Loading...
HomeMy WebLinkAboutCC 2017-01-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes January 26, 2017 9:00 AM Planning and Zoning City Hall City Commission Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Tomas Regalado, Mayor Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 26, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 26th day of January, 2017, 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 9:15 a.m., recessed at 12:01 p.m., reconvened at 2:09 p.m., and adjourned at 5:41 p.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the January 26, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City Manager; Victoria Mendez, the City Attorney; and Mr. Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort; and the pledge of allegiance, led by our Vice Chairman. All rise, please. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1680 Honoree Presenter Protocol Item 3 Service Milestone Awards Mayor & City of Miami Manager Pins Overtown Optimist Club Mayor & Salute Comm Suarez Murray Greenberg Mayor & Proclamation Comm Suarez Miami Parks & Recreation Mayor & Proclamation Entire Commission Judge Alberto Milian Mayor Regalado Proclamation 59 Toy Donors Mayor Regalado Certificates of Appreciation Stacey Sharrow Simpson Mayor Regalado & Proclamation City of Miami Page 1 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 RESULT: PRESENTED Comm Russell 1) Mayor Regalado presented a Proclamation to Judge Alberto Milian, who has had a distinguished career in law, has served the public interest devotedly and competently, and is a veteran of two wars, Operation Just Cause (Panama) and Operation Desert Storm (Persian Gulf War). Furthermore, commending and honoring Judge Milian for his notable contributions to our community and his service to this country and proclaiming Thursday, January 26, 2017, as Judge Alberto Milian Day. 2) Mayor Regalado, on behalf of the Citizens of the City of Miami, presented Certificates of Appreciation and thanked Amigos for Kids for their altruistic support of the City of Miami Mayor's Toy and Food Drive. Additionally, thanking them for their generosity and dedication to the less fortunate children and families of the City of Miami and truly appreciate their making Christmas 2016 a memorable one for hundreds of needy citizens. 3) Mayor Regalado and the City Commission, on behalf of the Citizens of the City of Miami, presented a Proclamation to the City of Miami Parks and Recreation Department for the Department's recent accreditation by the Commission for Accreditation of Parks and Recreation Agencies; furthermore, recognizing the Parks and Recreation Department as a credible agency that meets goals efficiently while providing the public the assurance that it operates using the national standards of best practice and proclaiming Thursday, January 26, 2017 as Parks and Recreation Day in the City ofMiami, 4) Mayor Regalado and Vice Chair Russell presented a Proclamation to Stacey Sharrow Simpson, founder and director of Gymagination, which has been providing gymnastics and music instructions for children ages 0-12 years old in Coconut Grove since 2012; honoring and commending Ms. Simpson for her laudable contributions to our community and proclaiming Thursday, January 26, 2017, as Stacey Sharrow Simpson Day in the City ofMiami. 5) Mayor Regalado and Commissioner Suarez paid tribute to the Overtown Optimist Club for its valuable efforts and successes on behalf of the youth of Overtown; further, pausing in deliberations of governance in order to honor and commend the leadership and members for their laudable contributions to our community while encouraging them to continue their noble endeavors and wishing them ongoing success in all their activities. 6) Mayor Regalado and Commissioner Suarez presented a Proclamation to Murray Greenberg who transitioned from this life on December 31, 2016 at the age of 73 after a distinguished 33-year career in the Miami -Dade County attorney's office; paying tribute and celebrating his life and recognizing his notable public service, witty sense of humor and contributions to our community; furthermore, proclaiming Saturday, December 31, 2016 as Murray Greenberg Day in the City of Miami. 7) Mayor Regalado and City Manager Alfonso presented City of Miami Pins to various City of Miami employees, recognizing their service milestone, commending them for their dedication and commitment to the City of Miami and thanking them for their hard work and dedication. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. City ofMiami Page 2 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Nov 17, 2016 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Okay. The Chair would like to entertain a motion to accept the AM.1, AM.2, AM.3, and AM.4 to -- Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: Seconded by Commissioner Gort These are the regular minutes of the -- of our meetings. Any further discussion on the item? Hearing none, all in accordance, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. AM.2 City Commission - Planning and Zoning - Nov 17, 2016 2:00 PM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. AM.3 City Commission - Regular Meeting - Dec 8, 2016 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item AM.3, please see Item AM.1. City of Miami Page 3 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 AM.4 City Commission - Planning and Zoning - Dec 8, 2016 2:00 PM MV - MAYORAL VETOES MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item AM.4, please see Item AM.1. NO MAYORAL VETOES Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) ORDER OF THE DAY END OF MAYORAL VETOES Chair Hardemon: We will now begin our regular meeting. Our City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online on wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the 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, 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 they will 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 the item they are speaking -- and what is the item that City of Miami Page 4 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 they are speaking 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 Commission chambers; please silence those items now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring auxiliary assistance services for this meeting may notify 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; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Hardemon: You're recognized, sir. Daniel J Alfonso (City Manager): Thank you, Mr. Chairman. Good morning, Commissioners. Item FR.1 is to be deferred to April 27; item RE.5 is to be deferred to February 23; and item DI.1 will be withdrawn. Chair Hardemon: Are there any other items from the Commissioners that you'd like to withdraw, defer, continue? You're recognized, sir. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. I would like to defer DI.3 to the March meeting. Chair Hardemon: DL3? Commissioner Carollo: Yes. I've spoken to the Auditor General and I've spoken to the City Attorney, and due to the different conflicts in times and so forth, and we'll need an additional time. That will be the best meeting to address this issue. Chair Hardemon: Any other deferrals or continuances? Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Hardemon: Yes. Mr. Hannon: Commissioner Carollo, would you like that deferred to either March 9 or March 23? Commissioner Carollo: March 9. Mr. Hannon: Yes, sir. Chair Hardemon: Is there a motion in accordance with the --? Commissioner Suarez: So moved. City of Miami Page 5 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Its been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded. Any further discussion on the motion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: This is now our public comment time for our agenda, our morning agenda. This is the time -- if you are here to speak on any of the items that on -- that are on the consent agenda, the public hearing agenda, first reading ordinances and resolutions, this is your time to be heard. So when I open up the public comment section, you're allowed to come to the lectern, and you're allowed to speak for two minutes. So state your name, your address, and what item it is that you're here speaking about. But first, I'd like to ask fbr our president and CEO (Chief Executive Officer) of our Jackson Health System, Mr. Carlos Migoya -- Commissioner Gort: Yes. Chair Hardemon: -- to come forward to the lectern and be recognized for public comment. Carlos Migoya: Thank you, Mr. Chairman. Thank you very much, Commissioners, Mayor. I'm here on behalf of Jackson Health System. We have an item in front of you. I think it's PH.3. To give you a little history, about 70 years ago, before I was born -- but I think Commissioner Gort and Mayor Regalado may have been around -- but -- Commissioner Gort: That's why I'm sponsoring this. Mr. Migoya: But seriously, at the time that the City deeded Jackson Health System -- or Jackson Memorial -- to the County, and at the time, the pieces of the City -- of the streets that were not really deeded at that point in time. We're in the process of spending approximately a billion dollars in renovating all of Jackson Memorial, and adding new buildings, including a new rehab hospital and an in -patient tower. And in working the County Attorney with the City Attorney, your Building and Planning & Zoning people with our Capital and Construction people, they found that the north -- the western portion of 19th Street, which is really the main entrance to the Diagnostic -- it's still deeded to the City of Miami, while everything else is part of the County at this point in time. So what we're requesting is a unity of title. The purpose of the unity of title is to he -- which, by the way, is compliant with Miami 21 -- is the ability for us to be able to do all the things that are necessary. Right now, there are tunnels underneath Northwest 19th Street, and above -- overpasses over it, and we're going to be building a $500 million in -patient tower, all of which would be challenged by not having a unity of title here. So what we're requesting is the ability to come in front of you and allow the unity of title under the County for that piece of -- the western side of 19th Street -- so we can continue to do all the construction. Commissioner Suarez: Move it. City of Miami Page 6 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Migoya: And, of course, you know that Jackson Memorial is out there to provide -- Our public mission is to provide healthcare to all Dade County residents; of which, obviously, a big piece of those are City of Miami residents. Commissioner Suarez: Move it. Vice Chair Russell: Second. Chair Hardemon: Well that -- Commissioner Gort: No, no, this is public hearing. Well move it later. Chair Hardemon: -- this is -- a few things. This is public hearing. You got to give -- let everyone speak on it. Mr. Migoya: Okay. Chair Hardemon: And then (UNINTELLIGIBLE) into the record. Mr. Migoya: Sony. I got ahead of myself Chair Hardemon: Yeah. Well get to it. Is there any other comment to the president? Thank you very much, sir. Mr. Migoya: Thank you. Chair Hardemon: All right. So the floor is open for public comments. If you're here to speak on any of the items on the agenda, please, this is your time to speak. Horace Roberts: Good morning. Commissioner Suarez: Morning, sir. Mr. Roberts: Chairman, my name is Horace Roberts. Pin the CEO with the Belafonte Tacolcy Center, 6161 Northwest 9th Avenue. I come before you in reference to PH.1, 1529, to tell you a little bit about Belafonte Tacolcy Center. As you know, we are celebrating our 50th year this year. It was back in 1968 where the City of Miami came into partnership with a group of young kids back during that particular time. Property was purchased, and they rebuilt it from 69 to 71, and the park opened up as Tacolcy Park, and that relationship has existed all that particular time. I want to thank the City Commissioners for supporting our agency for all that time. And many of the kids have grown up during that particular time. We're in the renovation process, and I'm asking that you approve this resolution so we can continue receiving funding from the City of Miami. I do thank you. Chair Hardemon: Thank you, sir. Joshua Jones: Good morning. Josh Jones. I'm the board chair for Belafonte Tacolcy, and just to piggyback on that, Belafonte Tacolcy has been in existence -- this is the 50th year. And over -- almost 50 years, we've been one of the safest places for a child to be in the Liberty City community, so it's very essential that we remain in place, and we ask that you continue to support us. We thank this iteration of the County -- of the City Commission, the City Manager, and the Parks Department, for the support that we've already received, and that we expect to receive. There's been a lot of renovations that have been done with things that were a little dilapidated and a little outdated, and those things have been happening under the leadership of our Commissioner, Chairman Hardemon. And I just wanted to let everyone know that as this is the 50th year, there's City of Miami Page 7 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 going to be a lot of activities that are going to be taking place, and we want to have your support with all of those endeavors. Chair Hardemon: Thank you. Cedrick Hooper: Good morning. I'm Cedrick Hooper, 6161 Northwest 9th Avenue, Belafonte Tacolcy Center. I'm the athletic director at the program. I've been with Tacolcy 17 years. This is my l5th year as the athletic director. We receive -- a majority portion of our dollars for our sports program, it comes strictly from the City of Miami, and we do appreciate all that the City of Miami does for us; what they do for us in helping us with our program to continue our drive and to empowering the youth in our community. And also, I heard Commissioner Suarez speak of Sam Johnson, who was also a mentor of mine for a long time before he passed away. So we all share the same vision for the community in helping keep the kids off the street, helping build them through -- using sports as a vehicle, just to kind of help channel that energy; find them something else to do in the community besides getting in trouble. So we do support the City of Miami efforts. We do love what you guys do for us, and we're just asking that you continue to fund our program, so we can continue to do what we do on the ground level. Thank you. Chair Hardemon: Sir, you're recognized. Greg Bush: Good morning, gentlemen. I'm Greg Bush. I direct the Institute of Public History at the University of Miami, and president of Nature Links for Lifelong Learning. And I want to thank you all. I want to thank the Frost Museum, Mayor Regalado, the City Manager -- and Kevin Kirwin, in particular -- for all the support that you've been giving for Nature Links since we were incorporated in 2015. We address young adults with intellectual disabilities of the mid to higher range, from 18 to 30. We think we have really creative programs. We're collaborating with a lot of different organizations, and we think we're making a difference and could be a model in our area. Palmetto Bay wants to duplicate what we're up to down there; Coral Gables. We have a culinary program, also. But our Frost Museum and our Urban Explorers Program is particularly, I think, unique, because we involve students in travel training, in videography. They're learning to express themselves collectively and whatnot, and I just wanted to thank you all. Our item comes up -- I think it's PH.2 -- and your support would be greatly appreciated. We have another person here speaking and will show you a little video. Thanks. Chair Hardemon: Sir, while she's setting up, you're allowed to speak. Mr. Bush: I just also wanted to introduce my daughter, who is a Nature Link student, sitting there and waving to you. Thank you. Commissioner Gort: I thought she was going to speak. Mr. Bush: Well, she's a little shy. Commissioner Gort: Next time. Mr. Bush: Next time. Jenna Balfe: Thank you. Hello. My name is Jenna Balfe, and I live at 424 Zamora Avenue, Miami, Florida 33134. I'm the director of Community Programs at Nature Links for Lifelong Learning. I think Greg already explained what we do pretty well. And for me, the most rewarding part of what we do is providing a place for young adults with developmental delays to feel nourished, accepted; and from there, they can go out into the community and be active members of the community; be part of the City of Miami. City of Miami Page 8 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 And that's really our goal and we're starting to get to that place, and that.s why we're here today to ask for your support. We're playing a video. Right now, it's without sounds. Should 1-- can 1 start it over? Commissioner Gort: Sure, go ahead. Ms. Balfe: Thankyou. Would you help me? Thankyou so much. Note for the Record: A video presentation was made. Ms. Balfe: Thank you very much. Commissioner Gort: Thankyou. Francisco Herretes: Hello. Good morning, Chairman Hardemon, Commissioners, City Manager. My name is Francisco Herretes, 6334 Northeast 2nd Avenue. I'm executive director for Downtown Little Haiti Stakeholders; property owner and business owner association in Little Haiti along the Northeast 2nd Avenue Corridor. I'm also director of Miami Mountains Foundation, a small local nonprofit, promoting art and community outreach. I'm here to strongly support item CA.11 for City of Miami to accept the conveyance from Miami -Dade County of the vacant median lot located at Northeast 2nd Avenue and 62nd Street ibr the installation of a public art exhibit, in accordance with the Citv's new public art initiative. Our community's proposed project jor this important, but currently underused median is named "Haiti, Land of High Mountains," in memory of victims of the Haiti earthquake. It is an award -winning permanent art intervention to transform the overlooked median and bus stops into the gateway to Little Haiti, a unique and dynamic outdoor cultural space, free and open to all audiences. Haiti improves mobility, transportation and walkability in Miami, with urban enhancements, including a doyen new trees for shade, comfortable benches to appreciate art and wait for buses, a drinking fountain water refill station, and new lighting; serving almost 1,000 bus riders, pedestrians, church and park goers per day. The median will be a memorial to over 300,000 lives lost, and millions displaced in the devastating Haiti earthquake, exactly seven years and two weeks ago; sadly, a tragedy that directly affected family and friends of our resilient Haitian community. Together with the City of Miami and Miami -Dade County, we will make Haiti a permanent landmark that recognizes the influence of Haitian culture in the U.S. (United States), and contributes directly to identify the area as Little Haiti, which is key to building the new Arts and Culture District in Miami. I want to thank Chairman Hardemon for sponsoring this item; and his staff at District 5, for supporting this great project, and for always supporting our Little Haiti community. Thank you. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I'm in favor of the DI.1 and you have in the agenda for more beds for homeless. We seen an increasing of homeless in our neighborhood. We talking about now they are moving from areas that was not so visible, like really visible, next to the houses, behind the alleys in the Shenandoah, the Roads area. And sometimes, I believe Sergeant Bernat is having a little bit trouble when they don't have enough beds, hut in the same time, I want you guys to please think about not just having beds for the homeless, hut any other way for us to help them trying to get a job, a part-time job, which is really impair for -- in order to us to help them; not just giving them a bed for a night, but maybe something -- a long term. And I want to just thank Commissioner Carollo and Commissioner Francis for the help that they are giving us for the Shenandoah Day that we having this Saturday, and for those -- the Mayor, the City Manager, all the parks, Kevin. It is make a difference. The first one that we did three years ago, it was just us. And even though we have a lot of people coming up, last year; with your help, was great. But I believe that this year; with all the combination of everybody who's giving a hand, it was really, really helpfid. So I really want to thank both of you for your efforts. This is really amazing what our people City of Miami Page 9 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 can do when they are -- get together, and the City is giving a lot of hands. So Daniel Alfonso, even though we bothered you all the time, we going to keep to bother you, anyways, but thank you. We really appreciate your assistance. It really makes a different, and it make us -- that event be way, way easier. Thank you. Chair Hardemon: Thank you. Is there any other person that'd like to speak for public comment? Seeing none, I'm going to close the public comment section for today. City of Miami Page 10 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1665 Commissioners and Mayor PERSONAL APPEARANCE BY DESIREE DIAZ REGARDING RIVERSIDE ELEMENTARY ADULT EDUCATION CENTER. RESULT: PRESENTED Chair Hardemon: We have one personal appearance item of Riverside Elementary. And, I'm sorry, your name escaped me. I don't have it written down here. I must admit that I thought there was going to be a older woman about Riverside Elementary that was corning in, but you're recognized, ma'am. Can you please state your name, your address, and you have five minutes to address this Commission. Desiree Sardo-Diaz: Good morning. Desiree Sardo-Diaz. I'm the assistant principal at Miami Springs Adult Education Center at Riverside Elementary School, located at 1190 Southwest 2nd Street. I just wanted to come and create some awareness about our new program. Miami Springs Adult Education Center is a Miami -Dade County Public School Adult Education Center. We are the largest program. We have six campuses and many off -sites. One of our campuses is Riverside Elementary. It's a fairly new program. At night, we do have ESOL (English for Speakers of other Languages) classes for many people in the community who need to learn how to speak English; immigrants that come from other countries. We also have a new program called GED (General Education Development) in Spanish, where students learn how to take the GED test. Adults and young students both can take the GED test in Spanish, and that is their entryway into other opportunities, like vocational school, Miami Dade College, and things of that sort. So we have classes Monday through Thursday, from 6 to 9:30 p.m. Most classes are $30 for three months. Many people qualify for a program called SAVES (Skills for Academic, Vocational and English Studies), which is a free program for students and community members that have parole. Mostly Cubans and Haitians qualify for this program; and all others that don't qualify for this program, the program is only $30 for three months. So I'm here today, just creating awareness. I wanted to talk to you about the program. Any assistance that you could provide for us getting the word out; flyers, we have, which is in your packets. And we have banners that we could place in the parks; any recommendations that you have for us to get the word out, we're here to help the community, and just educate all of our community members. Commissioner Gort: Mr. Chairman. Ms. Sardo-Diaz: So thank you. Chair Hardemon: You're recognized, sir. Commissioner Gort: A suggestion is get in touch with the NET (Neighborhood Enhancement Team) Offices, and they should be able to distribute that; at the same time, some people can get a scholarship that live in District 1. Ms. Sardo-Diaz: Okay. Commissioner Gort: And do you have any other schools, outside of the one in Riverside? City of Miami Page 11 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Sardo-Diaz: Not in -- not here. Commissioner Gort: Not within the City of Miami? Ms. Sardo-Diaz: I have Miami Springs, Hialeah, and Cutler Bay. Commissioner Gort: Okay. All right. Okay. So they would have to go to Riverside? Ms. Sardo-Diaz: Yes. Commissioner Gort: All right. Ms. Sardo-Diaz: Thank you. Chair Hardemon: All right. Ms. Sardo-Diaz: Okay. Thank you for the opportunity, everyone. Chair Hardemon: Thank you so much. END OF PERSONAL APPEARANCES City of Miami Page 12 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.1 1520 Department of Police CA.2 1531 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, ENTITLED "PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN 2017"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE UNIVERSITY OF SOUTH FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO BE USED TO REIMBURSE THE CITY OF MIAMI FOR OVERTIME EXPENSES, IN AN AMOUNT NOT TO EXCEED $60,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-17-0037 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "2016-2017 U.S. MARSHALS SERVICE", AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND OBLIGATION DOCUMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ACCEPTANCE OF REIMBURSEMENT FUNDS IN THE AMOUNT OF $100,000.00, FOR THE CITY OF MIAMI POLICE DEPARTMENT'S PARTICIPATION IN THE REGIONAL FUGITIVE TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FUTURE FUNDING AND DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-17-0038 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." City of Miami Page 13 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.3 RESOLUTION 1500 Department of General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING THIRTEEN (13) FORD CROWN VICTORIA POLICE INTERCEPTORS, RANGING IN MODEL YEAR FROM 2007 TO 2008, AS DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS CATEGORY "A" SURPLUS STOCK; AND DONATING SAID VEHICLES TO THE CITY OF SWEETWATER, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. ENACTMENT NUMBER: R-17-0039 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 1490 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE INCREASE IN CAPACITY BEYOND THE CITY MANAGER'S AUTHORITY, AND RETROACTIVELY APPROVING EXPENDITURES OVER AND ABOVE THE CURRENT AMOUNT OF $50,000.00 FOR INVITATION FOR BID NO. 325289, RADIATOR REPAIRING AND RECORING SERVICES, WITH A B C RADIATOR & AIR, INC.; 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; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-17-0040 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." City of Miami Page 14 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.5 RESOLUTION 1560 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ORDINANCE NO. 13629, APPROVING THE CITY MANAGER'S RECOMMENDATIONS FOR HEARING OFFICERS, ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A", TO RESOLVE PROTESTS FILED UNDER CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH HEARING OFFICER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER DOCUMENTS INCLUDING AMENDMENTS AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0041 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." CA.6 RESOLUTION - Item Pulled from Consent 1517 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SECOND OPTION TO RENEW THE CONTRACT WITH SFM SERVICES, INC. FOR A ONE (1) YEAR PERIOD FOR FISCAL YEAR 2017-2018, IN AN ANNUAL AMOUNT NOT TO EXCEED $318,668.00, FOR THE PROJECT ENTITLED "DR. MARTIN LUTHER KING JR. (MLK) BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING CONTRACTS, M-0109"; FURTHER, ALLOCATING FUNDS FOR SAID SECOND YEAR OPTION TO RENEW FROM ACCOUNT NO. 20-650003 (SPECIAL REVENUE). ENACTMENT NUMBER: R-17-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Chair Hardemon: CA.6. Juvenal Santana: Good morning. Juvenal Santana, director of Public Works. CA.6 is a resolution approving the second option to renew for the traffic circle and Martin Luther King Boulevard Maintenance contract. Chair Hardemon: Motion -- Commissioner Suarez: Move it. City of Miami Page 15 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: It's been properly moved and seconded by the Chair. It was -- Commissioner Carollo: Yeah. Chair Hardemon: -- discussion? Commissioner Carollo: I put it for discussion. Chair Hardemon: Okay. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, I have no problem, whatsoever, with beautifying certain streets, especially this one. The issue that I have is with this FMM contract, because we already have the Greater Miami Service Corps doing the maintenance of this area. So even in our own background, it stipulates that this is going to be redundant. And I remember from when we first gave the contract to the Greater Miami Service Corps, we talked about how we would want to give, you know, a contract to this type of organizations that, you know, helps out - of -school youth between the ages of 18 and 24, and it's a cost-effective way of doing this type of maintenance. I actually remember that you specifically mentioned that we would want to help these type of organizations, and what we don't want is these big corporations that have these, you know, big contracts actually getting the work. So here we have this big corporation -- or at least a 300 and some thousand dollar contract jOr work that's already being done by the Greater Miami Service Corps. Chair Hardemon: Before -- you want to address it, Mr. Manager, or --? Whomever. Daniell Alfonso (City Manager): Yeah. Commissioner -- Chair Hardemon: It's a misunderstanding. Mr. Alfonso: -- the contract with Greater Miami Service Corps currently has expired. We are probably going to be working to bring them back, but this company doesn't only work in this area. So this contract is all encompassing so that we can do that area, but they also work in other areas. Commissioner Suarez: Mr. Chair. Commissioner Carollo: Well -- Commissioner Suarez: Let him finish. Chair Hardemon: Hold on. Commissioner Carollo: Yeah. Thank you, Mr. Chairman, because I do want to follow up. Well, I will want to offer this type of contract to the Greater Miami Service Corps. Chair Hardemon: This -- go ahead. Commissioner Carollo: Which is in line with what they do. And in all fairness -- Mr. Alfonso: As a -- Commissioner Carollo: -- why not give, you know, young youth; especially when, you know, we're trying to give the youth an opportunity? Why not give them an opportunity to, you know, obtain a contract like this, especially when they've done it before? City of Miami Page 16 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: So as I understood, the Greater Miami Service Corps, they are the ones that maintain the Martin Luther King Boulevard, the Butterfly Garden and such Mr. Santana: That's correct, Chairman. Chair Hardemon: -- today. So the way that the contract was set up was that there was an award that was given, but then there's a -- offers of a subcontract that goes to Greater Miami Service Corps, because I know that on Martin Luther King -- on the celebration of his birthday, we were there on -- with the Greater Miami Service Corps, servicing MLK (Martin Luther King) Boulevard. And so, is that -- that's still true that this contract would allow them to continue to service that boulevard; is that correct? Mr. Santana: That's correct. And if I can clam a little of the confusion. When this contract was originally bid, it was titled "MLK Boulevard Service Contract and Traffic Circles." Once Greater Service -- Commissioner Carollo: Still is. Mr. Santana: We have not changed and -- Commissioner Carollo: Still is. Mr. Santana: -- the name of the contract remains the same. When the Service Corps can onboard, the services that were being rendered by SFM were pulled, so we don't have a duality of services being rendered. Commissioner Carollo: I'm just going by what your backup material says. It even stipulates here: "Therefore, the exercising of the present option" -- which is this that we're going to vote on -- "will serve only to provide redundancy" -- Mr. Santana: On MLK. Commissioner Carollo: -- so -- Mr. Santana: If for any reason -- Commissioner Carollo: --1 mean, on a $300,000 contract -- 318,000, 1 mean, 1 don't want any redundancy. I want a -- you know; and not to mention, I want to give the opportunity -- if we want to increase it, I want to -- I want Greater Miami Service Corps -- to give them that opportunity. Nzeribe Ihekwaba: If I may. Zerry Ihekwaba, Assistant City Manager. Just Jro clarification, this contract is for the maintenance of 127 traffic circles, spread citywide, all five districts, inclusive of medians; as well as the MLK Boulevard, Northwest 54th Street Butterfly Garden; as well as the impactments [sic] of 1-95 at those locations. The Greater Miami Service Corps was only tasked to maintain the MLK, which is just a subset of the contract. The redundancy that was highlighted was simply to provide an avenue to provide services in the transition period when the contract expired, which expired in December and the City Manager's Office is still working on getting it back onboard again. Now, in order to avoid disruption of services, you still need this contract to be in place for that portion of MLK If we were to delete it, that's not a problem, but we still need to maintain all the traffic circles citywide, which is spread all over the place. City of Miami Page 17 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Carollo: Right. But Mr. Ihekwaba, I don't see that information on here, and it's definitely not itemized what traffic circles are what. What I do read is the title that clearly stipulates, "For the project entitled 'Dr. Martin Luther King, Jr. (MLK) Boulevard and Traffic Circles Landscaping Contract." Mr. Ihekwaba: Yes. Commissioner Carollo: So it's actually very deceiving that this is the language when we're doing it citywide. Mr. Ihekwaba: Okay. Keep in mind that these contracts were not awarded at the same time; one preceded the other. The Greater Miami Service Corps contract came after the. fact. Commissioner Carollo: Regardless -- Mr. Ihekwaba: But that's where the confusion is. Commissioner Carollo: -- regardless, when we're -- Mr. Ihekwaba: So we still re -title the contract and delete "MLK " Chair Hardemon: So what I'm -- well, I'm -- I'll call on Commissioner Suarez, but I'm comfortable, because 1 know that GMSC (Greater Miami Service Corps) has been servicing MLK Boulevard, and I expect that they will continue to service MLK Boulevard with this renewal, and so, that's what I'm comfortable with. Commissioner Suarez. Commissioner Carollo: But this is not about Greater Miami Service Corps. This is about SFM. And now, it troubles me that the Manager has said that the Greater Miami Service Corps' contract is retired -- or it's not up to date or -- Mr. Alfonso: The word is "expired," sir. Commissioner Carollo: Okay, expired. Mr. Alfonso: Yes. We are working to renew it. Commissioner Carollo: So not only do they not have to work; their contract has expired. So, realistically, SFM is going to take over the work that they used to do, and I don't think that's right. Chair Hardemon: Is that true? Is SFM going to take over the work -- Mr. Ihekvvaba: No. Chair Hardemon: -- that GMSC will do? Mr. Ihekwaba: The -- if l understand correctly, the issue is, in the transition period, with the expire [sic] of Greater Miami Service Corps contract in December, between December and when the contract comes back again, we have this as a buffer to provide continuous service in that area. Commissioner Carollo: Exactly. So where -- so, Mr. Chairman -- Chair Hardemon: So when does that contract come by -- come back; Greater Miami Service Corps? City of Miami Page 18 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Ihekwaba: I need to check on that. Commissioner Carollo: So, Mr. Chairman, yes, exactly. So, in essence, they let the contract expire. It has not come back to this Commission. And in the meantime, we're going to let another company go in and do the work for three hundred and some thousand dollars. Okay. Now, there is no backup stipulating that this is citywide and that it's all these other circles, and it is not itemized. We cannot see it -- I haven't seen it in the backup; and not to mention that the title, then, is deceiving if that is the fact, because it clearly says, "For the project entitled 'Martin Luther King, Jr. (MLK) Boulevard and Traffic Circles.'" Chair Hardemon: Commissioner Suarez. Commissioner Suarez: I think this is a citywide contract for maintenance of traffic circles, where they included the possibility of maintaining Martin Luther King Boulevard for a potential gap period between last contract and the future contract, but I have to say this about this specific item: When I got here to the City Commission, there was a private company that had been hired to maintain Coral Way. And I think it was my first or second meeting we decided not to renew that private company's contract, and we were told, "Don't worry about it. We'll handle it in-house." Coral Way looks horrible. Our traffic circles looked horrible. We brought on this company, and our traffic circles look much, much better. I mean, it's night and day in terms of the way that our traffic circles look. And so, for me, I've always been a big proponent of beautification, and, you know, 1 feel like oftentimes, we just don't dedicate any resources -- or enough resources to making sure that our City looks beautiful. When you go to your neighborhoods and my neighborhoods, there's no different expectation. The expectation is the same. The expectation is, "Commissioner, we want you to maintain our neighborhoods beautiful, clean, land" -- "well landscaped," et cetera. Whether that gets done in-house or out -house, to me, it really doesn't matter. What can tell you is they told me in 2009/2010, "Listen, we're going to do Coral Way in-house," and it -- ever since then, it's degradated to the point where now, we're going to be bringing something to do a pilot program in a small part of Coral Way as a total renovation of how Coral Way is going to look like. But in the meantime, they hired a company, which I think is this company, that's been doing the traffic circles for a while, and I can tell you that our traffic circles -- and I won't get into the reasons why, but they were, for me, grading on a scale of 1 to 10, like a 2; maybe 1 and a half. And now they're 7 or 8, which is a -- that huge difference. So to me, whatever they did, whatever decision they made worked. Chair Hardemon: Now, particularly, the reason that the MLK Boulevard was taken away from SFM as -- and granted to the Greater Miami Service Corps -- is because that was something that I particularly asked for, because I wanted the kids in that community to have an opportunity to service that neighborhood, and show pride that we have young people managing that boulevard. Commissioner Carollo: That's why I'm standing up here. Chair Hardemon: No, no, hear what I'm saying. And we've been working very close with Greater Miami Service Corps in bringing those services. And 1 was just -- like 1 said, 1 was just out there for a Martin Luther King, Jr. celebration, and they were there with me, working on the boulevard. Also, I know that currently -- because I was driving on the boulevard -- the irrigation system that was expected for MLK Boulevard to encourage -- so we can have better greenery, and trees, and plants there is being currently installed, as well. And so, everything is moving the way that I expect it to move. I believe that second Greater Miami Service Corps grant came after this passed, and that was the way that we went about doing it. So we said in this City of Miami Page 19 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 contract, SFM continue to service the entire of the City of Miami, except for this part. Don't touch that. We're going to take that -- what was allocated to service that and give it to another group, and that's what I understand we're doing. I'm very comfortable moving forward with that. And I understand why you brought up the concern, Commissioner Carollo, butt think that I'm comfortable move -- with the way I am right now. Commissioner -- Commissioner Carollo: Mr. Chairman. Commissioner Gort: I have two questions. Chair Hardemon: -- Gort. Commissioner Gort: Go ahead. Commissioner Carollo: Mr. Chairman, back in December of 2015, when we had this discussion, you clearly stipulated that you preferred the Greater Miami Service Corps to actually do the work, as opposed to one of these other contractors. Chair Hardemon: Right. This -- we -- Commissioner Carollo: Okay. Well, we're -- what's happening now is that Greater Miami Service Corps' contract expired, and now, we're bringing in this other contractor to do the work. And -- Chair Hardemon: I don't -- I don't -- Commissioner Carollo: -- that's exactly what's happening. Chair Hardemon: No. Commissioner Gort: Okay. Chair Hardemon: I don't think that's what's happening. Commissioner Gort. Commissioner Gort: I have two questions. My understanding in reading this, this is the second one-year option; in other words, the contract, when we approved it, it had all the information, all the service that it was going to provide. And since being the second -year option, 1 guess you didn't put all that backup material. My second question is: The contract expired. Why? They were not told on time? They were not Commissioner Carollo: And why hasn't it come back to this Commission? Mr. Ihekwaba: If I may. Zerry Ihekwaba, Assistant City Manager. This contract for SFM is in its third year; it's been running for three years now. Commissioner Gort: No, no. Commissioner Suarez: He's talking about the -- Commissioner Gort: No, that's not nzy question. Commissioner Suarez: -- Greater Miami contract. Mr. Ihekwaba: Okay. About the Greater Miami Service Corps -- City of Miami Page 20 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: Right. Mr. Ihekwaba: -- this is a contract, more or less, that was sponsored by Commissioner for District 5, the current Chair, which came in just a year ago, in the middle of this SFM contract, and it was only for one year. Chair Hardemon: Okay. So -- Mr. Ihekwaba: It was only for one year; it wasn't Ibr more multi -year renewals. Chair Hardemon: -- let me ask, Mr. Manager, I know you're a friend of Greater Miami Service Corps. Will I see this come backfor renewal? Mr. Alfonso: Yes, Mr. Chairman. I was a member of their board, which I had to leave the board, because I get to approve contracts with them, so we are a friend. I got to say that from a financial standpoint, as you know, it is a little more costly -- or significantly more costly, but we're willing to do that; so, yes, it will come back. Chair Hardemon: Okay. Vice Chair Russell: Mr. Chair. Chair Hardemon: When do you expect it --? Commissioner Gort: Make it part of your motion. Commissioner Carollo: And by the way, I think the Greater Miami Service contract should have come before this contract comes, because what's happening now, in order to have continuity of service, we're giving the work to this contractor. Commissioner Gort: Yeah. Commissioner Carollo: And I think that is wrong. So I understand you may have been a former board member, but you weren't looking out too much for the Greater Miami Service contract, because it should have already been before us back in December, when it expired. Chair Hardemon: So the Chair -- if I could, 1 would like to entertain a motion to accept CA. 6 -- Commissioner Gort: Move it. Chair Hardemon: -- with directions to bring Greater Miami Service Corps -- Commissioner Suarez: It's a very good move. Second. Chair Hardemon: -- to service the MLK Boulevard, as they had been previously doing last year. Mr. Alfonso: Don't worry. Chair Hardemon: It's been moved by -- Todd B. Hannon (City Clerk): Chair -- Chair Hardemon: -- Commissioner Gort. City of Miami Page 21 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Hannon: -- we do have a motion by Commissioner Suarez, with a second by you at 10:30. Commissioner Gort: Okay. Chair Hardemon: Oh, okay. So we'll amend that motion, the first -- the mover and the seconder will amend the motion to include a direction to the City Manager to bring back -- Commissioner Suarez: That's fine. Chair Hardemon: -- GM (Greater Miami) -- Commissioner Gort: Yeah, yeah. Chair Hardemon: -- SC (Service Corps); Greater Miami Service Corps. Mr. Hannon: Madam City Attorney', I don't believe the legislation needs to be amended to adhere to the direction -- Chair Hardemon: No, it's just that -- Mr. Hannon: -- from the Commission, or do you want to amend the legislation? Chair Hardemon: -- its not the legislation. It's just a -- the motion. Commissioner Gort: It's a resolution. (UNINTELLIGIBLE). Victoria Mendez (City Attorney): I don't think the legislation -- I think he was just talking about the motion. Chair Hardemon: Yeah. Ms. Mendez: Right? Mr. Hannon: Understood. Ms. Mendez: Okay. Chair Hardemon: So no modification to the legislation. Is there any further discussion? Seeing none, all in favor, say "aye." Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Suarez: Aye. Commissioner Carollo: No. Chair Hardemon: Motion passes. City of Miami Page 22 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.7 RESOLUTION 1526 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A COVENANT RUNNING WITH THE LAND ("COVENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR NON-STANDARD IMPROVEMENTS WITHIN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY") AND STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTHEAST/SOUTHWEST 7TH STREET AND SOUTHEAST/SOUTHWEST 8TH STREET AND SOUTHWEST 1ST AVENUE, SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA, AND FOR WHICH THE CITY WILL ENTER INTO AN INTERLOCAL AGREEMENT(S) WITH THE COUNTY AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY WITH BRICKELL CITY CENTRE PROJECT, LLC. ENACTMENT NUMBER: R-17-0042 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." CA.8 RESOLUTION 1525 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90/SOUTHWEST 8TH STREET/US-41 FROM SOUTHWEST 1ST AVENUE TO SOUTHEAST 1ST AVENUE AND SR-90/SW 7TH STREET/US-41 FROM SW 1ST AVENUE TO SE 1ST AVENUE, MIAMI, FLORIDA AND TO INCLUDE PAINTING THE MAST ARMS POWDER COATED FLAT BLACK. ENACTMENT NUMBER: R-17-0043 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." City of Miami Page 23 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.9 RESOLUTION 1527 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A", TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON- STANDARD IMPROVEMENTS INCLUDING PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES, ROADWAY LIGHTING, LANDSCAPE AND DECORATIVE LIGHTING WITHIN THE STATE ROAD ("S.R.") RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF S.R. 5/US-1/US-41/SOUTHEAST 2ND STREET FROM SOUTHEAST 3RD AVENUE TO SOUTHEAST 2ND AVENUE, AND S.R. 5/US-1/US-41/SOUTHEAST 2ND AVENUE FROM SOUTHEAST 2ND STREET TO SOUTHEAST 3RD STREET, MIAMI, FLORIDA, AS STATED HEREIN. ENACTMENT NUMBER: R-17-0044 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End Consent Agenda." CA.10 RESOLUTION - Item Pulled from Consent 1502 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE ("NPS"), ACTING THROUGH THE SUPERINTENDENT OF BISCAYNE NATIONAL PARK ("PARK"), FOR THE PARK - AUTHORIZED CONCESSIONER ("CONCESSIONER"), WHO WILL PAY THE CITY THE APPROVED COMMERCIAL DOCKAGE RATE AND TICKET SURCHARGE FEES TO OPERATE BOAT TOUR SERVICES FROM DINNER KEY MARINA TO THE PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", IN SUBSTANTIALLY THE ATTACHED FORM, AND MADE A PART HEREOF, PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH THE CONCESSIONER TO MEMORIALIZE THE MOU TERMS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-17-0053 of MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: CA.10. City of Miami Page 24 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Daniel Rotenberg (Director): CA.10. Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. CA.10 is a resolution of the Miami City Commission, authorizing the City Manager to execute a memorandum of understanding between the City of Miami and the United States Department of Interior; more specifically, the National Park Service. This is for the purpose of a slip, which the Government and the Park Service will run an RFP (Request for Proposals), and will have a boat doing tours over at Biscayne National Park, over in - - and that's Stiltsville. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Mr. Chair. Mr. Rotenberg, I simply pulled it because I wanted to hear more about it, and make it public. I think it's a potentially excellent program, and a service that can be available to our residents. So there will be a boat slip at Dinner Key Marina, behind City Hall, where residents can take a tour of Biscayne National Park. Mr. Rotenberg: Correct. Vice Chair Russell: And is the City providing any of the services or space for free, or are they covering it in a normal boat slip lease? Mr. Rotenberg: It's going to be at our usual rate. I believe this one's going to be at $35 a foot, which is the normal transient rate over at the Dinner Key Marina. I have to check to make sure it's not at a long-term rate. They will be getting a revocable license, so they will be able to continuously provide us for as long as they want to and we want them to. I don't know the size of the boat at this point that they're going to use, or the winning operator's size of their boat, so I can't predict. If it was a 65-foot vessel and we had $35 per foot, it would be about $2,275 a month; plus a surcharge, which is roughly $2.65, which is another 172 bucks a month. Vice Chair Russell: Thank you. Mr. Rotenberg: At the end of the year, we might make a little over $28,000. Vice Chair Russell: And do we have space within the marina, or we -- we're not having to displace any other vendor to put them there, or any other concessionaire? Mr. Rotenberg: We're not displacing anybody. This will be taking a transient spot, which is available. Vice Chair Russell: And is there a timeline for them to come in? Have they expressed when they're going to start? Mr. Rotenberg: We've been working with them for the last year. They want to begin this as soon as possible. We have to give them permission to use the slip for them to issue the RFP. 1 don't know what their timeline is. Vice Chair Russell: Thank you. I'll move it. Chair Hardemon: It's been properly moved. Commissioner Gort: Second. City of Miami Page 25 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Suarez: Second. Chair Hardemon: And seconded. Is there any further discussion on CA.10? Seeing none, all in favor, say "aye." The Commission (Collectiveiv): Aye. Chair Hardemon: Motion passes. CA.11 RESOLUTION 1521 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A MIAMI-DADE COUNTY ("COUNTY") DEED, IN SUBSTANTIALLY THE ATTACHED FORM, THE CONVEYANCE FROM THE COUNTY TO THE CITY OF MIAMI ("CITY"), AT NO COST, OF CERTAIN VACANT LAND, CONTAINING APPROXIMATELY SIX THOUSAND FIVE HUNDRED THIRTY-FOUR (6,534) SQUARE FEET, LOCATED AT THE SOUTHEAST CORNER OF NORTHEAST 2ND AVENUE AND NORTHEAST 62ND STREET, MIAMI, FLORIDA, FOR THE ERECTION OF A PUBLIC ART EXHIBIT, IN ACCORDANCE WITH THE CITY'S ART IN PUBLIC PLACES INITIATIVE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. ENACTMENT NUMBER: R-17-0045 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.11, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 26 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.12 RESOLUTION 1482 Office of Grants Administration CA.13 1532 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT AWARD FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD D/B/A CAREER SOURCE SOUTH FLORIDA ("SFWIB") IN A TOTAL AMOUNT NOT TO EXCEED $350,000.00 ("GRANT") TO CARRY OUT THE CAREER SOURCE SOUTH FLORIDA EMPLOY MIAMI-DADE INITIATIVE FROM NOVEMBER 1, 2016 THROUGH JUNE 30, 2017 ("INITIATIVE"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "CSSF EMPLOY MIAMI-DADE 2017" TO ACCEPT AND APPROPRIATE THE GRANT IN AN AMOUNT NOT TO EXCEED $350,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COST REIMBURSEMENT GRANT AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY OTHER NECESSARY DOCUMENTS, AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0046 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.12, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF $175,000.00 TO PAY JOCELYNNE ROSA, INDIVIDUALLY AND ON BEHALF OF D.E., A MINOR, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI ("CITY") IN THE CASE OF JOCELYNNE ROSA, INDIVIDUALLY, AND ON BEHALF OF D.E., A MINOR V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 10-043982 CA 01 (02), UPON THE DISMISSAL OF THE CITY WITH PREJUDICE, ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-17-0047 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.13, please see "End of Consent Agenda." City of Miami Page 27 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CA.14 RESOLUTION - Item Pulled from Consery 1565 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE POSSIBLE RELOCATION OF THE CORPORATE HEADQUARTERS OF MAKE -A -WISH FOUNDATION OF SOUTHERN FLORIDA, INC. ("MAKE -A -WISH OF SOUTHERN FLORIDA"), A FLORIDA NOT FOR PROFIT CORPORATION, TO CITY OF MIAMI ("CITY") OWNED WATERFRONT PROPERTY LOCATED IN THE BISCAYNE BAY AREA, SUBJECT TO ANY AND ALL PRIOR WRITTEN APPROVALS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR ("U.S. DEPARTMENT OF THE INTERIOR"), THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION") REGARDING THE RELATED SUBMERGED LANDS LEASE AND SUBLEASE AT THE FACILITIES AND PROPERTIES CONSIDERED, AND COMPLIANCE WITH CITY CHARTER AND CODE PROVISIONS AND REFERENDUM REQUIREMENTS, AS AMENDED, AND ANY AND ALL OTHER APPLICABLE LEGAL REQUIREMENTS; URGING THE U.S. DEPARTMENT OF THE INTERIOR AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO SUPPORT AND APPROVE SAID RELOCATION; FURTHER URGING THAT MAKE -A -WISH OF SOUTHERN FLORIDA SEEK THE COOPERATON OF SHAKE -A - LEG MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, AND PRIME MARINA GROUP LLC, A FLORIDA LIMITED LIABILITY COMPANY, WITH SAID RELOCATION OF ITS CORPORATE HEADQUARTERS; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-17-0054 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: CA.14. Vice Chair Russell: I -- thank you. I simply pulled this item so that there could be further clarification on exactly what is planned here. If Mr. Rotenberg or the Mayor could simply introduce the item, I'll potentially offer a slight amendment. Chair Hardemon: Mr. Mayor? Mayor Tomas Regalado: Thank you, Mr. Chairman, Mr. Vice Chair, Commissioners. The item that you have in front of you is kind of aspirational in giving the Administration the possibility of communicating with the State of Florida to look at the possibility, as you see in the narrative of the item, of moving the headquarters of Make a Wish Foundation. The history behind that is that the State Board of Make a Wish Foundation decided that they need to move their headquarters from West Palm to south -- more south. They were looking at something in Broward. Some of the City of Miami Page 28 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 board members who are residents of the City of Miami came and saw the facilities that Shake -a -Leg had -- has had for decades, and they thought that it would be fantastic for those two organizations to co -exist within the boundaries of this property. As a matter of fact, in -- my understanding is that in one of the board's meeting, the fact that Shake -a -Leg takes care of children with disability, and the fact that Make a Wish provides the ultimate wish for children that are really, really sick, would make a perfect match. And they have raised $18 million, is my understanding - Unidentified Speaker: 13. Mayor Regalado: -- I don't know if that is the exact number, but it's around that -- to build a new facility, and they are very enthusiastic, because by bringing the Wish House and the offices to this area, they can partner with Shake -a -Leg on the activities that they do in the hangar and in the docks, and kind of use one organization with another and support each other. Basically, this is the very baby step to start the process. We just need to find out with the State of Florida. And, of course, everything, of course, will have to come back to the City Commission, even -- and they understand that -- a public referendum whenever that is possible. So that's, in essence, what this and -- resolution does. And the fact is that what this resolution serves is for the board members to see about the possibilities of having the headquarters here in Coconut Grove. And, of course, there's going to be a lot of conversations, a lot of public input, many, many, many meetings to come. But it's -- this just give the Administration the possibility of talking to the State of Florida. ChairHardemon: Thank you, Mr. Mayor. Chairman -- Vice Chairman. Vice Chair Russell: Thank you, Mr. Mayor. There's no doubt amongst anyone on this Commission, I'm sure, as well as the community that Make a Wish Foundation is -- would be an excellent tenant, an addition to the area. The idea that they'd like to move their corporate office, which I understand about 30 people to the area, is also a great thing. And the fact that they've already raised $13 million of the 20 to do this is great. As we know, however, with waterfront leases in Coconut Grove, anything can happen. And so, we want to make sure we follow a process that we have the buy -in of the community and of the existing lessees that are there; in particular, Shake -a -Leg. I want to make sure that they feel very, comfortable that their home in Coconut Grove and there at the -- at their facility is not threatened in any way. So we've held two meetings with them. Mr. Rotenberg's been very helpfid organize and facilitate those, and I do see a synergy between them. I do see a cooperation between them, and Harry, from Shake -a -Leg, is very happy to be at the table and involved with this. Also, I believe, as the Wish House that they would like to construct would most likely go within the parking lot that is between Monty's and Shake -a -Leg, obviously MPA (Miami Parking Authority) will be involved. We should probably also involve discussion with the lessee at Monty's, which is, I believe, Prime Marina Group, so that they're very aware, because they're doing a lot of investment in that parking lot area, as well, so that there's full cooperation amongst all. I see this as working; I just want to make sure that they're all at the table, and that the community's very aware of what we're trying to do. I would simply offer an amendment within the first sentence, right after it says that, "The Miami City Commission supports the possible relocation of the corporate headquarters of Make a Wish Foundation of Southern, Florida, Inc., a Florida not -for -profit corporation," right there, I'd like to add: "In cooperation with existing lessees, including Shake -a -Leg and Prime Marina Group'; other than that, I'd be happy to move it. Commissioner Gort: Second. Commissioner Carollo: Second. City of Miami Page 29 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Properly moved and seconded. Commissioner Gort. Commissioner Gort: I mean, Shake -a -Leg for a long time -- since I was here the first time, and I think it provides good service, and they've always been in need of funds. So I think this can be a -- I'm sure, they want to do the right thing. They can get together. They can be a support and help each other, and I think it'd be good. And like you said it before, people got to sit down, got to look at -- see where the benefit Jroeach one. Chair Hardemon: Any further discussion? Commissioner Carollo: Yes, Mr. Chairman, real quick. I just want to verify with our City Attorney that this is to explore the possibility of their relocation; anything -- any details would have to come back to this Commission, correct? Mayor Regalado: Clearly. Ms. Mendez: Yes. Mayor Regalado: Everything; anything and everything. Commissioner Carollo: Yeah. I just want to make sure that, for the record, we had it Vice Chair Russell: Mr. Mayor. Mayor Regalado: And end up in a referendum. Vice Chair Russell: That was my other point. Ms. Mendez: It is aspirational. This is just that the Commission -- as you've said in the past, you want to be involved in these type of decisions, so that's why the Mayor brought -- Commissioner Carollo: Understood. So, really, what you're doing -- what we're doing here is just saying, "Yes, we want to explore the possibility of them relocating." Mayor Regalado: Right, exactly. Ms. Mendez: Exactly. Chair Hardemon: Okay. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): As amended. END OF CONSENT AGENDA Chair Hardemon: Is there a motion to approve the consent agenda? City of Miami Page 30 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Suarez: So moved. Vice Chair Russell: I'd like to pull an item or two, please. Chair Hardemon: To discuss or to move separately? Vice Chair Russell: To discuss. Chair Hardemon: Okay. Vice Chair Russell: From the consent agenda. Chair Hardemon: So the motion on the .floor right now is to approve the entire consent agenda? Vice Chair Russell: No, no, to amend. There'll be an amendment. Chair Hardemon: Okay. Commissioner Suarez: He wants to pull one. Which two you want to pull? Vice Chair Russell: CA.10, CA.14. Commissioner Suarez: So I move the entire consent agenda, except for CA.10 and CA.14. Commissioner Carollo: I want to pull CA.6. Commissioner Suarez: And CA.6. Chair Hardemon: Okay. Is there any other -- is there -- the Chair seconds. You said 6,10,and 14? Vice Chair Russell: Yes, sir. Chair Hardemon: That are not being -- Commissioner Gort: Second. Chair Hardemon: -- heard right now. Is there a motion to approve -- I mean, I'm sorry. We have the motion. Is there any other discussion? Commissioner Gort: Second. Chair Hardemon: Hearing none, all in favor; say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 31 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1529 Department of Parks and Recreation 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 RECOMMENDATIONS AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE ATTACHED PROGRAMMING PARTNERSHIP AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2021, WITH ONE (1) OPTION TO RENEW FOR A THREE (3) YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,675.00; ALLOCATING FUNDS IN AN ANNUAL AMOUNT NOT TO EXCEED $100,675.00 FOR THE PERIOD FROM 2016 TO 2021 FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000 WITH FUTURE FISCAL YEARS FUNDING SUBJECT TO BUDGETARY APPROVAL. ENACTMENT NUMBER: R-17-0048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: One second. Okay. Before we tackle that, is there -- can we entertain -- is there a motion to approve the public hearing section? Commissioner Suarez: So moved. Commissioner Gort: I'm sorry, what was that again? Vice Chair Russell: Public hearing. City of Miami Page 32 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Motion to approve the public hearing agenda. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded to approve the public hearing. Todd B. Hannon (City Clerk): Excuse me, Chair. Before you do the vote block on PH1 through PH4, it's my understanding that PH.3 needs to be amended; the exhibit. Chair Hardemon: Is there an amendment to the exhibit in PH.3? Barnaby Min (Deputy City Attorney): Mr. Rotenberg, I believe, is handing out -- Commissioner Suarez: PH.3, as amended. Daniel Rotenberg (Director): The amendment on -- Daniel Rotenberg, Real Estate & Asset Management. The amendment on the floor is a minor change to the survey. The surveyor left off a portion that was less than a hundred square feet that we added back on. Chair Hardemon: So the motion has been made, seconded, with the amendment -- Commissioner Suarez: Correct. Chair Hardemon: -- for PH.3. Any further discussion on PH.1 through PH.4? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 33 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PH.2 RESOLUTION 1530 Department of Parks and Recreation 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 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH THE DEPARTMENT OF PARKS AND RECREATION, AND NATURE LINKS FOR LIFELONG LEARNING ("NL"), FOR THE PURPOSE OF ESTABLISHING A COOPERATIVE EFFORT TO PROVIDE YOUNG ADULTS WITH DISABILITIES BETWEEN THE AGES OF EIGHTEEN (18) AND THIRTY (30) CONTINUING VOCATIONAL EDUCATION THAT WILL ALLOW THEM TO ACQUIRE SKILLS THAT WILL LEAD TO EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AFFILIATING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PERIOD COMMENCING JANUARY 1, 2017 THROUGH DECEMBER 31, 2018, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR UNDER THE SAME TERMS AND CONDITIONS. ENACTMENT NUMBER: R-17-0049 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 PH.2, please see Item PH.1. City of Miami Page 34 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PH.3 RESOLUTION 1549 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING TO MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY"), IN CARE OF THE PUBLIC HEALTH TRUST OF THE COUNTY, A CITY OF MIAMI ("CITY") OWNED PROPERTY ON NORTHWEST 19TH STREET BETWEEN NORTHWEST 10TH AVENUE AND NORTHWEST 12TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONTAINING A RESERVATION OF A PERPETUAL EASEMENT FOR THE CITY AND A REVERTER PROVISION WITH TERMS MORE PARTICULARLY DESCRIBED IN SAID DEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE CONVEYANCE, WITH SUCH TERMS AS MAY BE AMENDED FROM TIME TO TIME BY THE CITY MANAGER AS DEEMED NECESSARY TO BEST SERVE THE INTEREST OF THE CITY. ENACTMENT NUMBER: R-17-0050 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PI1.3, please see Item PH.1. PH.4 RESOLUTION 1611 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, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00 TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY YOUTH LEADERSHIP ACADEMY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0051 City of Miami Page 35 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 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 PH.4, please see Item PH.1. END OF PUBLIC HEARINGS City of Miami Page 36 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 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: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.1 was deferred to the April 27, 2017 Planning and Zoning Commission Meeting. FR.2 ORDINANCE First Reading 1112 Department of Planning and Zoning 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 AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM", TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2017 FOR GOVERNMENT OWNED AND OPERATED USES ONLY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: FR.2. Madam City Attorney, can you read it into the record? The Ordinance was read by title into the public record by the City Attorney. Commissioner Suarez: Move it. City of Miami Page 37 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any further --? Commissioner Gort: Discussion. Chair Hardemon: Is there any discussion first? You're recognized, Commissioner Gort. Commissioner Gort: (UNINTELLIGIBLE). It's something we brought in about five years ago. We have a lot of businesses within the area, like the Little Havana, Allapattah and Flagami, with the -- people have had the CU (certificate of use) for a while, and somehow, the -- during the financial crisis, a lot of the people went out of business, and then when things came back, a -- they decided to rent buildings, and with the change of the zoning to Miami 21, a lot of the people the CU they could use, they were not able to apply the same use that they had before, so that's why we put this together. Now we doing this for government, and my understanding is any building that does not have a CU do not get inspected by the Fire Department. I have a problem with that, because the -- a lot of individuals are running their business without a CU. I would like to do it, not only for the public facility; but also for the private facility, on a one-to-one case, and that's the way it worked in the past. Somebody had a previous CU that was lost, because after one year, they didn't pull the CU, and the person renting the building or the establishment wanted to rent it again for the same use, and they were not able to apply the same use. So they had to go through a procedure with -- who were allowed to do so, and then, they can also get inspected. Now my understanding is, public facility, that they don't have the CU -- and correct me if I'm wrong; I might be wrong -- if they don't have the CU, the Fire Department does not inspect, so. Joseph Zahralban: Commissioner Joseph Zahralban, Deputy Fire Chief. We will, if we're looking at life safety issues, even throughout the construction process, there will be steps along -- steps throughout the process where we will send an inspector, in order to evaluate them. Commissioner Gort: No, I know. I understand, but this is existing buildings; they're existing. Daniel J. Alfonso (City Manager): So if an existing building is there, and the CU has expired or whatever -- Commissioner Gort: And they don't have a CU. Mr. Alfonso: -- they don't have a CU. Do you normally do safety checks on different buildings or whatever? Mr. Zahralban: We -- I believe what the Commissioner is saying is, normally, that CU might trigger the inspection process, but if we come upon a building that we recognize we have not inspected for any particular reason, we will not overlook that building because it doesn't have a CU. We will inspect the building, and then report it, accordingly. Victoria Mendez (City Attorney): Which is what's happened lately. Eloy, who's our Fire marshal, and has the nickname, "The Hammer," he basically has found properties that are not in compliance, and gone in to try and figure out what's going on, whether it has a CU or not, and that's why this has come about that so many more buildings are coming into compliance, because of his efforts. City of Miami Page 38 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: Well, by having a noncompliance on government buildings, it's a problem. Unidentified Speaker: Yeah. Commissioner Gort: Because, I mean -- Ms. Mendez: And many have come into compliance because of -- Commissioner Gort: Let me give you just a few examples. The courthouse. Mr. Alfonso: That is exactly what came up, Commissioner. We were talking to the County at one point, and realized that a building that's been in use -- continuous use as a courthouse since the late '20s does not actually have a certificate of use. So we became aware of that. There's a process that we are undergoing so that we get them into compliance. Commissioner Gort: I don't have any problem with that, but I'd like to extend it, also, to the private sector. Ms. Mendez: So then you'd like to reinstate the -- Commissioner Gort: I'd like to amend it to reinstate the private sector have the ability to do so, because we have a lot of businesses in a lot of the old neighborhoods that, during the depression that took place, people went into bankrupts, business were closed; and now, people are coming back, and when they rent, they would like to have the same use that it was before. Ms. Mendez: And, Commissioner, for that, we would have to bring back -- Basically, what you want is the old ordinance that we had that established this. Commissioner Gort: Amend this one. Ms. Mendez: We can't amend this one now for second reading, but we could bring you a new one on February 9. Commissioner Gort: Well, that's what I'd like to see. Vice Chair Russell: This is first reading. Chair Hardemon: This is first reading. Commissioner Suarez: This is first reading. Ms. Mendez: Yes, this is first reading, but we could bring a new ordinance. We can't amend this one. We can't expand this one because this is just talking government uses, and we can't add new private uses. That's a (UNINTELLIGIBLE) issue. So we could bring a new ordinance. Chair Hardemon: So we could withdraw this one? Do you withdraw this one? Commissioner Suarez: No, no, no. We can -- Chair Hardemon: We can pass this one and bring another one. Got it. Commissioner Suarez: Yeah, yeah, we could pass it. City of Miami Page 39 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Mendez: We'll defer this one till February 9, and if anything, we'll -- Commissioner Suarez: That's fine. Ms. Mendez: -- combine -- Commissioner Suarez: Yeah, yeah, yeah. Chair Hardemon: It's no need to be (UNINTELLIGIBLE). Commissioner Suarez: We'll pass it. Well past it; then they could bring another one. Ms. Mendez: Okay. Commissioner Suarez: Yeah. Chair Hardemon: Right. And it'll -- Ms. Mendez: We'll pass this one, then, on first reading. 171 bring a new one on February 9 to address Commissioner Gort's issue. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. Do we have a list of all affected buildings for this particular ordinance? Ms. Mendez: You mean the government buildings that are being --? I'm sure the Administration could come up with a -- Vice Chair Russell: Thank you. I'm comfortable on first reading, but I'd like a list for second reading. And it may be a little more unwieldy, but it is important to take a look at what we're dealing with. For the private sector, what would that list look like? Mr. Alfonso: Well, for the private sector, it's a lot more extensive, so I definitely would like our Planning & Zoning to -- Commissioner Gort: Right. Mr. Alfonso: -- opine on that, and that's why 1 think it's best to separate these two. For government buildings, it's a limited group of buildings. For the private sector, it's an unknown universe, so. Vice Chair Russell: But you can get a list for second reading on this one, right? Commissioner Suarez: It's known universe, hut it's a big universe. It's got to he a known universe. Mr. Alfonso: It's a fairly sizable universe of government buildings, 1 understand. Commissioner Suarez: Right, right. Mr. Alfonso: But -- Commissioner Suarez: I gotcha. City of Miami Page 40 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: By the way, the private sector was already -- had been established, so they had to go through a process, a long process, before they can get approved. Commissioner Suarez: Could I just --? I mean, we -- I don't want to get into a long discussion about this, but the reason why -- a nonconforming use is something that was in a prior Code. And so, if we keep extending it, that's fine, but why don't we look at maybe making those conforming uses; in other words, making those legal uses, because, you know, rather than just keep extending a nonconforming use -- which I understand why we're doing it; you know what I mean? -- because I have the same issue in my district, like you were saying, you know, in Flagler, in Flagami, in that area, so -- but I'm just saying, we might as well then just take a look at some of those uses and decide whether or not we want them. Commissioner Gort: That sounds good. Commissioner Suarez: Right? Commissioner Gort: But in the meantime -- Commissioner Suarez: We don't have to do it -- I mean -- Commissioner Gort: Yeah. Commissioner Suarez: -- we could extend it, anyways. Commissioner Gort: Yeah. Commissioner Suarez: But I'm just saying in the future to look at it. You know what I'm saying? Commissioner Gort: Call the question. Mr. Alfonso: Now -- go ahead and call the question. Chair Hardemon: Okay. Seeing no further discussion. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Mr. Alfonso: Mr. Chairman, ij7 may? Chair Hardemon: Yes. Mr. Alfonso: So to bring back another ordinance, can you give us a little more? Because -- the next meeting -- because that agenda has to be printed like on Tuesday, and so there's no way to -- Commissioner Gort: That's all right. Mr. Alfonso: -- a little more time. Commissioner Gort: Can I -- City of Miami Page 41 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Alfonso: We'll work with the Law Department. Commissioner Gort: But -- Commissioner Suarez: Can I? May I? I just want like a direction to look at what are maybe the top five nonconforming uses that are being extended, just so we have a sense. Maybe there are things that we want to create in our Code, and then we don't have to deal with it anymore. Mr. Alfonso: Okay. Commissioner Gort: And maybe in which neighborhood that this seems a lot more. Commissioner Suarez: Yeah, absolutely. Chair Hardemon: All right. Mr. Alfonso: Thank you. Direction by Commissioner Suarez to the City Manager to identify the top five (5) non -conforming uses that are being extended. END OF FIRST READING ORDINANCES City of Miami Page 42 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 1295 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY MANAGER'S RECOMMENDATION ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE AND THE PROPOSALS SUBMITTED BY: (1) SIGHTSEEING TOURS MANAGEMENT, INC., D/B/A ISLAND QUEEN CRUISES, (2) THRILLER MIAMI, LLC, (3) MIAMI AQUA TOURS, A PARTNERSHIP BETWEEN DABUN, INC. AND CARIV INTERNATIONAL, INC., (4) OFFSHORE POWER BOAT RIDES — MIAMI, INC., D/B/A BAYRIDE TOURS, AND (5) FIESTA CRUISES OF MIAMI, INC. ("PROPOSERS"), FOR REQUEST FOR PROPOSALS NO. 14-15-042 FOR THE LEASING OF BOAT SLIPS LOCATED AT MIAMARINA FOR THE PROVISION OF TOUR BOAT SERVICES, FOR A TOTAL TERM OF FIVE (5) YEARS, PURSUANT TO CITY CHARTER SECTION 3(F)(III) AND ALL OTHER APPLICABLE CITY CHARTER AND CODE PROVISIONS, AS AMENDED; AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUSIVE OF THOSE CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED THEREIN. ENACTMENT NUMBER: R-17-0055 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: I'm going to move on to our RE (resolution) agenda. Is there a motion to approve RE.1 through 4? Commissioner Suarez: So moved. Chair Hardemon: Is there a second? Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded to approve RE.1 through 4. Is there any discussion on RE.1 through 4; any of the items? Seeing no discussion, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 43 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 RE.2 RESOLUTION 1498 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING AND DECLARATION THAT IT IS NOT ADVANTAGEOUS OR PRACTICABLE FOR THE CITY TO USE COMPETITIVE BIDDING METHODS, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; RETROACTIVELY APPROVING THE SELECTION OF SUNSHINE STATE AIR CONDITIONING INC. FOR THE PROCUREMENT AND INSTALLATION OF A COMPLETE EIGHTY (80) TON AIR CONDITIONING SYSTEM WITH AIR HANDLERS, IN THE AMOUNT OF $473,250.00, FOR THE MANUEL ARTIME THEATER. ENACTMENT NUMBER: R-17-0056 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 RE.2, please see Item RE.1. RE.3 RESOLUTION 1006 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING THAT THE CITY OF MIAMI ("CITY") MAINTAIN THE IMPROVEMENTS WITHIN THE MEDIANS LOCATED AT STATE ROAD ("S.R.") 972 (CORAL WAY/SW 22ND STREET) FROM SOUTHWEST 31ST AVENUE EAST TO SOUTHWEST 30TH COURT, AND AT S.R. 972 (CORAL WAY/SW 22ND STREET) JUST EAST OF SOUTHWEST 33RD AVENUE, MIAMI, FLORIDA, WHICH IS PART OF THE CITY'S PILOT PROGRAM FOR THE CORAL WAY MEDIANS PROJECT, B- 30909. ENACTMENT NUMBER: R-17-0057 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 RE.3, please see Item RE.1. City of Miami Page 44 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 RE.4 RESOLUTION 1523 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY ("COUNTY COMMISSIONERS") TO AMEND THE CHARTER COUNTY TRANSIT SURTAX ORDINANCE INCLUDING BUT NOT LIMITED TO SECTION 29-124(H)(II) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW THE CITY OF MIAMI ("CITY") TO UTILIZE SURTAX PROCEEDS TO PROVIDE ON - DEMAND TRANSPORTATION SERVICES AS DEFINED BELOW FOR INDIVIDUALS RECEIVING MIAMI-DADE COUNTY - SPONSORED TRANSPORTATION SERVICES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND TO THE COUNTY COMMISSIONERS; FURTHER DIRECTING THE CITY MANAGER TO BRING A SEPARATE FUTURE AMENDMENT TO THE CITY'S FISCAL YEAR 2016-2017 OPERATING BUDGET AS NECESSARY TO ACCOMPLISH THE CONTINUATION OF THE CITY'S ON - DEMAND TRANSPORTATION SERVICES FOR INDIVIDUALS AS SET FORTH HEREIN. ENACTMENT NUMBER: R-17-0058 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 additional minutes referencing Item RE.4, please see Item RE.1. Commissioner Gort: No, no. At -- we have to put RE.4 -- it's asking the County to change the -- Chair Hardemon: The Charter. Commissioner Gort: -- Charter. The only -- Commissioner Suarez: I thought we passed 1 through 4. Commissioner Gort: -- the reason being our residents in the City of Miami, we provided the free transportation to them within the City ofMiami. They cannot go out of the limits of the City of Miami. In the County, when they need to go outside the City ofMiami, they have to use the County process. Ours is cheaper than the one that the County use, and we get penalized if they have dual cards, and this is what this is intending to do; am I correct? Chair Hardemon: 1 believe so. That is correct, right? Commissioner Suarez: I thought we had already passed it. Chair Hardemon: We did. Commissioner Gort: I just want a clarification. City ofMiami Page 45 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: And he has an opportunity to -- Commissioner Suarez: I got it. Chair Hardemon: -- change his vote, so, yeah. You're recognized, sir. Alberto Parjus: Alberto Parjus, Assistant City Manager. Can you repeat the question, sir? Chair Hardemon: I want you to clarify the purpose of RE.4. Mr. Parjus: The purpose of RE.4 is to allow the City to continue providing transportation services by our system to those individuals who are STS (Special Transportation Service) eligible, and to be refunded by the CITT (Citizens Independent Transportation Trust), because the way it reads right now, if we provide the services, we don't get reimbursed. We have to pay it out of general fund. Commissioner Carollo: Mr. -- Commissioner Gort: And our service is a lot lower than the Countv's service. Commissioner Carollo: -- Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. Back in October of last year, I asked you -- you were on that podium, and I asked you regarding doing automated, where we will know automatically if we're providing services that it's already being provided, and you said that you were working on that. It's been four months now. Where are you with that? Mr. Parjus: Well, we were able to mitigate the situation to a very small amount by doing two things. The first thing we did is, in the application that we have for clients traveling under our service, we ask the question whether you are or not an STS certified user. The second thing we did is, we were able to talk to the County to have an -- a download of the registered clients on STS, and do internally a cross-reference, and catch up as many as we could before they travel. Commissioner Carollo: Right. You said that in the last time. Back in October 2016, that's what you said, but one -- but my question was different. My question is: Can that be done automated; in other words, automatically, can we see, if a person calls that that person's also registered with STS automatic, so we don't have to cross-check and spend the time doing that? Commissioner Gort: Right. Mr. Parjus: At this point, we cannot do that. We're still in negotiations, and communication with the provider of service, which happen to be the same one, to see if he could cross-reference, and see the legalities of doing so with the County and with us. Commissioner Carollo: Automated. So in other -- Mr. Parjus: Automated, automated. City of Miami Page 46 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Daniel J. Alfonso (City Manager): But Commissioner -- I'm sorry. Parjus, I'm sorry. The point, though, is, does the City want to provide the service? And 1 think the answer from the Commission that I've gotten is "yes." So whether the person is a STS participant or not, we want to provide this service, is the direction that I've gotten. Commissioner Carollo: Well -- Mr. Alfonso: So, therefore, we have to provide it. And what we're asking the County to do is to allow us to reimburse out of the halfpenny so that we don't take it out of the general fund. Commissioner Carollo: I'm not sure, and maybe we should have a discussion on this. I think -- it's my understanding that the City wants to provide this service; not necessarily has to be the City's service. We just want to make sure that they actually are able to, you know, travel. So in other words, we don't want them to stay in the house. But I don't think it's -- necessarily has to be the City's service. If we're going to get charged for it and we're providing the service. We're, in essence, getting charged twice. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: So the way I understand it -- maybe I understand it incorrectly -- but an eligible senior that lives in the City, has two options. Commissioner Carollo: Right. Commissioner Suarez: They can either get STS, which they have to pay -- Commissioner Carollo: Right. Commissioner Suarez: -- like a co pay, if you will, of a few dollars, and they can go anywhere in the County. Commissioner Gort: Right. Commissioner Suarez: Right. It's $3, and they can go anywhere in the County; or they can use City services, which are, free -- Commissioner Carollo: Within the City. Commissioner Suarez: -- but our only constraints are the City, and that's the way we've been doing it. It's kind of like our trolley system, where, you know, we have a free trolley system, but at the same time, there's a bus system, where they can get on the bus and they can ride the bus. Commissioner Carollo: However -- Victoria Mendez (City Attorney): For STS -- I apologize -- you have to qualify. You have to have a medical condition and -- Commissioner Suarez: I said -- Commissioner Carollo: Right. Commissioner Suarez: -- no, I get it. Ms. Mendez: Okay. City of Miami Page 47 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Carollo: However -- Commissioner Suarez: It's stricter. Commissioner Carollo: -- I think the issue is, if they qualify for STS, and they're able to use STS; however, they use our service, okay. So then -- Commissioner Suarez: That's what we're trying to change. Commissioner Carollo: -- the County -- Commissioner Suarez: That's what we're trying -- Commissioner Carollo: -- charges us. Commissioner Suarez: Right. That's what -- we're trying to change that. We're trying to say -- Commissioner Gort: That's what we'll tell the County. Commissioner Suarez: -- we're trying to tell the County, "Look" -- Mr. Alfonso: So my understanding is we want to provide the service; is that right? Commissioner Gort: Yes. Commissioner Suarez: Yes. Mr. Alfonso: Okay. Thank you. Commissioner Suarez: This is Pane. I don't have an issue. There's no issue with this. Mr. Alfonso: We voted on it already, anyways. You passed it. Chair Hardemon: Right. Commissioner Suarez: So, okay. Thank you. Commissioner Gort: And the reimbursement will save the County funds. Mr. Alfonso: That'll save us -- Commissioner Gort: They pay less. Mr. Alfonso: -- general funds. Commissioner Gort: Okay. All right. City of Miami Page 48 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 RE.5 RESOLUTION 1139 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE, WITHIN CURRENT BUDGETARY CONSIDERATIONS, AN OFFICE OF TRANSPARENCY WITH THE RESPONSIBILITY OF MANAGING PUBLIC RECORDS REQUESTS IN AN OPEN AND TRANSPARENT MANNER; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC MEANS OR PLATFORM FOR THE IMMEDIATE PUBLICATION OF NON-EXEMPT PUBLIC RECORDS; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC NOTIFICATION SYSTEM FOR THE AUTOMATIC NOTIFICATION OF DECISIONS RENDERED BY THE CITY. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.5 was continued to the February 23, 2017 Planning and Zoning Commission Meeting. RE.6 RESOLUTION 1650 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PRIORITIZE THE DEVELOPMENT AND ISSUANCE OF A REQUEST FOR PROPOSAL RELATING TO THE DESIGN AND CONSTRUCTION OF A NEW POLICE HEADQUARTERS FACILITY. ENACTMENT NUMBER: R-17-0059 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Mr. Chair, can I be recognized on RE.6? Chair Hardemon: Yes, go right ahead. Commissioner Suarez: So I'd like to move RE.6. RE.6 is really simple. It's a resolution memorializing a discussion that we've had here on multiple occasions, which makes it a priority of this government to go out for an immediate RFP (Request for Proposals) for our police station. Obviously, we've talked about issues related to some of the mold remediation, and potentially asbestos, in the top floor; and we've also talked about the inadequacy of space for purposes of evidence, and the collection and retention of evidence. 1 think it's got to be, if not our oldest building, one of the oldest buildings in our building fleet, and I think we certainly owe it to our first City of Miami Page 49 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 responders, as we have done with many, for example, fire stations that we rebuilt over the years, to look at our fleet and look at the possibilities that -- our Manager just put one out for MRC (Miami Riverside Center), which we all, you know, approved. And so, I think it's important for us to do it, as well, for the Police Department. Thank you. Commissioner Gort: Did we move -- Chair Hardemon: Commissioner Gort. Commissioner Gort: -- RE.4? Commissioner Suarez: RE.6. Chair Hardemon: RE.4? It passed, yes. Commissioner Suarez: No. I think we had done 1 through 4. Later... Chair Hardemon: All right. Let's continue on our discussion with RE.6. Commissioner Suarez: Yeah. I moved it. It's not -- Commissioner Gort: Second. Commissioner Suarez: -- that much more to discuss. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded, RE.6. Is there any discussion? You know, one of the things that I just want to ensure that -- I know this is not a budgetary item at this moment, I mean, because it's going to have a budgetary effect in the future, but I know that we're in the middle of our negotiations with our labor unions, and I just want to ensure that we're doing things that are fiscally responsible so that we can meet our liabilities when it comes to our men and women who service -- provide services for the City of Miami. And so, I know that -- I believe, if 1 remember correctly, a police station was in the last bond issuance that we anticipated, so that means that we didn't have it within our -- We anticipated using it - - outside dollars, to bring outside dollars in to actually build this facility. That's not the way that this is worded here in this RFP (Request for Proposals). It appears to be, from the RFP, that it could be our internal dollars, and that's my worry, you know, because -- Commissioner Suarez: Mr. Chair; if l may. Chair Hardemon: Sure, I'll let you sponsor it. So that's one of my biggest worries here. And so, I'm sure that our management will come hack with a way that you anticipate this funding for an RFP like this would occur, but 1 just want all of us to realize what steps we're taking. Commissioner Suarez: Mr. Chair, if I may? Chair Hardemon: Yes. Commissioner Suarez: So the way this is structured is -- We have a property, and, in my opinion, the facility, the building is inadequate; it's not good enough. And what he City of Miami Page 50 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 just structured was a sale of one of our properties and a deal with a developer who will build another property to service the City. And so, that's essentially the model that I'm looking for. What was being talked about, I believe, in the bond issuance, was renovating the current building with proceeds from the bond issuance, and I just want to just clarify one little statement that you made, because, you know, our labor obligations are continuing annual obligations. They're as -- Commissioner Carollo: Recurring. Commissioner Suarez: -- recurring expenses; whereas, this is a capital expense. This is a one-time expense. And so, I just want to compare apples to apples and not apples to oranges, because -- Chair Hardemon: No, I understand. Commissioner Suarez: Right. Chair Hardemon: I understand that there is a one-time expense to purchase a building, but it is an expense, nonetheless. So I said that to say that, first is our fund balance. Commissioner Suarez: No, I agree. Chair Hardemon: When you look at our fund balance -- Commissioner Suarez: Yeah. Chair Hardemon: -- it would hit it one time, but it would effectively drop the amount of money that we have in our fund balance to meet the recurring obligations that we would have. Commissioner Suarez: And the objective here is that because we have prime property where it currently sits, is to try to avoid it hitting our And balance; in other words, trading what is, in essence, prime property for maybe property that's just as good operationally; maybe a little bit less desirable, hut, you know, you can trade that value differential so we can get the building done with little or no capital investment. Chair Hardemon: Got it. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair. Chair Hardemon: Motion passes. END OF RESOLUTIONS City of Miami Page 51 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 BU.1 1506 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BUI -- BU.1. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. The first quarter for the City is now complete. The books closed on January 17. Actual revenues during that period were 326 million, which is 48 percent of the budget, and was about $22.6 million higher than last year. Actual expenditures were 264 million, which is 40 percent of the budget, and was $21.7 million higher than last year. We are projecting a surplus at this time, but it's very early, and written reports will start next month. We just sent out the instructions last night to department directors, officially kicking off the budget development cycle for the new year for '17/18. Some things that we're watching in the budget are: Police is hiring above its head count in anticipation of a large number of sworn personnel leaving in September. This is just as we did with the Fire Department two years ago. Procurement has had some security expenses that were not anticipated when the budget was put together, and that may cause that department's small budget to have to seek a budget amendment, but it's something we're watching. The Portable Toilet Program will have a gap in funding between when the permanent toilet is finished and when funding was anticipated to end, so we're watching that. Healthcare, in particular, citywide, is up and we're looking at -- it's on pace right now to be about $2 million higher than what we had budgeted, so it is a concern. Finally, we received word about the World Baseball Classic this March, which is in association with the Baseball All Star Game this July, and we're looking at some preliminary numbers of about $175, 000 of in -kind services that the City will provide; that would, of course, be inside of the $2 million that we budgeted for the total All Star Game. I'd be happy to take any questions you may have at this time. Chair Hardemon: Any questions? Seeing none, thank you very much, sir. I think DI.2, he is scheduled to come in the evening. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 52 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 1440 Commissioners and Mayor DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS RESIDENTS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item DLI, please see "Public Comment Period for Regular Items." DI.2 DISCUSSION ITEM 1522 Office of Resilience and Sustainability DISCUSSION BY MR. WAYNE PATHMAN, CHAIRMAN OF THE SEA LEVEL RISE COMMITTEE AND MEMBERS OF THE SEA LEVEL RISE COMMITTEE REGARDING THE ECONOMIC IMPACTS OF SEA LEVEL RISE ON THE CITY OF MIAMI. RESULT: DISCUSSED Commissioner Gort: He's here. Chair Hardemon: How you doing, Mr. Pathman? You're the last order of business. Wayne Pathman: First or last? Jane Gilbert: If it's okay, Mr. Pathman's asked me to go first to just give a little preface on the committee's work to date. As you all know -- and thanks to all of you -- in October of last year; the Commission voted to strengthen the Sea Level Rise Committee, asking them to serve as advisors to this committee, making recommendations to Code and policy related to strengthening the City's resilience to increased, flooding related to sea level rise. And I was previously on this committee briefly, from the summer, and joined the City in November. To date, the committee has gathered a huge amount of information, and served as a great vehicle for engaging different stakeholders; and made great recommendations, helping the Administration think through a new storni water master plan, crafting the Virginia Key Marina RFP (Requests for Proposal), and also making recommendations to this committee about partnering with the universities, related to the UM (University of Miami) Climate Change Report. It's a really diverse group of qualified -- highly qualified professionals in architecture, in construction, land use law, emergency management, advocates in marine preservation, as well as how to serve our most vulnerable communities, and includes also Jim Murley, the -- my counterpart CRO (Chief Resilience Officer) Pr Miami -Dade County. You're going to hear from them, their sense of urgency for action, but action that really builds on knowledge of best practices and good data, and good analysis. We can create a real vision for how City of Miami Page 53 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 we're going to build resilience here in Miami, so to do that, it takes time and it takes effort. This is a highly qualified team, but it's a volunteer team of professionals. And so, we've -- therefore, staff has come up with a plan to work together with this committee in -- and our interdepartments [sic] within the team to develop recommendations for you. So first, we're going to work with the committee and Building and Zoning on -- Building Department and Zoning to look at opportunities for strengthening the Building and Zoning Codes for new construction and significant renovation in the flood zones. Second, per the committee's recommendation, staff have begun to explore what outside expertise is need [sic] to secure more accurate mapping and flood vulnerability to the City and to private property throughout the City. We have begun the process of design -- figuring out what -- that new storm water master plan would look like, developing that RFP. That is -- would involve developing a robust GIS (Geographic Information System) system, and lots of modeling; much more detailed analysis. The time it would take between designing that RFP, going through Procurement, and then actually finishing that study, realistically, if we put pedal to the metal, it's going to take two years. And so that -- the committee can't -- and, frankly, staff and the City can't wait two years for us to begin to make decisions around the most critical areas. So, led by Dr. Ihekwaba, and we have an interdepartmental committee that's starting to look at what rapid analysis we could do, in terms of mapping and vulnerability of our critical infrastructure and our critical neighborhoods, waterfront areas of the City, to begin to make strategic decisions about capital improvement. Finally, we plan to create an interdepartmental resilient Miami committee that's going to look neighborhood by neighborhood at a holistic view from not only capital improvements, but planning and zoning, and equity issues, so that we bring in other stresses of facing the City, of affordable housing and transportation, and look holistically neighborhood by neighborhood. Some of that will be very, sea -level -rise focused; some of that will be dealing with some of the other challenges facing the City. And we will -- that committee will bring recommendations to -- or bring presentations for the Sea Level Rise Committee to review and provide input on an every -other -month basis. On the off months, we'll also work with them on bringing in the outside expertise that we all need to better learn what our opportunities are to re -envision what a resilient Miami looks like. With that, I'm going to turn it over to Wayne Pathman, land use attorney and chair of the Miami Beach Chamber and our Sea Level Rise Committee. Vice Chair Russell: Thank you. Hello. Mr. Pathman: Thank you, Jane. Good afternoon. As Jane said, I'm the chairman of the City of Miami Sea Level Rise Committee. My name is Wayne Pathman. I'm with the law office of Pathman Lewis in Miami. Pm going to take a little bit different approach than I had originally planned. Pin sorry to see that the other Commissioners and the Mayor are not here. This is a very important issue that all of you decided to create this committee, of which I am the chair of And this is the first time in 16 months that we've had a chance to address you, where we were put on the calendar today, for 5 o'clock. Fortunately, I was on my way here, and I got here early. But this issue deserves a lot more attention than we're getting. You have no quorum, so we can't act on any of the things or discuss really anything of the things that I was about to present. And I'm sure all the Commissioners, even those that are not here, are aware that this issue is not going away. It continues to get worse. Miami is on the map, literally, everywhere in the world as to "What are you doing in Miami? You are the city that's ground zero for economic impact to sea level rise." And, you know, I'm frequently asked, or speak at forums, quoted in periodicals, and they ask me, "What's Miami doing?" And aside from saying that we have a committee, and that we started looking at the Shore Crest area, I can't honestly say that we're doing much else, and that makes me very disappointed, because I'm a volunteer, and I'm volunteering a lot of my time, as are the other members of the committee: Jose Regalado, Kilan Bishop; Reinaldo Borges, who's just arrived; Albert Gomez, Pete City of Miami Page 54 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Gomez, David Martin, James Murley, and Rachel Silverstein. We put a lot of time in, and have made a lot of -- or passed a lot of resolutions that we think are important for this City to look at, undertake, study. We recently had a workshop with the Planning Department, which Francisco attended, and had a member of his staff there, so that was quite productive, but the truth is, I'm sorry to say, the Commission and the Mayor -- or at least this body is not giving this enough attention, and is not giving it the attention it deserves. Other cities, like Miami Beach, or other cities around the State of Florida are progressing a lot faster than we are, and you're the big -- we are the biggest city in the State of Florida. This is a real issue. Whether you believe it's going to be 2 feet or 10 feet by the end of this Century, that's not the critical concern right now. The critical concern should be issues like insurance, banking, and taxation. The insurance industry, the reinsurance industry, and the insurance that we residents buy our insurance from is changing rapidly, and the cost for flood insurance is going to escalate rapidly over the next 10 years, and that's going to have an effect on your ability to raise and have revenue for taxes for infrastructure improvements, because property values could decline. We've already seen in Congress in 2012 and 2014, you know, basically, a roadmap of what's coming, as far as insurance is concerned. In 2012, they passed the Brigget [sic] Water's Act, which took off all the subsidies on flood insurance; and someone who may have had a home where they were paying $2, 000 a year for insurance was now paying 40,000 a year for the same insurance. So, I can tell you, I represent a number of banks in my law practice, and banks are starting to consider what type of insurance should they require homeowners' to have in the future, and what kind of mortgages will they give? You know, 30 year mortgages, which is the mortgage that most people have, and especially the workforce of our community, may be a thing of the past in areas that are prone to flooding and sea level rise in the future. They won't give you that 30- year mortgage; they'll give you a 15-year mortgage, with a 30-year amortization. In addition to that, they're going to require that insurance be in excess of what the Federal Government provides, which is $250,000 for residences and $500,000 for commercial property. If that happens, and typical homeowner has to go out on the marketplace and buy additional excess flood insurance that they either is too costly or they can't get because the area has a high risk, they would be in default of their mortgage. That's the tip of the spear, is the insurance industry. They're driving this train. And if we don't start addressing issues on how to lower the risk in the community, you're going to have a very, difficult time in the near future with property values, and all of the wonderful development we've seen over the last five years that's unprecedented in the City's history is going to create future economic problems. There are studies that are done that say that as a result of high -cost of insurance and sea level rise, that you could see a 30 percent reduction in tourism and 30 percent reduction in property values by 2050, and 1 could tell you that that study gets revised every few years, and the picture doesn't get better; it gets worst. The high cost of insurance, something I think that the City should potentially look at -- and I'm not saying that this is the best idea, but Florida -- the State of Florida pays 37 percent of all premiums collected by the NFIP (National Flood Insurance Program), so that means all this money is leaving Florida, and it's going to the Midwest and Louisiana. We have about 12 -- 11 to 12 percent on annual basis of claims. We have occasional hurricane, obviously, the claims go up. This Commission and others from other cities should look at the idea ofpotentially lobbying Congress to keep some of that money in the State to create a pool, especially for larger cities that are going to be impacted, like South Florida -- You don't have the same problem in Orlando and other cities -- that would create a pool for future solutions, because it's going to be very hard to find money in the future. So we have all this money leaving the State, because we have the highest premiums, we have the most policies, and we have 7 of the 10 most impacted cities in Florida for sea level rise, Miami being number one. The other thing that I would suggest also is stakeholders. You have to make the business community part of the equation. This Commission, the City, County government is not going to be financially ready for the impacts that are going to be coming from sea level rise and City of Miami Page 55 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 flooding and insurance and banking. You must engage them in the process, and you must engage them in part of the process of the things that are changing now, whether it's, you know, what you're doing with infrastructure, storm water, issues related to zoning. They could be a big help. You could look at Pas (public/private partnerships), where available, do public/private partnerships to create opportunities so that the City and the citizens don't bear the cost of the future. As you know -- and I don't think I need to go over the numbers -- we are a coastal community in South Florida, whatever side of the bay you're on, and what's at stake is trillions of dollars. If we don't start addressing this issue now -- because we all know how long it takes to plan something, budget it, and implement it. The clock is ticking. I kind of look at it in dog years, which is, for every year we wait, we lose seven years of planning and timing. And I can tell you, in conferences that I have been at -- and most recently, I was at the Wharton school in Pennsylvania -- they ask, "What is Miami doing?" You know, I'm there as the face of Miami. Or when I was in the Netherlands at the quest of the Dutch Consulate. And I want to say, "We're doing a lot." I want to say that, you know, "This Commission is proactive" -- "This City is proactive in addressing this issue." And it doesn't mean that you have to implement infrastructure today, but it means that you have to start planning, and you have to start looking at things that are going to affect you. Whether you believe in climate change -- which I'm not even talking about -- sea level rise is a measureable action that we all can see. You don't have to be a physics major. You don't have to, you know, look at it from a perspective of "Is it going to happen or is it not?" It's happening. And things that you may not know about, but in the reinsurance industry, they are well ahead of where we are in terms of assessing risk, and they are going to raise rates considerably. I can tell you, one of my clients who has property -- not in Miami, but in Miami Beach. He has seen an increase over the last five years of 500 percent. Now, it's not as noticeable when it goes from 2,000 to 2,500 to 4,000 to 5,000, but when it goes to [sic] 5,000 to 40,000, you're going to have people in here screaming, and you're going to see it; it's coming. I've been at the conferences where you can see what the insurance industry is going to do, and how thing are going to change. So, again, involve stakeholders. Start planning. Start taking this really seriously. You got some great qualified people in your Manager's office, in your Planning Department, and your Public Works. We've only met with them once, and we've only been here once in 16 months. We should be here every other month, at least, telling you what we're seeing, what we think you should implement, what you should do, and how you should approach things in the future. You know the old saying that "The squeaky wheel gets the grease." If we don't start squeaking a little bit at different levels where money's available to do studies and do things related to infrastructure, you're not going to get the money, because it's going to go elsewhere, because people are ahead of us, people are moving well ahead -- New York City, for instance, is well ahead of Miami, and they don't have the problem that we have with our geology of you know, limestone and muck, and the water rising underneath. They only have to deal with spillover, and there's lots of solutions for spillover. What the problem is, is the water coming underneath. We want to implore you to take some of the recommendations we have to empower us to deliver to you ideas and suggestions that could be implemented by the City in a timely, effective, and cost-effective manner. And, you know, I know each one of you personally. I know each one of you and, you know, you know me, and I'm doing this -- people ask inc why am I doing it? You know, why am I the Chairman of the Miami Beach Chamber of Commerce? Why am 1 the Chairman of the Sea Level Rise Committee? Because 1 care about my community, you know. I care about the future, and 1 care about my children's future, and you should too. This is an important time. It's going to take a long time and a lot of money to deal with sea level rise and flooding. You may or may not have seen the movies that have been out recently with Jack Black and Leonardo DiCaprio and everything. You know, even the film industry, you know, has -- and many of the actors and actresses have taken a big part in (UNINTELLIGIBLE). And where do they come first? Miami. And they don't paint a pretty picture. It's not a pretty picture. It's not a pretty picture when you see City of Miami Page 56 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 them in West Miami, which is not necessarily a part of Miami -Dade County --1 mean, Miami -- but part of Miami -Dade County -- and they say, "What's that smell?" And it's the septic tanks that are being impacted by sea level rise and salt water, and Miami -Dade County is 40 percent still on septic. That's a 6 to $8 billion problem for the County in the future, not including tapping charges for residents who have to pay to hook up to the facility. I implore you to give us a budget. We came here one time other, and we submitted our annual report. We asked for $50, 000. That was just our first ask. We didn't get it. I'm asking you today for $500,000, which is really -- I know you have budgets that you have to deal with, and many, many things in the City, but, in comparison, this issue -- ifyou don't start addressing this issue, you will pay a thousand times more in the future, if you don't plan today. You need more staff You need to hire some graduate assistants. You need to get some studies done so we can actually map the City, help change the Zoning Code. You have a great Code in Miami 21, but it doesn't talk about sea level rise, and you need to start talking about it. You need to start dealing with it. The longer you wait, the more problems we are going to have. And by the way, technology is changing, and technology will help in the future, in some ways, but it's also, firstly, going to tell the scientists, the climatologists, and government that the problem is happening faster, and it's worse than they thought. Every five years when the new reports come out, they're never better; they're always worse. Sea level rise has climbed to a higher level. They show it climbing faster, and it's going to happen sooner. At one and -- to one and a half feet of sea level rise Ibr the main arteries to Miami Beach, fbr instance, the Venetian, the MacArthur, and the Julia Tuttle, will flood. That's only 20 to 25 years away. That will affect Miami, too; not just Miami Beach. So, if we don't plan, if we don't have some budgets, and we don't start looking at creating a more resilient environment, you're going to have some serious problems. And there are ways, many ways in which to find money at the Federal level, even during our current Administration. There is -- working with the business community and stakeholders to engage them to give them opportunities to develop differently so that they would be a part of how you change infrastructure or densification, including worrying about areas where you have gentrification, you know, in areas that -- from a socioeconomic benefit, you have to look at those areas and help, but it's not just one area, but the City needs to be mapped, and the mapping should be current so you can see, as a city, where are your most important and vulnerable areas today and maybe over the next 20 years, so you can start planning properly. I love having the meetings that we host, you know. I get to sit there where the Chairman is right now; it's a nice feeling, but I want to do something. I want to report back to you that we did something, you know; that Miami is moving in the right direction. 1 implore all of you to listen to Jane Gilbert, listen to your Manager, listen to me, listen to my committee members. We're not doing this because we have nothing to do on a Tuesday -- you know, on a Tuesday night or a Thursday night or a Wednesday, and whenever we have the facilities for a few hours. You know, we had a very, you know, interesting discussion about one of the capital projects of Virginia Key recently, and we really appreciate the opportunity to weigh in on that and give suggestions, and ideas as to how that RFP should go out to the public. Plan better. If you plan better, you're going to find that all the other things will eventually fall into place. The other issues that I think that, you know, you need to address -- and Reinaldo -- my good friend, Reinaldo Borges, who is the AIA (American Institute of Architects) architect of the year, is going to touch on some of the zoning things, and some of the zoning things that need to -- that should be changed or looked at or that we should start studying, but we need money to help do that, you know. 1 know money's a difficult issue, but we have to find a way to start funding some of the things that we need to deal with sea level rise. The factors -- the risks are too great if you don't. You don't plan to fail; you fail to plan. If we don't plan, we're going to fail. We need to encourage every level of your government and your City level, our committee and the community with outreach and education about sea level rise. When your boards are here considering plans and approving plans and development, I doubt that thev ever discuss the issues of sea level rise, and that they City of Miami Page 57 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 may not have the knowledge on those boards; not that they're not smart people, but they're not aware of the issues dealing with sea level rise. Many of those things, many of those projects that are capital projects should come before the Sea Level Rise Committee, so we can weigh in and advise you of what you should be doing for the future, and not just approving projects that may not have resiliency. In the City of Miami, in the 1450 building on Brickell Avenue, if you haven't been there, which is the JP Morgan building, you should go. The perfect example of a developer who overspent, for a reason, to be a gold or platinum green building, and along the way, made a resilient building to sea level rise. He spent 15, $20 million more than what he had to, under the Code, but today, he has the most resilient building in Miami. It's not only green; but it's resilient to sea level rise. He raised his pedestal. He raised his base -- you know, his base elevation, his elevator banks, laminated glass, and saves over a million dollars a year in energy costs, and has one of the best rent rolls in the City of Miami. It can be done. Developers will do it. If you incentize [sic] them, and you give them reason to do it, the City will get a return. Anyhow, I've deviated from my program, but I hope that you understand that it is really important, and I hope that I can encourage you to support hiring more people to help us deal with this problem; you know, hiring experts, giving us a budget to work with to help map, to help deal with zoning and your storm water plans for the future. With that, I'd like to introduce Reinaldo Borges. Reinaldo. Reinaldo Borges: I know we're on a tight schedule. How many, minutes do I have? Vice Chair Russell: Take your time. Mr. Borges: Okay, great. So I'm fully caffeinated, but there are a few things I want to share with you. And last time I was in front of you, Wayne said that I did not present with enough passion, so Wayne knows me well, and I appreciate Wayne's leadership. Again, for the record, Reinaldo Borges, with Borges & Associates, and offices at 999 Brickell. I am the architect on the Sea Level Rise Council, so I have a lot of fun discussing Code modification and zoning strategies and planning strategies and design thinking, and all the kind of things that we, as architects, bring to the conversation, which is very complex, sea level rise and resiliency. So, I wanted to share some thoughts with you. I think that, you know, we are continuously reinventing this beautiful place. Miami is a wonderful, world -class city. My concern, as I got involved in this, was that, you know, we have a wonderful Zoning Code that we really work closely with the community and great consultants to bring forth, and it's a very sustainable Code, and there are a lot of great things that are happening now in this City because of Miami 21. And what I've learned as an architect is that unless we codi& initiatives that affect the physical environment, we end up not getting the design results and the quality of the architecture and the urbanism that a city may deserve. So my take on this has been -- and I've been educating myself now for over six years. You know, spend 10 days with the Dutch Government, learning about, you know, what the Netherlands are doing to be resilient, and other places throughout the world. I really took it on, because I sort of said, "You know, I could have a wonderful green building, it could be elite platinum, but it could be under water in 25, 30, 40 years," and then I probably would have. failed in my mission. So, again, with this great growth that we're experiencing, the thing that I see is lacking is sort of the idea of modifying our standards, and our standards are zoning, building, public works; you know, all these kind of standards that we use to design infrastructure; and singular buildings, which is really where I focus. I'm also chairing the Sea Level Rise Task Force at the American Institute of Architects, and the objective there is to really bring the mindset and the thinking of the architects of our community to this challenge; integrate it with 100 resilient cities, which is, as you know, a global initiative. A week and a half ago, we had Judith Rodin, who is the president of the Rockefeller Foundation, talk to us in Miami Beach, an event that Wayne Pathman chaired through our chamber in Miami Beach, and she reminded us of this wonderful City of Miami Page 58 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 book that she wrote that's called "The Resilience Dividend." And she goes around the world, you know, understanding and explaining to leadership, political leadership, of how important it is to invest in resiliency, and what does that really mean, you know. As we know, resiliency is a big word, and nowadays, it's sort of the new lead or the new sustainability word. And what it means to me as an architect is that every singular building has to be thought through in terms of the way that it meets the grade, the ground; how we design into basement structures; you know, how do we design into any structure that may be compromised by future flooding, and then I'm talking about permanent flooding, I'm talking about storm surge, and I'm talking about also, as you may have experienced recently in South Florida, the sort of incredible rainstorms that we get sometimes. You know, we get accumulation of water in Biscayne Boulevard of a couple of feet at times in some areas. So, I mean, we're really challenged with water in like five dimensions, you know. And one of the things that I talk a lot about with my engineers is, really, how do we design into more resilient basement structures, and how do we protect our buildings with more durable materials, with water proving conditions of our buildings? The challenge is that, as you know, codes are minimum standards, and as an architect -- and the architecture design community is limited by the design guidelines that we have to work with and -- for example, Miami Beach took an initiative with the "Freeboard Ordinance." That was a quick process. It was relatively quick in the sense that in a period of about six months, they modified an ordinance that introduced freeboard into our design process. So now, when we do new design in Miami Beach, I get to raise the building a foot to five feet above the base flood elevation, which is what FEMA (Federal Emergency Management Agency) tells us we need to be at. As you know, we're guided by the FEMA map. It is no secret that FEMA really is trying to modify our flood naps throughout this community. It's a slow process. It's a political process. Its a process that really has major impacts on insurance of communities, insurability of communities. So with this Freeboard Ordinance now, you know, I get to raise the building two, three, four, five feet, giving my buildings -- my clients more resiliency, more life in their buildings, more insurability. Every time that Wayne and I have conversation about insurance concerns, I always sort of think, "Well, there's a design solution to that, " you know. And I think that in -- sort of in the world of design thinking, every single challenge that climate change and sea level rise brings to us in our communities has a design solution that is sensible, that has to deal with how we experience buildings as pedestrians, how we occupy the ground floor, how we design buildings with flexibility. The concept of designing buildings with flexibility so that, through time, they could be adapted is something that really is not rocket science, but it has to be carefully thought through, because it has all kinds of implications in terms of how we transition from the public realm into the ground floor of these buildings. So, you know, my thought is, really, let's take initiative with urgency. The urgency sometimes starts here with your initiatives and your requests of staff. You have amazing staff at every level. At every department, I'm always impressed, you know, with the professionalism and the intelligence of staff at every level. The challenge is that staff is very busy. We have a very active building and development community right now, and a lot of building permits being issued, and my concern is that a lot of times in the -- in sort of the urgency to do what we do as architects and developers and urbanists that we're not thinking ahead, and that we're missing the point in trying to take a few steps at a time about bringing more resiliency to the way buildings will be affected by the long-term effects of sea level rise. So the idea is sort of raising mechanical equipment and raising the ground floor -- or designing the ground floor to be adaptable, especially in tall buildings. Tall buildings cannot be raised; they cannot be elevated. So once they get damaged by, you know, permanent flooding, you may then look at having to abandon certain components of buildings. I mean, we already have buildings on Brickell, for example, that were designed 30 years ago that have basement parking that is flooded, that have been abandoned. I mean, I could do a walking tour of some of these buildings. I've actually been a tenant in some of these buildings. So it's not something that we have not already experienced. And I think City of Miami Page 59 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 that the case that Wayne brings forth, where, you know, Allen O'Hara took the initiative of making his building the most resilient building on Brickell, and is now a part of a case study by the ULI (Urban Land Institute), where they emphasize a return on resiliency; in that, when you invest in resiliency, you actually get this money back. It's a great example. It's something that should motivate others to take that example forward. Again, Miami 21 is super sustainable. I think we have an amazing Code that is making the City very sustainable, but now it needs to be revisited, and I think, as Francisco would say, "It needs to be sort of maybe fine-tuned, " you know, so that we bring some components, initially, with urgency that would allow us to address how these buildings are adaptable at the ground floor, how we are placing the mechanical equipment that will be susceptible to long-term flooding and also to storm surge, and also kind of think through the idea that we're now putting a lot of basements into the ground in Miami, and it's a wonderful thing. Most of my clients really embrace it, because, as you know, all the square footage that we put in a basement in Miami is free of FLR (floor lot ratio), which really means that we have more saleable, more valuable square footage above grade. You know, it's a wonderful tool. The problem is that every time we do that, and we don't think through the concern of water and how this is going to be affected long-term, you know, 20, 30, 50 years into the future of these buildings, we're sort of you know, I think, mishandling that in a way that I think, you know, we need to be concerned about. So, you know, these are things that also require to think about incentivizing developers, you know, so I came up with an idea of coming up with a resiliency certification process for buildings so that the same way that we certify buildings as green buildings, that we certify buildings for resiliency, and then have a checklist and an evaluation criteria that is very rational, that could also be presented to an insurance company that will basically say, "My building is resilient for" -- whatever -- "three feet of sea level rise," or "a foot of sea level rise," whatever the developer chooses to be certified at. A lot of this has to do, in my world, with the life cycle of a building, you know; and we design buildings, you know, to be in place, hopefully, for a long period of time, but as we know, we do recycle a lot of buildings in our society. We are a society that is used to disposing of things. I like to live in a society, like they do in Europe, where, you know, buildings are here for a long term, and that we bring durability and qualities to buildings that then could be renovated, restored, and they become really, historic structures. As we know, we have a strong sense of historic preservation in our community. So, you know, I'd like to close by saying that the developer, the investor lives for certainty. Sea level rise in our community brings a lot of uncertainty to the market. It's being reported by everybody. You know, it's not -- no longer something that we could just sort of say, "Let's leave it to discuss this thing in the future." 1 mean, it's something that all of you, 1 know, are taking a lot of initiatives on, and 1 think that it affects every component of our society, of our community. It affects affordability of housing. It affects, you know, the viability and the livability of certain neighborhoods in certain communities that are already experiencing, you know, permanent flooding, especially during our high -tide experiences. You have an amazing resiliency officer now. You know, we'd like to empower her with our counsel. We'd like to give her all the backing that she deserves. And I know that I'm dedicating a lot of to make sure that I bring the voice of the design thinker and the architect to this conversation. It's an integrated issue. It's something that really affects public works and how we invest into infrastructure; transit, of course. You know, already, with the transit work that I'm doing with Alicia at transit, they're already thinking about this. You know, Jim Murley and the resiliency team at the County is already making sure that transit has resiliency into the conversation of new transit facilities and how we look at the fixture of transportation in South Florida. And these are all important things, and it's already happening. And the fact that now we're part of the Rockefeller Foundation 100 Resilient Cities is an amazing thing. It's an opportunity, to be a leader worldwide. I mean, the world now is looking at us to innovate, to take action, to put things that are implementable, that are things that I could work towards. I go back to my office now, and tomorrow morning, I'm designing with the same Code that I've been City of Miami Page 60 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 designing with now for several years, okay? And that's an item that concerns me, you know, because there are certain initiatives that 1 could take. Like, I'm doing a high- rise now in Fort Lauderdale, where, actually, I'm exceeding the standards in -- on the Fort Lauderdale -- on the riverfront, hut I have to work, you know, through a lot of hack and forth with staff because, you know, the ordinances and the strategies are not carefully drafted yet. So, you know, as a designer, you know, you find yourself sometimes kind of lonely in taking some of these initiatives, so it really takes political will. It is a political issue. I know some people will complain, because as you incentivize developers, you know, you -- we may be creating more height and more hulk in some neighborhoods that may be concerned about that, but I think that, you know, creating more value, more taxable value through resilient, you know, design and development will continue to increase the revenue that the City needs desperately to adapt to sea level rise and to the increased cost of making sure that our infrastructure is adapted, that our infrastructure is up to the capacity that this brings, and the challenges that this will bring long term. This is a long-term issue. You know, some people sort of say, "We have plenty of time to think through this." My concern is that every time we build a new building that is sort of designed to the wrong standards, you know, we're creating, hopefully -- unfortunately, things that will be regrettable in the future. So thank you. I appreciate the opportunity of being here with you. I'm available to answer any questions. But I think you have an incredible committee. We're well represented by different components of our community. And again, I appreciate the leadership, and the sense of urgency that Wayne was talking about is something that would certainly encourage as well. Thank you. Chair Hardemon: Thank you, sir. Vice Chair Russell: Thank you very much, and Mr. Pathman and Jane as well. It's very good to have you here. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Russell: Oh, we have another presentation? Ms. Gilbert: (UNINTELLIGIBLE) brief. Very brief. Vice Chair Russell: Ill wait. David Martin: Hi. So 1'll be very brief. David Martin. 1 work for Terra. My offices are across the street at 2665 South Bayshore Drive. I'm a member of the Sea Level Rise Committee. One of the things that we all need to be thinking about is that all these ideas for new development and new construction to meet new guidelines and new specifications and new planning and zoning requirements, I think is important. But what also is important is, what are we going to do with the existing infrastructure? You know, because when we really think about it, new development accounts for some component, but we have a lot of infrastructure needs, and there's a lot of creative innovative solutions that I think are happening across the world that, you know, I think the City of Miami can really become the leader in -- with it -- with the academic institutions, et cetera, really be the leader. But the question is, where are we going to get the money to pay for these improvements? And 1 just want us all thinking about that a little more. 1 know we have budgets. 1 know there's a percentage of the budget that comes from property taxes, and 1 think we need to look at innovative ways of how we could finance some of these infrastructure improvements in neighborhoods that maybe are low income, as well as middle income, and we can't really use existing revenues, because those revenues are being used for other things and other needs, and it becomes a resource allocation problem. It becomes a question of are we going to focus our money on education, on affordability of housing? What are we going to spend the money on? The problem is, City of Miami Page 61 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 this issue is existential. In all my sales offices, in all my projects, I'm telling you, this issue is real; people are bringing it up. We probably have had in the last two or three years 30 to 40 articles that are really baiting us, right? 1 mean, I grew up here my whole life. I expect to raise nay family here my whole life. They're baiting us to see if we could come up with a solution, and we could get together and really find ways to do this. And we can't rely on the Federal government or the State government to solve all our problems, because they may he there and they may not. We need to create self-sufficient ideas that we can create and generate revenues that are going to he able to support these things. And just examples of -- you know, whether it's a project like Grand Bay that, you know, had $20 million of assessed value today; it's going to have $400 million of assessed value. That's an incremental tax revenue of around 10 to $11 million that goes to the City -- County School Board. How are we going to use those incremental tax revenues? Can we earmark some of these monies to start dealing with infrastructure and climate change? Can we create an infrastructure fund in order to help solve and improve our storm water systems, you know, and really see -- you know, and improve the technology that we're using to understand our city? These things, I think, are central, as the development industry, I think, is more and more engaged, but again, it's focused -- the development industry s got to be focused on creating the revenues to solve the existing infrastructure, because, you know, I -- we all know this is not going to be something that can be solved with existing revenues, and we don't want to raise taxes in the community. We don't want to raise mil -- you know, water and sewer, fees. You know, we don't want to be doing these things that are, you know, going to hurt the small business or hurt families that can't afford it. We need to really think of innovative, creative ways, tax increment financing ideas in order to solve climate change, sea level rise, infrastructure. We need to look at incentivizing projects to become net zero, to not tie into the utility infrastructure, to be providing solar panels, or providing waste electricity types ideas in order to start creating, you know, developments and new developments that aren't impacting climate change. And so I just -- I'm hopeful -- and I know that the leadership here is -- has been giving tremendous support to us, and I just hope that when you're looking at priorities right now, we're -- we got to focus on affordability, transit; we got to focus on our low-income neighborhoods; we got to focus on education, but infrastructure and resiliency and making our city, you know, able to, you know, last forever and be an example, a model to the rest of the world to how we solve this problem has to be, in my opinion, one of those priorities. Thank you so much. Vice Chair Russell: Thank you, Mr. Martin. I really appreciate everybody coming here. There is will amongst this Commission to take the action. We're looking for the guidance, very specifically, on what those actions are. Contrary to what it seems like, we don't like to sit around and just talk, talk, talk. We really need guidance on the specific things that this board can take action on. And I got a draft, at least, of your presentation for today, and some of the things that the Sea Level Rise came up -- Committee came up with this week, and this is very encouraging, because I see very concrete things here: Staff capacity building, with a very specific financial ask and a very specific manpower ask. This is something we can now take to the Administration, figure out how we're going to fund, figure out where we find these people, and where we place them, and how it works. That's excellent. Changes to the Building and Zoning Code. This is obviously going to take more time. We're going to have to work with you all and with the Resilience Department, as well as Francisco. And so, I'm available. My door's open in my office to craft the legislation of what we need to bring. And I see you also have a timeline here of -- by February, creating Resilient Miami Task Force; by end of February, draft a Shorecrest plan; hire interns by April. I mean, this is very good. This is really the first that I felt a tangible request, other than the initial financial request. And so I'm here. I'm ready. Mr. Manager, when you prepared the application for the general obligation bond last year, how much did you allocate for sea level rise and resiliency mitigation? City of Miami Page 62 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Daniel J. Alfonso (City Manager): Well -- Commissioner Carollo: I think it -- I'm going on memory, but I think it was about 17 million? Vice Chair Russell: No. It was way -- Commissioner Carollo: No? Vice Chair Russell: -- well north. Commissioner Carollo: I'm going on memory. Vice Chair Russell: I want to say seven, zero, 70, I believe was the number. Mr. Alfonso: The category, I think, was 92 million -- Vice Chair Russell: Ninety-two. Mr. Alfonso: -- but it was like 70 -- 50 to 70, somewhere in that range. Vice Chair Russell: Right. And so -- Mr. Alfonso: And that included some infrastructure, like roadways, and things like that. Vice Chair Russell: Right. Recognizing that within our, you know, current general fund, we don't have the ability to tackle a lot of these things. Even in my district alone, I have the need for pumps and plans for drainage that don't exist, and each one of these is over a million dollars for a small residential street; we simply don't have it. The street doesn't have the strength to self -tax themselves, even to find it. So I am onboard to bring back the potential for that general obligation bond, and I hope to -- that we -- they would carry it out in a way that we can convince this Commission and the public in the end, through referendum, that that's a good idea, because that would be a source o_f funds, and it can be done in a way that would not be an increase in taxes. So I'm very onboard and I'm very encouraged, and I thank you all for coming. Commissioner Gort: Let me ask a question. My understanding is the FEMA is the one that does the mapping for the flood areas; am 1 correct? Ms. Gilbert: Yeah. Commissioner Gort: And according to what you stated here today, it should go beyond that. And how do we go about that? Mr. Borges: So, for example, Coral Gables Mayor took the initiative of doing a map of the entire City of Coral Gables, high resolution. The resolution is important. A lot of times we're dealing with very low resolution flood maps, so they did a high - resolution study to relook at -- you know, the City has -- Commissioner Gort: Right. Mr. Borges: -- ups and downs. Commissioner Gort: Sure. City of Miami Page 63 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Borges: I mean, we have areas here that are 18 feet. We have areas that are three feet that are almost at sea level. Commissioner Gort: Right. Mr. Borges: So understanding the subtle topographic changes that we have in the community is important, is key, and it's one of the tools that we've recommended we need. You know, the Planning Department really has to have the best information so that, as we overlay that over Miami 21 zoning, we could kind of understand that this is something that is going to have be by overlay; kind of understanding how some neighborhoods have more flood risk than others. And how do we, you know, make sure that the zoning is adequately applied to that, you know? So it starts with good a map, high resolution, and then we overlay that over zoning, you know. Commissioner Gort: Also, I understand that our Building Department has come up with the meetings they had with FEMA, and they did an analysis and a study that was presented to FEMA, and I think we were able to lower insurance because of that. Now, my understanding is today, when you go apply for a building permit, you are asked to go even a little higher than what it used to before; am I correct? We need to go even higher than that. Mr. Borges: So, again, FEMA is -- I think it's an ancient document right now, if you - Commissioner Gort: Right. Mr. Borges: -- really talk to people that understand the way those maps were created. Now we're working with NAVD (North American Vertical Datum) instead of NGVD (National Geodetic Survey - Vertical Datum), which is more specific to this region, and how sea level changes regionally, so we're dealing with the true sea level here in South Florida. But the point is that once you understand the topographic map, you know, then you create a regulation that exceeds FEMA regulations -- Commissioner Gort: Right. Mr. Borges: -- which is going to make all the insurance companies very, very happy, and then individual buildings more resilient, and the infrastructure more intelligently designed and more resilient. Commissioner Gort: Thank you. Mr. Pathman: Commissioner, if I could address one thing. You asked about the mapping. 1 think it's very, important why we're asking for it. FEMA is 20 to 25 years behind in their mapping. It's an exorbitant cost for them to map not just South Florida, but the country. So if we wait for them, it's going to be complicated and more difficult and more costly. If you start doing it now, at least it gives us the ability to look at the areas that are going to be most impacted, and it also will help keep us -- our score -- what they call the "Community Rating Score System,- which is how they then assess what cost of insurance will be. If we can lower our score, we can lower the insurance. Commissioner Gort: Right. Mr. Pathman: That's what's important. Commissioner Gort: Okay. Thank you. City of Miami Page 64 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Discussion. So the discussion -- How you doing, ma'am? Linda Alger: Hi. Chair Hardemon: Are you on the committee? I'm not sure. Ms. Alger: I'm not. I'm just a resident of the City ofMiami, and I would love to make a comment, if you will allow me. Chair Hardemon: You are a resident of this City. Ms. Alger: Yes. Chair Hardemon: You're not 'just" a resident. Ms. Alger: I am a resident of the City of Miami. Chair Hardemon: And how long have you been a resident of the City of Miami? Ms. Alger: Yes. Commissioner Gott: A few years. Chair Hardemon: A few years? Ms. Alger: Okay, thank you. Linda Alger, 2784 Southwest 29th Avenue, Miami, Florida 33133. I'm lucky. I'm one of the people that live on one of the higher elevations here, but I'm told that what good is living on a higher elevation if the access roads around your neighborhood flood, and you can't get in and out, and your neighborhood becomes an island? So we're ground zero. This is what I hear. We're ground zero. We live on porous limestone, so even if we build seawalls, we're not going to keep the water out, because it's going to come up through our limestone as the water level rises, which it is doing. So, apparently, back in the -- like 1958 -- there was the first clarion call about global warming, because of all of the increased use of fossil fuels. In the 2000s, we started having Earth Days, I believe, where we wanted to take individual action to change our lightbulbs, but unfortunately now, it's gone beyond that. So the message I have to you guys today is that -- well, number one, oceans absorb the increased heat from the atmosphere and increases the volume of the oceans, and at the same time, they're getting the ice melt from Antarctica and Greenland. So it's a two -edge sword that's raising the sea levels, and of course, back to us being at ground zero. I believe that one of the most important things that we've got to do right now locally is educate, educate, educate the people that live in Miami. I talk to people about this every chance I get, and very few people know anything about it. I believe that this City could be very proactive in sponsoring some local seminars, where residents can plug in and get more educated. There's a huge learning curve to learn about it and to understand it. I believe that Sunshine State, that we call our state, needs to be become the "solar state, " but, of course, again, I'm here to ask. for local action. What they're doing is so important. If we change zoning codes and we change building codes, and our residents don't understand why we're doing it, they're not going to be very happy. So we educate the residents so they understand why we have to take these tough, tough actions to change the building codes. And another picture: We're a tourist economy. From what I understand, for every two degrees -- if the ocean's heat -- you know, the temperature of the oceans is raised two degree Celsius, our coral reefs start dying off. Tourist economy; dead reefs, not good; not good for fishing, not good for -- not good at -- because our reefs also provide protection to our land in hurricanes. There's so much I could say, and I know you're not going to let me say everything that I'd like to say. I'm worried about City ofMiami Page 65 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 our mortgages. When will the mortgage companies stop writing 30-year mortgages? That's the elephant in the room, right? -- or the gorilla, or whatever we call it. The 30-year mortgages, when will we stop being able to get 30-year mortgages? Well, that will affect our real estate value and our markets, and in this state, we get our income to run our cities and our counties and our state from our property taxes. So when that happens, it's going to make it much harder for people in a community like this to buy a house or sell a house or a property. So my -- what I want to say is the time for talk has stopped. The time for more 10-year studies have stopped. There's lots of studies out there. I believe that we need to empower this Committee to do what they need to do. We need to educate all of our residents in the City of Miami so that they understand why we need to make changes. And I guess my, closing remark is going to be: The ice is melting, the Earth is warming, and sea level is rising. So, please, locally, take action so that we can show other communities that local Commissioners can start doing what needs to be done, and hopefully, other communities will follow your example, okay? Thank you very much for letting me speak. Chair Hardemon: Thank you so very much. I know we've concluded the DI (Discussion Item) item. However, Commissioner, there was one issue that came up. I was speaking to a resident when I stepped away from the dais, and I just wanted to be able to bring this resident up so he has an opportunity to make his statement in front of the Commission, and if the board decides they want to handle this issue, they can. If they do not, then they do not, but I want to at least give him -- (UNINTELLIGIBLE). John Snyder: Hi. Commissioner Gort: I'd like to get a copy. Mr. Snyder: Yes. Commissioner Gort: A copy of the recommendations; I'd like to get a copy of it. Chair Hardemon: Okay. Commissioner Gort: Because I think a lot of those things, we can start implementing, like the change of zoning. Like the lady was stating a little while ago, you have to educate the community why you need to make some changes. Chair Hardemon: Okay. So you'll make a -- provide copies for the board. Commissioner Carollo: Could I get a copy also? City of Miami Page 66 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 DI.3 DISCUSSION ITEM 1607 Commissioners and Mayor FOLLOW UP DISCUSSION ITEM REGARDING CLASSIFIED VERSUS UNCLASSIFIED POSITIONS IN THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item DL3 was deferred to the March 9, 2017 Regular Commission Meeting DI.4 DISCUSSION ITEM 1683 Commissioners and Mayor DISCUSSION REGARDING A COMMISSIONER'S ABILITY TO PLACE ITEMS ON THE AGENDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item DL4 was deferred by unanimous consent to the February 9, 2017 Regular Commission Meeting. Chair Hardemon: DI.4. CommissionerCarollo. Commissioner Carollo: Yes. Chair Hardemon: DL4. Commissioner Carollo: Oh, DI -- oh, Pm sorry. Can we defer that to the next meeting? I know the City Attorney met with my staff during briefing, but I wasn't there. Commissioner Gort: Yeah. You asked to defer? Commissioner Carollo: Yeah. Chair Hardemon: Without objection. Vice Chair Russell: Mr. Chairman,1 do have to leave. Chair Hardemon: All right. Well, then, it's 11:59. We can break for lunch and then come back at 2 o'clock to -- have the rest of the agenda. Am I missing something? No? City of Miami Page 67 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: 2:30? Chair Hardemon: Meeting is in recess till 2 o'clock. Commissioner Gort: 2. 30? Chair Hardemon: 2: 30 -- Commissioner Gort: 2 o'clock? Okay. Commissioner Carollo: 2: 30. Chair Hardemon: You know what I'm afraid of. Vice Chair Russell: 2: 30, is it? Chair Hardemon: Okay. 2, 2, 2; let's do 2. Vice Chair Russell: 2 o'clock. Chair Hardemon: Because we have the public hearing stuff at the beginning. Commissioner Gort: Yeah, yeah. Chair Hardemon: Continuances. END OF DISCUSSION ITEMS City of Miami Page 68 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: (UNINTELLIGIBLE) the procedures for the PZ (Planning & Zoning), so once the Commissioners come, we can just start. Victoria Mendez (City Attorney): Yes, Chairman. PZ 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 to remove the presumption of prejudice, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. 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. Staffwill 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 staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 in the City Code -- and the City Code, providing that 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 recommendation they may have. All persons testifying 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 have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll 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 items. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you. Generally, at this time, we have our public comment section. I want to wait till at least we get one more Commissioner so that you have a few more -- a couple -- at least one more ear to speak to, so that's what we're waiting on right now. Okay. So at this time, I'll open up the floor for public comment. This is the time where, if you're here to speak on any of the items here on the PZ agenda, you have two minutes to address this body. State your name, your address, which item it is that you're here to speak about. So I'll open up the public comment section again at City of Miami Page 69 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 this time; two minutes for you to address this body about any item that is on the PZ agenda. State your name, your address, which items that you're here to speak about. And so, you can approach any of the lecterns. Oh, I'm sorry, I apologize. One more thing: Are there any continuances, deferrals, or withdrawals? Let's make those be known now. Francisco Garcia: Yes, sir, there are. Francisco Garcia, Planning & Zoning director for the record. My only concern is that, if there are going to be continuances or deferrals, there will -- oh, there are three Commissioners present; my apologies. So, yes, I will then read the items that are proposed to be continued or deferred: Items PZ.1 and PZ.2 are being requested for a deferral to March 23 -- that's March 23; PZs.3 and 4, indefinite deferral; PZ.5, indefinite deferral; PZs.8 and 9 to February 23; PZ.10, there is a request from, I believe, Commissioner Suarez that it be continued so that we can continue to meet with concerned stakeholders. I don't have a specific date, so I'll withhold, unless someone from Commissioner Suarez' office wants to opine. PZ.11, indefinite deferral; PZ.13, withdrawn; PZ.14, withdrawn. Chair Hardemon: It was 14, correct? You said 13 and 14? Mr. Garcia: 13 and 14, sir, yes; withdrawing both. And that's what I have fbr -- at the moment. I'm sorry, I am hearing now that there is a request, also, that PZ.16 be deferred to the Planning & Zoning meeting of the month ofApril. Chair Hardemon: Can you state it again for me, please, Mr. Garcia? Mr. Garcia: Of course. PZ.16 is requested to be deferred to the Planning & Zoning meeting of the month of April. I'm sorry, one more. PZ.12, I understand, is also being requested to be continued to the Planning & Zoning meeting of the month of February; that's February 23, ifI'm not mistaken; to be confirmed by the City Clerk. I apologize. Chair Hardemon: Okay, Commissioners. So the -- I'm sure all of us heard all the items. Is there a motion to --? Commissioner Gort: Move it. Chair Hardemon: -- handle that? Victoria Mendez (City Attorney): 1 think the Clerk wants to ask you -- Todd B. Hannon (City Clerk): I just want to make sure we're all on the same page on this one. Chair Hardemon: That's fine. Mr. Hannon: Okay. I'm just going to go down the list. I have PZ.1 and 2, continued to February 23. Mr. Garcia: Sony, no; March 23. Commissioner Gort: March 23. Mr. Hannon: March, March 23. One moment. So PZ. 1 and 2, deferred to March 23. Commissioner Gort: Right. Mr. Hannon: PZs.3 and 4, indefinitely deferred; PZ.5, indefinitely deferred; 8 and -- PZ.8 and 9, continued to February 23; PZ.10, we're going to not address that at the City of Miami Page 70 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 moment until we know which date Commissioner Suarez wants to either continue or defer this item, so PZ.10, at least as of this time, will still remain on the agenda. PZ.11 will be indefinitely deferred; PZ.12 is going to be continued to February 23; PZ.13 and 14 are going to he withdrawn; and PZ.16 is to be deferred to April 27. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved and seconded [sic]. Is there any further discussion from the --? Sir, you know these are procedural motions. It does not involve any comment from the public or any argument. Elvis Cruz: Just want to object to a deferral, sir. Chair Hardemon: No problem. Is there any further discussion from the board members? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Elvis Cruz: Mr. Chairman. Chair Hardemon: One second, please. Okay. I want to recognize you for public comment. This is our public comment section, so I recognize you first, and then I'll go to you, sir. Mr. Cruz: Mr. Chairman, I had actually wanted to speak to the deferral that was offered for PZ items 3 and 4, because those have already been here at City Hall for public hearings seven times. We have a number of citizens that are here. This was just sprung on us at the last minute. Please note that the last time we were here before you was on October 27, so the applicant has had plenty of time to repair -- to prepare. It is our belief that is -- this is nothing more than a politically tactical move with this deferral. It's extremely rude and incourteous [sic] to the public, and we would ask that you not defer it, and that you do hear it today. Chair Hardemon: Thank you, sir. You're recognized, sir. Don Deresz: Don Deresz, 1852 Southwest 24th Street. Mr. Chairman, may 1 have three minutes? I'm going to speak on two items. Chair Hardemon: You -- just speak. Mr. Deresz: Thank you. Mr. Mayor, Commissioners, the owner of 2225 Southwest 18th Avenue -- this is PZ.16 -- Lance Lazarus (phonetic) purchased a very expensive house, and what he bought is a very -- Chair Hardemon: I want you to know that PZ.16 was -- Mr. Deresz: I know. 1 want to get it on the record though, please. Chair Hardemon: Okay. Mr. Deresz: And the other item. What he bought is a very expensive house; a house with a zero lot line parking lot in the back yard, which was illegally paved many years City of Miami Page 71 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 ago, without a permit. The owner's goal is to demand nonconforming office use in this house, as zoned in a residential area, in complete opposition to the Miami 21 Zoning Code. The office use of this house has been allowed in the past by administrative directives, without a public hearing, as it contributes to negative occurrences that decrease the value of our houses and quality of living, such as an increase in traffic, overflows street parking into many residential blocks; and as I recently learned, party noise levels into the night by office employees of an adjacent building owned by this owner. At a December 15 meeting with two Commissioners, members of the Planning & Zoning Department, and many residents of Silver Bluff who take pride in our neighborhood; the owner -- or his representative -- incredulously finalized his remarks that these problems of traffic and parking in our neighborhood are not their concern, and kicked in the ultimate threat of suing the Commissioners, the City and its citizens if he doesn't get what he wants. Even more astonishing, instead of working to improve the traffic issues, parking problem and quality of life in our neighborhood, the Planning & Zoning Department detrimentally approved this application, with a simple online search of any recent complaints, without consulting any residents. Furthermore, the Planning & Zoning Department also exhibited utter ignorance of the requirement for mandatory termination of all nonconforming land uses under Miami 21 Code. The owner erroneously assumes that his application complies with Section 2212, titled, "Nonconforming Use Pilot Program, " which expired on August 1, 2016, last year. In fact, this application of a nonconforming office use would prove to be materially adverse to several criteria in Article 4, Table 12, such as building function and density, parking standards, and ambient standards. Doesn't anybody in Planning & Zoning read these documents, as the Planning Department's exasperating and irrational decision will contribute to real problems that negatively affect our City of Miami neighborhood? They should be helping to solve these traffic, parking, and noise problems; not add to them. Finally, to quote Ordinance File Number 1100492ZT, "This expired nonconforming use pilot program was originally enacted to allow businesses to continue where their certificate of use was lapsed, due to the economy." This owner did not have a business on that property when the certificate was negligently lapsed. The certificate expired prior to their purchase of the property. The owner bought a house. He has a beautiful house with a noncompliant parking lot in a very friendly and family -orientated, working-class, residential Miami neighborhood. Again, PZ.10, which also asks for parking in a nonconforming use, in the TR-3 areas, all of these -- this rationale that I presented to you also applies to a denial of PZ.10. Chair Hardemon: Thank you very much. Mr. Deresz: Thankyou. Chair Hardemon: If you want to include that into the record, you can pass it to the Clerk, and he can -- Mr. Deresz: Thank you. Chair Hardemon: -- supplement the record. Mr. Deresz: Thankyou, Chair. Chair Hardemon: Thank you. Brett Bibeau: Good afternoon. Chair Hardemon: Good afternoon. Mr. Bibeau: Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street; here to read a letter into the record that's City of Miami Page 72 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 being distributed from Miami River Commission Chairman Horacio Stuart Aguirre. "During a public meeting on November 14, 2016, the Miami River Commission considered a draft amendment to the Zoning Code which would allow crew quarters in marine industrial zoning. The Miami River Commission unanimously recommended approval of the draft Zoning Code amendment to allow crew quarters in DI, D2 and D3 zoning, with the following four conditions: Number one, insert to maximum density. Currently, the amendment does not have any maximum density at all. Number one, insert to maximum density, not to exceed one crew quarter per permanent boat slip in the marine operating permit. Number two, requiring the warrant is presented to the Miami River Commission to create an advisory recommendation for the City Administration's consideration prior to the City Administration issuing a decision on the warrant application. Number three, to insert City Planning Director Garcia's suggested word, 'dormitory,'" quote/unquote, "into the definition of 'crew quarters.' And finally, number four, replacing the words, 'or more,'" quote/unquote, "with the words," quote, "'temporarily stored.' Your time and continued strong support for the Miami River District are appreciated." Thank you very much. Chair Hardemon: Thank you, sir. You're recognized ma'am. Marissa Neufeld: Good afternoon. My name is Marissa Neufeld, with offices at 333 Southeast 2nd Avenue. I'm here to speak on PZ.22. I have a client that is a property owner and is in the process of developing a self -storage facility. They are not opposed to this legislation, but we would just ask for a 60-day delay to the effective date, because this client has relied on the current drafting of Miami 21 in designing a public storage facility with an architect, so we'd ask for a 60-day delay to this item. Chair Hardemon: Thank you. Ms. Neufeld: Thank you. Chair Hardemon: You're recognized, ma'am. Meena Jagannath: Good afternoon. My name is Meena Jagannath. I am an attorney at the Community Justice Project, 3000 Biscayne Boulevard, Miami 33137. I wanted to object on the record to the deferral of items PZ.8 and 9. I represent Kirk Munga (phonetic), who's a qualified intervenor and -- for those items. And I wanted to urge you to reconsider the deferral and if you will not reconsider it, then to request that you re -notice the residents, because it's been six months since the initial notice was given to them on this matter. Thank you. Chair Hardemon: Just because you go from one side to the