statement later than right now. City of Miami Page 100 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: There's no time. This is the time for public comment. I know you're trying to assist her, but -- Ms. Grams: Okay. Well, you know what? Chair Hardemon: -- hear what I'm saying to you. Just (UNINTELLIGIBLE) -- give me a minute. Ms. Grams: Hardemon, let me have a word before you interrupt me. I think that -- Chair Hardemon: Ma'am, let me explain something to you. What I'm telling you is this: Susan will have an adequate opportunity to speak, but everyone who is coming up saying they're going to donate their time to Susan, I'm letting you know now that it -- procedurally, it doesn 't work that way. However, we will hear you now for your public comment -- Ms. Grams: Okay. Well, I'm -- Chair Hardemon: -- and Susan will have an opportunity to speak. Ms. Grams: -- willing to tell you what I think. Chair Hardemon: Yes, ma'am. Please. Ms. Grams: I'm in agreement with my husband. There's plenty of commercial property in the Design District, in Midtown. There's plenty of that for that area to have a parking garage. We have parking garages over there. You know, it's getting to a point where you're re -gentrifying our neighborhood so much that I'm about to walk outside and see a meter out in front of my house, you know. I don't want that for my neighborhood. I do not want that for my neighborhood. Our street -- in the 14, 15 years that I've lived there, we've complained about potholes, but we get a new street just this year? I mean, somethings going on with the developers and the politicians of our neighborhood. And I would like -- Chair Hardemon: I'm only -- Ms. Grams: I -- and I would like -- Chair Hardemon: -- besides the -- Ms. Grams: Wait. But you said I could speak. Chair Hardemon: No, I understand that. Ms. Grams: I would like to have my neighborhood be a neighborhood; not have Starbucks on the corner of my street, you know. It -- we've already seen what happened with Wynwood. I don't want that in my residential neighborhood, okay? And I would hope that you would understand that. I don't know what else to say. I mean, what -- already, Northwest 2nd Ave., between 36th Street and 50th, is changing dramatically. We're seeing it all over the place. I don't want to go outside my door, see Starbucks, this, that, the other. I like the fact that my neighborhood is a neighborhood for us locals, who have put the time in there. I hope you understand that. Thank you. Chair Hardemon: Thank you very much, ma'am. Sir, you're recognized. City of Miami Page 101 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Applause. Chair Hardemon: Everyone, listen. So there's no clapping in the City chambers; it's disturbing. When the next speaker has to speak, we have to quiet you down from clapping. So if you want to show support for someone that's giving a magnificent speech that you believe in, just raise your hands in the air and shake your hands like this, but there is no clapping, there is no outburst, or anything that's loud that's allowed within the chambers, so please try to be in accordance with that. How you're doing, sir? Nicholas Esteves (as translated by Alfredo Varela, official Spanish interpreter,): Good evening. My name is Nicholas Sedano (phonetic). I live in Miami -Dade, 2629 Northwest 17th Avenue. I'm here because I agree with the construction of the Sedano's. It's a area that is empty. I've heard a lot of delinquency is involved in that area. I think it would be useful to have a supermarket close by in that area where the entire community is; on behalf of myself, my wife, and some other neighbors in the area. Thank you. Chair Hardemon: Ma'am, you're recognized. Yosdaly Sotolongo: Good afternoon. My name is Yosdaly Sotolongo, homeowner at 2605 Southwest 14th Street, and it's regarding PZ.8, PZ.9. I'm opposing, due to the reason that it's a residential area, even though it 's very close to 27th Avenue. 27th Avenue already is commercial. There's no way. Why keep on the commercial rezoning into residential? There has to be a point ofjust building that barrier, which is not keep on being graded to commercial then residential. So at this point, as a homeowner, I would like for the Commissioners to take in consideration what's going to happen further on. Why is it that it's keep on rezoning areas that is just meant for residential? To please take it in consideration. Thank you. Chair Hardemon: Thank you very much, ma'am. You're recognized. Altagracia Rebull (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. Altagracia Rebull. And I agree with the Sedano's that's going to be constructed. Ilive on 1430, and we need to have a Sedano's there. That's it. Chair Hardemon: Thank you very much, ma'am. Ms. Rebull: Thank you. Chair Hardemon: Sir, you're recognized. Gus Phillips: Yeah. Good afternoon. My name is Gus Phillips, at 1504 Northwest 26th Street. And I just want to, you know, put it on record that I strongly oppose the construction of the Sedano's on the corner, because I think that from the experience I have -- I'm in commercial real estate, and I visit a lot of properties, and I've seen how they run for the unloading and loading. On the back side of the Sedano's, there's very, very bad element; some of the workers drink; you know, they smoke pot. The hours are just -- you know, 5 o'clock, 4 o'clock in the morning. They're -- you know, they're loading all the equipment to the store. So I just wanted to make sure that, you know, I'm on record that I do oppose that commercial building there. Thank you. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Isabel Ortiz (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. My name is Isabel Ortiz. I'm here before you because I agree with the City of Miami Page 102 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Sedano's construction. It's going to create a foundation for work. There's going to be more safety in that area. And with regards to the people that I've spoken to, they say that it's a good idea to have construction there. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Mr. Hannon: Chair, for what item was she speaking on? Chair Hardemon: The Sedano's is -- Commissioner Gort: 12 and 13. Chair Hardemon: --12 and 13. Mr. Garcia: PZs.12 and 13. Chair Hardemon: Sir, you're recognized. Prospero Munguia: Good afternoon. My name is Prospero Munguia. I live in 37 Northwest 42nd Street, next to the place where they want make the parking garage. We live there for almost 40 years in that place. The thing what I want to state is that I think the lady work for the people in charge of parking garage, Lorena Ramos. I ran into Lorena Ramos, and she told me that ifI agree with them to approve the parking, they could rezone in my area and convert it in commercial. That's all what I want to say. God bless you, everybody. Thank you. Unidentified Speaker: He would prefer a translator, please, so he could speak in Spanish, if that's all right, sir? Chair Hardemon: Sir, do you want a translator? Mr. Munguia: Okay. Chair Hardemon: I mean, do you --? It's up to you. It's not something that I'm telling you you have to do. Mr. Munguia: Do you understand what I said? Chair Hardemon: Yes. Mr. Munguia: Okay. Chair Hardemon: So you don't -- so he doesn 't need one. Unidentified Speaker: Yeah, he said, "yeah," he want (UNINTELLIGIBLE). Chair Hardemon: Okay. Mr. Munguia: Yeah, I want translator, okay. Chair Hardemon: All right, that's fine. Mr. Munguia (as translated by Alfredo Varela, official Spanish interpreter): My name is Prospero Munguia. We've been living in my home maybe 40 years. We live on 37 Northwest 42nd Street. We're near the area where the parking lot is. I feel like Ms. Lorena Ramos works with them. She told me that ifI agree with them to convert the commercial area, that they could convert my zone, my area, my property City of Miami Page 103 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 into a commercial zone as well -- that 's what I wanted to say -- with compensation. They would do that under compensation. Thank you. Chair Hardemon: What was the last part? Mr. Munguia (as translated by Alfredo Varela, official Spanish interpreter): With compensation. Chair Hardemon: I missed some -- I guess I'm -- that part, I'm -- Mr. Munguia (as translated by Alfredo Varela, official Spanish interpreter): Like some type of compensation. Kirk Munguia: I'm his son. Chair Hardemon: Okay. Mr. K. Munguia: Okay. I'm sorry. Good afternoon. What he's trying to say is that Mr. Hannon: Chair. Chair Hardemon: State your name for the record, please. Mr. K. Munguia: My name is Kirk Munguia. I've been living, as well, same residence, 37 Northwest 42nd Street, where they're trying to build this parking garage. Now, what he's trying to imply is that, one way or the other, a while back, Lorena Ramos came to try and to convince him, stating that if he does agree with the parking lot being built right next to his home, that -- for compensation, that it will change to commercial. So, instead of being residential, it change to commercial, you know. So he didn't know the whole whereabouts of what was going on next door to his house with this huge -- you know, humongous parking lot in which -- supposedly from T3 to a Cl. Chair Hardemon: So, he's basically just saying that it would change from residential to a commercial property for -- so that something could be built there? Mr. K. Munguia: Correct. Chair Hardemon: He didn't understand there was a garage being built? Mr. K. Munguia: Correct. Chair Hardemon: He didn't say -- he's not saying that Lorena Ramos offered him money? Mr. K. Munguia: No, no. She just came saying about that if he does agree with it and sign that -- you know, that -- Chair Hardemon: It would change to commercial. Mr. K. Munguia: -- the zone will change, correct; just to -- trying to convince him in order to come in agreement with the parking garage right next to his home. Chair Hardemon: Okay. City of Miami Page 104 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. K. Munguia: Well, supposedly, what they're trying to build next door to his home. Chair Hardemon: Understood. Thank you. Hello, sir. You're recognized. Mr. K. Munguia: Thank you. Marco Silva (as translated by Alfredo Varela, official Spanish interpreter): Good evening. My name is Marco Silva. I live at 2627 Northwest 17 Avenue, near the area where they want to put the Sedano's, with which we're agreeing to do. I'm going to evidence with facts and information. Families that live in that area -- live in that area. There's no type of supermarket that's in that area that is beneficial to the community or that has favorable pricing. Based on the evidence in the area, where currently it is empty, the area suffers of security. Most of all, there are crimes; there's many problems. The majority of the people who live in those areas are of low resources. They have economical issues, and we need companies like Sedano's who are -- who have prices that are acceptable to our pockets. Apart from that, we're going to have a development that is social and economic. The political areas of our neighborhoods, you should be worried about putting a commercial area that has low fees, that will be favorable to the economy. And for this reason, I want the Sedano 's. We want Sedano 's. Sedano's live. Thank you. Applause Unidentified Speakers: (UNINTELLIGIBLE). Commissioner Gort: Order. Ms. Mendez: Vice Chairman, Vice Chairman, maybe if you would ask the interpreter to advise the Spanish speakers that they're not supposed to clap? Commissioner Gort: Wave your hands. Vice Chair Russell: I didn't realize the Chair (UNINTELLIGIBLE). Ms. Mendez: Mr. Interpreter, could you advise the public that they're not allowed to make noise in chambers? If they would like to reflect their opposition or they need to maybe wave their hands if they are in agreement with something, but they cannot make noise that will disrupt the proceeding. Thank you very much. Note for the Record: Mr. Varelo translated Ms. Mendez' comments from English to the Spanish. Gladys Carpo (as translated by Alfredo Varela, official Spanish interpreter): Welcome. My name is Gladys Carpo, neighbor of 2920 18th Avenue. For the most part, there are elderly people in my building, and we don't drive, so we need and would appreciate that they have the Sedano's be on the 17th and on 24th. Thank you very much. Mery Orozco (as translated by Alfredo Varela, official Spanish interpreter): My name is Mery Orozco. I'm here to approve the Sedano's, because we do need it. My house is right in front of where they are thinking of building the Sedano's. It's something that we need very much, based on the economy. It's right in front of my house, where the lot is located, and I am in favor of it. That's it. Thank you. Adis Fernandez (as translated by Alfredo Varela, official Spanish interpreter): I'd like to say that my home -- City of Miami Page 105 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Name and address, name and address. Ms. Fernandez (as translated by Afredo Varela, official Spanish interpreter): My name is Adis Fernandez. My address is 2550 Southwest 14th Street. I can speak? I'd like to say that in my house, they want to make a building. In my neighborhood, there's only elderly people. I'm 86years old (UNINTELLIGIBLE) everybody (UNINTELLIGIBLE) come, and they're either missing one thing or another. I came with my pain, but I want to let you know that I'm not in favor. What I was going to say, I want you to do something on my behalffor me. Did you understand? All right. I can leave? Lidia Arce (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. My name is Lidia Arce. I live at 1400 Northwest 19th Street. I have to go all the way to 30th to get my things, because I'm a widow, and I don't have anybody else to come help me, so I have to go with a little walker, and I have difficulty to bring my things on the bus, which are two buses that I need to take; two going that way and two returning. It's four total. I have surgery that I had on my left leg for the veins. I have problems in my back, which I'm suffering from, and I have a lot of difficulty, so the Sedano's, I would like to have built there, because it's to our advantage. I am 78 years old. And all of us that live there are elderly, low resources, so I'm in favor of it. Thank you very much for everything. Thank you. Commissioner Gort: (UNINTELLIGIBLE). Carmen Romero (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. My name is Carmen Romero. My address is 3031 Northwest 19th Avenue. I'm here in favor. And how can I say? We have the necessity that we have a Sedano's close by, near our homes. There in that area, there's no Sedano's. We have to go to 12th and Flagler. I have to take two buses. And the majority of the people who live there are people of advanced age, and it 's elderly people, as well. I'd like for you to know, if there's the opportunity to make this opportunity to have a Sedano's from 17th and 24 in Allapattah. This is what I'd like to say. Thank you very much. God bless you. Chair Hardemon: Go ahead. Esmeralda Pena: "En espanol? Yo no se el ingles bien." Chair Hardemon: Please, "Habla en espanol para interpretar." Esmeralda Pena (as translated by Alfredo Varela, official Spanish interpreter): I come here. You have to excuse me. I came to the United States for the American dream. Mr. Hannon: My apologies, Chair. Chair Hardemon: "Como se llama?" Ms. Pena (as translated by Alfredo Varela, official Spanish interpreter): Esmeralda Pena. I bought a house, and now we live safely there in that area. They say Allapattah is bad, but I want to live in my home. I'm sick. I'm getting older. I don 't want to sell my home, nor do I want to leave from my area. If I had money to buy somewhere else, I'd buy somewhere else. And I need you to help me, please, because all the people who are speaking here are renters from the neighborhood; they don't own their home. I do a lot of exercise, and I know I've had cancer twice already. And now with everything that's going on on top of me now, I'm going to have cancer City of Miami Page 106 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 for the third time, and that's it. I suffer from the nerves this year that you get, and they accuse me. All right, thank you. Chair Hardemon: Ma'am, you're recognized. Monica Serna (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. My name is Monica Serna. I'm the owner of 1605 Northwest 26th Street, Miami, Florida 33142. Well, I'd like to say that I've been living 30 years in that home. The youngsters have gone to work. Much like us, Hispanics represent the country. During the time that I've worked, I've never been assaulted, nobody's robbed me; neither myself nor my children. We've never had a problem. I work at night. I could be coming maybe 2, 3, 4, 5 in the morning, and my neighbors are as testimony, almost. We don't see any danger with the Sedano's, a Sedano's will represent dangers. Well, first of all, there's sickness, there's the mosquitos. There's a lot of people in bad conditions. And so, there we will suffer, maybe an assault, or something like that, because they rip your purse off, and then they're off, and you don't know who it was. Someone will see, but they won't say anything. During a long period of time, I, myself since I was young, and now that I'm getting older, I've never had a problem, never. And I would very much -- and if you fight for the elderly, that we're there with our little cane, to at least respect us a little bit, because -- imagine my family; wasn't born there. I'd like some help, because you are the authority. You are the ones who have the right to defend the young people like us. We are -- you are the representatives of us, and if you don 't represent us, who else will we go to? Here you have images. Here represents the dangers we run. Here we have the images of the trucks, the people who work during days; sleep at night; the people who work at night; sleep during the day, like myself. And this can't happen. Look at the trucks. They're passing by at all the moments. There's no privacy. We're all going to be there stuck with all the trucks, how to get in or how to get out. And God forbid, they crash into you, then there's going to be more complications. Where are we going to get money to pay for an accident? Where, if we're poor? We are owners. We are not renters. The renter can say, "You must do this. Place him." But we pay $6, 000 for the home, a 1,500 for rental for inundations, for the alarm, for the police; "send me this," and that's where I am. Then for them to put me under danger, no, the renter pays their rent; they're a couple of years, and then they leave. The person who suffers is the owner. Chair Hardemon: Thank you very much, ma'am. Ms. Serna (as translated by Alfredo Varela, official Spanish interpreter): Please take this into consideration. And I know that God is with the poor, because we're human, and first is God, and then is man. I care very much for you. Chair Hardemon: Thank you very much. Ms. Serna (as translated by Alfredo Varela, official Spanish interpreter): And thank you for listening to me. Chair Hardemon: Thank you. Sir, please. Simon de Jesus Castillo (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. I'm not in favor of the Sedano 's. Ilive on 1512 Northwest 26th Street. Parking spots are (UNINTELLIGIBLE) -- Mr. Hannon: Chair, I apologize, but I didn't catch the speaker's name. Mr. Castillo (as translated by Alfredo Varela, official Spanish interpreter): Simon de Jesus Castillo. So I'm not here for this Sedano's, because it takes away our City of Miami Page 107 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 privacy, or the parking spots that you come home from -- to park at after work, then you can 't park there, because the employees of Sedano 's are going to take all our parking spots. Chair Hardemon: Before you -- tell him, before -- allow you to please translate before he starts speaking again. Mr. Castillo: Yeah, yeah. Chair Hardemon: Okay? Proceed. Mr. Castillo (as translated by Alfredo Varela, official Spanish interpreter): All the trucks that come in at 3 o'clock in the morning, all those big trucks park right in front of our homes. They take away our parking spots, and there's nothing you can say about it. Why? Because you can 't call the police. The police will say, "These are trucks that are going to leave right away." That's what they tell us. That land that they have there is too large for Sedano's, and they're going to put all the trucks that are there out of the parking (UNINTELLIGIBLE). They say, "No," but here you have images. Okay. Thank you, and good afternoon. Carmen Ramos -Watson: Thank you very much. Good afternoon. My name is Carmen Ramos -Watson, of 54 Northwest 40th Street. And I wanted to share a little bit of information based on data that we collected recently from the Buena Vista -- Mr. Hannon: Chair, my apologies, but the items that the speaker --? Ms. Ramos -Watson: PZ.10 and 11. Mr. Hannon: Thank you. Ms. Ramos -Watson: -- data that we recently collected from the neighbors around things that matter to them in their neighborhood, and what I'd like to speak to very directly -- because we have a lot of great information here -- is that when we're looking as it relates to the priorities of the neighborhood, development priorities, one of the questions that we ask in the survey -- and we had 51 households respond to the survey -- the priorities that were identified by, you know, the respondents, the top priorities included this parking facility, and that there was a need to have additional parking. If you see the comment below -- because there are people who are parking in the residential areas that need a place to park, and that needed a facility to be able to park so that they don't park in front of people's homes and residences. I have this available for you, but just wanted to make sure that I shared that particular information. As a resident of that neighborhood, I can also say that we have many people, particularly on 40th Street, coming in and out from the evening establishments and during the day, parking in the residential areas, and we have to constantly be calling to have the police or Code Enforcement come and have people ticketed, because of the fact that we have people taking our parking spaces. I think that when we look at a neighborhood that is growing -- and now I'm speaking personally -- as we're looking at the neighborhood growing, there is a need to be able to provide additional parking facility for the people that are coming into our thriving, dynamic, and growing neighborhood. And in the discussions that I recall with the developer, the idea was to really work with the residents and the neighbors to be able to ensure that no parking and traffic and speeding occurred in the neighborhood, but that went outside into North Miami Avenue. So I just wanted to share a little bit of data we collected, making that one of the top priorities. Thank you very much. City of Miami Page 108 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Can someone please -- whoever responsible for the demonstrative have their demonstrative removed? Unidentified Speaker: (UNINTELLIGIBLE) -- I'm going to like -- Chair Hardemon: Okay. Unidentified Speaker: -- explain all the speakers. Chair Hardemon: Okay. Aldo Bugallo: Good afternoon, ladies and gentlemen from City Hall, and City Hall Commissioners and the Mayor. My name is Aldo Bugallo. I am an owner and resident of District 1. Right here, I have signatures of residents within the 500 feet of the surrounding area. Mr. Hannon: And, Chair, I do apologize, but the items that the speaker is speaking on? Mr. Bugallo: Items 12 and 13, in regards to the Sedano's on a commercial property of 24th and Northwest 17th Avenue. Okay, I have here signatures of homeowners and residents of the surrounding 500 feet of that property. These are actual homeowners and residents of -- every one that these people bought, they don 't surround the 500 feet of the area, okay? I'm here today because we oppose -- I live directly in front of this property, in front of the commercial property. We oppose two things. I'm here speaking in behalf of the residents. They didn't get to express themselves very well. Well, we oppose two things. We oppose the rezonification [sic] of those two residential properties adjacent -- the commercial -- the residential properties behind the commercial property -- right? -- which Sedano's purchased -- right? -- that he want to change the zonification [sic] to commercial; we're against that, because we do not want half of our block to be commercialized. We do not want all the problems that Presidente Supermarket residents have with the trucks parking in front of their residences, with people parked in front of their homes as well. We do not want the trucks coming at 4 in the morning, you know, delivering, the vendors, none -- we're against all of that. We don 't want none of that. And we -- I'm -- I just want -- you know, you guys to be in -- put yourselves in our position. If this was your homes, you guys would be out here, probably with some fancy attorneys, just like Sedano's has today, but we -- unfortunately, we cannot afford fancy attorneys, but we're here so you can see and listen to us and hear us out. Look, I have -- I brought facts and evidence of everything that goes on behind the supermarket when it doesn 't have enough space, enough parking, or enough loading dock. The only supermarket in the area, and we have two -- we have Presidente and we have Winn -Dixie. The only supermarket that does not face that problem is Winn - Dixie, 175, 000-square feet lot, and they have 40 -- 50,000 square feet of building, which means they have one-third facility, two-thirds parking and loading dock. Now, if Sedano's wants to build, I know -- I understand that in their commercial property, we cannot oppose nothing. We understand. Now, whatever they build, we need it to meet those same requirements: one-third building, two-thirds parking and loading dock, and not to -- something that does not interfere with our neighborhood. Now -- and we're against, please, the rezonification [sic] of those two residential properties. It's key that you guys do not allow this, because you guys wouldn't want this to happen in your area, in your block -- Chair Hardemon: Thank you very much, sir. Mr. Bugallo: -- in your neighborhoods. City of Miami Page 109 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: We have a question from the Vice Chairman. Vice Chair Russell: Thank you. I'm sorry; what was your name, sir? Mr. Bugallo: My name, Aldo Bugallo. Vice Chair Russell: Oh. Mr. Bugallo: I live in 1625 Northwest 26th Street. Vice Chair Russell: Thank you. So, ifI understand correctly, you're not against a Sedano's being there? Mr. Bugallo: I'm against a Sedano's, period. Chair Hardemon: Well, one second, sir. Vice Chair Russell: You are -- I'm sorry. Chair Hardemon: You should -- sir, you have to speak in the microphone. If you need to step -- (UNINTELLIGIBLE) something -- Mr. Bugallo: We're -- myself and everyone else here is against two things: We're against the Sedano's, and we are against the rezonification [sic] of those two commercial -- those two residential properties they bought behind the commercial property. Vice Chair Russell: So it's not just that you want it on its existing lot without the two residential lots; you don't want it there at all? Mr. Bugallo: We don't want it there at all, period. Vice Chair Russell: Understood. Mr. Bugallo: We don't want it there at all, period. You know, unfortunately, these -- you know, everyone else that came up front was not able to express their self. We -- please, we need your help and your support as elected officials. You know, we stood by your side, you know, when it comes to election; please stand by our side. We're the residents. We live here. You guys wouldn't want this to happen in your neighborhood. Please, help us out here -- Chair Hardemon: Thank you, sir. Mr. Bugallo: -- you know. Thank you. Chair Hardemon: Thank you. Mr. Bugallo: Thank you very much. Chair Hardemon: Ma'am, you're recognized. Vanessa Mazzero-Pons: Good afternoon. Hello. Good afternoon. My name is Vanessa Mazzero-Pons, and I'm a resident of the City of Miami. I'm here on behalf of also my mother-in-law, who lives in 2461 Southwest 14th Street. I am in favor of seeking the zoning change from a T3 to T4 of the lots of 2610 Southwest 14th Street and 2611 Southwest 15th Street. I am in favor of the zoning change of these two lots, located in this addresses, to be changed from T3 to T4, and I believe it's going to be City of Miami Page 110 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 beneficial for the growth of the community, and it will help the value -- increase the value of the properties in the area. Thank you Chair Hardemon: Thank you so very much, ma'am. Ma'am, you're recognized; you, yes. Ada Vasallo (as translated by Alfredo Varela, official Spanish interpreter): Good afternoon. My name is Ada Vasallo. I live in 2441 Southwest 14th Street, and I'm in favor of -- that it's going to be on 15th and on 14th. I don't remember the address very well. I'm in favor that this project go forward. It's going to be very helpful for us elderly people that (UNINTELLIGIBLE). It's going to be in our area, in our neighborhood. Thank you very much. Chair Hardemon: Ms. Ramos, do you need an interpreter? Lorena Ramos: Not today. Good afternoon, everyone. My name is Lorena Ramos, 20 Northwest 45th Street. I'm the chairperson of the Buena Vista Stakeholders. And this is a very difficult position to be put in, unless I was bringing forth to you what the majority of our neighborhood wants in our neighborhood. Absolutely, I respect the people that have come forth and are opposing it. There's probably two or three that are from that would be directly impacted; everybody else is like myself, and from 45th Street; (UNINTELLIGIBLE) is from 40th; Giselle is from 40th. I mean, I know everyone in this neighborhood. Ms. Wright doesn't live here; she lives in Brooklyn, so it's -- we can go on and on and on. The people that are directly impacted would be Mr. Munina (phonetic). I apologize if I mispronounce his name. And I'm not sure why he would say such an outrageous thing about me, especially since I've had communications with Schiller, who -- Schiller Jerome, I apologize -- who is the chairperson of the Buena Vista East, and who is also the abutting property to this garage; and he knows, categorically, that I am totally against ever upzoning any other residential area, starting from this gentleman's home until Northwest 2nd. So I -- when I did meet him, his house was for sale, and I told him to please attend our meetings. Buena Vista Stakeholders has had a total of eight meetings, two of those were -- I apologize -- seven meetings; two of those were with the developer coming to our meeting, and there were an average of 35 people that were present at every single one of these meetings. They went over a year's time. There have been a total of eight, because the last one was held just by Craig Robbins at the Design District, just to explain to us the difference now between -- May I have a little bit more time, please? I appreciate that. So I want you to know that throughout an entire year, Buena Vista Stakeholders has been the host of this particular item on their agenda, and have had a really good turnout at every single one of these meetings. I did want to show you a picture that took yesterday, but unfortunately, I can't seem to bring it up. I don't know if I'm allowed to just show it to you, and then I will print the picture. May I do that, please? Chair Hardemon: Yes. Ms. Ramos: Thank you. Chair Hardemon: She's not going to speak. She's (UNINTELLIGIBLE). Commissioner Gort: Give it to the Clerk. Ms. Ramos: Oh, I apologize. Commissioner Gort: Clerk, Clerk. Chair Hardemon: No, no, it's not that. City of Miami Page 111 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Hannon: If you're going to say anything, you need to be (UNINTELLIGIBLE) mike. Chair Hardemon: Yeah, if you're going to say things, you should speak -- Lorena. Ms. Mendez: Ms. Ramos -- Ms. Ramos: (UNINTELLIGIBLE) being a court reporter -- Ms. Mendez: -- you could get the portable mike. One second. Unidentified Speaker: Chair has to (UNINTELLIGIBLE). Chair Hardemon: Sir, if you're going to speak, you should all speak into the microphone. Ms. Ramos: So last night, I took this picture, because I -- our neighborhood has changed so much, and I've only been living there four and a half years, and I have enormous respect for everybody that's been there much longer than that. This is our North Miami Avenue. This is immediately across where the garage is being proposed. This is already a big structure that we have on North Miami Avenue. This is immediately directly across our -- Vice Chair Russell: I can 't see it. (UNINTELLIGIBLE). Ms. Ramos: I apologize. Vice Chair Russell: Still dark. Ms. Ramos: Still dark? How 'bout like that? Vice Chair Russell: Yeah. Ms. Ramos: Okay. Vice Chair Russell: Thank you. Ms. Ramos: Commissioner Gort? Commissioner Gort: Yes. Ms. Ramos: Okay, so I took this picture last night, because it's not as though our neighbor [sic] hasn't changed; it has, and it has changed rapidly. The biggest complaint that get as the chairperson is the cars that are constantly coming in and parking in our streets. There are pros and cons to everything. Design District has tripled our property values on our side, but they've also now caused this (UNINTELLIGIBLE) -- it's an onslaught of cars in our neighborhood. I apologize; I don't even know what I'm doing. So it's this onslaught of cars that are coming into our neighborhood, and every single day I'm having to call the Parking Authority dispatch to have cars removed from these streets, who are suffering because of all -- because of the change that has occurred. I spoke to the CEO (Chief Executive Officer) of the Parking Authority, Noriega, in a meeting that we had, and asked him to please remove the meters that are going from 38th to 41, because there -- all the cars that are now parking in our neighborhood are not letting people sleep at night, and they're so close to even our single-family homes that it has become just a tremendous burden for the people that live there. So is there a need there? It's City of Miami Page 112 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 absolutely a need. We've implemented the residential permit parking only from 39 -- around 38th Street all the way to 46th Street. In addition to that -- I wasn't sure if you all have read the agreement that we have signed, I have signed, as well as the other president, Ulysee Kemp of the Buena Vista Heights, where we -- if you do pass it on first reading that we want you to make that a condition of it, because we worked very hard with the developer to make sure that this occurs. And one of the parts of this agreement was -- Susan asked me also to be part of this agreement, wherein we're going to be representatives -- two from each association -- that we will partake in the design of the garage, just like we did with the park that we've had just recently. We're going to be completely involved. And Susan asked me, can she be one of those representatives in my association to partake and also give her opinion as to how the design of the garage should be. Also, Rosa Ramos, who is one of the board members from the Buena Vista Heights -- and this is because I consider it such an outrage that this gentleman should have said this -- told me the last time we were here how well and transparent I run our association. And one more thing. There's this petition that's supposedly was going around that had 200 members on it. The gentleman here, who spoke against me in a very personal way, at the meeting, at the meeting that we had with the developer, was very angry at me, I have to say, because he thought I was the one that put the petition out, and he said he was not against it; that he was for the garage, and so I introduced him to Ulysee Kemp, who had that petition out, because he wanted to remove his name from that petition. I'm going to remain here, if you have any questions. I have a lot of things that I could say, but I know that I've taken enough of your time. So thank you very much, but I'm here for any questions. Chair Hardemon: Thank you very much. Is there any other person that 'd like to speak on public comment at this time? Sir, you're recognized. Mr. Birder: I spoke earlier. James Birder, 2956 Bird Avenue. I was not aware that it was possible to present a picture, and it's -- Chair Hardemon: (UNINTELLIGIBLE). Mr. Birder: -- if I can, I would like to share a picture about -- the last thing I said when I was here a half hour ago was that the lot is basically already devoid of trees, having been taken down illegally without a permit. And these are -- we have very few remaining trees on this lot, and this is the last oak standing. Vice Chair Russell: Please. The appeal we're dealing with is not about the removal, but rather what their plan is to mitigate; correct? Mr. Birder: Yes, (UNINTELLIGIBLE). Chair Hardemon: You have to speak directly into the microphone. Vice Chair Russell: Thank you. Mr. Birder: That is correct, but my -- although I may be wrong, my understanding is, part of that process includes the removal of this tree. Vice Chair Russell: Okay. Mr. Birder: And that is what I am here to make clear in my vehement opposal to that. Thank you. Chair Hardemon: Thank you very much. Is there any other person that 'd like to make a comment during public comment section? City of Miami Page 113 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Albert Milo: Good afternoon, Commissioners and -- Albert Milo, principal with the Related Group, offices at 444 Brickell Avenue, Suite 301. I wanted to make some comments on -- in support of item PZ.17, which is the attainable mixed -income housing item. This item is an item that, I think, you know, I want to definitely thank the staff and Commissioner for working on this item. It's going to allow you to bring some incentives to workforce housing. You have very little workforce housing being developed, if any, in the City of Miami. You have affordable housing developments that get built, if they're successful in obtaining the different affordable housing financing programs. You have plenty of high -end market rate housing being developed; a lot of it being developed from our different divisions within our company, but you have no development serving that workforce housing. Just as a point of reference, affordable housing for a single person stops at $29, 820 a year, so most young professionals that go and obtain their degree are going to make more than $30, 000 a year. Unless the City starts to have incentives and programs to produce this workforce housing, you're going to be -- you're basically prohibiting those young professionals from being able to live within the City of Miami, so we fully support his. But also, the incentives are based on producing extremely low- income housing, ELI housing, which is, I know, another big concern for the City. We have had discussions with most of you as -- you know, as Commissioners at different times, and saying, "What can we do to produce more ELI housing for" -- "specifically for individuals that are of fixed incomes?" So this ordinance, what it will allow you to do is to use existing financing programs that are in place, that are non-competitive; they're part of the -- you can go and do bond financing, either an 80/20 or a 60/40 program. It's been around since 1986. This is not something that is reinventing a financing program, but it allows you to attach yourself to those programs. And instead of having the piece that's allowed to be unlimited at a market, if you restrict yourself -- self -restrict yourself to workforce housing and, in addition to that, take a portion of the affordable units and make them reserved for extremely low-income individuals, then the incentives (UNINTELLIGIBLE). So I think this is very forward -thinking on behalf of the City, and we fully support this type of project to allow you to have extremely low-income housing, a portion affordable, and the rest of the project for workforce, which is not something that you're getting today in the City. So thank you for your time. Chair Hardemon: Thank you very much. Is there any other person? Ms. Mendez: Chairman -- Chair Hardemon: Yes. Ms. Mendez: -- ifI may discuss the interveners? Chair Hardemon: Yes, but I want to close the public comment section before we get there. Is there any other person that 'd like to speak for public comment? Martha Luz Villiaraga: Good afternoon. I am Martha Luz Villiaraga. I'm a residential and commercial realtor, working in the Design District, after living at 4400 Northeast 2nd Avenue. The world cannot appreciate enough -- Chair Hardemon: Are you speaking on items 10 and 11? Ms. Villiaraga: Say it again. Chair Hardemon: Are you speaking on items 10 and 11? Item 10 and 11. City of Miami Page 114 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Villiaraga: I am speaking regarding the zoning changing, the zoning changing on North Miami Avenue. Chair Hardemon: Okay. Ms. Villiaraga: Yes. The world cannot appreciate and know what is happening in Miami; especially, it's closing the triangle between New York, California, and Florida. The developments are changing the area, where jobs and income are going to benefit communities. Zoning propose what is needed would be appreciated in a long run when Miami becomes known by the world that welcomes innovation, restaurants, art galleries, entertainment, and very creative jobs, but truly, the community needs to be heard to accommodate the demographics where certainly is changing. Thank you. Chair Hardemon: Thank you very much. Beba Mann: Commissioners, my name is Beba Sardina Mann. I live at 1665 Southwest 23rd Street. I've been living at this residence for over 50 years. I just want to bring to your attention my little concern right now with this new proceeding, because the attorney for the appellant is here, and I've actually waited to speak last, because I wanted to hear him first. And I think that it's -- as a right, as -- on appeal, I should see what they have to present. This item -- this is PZ.21. This item has been continued, has been deferred; every trick in the book has been done, and the last thing is now that the public speaking is now, and he has not gotten up to speak. So I would like the opportunity to speak after the attorney has done -- Chair Hardemon: Did you do the appeal? Ms. Mann: I'm sorry? Chair Hardemon: Are you the person that appealed the item? Ms. Mann: No. Chair Hardemon: No? Ms. Mann: They appealed it. Chair Hardemon: Okay. So the way that this works is this: The public has an opportunity to speak. Many people come to talk about items, and what happens is, we end up being -- for instance, your item is PZ.21, right? Ms. Mann: Right. Chair Hardemon: PZ.21 won't be addressed until we get through the rest of the items that are before you. Many times we have seniors and other people that can't stay the entire time until -- say, if it's 9 o'clock that we get to PZ.21, so they're here from 2 o'clock till 9 o'clock. Ms. Mann: Okay. Chair Hardemon: I think that's inherently unfair for those of us who want an opportunity to speak about an item. Ms. Mann: Okay. City of Miami Page 115 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: All right? Moreover, the public has the -- so when they come to speak about an item -- for instance, PZ.21 -- they have that opportunity to talk at that time, and then we will get into the merits of the decision once we get to the item, but remember that these items are -- they have appellants, they have appellees, they have applicants; they have different parties that are directly interested in the matter. Ms. Mann: Right. Chair Hardemon: And so they're the ones that control the process. So, for instance, for them appealing, the item is before us today. So you will have an opportunity to say what you want to say now; they will present their project; the City will state -- make their comments. And also, you should be aware that if there are concerns that the Commissioners have that we know that only the residents can address, the Commissioners may call upon certain residents to speak about an item, if there is some confusion or they -- we need more information to make a decision. And so, that's how the residents assist us in our decision -making process, but the procedure is the way it is. And I will tell you that the City -- in the City of Miami, in doing this process, we still go far and beyond what the State requires. The State actually says that there is no public hearing that is required for items that are Planning & Zoning matters, so we are still going to go well beyond what the State requires of us, and we're going to allow people to get a chance to speak; however, we have an obligation to get through the business of the City. And so, what we found is that in the past, we were here until 1 o'clock in the morning with residents sitting before us, and we still had business to complete, and I think that that's unfair, and we shouldn 't be able to put our constituents in that position. But what you -- what you're saying to us during the times of public comment, we take very seriously, and we're noting as we go about the process that we're here before today. Ms. Mann: Okay. Is there an opportunity for me to speak when PZ.21, which is pretty much at the end of the agenda, to speak? Chair Hardemon: No. So your opportunity to speak for public comment is now. And so what I'm -- what I explained to you is that you may be called upon to speak, though, because if you were very interested in the matter, I'm sure there's a Commissioner that knows that you're very interested in the matter, and he -- if that Commissioner needs more information that you can give, or if you hear something in the presentation that you know is not factually true and you want your Commissioner -- or that you want this Board to be aware, I'm sure a Commissioner will say, "What is it that you have to say to help us make our decision?" But what we don't want is it to be a battle between someone who is not a party to the case and someone who is a party to the case, because then the record is very muddy. Imagine going into a civil matter and you're before a judge, and you have Party "A" and Party "B," but there's someone who's in the gallery who's watching everything and says, "Oh, no, that didn't happen. I have something to say." Ms. Mann: But I would be a witness. Chair Hardemon: You could be a witness. You will be (UNINTELLIGIBLE). Ms. Mann: Because I was -- as president of the Silver Bluff Homeowners Association, I brought it to the City s attention. Chair Hardemon: And that's what I'm saying. So sometimes there are people who are so involved in the matters that what they have to say is important for the decision -makers, and at the time that it's being called, the decision -makers will -- may call upon you, or anyone else that's like you, to give an opinion about the matter. City of Miami Page 116 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Mann: I don't think that on this matter is more than just the two parties. And if I can be allowed to speak at that time, I could stick around until PZ.21 is addressed. Chair Hardemon: Thank you so much, ma'am. Ms. Mann: I could do that? Chair Hardemon: It'll be up to the Board at the time, okay? Ms. Mann: Okay. So -- Chair Hardemon: Thank you so much. So stick around. Ms. Mann: Stick around. Chair Hardemon: Yeah. Ms. Mann: Thank you. Chair Hardemon: You're welcome. Yes, ma'am. Rosa Ramos: Good afternoon. My name is Rosa Ramos. I am -- address is 80 Northwest 41st Street. I am from the Buena Vista Heights. I was a member of the party, of the association. I'm totally against the building of the garage. It's in a area -- if it's on -- Mr. Hannon: Apologies. What items? Chair Hardemon: This will be PZ.10 and PZ.11. Ms. R. Ramos: PZ.10 and 11. Mr. Hannon: Thank you. Ms. R. Ramos: Okay. The garage -- the idea of the garage in the area would have been all right if it stayed on the North Miami Avenue section that is commercial, but they're moving in to two parcels of lands that are inside the neighborhood. Our neighborhood is very quiet. I've lived there, this December, 50 years, okay. I've been there since I was a kid, since I was 19. Okay. The neighborhood has been a very quiet neighborhood. Yeah, it's had its problems, like all neighborhoods, but it seems to work itself out. We've been able to work our problems out. We've been able to get the City involved, Police Department involved, and the County. Okay. We need to have our neighborhood stay as a neighborhood, not commercial. Now, Ms. Lorena Ramos said that she has problems with people parking in her property. Well, we ended up changing that, and putting in the parking zone with the decal parking. I live exactly across the street, practically, from the Design District. I don 't call anybody to park that parks in front of my neighborhood or my street, because they parked in there and they don 't have a decal. If anybody parks in front of my house that doesn 't have a decal, it's somebody that's coming to visit somebody in the neighborhood, and the people in the neighborhood forgot to give them a decal to park. We haven't had that problem. That's 39, 38, 40, and 41. We haven't had that problem. Now, if she's had that problem, I don't know, okay. We also -- it's been -- we've been going back and forth on this issue for two years now; going on three, practically. This is -- started in 2014; we're in 2016. We're almost at the end of the year. Where are we going to go? Back into 2017? Because nobody seems to decide what -- that's good for our neighborhood, okay? Our neighborhood needs to City of Miami Page 117 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 stay -- we don 't mind the business, but we need to keep our neighborhood a neighborhood. What happens to the quality of life of our neighborhood? My neighborhood has raised a lot of children that had become good citizens. They've become lawyers. They've become Fire Department -- like Ulysees [sic] was born and raised right there. He works for the Fire Department. My daughter is a paralegal. We have other people that are Highway patrolmen [sic]. In fact, we have one person that's an FBI (Federal Bureau of Investigations) agent. These kids grew up in that neighborhood, because it was a decent, good neighborhood, and it stayed that way. We don't want this commercial stuff coming in and breaking down what our neighborhood is. Chair Hardemon: Thank you very much, ma 'am. Ms. R. Ramos: Okay? So we also had petitions that -- I don 't want to forget about this. We have petitions that were signed nearly two years ago, people that did not want this in their neighborhood, and we don't know what's happened. Chair Hardemon: Thank you very much. Ms. R. Ramos: Okay? Why has it taken that long? Thank you for your time, and God bless you all. Chair Hardemon: Seeing no other persons that are here for public comment, I'm going to close public comment at this time. And before we move on to -- I'd like to say that in regard to -- I believe it's items 10 and 11 -- you know, organizations such as homeowners associations are supposed to represent the interests of the group. And just like a board, sometimes you don't have unanimous consent on a board. Many times, there's a 3-2 decision on this board, there are 4-1 decisions. And as a board, what I've found is that we don't necessarily go out and advocate against the majority just because you are in the minority. So what that means is that there are issues that, say, I supported that my board members did not support, and I was on the losing side of things, but I wouldn't go out -- because, as a board, as a board, you're saying the City of Miami has made a decision to move forward with this. And you might not agree with the decision, but it is what -- it's the majority that agreed to this. And so, when I think about our HOAs, I think about it in the exact same way; is that you rarely get everyone in the HOA to agree on a certain issue. Someone is going to be against it, someone is going to be for it, and that's why you take a vote, and that vote becomes representative of the body. And when -- I'm looking at documentation from 2015, November 20, from the Buena Vista Stakeholders Corporation and documentation from December 10, 2015, from the Buena Vista Heights Neighborhood Association, and both of these are in support of the North Miami Avenue Design District Parking Garage; specifically, the parking garage, and it has signatures in it from different individuals. And so, you know, to have neighbors or people who are parts of these organizations come out and then speak directly against it, I think, sends a bad signal to government, and it is because we trust you to give us your opinion. And so, basically, all you told us is nothing. You've given us nothing of value that we have that shows in the community what you feel about this thing, except that they're split. And so, when that happens, it becomes very difficult for us to really understand what the community is wanting or feels about a decision. And no matter what decision we make, it's a decision that -- which tends to be many times -- that's -- no one likes. So for all of our HOAs, you know, you should really -- when we meet as HOAs, discuss these issues, come to a vote, and really have the comradery that's necessary to say, "Okay, I was on the losing side of this battle, and yet, I still support my HOA, and this is what the issue was." And you can let there be known that there was some dissent, but what we don't want in our HOAs is people who come to a point because of one issue that they're not going to move forward together to solve the community's issues, because at the end of the City of Miami Page 118 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 day, you all are neighbors and you all represent the best interest of your community. And so, if things go your way or not in regard to one particular issue, you should all keep that in mind, because it's you that's been living in those neighborhoods for many years and have been neighbors, and have been in each other's homes. And so, remember that when you come here, you represent the best of your community, because that -- you are involved, you are knowledgeable about what's happening, and we want the best information to come for you to help us make our decision. But before we move on any further, I know that there was an outstanding issue regarding some intervener status. There were a few people that asked for intervener status. And Madam City Attorney, just explain to the board and the members of the public what "intervener status" is. And then what I will allow is the individuals that asked for the intervener status to give reasons on the record why they deserve intervener status, and then what Madam City Attorney's opinion is about each of those individuals. Ms. Mendez: Thank you, Chairman. We have a few requests for intervener status, and basically, an intervener status under our Zoning Ordinance, Miami 21, basically says that they shall have all rights of a party and they'll be able to make a presentation, conduct cross-examination, and make final arguments in order as decided by the Chair. Basically, they would be able to act as a party, because they are adversely affected in a manner that's greater to the general public, which is based on case law; the standard where you have standing in a court of law, it's the same idea here. Miami 21, when it was drafted, gave those privileges to interveners, when they're qualified, based on this board's decision. So we have a few different people that have asked. And the things that you have to take into account is the -- if somebody qualifies as an intervener has to do with their proximity to the property that's being zoned or rezoned; the character of the neighborhood, would that be affected and certain things with regard to the type of change being proposed are considerations. Also, if the person that's requesting this was also -- received notice. So you can take all those things into account with making -- you know -- would be the factors in making your determination to decide whether somebody qualifies as an intervener or not. Later... Chair Hardemon: Sir, as I understand, you want to make a public comment, but you were confused as to when to do it? Mishel Ellern: Yeah. I hope I didn't miss my opportunity. Chair Hardemon: You did, but we're going to grant it to you, okay? So we appreciate you coming here. Can you stated your name and address for the record, and then the item which you want to speak about. Commissioner Gort: Bring your mike up. Mr. Ellern: My name? Chair Hardemon: Can you get your video going? Mr. Ellern: My name and address; is that what you're asking? Chair Hardemon: Your name and address, and then which item it is that you want to speak about. Mr. Ellern: My name is Mishel Ellern, and I live at 169 -- City of Miami Page 119 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: That's his phone; he's an important guy. Mr. Ellern: -- Northeast 44th Street in Buena Vista East, and I want to speak about item PZ.10 and 11. Chair Hardemon: Okay. Mr. Ellern: I'm in support of PZ.10 and 11. I think it would divert some of the commercial traffic that we're seeing now on Northeast 2nd Avenue, which is a two- lane avenue; while Miami Avenue is a four -lane avenue, and is currently kind of congested on Northeast 2nd, which is closer to our property. And I think that adding this item to be up -zoned would spread some of the commercial traffic in the area. Currently, Northeast 2nd is pretty congested, and I think this would be a good way to open up Miami Avenue, as more of a commercial corridor. Chair Hardemon: Thank you very much, sir. Mr. Ellern: Thank you. Chair Hardemon: And I'm allowing you the public comment time because I know you didn't speak during public comment earlier today, because you asked for the intervener status. So I recognize that you had an opportunity to speak, but you did not have an opportunity to be heard. Neisen Kasdin: Mr. Chair. Chair Hardemon: Yes. Mr. Kasdin: I have an objection on legal grounds to the showing of this tape. IfI may state my objection? Chair Hardemon: Sure. One second, one second. Mr. Kasdin: So, Mr. Chair, this is, as you know and are ably handling, this is a quasi-judicial hearing and it's an evidentiary matter. What she is proposing to show is a tape that has certain excerpts, some of which -- if not all of which -- were taken without knowledge of those people being filmed, including our client. But beyond that, it is not allowable evidence in this proceeding, because, number one, we need to authenticate when the tape was taken, who the people are on the tape, if they are who they purport to be. We have no right or ability to cross-examine the people who you're going to see on the tape, who will be making statements that very well may be false, and they may not represent who they are or what their real interest is. So we believe this is not competent evidence, and before it is shown, at a minimum, the City Attorney's Office should be able to review it so that we -- you -- so they can verb. This is, "A," hearsay; "B," it's not competent evidence; "C," there's no way to authenticate it; and "D,"it invades the rights of privacy since it was taken without consent. Chair Hardemon: I have a question for you. The video that is about to be shown, was it at a public event -- I mean, a public hearing, a public meeting? Mr. Kasdin: No. I think portions of it, perhaps; certainly, portions not. It was not a public hearing. It was maybe in a meeting, but not a public hearing, for sure. Chair Hardemon: Okay. The reason I asked that, because, of course, I want to know whether or not there was an expectation of privacy that was -- that -- City of Miami Page 120 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Kasdin: Absolutely not a public hearing before any public body or agency, or with any legal notice; that, I can tell you. Chair Hardemon: But it was a meeting of members of the community regard -- with representation from, say, a party to the matter? Mr. Kasdin: Some of it, maybe; some of it, maybe not. Chair Hardemon: And also, I mean, this is something that -- I think we should understand that she's speaking right now under public comment. So as I understand it, Madam City Attorney, this is not to be considered necessarily as evidence because it is public comment, so this is an opportunity for the public to be heard about an item. So the evidence that will be put on -- for instance, if this were in the case, itself, you would be able to make that objection and we would have to rule on that objection and great consideration would be considered in that, because we don't want the record to be muddied with testimony or evidence that does not meet the standard. Mr. Kasdin: Mr. Chair, if I may. I think -- two things: Number one, they will assert that the public comment is directed to the noticed issue and should be part of the record. Chair Hardemon: Okay. Mr. Kasdin: So that is going to be their position. Number two -- and the distinction is, this isn't even just like a video showing a physical building, location, place. What this is, is people who are speaking, who are not here. We cannot authenticate the vera -- the truth of what they're saying, nor can they be cross-examined. So the real distinguishing fact is she's going to be showing people speaking who we can't cross- examine, who are going to be giving prejudicial testimony about our specific quasi- judicial item. Chair Hardemon: And my position on that, counselor, is that you would not typically cross-examine public comment. So the cross-examination would be during a time where there's evidence being presented, and that's why we're doing this in this matter, so that we can clearly distinguish between what is testimony, evidence to be considered, and public comment, which is what every person who is interested in the matter has an opportunity to come and speak about. In this situation that we're looking at right now, this is an extension of the public comment section where the cross-examination would not be afforded to you, to a resident who is, in fact, just coming to put their two cents in the matter. Mr. Kasdin: Well, Mr. Chair, I -- if it is the ruling of the Chair that this is strictly public comment and not part of the record -- I would also request if the person showing the video would stipulate that it is not part of the record for the hearing, then -- and it is purely for public comment -- I think that it would mitigate the prejudicial effects and the inability to cross-examine the people speaking. Chair Hardemon: I think without the -- if there's without objection, this board would say that what's being presented is not evidence to be considered, but merely public comment. Would you agree to that, as well? Ms. Braun: Yes, Chairman. Chair Hardemon: Okay. City of Miami Page 121 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Braun: And I would also like to add that I made two versions; one as a courtesy to the lead developer on the project, where I put a witness protection filter over his face, and you only hear the comments of the members, and you don't see him. So I just pulled that one up. So -- which provides me protection that you don't really see him. Chair Hardemon: Okay. Thank you so much. You can press the video now. Ms. Mendez: Mr. Chair, the only thing that I would like to ask, I guess, before we become the disseminators of this information, were these people videotaped with their own consent, or was it part of a -- Chair Hardemon: It looks to be on this one. We shall see. Ms. Mendez: Okay. Mr. Kasdin: No; at least some of them are not. Ms. Braun: Our IT (Information Technology) person needs a second. Mr. Kasdin: Mr. Chair -- Chair Hardemon: Yes, go ahead. Mr. Kasdin: -- City Attorney -- okay. The -- one other thing: Now that it is being shown, a copy of this should be given to the City -- Chair Hardemon: You're absolutely correct to -- for public record; unless they're able to record it while this is going on, but we'll request that it is provided to us. Ms. Braun: And I had sent this to the Planning Department before they made a decision, and in just a matter of a few hours, there were 19 views. So many in the City have access to the link, and they have seen it. Is the Chairman --? Note for the Record: A audiovisual presentation was made Chair Hardemon: Thank you. Ms. Braun: (UNINTELLIGIBLE). Chair Hardemon: Thank you very much. Ms. Braun: Thank you, Chairman, for allowing me to present, and Commissioners. Chair Hardemon: Thank you very much. So I'm going to -- once again, I'll close the public comment at this time. City of Miami Page 122 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 1035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.1 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. City of Miami Page 123 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.2 ORDINANCE First Reading 1036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning and CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE - Zoning OPEN", WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-O "GENERAL URBAN TRANSECT ZONE - OPEN", WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.2 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. PZ.3 ORDINANCE First Reading 1124 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .75± ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez City of Miami Page 124 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Note for the Record: Item PZ.3 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. PZ.4 ORDINANCE First Reading 1125 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning and CLASSIFICATION OF APPROXIMATELY .75± ACRES, AS Zoning DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM T4-R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-O, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.4 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. PZ.5 ORDINANCE First Reading 1126 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning and CLASSIFICATION FROM T6-12-L "URBAN CORE TRANSECT ZONE - Zoning LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.5 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. City of Miami Page 125 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.6 ORDINANCE First Reading 1048 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 734, 720, AND 716 SOUTHWEST 7 STREET, MIAMI, FLORIDA, FROM T5-L, "URBAN CENTER TRANSECT ZONE - LIMITED", TO T5-O, "URBAN CENTER TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Chair Hardemon: Okay. Because the public comment time is closed, we can now move to our agenda. Item PZ.6 is our first on our agenda. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.6 is before you on first reading, and it involves the proposal for rezoning of properties at 716, 720, and 734 Southwest 7th Street. The zoning change requested is from T5-L, which it is presently, to T5-O. Please note that there is no land use change accompanying this item. The land use is already in place. And your staff recommendation, the Planning & Zoning Department's recommendation is for approval, as was the recommendation of the Planning, Zoning & Appeals Board by a unanimous vote of 7-0; the preponderant reason being that there is a well - established pattern in the area that would allow for T5-O to be a continuous zoning designation. And I yield to the applicant, should they have any presentation to make. Chair Hardemon: You're recognized, ma'am. Melissa Tapanes Llahues: Good afternoon. Melissa Tapanes Llahues, with the law firm of Bercow, Radell and Fernandez, 200 South Biscayne Boulevard, Miami. I'm here representing the applicant. We have a favorable staff recommendation, unanimous support of the Planning, Zoning & Appeals Board. I'm ready to do a full presentation, but I am not your problem child today. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: I'd like to move it. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Ms. Tapanes Llahues: Thank you. City of Miami Page 126 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Is there any further discussion on the item at hand? Seeing no further discussion, Madam City Attorney. Victoria Mendez (City Attorney): This is PZ.6? Commissioner Carollo: Yes. Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Ms. Tapanes Llahues: Thank you. PZ.7 ORDINANCE First Reading 1049 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244 SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4-L, "GENERAL URBAN TRANSECT ZONE - LIMITED", TO T5-O, "URBAN CENTER TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.7 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. City of Miami Page 127 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.8 ORDINANCE First Reading 1030 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.8 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. Note for the Record: A motion was made by Commissioner Suarez, seconded by Vice Chair Russell, and was passed unanimously, to grant Eric Zimelman Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.8. Victoria Mendez (City Attorney): There -- one gentleman for PZ.8 and 9. Sir -- Chair Hardemon: Can you -- Do we have that gentleman? Yes. Ms. Mendez: -- if you can approach again -- Chair Hardemon: Can you -- Ms. Mendez: -- if you could state your name? Chair Hardemon: -- take this lectern here, please? Eric Zimelman: Yes. Chair Hardemon: Madam City Attorney. Ms. Mendez: If you could state your name again and state -- Mr. Zimelman: Sure. My name is -- Ms. Mendez: -- your reasons for being -- for requesting that intervener status. City of Miami Page 128 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Zimelman: Sure. My name is Eric Zimelman. My address is 2601 Southwest 15th Street. I abut the property that they're requesting to have the zoning change. For that reason, I believe that I should be -- Chair Hardemon: And which item is that again? Mr. Zimelman: 8 and 9. Chair Hardemon: 8 and 9. Got it. And Madam City Attorney, regarding -- Are you saying, sir -- First of all, on the record, you're saying that you immediately abut the property that's being -- Mr. Zimelman: Correct. Chair Hardemon: -- adjusted? And so that, in and of itself, gives you the right to have an intervener status? Mr. Zimelman: Correct. Chair Hardemon: Okay. Madam City Attorney, do you have an opinion on the matter? Ms. Mendez: Based on his request that he directly abuts this property and that he would be affected by what happens in the property next door, this gentleman does qualms if you so choose to agree, for intervener status. Chair Hardemon: Board members, that will be a decision that's decided by a motion, a second, and a majority vote to determine whether or not this individual should be allowed to have intervener status, which is, of course, as Madam City Attorney announced earlier, basically gives him all rights as a party. So when an item is presented -- Commissioner Suarez: Right. Chair Hardemon: -- he can cross-examine witnesses -- Commissioner Suarez: Yep. Chair Hardemon: -- they can put on their own evidence, and basically have the same status that any other party has in making a presentation for us to consider. So it goes well beyond -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- what it is that someone who is a resident would have. You're recognized, sir. Commissioner Suarez: Thank you. And just to be clear, his status as an intervener - - if, for whatever reason, we didn't grant him intervener status, even though you're saying that you believe that he is eligible for intervener status that he could potentially go and seek relief from a court of law, and become an intervener in this matter, correct? Ms. Mendez: He could, yes; or he can just become an intervener -- Commissioner Suarez: Sure. City of Miami Page 129 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Mendez: -- in a court of law later on. Commissioner Suarez: That's what I'm saying. So, I mean, at the end of the day, it's -- I understand that we -- I guess we have some discretion in this matter, but you've opined that he is, in fact, an intervener, based on his representations, and it's likely that a court will agree with your opinion on that issue. Ms. Mendez: Yes; just based on the case law, yes. Commissioner Suarez: So I would -- Chair Hardemon: Before you make a decision -- Commissioner Suarez: Go ahead. Chair Hardemon: -- with him being the abutting property owner, does it -- does anything in the case law suggest that it is more than just your proximity; but it is your proximity and, say, for instance, an injury that you may suffer, or anything of that nature? Ms. Mendez: The case of Renard v. (versus) Dade County, that case basically is -- it takes into account a few factors, which is the -- In determining the sufficiency of a party's interest to give standing, factors such as: The proximity of his property to the property to be zoned or re -zoned; the character of the neighborhood, including existence of covenants and setback requirements, and the type of change proposed are considerations. So it's based on where he is, the actual rezoning in this case, the fact that the rezoning in this case is calling for something not within the same zoning category but something else, all those factors taken cumulatively would give this gentleman that opportunity to be an intervener. Chair Hardemon: And, sir, what other factor -- you did state your proximity to the lot -- Commissioner Suarez: To the property. Chair Hardemon: -- but what is the character of the neighborhood that you're trying to protect and the character that will be -- I guess what is it about the neighborhood that's different from what the proposed change would bring about? Mr. Zimelman: Well, it's very simple. This is a single-family district. The vacant land that we're talking about had four single-family homes on it that were voluntarily knocked down; that's why currently, it's vacant. The neighborhood is single-family. They're trying to change the zoning to make commercial; and instead of having one family, two families next to me, we're talking about having 40 or 50 families next to my house. Chair Hardemon: Thank you very much. Mr. Zimelman: So -- Chair Hardemon: Thank you, sir. You're recognized. Commissioner Suarez: Yeah. I mean, I think he's stated a pretty compelling case as an intervener, and I think the City Attorney obviously agrees with his -- or seemed to opine that it seems like he's making a compelling case, so I don't have a problem with him being an intervener in the case. I think, because of that, you know, I'm in a difficult position, and the applicant's probably in a difficult position to not really City of Miami Page 130 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 fully understand the ramifications of what it is to have an intervener in their case. So because of that, I'm probably going to ask for a deferral to the next Commission meeting so that you can confer with the applicants, because you are now going to be an intervener in the application, and get an understand for what's going on. They can get an understanding from what your concerns are. I think that's the prudent way to move forward. Chair Hardemon: I would agree with you, and I would like for you to culminate that with a motion accepting him as an intervener, as well as a motion to -- Commissioner Suarez: So let's do one at a time. I'll make a motion to accept -- Ms. Mendez: Chairman, I'm sorry, just one brief -- Commissioner Suarez: Is that not a motion? Ms. Mendez: -- I just wanted to clam. Sir, do you simply own the property? Do you live at this property? Do -- Mr. Zimelman: I own the property. I -- Ms. Mendez: So it's a rental property? Mr. Zimelman: No, it's vacant. I currently have -- I do not live there. I own the property. Ms. Mendez: Okay. But you don't live at the location? Mr. Zimelman: Correct. Ms. Mendez: Okay. Mr. Zimelman: I'm the owner. Ms. Mendez: Okay. So it's just -- Commissioner Suarez: Okay. Ms. Mendez: -- I just wanted to clarify that for the record. Commissioner Suarez: That's fine. Ms. Mendez: If that changes anything -- Commissioner Suarez: Right, yeah. Chair Hardemon: I don't know. In the case law, does that change anything? Commissioner Suarez: Do you want to -- ma'am, do you want to be addressed? Lisa Rosen: Yeah. Commissioner Suarez: Go ahead. Chair Hardemon: Is it regarding his -- this -- his status? Chair Hardemon: No, no, no. City of Miami Page 131 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Suarez: No, no, no. You have to go to the mike. Ms. Rosen: From here? Sorry. My name is Lisa Rosen -- Commissioner Suarez: Yes. Ms. Rosen: -- and I'm talking on behalf of myself and my principal regarding what he's talking about. First of all, I have proof where he's the realtor for the property; Eric Zimelman from Best Miami Realty, and I have proof here that he's the realtor for the property. Commissioner Suarez: Sure, but he can be the realtor for the property he owns. Ms. Rosen: So he does have an interest that those lots won't be changed, because he's affecting the salability of his property. Chair Hardemon: Ma'am, can I ask you a question? Ms. Rosen: Sure. Chair Hardemon: Do you know who the owner is? Ms. Rosen: Yes. Chair Hardemon: Who is the owner? Ms. Rosen: Ovideo (phonetic) Carrera. Commissioner Suarez: No, no, no. He's talking about his own property. Chair Hardemon: Ma'am -- Commissioner Suarez: Yeah, yeah. Ms. Rosen: No, he's not the owner of the property. Chair Hardemon: -- but my question to you, you've established -- Ms. Rosen: The owner of the property is the Kurzim Group, LLC (Limited Liability Company). Mr. Zimelman: The Kur "zim, "Zimelman; it's my company. Ms. Rosen: Yes. And I have here from the Sunbiz, Geoffrey Kurland, from Old Cutler Bay, is the owner of the company. Mr. Zimelman: No. That's Old Cutler Road. Geoffrey Kurland's my father-in-law, and him and I own the company. Ms. Rosen: Okay. Mr. Zimelman: His last name is Kurland, Kur -- Ms. Rosen: So -- but you failed to -- Chair Hardemon: But before we move forward -- City of Miami Page 132 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Suarez: Hold on, hold on, hold on. Chair Hardemon: -- one person speaks at a time. Commissioner Suarez: Let's keep it in order. Sure. Chair Hardemon: Allow her to present what she has -- Commissioner Suarez: Right. Chair Hardemon: -- information about, and we'll be glad to clarify with you. Commissioner Suarez: And by the way, let me just clam that -- Ms. Rosen: This is very important information that he failed to disclose. Commissioner Suarez: Okay, so -- Ms. Rosen: And I'm here to just present it. Chair Hardemon: Okay. Can you -- Commissioner Suarez: So -- Chair Hardemon: -- just before -- the Sunbiz has a list of owners? Ms. Rosen: The Sunbiz is the Florida corporation where it lists the owner of the corporation, who is the owner of the property. Commissioner Suarez: Mr. Chair, ifI may? Chair Hardemon: Yes. Commissioner Suarez: I got to jump in there. Oftentimes, people believe that Sunbiz lists the owners of corporations. Ms. Rosen: Mm-hmm. Commissioner Suarez: That's sort of a misunderstanding of -- Ms. Rosen: Right. Commissioner Suarez: -- corporate law. Ms. Rosen: Right. Commissioner Suarez: What happens is, Sunbiz requires that the directors of the company be listed, not the owners. So, unfortunately, oftentimes, people believe that who the directors are, are the owners. Sometimes the directors aren't even the owners at all. Ms. Rosen: I understand. Commissioner Suarez: So, I mean, I could ask him to produce the shares of the company as a means of establishing his ownership, and I don't have a problem doing that. I think the reason why I want to defer it is actually for your benefit, too -- City of Miami Page 133 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Rosen: Right. Commissioner Suarez: -- because now what happens is, if he's an intervener, he has joined your application. And so, you now need to understand what the ramifications -- and your client that you're the principal of needs to understand what the ramifications of that joinder of the application are, for purposes of what you're going to present in the next hearing. So this is not necessarily a denial or anything like that. It's just necessarily a -- Ms. Rosen: But I understand. Commissioner Suarez: -- yeah. Ms. Rosen: I just wanted to clam things that he failed to disclose, like his name is on the real estate multiple listing service. His property is for sale currently. Commissioner Suarez: Understood. Ms. Rosen: And I believe he does have a personal interest on the property; not just as a owner of the property, but as a seller and realtor. Commissioner Suarez: Yeah. Ms. Rosen: So I think their intentions go beyond -- Commissioner Suarez: I don't think he'll dispute that. Mr. Zimelman: What? Commissioner Suarez: I don't think he'll dispute that. Ms. Rosen: -- what he is -- Mr. Zimelman: I don't. Ms. Rosen: -- you know, entitled. So -- Chair Hardemon: Thank you very much, ma'am. Commissioner Suarez: Understood. Chair Hardemon: So -- Ms. Rosen: And I have pictures, also, of the 'for sale" sign, as well. Commissioner Suarez: I -- we -- if I may? And you can -- if you disagree with anything I say, you're welcome to jump in. I will -- we'll let the record reflect that he is the realtor for the sale of that property; that he, according to his representation, is also the owner or a shareholder in the company that owns that property -- Ms. Rosen: Mm-hmm. Commissioner Suarez: -- and that all clarifies the interest -- Mr. Zimelman: And I'm also the attorney. City of Miami Page 134 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Suarez: And -- yes, and you're clearly also the attorney -- Ms. Rosen: It's okay. Commissioner Suarez: -- for that property. Ms. Rosen: Perfect. Even better. Commissioner Suarez: So he represents a variety of different functions in that. So -- Ms. Rosen: Good. Commissioner Suarez: -- I think in order for your client to better understand what that means in terms of him -- Ms. Rosen: Mm-hmm. Commissioner Suarez: -- being a part of this process now, I think the prudent thing for everybody to do is to defer it for one Commission meeting so you guys can get together, understand what his status as an intervener means and how it's going to interplay with what goes forward. Ms. Rosen: And also, in that area, it's already commercial properties -- Commissioner Suarez: I understand. Ms. Rosen: -- as well, so it's not a big change that he's -- Commissioner Suarez: I get it. Ms. Rosen: -- seeking. Commissioner Suarez: I get it. Ms. Rosen: There are commercials in that area. Commissioner Suarez: I get it. Chair Hardemon: Thank you very much. Commissioner Suarez: The abutting -- Ms. Rosen: Thank you. Commissioner Suarez: -- property is commercial, and the abutting property after that is also commercial. Ms. Rosen: Correct. Commissioner Suarez: Correct. Okay. Ms. Rosen: Everything is commercial. Commissioner Suarez: Thank you. Ms. Rosen: Thank you so much. Have a good afternoon. City of Miami Page 135 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: I think we -- Commissioner Suarez: So how would you like me to proceed, Madam City Attorney? Ms. Mendez: I just wanted to clarify for the record what -- you know, whether he would -- he lives in the property or not, and just so that you can have all the information that we have right now for you to make your decision. Commissioner Suarez: But does that change your analysis on whether he's an intervener or not? Ms. Mendez: It doesn't necessarily -- Commissioner Suarez: Okay. Ms. Mendez: -- change it, but it qualifies things -- Commissioner Suarez: Understood. Ms. Mendez: -- based on whether it's someone that lives there, day in and day out versus -- I mean, these are just things -- Commissioner Suarez: Understand. Ms. Mendez: -- for you to think about, that's all. Chair Hardemon: Okay. Is there --? Commissioner Suarez: What would you like me to do, Chair? Chair Hardemon: You could make a combined motion to intervene -- Commissioner Suarez: Is that okay? Chair Hardemon: -- and also a continuance. Commissioner Suarez: He's -- Mr. Zimelman: Separate. Chair Hardemon: -- (UNINTELLIGIBLE) the same thing. Commissioner Suarez: I think the City Attorney has opined that, based on his testimony, he's made a compelling case that he's an intervener, and I don't see the reason that he should have to go into court and get that status, and we'd be embarrassed in the process. So I'll make that motion. I don't know if there's a second. Vice Chair Russell: Second. Commissioner Carollo: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion -- Commissioner Suarez: No. Chair Hardemon: -- on that issue? Seeing none, all in favor, say "aye." City of Miami Page 136 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Suarez: Second motion is to defer this for one meeting till November 17 -- Chair Hardemon: That way -- Commissioner Suarez: -- so that the intervener can now meet with the applicant -- they're co -applicants, I guess, now -- and they can understand the ramifications of that decision, and decide how they want to go forward. Obviously, it gives the neighbors also an opportunity to meet with all the relevant parties to see if there's issues that can flush out. You all are welcome to meet with me, as well. I -- do I have to make Jennings disclosures if we defer it? Chair Hardemon: Not now. You don't have to do it now. Ms. Mendez: After, if you meet with them on the zoning application. Commissioner Suarez: No, but I have two people that I've spoken to on this matter. Ms. Mendez: You can make it next time. Commissioner Suarez: Okay. So -- but you're welcome to reach out to my office, if you want to come talk to me about the issues that you have with the property or whatever, and we can hash out those things, as well. Okay? Vice Chair Russell: Second. Chair Hardemon: All right? Commissioner Suarez: Yeah. Chair Hardemon: So it's been properly moved and seconded that we continue items PZ.8 and 9. Any further discussion? Commissioner Suarez: No. Chair Hardemon: Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 137 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.9 ORDINANCE First Reading 1031 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-R, "SUB -URBAN TRANSECT ZONE - RESTRICTED", TO T4-L, "GENERAL URBAN TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.9 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. Note for the Record: A motion was made by Commissioner Suarez, seconded by Vice Chair Russell, and was passed unanimously, to grant Eric Zimelman Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.9. Note for the Record: For minutes referencing Item PZ.9, please see Item PZ. 8. City of Miami Page 138 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.10 ORDINANCE First Reading 1032 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202- 4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.10 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. Note for the Record: A motion was made by Commissioner Gort, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Suarez absent, to grant Kirk Munguia Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.10. Note for the Record: A motion was made by Commissioner Gort, seconded by Chair Hardemon, and was passed unanimously, with Commissioner Suarez absent, to deny Susan Braun Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.10. Chair Hardemon: Okay. I know there should be one or two other -- Victoria Mendez (City Attorney): On a different item, there's -- I believe four people requesting intervener status, and if they'd want to approach -- I think Mr. Cruz is one of them. This -- Chair Hardemon: We can address Mr. Cruz first. Commissioner Gort: He's automatic. Chair Hardemon: Hmm? Commissioner Gort: Mr. Cruz is automatic. Vice Chair Russell: He has permanent intervener status on every issue in Miami. City of Miami Page 139 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Let's see -- Mr. Cruz, can you take this lectern, please? Ms. Mendez: Though Mr. Cruz is going to be very disappointed, I don't think he qualifies, based on the Renard case. Chair Hardemon: Before we go there, let's allow Mr. Cruz to briefly tell us why you qualms for intervener status, and then I'll allow the City Attorney to give her position, and for us to mull over the facts. Elvis Cruz: Thank you, Commissioner. Elvis Cruz. Chair Hardemon: You're recognized. Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioner, the key word is "interest." I'm not -- I don't have a financial interest, but I do have an interest. You know me. You know why I'm here. This is my 136th appearance at City Hall. Chair Hardemon: You keep a --? Mr. Cruz: Yes, I do keep a running total since 2003, but there were many before that that I hadn't started counting. And you know I'm a neighborhood advocate, and I'm a strong believer in protecting neighborhoods, especially single-family neighborhoods. So, in that sense, my interest is far greater than that of the general public. The law does not say I have to have a financial interest. It says, "Do I have an interest greater than that of the general public?" And that is the basis for me requesting qualified intervener status. Chair Hardemon: Thank you very much. Madam City Attorney? Ms. Mendez: Thank you. Vice Chair Russell: Define "interest." Ms. Mendez: This is the same analysis in the case of Renard v. (versus) Dade County, and basically, in this case -- Chair Hardemon: And can you -- Ms. Mendez: -- it has to do -- I'm sorry. Chair Hardemon: -- well, yeah. Just tell us a little bit about Renard v. Dade County so we can understand the context. Ms. Mendez: It pretty much establishes standing for purposes of zoning cases and who are aggrieved parties, and people that are adversely affected. And in this case, it has particular factors in determining the sufficiency of somebody having standing. And the things are basically proximity of the property to the property being zoned, any changes to the character of the neighborhood, and the type of change proposed affect whether or not somebody is given intervener status. Also, something to think about is whether they were noticed as a part of the application, and that's a further consideration. Based under these qualifications -- and I know that Mr. Cruz is a champion of people's rights and all, but -- he obviously can give his opinions, but he is not a qualified intervener for purposes of the case law. If he did abut the property, totally different scenario. Mr. Cruz: Well, Commissioner, having heard that, it is100 percent true that case law supersedes City policy, City law, so I yield to the case law of the State of City of Miami Page 140 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Florida; moreover, this gentleman here, who you're about to hear from in a little bit, he is an abutting property owner and -- Chair Hardemon: So we'll get there when we get there, but I -- Mr. Cruz: -- he will ask to -- he can call witnesses. Chair Hardemon: I understand -- we understand how the intervener -- Mr. Cruz: Yeah. Chair Hardemon: -- status works, but I appreciate you yielding to the case law -- Mr. Cruz: Yeah. Chair Hardemon: -- so we don't have to make a decision, so we'll just move forward with the next -- Mr. Cruz: Okay. Chair Hardemon: -- individual, since you don't qualify, okay? Mr. Cruz: Thank you. Chair Hardemon: Thank you very much. Sir -- Kirk Munguia: Okay. Good afternoon. Chair Hardemon: -- before you -- Mr. Munguia: Sorry about that. Chair Hardemon: -- speak -- no problem. How many -- is it -- it's just three more individuals? Ms. Mendez: Three more. Chair Hardemon: Okay. Can -- Susan, can you take this lectern over here? Mr. Munguia: Yes. Unidentified Speaker: What is it, Chairman? Chair Hardemon: It doesn't matter. He can take this one. We all -- we want to keep one free, just in case we call someone else to the lectern; that's why I'm asking everyone to come to this side, okay? Sir, so -- Mr. Munguia: Yes, sir. Chair Hardemon: -- once again, what I'm doing is I'm asking individuals -- because I know you made a request -- Well, first of all, you made a request to become an intervener on item PZ.10 and PZ.11, and so, because you made that request, what I'm asking for you to do is put on the record the facts that you believe are sufficient to show that you deserve intervener status, and that it should be granted. And so, we'll have the City Attorney give her opinion, and then there may be a motion from this board to decide whether or not that status is granted, but I want you to understand that what the intervener status, if it is granted, you become somewhat -- City of Miami Page 141 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 what is a party. These are not matters where it's just about lawyers, where you get up and you say what you believe, but understand that in a Planning & Zoning hearing case, there are lawyers that represent different parties and they put on evidence and that evidence can be tested. And the way you should test that evidence is through cross-examination and things of that nature. And so I just want you to be aware that if you become an intervener, in case, to be prepared for different objections from the other parties regarding evidence and things of that nature. So what I'm asking you to do is not necessarily to hire an attorney, because I'm not telling you to do that; it would be an ideal, but not necessarily "the" thing to do. But for all of us who are -- especially when we're in this matter and we're thinking about these different issues, there are other laws that affect how we govern ourselves at the City Commission level. So, for instance, lobbying laws, where people have to register as lobbyists in order to convince City Attor -- City Commissioners of certain facts. So just be prepared for different objections from those individuals who are interested in the matter, who may not see things your way, okay? So really start to consider -- and I'm sure the gentleman standing to your left can assist you -- but really start to consider what it is that you're stepping into when you want to defend your position. Understood? Mr. Munguia: Correct. Chair Hardemon: But what I'm asking you to do right now is to just state the facts that you believe grant you intervener status. Mr. Munguia: Correct; yes, I do. Chair Hardemon: Okay. What facts do you believe grant you intervener status? Mr. Munguia: The whole -- Ilive right next door to this whole -- Todd B. Hannon (City Clerk): Chair, can I get the speaker's name? Chair Hardemon: Yeah. Mr. Hannon: I'm sorry. Chair Hardemon: State your name and address for the record, please. Mr. Munguia: I'm sorry. My name is Kirk Munguia, living in 37 Northwest 42nd Street for 37 years. Chair Hardemon: Okay. Mr. Munguia: Right next to the whole issue with the parking garage thing, which they want to establish there on the corner of -- this would be PZ.10, 11 -- PZ.10 and also 11. Chair Hardemon: And during the time that you were living there, was that property a place where there was a dwelling on, or was it always a vacant property that was commercial? Like, what was the status of that property during the time you were there? Mr. Munguia: It was a home to long -- a vet that passed away, that he was on Vietnam and we -- he was a neighbor of ours for years, plenty of years. He passed away, and one way or the other -- I don't know if -- who took over the property, but there was homes, like at least like five, six homes in that property for so many years. City of Miami Page 142 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: And what's there now? Mr. Munguia: It's just palm trees and -- right next to it, on that -- there's a house on -- but not on the -- on the lot right next to it, but it's a lot with, you know, palm trees and mango trees and -- like three or four mango trees. Chair Hardemon: And can you briefly describe what would be the effect on the character of the neighborhood if this proposed zoning change was granted? Mr. Munguia: What would be the effect? Chair Hardemon: Yes. Mr. Munguia: Okay. The effect is 40 years -- just like I've been there 40 years, 37 years. My parents have been there for 40 years. We have neighbors -- not talking about four years, three years that just came in; talking about neighbors that been living there for like 30, 40, 50 years that we have seen the growth of the neighborhood. And one way or the other, it's been like a family. Then, for a humongous parking lot to come in, bring in so many cars, changing streets -- also, you have to understand now, when you have all these cars coming in and parking, noise, we have kids, as well. And if I, you know, could present a diagram, as well? Chair Hardemon: Okay. Ms. Mendez: Sir, could you say your address one more time? Mr. Munguia: I'm sorry? Ms. Mendez: Your address again? Mr. Munguia: It's 37 Northwest 42nd Street. Ms. Mendez: 37 Northwest --? Mr. Munguia: 42nd Street. Miami Ave. Ms. Mendez: Thank you. Chair Hardemon: Okay. Thank you very much, sir. Madam City Attorney, you have an opinion? Neisen Kasdin: Mr. Chairman, may I make -- file objections? Ms. Mendez: Sir? Chair Hardemon: This is why I want that lectern clear, right. What I'll do, I'm going to allow the City Attorney to give her opinion about the matter, but I'll also -- because I know you would be a -- you are a party to this issue. Mr. Kasdin: Yes. Chair Hardemon: So I'll allow you an opportunity to say a few things to see what you believe. Mr. Kasdin: Yeah. Mr. Chair, this is just regarding the underlying facts, and I just wanted to bring it out for the record to be clear. I'm not certain myself -- if I may, just two questions? City of Miami Page 143 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Can you state your name and where you work? Mr. Kasdin: Neisen Kasdin; Akerman, LLP (Limited Liability Partnership), representing Oak Plaza Associates. Just really one -- two questions as to his standing. Number one, Mr. Munguia, who owns the property that you're speaking about? Mr. Munguia: Well, it's my parents' property. Mr. Kasdin: Your parents' property? Mr. Munguia: Correct. Mr. Kasdin: Okay. And do you currently live at that property? Mr. Munguia: Yeah; for now, yes. Yes, I do currently live at the property, as well. Mr. Kasdin: And that is as since -- if I may ask, since when? How long have you lived there? Mr. Munguia: For 37 years. Mr. Kasdin: Hold on. You said 'for now," meaning that -- implying that you lived somewhere else for some period of time, so how recently have you gone back to that property? Mr. Munguia: I mean, couple of years back, went to college. You know, from there on, you know, I was in the military, so I came back; just probably one year that I just come back. I've been back to -- Mr. Kasdin: Okay. Just wanted to get those