next doesn't mean I won't recognize you. Vice Chair Russell: (UNINTELLIGIBLE) by mistake, I'm sure. Chair Hardemon: I'm just joking with you. Go ahead. Mr. Cruz: Yeah. Actually, I misspoke when I was over there. I was objecting to 8 and 9, not 3 and 4, but apparently, that's already been deferred? That decision is made? Chair Hardemon: 8 and 9, yes; it has been deferred. Mr. Cruz: Okay. All right. I -- in that case, I wish to speak to item PZ.10. Elvis Cruz, 631 Northeast 57th Street; in opposition to item PZ.10, the parking in T3. This item came before you about six to nine months ago, with objections from citizens across the City, and it was defeated. Now it comes before you for a limited area along Coral City of Miami Page 73 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Way. First and foremost, this proposal is illegal, as was confirmed by Planning Director Francisco Garcia, in a meeting we had a couple days ago. Commissioner Gort: That's not what he said. Mr. Cruz: This is in conflict with the Future Land Use Map of the Comprehensive Plan., and therefore, illegal. This item should be withdrawn. I would strongly caution you against amending the Future Land Use Map to allow something like this, because that would open a Pandora's Box of unintended consequences. Residential zoning exists for a very good reason: to protect residents from commercial intrusions like this. This amendment is an attempt to be "slightly pregnant"; it doesn't work. Make no mistake, it is a slippery slope, and it will certainly spread across the entire City. If this is approved, commercial properties all across the City will point at this and say, "Look, you gave it to them. Now give it to me," and you will find it very difficult to fight the negative precedent that would have been set here today. I ask you, please protect our T3 neighborhoods from commercial parking, even if its sugar-coated in a Trojan horse fashion, like this proposal here today. Thank you. Ulysee Kemp: My name is Ulysee Kemp. I reside at 76 Northwest 39th Street. I'm the president of Buena Vista Heights Neighborhood Association, and I'm here to speak on PZ.8 and PZ.9. But I want to get an understanding that the deferral that was read out, that's already a done deal? That's going to happen; that's deferred? Vice Chair Russell: It is deferred. Mr. Kemp: It is deferred at this moment? Okay. Thank you. Chair Hardemon: You're recognized, ma'am. Beba Mann: Good afternoon. My name is Beba Sardina Mann. I'm the president of Silver Bluff Homeowners Association, and I'm here to speak on PZ.10. I'm not sure if it has been continued or not. It has not? Vice Chair Russell: Yes. Chair Hardemon: Not yet. Ms. Mann: It has? Chair Hardemon: No, it has not, because PZ.10 was an item that we were waiting to see exactly when they wanted to defer it to. They -- we're waiting on Commissioner Suarez. I believe that's the one, right? Yes. Ms. Mann: Right. So I'm not sure whether I should be speaking now or wait -- if it's -- Chair Hardemon: I'll tell you that it will be deferred; we're just waiting on a day. Ms. Mann: Okay, because I would also like to hear from the Planning director is if in fact, what Mr. Elvis Cruz just stated is what -- he came up with a conclusion, because we had a conference call in which he was going to come back with the research, so 1 don't have an answer. Chair Hardemon: I would suggest that you go to see him now, and then -- because we're not going to tackle that issue today, if it's going to be continued. Ms. Mann: Okay. City of Miami Page 74 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: So if you want to speak to him now, you can. Ms. Mann: Okay. So just for the record, l just want to make sure that this Commission understands perfectly well that, as president of the homeowners association, I have gone through the entire 22nd Terrace, given out flyers; we've had several meetings, and the residents of 22nd Terrace, between 17th Avenue and 27th Avenue, are supporting this ordinance, with some conditions. And I'm going to read the conditions, because I hope that, perhaps, when this actually gets heard, our Planning Department has kind of put that in there, because I've been saving this since we went to the PZAB (Planning, Zoning & Appeals Board), and they're still not there. The ordinance is written in a way where it can be interpreted in a lot of ways. So if I may, can I just make my presentation and go ahead? Thank you. So I'm going to read so I don't go off and go in different directions, because I have a lot of directions to go into. I'm not here to impose my views, but to defend my name and my position. At the last hearing, my name and my husband's name were mentioned and singled out that we were the only two people in favor of this ordinance, as if we were taking this position without consulting the community. I resent that, and I represent that community. Allow me the opportunity to clarify why we took this position. I have never made a decision without first consulting the residents of Silver Bluff. My position, when I come before you, is not based on my personal opinion, but that of all the residents in Silver Bluff that are impacted. Silver Bluff meets quarterly, and at minimum, we have 30 to 40 people attend. Both Commissioner Suarez and Commissioner Carollo have been, and see how many attend to our meetings; last meeting was' at least 70 people. As you recall, the concept of this ordinance started because of an up -zoning on 22nd Terrace and 13th Avenue. Last year, an attorney for a potential future project asked to meet with me regarding the project that he was working, on Coral Way, between 17th Avenue and 27th Avenue; the only stretch of Coral Way with a protective T5. They wanted to up - zone the T5 to a T6-8 and the T3 to a T4. I expressed at that time that we would not be supporting this up -zoning. We do not want up -zoning residential properties for parking or for any other reasons. We want to keep the integrity of a well -established single-family residential neighborhood. After much back and forth, the concept of this ordinance carve up, and they came back with a new proposed project: Single family home resident on Southwest 22nd Terrace, and borrowing a back portion for the garage servicing the building on Coral Way. I had a meeting with the residents of 22nd Terrace and explained the proposal and the concept. We then had a follow-up meeting with the residents of 22nd Terrace, the developers, and their attorney. It was unanimous vote in the favor of the project and the concept of this ordinance, with conditions. 1 contacted the homeowner associations of Coral Way: Golden Pines, Shenandoah, Vizcaya Roads, and the Roads. The -- by invitation, 1 attended a Roads meeting to explain what the City was proposing regarding this ordinance. Once the process of this ordinance started, I believe that, at the directive of this Commission, Francisco Garcia attended one of our MNU (Miami Neighborhoods United) meetings to explain what this ordinance was about. The Roads took their position, which I understand and respect. All the lots along 3rd Avenue are much larger than the lots on Coral Way, and a new development should not need to borrow from the residential lot to increase their parking. Also, the streets don't parallel like Southwest 22nd Terrace does to Coral Way. Shenandoah does not object. I have spoken and exchanged emails with the president of the association, and he feels that this is a good compromise to protect the residential integrity of our neighborhoods. Shenandoah is on the other side of this proposed ordinance along Coral Way. Since its inception, this ordinance has changed from citywide to only the section of Coral Way from 13th Avenue to 27th Avenue. I have expressed our conditions to the PZAB at the PZAB hearing, and I am also stating them in writing to be clear that this is not something that I am supporting personally. This is something that Silver Bluff residents of Southwest 22nd Terrace are supporting -- are also supporting. We will -- feel that removing the need to up -zone, allowing them to only use a portion of this residential lot for the garage is a win/win for both the developer and the residents. The ordinance is not clear on some of the City of Miami Page 75 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 protection we have requested for the record. So let me read those conditions. Number one, the residential lot on Southwest 22nd Terrace or the avenues must occupy at least 80 percent as a single-family residential unit; need to make it clear that allowing parking must be only in the back of the residential lot, and the parking shall not cover the entire lot. The -- in the ordinance, the way it's read, you really cannot understand what the ratio is; how much of the residential home will become part of the parking garage of the Coral Way property. Number two, the garage should be lined with trees with a height of 25 feet to cover the structure. Article 4 of the New Parking Facility Amendment does not clarify coverage. This should be clear, specifically for corner lots and the part of the garage next to the residential property. Provide a noise barrier. There should be no openings to facing the residential property; in other words, the part of the garage that is on the residential lot should not have openings. We don't want to see the lights of the garage, the headlights of the cars, or hear the noises that come from the garage. The rooftop shall not be used for parking under any circumstances. This exception should not be easily obtained. Applicants should prove hardship regarding the parking need and the reason underground parking is not feasible. Recently, I was alerted to a condition -- to a phenomen [sic] that we're experiencing in Silver Bluff The owners of the properties on Coral Way that own the back lots are literally taking down the fences, taking down the walls, and using that back of that property for parking already as we speak. So as -- you can imagine what kind of nightmare this is for the next -door neighbor. We would also like to see that this ordinance is strictly for new development. The last thing we would like to see is that these old buildings on Coral Way are trying to add some strength structure to the backyard of the residential home. We all know how creative people can be around town, so we do not want to see that. So, Commissioners, we have a spillover of commercial parking on Southwest 22nd Terrace that is destroying the quality of life for its residents. We believe that this ordinance in the future will allow new development to have the adequate parking to stop this overfill. This section between 17th Avenue and 27th Avenue is unique in character and in Zoning Code; the only T5 section on Coral Way. We're asking for your support with this ordinance, and I will be back. Chair Hardemon: Thank you. You're recognized, ma'am. Susan Braun: My name is Susan Braun. I live at 45 Northwest 44th Street, Miami 33127. I'm here in opposition to PZ.8 and PZ.9. Mr. Chairman, I hear it has been deferred, and I would like to put on the record my utter disgust at this deferral. Seven PZABs, the third time we've been here, 10 to 15 neighborhood meetings. How many times do neighbors have to say "no"? It is such a hardship for us to come down here. People, they take off work, they're tired. People get tickets going back, their cars break down. It's callous, it's abusive. The re -- the applicant has owned this property since 2009. It's a bit of a shell game, because there' so many different corporate companies on top of corporate companies. 2009, (UNINTELLIGIBLE) bought it. The applicant knew as early as 2015 that they wanted to do civic institution. So they might be saying, "Oh, no, we need to do outreach JroCI (civic institution)." They've had plenty of time. In PZAB 7 -- PZAB 6, the board member said, "Go meet with the neighbors about CI" In PZAB 7, the applicant's attorney said, "Well, we did neighborhood support, and they still want it." There was no neighborhood support, and not a single meeting after PZAB 6, and told them to do it for PZAB 7. It's just a continuum of lies, because they thought they had the political cover of the two other HOAs (Homeowners Associations). Now the reason they're deferring today, because we have 400 signatures. I got the signatures of Buena Vista Neighborhood Association, Heights Association, and the stakeholders, and Lorena's neighbors. They are three -- to my knowledge, as I have led the opposition, there are three people who want it: Lorena, Evelyn and Donald Shokee (phonetic), who all have skin in the game; we'll just leave it at that. A big challenge has been that this is a done deal. What does that mean, "a done deal"? It's an insult to you as much as it is to us. You know what I'm saying. They think that this is correct. Why is the applicant getting a deferral for City of Miami Page 76 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 the umpteenth time to do --? Because they knew they were going to lose. We had 400 signatures, and 1 personally, over -- was there when they were -- most of them were signed; they're valid. 1 even, on the (UNINTELLIGIBLE) after 47 signatures, 1 saw four that were outside of Miami. I put a filter block, because I wanted quality signatures over quantity, and we have over 400. And I sent it to you in an email, and you could -- and what's really lovely about this are the comments; comments from people I don't know, who are my neighbors, who support us. The applicant has only deferred because they knew we were going to kick their butts today with the truth. My neighbors do not want this obscene garage in this residential neighborhood, with wonderful history, with wonderful character. This is not a transient community, as they would like you to believe, and they're going to come in and clean up. People lived there 20, 30, 40 years. Please. The deferral is such an outrage, because people are going -- have to take off their jobs again, cancel their doctors' appointments again, do what they have to do again, to appease millionaires and billionaires. And I have always defended you against everyone, Mr. Chairman. I am the one that said, "It's not a done deal." I believe in Keon Hardemon. Chair Hardemon: It's a continuance. I understand what you're saying; the people are inconvenienced. Just think about court or any other thing where you have a lot of items on an agenda, where someone comes and they say, "1 request a continuance." Sometimes, they're granted; sometimes, they're not, but it is a continuance. It's not -- Ms. Braun: May I --? Chair Hardemon: Hear what I'm saying to you. Ms. Braun: May -- Chair Hardemon: Hear what I'm saying to you. Ms. Braun: I'm sorry. Chair Hardemon: It's just a continuance. We may reconsider our continuance; you never know. One -- the parties may, be here. They may say, "You know what? Forget it. We'll hear it today." Ms. Braun: Let's hear it today. Chair Hardemon: No, no, no, but you're not a party. You understand what I'm saying? So sometimes, that happens. Sometimes, you get here and the Commissioners say, "You know what? No. No more continuances." Right? Sometimes, that does happen, but it's just a continuance. I'm saying to you -- Ms. Braun: I just want to ask you a question. Chair Hardemon: First is there are two more items that are on the agenda today that are going to he continued, which means that they will be heard. It is not a vote in favor or against. It means that we can address the rest of the business that other people are here to address, because this item won't be discussed. So, for instance, we just heard about another item. We heard six minutes of talk about an item that's going to be continued. Well, that could have been six minutes that could have been given to someone else that are going to talk about something that's actually on the agenda that we're going to hear. And so, you know, just -- it's a continuance. And no matter what people say -- Look, there have been items that have been presented before the Commission that I have not been -- Ms. Braun: I can't hear you, I'm sorry. City of Miami Page 77 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: There have been items that have been presented before the Commission that 1 haven't been in favor of that were in my district that passed. The same thing happened with Commissioner Sarnoff in his district. I say "Sarnoff," he's no longer here. Right? Now, I've seen this happen time and time again. And so, you can't say that it's just -- it's always a -- People say what they want to say, but at the end of the day, one thing that I know sitting here, and I know each of the Commissioners that are here -- sit here know is that we don't know anything until we get up here and we discuss it. Ms. Braun: I appre -- Chair Hardemon: I don't know how any of these Commissioners feel about anything; and most likely, you don't, either -- Ms. Braun: I agree. Chair Hardemon: -- because we don't know these things. Ms. Braun: I agree, I don't' know, so I have a question for you. May I please ask, why the applicant requested a deferral and why you granted it? Because if it's about CI and community outreach, it's all -- it's untrue. Chair Hardemon: Okay. Ms. Braun: May I ask you why they requested a deferral -- Chair Hardemon: I just -- Ms. Braun: -- and they didn't even give the courtesy to the opposition of a notice? May I ask you please --? Chair Hardemon: The notice was -- Ms. Braun: And I don't know -- Chair Hardemon: I don't -- Ms. Braun: You're right, you're right, I don't. Why did they request a deferral, please? Chair Hardemon: I don't know. Was there a reason to defer it? It was a request for a deferral. We didn't -- I don't -- the Commission didn't ask. It was a request made for the deferral, and then, just like everything else, it was granted; that's all that it was. I hear what you're saying. I understand that you're not happy that it was -- Ms. Braun: Because right now, this conversation right now makes me -- come on. You know -- I think -- Chair Hardemon: No, listen. Ms. Braun: -- Craig was on the phone with you. Chair Hardemon: There -- I go to court, and there are people who ask for a continuances, and they're granted; sometimes, they're not. Sometimes, you have a group of judges or a judge that says, "No, we're going to hear this today, because X ' 'Y,' and 'Z, "' right? It happens. It's just a continuance or a deferral. When is it continued to? City of Miami Page 78 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Braun: February 23. It's abusive, it's callous, it's a hardship. Chair Hardemon: It's a continuance, but thank you. Ms. Braun: I appreciate it. Chair Hardemon: Is there anyone else? Sir, you're recognized. Ms. Braun: Thank you, gentlemen. Luis Herrera: Good afternoon. My name is Luis Herrera, 1191 Southwest 22nd Terrace. I come to speaking about PZ.10. I'm going to asking all the Commissioner right here that thinking about it. We brought this property to live in a peace of mind, in peace. Now the investor come into our neighborhood to destroy our neighborhood, to buying houses in the back to put some parking lot, and they continue to doing it all the time. The last time we here, in 13th Avenue and 22nd Terrace, we decide to turn down the parking in this area. And why we continue to do the same thing? I asking you people, please, all the Commissioners, it's a simple way to do it. Miami 21 was made to protect the neighborhood. I asking you people, protect the neighborhood, T3. Take it out of the change in zoning, complete it. The one is in Coral Way, commercial, they brought that property over there. Whatever they can do there in that particular land, let them do it; can't be T4 or T6, can't be that way. It got to be such a level that again, everybody be happy. In that particular lot in Coral Way, we can't do too much. But these people, they bought the property in Coral Way, if it had to be doing T3 -- three-story, let them do a three story. Leave the part of the back, the residential (UNINTELLIGIBLE) T3 alone. For a hundred or 10,000 years, be residential; that's what I asking you people. You represent us. The investor do not represent any the -- you. They got to convince you. And us, the resident, the one who pay the taxes, they want keep it the residential way, and still asking for residential. That's -- is my point. Deny this and keep it residential. Thank you very much. Chair Hardemon: Thank you very much. Later... Vice Chair Russell: Should I continue with public hearing? Chair Hardemon: Public comment yeah. Vice Chair Russell: All right. Public comment, please. Wendy Stephen: Hello. Good afternoon. My name is Wendy Stephen. I live at 101 Northeast 43rd Street. I'm here also on the topics of PZ.8 and 9, about the Dacra garage that was just being discussed. I was uncomfortable with the deferral. The problem now that I see is that that deferral occurred not quite an hour ago, and I do know a bunch of people have already left, so it's been very confusing for residents, so we do want full participation. I do believe opposition to this garage is building, not resolving; so I'm torn now about whether to hear it now, when the people who made the effort to be here -- it sounds like up to 10 times -- are now going to miss their chance, after being told from the dais that the -- Vice Chair Russell: It was deferred. Ms. Stephen: -- it was deferred, so there's been a lot of confusion here. I would just like to reiterate Susan Braun's comments that there's a ton of frustration, you know, from the public. We do take time off from work, we make arrangements for childcare, City of Miami Page 79 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 all these things; and, you know, we've been reassured before that the agendas would be more firm and it -- we're still seeing huge proportions of the agenda knocked off you know, which, I'm sure, is a relief for you guys, to a certain extent, but for the people who are coming, it's -- it is a burden. So I would ask that more time be put into finalizing the agenda before they're published to the public, because that's what we rely on, and it's a big effort to come here. Thank you. Vice Chair Russell: Thank you. Many of the comments today, I think, will speak to this, and it is a common frustration. The work of the community activist is tireless and thankless; you're not getting paid, and there is a war of attrition that doesn't lean in your favor, obviously, but this is the vigilance that you have chosen to protect your neighborhood. If you believe -- Pm not speaking to the merits of this case, but if you believe this deferral is because it would not have passed today, then you would -- should consider that a victory, that you have momentum on your side. The fact that they have the right to now potentially try for another six months to either work with you or gain support is a win for you, in your mind. It makes it difficult for you to have to come back. It's not easy. The notification process could potentially use some great improvement in terms of how the public is notified, and sometimes is at the eleventh hour that these things happen, so I certainly sympathize, but we have a process. Public comment continues, please. Thaddeus Scott: My name is Thaddeus Scott. Tin a resident at 3794 Florida Avenue, and these are my neighbors. Maggie Porcher: My Name is Maggie Porcher. Vice Chair Russell: Would you speak to the microphone, please. Ms. Porcher: Maggie Porcher, 3553 Hibiscus Street, Miami, Florida 33133. Vice Chair Russell: Thank you for coming. Anthony Porcher: Anthony Porcher, 3553 Hibiscus Street, Miami, Florida. Mr. Scott: And we're here to stand in support of PZ.23 in the historic designation that it has. We're standing in support of that, and to also to comment about the appeal that's been brought forth to try to stop that project. We just want you to know that we support it. Vice Chair Russell: You're in support of the designation, not the appeal; is that correct? Mr. Scott: Right, not the appeal. Vice Chair Russell: Just wanted to make sure I understood. Mr. Scott: Yes. Vice Chair Russell: Thank you. Mr. Scott: Yes. Thank you. Vice Chair Russell: Thank you. Marlene Bastien: Good afternoon, Mr. Chair, members of the Commission. I don't think I've seen you since the New Year, so Happy New Year. City of Miami Page 80 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: Happy New Year. Ms. Bastien: 1 did see you, Commissioner Russell, on Saturday, so best wishes for a healthy New Year. My name is Marlene Bastien, 100 Northeast 84th Street, and we are here because we stand in solidarity with the habitants of Buena Vista. We came here to speak against the erection of 800 vehicles parking in the middle of their neighborhood. The neighborhood, as you know, are inhabited by immigrants who settled there for years, a lot of Haitian immigrants, and new members of that community. I'm also against the deferment, and I know that you understand the frustration expressed by those of us who cane to speak today against this project, because most of us work. We have to leave everything we were doing for the day to come and speak, and then, when things change for more than once, it really has an impact in our lives and in our work, so I know that you appreciate that. Also, since I'm here -- and I don't know what's going to happen today; if you're going to decide to move on with the item or not -- I wanted to express our grave concern in Miami. It seems like cash and power developers have all the power in the City. They have the power to come in our community, ask for zoning changes, increase rent, divide our families -- right? -- push people out from their neighborhoods, and then they feel like they can do it. And I think that we really have to speak to the -- and then see the people who have been living in these communities for years, who 've sacrificed all they had to build strong families in these communities, and it then seems like they have no power when developers come with a lot of cash. Not only that we have to face local developers; we have to face developers from China, from Chili, from Venezuela. This is not right. I think it is time for the City to pay attention to residents, people who have been living in this community for years, who sacrifice their lives to build communities in the City of Miami. We cannot let this City be taken over by cash and power developers. I felt like I should say that, because I'm gravely concerned about all these mammoth projects that are being, you know, put together, and then we, the community, members of the community, we find out at the tenth hour. It seems we have no power. And then we seem to forget that, you know, the people have the power. The people are the ones who live, pay, taxes, live there in these communities days in and days out, and it is time that you leaders listen to us, so if there are 400 members of Buena Vista who say that they don't want a parking space, that's it; that should be enough for us, because they are the residents. They are the ones who pay taxes. They are the ones who make this community run well, strong. I felt that I needed to say that. Vice Chair Russell: Thank you, Ms. Bastien. Ms. Bastien: It is time. Enough is enough. We, the people, count. The voice of the people is the voice of God. Voice (UNINTELLIGIBLE). We need to heed the voices of the people. Thank you. Vice Chair Russell: Merci. Ms. Bastien: Merci. Vice Chair Russell: Thank you. Alana Greer: My name is Alana Greer. I'm a resident of Miami, at 2462 Southwest 20th Street. I came to speak on PZ.8 and 9, in support of the Buena Vista residents. And, really, if I could just echo what Marlene Bastien just said, I think -- first of all, 1 want to repeat that the deferrals really are such a huge burden on the community to come out, and that the side of -- the power and the money that are behind their side really help us considered in the procedural aspects. I hear time, time again, leaders in Miami mourning some sort of perceived lack of civic engagement, but if we're not actually using the power that you all have to create successful spaces here, where the community voices that are deeply engaged can actually be heard; not only to be heard City of Miami Page 81 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 today on that issue, but to take a step back and think about not just how many floors and what architectural style, or what kind of traffic patterns, but who we are building Miami for, and who's going to have access to this. As someone who grew up here -- live in Shenandoah -- I hope that nay -- I can build a family here that can own Miami the same way that I do in my heart and that this community does in their heart. And I hope that you all use your position to consider those deeper situations that are not in Miami 21, but are at the heart of who this City is. Vice Chair Russell: Thank you. Ms. Greer: And I oppose the garage. Thanks. Vice Chair Russell: Hello. Bianca Gorordo: Hi. Good afternoon. My name is Bianca Gorordo, of 2911 Grand Avenue, Miami, Florida 33133. As a proud Code 33 member, I'm here regarding PZ.23 to oppose the appeal of Dr. John Snyder, and respectfully ask that the Miami HEP (Historic and Environmental Preservation) Board affirm their original decision -- a unanimous decision -- as it relates to 3701 Park Ave. in Coconut Grove. The plans for the property align perfectly with the spirit of Coconut Grove. They will rehabilitate a run-down property, a historic property, all the while maintaining the nature of the historic property, which originally had two homes. By aligning with the originally nature property and maintaining that green space for the Grove, we will avoid another McMansion, which is antithetical to the spirit of Coconut Grove. The development of this property adds value. In short, it's an obviously good thing, so much so that it was already once unanimously approved. I ask today that you stand by your original informed decision and deny this appeal. Thankyou. Vice Chair Russell: Thankyou. Jesus Suarez: Good afternoon. My name is Jesus Suarez. I live at 4059 Park Avenue, and I'm here in support of the applicant to the HEP Board, 3701 Park Avenue Investment, LLC (Limited Liability Company), and encouraging the Commission to reject the appeal of Dr. John Snyder. I live right down the street from the subject property, and one of the happiest days of my life was the day that I bought my house at 4059 Park Avenue. I bought that house five years ago, and I'd like to live there for the rest of my life. And when I'm behaving well, I go for a run in the mornings, and I run right by this property every day, and it's a beautifid lot. It's a beautiful property. It's right at the end of Park Avenue and Douglas. And I started becoming concerned with development in the South Grove, when, right down the street from me on the other side, somebody, built what looks like an airport terminal, and candidly, it does. These big boxes that everybody talks about and says, "How did one of those go up in my neighborhood?" So when I heard that there was something going on on the other side of the street, I said, "Whoa, what's going on? Is this something that's going to be good for the neighborhood?" And then I saw the plans, and the plans are fantastic. You know, progress is inevitable; houses have to be redeveloped, remodeled. And the plan that has been approved unanimously by the HEP Board is the kind of responsible sustainable development that I'd like to see more of as a resident of the South Grove and a hopeful long-time resident. So I'm here to speak emphatically in support of the applicant and against the appeal, and encourage the Commission to affirm the HEP Board's unanimous decision. Thankyou. Vice Chair Russell: Thank you. Could we balance some folks over here so that we can go back and forth rather quickly? If half of you would be glad to use the other lectern, that'd be great. City of Miami Page 82 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Schiller Jerome: Good afternoon, Commissioners. My name is Schiller Jerome. 