facts on the record, Mr. Chair. Chair Hardemon: Okay. And Madam City Attorney. Ms. Mendez: And just to be clear, you're under oath, so anything you say -- Mr. Munguia: Correct. Ms. Mendez: Okay. All right. Mr. Munguia: Yeah, I live there. I reside there on 37 Northwest 42nd Street. Chair Hardemon: Understood. Ms. Mendez: All right. Chair Hardemon: And Madam City Attorney, just for the record, so the record is clear, within the case, is there a difference in how a person is treated if they are a resident of the property versus an owner? Ms. Mendez: It -- I believe the case law has to do with ownership; if you give me one second. Chair Hardemon: How old is your father? Mr. Munguia: He's back there. He's -- City of Miami Page 144 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Uh-huh, so -- Mr. Munguia: -- 70. Chair Hardemon: -- 70? Did he do that to you? Mr. Munguia: Yeah, it was at work. Chair Hardemon: I'm just joking. Mr. Munguia: No, no, no, (UNINTELLIGIBLE). Excuse me. Do I have the right to speak on the behalf of my father, as well? Chair Hardemon: It would be best if you brought him to speak for you, but, I mean, you can say some things -- I would suggest that he represent himself versus you representing for him; however, you can state some things that he may feel, but understand that you represent yourself; he represent himself You understand? Mr. Munguia: Okay. Chair Hardemon: But we're just trying to get to the issue about the intervener status. Mr. Munguia: Okay. Chair Hardemon: Certainly, if -- I mean, he qualifies if -- say, for instance, if the opinion is that you don't qualify but he qualifies, you still have representation from the household. So we're just trying to figure out this issue, because we want to get it right, okay? Ms. Mendez: Chairman, it says: "The aggrieved or adversely affected person having standing to sue as a person who has a legally recognizable interest, which is or will be affected by the action of the zoning authority in question." Chair Hardemon: I would say -- Ms. Mendez: Arguably, a legally recognizable interest would have to be someone that's on title, I would assume, but it doesn't really clarify that right now. Chair Hardemon: Does it define "interest"? Do you mean interest as in --? Mr. Munguia: Well -- Ms. Mendez: An affected resident, citizen, or property owner of the governmental unit in question has standing to challenge a zoning ordinance. Chair Hardemon: Okay. So I think, under what he's just stated, he has standing; I would say so. A resident -- Ms. Mendez: Affected resident? Chair Hardemon: Correct, correct. And so, with that being said, I would move -- well, I would ask this body to move that we grant intervener status to the individual that is before us right now. Commissioner Gort: Move it. City of Miami Page 145 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Seeing none, motion passes. We have two other individuals. Ms. Mendez: We have two other individuals. Chair Hardemon: And I will say this: So now, there are one -- the City is another party, so there are three parties now to this item. So what you're asking for is to also be placed as a party. So you, too, have a separate presentation to make as an intervener, so I just want that to be very clear. Ms. Mendez: Right. Now, these two -- Chair Hardemon: Are they for -- it's for PZ.10 and PZ.11, correct? Susan Braun: Yes, Chairman. Chair Hardemon: Okay. Ms. Mendez: Yes. Chair Hardemon: Can you please take this lectern? Ms. Braun: Could I please what? Chair Hardemon: Take this lectern, in front of this one. Ms. Braun: Sure. Chair Hardemon: You can have a seat. Mr. Munguia: Thank you. Chair Hardemon: Okay. And can you state your name and address for the record, please? Ms. Braun: Susan Carrie Braun, 45 Northwest 44th Street, Miami 33127. Chair Hardemon: Can you state the facts that you believe would grant you intervener status in this matter? Ms. Braun: I'm 53 feet away from the proposed site, and through my activity of the Buena Vista Neighborhood Association, our group is the only HOA (Homeowners Association) who has been representing the true position of the neighbors, and I have documentation to prove this. Chair Hardemon: Okay. When you say 53 feet, is that the next property -- is that the property next door to it, or is that two properties over? Ms. Braun: Through the isosceles triangle, "A" square, "B" square, "C" square, so I'm across the street, 20; and 50 over, which is 53. Chair Hardemon: So you're across the street? Ms. Braun: And then diagonal. I'm diagonally across the street. City of Miami Page 146 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: So is there a property that is directly across the street that is a home? Ms. Braun: Yes. Chair Hardemon: And you live next door to that home? Ms. Braun: Across the street. Chair Hardemon: Okay. Vice Chair Russell: A 53-foot hypotenuse. Chair Hardemon: Right. Ms. Braun: Thank you. Chair Hardemon: So it's like -- thank you. Madam City Attorney? Commissioner Gort: Madam Attorney, Madam Attorney. Chair Hardemon: Madam City Attorney, have you considered the facts that she's presented before us? Ms. Mendez: I'm sorry? Chair Hardemon: Have you considered the facts that she's presented before us that she is a property owner who is across the street, next door to a home? Ms. Mendez: That's a determination of fact for the Commission to decide. I mean, abutting is definitely abutting. I think, then, you have to determine whether it's something that you feel is close enough in proximity, based with the -- all the other considerations that we've discussed before that would qualms her as an intervener. Chair Hardemon: Can you state your name -- I mean your address again, for the record? Ms. Braun: 45 Northwest 40th Street -- 40 -- I'm sorry -- 44th Street. Chair Hardemon: And Madam City Attorney, in the case law, it doesn't state a particular distance as an -- Ms. Mendez: It just says "proximity," which is for the board to determine. Ms. Braun: And if you like -- I was trying to be brief but if you'd like, I could add, as far as changing the character of the neighborhood and how are they affected, if they're going to build a five -story parking garage with no setbacks diagonally across the street from me, a little bit over 50 feet, it's going to block sunlight, it's going to block breeze, it's going to increase traffic, it's going to be so dangerous, and it will considerably change and diminish my quality of life and the quality of life of those who have asked me to help them in this fight. Chair Hardemon: Right. You know, I will say that in law, there's something called "a slippery slope." Ms. Braun: Sorry? City of Miami Page 147 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: In law, there's something called "a slippery slope." Ms. Braun: Mm-hmm. Chair Hardemon: And basically, what that means is that be careful on the decision that you make, because from that decision that you make, it could affect decisions that you will have to make in the future. So the question in this instance is: We know for a fact that, for instance, an individual that abuts the property is someone that is in close proximity; moreover, he's right next door to it, so you're the most affected person. And so here, it's a situation where you're not next door, like the gentleman before you, but you're across the street. And then, from across the street, you're not the property that is directly across the street, but you're the property that is next -- is next to the home that is across the street. And so because this does not affect your ability to voice your opinion about the matter, it doesn't affect your ability to assist the intervener in his status regarding this project, the project intervener status becomes effectively a party to what's occurring. And I think that when you're considering whether or not -- how you move forward in a matter that is as serious as zoning changes, as serious as something in the way that it is, I think that we should probably draw the line at neighbors that are directly abutting the property; or a neighbor that especially is across the street, for instance, directly across the street from the property, because they're most affected by the matters that's going to -- that are occurring. And so, you -- Ms. Braun: May I add -- oh, sorry, sir. Chair Hardemon: You can -- Ms. Braun: Commissioner Carollo? I'm sorry. Commissioner Carollo: No, the only thing that I wanted to mention is that, listen, we have hardly ever, if ever had -- I don't know if you want to call it "hearings" or not, on intervener status. And here, we have -- we're on our third. So I just -- I'm a little concerned about starting to set precedent when we -- at least I haven't fully studied this whole intervener issue. You know, with one or two, okay, but it's starting -- you know, it's starting to be -- what? We have four today, and again, I'm just concerned that, for lack of knowledge, we start setting a certain precedent that then we follow in the future. Ms. Braun: I understand, and -- Deborah Wright: Can I speak on that really quickly? I -- Chair Hardemon: Ma'am. Ms. Wright: Okay. Ms. Braun: I just want to -- if I may, I appreciate Ms. Wright. I did receive notice, which is according to our City Attorney, one of the criteria. And also, one of my arguments, which is -- I would like to make is that we've been excluded by the City from the process. We've been denied our right to process. Chair Hardemon: What do you mean? Ms. Braun: I have emails to the City; to the director of Planning, Mr. Garcia, and I sent him a video with documentation of all the impacted neighbors opposing. And still, they voted -- and I had -- was in constant contact with the planner on the City of Miami Page 148 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 project, Mr. Snow. And I was told I would be invited to present. But, however, only the HOAs who have betrayed the neighbors were invited. And we have been denied our right to due process, our right to be included by the City. And I hope we don't -- I hope -- I'm hoping today we can amend that denial of our rights to be included in the process. Chair Hardemon: That's kind of the part that I'm most confused about, because when you express something as "a right to be included," I want to be clear about what it is that you're describing, because the way you described it, I don't understand that right. So I want -- if there is a right that was affected, I want to know what it is. Madam City Attorney, Mr. Garcia? Ms. Mendez: Well, I think as to the basic facts that she's describing, Mr. Garcia could speak to that. I just wanted to clam the whole notice issue. If you remember, the three things that I've said have to do with proximity of the property -- to the property; the character of the neighborhood, whether it would be changed, and the type of change proposed are the considerations. Another consideration can be noticed; however, that is only -- because notice varies throughout the State, it is not a determining factor. Also, in the case of Renard v. Dade County, it was an abutting property owner. Honestly, we do run afoul of giving people who should not be interveners, per se, if we start extending to how many feet away, down the street, what have you, because -- Chair Hardemon: So you think that I'm incorrect by even saying that someone who's across the street -- Ms. Mendez: That could be -- Chair Hardemon: -- could be a stretch? Ms. Mendez: -- construed as abutting, but it's not in this case. I believe that the two determinations that we've made thus far with people that are definitely abutting the property are the right ones. I think that, unfortunately, this one is a little more attenuated. Ms. Braun: And if I may -- Chair Hardemon: And before you go on -- Ms. Braun: Sorry. Chair Hardemon: -- that right that she spoke of that she didn't have to participate in the process, Mr. Garcia? Francisco Garcia (Director, Planning & Zoning): As pertains to her ability to convey her concerns or opinions to the Planning & Zoning Department, I am advised by my colleagues that she has been met with and that she has been included in the public participation process; and, certainly, she has been notified, as an adjacent property owner, of all the public hearings that have taken place as part of this matter. So we consider that we certainly satisfied not only any right that she may have, but also any other privileges or considerations, by virtue of being an adjacent property owner. Chair Hardemon: Okay. And, ma'am, can you step to the side just a little bit? Because he's a party -- Mr. Kasdin: Here again, Neisen Kasdin. Just for the record, clarify it, the Planning City of Miami Page 149 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Department organized two neighborhood meetings, and as Lorena Ramos said, there were some eight meetings of the neighborhood, as well. She's the head of the association. Ms. Braun was at those meetings. So the fact that she has just told you about is patently and knowingly false. She has been at meetings convened by your Planning Department on this specific issue. Ms. Braun: To which are you referring that it's false? Because I don't know what he means by 'false." That I attended a meeting? There's no denial. That I was excluded by the City of Miami Planning Department is what -- to which I'm speaking; not that I didn't voice my opinion at meetings, and I actually have -- which I need time for it -- the video to show a meeting recorded where we're at the stakeholders, Ms. Ramos' organization, but the entire -- they were locally against the garage. And she acted unilaterally, on her own. Mr. Kasdin: Ms. Braun, if you play back the tape, your first comments here this evening were that you have not been able to speak to the Planning Department or the Planning staff and they haven't met with you. That is false. Ms. Braun: Excuse me. That is -- that -- I don't think I said that. I had asked -- I don't have the email -- where I had requested of Mr. Garcia to be invited downtown with the other HOAs to present the true position of the people. And even before he made his decision -- the Planning Department made a decision -- they viewed this video. And so they're -- one of their reasons for giving approval is that the homeowners -- the neighbors wanted it, which is -- that is what is patently false here, and -- that is what is patently false. Chair Hardemon: So the way I described it earlier, sometimes there's opposition to something that is -- that passes with the majority. Many times, that -- hear what I'm -- just hear what I'm saying to you. I'm not saying that that's what happened in this case, but sometimes -- I hate that I'm saying this -- but sometimes, the video doesn't always tell the whole story. We've heard that many times before, right? I haven't seen your video, and I'm sure that I'll have an opportunity to -- well, I don't think so. Have I seen this video? Ms. Braun: Yes. Chair Hardemon: Okay. I'm sorry. Then I have seen that video. I've seen a lot of videos, and I apologize. But what I'm saying to you regarding the matter of intervener status, I don't think that you meet the qualifications for intervener status. And so that does not mean that your video won't be shared with the rest of the board. We'll find the time to do that. Particularly -- Ms. Braun: Today? Chair Hardemon: -- I don't think we're going to hear this today, because I think that as parties that are involved in this matter, that of an intervener and then those who are defending themselves against said intervener deserve an opportunity to prepare themselves for this matter. So much in the same way as Commissioner Suarez asked for a continuance for the items, I'm going to do the same thing, because there was -- added someone to the party. Ms. Braun: I can't hear you. Chair Hardemon: Because there was an added person to the party. Ms. Braun: Could you repeat the last sentence? I didn't hear. City of Miami Page 150 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Basically, what I'm saying to you is that because someone is already granted intervener status in this matter, I'm going to request that the board gives a continuance in this case so that all parties have the ability to defend their position adequately. Ms. Braun: I think it's also important for us to have intervener status so what happened at 4201 does not repeat itself. When the representative HOAs misrepresented that the neighbors wanted it and the board voted accordingly, and we could have countered it with proof to certain aspects, such as that one special case was untrue, because they own -- there are people who own different residential properties within our neighborhood that are trying to up -zone to commercial, and we could, you know, bring that up for the board, so they could make an informed judgment. Chair Hardemon: Just -- and we appreciate information like that. So, for instance, my staff -- I have staff members that are in the office. I have staff members that are sitting in the gallery right now. And so, any time there's an issue like that, that you know that something needs to be corrected for the record, because we're going to err if we come up with a certain opinion, you should alert one of us, so that we can give that information. So we allow people to add in information such as that; that's something that, as a board member, I'm not happy that I missed. Ms. Braun: You mean before? Chair Hardemon: Hear what I'm saying to you. It's something as a board member that I'm hap -- that I'm not happy that I missed, but I learned from it that if you own a property, the next question I'm going to ask you: "Do you own the property next door to it?" You know, because it's affected our decision -making. But regarding this issue, simply on intervener status, I would ask that the board members move and second to support a denial of the intervener status in this matter with this individual. Vice Chair Russell: You need a motion? Chair Hardemon: Yes. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved, and seconded by the Chairman. Mr. Hannon: Excuse me, Chair. Again, the motion on the floor? I'm sorry. Chair Hardemon: The motion on the floor would be to deny intervener status in this case for the individual stated. Any further discussion? Hearing none, all in favor, say "aye." Mr. Hannon: Seconder was? I'm sorry. Chair Hardemon: I'm -- the Chair is the seconder. Mr. Hannon: Okay. Chair Hardemon: Motion passes. Ms. Braun: I'm sensitive to everybody's time and precedent. As long as we have one intervener, I'm okay with that. I don't need to have a hearing on my intervener status. City of Miami Page 151 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Wright: And will we have time to present? Chair Hardemon: Can you state your name for the record, please? Ms. Braun: I'm sorry. Ms. Wright: Deborah Wright. As long as I can be called as a witness by the other intervener. Chair Hardemon: Yeah, you can be. Ms. Wright: Then I'll save your time. Ms. Braun: And I'll have the time to present -- sir, Chairman, I'll have time to present? Chair Hardemon: Not right now. You'll have the same time allotted to all the other members of the community. However, if there is an intervener that wishes to use you as a witness, that intervener is perfectly allowed to use you as a witness in the case. And as a witness, you're allowed to present information that you believe is relevant to the issue at hand. Ms. Mendez: But that may be qualified by whether she's a -- you know -- witness type -- Chair Hardemon: But there are things that, as a witness, she can testes to. It may not be things that are super technical in nature, but, certainly, her observations, such as traffic flow, the location of the property, what happens on the street on a daily basis; those type of things. Ms. Mendez: I ask that, Mr. Chair, since it -- this, I think, will be continued, we have a little time to flush all that out since this is a new phenomenon right now under our code, so thank you. Ms. Braun: And Chairman, I had asked in advance, and I thought I received a "yes" reply from your office for showing -- Chair Hardemon: To make a video, but this is different. This is intervener status, which is different from just presenting a video. So what I'm saying to you -- the first thing I said to you is that you will have an opportunity to present the video that you want to show, because you are a constituent and you want to show this in aid of your presentation, in aid of your testimony or -- I don't want to use the word, "testimony," but your public comment, so you will be allowed to do that. That's my first statement. Ms. Braun: And I'll have the extra time afforded to me, which I asked your office in advance? Chair Hardemon: I'm not sure how long the video is, but I'll give you an amount of time that's reasonable to do what you need to do. Ms. Braun: Thank you. Chair Hardemon: You're welcome. Mr. Hannon: And my apologies, Chair. I do apologize, but I just want to make sure on that motion to deny intervener status, that was unanimous, 4-0? City of Miami Page 152 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: That is correct. Mr. Hannon: Thank you. Chair Hardemon: Thank you. Is there any other person that asked for intervener status? Is that it? Is that everyone? Intervener status? Unidentified Speaker: No. Chair Hardemon: Okay. As I understand -- Ms. Braun: Oh, no, no. Sir, I'm -- pardon me. At what point will I show the video so I can --? Chair Hardemon: Not today. What we've -- we're not going to hear the item today. Ms. Braun: We're not -- Chair Hardemon: You know why? You know why we're not going to hear it? Because it would be patently unfair to allow someone who is not prepared as an intervener to move forward with the case. So, essentially, he hasn't prepared all of his witnesses. He hasn't prepared his testimony that he wants to give. He hasn't done all those different things; and nor has the defense, or the applicant have an opportunity to prepare themselves for a intervener. So they might present more information. They might want to hire a witness -- or an expert witness or something of that nature. So what I'm saying to you is that this whole matter will be continued to another day, where you'll be allowed, once again, like the public did today, to have public comment, to speak your mind on the issue, and you could present the video. Ms. Braun: Okay, but please know that part of the applicant's strategy is to defeat the neighbors by attrition. There were seven PZAB (Planning, Zoning and Appeals Board) hearings until we prevailed, 7-3. You saw how many people we rallied here today; some -- Chair Hardemon: So do you want -- Ms. Braun: -- more in the audience. Chair Hardemon: -- so let me ask you a question. So you want to show the video today? Ms. Braun: Yes, please. Chair Hardemon: That's all you ask to do? Ms. Braun: Well -- Chair Hardemon: That's what you're asking to do, yes? Ms. Braun: Yes. Chair Hardemon: Okay. Later... City of Miami Page 153 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: I would ask my board members to -- well, the -- how much time is it between now and the next Commission meeting -- well, the next "P" -- no, the next PZ (Planning and Zoning)? No, no, no. Ms. Mendez: November -- Chair Hardemon: Next PZ agenda. Commissioner Suarez: No, because the next meeting (UNINTELLIGIBLE). Ms. Mendez: -- the next two meetings are combined. Commissioner Suarez: Right. Ms. Mendez: So it would be November 17 or December -- Mr. Hannon: 8. Ms. Mendez: -- 8. Chair Hardemon: So I would entertain a motion -- to the next one? I'll entertain a motion to continue to the next Commission meeting items PZ.10 and PZ.11. Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved and seconded. Any further discussion on that item? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PZ.11 ORDINANCE First Reading 1033 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42ND STREET, 30 NORTHWEST 44TH STREET AND 4202-4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA FROM T3-L, "SUB -URBAN TRANSECT ZONE -LIMITED", AND, T4-L, "GENERAL URBAN TRANSECT ZONE -LIMITED", TO CI, "CIVIC INSTITUTION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.11 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. City of Miami Page 154 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Note for the Record: A motion was made by Commissioner Gort, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Suarez absent, to grant Kirk Munguia Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.11. Note for the Record: A motion was made by Commissioner Gort, seconded by Chair Hardemon, and was passed unanimously, with Commissioner Suarez absent, to deny Susan Braun Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.11. Note for the Record: For minutes referencing Item PZ.10, please see Item PZ.11. PZ.12 ORDINANCE First Reading 1050 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM "DUPLEX -RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: It is 6 o'clock. Commissioner Gort: Yes. Chair Hardemon: So, Commissioner Gort, your request was right on time. I thought we could beat it. Commissioner Gort: Well, that was a request from them; that we received calls from our office from the neighbors that they wanted to hear after 6 o'clock, because they want to bring to -- additional people. Chair Hardemon: Okay. So would you like to call the item now? Commissioner Gort: Yeah. Chair Hardemon: Yeah? Item PZ.12. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. I'll introduce them briefly and yield to the applicants quickly. Items PZ.12 and PZ.13 are City of Miami Page 155 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 companion items. They are for the land use change and rezoning of properties at 1547 Northwest 24th Street and 1548 Northwest 26th Street for the land use change. And for the rezoning, it is for properties at 1547 Northwest 24th Street, 1548 Northwest 26th Street, 1665 Northwest 24th Street, and 2401 Northwest 17th Avenue. Commissioner Gort: Mr. Chairman, I have a Jennings disclosure. In my office, I did have a meeting with Javier Avanzio, Octavio Santurio, Armando Guerra, and this would not influence in my decisions. Chair Hardemon: Thank you very much. You're recognized, sir. Mr. Garcia: Thank you, sir. I'd like to state additionally that the request for zoning change is from T6-8-O to T6-8-L on the front portion of the property; and in the rear portion of the property, from T3-L to T4-L. Much of the testimony you've heard today pertains to the rezoning for the rear of the property from T3-L to T4-L. As pertains to the front, let me say that it is certainly our recommendation that that be denied, and I believe that the applicants are in concurrence with it. It should remain T6-8-O. We'll clarify that further, if needed, as needed. As pertains to the zoning change in the rear, we have recommended denial, as well; and so did the Planning, Zoning & Appeals Board, and I would like to insert a couple of additional comments for clarity sake, and then I'll yield to the applicant. Our recommendation from [sic] denial stems from the fact, mostly, that there has been no study conducted by your staff, the Planning & Zoning Department, to understand the impact, or the necessity, for that matter, of the implementation of a T4 zoning strip behind what is presently a T6-8-O zoning designation along the major corridor, which is 17th Avenue, and between that and the T3 zoning area to the east. You've heard me say on the record, and I'll continue to say that from the very beginning, the implementation of Miami 21 considered that between T6-8 and T3 to harmonize or contextualize those two disparate zoning designations, there should be some sort of a transitional zoning designation included, but that we would always study that on a case -by -case basis. We have not conducted such a study for this area; and on an isolated basis, in the abstract, barring that study to justify it, we would recommend typically denial, which is what we've recommended, denial. That said, that is not to say that upon further study, we may not come back to this Commission with a recommendation that the entire area between -- it would be 21st Street to the south, which is actually designated industrial, and approximately 28th Street to the north, which is also a commercial corridor, would be well to be zoned for T4, at least one lot, the -- to achieve that balance and that harmony that we are always seeking. On the other side, on the west side of 17th Avenue, there is already either commercial high density, high intensity, a civic institutional zoning designation; and then a park, civic space. So that area is well provided for; however, the adjacent condition between the commercial zone on 17th Avenue and the single-family residential area or duplex residential area to the east is not very well provided for. Their application comes in exactly in this condition, which spans only for about four blocks north to south. I will elaborate further as needed, but I did want to answer that caveat, because I believe that the applicants will be making reference to it. Thank you very much. I yield. Chair Hardemon: Thank you very much. Before we move forward, as I understood, there were some neighbors that believed that they should be here at 6 o'clock for public comment, and so that would be -- that would -- that is confusion. But I will tell you that we have our public comments at 2 o'clock for PZ (Planning and Zoning) items. So what I'm going to do is I'm going to open the floor for public comment for those neighbors who were not present at 2 o'clock, who found their way here now at 6 o'clock to make a public comment. I'll open the floor for you. Sir, you can approach the lectern. City of Miami Page 156 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Aldo Bugallo, Sr.: Good evening. Chair Hardemon: Yes. Mr. Bugallo, Sr.: Thank you for taking your time. My name is Aldo Bugallo; and my address, 1625 Northwest 26th Street, right across the street from the empty land. I'm not happy at all, because this is going to bring a lot of problems. It's going to be parking issue, for sure. It's going to be trucks loading and unloading in front of my house, starting at 4 o'clock in the morning. That's going to be every day. I speak to one of them already, tell them, "Can you control that?" He told me, "No." He cannot control loading and unloading the trucks; he cannot control it, whatsoever. And right now, as you see, it's 45,000 square feet. If you put 45,000 square feet in a Sedano's, you don't have parking space. So where all the employees going to go? To the street. They going to go in 24th Street and 26th Street, right in front of my house -- well, not my house. It's going to be everybody's house. I got all the homeowners right here. They all -- they don't like the decision what they want to do. And that's just starting. That's why Winn -Dixie doesn't have that problem, because they have 175,000 square feet. They have plenty parking space to load, unload. They keep everything inside the parking lot. They can't do that. They told me they can't do it. And I already talked to some of the people that do deliveries -- I did my homework -- and they told me, "Well, you know, we're going to go ahead and unload and keep going." I understand that. So they telling me they going to be in front of my house, Dorito trucks and everything, starting 4 o'clock in the morning. It's going to be all day long, until 2 o'clock; and then, it's going to be the employees. So I'm -- I go to work and come to my house to have a peace of mind. No, I won't. I try to keep my house always in shape, paint it nice. It's going to be crazy. That's why I came over here for that, because later on, when Sedano's already built, it's going to be different, and that's why I'm here now, on time, before they build. Chair Hardemon: Thank you very much, sir, for your comments. Mr. Bugallo, Sr.: Thank you. Chair Hardemon: Is there any other person that was not present earlier today that would like to speak? Is there any other person? Ivania Batres: Okay, I don't speak English. Chair Hardemon: Okay, that's fine. We can have an interpreter -- Do we -- are the interpreters still here? Commissioner Gort: No, they're here, they're here, the interpreters. Chair Hardemon: No, no, one second. We're going to have -- "Espera un momento para interpreter." Okay? Ms. Batres: Okay. Chair Hardemon: "Gracias. Habla," into the microphone. "Habla" in -- How do you say "microphone" in Spanish? Commissioner Carollo: "Microfono. " Chair Hardemon: "Como se dise 'microphone?' Commissioner Carollo: "Microfono. " City of Miami Page 157 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: "Microfono. " Alfredo Varela (Spanish Interpreter): "Microfono." Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): My name is Ivania. Ilive -- Chair Hardemon: "Uno momento. Perate, por favor. Habla en -- para microfon [sic]. Habla en microfon [sic]. Gracias." Ms. Batres: Okay, right here; that's my house right here, okay. In front -- Chair Hardemon: You can speak in Spanish. Mr. Varela: "Puede hablar en espanol si quiere." Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): I live in front, here. The reason for why I'm here is that, as you can see, Winn -Dixie has 150- something; El President, 45,500 square feet. So the same thing happens at the other Sedano's, which is at the other avenue; the same amount of square feet. So we're going to have the same problem that we have here in front of the houses, in front of the homes, at 4 in the morning, crossing the street with the merchandise in front of the homes, which won't even let you exit; in front of the houses, crossing here; people selling. Look at the difference here and Winn -Dixie. Chair Hardemon: "Mujer, espera, espera para interpretacion. " Is that it? Ms. Batres: Okay. Chair Hardemon: Okay? Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): I won't go too fast. So the problem that we want to avoid is this. All of these issues the same; they're all the same. If they were to take this amount of square feet, this problem wouldn't arise, but they don't have that, not even with the two homes that they want to change the zoning. Do I explain myself? So now, let me go over here. Look here, the same problems that we have at the President; the same thing we have here at the President. Here is their Sedano's, which is on 13th and Flagler. It's horrible. It's horrible. It's dirty. The manager is there, and the loading dock is always empty, and the cars are in the front. So what's the purpose of the loading dock? It's the same thing. That's what we don't want to have in front of our homes. That's what I want you to understand. That's what we're trying to avoid. It's true that it's all dirty, that it's a little ugly, but we've tried to -- you know, Carollo has helped a lot to clean up the area. We've been speaking with Carollo and stating the issues that we have at President. We've been talking to the neighbors that are in front of President, and they spend their whole days calling, all day. I try to contact myself with you, but it made it impossible. They told us that your people were too busy. I spoke with Ana and another boy. Commissioner Gort: My agenda is always open to everybody. My agenda is open to everyone always. You don't even need an appointment. You can walk in. Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): So that's what we wanted to explain, because we don't want this in front of our homes. We don't want any of these trucks parked in front of our homes if there's going to be a loading dock. City of Miami Page 158 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 We don't want it to happen as it's happening at President, with the same sort of problem. Here's another Sedano's that's on 67th and 8th Street. Unidentified Speaker: Just two weeks, pictures two weeks ago. Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): This just happened on the two days that we drove by. So this is what we want to avoid; we don't want this. So they want to remove the two homes, but if it was going to be done -- well done? It has nothing to do with other areas where they don't do that. Why in our area? Chair Hardemon: Thank you very much, ma'am. Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): This is what I want to try to avoid. Chair Hardemon: Thank you very much, ma'am. Ms. Batres (As translated by Spanish Interpreter Alfredo Varela): There's much land that they could do what they needed to do, since Winn -Dixie doesn't bother anybody. Chair Hardemon: "Gracias. " Ms. Batres: "Gracias. " Javier Vazquez: I'm going to need one of those. Can I borrow that? Chair Hardemon: Yeah, you can borrow this one. Seeing that there are no other persons here from -- that would like to make a public comment, I'll close the public hearing at this time. Mr. Garcia, you've already made your statements on the record regarding this item, so I'll yield now to the applicants. Mr. Vazquez: Well, thank you and good evening to all of you. My name is Javi Vazquez, with law offices at 1450 Brickell Avenue; and together with my associate Nicole Sohn, we represent 24th and 17th Avenue Ventures, LLC (Limited Liability Company). Before I continue, I'm hopefully getting a hall pass from this Commission. I would normally be in a suit, but this thing just makes it an impossibility, so my apologies for being a little bit more casual than I would normally be before this Commission. I'd like to just quickly introduce a couple of team members. Joining me this evening is Mr. Agustin Herran, Mr. Damon Del Rossi; our architect, Octavio Santurio; Mr. William Delgado; Mr. Armando Guerra and his son, Eric, and Mr. Pedro Mesa. Some of the names you've heard, especially the Herran and the Guerra family. These are very, very known for the Sedano's family, and it's a very prestigious family, a very respected family, and I'm honored to represent them for this wonderful project that they're proposing in Allapattah. And again, as the director did, I'm going to refer my comments to both items PZ.12 and 13, as they are related items. So you know the subject property. It is comprised of four parcels, totaling approximately two acres, located at the northeast corner of Northwest 17th Avenue and Northwest 24th Street. The picture on the top here gives you a nice depiction of where the property is located. And I know, obviously, the Commissioner in the district knows the area well, but I know the rest of the Commission, as well, has a pretty good idea of exactly what this location is like. Two of the parcels, as the director mentioned, are an existing T6-8-O-zoned parcel, which is the subject property or the vacant property facing 17th Avenue. The other two parcels are homes with addresses of 1548 Northwest 26th Street and 1547 Northwest 24th Street, which the Sedano's family has purchased as part of their City of Miami Page 159 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 assembly for this store location. And as has been mentioned, the site is slated for development of a Sedano's Supermarket, which will be Store Number 43. And again, just for purposes of procedure, PZ.12 is the future land use map amendment, as it relates to the two residential parcels, and PZ.13 is the rezoning application. Now, let me take a step back from the application for a second. And before we get into the nuts and bolts and the intricacies of this application, which is somewhat complex, I want to share with you what the end goal is here. Our goal, Commissioners, is to take a dilapidated, vacant, unutilized piece of property that is currently used for questionable activities and to convert it into a brand-new modern state-of-the-art Sedano's Supermarket, servicing the needs of the immediate community and surrounding area in Allapattah. I'm glad the objectors left the pictures up, because those pictures tell a great story for us. Those pictures tell a story of exactly what's not going to happen with this application, and a lot of it is driven by the fact that there's pictures up there of other grocery opportunities in the neighborhood that we're not even going to mention, but those are pictures of other supermarkets in the neighborhood. Another thing is that Miami 21 makes sure that you will not have conditions like that. Miami 21 requires enclosed service and delivery areas, as you're going to see in our site plan. So those pictures tell a great story of exactly how grocery stores cannot be designed today. And as you can see in the elevation of the proposed store, this is going to be a beautiful store for the Allapattah community. Speaking of the community, we have submitted at PZAB (Planning, Zoning & Appeals Board) over a hundred support signatures. You heard over -- I believe there was between 10 and 12 immediately affected neighbors from the community here today, which testified during the public comment portion. And at PZAB, we submitted over a hundred support signatures, and we are now submitting another 156 signatures, which brings the total number of signatures to 260 that we have now submitted. Additionally, as I mentioned, we had members at PZAB, we had members of the community here today. One of them was the director of Government Affairs at the YMCA (Young Men's Christian Association), who spoke on behalf of many, many residents above the YMCA structure. The request -- and I don't want to get too into it because of the fact that your director has already stated it for the record -- again, PZ.12 is our future land use map application, taking the duplex residential designation of the homes to low density restricted commercial. And PZ.13 is our rezoning, which takes the T3-L currently on the homes to T4-L, and your director has mentioned why we need the T6-8-O designation of the vacant property to remain as is. You heard the director mention "harmonize," as he's talking about the corridor, and how he has this vision of it widening a little bit along the 17th Avenue Corridor. Our application creates an appropriate transition, which is consistent with one of the conservation goals in Miami 21, which is to improve the relationship between the low density residential neighborhoods and the adjacent commercial corridors. And my assistant, Nicole Sohn, will elaborate on that goal in a moment when I introduce her. I'd like to mention our collaboration with your staff. We have worked very closely with Mr. Garcia, with Mr. Sergio Garrido, and besides designing our store with all the goals and policies of Miami 21 in mind, we have gone the extra step. In your package -- excuse me -- is a copy of a covenant, a declaration of restrictive covenant, which we have proffered in connection with this application and there's three points that are accomplished by that covenant, and I'd like to just briefly summarize them now. The first one is that the residential parcels will always, in perpetuity, be used for parking only. That assures that the T4-O zoning that is being sought will not only ever be developed, but it'll always remain parking; therefore, not changing or impacting the density in the area. The second thing we've done -- is this on? -- and I'm going to direct you to this elevation -- is, notwithstanding your Code requirements with regards to the landscaping buffer between our property and the first set of homes, we are proposing an eight foot landscape buffer with a six-foot wall along the rear of the property, and that elevation gives you a nice view of -- if you're looking from the Sedano's Store towards the residential -- how we are aiming to mitigate any impacts to the City of Miami Page 160 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 residential neighborhood. I'm going to walk over here again. The last point made by our covenant, which is very important to some of the comments made by the neighbors, has to do with -- help me out. We're losing the (UNINTELLIGIBLE) here. Okay. -- has to do with the delivery trucks and service areas. My -- I'll just put it over here. You guys all see it? Miami 21 requires us to have a completely enclosed service and delivery drive, which will be contained right here on part of the subject property. Not only will it be contained, I've spoken to Mr. Garcia and I've told him that between first reading and second reading, we're also going to be willing and to -- we'll be glad to include in the covenant, if necessary, language or -- language which will assure that we mask -- and I'm happy to defer to Mr. Garcia on other ideas of masking that can be used. But the other thing that we've included in our covenant is that delivery trucks and service trucks will be required to use this driveway. These -- this connection back here, which is the one that impacts the neighborhood to our east will not be available to service or delivery trucks. So these are all things that we've done to try to be sensitive to the neighbors. We're trying to go beyond the call of duty and beyond the Miami 21 requirements, which are already quite significant. Yesterday afternoon, we received an email from Mr. Garrido, asking us for some other -- making additional suggestions of things we might consider. One of them was to substitute a specific -- very sorry their tripods are failing you. One of them is the substituting of certain types of species along the back -- the fishtail palm trees for green or silver buttonwoods. We've indicated we have no problem with that. The other suggestion that was made by Mr. Garrido, which we have no objection to, is the closing of the parking accesses after regular working hours. We have no objection with that. And the third that he's asked for is for the provision of low lighting for safety purposes. And so long as we don't lock ourselves into a situation where we can't comply with Code requirements, we're also willing to work with your staff on that. So three proffered issues: The maintenance of the parking areas to always be parking areas; the eight foot landscape buffer, and the fact that the service drive has to be the top -- north -- on the northern end of the property, that's the service drive that the delivery trucks and service trucks will have to use; and the additional three issues that I mentioned, we are once again amenable to keep working with staff. So, again, the Sedano's family continued to step up and do the right thing to make sure that their -- the City -- that the City is getting what they want. Vice Chair Russell: May I ask a question, please? Mr. Vazquez, hello. Mr. Vazquez: I'm almost done. Vice Chair Russell: I just had a question about what -- the issues you just proffered. Is delivery time an issue; has that been brought up? Commissioner Gort: Yes. Vice Chair Russell: And the noise of reversing trucks you've addressed? Because, I'm sorry, I didn't hear it in that -- in those lists. Mr. Vazquez: It has not been brought up, but we're happy to work -- again, if that's a seventh issue -- that we'd be delighted to include and work with something that works for the Commission, we're -- Commissioner Gort: No, you got to work with the residents. My understanding is -- and this is happening in other areas -- you have 4 o'clock -- you can control your delivering time. Mr. Vazquez: Absolutely. We can absolutely do that. I'm delighted to -- City of Miami Page 161 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Gort: Because my understanding is -- Mr. Vazquez: -- address that point now and -- Commissioner Gort: -- someone made a statement that they cannot control it -- Unidentified Speaker: They can't control it. Commissioner Gort: -- from the community. Mr. Vazquez: I don't -- I -- honestly -- Commissioner, with all due respect, first of all, they're out of order. Chair Hardemon: Sir. Mr. Vazquez: They're -- I've had people that went home because a statement was made that no more public comment was going to be allowed. And so it's not fair not only that they got the second chance, but now, there's -- I think that they should be barred from any further comment. But -- Commissioner Gort: No, wait a minute. Mr. Vazquez: -- I want you to know, Mr. Commissioner, that that was said -- Commissioner Gort: This is the people that are going to be affected most. Mr. Vazquez: I understand, Commissioner. Commissioner Gort: They right next door to this. I want to make sure we address their concerns. Mr. Vazquez: But I want you to know that that statement that was made, that we cannot control 4 a.m. deliveries is absolutely false, and we at no time have made such a statement. Commissioner Gort: Okay. Mr. Vazquez: So that's for the record, and let that record be very clear, because we will be delighted to give you language in our covenant regarding hours of operation. And I would be delighted, Mr. Garcia, if you have no problem, between first and second reading with coming up with acceptable times for the Commission. I would be delighted for the Commission to give us some direction so that we can accomplish that in a manner acceptable to you. We can keep -- want me to keep closing -- talking or you want to talk about that now? Commissioner Gort: Yes. Vice Chair Russell: Go ahead. Commissioner Gort: All right. Mr. Vazquez: Okay. Thank you. What I'd like to do now -- and I've talked to you guys a little bit about -- and we're not going to take much longer here. I've talked to you guys a little bit about how we've made sure in our design process to comply with many of the goals and policies of Miami 21. My associate, Nicole Sohn, is going to highlight a couple of those for you, and then I'll come back up and close this out and finalize it. City of Miami Page 162 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Nicole Sohn: Good evening. Nicole Sohn, also at 1450 Brickell Avenue, Suite 1900. So Javi briefly discussed the transitions that are created with our applications, and I just want to highlight that briefly for you by using this map. So running from the east to the west of our subject property, we would have residential commercial -- I'm sorry -- restricted commercial, low density restricted commercial, and then duplex residential. Similarly, the zoning designations would run from T6-8 to T6 -- to T4 to T3. So that creates the harmonization that the director alluded to earlier with having transitions between the commercial properties and neighboring residential parcels. In addition, Miami 21 speaks to a specific development goal of ensuring that private development contributes to increased infrastructure capacity, and through building, embellishes a pedestrian friendly public realm of highest ambient quality. And a grocery store, like the Sedano's Store at this particular site is not only compatible with the area, but it also encourages walkability among the neighboring residents, and I think that's most evident by taking a look at this image which shows what the store will look like from the main corner here, on 24th and 17th. And as Javi mentioned, at every step along the way with these applications, from design and layout of the store to those specific covenants proffered in our declaration of restrictive covenants, it has always been our intention to be in furtherance of the goals set forth in Miami 21. And I would like to draw your attention to Goals 1, 2, and 3 that are in the future land use goals set forth in LU.1 of the Miami Comprehensive Neighborhood Plan. And those goals include: Protecting and enhancing quality of life in the City's neighborhoods and fostering redevelopment and revitalization of blighted or declining areas, while also promoting and facilitating economic development and the growth of job opportunities in the City. This project in this particular location does exactly that. It's activating a currently vacant corner. It's adding a prominent, modern, state -of - the art Sedano's Supermarket on a -- in -- on a parcel that is currently vacant. It's adding lighting. It's creating a sufficient buffer to the neighboring residential parcels, and it is servicing the needs of the immediate community and the surrounding areas in Allapattah. In addition, one of the guiding principles of Miami 21 is that the design of thoroughfares and buildings should reinforce safe environments. Designs should incorporate principles of crime prevention through economic -- I'm sorry -- through environmental design, and that's referred to as the CPTED, which emphasizes that lighting and landscape, and maintenance ofproperty plays an important role in crime prevention. That is exactly what this project seeks to do by activating this corner that's, again, currently vacant and the site of some not so welcomed activity. Additionally, the development of this project will be an economic driver, producing approximately 120 direct jobs, not including the indirect jobs that will also be associated with the Sedano's Supermarket, while generating higher property taxes; and, of course, sales tax revenue, once built and fully operating. The project will continue the revitalization along 17th Avenue and in the Allapattah area as a whole. And it's also worth noting that Sedano's has every intention of giving a first option for employment to neighbors within the immediate vicinity of the store. So not only is this application consistent with the Code and the policies set forth in Miami 21, but it is also consistent with some very similar applications that have come before this Commission, with the most recent being last year, in 2015, the approval of the Abreu Development application, which is regarding the property at 1729 Northwest 18th Street, where there's a similar situation with a T3 parcel being converted to T4, in order to allow parking to support a neighboring commercial project. And now, I am going to turn this back to Javi to wrap up our presentation. Thank you very much. Mr. Vazquez: Thank you, Nicole. And what -- I'd like to just reiterate one thing she said, which is Sedano's policy always to reach out to the community that they're coming into by offering first employment opportunities to the residents of the community, and we have every intention of doing that in Allapattah, as well. So I City of Miami Page 163 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 would like to just summarize in closing. You heard your director tell you how this thing has come along from a Planning recommendation. Commissioners, if I may, through the Chair, I've spoken to my client and the -- on the morning side of deliveries and service vehicles, we can commit by covenant and finalize the acceptable language to 7 a.m. to where no deliveries would be delivered before that time. And I'll be delighted to work with the director with language that's acceptable in that regard. So having said that, I would like -- I'm sorry, Commissioner, did you have something to say or do you want me to close? Commissioner Gort: Yeah. My understanding is you had -- all the Sedano's don't look as good. I think at least you can show the design that you're proposing for that area. Mr. Vazquez: Okay. What I will do is I will ask our architect, Octavio Santurio, to come up and talk to you a little bit about some of the design elements that he has incorporated into the application, into the plan. Octavio Santurio: Good evening, Commissioners. (UNINTELLIGIBLE) for -- Mr. Vazquez: Is that on? Chair Hardemon: Can you switch your mike on? Flip it up. Mr. Santurio: -- giving me this opportunity to come forward. We took very well care of the site itself when initially designing this project. Todd B. Hannon (City Clerk): Chair, I'm sorry. Can we get the speaker's name? Chair Hardemon: Can you state your --? Commissioner Gort: Name and address. Mr. Santurio: Sorry. Octavio Santurio, 6262 Southwest 40th Street, Suite 3, South Miami, Florida. The -- there's a traffic light here on 24th and 17th, so we felt that the traffic and Miami 21's goal is to have pedestrian flow. So literally, the placement of the building itself was right out front in 17th Street [sic]. The delineated lots that you see out here are the properties in question, to provide additional parking to support this size of the building. Normally, the Code calls three parking spaces per a thousand square feet. We're at 4.5 parking spaces per feet in order for those -- because we really need -- we know that the grocery store commands a lot of visitors coming into the stores and tenants. I would also like to emphasize that we do -- thanks to Miami 21, our delivery areas are enclosed in order for them to not -- because that's usually the bad looking area of the stores, as you see in other pictures. Those are past stores, and in conditions of an existing shopping center that we had no other alternative to move it to. This is a great opportunity for us to create a brand-new building with a brand-new type of store to enhance the neighborhood. We -- I took a lot of care in the landscaping to provide a buffer for the neighboring [sic] in order for not to be obstructing as far as traffic is concerned. I know that sometimes, you might have a -- let's say the store is not open. You might have a delivery. Well, there's an empty parking lot that they don't need to park nowhere else. They could park here in case they need to wait for the store to open. So I think that's beneficial of having like off-street -- on -- off-street parking in this area, because it accommodates the parking. They don't need to park out here. They have a great parking lot before the store opens, because sometimes, that happens in a lot of the businesses where you have some deliveries coming from somewhere else. And we also took care of the trash. The trash is not adjacent to any neighbors. It's in the same enclosed area. City of Miami Page 164 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: May I ask you a quick question? Mr. Santurio: Sure. Chair Hardemon: The property where you have the parking and the delivery, all of that is considered --? Mr. Santurio: Commercial. It's a commercial. Chair Hardemon: No, no, no. All of that, is that 10,000 square feet or a little less than 10,000 square feet? Mr. Santurio: Which one? Chair Hardemon: So the property that you're touching, that you're pointing towards right now -- Mr. Santurio: This right here. Chair Hardemon: -- is the delivery area, and then everything that's south -- I mean that's down from there and to the left? Mr. Santurio: Right. Chair Hardemon: Because I'm -- the reason I'm asking this is because I'm looking at the Sedano's Market, the actual buildout for the building. It says 30,000 -- Mr. Santurio: The building itself. This is the building. Chair Hardemon: -- 532 square feet. But the lot is -- and how large is the lot? Mr. Santurio: Over two acres. Mr. Vazquez: Over 80,000, so -- Mr. Santurio: It's 84,000 -- Mr. Vazquez: -- the percentage is 36 percent. Chair Hardemon: Okay. I was misunderstanding about the size of the lot. Mr. Santurio: Yes. No, no, it's a little bit over two acres. Also, on the -- I want to point out the buffer. I think the buffer was what really wanted to prevent neighboring -- any vision or actually any type of obstruction from a grocery store. So we created a buffer of buttonwood -- silver buttonwood trees, four foot on center, 12 foot high at time of planting. Also, the parking lot, we took care of the lighting to prevent any activities that would go on and say -- actually, safety in mind. Vice Chair Russell: May I ask a question really quick? Mr. Santurio: Yeah, go ahead. Vice Chair Russell: I -- was it fishtail palms or buttonwoods? Mr. Santurio: Before, we had fishtail palms, but the -- Zoning requested if we could change it to either green or silver buttonwood, and we complied. City of Miami Page 165 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Vazquez: And they specifically want a height of 12 feet with a diameter of -- Mr. Santurio: Of two-inch calibers. Mr. Vazquez: -- two inch, right. Mr. Santurio: So, you know, we worked closely with staff through the whole initial design of the project. As you can see, we are motivated by pedestrian walkways. We have, you know, open canopies there for -- and it's right on a corner that's not going to create like a lot of transition of a lot of obstructions. Actually, it will be clean in and clean out. We have actually two points of entries; one from the actual street to accommodate pedestrian and one for the parking, the vehicular person that comes in cars that could just go in. So all of this is a transition between the two entrances. Any questions? Mr. Vazquez: I will -- I'm sorry. I didn't have a question. Let me just -- go ahead. Vice Chair Russell: Are there three main entrances? There's two on the street side and then one from the parking lot, or how is it -- how does it work? Mr. Santurio: There's two entrances: One to accommodate the pedestrian, the people that actually walk, because we noticed that there's a lot of walking traffic in that area. So we have a main entrance here, which is -- Vice Chair Russell: Got it. So there's no entrance on the -- it looks like -- Mr. Santurio: Not at all. This -- Vice Chair Russell: Got it. Go ahead. Mr. Santurio: -- and then the other one is here, as the people walk in, they can just come in, don't -- you know, if you drive, you don't have to go all the way around to get to the entrance, so we have a nice glass corridor here in the front. Vice Chair Russell: Got it. Thank you. Mr. Santurio: You're welcome. Mr. Vazquez: And I know you're going to have questions, so I'm going to close with one last thought. This aerial shows you the subject property, including the two homes. It shows you the park across the street, shows you how this area has a mix of uses, and this depth that you -- the director spoke about as to why it's making sense for you to have a T6-8 to a T4 to a T3-L is what he intends, I believe, to bring to this Commission for a corridor like 17th Avenue, which is why, I believe, his position today is very different than when we started this application process. So with that, I will respectfully close. I will ask for time for rebuttal, if needed, Mr. Chairman, and I would urge this Commission to approve this application today. Chair Hardemon: Thank you very much. Any discussion from the Commission? Commissioner Gort: Let me tell you, the -- it's important that this takes two reading. I will move it on the first reading, but I want to make sure you get together with the neighbors that directly affected, which they are next door to, and that you have the ability to sit down with them and whatever improvement you can recommend will take place. Now, there's something called "covenant," but I want him to explain to you how does a covenant works. A covenant promises to do certain things. And City of Miami Page 166 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 there's not going to be any 4 o'clock delivery, that's for sure. And there's not going to be anything -- and they going to have to park within there. Now, my motion is going to be move it in the first reading, and it's got to come back to us in the second reading -- Commissioner Suarez: Second. Commissioner Gort: -- but I want you to meet with these neighbors -- Commissioner Suarez: Second. Commissioner Gort: -- and sit down with them -- Commissioner Suarez: Second. Commissioner Gort: -- and because they're going to be your next door neighbors if this passes. Commissioner Suarez: Discussion. Commissioner Gort: Okay? Commissioner Carollo: Second. Discussion. Chair Hardemon: Been properly moved and seconded. Further discussion. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I want to say that, you know, I think we've all grown up, those that are natives of Miami and those that have actually come from other places here in Miami, we all know the Sedano's name and their reputation. You know, it's extremely well. And I see -- I really believe that there's no reason why they would tarnish that reputation. I think they will actually do a very good job. However, at the same time, I feel that there needs to be more communications with the residents. One point that I'd like to make is that a lot of the residents that came did not really speak English, so I don't know, really, how much of this they actually understood. And especially Sedano's, which is known, you know, as a Latin chain, I think, really, you need to reach out to a lot of those residents; that I really do think they came in good faith, because they really are concerned. You know, I really do believe they're concerned. And, listen, do the right thing. I think you could reach out and really explain it to them; not necessarily here, in English, and more formal, but informally and really reach out. There's a lot of issues that they've brought up. I think they're valid issues. You know, some of those issues, I've heard it in other areas, also, you know. But at the same time, I want to make sure, you know, that they understand that this is just on first reading; there will be a second reading. And between first and second reading, I think it gives you an excellent opportunity to really, you know, speak with them and really hear them out and have them understand the different ways that you're addressing their issues, so that their issues will not be issues anymore. Commissioner Gort: Let me add another things that the neighbors might not be aware of it. I live two blocks from there. I live two blocks from there. I've lived there for 53 years, so this -- I go through that street all the time, and I use the gas station on the corner. So I know that neighborhood very well, and I know a lot of the problems that are taking place in that neighborhood. I've seen with -- a lot of the houses, they're rented out to people, and they make all kinds of people living in there, especially the one on the corner right now on 14th Avenue and 23rd Street. This is something we need to take care of it. Now, I also get waken up -- and I been City of Miami Page 167 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 working on this for the last two years -- by a train whistle at 4 in the morning. That's what really works me up. I don't know if it gets you, it affects you all. You don't get the train whistle at 4 in the morning? Unidentified Speaker: Well, you know not the train, but just the horn, the trucks. Commissioner Gort: It's just -- no, I understand. But the trucks are not going to be there at 4 in the morning, I can assure you of that. So I want you -- they're going to sit down with you -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Gort: -- and you tell -- well, this is a different ballgame right now. They have certain thing called "a covenant." You got to explain to them what a covenant stands for and what you can do. Mr. Vazquez: And Mr. Chair -- Commissioner Gort: Are you sure this is a direct information? Mr. Vazquez: -- let me address that to you, because I want to make sure I leave this Commission -- especially you, as Commissioner of the district and Commissioner Carollo, who raised the issue -- with one very clear statement: There has been a tremendous, a significant outreach process throughout the entire application process. I think our submittal of 250 -- 260 signatures is evidence of that. As the gentleman indicated, we have met with them, and I assure this Commission, as per your instruction, that we are going to meet with them again and make sure that beyond what we've already spoken about that we explain to them, like you said, Commissioner Gort, what a declaration of restrictions is and what we are proffering. Commissioner Carollo: Mr. Chair. Commissioner Gort: Somehow, they got different information. So Mr. Vazquez: I'm sorry? Aldo Bugallo, Jr.: That proposal is 32,000 square feet of building, right? 