1 live -- reside at 24 Northeast 47th Street. I'm here to speak in behalf -- in regard to PZ.8 and 9. Before 1 start, 1 just -- if I can, 1 would like to acknowledge everyone who came here to speak in regards to PZ.8 and 9; it's a lot of us, and I think that being that it may get deferred, can we at least --? If those who came with PZ.8 and 9 could please stand up, so that way the Commission can see how many of us showed up today? Okay, perfect. I am the owner of 25 Northwest 41st Street, which is the property located right across the street from the projected site. I'm also the owner of 40 Northwest 44th Street, which is the property abutting the site right behind it. I'm not here to speak for and against it. That's not my position. My only concern with the project is in regards to the actual setback. Currently, right now, the way it's being presented is we're a five - feet [sic] setback. I can tell you that a five feet [sic] setback along the rear would not be advantageous to anyone, especially the abutting property owner, and it would really affect my property and my -- and the value of the surrounding neighborhoods. So again, whatever decision this Commission makes, that's you guys to decide, based on the outcome of this community, but Pm just here to talk in regards to the setback. Thank you. Vice Chair Russell: Thank you. Jessica Adams: Hi. My name is Jessica Adams. I reside at 4140 Crawford Avenue. I am speaking -- one second, sorry -- in approval of PZ.23, the approval that was already voted for from the HEP Board unanimously. I feel that there are a lot of projects in the Grove that 1 completely understand why you guys opposed that aren't following the proper rules, that are taking down trees, that are making large properties, and trying to get variances to increase what they're building. I don't think it's appropriate to stop a project that is actually doing everything you've asked. They've preserved the trees; they're keeping the lots as they were originally platted, which were originally 3701 and 3711 Park. I think that what they're building is not to maximum capacity. If anything, they're building a small house on a large lot,• each lot is about 18,000 square feet, which is rare in the Grove, in and of itself. I think that if we go and we stop these people from doing something that's good -- we're improving the land, and we're improving property. I see properties that are falling into deterioration all the time. I have a perfect example on my street, Crawford. A house is falling down completely, and it's sitting there. Now you have people -- vandals coming in. You have people that are coming in and doing drugs, and doing different things in a community that we have small children. You have a group of people that want to improve. They got a historical approval for a home that they're keeping, and they're improving it. That house, at this point, has termites; has a lot of issues that they are going to fix and make beautiful, and 1 don't understand why we would stop someone from improving a historical structure and doing the right thing for probably the first time that I've seen in a long time in a lot of these things that are being built right now. So I think, if you're going to make an example of someone, make an example of someone that's doing the wrong thing, not someone that's doing the right thing, because I think it took a lot of guts for them to make this house historical, restore it, and do what the original structure wanted to have happen. And when you look about dividing lots, and people talking about density, these lots were originally platted as two separate properties, so it's not like they did anything wrong; they're just allowing access for that second property. So, as I said, I'm in favor of it, and I would like you -- I'm opposed to the appeal of Dr. Snyder. Vice Chair Russell: Thank you. Ms. Adams: Thank you. Vice Chair Russell: Hello. City of Miami Page 83 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Gena Veillard: Good afternoon, Commissioners. My name is Gena Veillard, and I live at 120 Northwest 42nd Street, Miami, Florida 33127. 1 am here to speak in reference to PZ.8 and 9, garage. My decision have not changed from the beginning. 1 do oppose, and for several reasons, like all my neighbors. Living in the neighborhood for over 27 years, I've seen a lot of transition. I don't think having a garage would benefit the residents, at all, and it -- if anything, it would cause more, you know, traffic, and so forth, and it's already happening. So they're already using 1st Avenue as a way to avoid North Miami Avenue and Biscayne, and so forth. So I really would appreciate if you guys look forward into this today -- and, like I said, it's not the first time I've been here -- and to really consider this today. Thank you. Vice Chair Russell: Thank you. Who's next? We can still hear. He's one foot on the dais; we're good. You don't have to swear; we're good. Donald Wheaton: Okay. My name is Donald Wheaton. I live at 3701 Park Ave., directly across the street from the neighbor. Vice Chair Russell: I'm sorry; what was your address? Mr. Wheaton: 3700 Park Ave. Vice Chair Russell: Thankyou. Mr. Wheaton: The property in question is 3701. I've seen the plans, 1 approve the plans, and I can't imagine why anybody would disapprove the plans. 1 think, you know, if anybody's going to be affected, it would be me, because I'm directly across the street. I'm the only one that really has access to look at the property, because the next -door neighbor has a huge wall and a fence, so they're not going to be an issue there. And I hope the plans will be reapproved. They're already approved by the Historical Committee, and it was unanimous, so I see no reason why they can't get going with this project. Thank you. Vice Chair Russell: Thank you. Kirk Munguia: Good afternoon. My name is Kirk Munguia. I'm the property adjacent right to that project that they want to build with the big parking lot. Maybe you remember me last time; you know, my eye was a little bit slit up, but better now. Good afternoon. I just want to say, 1 oppose to this project. You know, 1 object. I want to object to this defer. 1 want, you know, Chairman and you guys to know that 1 have to take time from my job. I work for U.S. Customs, and 1 literally have to go around and prearrange for these days and times, because they take it out of my annual leave; and, you know, sometimes they have to go and, you know, inform management that I have to leave and abandon a position because of my job duties. Honestly, you know, as the property right next to this -- wanting to build this project right next to my home, it's not just going to affect me; also neighbors, as you can see, jroPZ.8, project 8 and 9. Honestly, this is going to affect not just me, neighbors. This project is going to bring about a lot of fumes and pollutants and toxins, so I disagreed. And I was never informed by any of the Commissioners about this defer. You know, it took me a while to get -- you know, to get here and make things happen. So just wanted to inform you guys about that, and thank you for your time. Appreciate that. Chair Hardemon: Thank you. Rosa Ramos: Good afternoon. Chair Hardemon: Good afternoon. City of Miami Page 84 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Ramos: Good afternoon, Commissioners. My name is Rosa Ramos. I'm at 80 Northwest 44th Street. 1 am a resident of the homeowners association in Buena Vista Heights. I'm here because, to tell you the truth, I'm tired of coming and having these things deferred. I've been to every single meeting that we've been having against this garage and the potential of up -zoning; every single meeting, and it keeps getting deferred. They don't have enough information. They want to go back and talk to the members of the neighborhood, but nothing gets done; it's the same thing. We're really getting tired of it, okay. I have to take time from. work. I have a sick husband that I have to take care of I have to make sure his medication is given to him and that he eats at a certain time before he takes his medication to come here. Because this is a neighborhood we moved into. We decided to move in here, because we like the neighborhood. We -- this Christmas, it's been 50 years since we moved in, okay. Christmas Eve, we nioved in 50 years ago. And most of the neighbors there, they don't want to move, but the idea of having a garage, bringing in the traffic that it's going to bring -- because until this time, they have not really given us an idea of how traffic is going to travel. They're saying it's going to come in through North Miami Avenue, and it's going to go out through North Miami Avenue. Have you guys been through North Miami Avenue, up to 36th Street, from 54th to 36th? The traffic, they're going to bring more traffic. And when that traffic can't go through, they're going to come through our community. They don't -- We've had to put four-way stop signs, because the traffic that comes in -- they -- the people are going in, they're in a hurry to leave; they don't look to see if we have a stop sign. We practically had three people almost killed because of this. This is another item that they don't look at, but we do, because we live in that community. We work and worked hard to be able to have that community, okay. We need for you to look into this thing, really, with your heart, with your mind. Do we need to make a referral -- do this all over again? Make another referral [sic]? Can you come up with a decision that's going to be good for us, the residents? You know, we've all lived there for some -- long time. We've made a lot of progress. Our neighborhood has had problems with drugs, theft, a lot of things, but we work it out. So you can't have them saying, "Oh, we're going to make your neighborhood better," because you're not. You're bringing more traffic into a neighborhood that we've been trying to keep in line for the benefit of ourselves, our grandchildren, our children, and whoever else that moves in, because we're having a lot of new people moving into the neighborhood with small kids, and we welcome them. We welcome them, because they are an asset to our neighborhood, but this garage is not going to be an asset to our neighborhood, let's face it. Who needs a garage in the middle of a residential area, when the business is on the other side, through -- almost two and a half blocks, okay, two and a half blocks away? And who is it going to benefit? It's not benefiting us. We have parking in our yards. In fact, we ended up having to put decal parking because of the traffic that comes in from their neighborhood -- from their area. You know, if you've got land and you can build up on the land, make your own garages for your own convenience. Think about yourself and think about those that's around you. We don't live as individuals in an isolated area where we don't care about nobody else. No, you have to care, because we all have to live in the same area, and we all need to work together. And if that's not going to happen, then I don't know what's going to happen with you guys, either. I'm not saying I'm -- I'm not being viceful [sic] or mean or -- hut, you know, common sense would tell you that. Who wants a garage that goes into the neighborhood where people are going to -- what -- go out of their backyard and look up, and what they'll see is this big wall, okay? Are you -- You like looking at this big wall every day, and cars coming in and out at all times, and the lights, and the fumes, and the horns? Because you can't tell me they're not going to have that. If he can -- if they can guarantee me right now that they're not going to have any lights, no noise, no nothing; it's not going to bother the people that live right adjacent to it, I'll go for it, but I know they can't. So that is my, -- this is all I have to say. I'm really tired of coming in, and it's being deferred. It's always being deferred for them, notfbr us. Chair Hardemon: Thank you, ma'am. City of Miami Page 85 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Ramos: Okay? Thank you. Have a good afternoon. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street; against PZ.10. I think we been over and over, like the lady just say. How anymore, parking lot -- actually, parking garage are going to be push into the residential zone. Please think about like what she saying. If you have a house, you want to have privacy. You don't want to get up in the morning or coming back from work and see a wall next to your house. Just see what it is. We all want to have progress. I think we all want new buildings to go up, but that's what the zoning are. And the moment that you start encouraging all these garages into people's residential properties, it's going to have a problem. And I know that we trying to make more units to accommodate more people, but every single one of you have the same issues. If you residential zone, I'm going to become a commercial zone, so I guess we're going to have just multi - families and condo unit of 60-floor buildings and no quality of life for those who wants to have a yard and a dog and plants, and even grass. So it's about health, it's about respecting the residents; it's about respecting Miami 21, which is not perfect, but it have a zone for a reason. So, please, we just asking for you guys to see what the Code of Miami 21 is and stop making amendments left and right, because one day it's going to be 17th Avenue; next thing, it's going to be Shenandoah, then it's going to be Flagami, then it's going to be the Roads, or maybe not. Not every single area has to be as downtown and Brickell. If we want to be in a building, then I guess we all move to downtown. But if now you guys are pushing the buildings into our residential zone, you guys have to think about it. 1 know that we all have to get more units to more people, but at least, why don't you guys think about low-income housing in Little Havana instead of garage? I see all of you doing buildings everywhere for low- income, work house. So if you guys going to do buildings, at least think about the affordable working people that we have, the homeless that we have. It's not -- so what are we working for? Just to make more people richer than what you already is, and taking people out of their areas that they live forever? Thank you. Chair Hardemon: Thank you. You're recognized, sir. Paul Meyer: Hello, everyone. My name's Paul Meyer. I live at 2130 Southwest 22nd Terrace; first time I've been here. It looks like I need to come back. Just everybody in the neighborhoods in Miami, we all have the same issue, and I just want to make a point, and maybe you guys can all get together and set a limit. You know, Dacra's been messing with people in Little River, and, you know, some of these big companies, you know -- These continuances and deferrals are major, and I can understand why people do it. Well, they do it to mess with the little people. But there's got to be a limit and it can't just be subjective and everybody knows, and I don't -- Is there a limit, I guess is my question, on continuances and deferrals? I know it's subjective, and you want to know that before, but is there anything on the books that says you can't do more than 10 or something? Chair Hardemon: No, no, no. There's -- and you also have to be careful about what you hear. Sometimes, when someone says, "oh, I've been here 10 times, " when they say "here," many times they've gone to PZAB (Planning, Zoning & Appeals Board) meetings, they've gone to other public -type meetings, and they count that as, "Hey, I've been here about this issue." The issue may have come before the Commission. It may be -- like this is on -- I believe this is first reading. That doesn't mean that, you know, it hasn't been continued from the past for more time for people to get together and discuss things, but that's generally how things get done. Communities need additional time to talk with applicants to make things work. Many times there are projects that are opposed that end up being acceptable because of the conversations that community has with the applicant, but -- and I will tell you, you know, one thing I've learned, asking for continuances as an attorney, and being against a continuance -- Sometimes, City of Miami Page 86 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 you have to be careful what you ask for, you know, because sometimes, you just might get it. And so, you know, in a situation where someone -- if you're opposed -- I'll give you an example. You have people that are opposed to the garage. You don't know how any of us will vote. Mr. Meyer: Sir, I can't hear you. Chair Hardemon: I'll give you -- You don't know how any of us will vote, so I'll give you an example. The ICA (Institute of Contemporary Art), which is the museum that was just east of this neighborhood -- Mr. Meyer: Yeah. My office is in that building. I rent there, so. Chair Hardemon: Okay. Well, I was adamantly opposed to ICA, and I wanted a number of different things. So my district fought hard against what they were asking for because of certain positions [sic] that they were not -- that were not acceptable to them. You had neighbors that were here saying, "Look, we don't want it. It's a building that's intruding into our neighborhood. The back of this building is now fronting my home. My next -door" -- "When I look next door to me, I see a building and not a house like" -- "that used to there, " and this Commission passed it. And so, I say that to you to say, sometimes, when someone says, "Hey, I need an indefinite deferral," at least you know during that time, whatever is proposed to be there is not going to be there, because I can't guaran -- no one can guarantee you what their vote is going to be up here. You don't know. No one knows until the presentation is made and the vote is had. And so, you know, we just don't know. And so, when someone asks for a continuance, it's not unreasonable for a body to grant it. When -- the way you ask about it is if something has been -- if you've been abusing continuances, or if it appears that you're just trying to do some things that just are belaboring the issue for no apparent reason and you're causing a hardship to the other -- to the defense, or something like that, that's when, generally, people start to say, "Hey, no. No continuances." But when you're working on an issue, and it appears to be that you're doing your due diligence, and you are getting new information every single day, and things like that, it's not a big deal to grant a continuance, because you have to remember that someone is paying -- that continuance, someone is paying for that, you know, so -- but when I say, 'paying for it, " just to be clear, there's an attorney that is working that now has to work additional hours to prepare for whatever that hearing may be. And so, you don't see an abuse of continuances up here; you see people get continuances. Mr. Meyer: Okay. Well, you know, I'll definitely do a little bit more research. This is my first time here. And, you know, thanks for the explanation. It just sounds like, you know, "Where there's smoke, there's fire," so maybe if it's something you guys can keep your eye on, if people are abusing it, because it is -- it's ridiculously hard to get here. I am -- I'm the director of the company; I own the company. It was hard for me to get here, so -- and all those little meetings that we have on the side do add up, and you got to re -- you know, because they're change the rules, and then we got to all get together again, and Beha got to run up and down the street and put flyers, when it's her hushand's birthday. We're real people, you know, and it hurts, you know. So I was going to talk about PZ.10 and PZ.16. 1 think they've both been deferred and are continued. Just want to give a little human side on it. You know, I've lived in the neighborhood for 10 years; loved it. It was cool. I bought the house because there was a fireplace, and there was wood on the floor, and I could walk my dog. Now I see these people creeping in. They're creeping in on -- closer towards Miracle Mile. They're creeping in on Southwest 22nd Avenue, and now they're trying to, you know, jump in on Southwest 22nd Terrace, which is right in front of my house where they want to do all this stuff, and then there's the doctor one that's down, you know, three blocks. I don't want to be there if that's what's happening. All the people that aren't City of Miami Page 87 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 here -- a lot of my friends -- neighbors, friends, you know, couldn't come -- they don't want to be there. We're people that are putting money into our homes. We're people that vote. We want to raise our kids there. We want to make it a cool neighborhood. 1 understand development. I really do. We need tax money. But we're putting money into our homes, and people from Brickell are moving there, and brokers and doctors and lawyers and business owners, and we're going to make those houses great and something that you're going to cherish, and people are going to want to move into the neighborhood, just like they did with the Art Deco District in South Beach; the houses are that cool. And when people come to my house for a party, like, "My God, you got a cool house. I live in Brickell in a condo and I hate it," you know, so don't mess it up. I know you guys have a tough job, but we've got gems there. Some of them aren't beautiful right now, but we're rubbing the brass, we're cleaning the floors, we're having kids there, and the tax money's going to come, so keep that in mind when you guys are making your decisions. And I guess I'll be back with these deferrals and continuances, and, you know, thanks for your time. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Thank you, sir. Yes. Commissioner Carollo: Real quick. Could you state your address again? Mr. Meyer: I'm sorry? Commissioner Carollo: Could you state your address again? Mr. Meyer: Yeah, 2130 Southwest 22nd Terrace. Commissioner Carollo: Okay. So you are west of 17th Avenue? Mr. Meyer: Of what? Commissioner Carollo: West of 17th Avenue? To the west of 17th Avenue. Mr. Meyer: Correct. Commissioner Gort: Yes. Commissioner Carollo: Okay. Mr. Meyer: Correct. Commissioner Carollo: Thank you. Mr. Meyer: Yeah. Okay, thanks. Chair Hardemon: You're recognized, sir. Ulysee Kemp: My name is Ulysee Kemp, 76 Northwest 39th Street, Miami, Florida, president of Buena Vista Heights Neighborhood Association. 1 just wanted to point out the -- well, several things. When Rosa came up, she mentioned that the entrance for the garage is going to be on North Miami Avenue. No, that's misunderstanding. The entrance is going to be on the residential side, and the exit is going to be on the other side. One's going to be on 42nd Street and the other one is going to be on 44th Street. I think the State will not allow them to have those entrances and exits on North Miami Avenue, so they had to do it on the side streets, which is the residential side. The impact of that alone is going to create more traffic in the neighborhood, and we City of Miami Page 88 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 already have a very serious traffic problem right now. We're doing a traffic study, which we're supposed to get the results from the County and State on the 8th of this month. We're having a terrible problem with traffic, as it is, and we've been asking to get roundabouts in the neighborhood, because we're trying to do something to stop the people from speeding down Northwest 1st Avenue to avoid North Miami Avenue. Because of the fact that -- because of the growth in the neighborhood, that has been so gridlocked in the morning that they're looking for alternative ways to go. Once this garage is allowed to be placed in that neighborhood, that's only going to increase the traffic -- who knows how many times more -- but it's not something that's desirable for the neighborhood. It's not something that's going to be beneficial to the neighborhood. As Rosa stated, because of the fact that the Design District was growing so rapidly, the patrons and the employees from that area started parking in the residential neighborhood, because they didn't want to pay. for the parking that was provided in the Design District. We had to go and -- with your assistance, Commissioner -- get "residential parking only" decals, just so that we can have a place to park our own cars. Since that's been granted, and you assisted us in getting that, we've been able to park our cars on our -- on streets, in our driveways, and we don't have a problem or a need for additional parking as a resident. The only parking benefit that's going to come from that garage will be from the businesses on the east side of North Miami Avenue. That's not going to benefit us. The only thing it's going to do is dump their waste on our side of the avenue, and we have to deal with it. True enough, the developer has been working with us, neighborhood associations. And at one point, my association, which is Buena Vista Heights Neighborhood Association, had come to an agreement based on the meetings that we had and the participants we had at that time. This is a project that has been going on about two years now -- fourth -- going on two years. Since that time, and because of the length of the project, the residents, I would take it, are more informed as to the impact that it's going to have on them, and I personally -- before I sent out a letter, stating that I was not going to be supporting this garage -- the up -zoning of the garage, not the garage itself, just the up -zoning against the residential neighborhood -- that I went door to door, and I heard, firsthand for myself what the residents were saying, because a lot of these people are -- they're just worn down. They're tired of going to meetings for about two years. And the presentations that were out that the developer provided, yes, true enough, people came out. Some people were in favor of it; some were not. At this point, we've got so many people that are not in favor of it that I had to change my, stance as the president of Buena Vista Heights Neighborhood Association and let them know that I could not support this, because the residents are not asking me to support this, and it's ridiculous. There's -- deferring this at this point, 1 don't understand how it's going to make a difference. They've had several meetings with the neighborhood. And when my members and myself went door to door, it was unanimously; they don't want to support the up zoning, and that was the reason for the letters that you Commissioners got from Buena Vista Heights Neighborhood Association, letting you guys know what our stance was on this project. It's not going to benefit us, is all. Chair Hardemon: Thank you, sir. You're recognized, sir. Nathan Samuels: Good afternoon. My name is Nathan Samuels. I live in Buena Vista. I also work in Buena Vista. I'm a science teacher at Booker T Washington Senior High School, so 1 spend a lot of time in the district. Most of my time is in the district, actually. And I've lived in that area for about six and a half years, my wife and I, on 42nd Street. 1 just got here from school, so I kind of missed what came before, but I know many of the speakers who carve before me just from the neighborhood associations and so forth. You know, we've been having a lot of meetings about this issue; most recently, last week. And as I'm sure you've heard, and as you just heard from this gentleman, obviously, it's not something that is really desired by the residents. You know, I don't know if anybody held this up about the analysis for zoning change that the City own -- the City's analysis had done. I'm sorry. Yes. This is an City of Miami Page 89 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 analysis for zoning change. This is the file ID (identification): 15-00053ZC, and apparently, there were 16 "no's"; there were no "yesses. " Feel free to take a look at this, ifyou would like to. Vice Chair Russell: Absolutely. Commissioner Carollo: Our City Clerk will come and get it for the record. Mr. Samuels: Sorry; I didn't realize you guys didn't have it before. My apologies. Chair Hardemon: No problem. Mr. Samuels: As far as this document is concerned, from what I can tell, it looks like, by the City's own analysis, it's not ready for the zoning change for a variety of reasons. That, in and of itself seems reason enough for me to not allow this to go through in terms of the zoning change, aside from the -- I don't know if there have been any environmental studies done in terms of traffic studies or noise pollution or, you know, any kind of -- anything that might affect the residents. I don't know if that type of study has been done. There's nothing like this structure along that corridor; certainly not in our residential area. I think this would, you know, disrupt traffic patterns and, you know, make things a lot difficult just going home, going to work I know, obviously, that the Dacra project is right across the street, basically, and, you know, that's a very popular area and growing popularity, and so on and so forth, and I wish it well, hut this exact garage at this exact place, 1 think, is not a good idea. As for asking for a continuance to vote on this at another time, 1 would like to urge you not to do that. As I said, you know, I just got out of work myself I had to get some of the kids in meetings, and, you know, get over here, and I'm glad that I was able to come here to address you. But to keep on having that happen, as I guess it's happened in the past, is sort of -- you know, it's possibly counterproductive for the residents to tell you how they feel about it. And thank you very much for your time. Chair Hardemon: Thank you. You're recognized, ma'am. Cathy Parks Suarez: Hi. Cathy Parks Suarez, 4035 Battersea Road. I'm here to ask .for you to deny Dr. Snyder the appeal of 3701 Park Avenue. I think it's unfair to do to this young family or these young people that are building, and I'd like to say that as much as sometimes I can be very argumentative about things, I think sometimes we need -- at some point, we need to start relying on the people that we've trusted, whether it's the elected officials or the people that are in certain departments, to make decisions. 1 think we have a right to question them, but 1 think we've gotten a little carried away, and we're kind of running the show here too much. And there's other areas of the City where there is not the same amount of control as being taken in some parts of the City. So I think it undermines the people that we have elected, in some situations, and I think we're undermining some of our inspectors. We're undermining some of our people that are put into places that make decisions that should know things that maybe we don't know as neighbors. And like I said, I think we deserve to have a right to have input, but I don't think we should have a right to control things. We're slowing things down at a really -- in -- when there's really other things that really, really, really need more important attention. So I would like to see 3701 be able to proceed forward with their project. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Abdel Karim: Thank you. My name is Abdel Karim. I live at 3170 Indiana Street. And I also want to echo the messages sent by that lady -- by the nice lady. I think that the HEP Board made the right decision on 3701, and I urge you guys to oppose Dr. Snyder's appeal. Thank you very much. City of Miami Page 90 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Thank you very much. Seeing no other persons here for public comment, I'm going to close the public comment section at this time. The following item(s) shall not be considered before 2:00 PM PZ.1 1035 Department of Planning and Zoning ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 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: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: Item PZ.1 was deferred to the March 23, 2017 Planning and Zoning Commission Meeting. City of Miami Page 91 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.2 ORDINANCE First Reading 1036 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-O "SUB -URBAN TRANSECT ZONE - 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: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: Item PZ.2 was deferred to the March 23, 2017 Planning and Zoning Commission Meeting. PZ.3 ORDINANCE First Reading 1124 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 .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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City of Miami Page 92 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Note for the Record: For minutes referencing Item PZ.3, please see "Public Comment Period for Planning and Zoning Items." PZ.4 ORDINANCE First Reading 1125 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 APPROXIMATELY .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 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing Item PZ.4, please see "Public Comment Period for Planning and Zoning Items." PZ.5 ORDINANCE First Reading 1126 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 T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City of Miami Page 93 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.6 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Chair Hardemon: So 1 call item PZ.6. Francisco Garcia (Senior Director, Planning ct. Zoning): Thank you, sir. I'll read the items briefly into the record. Items PZ.6 and PZ.7 are companion items. They are the land use and zoning designation change proposal for properties at 2610 Southwest 14th Street and 2611 Southwest 15th Street, and the proposed change is from T3-R, which it is presently, to T4-L, abutting an existing T4-L district. I'll yield to the applicants, and be happy to answer any questions you may have. Commissioner Suarez: I have to make a Jennings disclosure, but I will move PZ.6. There was some residents that came in the first time and spoke in opposition to it; I've since met with them, and I've worked with the County on a variety of different traffic control measures that will help with a lot of their concerns, which are cut -through parking. 