32,000 square feet of building and -- what? -- 10,000 square feet of parking? Mr. Vazquez: Commissioner -- Mr. Hannon: Chair -- Chair Hardemon: Time out. Mr. Bugallo, Jr.: Sorry. Sorry. Chair Hardemon: There are too many people speaking, all right? Mr. Bugallo, Jr.: Sure. Chair Hardemon: First, put your name on the record, sir, so that we know who the comment came from. Mr. Bugallo, Jr.: Aldo Bugallo, Jr. And -- City of Miami Page 168 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: And before you make your comment, I want to make it very clear, one person speaks at a time. There's no way that the court report -- our staff can actually record everything that everyone is saying and translate it -- or transcribe it, rather -- if everyone is speaking over each other, okay? You have to be acknowledged to speak. So no further standing up and speaking out of turn. All right? Right now, there's a motion and there's a second on the floor to approve the item so it can move towards second hearing. At this -- between the first and second hearing, there'll be an opportunity for everyone to hash out the details of your differences. I'll allow you to make the point that you're going to make, and I'm asking that, you know, you respectfully have a seat so we could finish our discussion to make our decision. You're recognized, sir. Mr. Bugallo, Jr.: Thank you very much, Chairman. See, they mentioned 32,000 square feet -- right? -- building and 10,000 square feet of parking? Commissioner Carollo: Mr. Chairman. Chair Hardemon: That's what I assumed. That's what I understood it to be -- Commissioner Carollo: Right. Chair Hardemon: -- because I -- for some reason, I remember there being a talk about 40,000 or 50,000 square feet. Commissioner Carollo: And if I may, Mr. Chairman? Chair Hardemon: Yes. Mr. Bugallo, Jr.: That's -- sorry. Chair Hardemon: One second. Commissioner Carollo: Could you please, for the record, say how much square foot you're actually having for parking? And -- Mr. Vazquez: I can certainly address it. Commissioner Carollo: -- if I may, Mr. Director, just so you know, and I don't get you caught off guard, after he explains that, I'm going to be asking the question of "Do you feel that's sufficient parking for a retail of this size and so forth?" Mr. Vazquez: Right. Commissioner Carollo: So that's where I'm going -- that's where I'm heading with this. Mr. Vazquez: Thank you, Commissioner Carollo. And I'd like to mention for the record that Mr. Bugallo -- am I saying it right? Mr. Bugallo made a comment during public comment section when he also spoke that he would like to see a 33 percent ratio. Our ratio is 36 percent, so it's very, very close for exactly what he asked for. So it's a 32- -- a 30,000-square foot store on a little bit over 80,000 square feet of a property, so we're at 36 percent. And to your point about parking, but for this park -- the amount of parking, you would be getting exactly that spillover effect into the residential neighborhood that we all (UNINTELLIGIBLE) with. Commissioner Carollo: What's the square footage of the parking area? City of Miami Page 169 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Vazquez: Octavio, can you help me with the square footages, please? Mr. Santurio: Sure. I'd also like to point out that Miami 21 allows 80 percent lot coverage. We're at 36. The rest is landscaping. Mr. Vazquez: He's asking (UNINTELLIGIBLE). Mr. Santurio: Our building is 30,000 square foot. Our loading area is 9,000, 10,000 square foot, so that's 40. So we have about 45,000 square foot for the parking. Commissioner Carollo: Mr. Director, now my question: Do you feel that is sufficient parking for a retail of that size and during peak hours? Mr. Garcia: Thank you for the question, sir. Two, perhaps three statements, with your indulgence; I'll make them brief. The first, of course, is that the project itself is not before you for consideration today. That will go through its own review process for compliance with all the applicable regulations, so that has to be said. This zoning is not contingent on the project, and the project is not contingent on the zoning. That has to be stated clearly. In response directly to your question, if a project along these lines were to be presented, they would have to come into compliance with the applicable regulations for parking, and based on their presentations of the size of the proposed retail, roughly, the parking count would be at 80 spaces or so; which, for peak time, I would imagine is quite sufficient. That parking area, that surface parking area will spend most of its time mostly vacant. At peak demand, which is exactly your question that should be sufficient parking. I'm revving down a little bit for the -- I'm sorry -- for the three parking spaces per 1,000- square-foot ratio, because we'll assign some of that to common areas, towards areas which are subject to a different regulation, just to explain, based on your presentation. But the other point, perhaps, for the consideration of everyone here, is that this project, should it be presented in exactly this fashion -- remains to be seen -- would be far from the highest and best use on which that land could be -- to which that land could be placed because what I would like to say -- and I would say this by way of clay Eying my previous comment about harmonizing the commercial corridor with the residential area. By right -- this is important for you to know -- there could be an eight -story building built on that property today. And when I say, "by right," what I mean is they wouldn't have to come to the City Commission, they wouldn't have to come for any approvals. It could simply be built by right. Now, although the zoning is there for that, what you are being presented with today is roughly a two- story -- one-story/two-story building in volume -- right? -- with a significant amount of space between it and the residential area, and with a significant amount of screening, which I think is at least worthy of consideration. What we can do -- and in doing this, I'm simply reiterating what the Commission has said previously -- what there is time and space to do between the first reading and the second reading is for all of us to meet together -- and the Planning & Zoning Department can certainly help facilitate that meeting -- is to figure out what aspect of this proposal might be objectionable, and anticipate what impact that might have on the properties, and try to prevent those through the covenants that have been discussed. So what we would be doing is basically pre-emptively addressing the potential adverse impact, the negative impact that this might have, and placing conditions that give you the assurance that those impacts are going to be basically buffered or mitigated. So I think it's a process worth engaging in, and we're certainly happy to be a part of it, for your consideration. Mr. Vazquez: Thank you. Mr. Chair. Chair Hardemon: Yes. City of Miami Page 170 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Vazquez: As a point of order, I'd like to ask through the Chair for the Commissioner to -- I believe you've moved it, and with the understanding of how you're moving it, sir, I think you've moved the application as it stands before you today, and I'd like to -- if -- with the help of the director -- he already mentioned it once -- but once again, remind this Commission that the store has and will be designed under the T6-8-O standards. So therefore, the approval would be only as it relates to the residential parcels. And Mr. Director, I would ask for your assistance with how the motion should read. Thank you. Mr. Garcia: Right. In that regard, just to clam, the Commission would, if they so choose, the Commission would, as pertains to the second item, which is the zoning -- Commissioner Gort: PZ.13. Mr. Garcia: -- PZ.13 in this case, it would be to deny the rezoning of the front parcel from T6-8-O to T6-8-L, so it would remain T6-8-O; and if the Commission so wishes, approve the rezoning of the rear parcels from what is presently T3-L to T4-L. Chair Hardemon: There's a motion -- Mr. Vazquez: And that would be acceptable to us, yeah. Chair Hardemon: -- does the -- and is that a part of what the motion is right now? Barnaby Min (Deputy City Attorney): That's only for PZ.13. Mr. Vazquez: Yes. Chair Hardemon: Okay. Chair Hardemon: So -- Commissioner Carollo: PZ.12. Chair Hardemon: -- there's a motion on the floor right now for PZ.12. Commissioner Carollo: Right. Chair Hardemon: And we're correct. And that stays as it is. Mr. Vazquez: Yes, sir. Commissioner Gort: That's as is. Chair Hardemon: Is there any further discussion about the matter from the Board? Hearing none, all in favor -- Mr. Min: An ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.12. A roll call was taken, the result of which is stated above. City of Miami Page 171 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.13 ORDINANCE First Reading 1051 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1665 NORTHWEST 24 STREET AND 2401 NORTHWEST 17 AVENUE, MIAMI, FLORIDA, FROM T6-8-O, "URBAN CORE TRANSECT ZONE - OPEN", TO T6-8-L, "URBAN CORE TRANSECT ZONE - LIMITED"; AND THE PROPERTIES LOCATED AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3-L, "SUB- URBAN TRANSECT ZONE - LIMITED", TO T4-L "GENERAL URBAN TRANSECT ZONE - LIMITED", 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: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PZ.13, please see Item PZ.12. Chair Hardemon: Item PZ.13. Commissioner Gort: PZ.13, I move the -- Commissioner Suarez: Second. Commissioner Gort: -- zoning on the back lots but not in the front lot. Unidentified Speaker: Okay. Commissioner Gort: Not in the front lot. Commissioner Carollo: Second, as stated by Director Garcia. Chair Hardemon: Which is in accordance with the motion on the floor. Barnaby Min (Deputy City Attorney): Right. So, for clarification, the T6-8-O request to down -zone to T6-8-L will be denied. The T3-L request to up -zone to T4-L will be granted. There was also a discussion during the hearings, ifI recall, that Mr. Vazquez was going to propose amending or -- and adding additional proffers to the covenant. Javier Vazquez: That is correct. With -- I would suggest it'll be with our acceptance of the proffered covenant. Commissioner Gort: And I'm sure there'll be additional -- City of Miami Page 172 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Vazquez: Absolutely. Commissioner Gort: -- requests that's going to be from the neighbors that's going to be part of it. Mr. Vazquez: And that'll be on us to come back and -- to this board and meet with your desires. Commissioner Gort: Yes. Commissioner Suarez: Can I just say one thing? Aldo Bugallo, Jr.: So you guys changed the residential to commercial? Chair Hardemon: No. Mr. Bugallo, Jr.: To commercial? Chair Hardemon: Nothing's changed right now. Commissioner Suarez: No, no, no, nothing's changed. Chair Hardemon: Nothing's changed. Commissioner Suarez: Everything takes two opportunities, so this is just like kind of a baby step, if you will. But it's also an opportunity for them to reach out to you and deal with the issues that you have properly brought on the application. But I just wanted to re -- maybe rephrase or restate, right now, they can, without asking us for any permission, without even coming before us, they can build an eight -story building on that lot. Mr. Bugallo, Jr.: We prefer a eight -story building and have normal residents in our area, rather than a commercial business -- Commissioner Suarez: I get it. Mr. Bugallo, Jr.: -- which is going to bring an enormous amount of traffic, an enormous amount of -- Commissioner Suarez: I get it. I just wanted to make that clear that they can do that. Mr. Bugallo, Jr.: Yeah. We prefer a building. They want to invest in a building, fine, perfectly, no problem. Commissioner Suarez: Got you. Chair Hardemon: Okay. Commissioner Suarez: We got it. Mr. Bugallo, Jr.: I'd rather have neighbors, normal people that live, that want peace and quiet, rather than have a commercial business -- Commissioner Suarez: I got it. Mr. Bugallo, Jr.: -- in front of my house. City of Miami Page 173 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Understood, sir. Commissioner Suarez: I got it. I got it. Chair Hardemon: Thank you very much. Francisco Garcia (Director, Planning & Zoning): For clarification purposes only, and I understand their concerns, and I understand that we will be meeting, hopefully soon again, to discuss this further, but that eight -story building could not only be residential, but it could also be commercial. So you would end up essentially with a more compact eight -story commercial building, still with loading docks, still with traffic, still with parking needed, and now with a great intrusion in your back yards in the residential area. I'm only asking you to consider it at this point in time, and then what I would ask you to do is to consider coming and meeting with us -- they will be there, as well -- and trying to work out a plan that satisfies your concerns, which have been duly noted. Mr. Bugallo, Jr.: Will they be noting the community? Commissioner Gort: Oh, yeah. We're going to make -- Mr. Garcia: You'll be informed. Commissioner Gort: -- sure they get together with you; that, we're going to make sure, and the Planning Department, because we want you to see what they can build right now, without coming here, and you'd be surprised how much the difference can affect a change in that. Okay? Chair Hardemon: Seeing no further -- Commissioner Gort: Thank you. Chair Hardemon: -- discussion from the Board Members. Mr. Min: Thank you. The legislation should be amended as follows: The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ.13. A roll call was taken, the result of which is stated above. Mr. Hannon, the ordinance passes on first reading, as amended, 5-0. Mr. Vazquez: When is the second reading, may I ask, sir? Commissioner Carollo: November 17. Mr. Min: Yes, sir. Mr. Vazquez: Thank you. Chair Hardemon: Thank you very much. Mr. Bugallo, Jr.: Thank you very much. City of Miami Page 174 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: Okay. Commissioner Gort: By the way, the -- you got a whole list of these individual. Make sure you have the phone numbers, addresses, and get in touch with them. Mr. Vazquez: We already have them. Chair Hardemon: All right. So, Commissioners, we understand that we do have a -- Vice Chair Russell: Shade meeting. Chair Hardemon: -- shade meeting and a -- Mr. Min: Executive session. Chair Hardemon: -- executive session. Mr. Min: Yes. PZ.14 ORDINANCE First Reading 1052 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 5434 NORTHEAST MIAMI COURT AND 3 NORTHEAST 54 STREET MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Item -- Vice Chair Russell: PZ.8. Chair Hardemon: -- PZ.8 was continued. Vice Chair Russell: Oh, it was? Francisco Garcia (Director, Planning & Zoning): PZ.14, I believe, is the next one. Chair Hardemon: It would be PZ.14. City of Miami Page 175 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Garcia: Yes, sir. Thank you. PZ.14 and PZ.15 are companion items. They are before you on first reading, and they involve the land use and zoning change for properties at 5434 Northeast Miami Court and 3 Northeast 54th Street. The proposed zoning change is from T4-R, which it is presently, to T5-O, which is proposed. Your Planning & Zoning Department recommends approval, as did the Planning, Zoning & Appeals Board; the predominant reason being that this is a unified parcel which is split -zoned, and the change in zoning from T4-R to T5-O of the northern portion would not create a very destructive zoning pattern. I'm happy to elaborate, but I'll yield to the applicant. Chair Hardemon: You're recognized, sir. Ben Fernandez: Good afternoon, Mr. Chair, Commissioners. Ben Fernandez, once again; 200 South Biscayne Boulevard, here on behalf of the applicant. Like the former application, this is an application that has favorable support from your department. It also received a favorable recommendation from your Planning, Zoning & Appeals Board. It is an -- a block that is not a standard block, and this is a remnant piece that should be, as your department has indicated, zoned consistently with the remainder of the block. There's also a portion of the Dollar Store that is on this property that is nonconforming with your zoning atlas, and this would bring it into conformity with the zoning atlas. So I'm prepared to make a full presentation, but I would ask for your approval, if possible. Thank you. Chair Hardemon: I have a question for you. Mr. Fernandez: Yes. Chair Hardemon: The property that we're speaking of is that owned by the person who owns the adjacent property that's closest to the avenue? Mr. Fernandez: No. They're two separate owners. Chair Hardemon: Okay. Mr. Fernandez: They've combined to bring this application together, need to fix their problem where they're nonconforming, and the other like to make his property consistent with the rest of the block. Chair Hardemon: And the parcel that we're describing right now, dwelling that is on it? Mr. Fernandez: No. It is vacant. Chair Hardemon: And has there -- before your -- Mr. Fernandez: No. Chair Hardemon: -- before you owned it, your -- because they owner would is there any Mr. Fernandez: Never been one that we're aware of on the property. It's been vacant as long as we can determine. Chair Hardemon: So this isn't a property where there was a home that was there and that was destroyed or -- Mr. Fernandez: No. City of Miami Page 176 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Chair Hardemon: -- demolished to -- for this application? Mr. Fernandez: Absolutely not. Chair Hardemon: Okay. And -- all right. So for first reading, I would like to entertain a motion to accept PZ.14. Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Any further unreadiness? Hearing none, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Mr. Fernandez: Thank you very much. PZ.15 ORDINANCE First Reading 1053 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-O, "URBAN CENTER ZONE -OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5434 NORTHEAST MIAMI COURT, AND 3 NORTHEAST 54 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PZ.15, please see Item PZ.14. Chair Hardemon: I would like to entertain a motion to approve PZ.15. Commissioner Carollo: Move. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing none. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 177 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Todd B. Hannon (City Clerk): Roll call on item PZ.15. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.16 ORDINANCE Second Reading 1127 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS TO MODIFY REGULATIONS RELATED TO THE NORTH MIAMI AVENUE SETBACK, ON -STREET LOADING, PARKING STANDARDS, CROSS - BLOCK PASSAGES, STREET TREE PUBLIC BENEFIT CONTRIBUTION REQUIREMENTS, NOTICE REQUIREMENTS, AND TO REFORMAT THE ORGANIZATION OF THE REGULATIONS; CONTAINING THE REGULATIONS SET FORTH THEREIN; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13642 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.16. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.16 is a proposed amendment to the Miami Zoning Ordinance, Miami 21. This is to amend portions of the zoning designation of NRD-1, which is applied in Wynwood, and this is basically to reformat and clam, as well, some of the tenets within that zoning designation. I'll highlight a couple for your consideration. I'm happy to elaborate further as needed. It has to do with requiring the provision of cross -block pedestrian passages at certain intervals in T6, setting a price for street tree contributions, clarifying the street loading standards, et cetera. Again, happy to elaborate. You will recall that we had asked for a continuance the last time around to make some additional formatting changes, so that -- those have been accomplished and we expect that this will be the final version of the NRD-1 District; happy to answer any questions you may have. Our recommendation is for approval, as was the recommendation of the Planning, Zoning & Appeals Board. Chair Hardemon: The Chair would like to entertain a motion to approve. Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded. Any further discussion on the item? Hearing none, all in favor, say "aye." City of Miami Page 178 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Carollo: Aye. Todd B. Hannon (City Clerk): Chair, it's -- Ms. Mendez: An ordinance of the Miami City Commission -- Chair Hardemon: She has to read it into the record. I apologize. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.16. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. PZ.17 ORDINANCE First Reading 1177 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD DEFINITIONS FOR AFFORDABLE HOUSING, ATTAINABLE MIXED - INCOME HOUSING, EXTREMELY LOW INCOME HOUSING, AND WORKFORCE HOUSING; AND BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO ADD INCENTIVES, INCLUDING DENSITY BONUSES, FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW 140 PERCENT OF AREA MEDIAN INCOME, AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.17. Francisco Garcia (Director, Planning & Zoning): Thank you, Commissioner. PZ.17 is also an amendment to Miami 21, the Zoning Ordinance, before you on first reading. I'll mention briefly by way of introduction that it is before you on an abridged timeline by virtue of the sponsorship of Commissioner Carollo in District 3, and I would like to defer to Commissioner Carollo, should he care to make some introductory remarks. Commissioner Carollo: Yeah. Mr. Garcia, thank you. I will let you present, but I just want to make some brief remarks. In essence, this is an ordinance that addresses the issue in the three categories of housing that we so desperately need in City of Miami Page 179 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 the City of Miami, which is workforce housing, affordable housing and ELI, which is low -- extremely low-income housing. This ordinance creates a new attainable mixed -income category that incorporates all three into a single project, and it enable developers to obtain additional incentives. For example, in the ELI, which is 30 percent AMI (area median income) or below, it allows for additional units of density. And if you see, we had a lot of incentives for affordable housing, but when we talk about workforce housing or extremely low-income housing, we really do not have sufficient, and this actually addresses those issues. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded; motion by Commissioner Carollo. Vice Chair, you want to say something now? Vice Chair Russell: Yes. I just wanted to thank you, because I felt really what was lacking was a further incentive to go deeper into the affordability. We had incentives, but it was to just get your foot in the door, and this really solves that issue. I love the idea that they get more for going further into extremely low-income housing, which is what is needed so much. Thank you. Commissioner Suarez: Chair, ifI may also chime in? Chair Hardemon: Yes. Commissioner Suarez: Yeah, I agree. I think what we have to keep doing is finding non -economic, if you will, entitlement incentives that we can figure out so that we can continue to expand our ability or developers' ability to provide this kind of housing. This is the number one -- Commissioner Carollo: Yes. Commissioner Suarez: -- needs that we have in the City, and it piggybacks on a couple things that I did with affordable housing and workforce housing, and so I'm very much in favor. Commissioner Gort: But my understanding, the incentive is also for workforce. Commissioner Carollo: Yes. Commissioner Gort: That's very important. Commissioner Carollo: It deals with -- yes. I -- Commissioner Gort: Because that's the median left behind, always. Commissioner Carollo: Exactly. So ELI, extremely -low income and workforce are the two that is left behind, up to 140 percent of AMI, or 30 percent and below for ELI. So we address all three categories in this. Chair Hardemon: Mr. Francisco -- or Madam City Attorney, you want to present it into the record first? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.17. A roll call was taken, the result of which is stated above. City of Miami Page 180 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.18 1128 Department of Planning and Zoning Mr. Hannon: The ordinance passes on first reading, 5-0. Commissioner Suarez: Mr. Chair, just to be clear -- Ms. Mendez: Commissioner Carollo, on this item PZ.17, since we have to bring other land use to catch up with it, when would you like for this to be on? Can it be in December? Commissioner Carollo: I'll yield to Mr. Garcia, but -- I would want it as soon as possible, but I'll yield to Mr. Garcia. Mr. Garcia: Understood, sir, and we're certainly moving at an expedited basis. We are very much aware of the need that is attached to this particular ordinance. What the City Attorney is making reference to is the fact that the Comprehensive Neighborhood Plan of the City of Miami will have to be slightly amended to introduce this vehicle. That has to be vetted by the Department of Economic Opportunity, the DEO, in Tallahassee. We are working with them as we speak to craft that legislation, and well expedite it through. We expect that in approximately 45 days, we'll have their comments back and approval; and then, we will proceed through the public hearing process, and bring it back to the City Commission. We expect by January; no later than that. Commissioner Carollo: Do you think it's possible to make the December 8 meeting? Mr. Garcia: If it is possible, I guarantee that we will do it by then. Commissioner Carollo: Thank you. Chair Hardemon: Our dear Commissioner from District 4. Commissioner Suarez: No, I -- that's what I was going to say. Chair Hardemon: Okay, great. Commissioner Suarez: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 0.15± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 1197 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA FROM "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13643 City of Miami Page 181 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.18. Commissioner Suarez: Then we're going to skip 16. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.18 -- Chair Hardemon: (UNINTELLIGIBLE) time certain. Commissioner Suarez: Oh, got it. Mr. Garcia: -- and PZ.19 are companion items. They are the second reading before you for the land use and zoning change for a parcel at 1197 Southwest 19th Avenue in Shenandoah, and this is to take a single-family residential property and convert it into a neighborhood park; recommended for approval by your Planning & Zoning Department and the Planning, Zoning & Appeals Board. Commissioner Suarez: Move it. Commissioner Carollo: Second. Commissioner Suarez: Slight discussion, really, really. Chair Hardemon: Properly moved and seconded. Commissioner. Commissioner Suarez: Just to reiterate that, you know, I think this is the wave [sic] of the future. You know, I think what we're going to be doing now, unless we have -- we have a couple of opportunities to get big parcels, but everything else is going to be acquisitions like this, to make our neighborhoods stronger. Chair Hardemon: Any further discussion? Hearing none, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.18. A roll call was taken, the result of which is stated above. The ordinance passes on second reading, 5-0. City of Miami Page 182 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.19 ORDINANCE Second Reading 1129 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-R, "SUB -URBAN TRANSECT ZONE - RESTRICTED", TO CS, "CIVIC SPACE ZONE", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1197 SOUTHWEST 19 AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13644 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PZ.19, please see Item PZ.I8. Chair Hardemon: PZ.19. Madam City Attorney, can you read the title into the record? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Okay. Is there a motion to approve? Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, Madam City -- Mr. Clerk. Sorry. Todd B. Hannon (City Clerk): Roll call on PZ.19; making sure my mike is working. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. City of Miami Page 183 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.20 ORDINANCE First Reading 1034 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") OF THE CITY OF MIAMI ("CITY"), BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S MCNP AS REQUIRED BY FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, ENTITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN", TO INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS AND UPDATING THE MCNP BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT IN 2005; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Caroilo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.20. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.20 is before you on first reading. This is the valuation and appraisal review of the Comprehensive Neighborhood Plan of the City of Miami. This involves -- and I understand your respective offices, as well as perhaps yourselves have been briefed on the subject matter. This involves basically the cyclical cleanup and revisions made to our Comprehensive Neighborhood Plan to introduce in this particular instance issues such as global warming and sea level rise. If you'd like, for purposes of expediting the hearing, it is before you on first reading, and it will have to go to Tallahassee for review by the DEO (Department of Economic Opportunity), and for comments. That period of time is approximately 60 days. We are certainly ready to make a full presentation at present if you would prefer to pass it on first and hear it again -- sorry -- hear it again post -review by Tallahassee. We expect few comments -- we've been speaking with them -- but there may be some. It is certainly your discretion. We're ready to go for full presentation, as you see fit. Commissioner Suarez: Move it. Chair Hardemon: It's been properly moved. Commissioner Carollo: Second. Vice Chair Russell: Second for discussion. Chair Hardemon: And seconded by the Vice Chairman for discussion. It is discussion. City of Miami Page 184 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: What is -- where is the section on sea level rise that you referred to, please? Mr. Garcia: I would like to introduce my colleagues, Jacqueline Ellis and Ryan Shedd, who have both been working diligently on this item. Jacqueline Ellis: Good evening. I'm Jacqueline Ellis of the Planning & Zoning Department. The sea level rise -- I'm going to introduce my colleague, Ryan Shedd, who had a little bit more work with the Sea Level Rise Committee. Ryan Shedd: Good afternoon. So -- Chair Hardemon: Can you state your name for the record, please? Mr. Shedd: Sorry. Ryan Shedd, with the City of Miami Planning Department. The - - a lot of the work that we've incorporated in this -- to the Miami Comprehensive Neighborhood Plan concerning climate change and sea level rise came before this process. It was part of the water facility -- water supply facility update that we adopted from the County's plan in 2015, and so there's a couple -- there are a couple references from State Statutes, but most of that came with the Water Supply Plan update in 2015 that are -- it's part of an appendix to the Comprehensive Plan. Vice Chair Russell: Where can we find it in there? Mr. Shedd: The full appendix is not going to be part of that, because it's not part of this amendment process. There's a few amendments that were inserted through that process to the other elements, so you'll see them, but they're already part of the adopted plan. Vice Chair Russell: Thank you. Yeah, I would like to work with staff on the sea level rise section of the -- Mr. Shedd: Absolutely. Vice Chair Russell: (UNINTELLIGIBLE) robust. Chair Hardemon: Any further discussion? Mr. Garcia: Yes. If I may, I have one brief additional comment to make. Before the hearing at the Planning, Zoning & Appeals Board for this particular item and prior to coming to you, there was language that I wanted to clam and place on the record that should also be included as part of this amendment for further consideration, and it has to do with an amendment that Tallahassee has requested to our Major Institutional, Public Facilities, Transportation, and Utilities, Land Use classification. I'll read it briefly. It says as follows: "General commercial activities intended to serve the general needs of the public may be permissible on properties operated primarily by a governmental or civic entity in suitable locations, subject to the detailed provisions of the land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements." Again, it may sound very technical, but it is simply to further clarify that commercial uses and residential uses can co -- I'm sorry -- commercial uses -- not residential uses -- can be placed on Major Institutional, Public Facilities, Transportation, Utilities, Land Use designations. Thank you for your patience. Chair Hardemon: Commissioner Gort. City of Miami Page 185 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.21 1130 Department of Planning and Zoning Commissioner Gort: I'll tell you, I had a meeting with them, and I think it's very important that we all meet, you know, with this planning that they're putting together and give our input, because it's going to be very important, the changes that are going to have to be made. Chair Hardemon: Any further discussion? Seeing none, all in favor -- The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.20. A roll call was taken, the result of which is stated above. The ordinance passes on first reading, as amended, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AFFIRMING THE ZONING ADMINISTRATOR'S REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICATE OF USE NO. 1504-000862 FOR THE PROPERTY LOCATED AT APPROXIMATELY 2321 SOUTHWEST 16TH AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MIAMI, FLORIDA. ENACTMENT NUMBER: R-16-0499 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.21. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.21 is a resolution before you which consists of an appeal of a certificate of use revocation for a certificate of use issued for a property at 2321-2323 Southwest 16th Avenue. I'll state briefly the essence of the case, and I'll yield to the appellant. I will remind you that this matter was heard by the Planning, Zoning & Appeals Board, which is the first board of competent challenge for a certificate of use revocation. The Planning, Zoning & Appeals Board affirmed the decision of the Planning & Zoning Department to revoke the certificate of use. The subject matter is as follows, and the Zoning administrator is here, as well, to provide testimony, as appropriate. The subject matter is this: The subject property has, we believe, still presently, a third unit, which was built without the benefit of permits. There are, admittedly, permits on record that account for electrical work being done at the property, but at no time was the property allowed to have a third unit, nor could it have been allowed to have a third unit, by virtue of its zoning. The zoning for the property is duplex of T3-O presently, and has historically been exclusively that. At no point in time in the history of the property has it been zoned to allow for a third unit. The certificate of use was granted in error to the property owner. Upon learning that it had been granted in error, we immediately revoked the certificate of use, and the owner or his representative or her representative are here today to state their case. We will defer City of Miami Page 186 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 to them or to you, Commissioners, and stand by to address any questions you may have. Thank you. Chair Hardemon: One quick question. Was there anything that was built on the property during the time that you granted them the status in error? Mr. Garcia: We don't believe so, no. Hoss Hernandez: No, sir. No, there was not. Chair Hardemon: Okay. Mr. Hernandez: IfI may. Good afternoon. My clients bought this property in 1995. I passed around -- I only brought three -- I brought four, actually, but the Clerk keeps one. I passed around my presentation with a table of contents and all my exhibits. If you look at Exhibit Number 1, the closing statement, on line 504 is -- there's a payoff to the City. This was -- this property was built prior to my clients purchasing it, with the three units. There's a -- this property was built in part with a loan from the City. The City, when they gave the loan, were aware that there was going to be three units built on the property. If you look at line 504 in the closing statement, the City's paid off. If you look at line 505 in the statement, it refers to the work being done under City Permit Number 86-2154. If you look at Exhibit Number 2, which is the exhibit from the title company regarding the loan to the -- when they did the closing, there you will see that my clients paid off when they bought the property the loan to the City. And item number 3, the general contractor which built this prior to my clients buying it from the original owners, the general contractors provided a contract to the City, again, which was approved under Permit Number 86-2154, in the third page of the proposal which was given to the City, you will see where it says three units, and again, approved by the City. If you look at item number 5 -- I'm sorry -- item number 4, which is a printout from the City, page 1, previous case to (UNINTELLIGIBLE) record shows the third unit was approved under remodeling approved by the City. If you look at item number 5, which is County taxes, in the County taxes, it establishes a third unit. If you look at item number 6, which is a certificate of use, which was issued to my clients for the Year 2015 and 2016; not to mention all the previous years from '95, coming forward, the certificate of use was issued. On item number 7, which is from Code Enforcement from the City of Miami, signed by Code Enforcement Inspector Daniel Tobar, the violations pertaining to this case are corrected on March 12, 2015. And lastly, if you look at item number 8, it is a letter from Irene Hedges, which is a Zoning administrator, again acknowledging that the property was zoned and sold and approved by the City for three units. My client has three arguments: Number one, estoppel, detrimental reliance and res judicata. This property has been in the same condition since 1995, prior to my clients purchasing it, and the City has decided to not renovate -- or revoke the certificate of use. The City should be directed by this Commission or ordered to, in fact, reissue the certificate of use, which they had been issuing for over 21 years. And that is the argument of my clients. Thank you, board and Commission. Beba Mann: Commissioners -- Am I allowed to speak, Chairman? Okay, again -- Chair Hardemon: Before you move forward, I just want the record to be very clear that the statements that you're making is not -- you're not a party to this issue, so we're taking your statements and -- as sort of comment that's being included by the public to assist us in our decision -making, but you will be allowed to speak. Ms. Mann: Okay, great. I'm going to pass this out. City of Miami Page 187 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Commissioner Carollo: If you give one -- if you give it to the Clerk, he'll pass it out. If you give it to me, I'll pass them out. Don't worry, we'll figure it out. Ms. Mann? Ms. Mann: Yes. Chairman Hardemon just said he'd be right back, so I'm just waiting. Commissioner Carollo: You need for him to be here? Ms. Mann: You tell me to start, I can start. Commissioner Carollo: You could start. Ms. Mann: Oh, there's the Vice Chair. Okay, great. Just to give you a little background here, I am a realtor, and the first thing I tell my buyers is, "Buyer, beware. Before you sign a contract, let's make sure that there's no open permits; that everything that's being built is actually legal," okay? So that's the first thing, when you're a buyer, "Buyer, beware." Now, I've lived in this house for 50 years, and I can tell you that at no point in time was there ever a request for a zoning change to make this property into a triplet. The entire neighborhood to date is zoned duplex. If you go to the Miami -Dade County records, you're going to see what he just said; that we are allowed multiple units. It doesn't say "three units," it doesn't say anything -- it says "multiple units." I passed out a paper, some pictures, and just to give you a brief background of how we got where we are today. Code Enforcement was called on numerous occasions to this property; one of the issues being that the neighbor across the street, who's no longer with us, and who was a very loved neighbor of mine for all these years, was wheelchair -bound. And because the tenants of this triplet, which has no parking available for -- not even for the second unit -- he would have to go to the street for his SUV (sports utility vehicle) van to pick him up, because the parking in front of his house, which he maintained and cut the grass, was being used for this illegal unit. So what happened was that after a couple of years of calling Code Enforcement, the ticket being closed; calling Code Enforcement, the ticket being closed, finally, somebody really dug into it; at which point, I guess they presented all these papers that they have, and they felt that, "Oh, they have the papers; therefore, this is legal, so let's give him a CU (certificate of use)." When that happened, I totally went a little bit upset about what was going on, and I said, "Show me what it is exactly that you're basing your opinion on." When they showed -- sent me the papers, which is what is on your package and they have and I think it's one of the things that he presented here, that Permit 86-2154 is a proposal. There is not an actual permit in file. That is a proposal. A proposal is not a permit. Now, if you look at the second page of that Permit 86-1 -- 2154, which has a three -unit circled in by pencil -- it's not typed in by the City of Miami or by the actual contractor -- it's a proposal. It is not a permit. Then we go to the plans that were on file -- in file, submitted, and the design of this duplex is not even the same design of the duplex that we're talking about. This duplex is an L-shaped duplex, and the one that they live -- the one that they own, because they actually live a block away from this duplex -- is straight, a straight duplex. There's no "L" to it. So in actuality, what's in the file is incorrect, does not belong to this file. Now, they did take out a loan, which was done for repairs and upgrades to the house, just like Ygrene, but at no point in time does that mean that because the City grants you, to the previous owners, some money to fix the property can you build an illegal unit. By allowing this illegal unit to take place now, we will be having all the other illegal units in the neighborhood say, "Well, I want to see you, too," because guess what? They have one. So it's all going to -- causes a precedent for the entire neighborhood; not only that, Silver Bluff Homeowners Association, because of the amount of illegal units that we have, we have created a Code Compliance Committee, which we are now, on top of Code compliance all the time, to make sure that when there is an issue, nobody closes an issue just because. You have to close City of Miami Page 188 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 an issue because you have grounds to close it. Now, if you look at the pictures that I gave you, the first picture, that's the duplex we're talking about. And that little, little, tiny little unit is that illegal unit, which is, I can't think, more than 300 square feet, okay? It has zero setback -- I'm sorry, it's five. So the actual 20-foot setback is not necessarily to this abutting property; it's on the corner. This property has no real setbacks. It has five feet from the back, five feet from the side, and something in the corner. So it's actually right next door to the other duplex. It has two parking lots for two cars. There is three units only. There's three units. So how can three units have parking for only two cars? Not only that, we have a phenomen [sic] that's going around in the neighborhood. The duplexes -- we're zoned duplex, but many of us, like I do, have an old Spanish home, single family. They have been knocking down on 16th Avenue these old Spanish single-family home and creating these condos, townhouses, which has a garage. Nobody uses the garage because they use it for storage. They use it for whatever it is. So they park in front of the garage. And now, what they're doing is, is that they're going to the neighbors that have the single-family homes still, who maintain their grass, who maintain their property, the City swale, and then parking there, and sometimes parking days at a time, creating a big grass burn. And they can't have their gardeners cut the grass, because they're being used by the new buildings for two units that don't have enough parking space. So you're telling me that a three -unit, which has a "no parking" sign right in the front of it is going to have parking for three units? And if you think we don't have a parking issue, look at page number 3, page number 4. That is 23rd Street. It looks like a parking lot, because of all these condos, townhouses. Nobody has parking space. And the more that they go depleting on the single-family home, the less parking we have. So unless we start expecting these people to build underground parking, we do not have enough parking space for a duplex -zoned residential neighborhood. Now, a lot of the neighbors have had to put plants and do a landscaping on their property so that these units, illegal units don't use it as a parking lot. So I think there's enough evidence here to show that at no point in time was there to be a CU. When I brought it to the attention of Haydee Hegedus (phonetic) and I showed her that the plans that she was showing me did not belong to this property, and that, in fact, these were proposals, these were not permit, and at no point in time is there a record of a variance or of any changes to make this duplex into a triplex, she rescinded within a week the CU. This CU did not even have a month's life. So there has been no process. There has been no outreach to the neighbors to allow a triplex in a duplex neighborhood. This will start a precedent and allow other illegal units to request CU. This should not be allowed. We don't have a problem if they keep the enclosed garage to be used as a utility. We don't want them to knock it down. We don't want them to use it as a third unit. They can use it as a storage. They can use it as whatever they want. Someone said in -- at the September hearing that we came here and this item got continued, and that person said, and I quote, "The City is full of broken rules and broken laws. It is time we clean it up, piece by piece." This is one of the pieces. So I ask that the Planning & Zoning Board, which upheld the position of the Zoning director and voted against it, 7-0, to support this small neighborhood from any illegal use of a third unit in a duplex -zoned residential neighborhood. Thank you. Mr. Hernandez: Rebuttal. What I'd like to say is, I agree with what she says, "Buyer, beware." My client bought this property in 1995, did all the due diligence, did a title search, and this property was approved for a duplex and a -- an efficiency. This is not a triplex. That efficiency -- and again, I don't even think parking is an issue and doesn't come up. Now, the City lately has been approving the same size lots for double townhouses, which is now two, three on each side, which means, at the very least, there's going to be three to six cars per each one of those properties. So this is not a parking issue. This is an issue where my clients have owned this property for 21 years. They relied on the City's approval, they relied on the lien search that was done at that time, they relied on the records that were available to City of Miami Page 189 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 them at that time. They have not constructed anything on that property, and that property should stay the way it is. The only person who's creating an issue with this property is the lady who came to speak. As a matter offact, if you look at my Exhibit "A," which is the letter from Ms. Irene Hodges, on the bottom of it, you'll see that in handwriting, the name "Beba" is on there; that's her. So the only person who's been pushing this issue, the only person who has a problem with this issue is her. This issue has come up in front of Zoning & Planning in the City two and three and four times throughout the history of my clients owning the property; and each and every time, it has been approved, because that's the way it was sold, that's the way it was approved in 1995. And again, to reiterate, my client detrimentally relied on this. I believe that the Planning & Zoning Board is estopped from changing what they did 21 years ago, and this issue is res judicata. Thank you, Commissioner. Ms. Mann: Can I just say something? Vice Chair Russell: Yes. Chair Hardemon: Yes. Ms. Mann: Thank you. Number one, I think that they should go after the title company and sue them, because -- Mr. Hernandez: Ma'am, don't give me legal advice. I don't appreciate it. Ms. Mann: -- so this is not the City's problem -- Mr. Hernandez: Okay. Ms. Mann: -- and obviously, that's number one. And number two, yes, as the president of the homeowners association in the area, several of the neighbors who have been neighbors there for many, many years -- okay? -- feel embarrassed to come to them to tell them, "Look, we want your tenants to stop parking. We want" -- there was -- there's one tenant that has two cars. Just one tenant has two cars, and he's a single guy, okay? And now he's -- I don't know where he's putting the other one, but he keeps bringing the pickup truck whenever he's going to be pulling out his ATC. I mean, seriously, we have a parking issue there. There's no parking allowed in front of that property. It only provides for two parking spaces. So there is a parking issue with this property being a three -unit property, okay? So I take offense to the fact that you're telling me that I am the cause of the problem. No. A lot of the neighbors have been complaining for a long time. I am the voice of the neighbors. Mr. Hernandez: I don't see anyone else here except you. Vice Chair Russell: Please speak through the dais here, both of you. Ms. Mann: Yeah. Vice Chair Russell: Not to each other. Ms. Mann: None of the neighbors are here because they don't want to face the fact that they've been neighbors for many, many years and that they've complained. Vice Chair Russell: Thank you. Ms. Mann: Very simple. And when you call Code Enforcement, you don't have to give your name and you don't have to give your address and you don't have to give anything, because of that same reason. So I don't care to take the blunt [sic] of the City of Miami Page 190 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 problem; that's my position as the president of the homeowners association. Thank you. Mr. Hernandez: And one more thing legally I would move to strike. I know that she's just here as a -- not even as a witness, but as making comments, but if the board is to take her at all as a witness, I move to strike any testimony that she gave, that she heard, or that she was told by another neighbor as hearsay. Chair Hardemon: Your motion is granted. Mr. Hernandez: Thank you, sir. Chair Hardemon: Is there any other evidence that you want to put on? Mr. Hernandez: No, sir. Chair Hardemon: Is there any discussion from the board members? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, you had the public speakers come before us. And usually, when there's an issue that the neighborhood is really, really upset about, they come in droves. So I would admit that I haven't heard that outcry in that area within this property. However, Ms. Mann still is a resident of this area, and if she has an issue with it, I guess she's brought it up. My question is: Legally, Mr. City -- Deputy Attorney, does the City have any liability with regards to any documents that is issued with regards to having a -- either a triplex or three units there? Because I'm seeing some of the documents that I was provided by the applicant. Barnaby Min (Deputy City Attorney): Commissioner, there's always a risk of liability and a risk of a lawsuit towards the City, but what I will tell you, based on the information provided by the Administration, is that a triplex has never been allowed -- legally allowed -- in this area. So, if it's not legally allowed, then a CU should have never been issued; building permit, likewise, should have never been issued. Commissioner Carollo: So a CU has never been issued for that? Mr. Min: Yes. From my understanding, that is a correct statement. It may have erroneously been issued, and then revoked, which is why we're here today. Commissioner Carollo: Mr. Director, if you would please chime in. Mr. Garcia: Yes, sir. Thank you. Because this is a de novo hearing, I appreciate the opportunity to introduce some additional facts that I think are worth considering. We have stipulated that a certificate of use was issued, and we have also stated clearly that it was issued in error. And upon learning of the error, we revoked it. I would like to address the fact that permits were issued for the property, but I would like to reiterate that those permits, to the best of my understanding, were for electrical work, which -- and this is the important part -- are not subject to zoning review. If one presents work that is exclusively for electrical improvements, the Zoning Office, which is charged for full compliance with the number of units on the property will not see that work. And so, the City's issuance of a permit for electrical work, even if those plans contain, clearly noted, the three units, would not be City of Miami Page 191 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 something checked for or seen by the Zoning Office; in which case, it's not -- there's very little or nothing we can do about that. In addition, I will note, and the gentleman has probably correctly stated -- we have no reason to refute it -- that the County's tax rolls reflect the three units, and have reflected the three units for a very long time. As pertains to that, I will remind you that as recently as the last City Commission hearing, an ordinance was passed by this Commission, encouraging us and the County to work together to rectify that very issue. What I will say about that, and I believe our present CFO (Chief Financial Officer), who was previously the Tax Assessor for the County, remarked upon the fact that the County will assess taxes for that which is improved on the property. And there is no question about the fact that three units have existed on this property for quite some time. It is inappropriate for that -- for the County to assess taxes for three units; that does not make that third unit legal. It was never built with the benefit of permits, the property was never zoned for the three units, and I would also raise the challenge that that third unit, which, as best as we can see from the plans we've been given, is the illegal conversion of what used to be a bedroom, a stand-alone bedroom of a duplex residential facility, would probably most likely be under minimum housing standards set forth by the County. So it is not legal today, and it cannot be made legal; for which reason, we encourage you to uphold the denial or the rescission of the certificate of use. Happy to answer any questions. Commissioner Carollo: Yes, Mr. Garcia, and thank you for that. It's actually very helpful. So question: If we overturn your revocation, does that mean that now we make it a triplex? Mr. Garcia: If you were to -- Commissioner Carollo: Because according to your last statement, in essence, "no," because that unit doesn't meet the minimum standards? Mr. Garcia: Right. It would place us in a very awkward position, to be perfectly honest. And we stand by the revocation, because it is the only tool or means that we have at our disposal to recta the situation. Again, we are happy to admit to our error; that's on the record, and we said it before. Once we become aware of our error, we simply have to rectify it, and that's what we're here to do. Commissioner Carollo: Thank you. Mr. Chairman, I make a motion affirming the Planning & Zoning Appeals Board's decision affirming the Zoning administrator's revocation. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Seeing no further -- Vice Chair Russell: I'm sorry, just (UNINTELLIGIBLE). This is a move to deny the appeal, affirming the -- Chair Hardemon: Yes. Vice Chair Russell: -- decision? Thank you. Chair Hardemon: Any further discussion? Seeing no further discussion, all in favor of the hearing -- of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 192 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 PZ.22 1158 Department of Planning and Zoning Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): As amended. Mr. Hernandez: Thank you, guys. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY THE GROVE TREE -MAN TRUST, INC. ("TREE -MAN TRUST") AND AFFIRMING OR REJECTING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL OF THE ISSUANCE OF INTENDED DECISION BD15-015711-011 & 16-166 FILED BY THE TREE -MAN TRUST REGARDING THE REMOVAL AND MITIGATION OF TREES LOCATED AT APPROXIMATELY 2958 BIRD AVENUE, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.22 was continued to the November 17, 2016 Planning and Zoning Commission Meeting. Chair Hardemon: PZ.22. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.22 is before you as a resolution. It is an appeal of a decision by the Historic & Environmental Preservation Board to deny an appeal of a permit issued for a tree removal relocation and other maintenance for a property at 2958 Bird Avenue. Our recommendation, of course, is that you uphold the decision of the Historic & Environmental Preservation Board. However, there are some modifications that have been made to that decision, which I believe address substantively the subject matter of the case at hand. I don't want to speak on behalf of the appellants, so I will yield to the appellants, should they care to make a case. Vice Chair Russell: Is the appellant here? Commissioner Gort: Who is the appellant? Chair Hardemon: I believe the appellant is coming forward. Chair Hardemon: He's coming. There he is. How you doing, sir? Are you the appellant? Sir, are you the appellant in item PZ.22? Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: You are the appellant, or you are not? Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 193 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. Garcia: Sir, I have as the appellant the Coconut Grove Tree -Man Trust. Whoever speaks on that items should be a representative of the Grove Tree -Man Trust. Nick Delmore: I'm sorry. We were going to have a meeting in the back. My name is Nick Delmore. I am a member of the board of the Grove Tree -Man Trust. Jim McMaster is on his way here. I'll be glad to just kind of give you a thumbnail of what's going on. I'm also a certified arborist since 1995. I'm not a -- Chair Hardemon: It's a pleasure to meet my first certified arborist. I've heard about you all. They're like -- you know, I think they're like unicorns, you know. Mr. Delmore: Yeah, I know. Yeah, yeah. There's no big deal. Chair Hardemon: We think we've seen them (UNINTELLIGIBLE), but we're not quite sure. Commissioner Gort: They do exist. Mr. Delmore: Yeah, yeah, yeah. I know. We exist, I know. Anyway, the reason we're here is because of -- I guess because of the result of the HEP (Historic & Environmental Preservation) Board, and Jim McMaster, the president, wanted to appeal that decision. And it was late at the HEP Board, and I think he felt that maybe, you know, he didn't present the case, and people were in a hurry to go home. Essentially, the whole purpose of the Tree -Man Trust is to support Chapter 17 of the City Code, which our interest is merely to preserve, protect, and ensure real adequate canopy replacement whenever there's development; that's the long and short of it. And in this particular issue or this particular item, 2958 Bird, we feel that that's not being done. I know it looks good, there are a lot of trees and there's a plan, but in reality, for various reason, we feel it doesn't meet the standard for real adequate tree replacement, and that's the basis of the appeal. Jim will be here. I can conclude -- if you want to ask me questions, I mean, I don't really know what -- you know, I wasn't planning to speak. Vice Chair Russell: I do have a question. Just to take it a step back, what spurred the initial decision by HEP Board? Was this reaction to an illegal removal, or to an application for removal? Mr. Delmore: No, there was an illegal removal, as I understand it. There was -- Jim could give you the history, but it goes back to, I think -- Vice Chair Russell: Maybe Quatisha would be more -- Mr. Delmore: -- June or July. Quatisha Oguntoyinbo-Rashad: Good evening, Commissioners. Quatisha Oguntoyinbo-Rashad, City of Miami Planning & Zoning Department; certified arborist, as well. Commissioner Gort: Wow, geez, we got two. We got two tonight. Chair Hardemon: A striped unicorn. I'm telling you, there's two of them now. Right. Ms. Oguntoyinbo-Rashad: To answer the question, yes; this is as a result, in part, of an after -the -fact permit. So the permit before you was -- stemmed from an after -the - City of Miami Page 194 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 fact permit removal of 25 palms and one hardwood gumbo limbo tree. The applicant has applied for the after -the -fact permit. In addition to that, there's construction taking place, so there are additional proposals for removal. Vice Chair Russell: There were 26 trees removed without permit; is that correct? Ms. Oguntoyinbo-Rashad: Correct. Vice Chair Russell: And during the after -the -fact -- between that time that it was reported or discovered and the after -the -fact permit was granted, was there fines imposed on a daily basis for that, or how did that work? Ms. Oguntoyinbo-Rashad: Not to my knowledge. I know there was an initial fine. There was a citation. My understanding that they went before the ticket appeal hearing, the case was heard, it was settled, fines were paid, and then they applied for the after -the -fact. Vice Chair Russell: And so, I'm understanding the appeal is that Mr. McMasters [sic] feels that there's too many trees being put on location and rather -- instead of being off location; is that --? Ms. Oguntoyinbo-Rashad: That's my understanding, is that they -- Vice Chair Russell: Would you disagree with that? Would you say that the current plan for mitigation is a good one? Ms. Oguntoyinbo-Rashad: The approve -- the plan that we have approved has adequate planting. So what has been proposed is appropriately spaced. The mitigation trees are -- is adequate and to Code. Vice Chair Russell: So we just have a difference of opinion here, because I believe they're saying that there's -- the hardwood trees are put too close together, they won't thrive. Enough should be put -- I mean, you -- it's rare to hear someone saying, "We want less trees," on a lot in the Grove, so I'm inclined to wonder if they're concerned that it's too tightly packed. Would there be a reason someone would want to put them onsite rather than offsite, in the swale or a park, or elsewhere? Is it less expensive to do it onsite versus offsite? Which is step two. If you can't reasonably fit them onsite, you then either plant offsite or contribute to the trust, correct? Ms. Oguntoyinbo-Rashad: Correct. Planting offsite can be seen as a tedious job, because you may have to plant in the right-of-way and get the adjacent property owners to accept that tree. The Tree Trust Fund contribution to some may seem more expensive than planting onsite, depending on the material you're planting. So - Vice Chair Russell: But other than the inconvenience, you don't have to do more plantings offsite than you would have onsite; it's just one to one, correct? Ms. Oguntoyinbo-Rashad: Correct. Vice Chair Russell: Okay. So there's no additional cost, per se, in trees; just more hassle? Ms. Oguntoyinbo-Rashad: Correct. But also, for us to -- for you all to take into consideration, this is not your typical one lot. This is a lot that is proposing four City of Miami Page 195 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 townhomes. So it's a fairly large lot that, in our opinion -- in my professional opinion -- can accommodate the proposed landscaping that's being planted. Vice Chair Russell: Mm-hmm. Chair Hardemon: I'm assuming that this is Mr. Jim McMaster? Vice Chair Russell: The one and only. Chair Hardemon: Yes. Okay. Are you complete with your questions for her? Vice Chair Russell: Yes, thank you. Chair Hardemon: Thank you so very much. Commissioner Gort: Let me ask you guys some question. Let me ask you a question, because within certain neighborhoods, there's lots that have some trees, and they're in the middle of the lot. Then they want to build. If you have to remove that tree, the mediation would be to replace it with another free; am I correct? Ms. Oguntoyinbo-Rashad: It would be to replace it, based on a chart that's provided in our Tree Protection Ordinance. Commissioner Gort: Right. Ms. Oguntoyinbo-Rashad: Yes. There's a formula, depending on the size of the tree, which will determine how many replacement trees are required. Commissioner Gort: So it's -- according to the size of the tree, then you determine how many trees have to be replaced? Ms. Oguntoyinbo-Rashad: Correct. Commissioner Gort: Either within the property or somewhere else? Ms. Oguntoyinbo-Rashad: Right. They have options. Our first option is to try to provide -- or replace the canopy onsite. If all the mitigation trees cannot be reasonably planted onsite, the next option would -- you plant offsite within the swale area. If that also is not proffered by the property owner, then another option is park -- planting into our City parks. Another option is also Tree Trust Fund contribution or a combination of all four. Commissioner Gort: Thank you. Vice Chair Russell: Quatisha, in this particular case, there's been concern about a specific oak tree on the back of the property, I believe. Is that listed in the mitigation plan as one to be protected? Because that was part of the appeal, I believe; that there is a concern for that. Ms. Oguntoyinbo-Rashad: Yes, there has been concern regarding a live oak that's proposed to remain, and the property owner has made great efforts to redesign the sidewalk. There was a sidewalk that's -- it was going to impact the root system of the existing live oak. The property owner has met with the City, City staff -- Public Works included -- and allowed them to bow out the sidewalk and to significantly install the sidewalk away from the live oak, which is about 15 feet, which is more than reasonable. City of Miami Page 196 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: That's in the revised plan that we're -- Ms. Oguntoyinbo-Rashad: That's in the revised plan. Vice Chair Russell: -- just receiving now, right? Ms. Oguntoyinbo-Rashad: Yes, yes. Vice Chair Russell: And then of the trees -- so there's no further trees for removal? All -- everything that was removed has been removed illegally, and then the after - the -fact permit was issued, or are there still yet trees to be removed and replaced elsewhere? Are they moving some of the trees; not necessarily killing them? Ms. Oguntoyinbo-Rashad: Yes. Well, in addition to the after -the -fact, there are -- let me get the -- in addition to the after -the -fact trees, for construction purposes, they are removing four hardwood trees and seven palms, so a total of 11 trees. Vice Chair Russell: To be replaced elsewhere, or to be just removed completely and scrapped? Ms. Oguntoyinbo-Rashad: To be removed and replaced with frees back onsite. Vice Chair Russell: Okay. I misunderstood. I thought there were some relocation of trees going on in this mitigation. Ms. Oguntoyinbo-Rashad: No, there are no relocations. Vice Chair Russell: Oh. I haven't had a chance to study the revised plan yet. Is that available to us? Is that what we're looking at here? There's a -- I heard it just came in today or yesterday or something. Ms. Oguntoyinbo-Rashad: Well, the revised plan would not be -- the landscape plan has not been revised. As far as the mitigation trees, what has been revised is the redesign of the sidewalk. So, yes, that was submitted to the City today. But we have -- they've met with the City. We have reviewed; Public Works has reviewed it, has approved it, given their blessing, so to speak, on it. It's just that the property owner has not presented the actual plans for actual official approval, so that's what we're waiting on. Vice Chair Russell: Thank you. Ms. Oguntoyinbo-Rashad: Okay. Vice Chair Russell: Mr. McMasters [sic] is here? Is he able to speak, Mr. Chair? Chair Hardemon: Yes, 171 recognize Mr. McMaster. Mr. McMaster, you'll give us a hat trick if you today tell us that you are, indeed, an arborist. Are you an arborist? Are you an arborist? James McMaster: No, I'm not. Mr. Nick Delmore, who's here -- I'm -- I know a lot about trees, but I'm not a certified arborist, and I generally make that clear. Chair Hardemon: Thank you very much. Mr. McMaster: Thanks to Commissioner Gort here -- As Commissioner Gort knows -- I'm sorry. Jim McMaster, 2940 Southwest 3rd Court, Miami, Florida. As Commissioner Gort knows, many years ago, I was a regular fixture down here. City of Miami Page 197 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Since becoming president of the Grove Tree -Man Trust, I felt it was important that the trust not be that group that, when we walked in the chambers, you sort of went, "Oh, it's them again." So I'm sure Commissioner Gort was a little surprised to see me here, since he hasn't seen me in quite some time. I went through my files last night to see when was the last time the Grove Tree -Man Trust actually appealed something to the City of Miami Commission, and I thought we had done it back in 2003, but apparently, we didn't. I'm really not sure if we've ever appealed something to the Commission. And I'm -- I apologize for being here, but when you're dealing with a person -- a property owner -- and in this case, this is not a gentleman who came from France or from Ireland or England, who can say he didn't know Coconut Grove, our regulations. Excuse me. This is a person who's lived in Coconut Grove for many years. This property on Bird Avenue is unusual. It's 45 feet wide. It goes from Bird straight down to Jackson. It turns out the property owner bought the property and then hired a tree service and the tree service came in, and for several days in a row, kept chopping down the trees. I kept going by the property. Code Enforcement -- And by the way, Code Enforcement has really improved over the years. I don't know what they're doing in the rest of the City. I don't know what they're doing, you know, with other issues, but as far as tree issues, Code Compliance has been doing a very good job. I'm very pleased how they've come around. So Code Compliance did what they could. They could not contact the property owner. I was over there on my daily check when I ran into a gentleman who introduced himself to me as Mr. Koenig, who is the property owner, and I explained to him about tree removal permits. And then suddenly, Danny Sierra from Code Compliance popped up, and I left him and Mr. Koenig there. Mr. Sierra followed up later that day with an email, stating that he had explained to Mr. Koenig about the tree ordinance, about the fact that the property should not be touched. The property had tree stumps all over it left, and piles of debris and tree limbs. The next day was Saturday. Late Saturday afternoon, when Code Compliance is not working, trucks showed up, people showed up. It's been quite some time, but they literally cleared the entire lot, and then, with a stump grinder, stump -ground out all the stumps on the lot. So, here we are, dealing with a person who has willfully gone out, after being told by Code Compliance not to touch anything on the property -- Oh, and by the way, there's about a three-foot chain link fence around the property, and Mr. Koenig did not have the key that day, so he could not let Mr. Sierra and the other inspector on the property. So there we have a property with no stumps left. So Quatisha -- I was request -- her staff was requested by Code Compliance to go down there, and on their hands and knees, I understand, they went through, sifting through the debris, and they found 25 tree stumps; palm tree stumps. So that's what a lot of this mitigation is. The problem with this is, is that the Grove Tree -Man Trust -- and if you look at Chapter 17. Chapter 17: The intent is to, quote, "to protect, preserve and restore the tree canopy within the City of Miami by regulating the removal, relocation, pruning, and trimming of trees." And it goes on to say that those trees that are planted for the purpose of restoring the canopy and replace existing trees -- the whole point of the ordinance is, is canopy, and that's what the Tree -Man Trust is after. When I met with Mr. Koenig in early June -- we appealed his intended decision. I met with him within a week. That was early June. Some of the first words out of my mouth were, "You have two large oak trees in your property. The Tree -Man Trust is not opposed to you taking out the oak tree that's in the middle of the lot. It" -- you know -- "inhibits your right to build. But there's an oak tree here right by the sidewalk." So the first week in June, I asked Mr. Koenig to bow the sidewalk. June, July, August, September, October, and here we are today, they're showing plans bowing the sidewalk that we have never seen. Initially, this was scheduled, I think, in May, to go to our appeals schedule in May. About three days before the hearing, staff withdrew the application, it was revised, it came back, and the appeal was heard on -- the second appeal was heard on September 9. All along the way, Mr. Koenig has promised me plans and promised me plans and promised me plans, and I never get them. And so, here we are today, with an oak free, that we City of Miami Page 198 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 don't really understand what the composition of the sidewalk is. If you look at what he did with the trees on the property, what is he going to do with this oak tree? So I'm asking for a deferral today so that we can get the approved plans by the City of Miami. At the Heritage Preservation Board -- I should explain it and then I'll stop -- the board voted to deny our appeal. What happened was, it was 9:20 in the evening. We were -- the last item on the agenda seems to be us. And get up, and one of the board members goes, "Okay, let's negotiate this." And I wasn't feeling very well, but there we are negotiating at 9:20 in the evening, and I didn't have the information. It became clear that the board was ready to vote to basically not protect the oak tree. So I said, "Okay, I give up on the mitigation plan; let's accept that. Let's get protection for the oak tree." They came up with a solution where he would use crushed shell for his driveways. A previous item on the agenda, a $2 million house in North Grove, he was using crushed shell. The Law Department advised me -- and I'm glad they did, you know -- "Mr. McMaster, be careful. These are not approved plans. Everybody's agreeing to crushed shell. That's what the resolution is going to say. However, we can't guarantee you that." And so I said, "I re" -- I asked for Mr. Koenig to agree to come back if it's not crushed shell, and he apparently wouldn't agree. So I turned down the settlement, but I was more than happy to settle. So we're here today asking for a deferral. I've been working on this for five months. I mean, you know, one more deferral isn't going to hurt anybody. Thank you. Vice Chair Russell: Mr. McMaster, other than the protection of the oak, do you still have any issue with the remainder of the mitigation plan, or is that the remaining issue -- Mr. McMaster: Well, the -- Vice Chair Russell: -- (UNINTELLIGIBLE) oak? Mr. McMaster: That is the remaining issue. What has happened, because of his going in and illegally removing trees, he has double mitigation. Vice Chair Russell: Yeah. Mr. McMaster: And I do understand it cost a lot of money to install trees. However, he went to, I guess, the special master or whoever it is who handles fines, and it's my understanding that the fine has been reduced from $25,000 down to $5,000. Now, there is one outstanding citation that has fallen through the cracks for one more tree, a canopy tree, and I'm going to work with the City. That should be done before any approval is made on this, because the mitigation trees for that citation are wrapped up in this intended decision. Vice Chair Russell: Okay. So it's not just about the oak tree and the bowing of the sidewalk; there is another issue then. Mr. McMaster: Yes. I'm actually known as "the palm man" on my street. 30 years ago, when I bought my house, I went out and started buying palm frees. And the neighbors think I'm sort of nutty, but you can barely -- you know, I have 100 percent canopy in my yard. He's proposing to plant basically palm trees, 14 feet tall, three feet apart. And now, what happens then, they, in effect, will kill each other off. This is not creating canopy. We're going back to canopy. That's what the ordinance is for. I'd be very happy if he could plant offsite. A lot of developers, actually, in the parks, in the right-of-way, plant offsite. But the landscape plan -- if you look at what's probably in your packet -- is there a landscape plan in your packet? Vice Chair Russell: It's kind of hard to see, but (UNINTELLIGIBLE). Yes. City of Miami Page 199 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. McMaster: Yes. As you can see, alongside the driveways, each driveway has six palms right on top of it, maybe a foot from the driveway. I know from experience palm trees, when they get tall enough, when the frond falls off and hits your windshield, it breaks it; you know, I've had that problem. You look at around the swimming pools. Now, if he's willing to take out the four swimming pools, we could mitigate the trees there. But if he wants the four pools, he should be mitigating offsite. The City of Miami Tree Trust Fund, it cost about $1,000 -- it is $1,000 per tree. You could plant one on your property for maybe three, four, 500, depending on what the tree is. It does make sense that a donation's a thousand dollars, because the City of Miami takes on the responsibility for hiring staff to figure out where the tree is going, they pull the permit they do the installation, and then the City in perpetuity is responsible for the tree. Chair Hardemon: Yes. Mr. McMaster: If someone mitigates onsite or in the right-of-way, they are responsible for mitigating and replacing. Vice Chair Russell: Just a minute. Quatisha, I have a mitigation plan for 3003 Amalthea Street. Is that not -- that has nothing to do with this, does it? That's what's in my agenda. I was having trouble -- that's why I was having trouble figuring this out. Ms. Oguntoyinbo-Rashad: I believe that is part of the appellant's appeal letter, referencing another -- Vice Chair Russell: Oh, okay. Ms. Oguntoyinbo-Rashad: -- appeal. Vice Chair Russell: So in that case, I don't think I have the actual mitigation plan in my backup for this property, do I? Mr. McMaster: No. I was expecting Mr. Koenig to get the revised plan to me, so I didn't see any reason, and I have the original -- that's the original plan; and then I have a revised plan, which was never agreed to. And then there's a third plan that actually is -- you know, it should be in your packet today, but I did not have it at the time -- Vice Chair Russell: I don't have any of them. Mr. McMaster: -- of the appeal. Vice Chair Russell: So you actually have two issues. One is the protection of the oak. Is that oak on the sidewalk of Jackson or Bird? Mr. McMaster: It's on Jackson, yes. Vice Chair Russell: Probably sits on the back side of the property. And they've agreed to bow that out. So it sounds like we may be -- Mr. McMaster: Well, there are two issues. There's a sidewalk on the one side, and then the driveway is on the other side. Vice Chair Russell: Oh, okay. So the driveway could also affect that oak, as well. City of Miami Page 200 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Mr. McMaster: Right. And Mr. Delmore was more an expert, but the fact is, in general, you want to be 10 feet from the base of an oak tree this size. And because the lot is only 45 feet wide, you have the setbacks, you have the driveways, and I assume there's going to be walk -- front walkways. I've never seen a plan with front walkways, but when you do the math, you have concrete being poured right on top of the roots -- the trunk of the tree. Vice Chair Russell: Right. But you have a sec -- your second issue -- and I read this in your appeal letter -- is that there's too many trees being clustered that will choke each other out. You'd rather see less trees on -- Mr. McMaster: Onsite. Vice Chair Russell: -- onsite, and more trees offsite -- Mr. McMaster: Yeah. Vice Chair Russell: -- as a -- Mr. McMaster: Exactly. Vice Chair Russell: -- canopy mitigation. Mr. McMaster: Exact -- and I should add, there was a devel -- another developer who illegally removed trees, and he came and got an intended decision to mitigate $30, 000 worth of trees offsite, leaving no trees on the property, and the Tree -Man Trust also appealed that. You know, we don't want to find a situation where there's a $30, 000 check to the Tree Trust Fund and no trees onsite; and then, in this case, no check to the Tree Trust Fund, and all the trees crammed on the site. We want to come to a happy middle ground where -- you know. I mean, if you look -- have any of you ever been to a townhouse with a long side, a driveway 20 feet long, there's six palm trees a couple feet apart on both sides, and then there are palm -- you know, it's just -- if you look at it, it's a mess, and they will not grow, and they will not survive. Vice Chair Russell: Thank you. Commissioner Gort: Let me ask a question. The Tree Trust that you have, you have trees available? Because, let me tell you, one of the problems we have in certain neighborhoods, people, they buy a lot in a neighborhood with -- they don't have that much money. They're not -- they cannot afford the -- remove the tree and replace it and spend the amount of money that -- but they're willing to replace it. Can we donate trees to this type of -- we have a lot of people creating affordable housing, and they have a problem, because when they look at the numbers, they have to build according to certain numbers, and then removing the frees and do away with that, it makes it very expensive for the development to take place. Ms. Oguntoyinbo-Rashad: I would have to look further into what the Tree Trust Fund Ordinance reads, but I do -- I know that the funding is available for City plantings for -- in the right-of-way and in the swale area. I'm not sure if it makes mention of affordable housing projects or developers that have a deficit in meeting their minimum mitigation. Vice Chair Russell: (UNINTELLIGIBLE). Something to look into. Commissioner Gort: We need to look into that. Okay. City of Miami Page 201 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: I have a question, Quatisha. He mentioned that the fees had been cut from, I think, 20,000 down to 5,000. Is that correct, and why was that? Ms. Oguntoyinbo-Rashad: That would have been a Code Enforcement/Code Compliance hearing. I can look into it and probably coordinate and reach out to Eli Gutierrez and his staff to see the results of that hearing. Vice Chair Russell: I would like to learn more, because that's -- yeah, that's something I'm very interested in. I'm happy to hear from the original applicant, if necessary; but otherwise, I believe I will be looking to defer this item, because there's a lot I'd like to learn here, and I'd really like to study the mitigation plan. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved to defer and seconded, this item. I understand that there are different parties that are -- to this item. Is there any objection to the deferral? Wendy Francois: Good evening. Wendy Francois, with Akerman, 98 Southeast 7th Street. We would like to present briefly, if we could. Vice Chair Russell: I'm sorry? Commissioner Carollo: She'd like to present -- Chair Hardemon: She announced herself for the record, and she wants to present briefly. When you say, "briefly," are you certain on the time? Ms. Francois: No. We just -- a lot has already been said, and we just wanted to get some remarks on the record. Chair Hardemon: All right. I think we'll allow some remarks to be said. There was an extended amount of time and testimony that was put on, as I understood, testimony from Mr. McMaster, so I think it probably would be appropriate for them to say a few things; and then, of course, the matter will be continued to the next agenda or whatever agenda that you would like for it to be on. Yes, so you're recognized. Ms. Francois: Good evening. My name is Wendy Francois. I'm with Akerman; address, 98 Southeast 7th Street in Miami. We represent the property owner, Mr. Walter Leesburg Koenig, who purchased the property in October of last year. So we -- first off we would like to thank staff and the City for working with us so diligently over the past several months in revising the mitigation plan, incorporating the comments from Mr. McMaster. A lot of time, resources and energy have already been invested into creating a plan that is technically sound and respects the landscape of the area. So that you can see, these are the current site conditions. The property is improved [sic] with two dilapidated structures. Mr. Koenig intends to build townhouses, one of which, he will live in with his wife and two young children. He is not a developer. He is a resident who just wants to build a home for his family. So this is the current property, current site conditions. The property was blighted, dilapidated, a nuisance, an eyesore, and this is the proposed project plan. Here's a brief snapshot of the timeline of how we got to where we are today. Our client filed an after -the -fact tree permit application in November of 2015. The City made a determination as to the mitigation requirements. Then Mr. Koenig, the property owner, submitted a landscape plan. And after review and approval from the City's Department of Environmental Resources, the first intended decision was issued. Mr. McMaster appealed that decision. As soon as he appealed that decision, City of Miami Page 202 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 the property owner reached out to him to talk to him and negotiate and try to understand his issues, discuss his concerns, which Mr. McMaster has acknowledged they met within a week. The property owner also met with City staff to discuss Mr. McMaster's concerns, and inform them that he was ready to revise the plans, modify the landscape plans, all per Mr. McMaster's request. The revised plans incorporated Mr. McMaster's comments and proposed a less crowded, more balanced tree area because his primary concern was that there were too many trees, which is not usually the argument. Usually, people are saying they want more trees, someone from the neighborhood commented today that they want more trees, they want to preserve the dense canopy. A new landscaping plan was sent to Mr. McMaster, and he did not express further opposition. So the property owner worked with the City to issue the second intended decision. Despite all of the time that was spent and all of the outreach, Mr. McMaster yet again appealed the second intended decision. This is despite having the opportunity to get feedback. There was an open- door policy. The property owner was calling him, emailing him, meeting with him, allowed him to tour the property. Yet and still, after the second intended decision was issued, he appealed again. Similarly to the first appeal, the property owner reached out to him -- to Mr. McMaster after the second appeal. They discussed putting together a road map that would be satisfactory to both sides and present a solution. And again, the road map including revising the plans, yet another set of revised plans were given to Mr. McMaster. The landscape architect worked to incorporate all of his comments. And the property owner attempted to meet with Mr. McMaster before the HEP Board meeting, so that they can reach a solution without having to go through with the appeal at the meeting. The repeated attempts to meet were rebuffed, and Mr. McMaster refused to meet with the property owner or the City. I will pass around a chain of emails that catalog the discussions and the dialogue between Mr. McMaster and the client. And also, it shows that the issue regarding the oak tree appeal did not come up until the -- Chair Hardemon: (UNINTELLIGIBLE) Clerk, please. Ms. Francois: To the Clerk? The oak issue was not raised until the appeal to the City Commission, and you'll see that in the chain of emails. And also, if you read the first appeal and the second appeal, there's no mention of the oak tree. Here's some snippets from the emails and the correspondence. So in response to Mr. McMaster's appeals and also the ongoing emails and conversations that the property owner has attempted to have, the property owner has revised the plans and has reduced the number of trees. The property owner will make a contribution to the trust fund, per Mr. McMaster's request. The property owner did obtain Public Works' approval to have a meandering sidewalk that would bow across -- around the oak tree, per Mr. McMaster's request. Revised plans were sent to him, and you can see that in the email chain. And he was asked for not only comment and feedback, but he was asked to meet, and he did not want to meet. Vice Chair Russell: What about the driveway on the oak? I understand that you're bowing the sidewalk on one side, but what about the concern for the driveway on the other side? Ms. Francois: Yes. So Quatisha has the revised plans, and they do address both the sidewalk and the driveway issue. At every step, every step in this process, the property owner has been completely amenable. He's a resident of the Grove for over 15 years. This is his neighborhood. He lives there because he loves the trees, he loves the aesthetics, and he's trying to preserve that. Vice Chair Russell: Every step except the first step, where he illegally removed 26 trees. City of Miami Page 203 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Ms. Francois: The company that he hired did do that, yes, and that was mistakenly done. And he knows that, going forward, should he ever do a project like this, he will be there, supervising. But as soon as he found out, as soon as he received the notice, he was working with the City, compliant, addressing every concern, addressing Mr. McMaster's concerns at every turn. So Mr. McMaster's current arguments on appeal to the City Commission, three arguments: There are too many trees. The intended decision notice posting does not follow Section 17-D, and that the City must ensure the survival of the oak tree. Those are his three arguments on appeal to the City Commission. The oak tree is a new argument. It was not mentioned in the prior appeals; it was only mentioned in the appeal to the City Commission. So let's walk through some of his arguments briefly, the first of which is that there are too many trees. Well, the City's experienced staff has broad discretion in setting mitigation requirements, particularly because the City staff working on this matter, as you've already heard, are certified arborists, municipal specialists, tree -risk -assessment qualified, and they are certified landscape inspectors. They're professionals. They know what they're doing when they're putting together these plans; not to mention that Coconut Grove is known for its dense foliage. And expert opinion conflicts with Mr. McMaster's own non -expert opinion. He has stated on the record he's not a certified arborist. I would like to introduce our expert witness, Rudy Alemany, who briefly can talk about why the -- Mr. McMaster's comments do not really pass muster. He, himself is a certified arborist, certified landscape contractor. And while Mr. McMaster is an ardent community advocate and tree enthusiast, he's not a certified arborist or a landscape architect, or a credentialed expert. City staff has been working with the landscape architect and certified arborist to put together a plan, and their testimony definitely is substantial competent evidence that this mitigation plan and the approved landscape plan are technically sufficient and that you should follow in the same direction as the HEP Board, and uphold the denial of the appeal. Mr. Rudy. Chair Hardemon: So I would say that we refrain from putting on other evidence. I appreciate the background information that we gave about everything, because I think that's something we should consider, but we must remember that the Commissioner -- there was a -- you all -- you having problems hearing me? You can't hear me? If -- IT (Information Technology), can you turn up my microphones, please, so that people have a better opportunity to hear me? But as I was saying, there is a motion on the floor for continuance, and so we expect to have more testimony put onto the record at our next meeting, and I think that would probably be best. But what -- I know that as Chairman -- and I'm sure the Vice Chairman appreciated the information that we have thus far that was introduced by Mr. McMaster; and then, also, the background that was introduced by yourself. And so, I think that that would probably be best, if you agree, Mr. Vice Chairman? Vice Chair Russell: Thank you. And you would have had your third arborist if you'd allowed him to. Chair Hardemon: That would have been my third arborist (UNINTELLIGIBLE). Vice Chair Russell: But we will next time, and I certainly appreciate that you all are working together on this. It seems we are quite close to consensus. I had heard there was even potential that the appeal would have been withdrawn, you know, had everything come to -- come together. And so, I hope that you will work together, and I would like to be involved. I'm -- I would have liked to have seen the mitigation plan in the backup and I would like some backup information on the fines and why they were cut or mitigated, but November 17 would be the next one, yeah? Commissioner Carollo: Yes. City of Miami Page 204 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 Vice Chair Russell: And so, apologize for the delay, but we will get there, and I'm sure we will get a perfect mitigation plan that works well, and I appreciate Mr. McMaster's coming. Commissioner Gort: My understanding, also, if they get together and they come up with a plan, they'll withdraw the appeal. Vice Chair Russell: It could happen. Commissioner Gort: So they won't have to come back. Vice Chair Russell: That could happen. Commissioner Gort: Okay. Vice Chair Russell: Sounds like they were close, anyway. Ms. Francois: Sony. Chair Hardemon: No, that's all. Ms. Francois: A question for me? Chair Hardemon: No, I -- Ms. Francois: Okay. Chair Hardemon: -- don't think we have any further questions. Ms. Francois: Okay. Chair Hardemon: The motion on the floor is -- Commissioner Carollo: To defer. Chair Hardemon: -- to continue -- or defer this to December 17 -- November 17. Ms. Francois: November? Chair Hardemon: November 17; I apologize. Vice Chair Russell: Next month. Chair Hardemon: So any further discussion on that motion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 205 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 206 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 207 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 208 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 209 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 210 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 211 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 FL - FUTURE LEGISLATION FL.1 ORDINANCE First Reading 1112 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY Planning and OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND Zoning ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2017 FOR GOVERNMENT OWNED AND OPERATED USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 ORDINANCE First Reading 1131 AN ORDINANCE OF THE MIAMI CITY COMMISSION ADOPTING Department of AN AMENDMENT TO ORDINANCE NO. 13114, THE ZONING Planning and ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL Zoning REGULATIONS" TO ALLOW A DISTANCE REQUIREMENT FOR PUBLIC STORAGE FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 212 Printed on 1/5/2017 City Commission Meeting Minutes October 27, 2016 ADJOURNMENT The meeting adjourned at 8:18 p.m. City of Miami Page 213 Printed on 1/5/2017