1 think this particular rezoning is very small in nature, because it's only from a T3 to a T4, but we'll be working on that. And so I move it on first. And 1 just got a - - have to read into the record: "Per the applicable provisions of Miami 21 and Florida Law, I, as a City Commissioner, am disclosing that on October 27 and November 2, I engaged in teleconferences with (UNINTELLIGIBLE) Vila, a neighbor involved in this quasi-judicial hearing. On November 9, I conducted an investigation and site visit, as allowed by law, accompanied by Ms. Vila. And on December 13, I met with Ms. Vila and Jackie Vidal, interested parties involved in this quasi-judicial hearing. The subject of these meetings was the following: The application by the Carreras to change the land use designation of 2610 Southwest 14th Street and 2611 Southwest 15th Street from single family residential to low density residential commercial, and to change zoning designation of the aforementioned properties from T3 to T4. Such person having contrary views to those expressing the following disclosure will now be given an opportunity to refute or respond to the foregoing communications, or ask for a reset of this hearing in order to prepare a proper response. This procedure complies with Florida Statute 286.0015." And I'll give this to the Clerk. City of Miami Page 94 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: Thank you. It's moved by Commissioner Suarez; second by the Chair. Commissioner Suarez: Is it just a voice vote or is that --? Mr. Hannon: No, it's an ordinance, so -- Vice Chair Russell: It's a roll call vote. Madam City Attorney, if you could read it into the record. Victoria Mendez (City Attorney): Yes. Vice Chair Russell: PZ.6. Mr. Hannon: PZ.6. The title for PZ.6. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: 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. PZ.7 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Commissioner Suarez: Move PZ.7, same comments. Vice Chair Russell: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Vice Chair Russell: Second by Commissioner Carollo. PZ. 7. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 95 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.8 1032 Department of Planning and Zoning Vice Chair Russell: Any discussion from the dais? No? Commissioner Suarez: Same as last time. Vice Chair Russell: Roll call, please. Todd B. Hannon (City Clerk): Roll call on item PZ. 7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 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: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: The motion to continue Item PZ.8 was reconsidered and a new motion to indefinitely defer Item PZ.8 was passed by the City Commission (see below). Note for the Record: For additional minutes referencing Item PZ.8, please see "Public Comment Period for Planning and Zoning Items." Chair Hardemon: Are the parties still here for -- the parties still here for PZ.8 and 9? Okay, you're the intervener. Is the applicant here? You represent the applicant? Okay. So I move to reconsider the continuance for PZ.8 and 9. Commissioner Carollo: Second. City of Miami Page 96 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: It's been moved and we have a second. Marissa Amuial: Can 1 say something for the record? Chair Hardemon: Well -- the Chairman, that's his job. Vice Chair Russell: First, is there discussion from the dais on the motion? It's been moved and seconded. Chair Hardemon: I do want -- if she -- as the applicant, if she has something that she wants to say on the record, I want to hear what she has to say before -- Vice Chair Russell: Gladly. Chair Hardemon: -- we entertain the (UNINTELLIGIBLE) motion. Ms. Amuial: Hi. Good afternoon. Marissa Amuial with Akerman. Our offices are at 98 Southeast 7th Street. We represent the applicant for PZ.8 and 9. So the reason we're requesting a deferral is because up until this point, we had support from both neighborhood associations, Buena Vista Stakeholders and Buena Vista Heights. Last night, we received a letter from one of the neighborhood associations, saying that they're no longer supporting us at this point. We don't want to move fbrward unless we have the support from the neighborhood associations; that's been our policy all along. We have done extensive neighborhood outreach, but that's truly what happened last night, and this morning we -- the applicant reached out to Ulysees and Lorena and the resident who's -- of the abutting property to notify them that we would be requesting -- this happened in real time. We had been prepping up to the last minute, and that's the reason that we are asking for -- We actually would like an indefinite deferral so that we can reconvene and try and basically come back when we're ready. Chair Hardemon: The indefinite deferrals come back in six months, right? Todd B. Hannon (City Clerk): It's basically a placeholder, six months from today's Commission meeting, but it can be brought back at any time within those six months. Chair Hardemon: That's -- Meena Jagannath: Just -- My name is Meena Jagannath. 1 represent the qualified intervenor. Just in response to that, the community has been discussing this issue for two years now. I don't think that another six-month deferral is going to put it to rest. Unequivocally, as Ms. Braun showed you earlier, she has collected over 400 signatures already opposing the garage. I don't think that any amount of additional consultation is going to bring 400 people in the neighborhood around. And so, I would urge the Commission to consider the item today for vote. And there are plenty ofpeople here to represent the community who want to also speak on the item. Chair Hardemon: Is there anything that could change in the item from now to the time that you rehear it for indefinite deferral? Ms. Amuial: Well, 1 mean, if there's conversations, ongoing conversations within the next six months -- there's so many factors and variety of things that may, change between now and then. Victoria Mendez (City Attorney): Chairman, if I may? Article 7 of Miami 21 says that the applicant shall have the right to one continuance that they request. I don't City of Miami Page 97 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 know -- I know that there have been two continuances. 1 don't know if they have been requests of the applicant, butt just wanted to bring that up. Vice Chair Russell: So they're not entitled to one, but it's at the will of the Commission if there were to be another? Ms. Mendez: No. They shall have the right to one continuance -- Vice Chair Russell: Which you said they already -- Ms. Mendez: -- that they request. Vice Chair Russell: But they already had -- Oh, they haven't requested -- Ms. Mendez: I don't know if they requested it; that's the thing. However, all subsequent continuances shall be granted at the sole discretion of the decision - making body; that's the section you're talking about. I'm not sure if the last two continuances, that they were requested by them. Chair Hardemon: But you know, when I think about the language you just spoke of if you have an applicant and you have a community that needs to get together and discuss things, I mean, it's -- like, in court, we consider that joint continuances, which means that, you know, both of you agree that a continuance is needed to move things forward; compared to, "Hey, I need a continuance, and although 1'm" -- "the other party's against it, 1 have to have this continuance." And this is the first time that I've heard that on this issue. Ms. Mendez: Correct. Chair Hardemon: So, I mean, with that being said, I still want to reconsider the motion for the continuance to February. So that would mean in the -- there's no -- that it's on the agenda today, and what I'm hearing from the applicant is that you want an indefinite deferral? Commissioner Carollo: Oh, no. Ms. Amuial: Indefinite deferral, right. Chair Hardemon: Right. And you -- have you had --1 want to ask you, because I'm not clear necessarily on the record, even though 1 don't believe that you've had this before, but have you made a request for a continuance before that was not -- that was objected to at any point? Ms. Amuial: Technically, I'm not sure what it would be considered, if it was our request or if it was Planning & Zoning's request at the last hearing. Chair Hardemon: Okay. All right. So what well do is -- I still want to move forward with the motion to reconsider, so I'm -- I've heard enough discussion on that. Vice Chair Russell: Meaning you'd like to hear it today? Commissioner Gort: Yes. Chair Hardemon: Meaning I want to at least revisit the vote on it. So once we -- basically, if we vote in favor of the motion, as I've stated, it is back on the -- it is on the agenda, and then I would have to make another motion for indefinite deferral. I'm not too sure about that yet. City of Miami Page 98 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: Understood, understood. So we have a motion to reconsider and a second. Commissioner Gort: And second. Vice Chair Russell: Is there any further discussion on the dais for that? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Chair Hardemon: You can -- let's continue on with the public comment if we can. So right now, it's on the agenda. We have not decided on an indefinite deferral just yet. It is on the agenda to be heard. Ms. Amuial: Will you reconsider the indefinite deferral? Chair Hardemon: We may consider an indefinite deferral, but that's -- we're going to have to do some discussion to see if they are, in fact, entitled to an indefinite deferral. If they're entitled to a continuance in that fashion, then they -- that's what they're entitled to. You understood what I mean, Madam City Attorney? Ms. Mendez: Okay. We'll research that; but, also, if for some reason, the body does entertain an indefinite deferral, the applicant should state on the record that they're going to pay for all the notices, and that will not be a cost that the City has to bear, because an indefinite deferral is into a time certain, we would have to do new notices and all that. Chair Hardemon: Well, we're not making that decision right now just yet. Commissioner Gort: When we listen to the item, I have a question and I'm going to have a suggestion, also. Chair Hardemon: Okay. Later... Chair Hardemon: Regarding items PZ.8 and PZ.9 that are on the agenda right now - - I know PZ.6 and PZ. 7, first of all, on Commissioner Suarez' district, he's not here at this time, so I would just move along to PZ.8 and 9. And PZ.8 and 9 has the applicant, in fact, asked for a continuance? In the past, have they had a continuance they've asked for? Victoria Mendez (City Attorney): We did research with regard to what was said on the record. What was said on the record did not sound like a continuance requested by the applicant. However, it seems that the applicant did send an email requesting a continuance, so 1 think that was facilitated based on -- Chair Hardemon: You mean in the past? Ms. Mendez: I'm sorry? Chair Hardemon: You mean in the past the applicant sent --? Ms. Mendez: No. For one of the meetings -- I believe it's the -- City of Miami Page 99 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Unidentified Speaker: November 17. November 17. Ms. Mendez: -- the November -- I'm sorry? Unidentified Speaker: 17th. Ms. Mendez: -- the November 17 agenda, there was a request that was sent -- Chair Hardemon: Who was -- when was the intervener in --? When was the intervener status granted? What meeting was that; do we know? Neisen Kasdin: Excuse me. Ms. Mendez: It may have been the last meeting. I would have to double check that. Chair Hardemon: How you doing, sir? Mr. Kasdin: Hi. May I -- Chair Hardemon: Sure. Mr. Kasdin: -- Mr. Chair? Chair Hardemon: Sure. Mr. Kasdin: Yes. Neisen Kasdin, representing Oak Plaza, the applicant. There was a consensual request. We, and the Planning Department, agreed on a request one time before in November. What I would like to underscore is the following: This project is now some five years old, the Design District. It has brought -- it is one of the best projects in the nation, in terms of scale, design, quality, and being a good neighbor. In each and every instance, in the entire history of this project, it has proceeded with the support of all the relevant neighborhood associations. Until yesterday evening, we had the endorsement of the two neighborhood associations in Buena Vista Heights, when we received from Mr. Kemp notice that his organization was withdrawing its support; and therefore, Mr. Robbins has asked us to come here, and said he does not want to go forward and present something that does not have the support of the neighborhood organizations. So, candidly, as well, we've -- 1 know everyone has had an opportunity to speak. We have had extensive dialogue with the community over many months. In fact, some of the comments that were made in public comment at this time, are things that we either have addressed or plan to address, and some dialogue would be certainly worthwhile, such as, there won't be lights in people's yards, and there won't be horns, and things of that sort. But the long and short of it is, Mr. Chair, is we realize more work needs to be done. Mr. Robbins does not want to proceed, unless the neighborhood associations are in agreement. He has offered this up to be proactive, unlike neighborhoods like South Beach and Coconut Grove, where spillover parking from commercial neighborhoods adversely impacted residential neighborhoods. He's being proactive in anticipating future demands for parking in the Design District, a lot of which is not even created by his project, because his project really has adequate parking, his building -- almost 2,800 spaces. So he wanted to be proactive; do something that would prevent spillover parking in the neighborhood and would -- it -- be better for the neighborhood. Obviously, there's some more work that needs to be done with the neighbors, and he wants to come back not in a month, but at such time as either he has come to some concord with the neighbors, or, if not, then deal with it at that point. But he does not want to proceed without having a greater opportunity to allay the legitimate concerns that have been voiced. City of Miami Page 100 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Meena Jagannath: Meena Jagannath. I -- my client just informed me that the intervener status was recorded on 20 -- October 27 of 2016, so before the deferral was asked for. And as far as consent, the -- my client did not offer consent for the deferral. Chair Hardemon: So at the November meeting, you weren't present, right? Ms. Jagannath: I was not representing them at the time. I just appeared on their behalf: Chair Hardemon: So it was in his favor, then, at the November meeting; at least, it was continued? Ms. Jagannath: That is a matter of opinion. Chair Hardemon: I mean, you wouldn't be here -- I mean, today, for instance, he would be without counsel at that November meeting. For instance, it's just the same way as we granted the intervener status. If he decided to move forward with the proceeding at that time, it probably would have been unfair to someone who didn't have counsel, considering that the opposing counsel was there. Would you agree? Ms. Jagannath: That's true, but if we're going to talk about it being consensual as a matter of fact, it wasn't consensual if the -- Chair Hardemon: No. I -- Ms. Jagannath: -- party was not -- Chair Hardemon: What I'm saying to you -- Ms. Jagannath: -- did not consent to it. Chair Hardemon: -- is that on that day that the intervener status was granted, counsel across from you, he was not in favor of an intervener status. We had a lot of discussion about intervener status up here. And so, he could have made the argument that if you felt that you had intervener status and you came here to push for that, you should have come prepared then -- now to speak on their behalf you know, of yourself but we didn't do that. We said now that there's intervener status, we're going to push this to another date so that you can prepare your proper defense. And I warned him at that time, "Listen, you have someone who's opposing counsel. This is not to be taken lightly. You are a party to this matter, and so you should carry yourself on accordingly." In the next meeting, he did not have counsel, and then this meeting, you are here. And so, I say that to you to say that just the same as if you -- if your client was a defendant in a trial, the fact that he hired you late is his fault. You understand what I'm saying to you? And so, I wouldn't necessarily put it on the applicant. Everything the applicant says seems to he something that is reasonable to ask for a continuance, when, in fact, today -- This letter was given from -- is dated the 25 of 2017, from Ulysses Kemp, and it's cc 'd (carbon copied) to Mr. Craig Robbins, saying that he's taking away the support of the Buena Vista Heights Neighborhood Association. This was a contentious issue, because the last meeting that came about, there was discussion about -- well, there was the support of the neighborhoods, and from all likelihood, there was support, because that's what the -- all the documents that said, "Hey, we have support; here it is." And then we had some other individuals that had -- I'm not here to -- I'm -- wait, wait. Before -- and then we had some other individuals in the neighborhood that said that "No, we're not in support of it," so we had a fractured opinion, which we tend to have here. That's -- I don't know if you've - City of Miami Page 101 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 - there's a running theme that goes on here. It's always the glass is half full, the glass is half empty, but we're looking at the same glass, okay? And so what I'm asking -- what I'm here about now is that we have an ask for a continuance, and the first thing 1 need to know is, do they have a right to a continuance? If they have the right to a continuance, then they have a right. If they don't, then maybe we hear it today. I don't know that it'll go in your favor. Ms. Jagannath: Well -- Chair Hardemon: Hear what I'm saying to you. I don't know if it will go in your favor; it may or it may not. I don't know if it will go in your favor; it may or it may not. The one thing 1 can tell you about decisions like this is they come to an end. You have a -- just like when you have an election, it came to an end, and we have a new president. And so, you know, things don't just always go the way you think they will go just because of you know, how you feel, but, you know, I understand the concerns of residents, how they've wanted to move forward. My only issue here is that you have a project that is saying, "Hey, we don't want" -- "We may want to do this differently, because we don't have the neighbors' support behind this." And so the question is, do I allow them the time to figure out something different? What if they say, "Well, instead of being two parcels into the neighborhood, we're going to do the frontage and a hufer on the second" -- "on the first parcel," and that third parcel, you get a house, or something of that nature. I don't know what happens. You never know what happens. But, certainly, people usually take the time during the PZ (Planning & Zoning) hearings and in between the PZ hearings to work those things out, and that's what continuances are for. They use that time to work things out. Ms. Jagannath: Well, what I wanted to say was, whether or not Mr. Munguia had the chance to get an attorney is a matter -- is a factual matter, and whether he was consented -- whether he consented to the continuance on -- in November is also a factual matter, and it -- Chair Hardemon: No. I'm saying, because it's in favor of you. Ms. Jagannath: -- and that bears upon whether they have a -- Chair Hardemon: I would say to you -- I would say to you, Look, that's your continuance, that's your continuance, because you are a party to this matter, you were not ready to move forward, and so there was a continuance that was given; opposing counsel was against that continuance. Ms. Jagannath: I'm just talking about the matter of whether there's a consent -- I mean, there's a continuance as a matter of right at this moment. And if in your discretion, you want to grant that, that's your discretion, but because there wasn't actually a consensual continuance granted in November; I would say that the request for a continuance now is not as a matter of right, but as a matter of discretion. Chair Hardemon: But that's what I'm trying to -- that's what I'm saying to you today, that the question is, is it as -- is it a matter of discretion or is it a matter of right? If the continuance was granted in the past because opposing counsel was not ready, I'm not going to count that continuance against your opposing counsel, because they were ready. They were ready to move forward the day that someone came in and asked for intervener status. There were people that were granted status, and there were people that were denied status. I can't count that against the applicant. And then -- Ms. Jagannath: Did my client asked for the continuance? Chair Hardemon: I can't -- I don't remember -- I don 't -- City of Miami Page IO2 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Jagannath: I mean -- well, that's the question, because -- Chair Hardemon: Hear what I'm saying to you. Ms. Jagannath: -- whether -- Chair Hardemon: It isn't -- Let me tell you something. Your client would have been in the worst position ever had we moved forward on that day. He would not have been able to cross-examine witnesses. He would not been able to have called witnesses. He had -- he was effectively not ready for trial. What he was, was a person that walked up, at the behest of another individual in the neighborhood, to say, "I want intervener status." That's all that he was on that day. And it would have been insensitive, it would have been dishonest, it would have been abusive for me, not just as Chairman, but as an attorney, understanding what was against him, to allow him to move forward without counsel. And so, it would be in your best interest not to make that argument, because we were trying to help him prepare a defense -- Ms. Jagannath: I understand that. Chair Hardemon: -- for his neighborhood -- Ms. Jagannath: I understand that. Chair Hardemon: -- you know. Well, this -- so that's the issue today. And what I'm afraid of in this whole sequence of things is, are they making a presentation that, in fact, of something that they will do, or will they be making a presentation of something they plan on not doing? They may make a -- if they choose to make a presentation today -- Say we move forward. Is what he's going to say today, is it going to be what he wants to build? Because he's saying, `1 don't want to do this now." Ms. Jagannath: Well, you just heard over a dozen people stand up here and say they don't want a parking lot in any form on the end of their lot, and that they believe that it's going to bring traffic to their neighborhood; and that it is more for the benefit of the Design District, which is a special area plan, and where there are a number of mandated spots that are meant to be constructed in that plan that have not yet been constructed; and they are looking to provide this for some prospective traffic that's going to come to the area, while the Miami 21 plan is supposed to be oriented towards transit -oriented construction. And so, why are we building a parking lot for prospective traffic that's going to come through this area -- Chair Hardemon: But you're missing my, -- you're missing my issue. Ms. Jagannath: -- when in the meantime -- I'm sorry? Chair Hardemon: You're missing my issue. I mean, I heard -- Ms. Jagannath. No, I understand what you're talking -- Chair Hardemon: I hear the position. 1 understand that. But I'm talking in regard to the continuance. In regard to the continuance, the question that I have to ask myself is, "What they're trying to present, is that, in fact, what the zoning -- and the way that they want for all of these parcels, the way that they have them situated, is that what they actually want? And what they present, will that be what we're really deciding on? Or is it that they need to decide something differently? It's their land that they own. Could they make a decision that's different that the residents may like? You City of Miami Page 103 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 know, what 1 think is happening is when you deny a continuance because someone's not ready -- because you have now more opposition -- or your opposition has changed faces, or whatever it may be, then, you know, that's something that you want to consider, I would think. And so, I think that that's what they're trying to say they want to do, but 1 already moved to consider the continuance. Right now, it's on the agenda. It is item 8 and 9, but I'll tell you, you know, it -- I'm about fairness. I'm about fairness, and fairness to everyone. I don't care if you're represented by someone or you're not represented by someone; it's about fairness. I don't care if you're on the east side of the avenue or on the west side of the avenue; the right side of the tracks or the wrong side of the tracks. It's about fairness. And we've seen counsel get up here - - not this counsel, but we've seen counsel here, well -dressed, well-spoken, and I've treated them according to their argument; not according to how much money is in their pocket. And so, I say that to say that in this situation, it seems to be that a continuance would be something that is reasonable for them to have, but I'm not making that decision right now. Mr. Kasdin: Mr. Chair? Chair Hardemon: Yes, sir. Mr. Kasdin: It's hard to add anything to what you've said, because your recollection of the last hearing in November is crystal clear, but I would like to add a couple of additional points. In addition to this attorney's client, who gave the opportunity -- you bifurcated it. You said the intervention would be decided at the last hearing; the presentation would be at this hearing -- there was another individual, who has spoken as a member of public, Susan Braun, who sought to be -- to intervene. The Commission denied her right to intervene, but -- and I think it was at your initiation, said, "You will have another opportunity to come back to present a case to intervene." So you granted her the right to come back at a future date, as well. Most importantly -- and I think you also hit on it -- we could make a presentation today, but what we're going to present is not what is going to be presented to the neighborhood in the future, because it's going to be modified as a result of discussions, and maybe we can come to a conclusion with the neighbor. Mr. Robbins has said, if he doesn't get the support of the neighborhood associations, he's not going to proceed with this. So there's no point in us making the presentation today when what's likely to be presented would change considerably. The other thing I would like to just correct for the record is, we can already build a park -- part of the property is already zoned T4. We can already build a parking garage there. The only question is whether or not the adjacent properties, which are T3, would be rezoned, and collectively, it would all become CI (civic institutional), which would allow for a different kind of garage to be built, but they can build a garage there today, as it is. So, as I said, I think you've laid out all of the arguments procedurally, the history, of this matter. It does not make sense for this to be heard today, and we request that it be deferred, given the fact that we now know, as of yesterday evening, that both neighborhood associations do not, in fact, support what's before you. Chair Hardemon: So, when we granted the intervener status to your counsel -- to your client, we gave them [sic] the time to prepare himself for this hearing. The intervener status that was granted was a surprise not only to this board, but also to opposing counsel, but we did give him that time. In the same light, here, where we have an association that says, "Look, we're not in favor of it," but before, it was different. Before, there was an association -- well, I don't want to quote the facts. But I know that at least this association was "for," because there was another written document that stated that they were for it. Why not allow them a continuance to try to work that out in the fashion that he just explained? City of Miami Page 104 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Jagannath: I understand what you're saying, and I also understand what opposing counsel is saying, as well. And the reason why I've argued it as I've argued is because every single person that I've met from the neighborhood has said, "We're tired of this." There's -- you know, "We have been to endless meetings over the period of two years. They have had opportunity to consult us. We've attended meetings." Even Mr. Kemp, who is the head of the association that you were mentioning before, Buena Vista Heights, he, over time, had to change his mind about whether to support the project or not, because people's minds have changed over time, and so -- and people are tired of this conversation. And so, I'm just representing what it is that my clients have asked me to do here, which is to ask jbr a vote for today on the item. I understand the perspective of you know, the applicant, and I think what you're saying is also reasonable, but it's my job as an attorney to -- Chair Hardemon: Zealously advocate for -- on the behalf of your client. Susan Braun: May I please have a moment with my counsel? Chair Hardemon: That's your counsel? Ms. Jagannath: As well. I was going to request -- I was going to say, actually, what she asked me, which was that since Mr. Kasdin has brought up the point, Ms. Braun would like to request intervener status. She lives just across the property on 44th Street. And if she were to be granted intervener status, then she would agree to a deferral. I'm not sure what the -- Chair Hardemon: You have -- do you have any further case law, besides what you've already presented, that would change our opinion about our last decision? Ms. Jagannath: There's Renard v. Miami -Dade County, by which she would have standing, because special damages are not necessary if the person is within the notice zone. Chair Hardemon: I thought Renard was a case that we already considered. Madam City Attorney, was Renard a case that we considered? Mr. Kasdin: Yes. Ms. Mendez: 1 don't know why we're dealing with Renard. Your client was already granted intervener status, right? Ms. Jagannath: This is for (UNINTELLIGIBLE). Chair Hardemon: No, that's -- that's not her -- Well, let's better explain it. Ms. Mendez: Oh, it's another intervener? Chair Hardemon: Right. So she represents the intervener that was granted. There was a motion to deny intervener status to Ms. Braun, and Ms. Braun wants to renew her motion for intervener status. Ms. Mendez: Oh, 1 see. Right. Okay, so we already -- Chair Hardemon: But -- Ms. Mendez: -- dealt with that, and I've been -- Chair Hardemon: -- and I believe we used the Renard case. City of Miami Page I05 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Mendez: Right, we used the Renard case, and it was based on -- we made several factors on why she didn't qualify at the time. If this board wants to re -entertain that, that's different, but I don't see what has changed since then, unless she moved her property line a few feet. Chair Hardemon: And if you're already representing one of those persons, who is actually closer to the structure than she is, I don't see how you representing her would benefit the -- her as an intervener, which is this -- there's nothing in that argument that's more moving than it was before. The gentleman that you spoke of his property is directly adjacent, I believe, to the property. Ms. Jagannath: Yes. Chair Hardemon: And this Commission granted that status, and I don't think that's something that they ever done, and her property was a bit further away, but there is a intervener in this process, and you represent that person. And just -- I mean, considering everything -- considering what was laid onto the record; considering, you know, your opinion that this is reasonable, although that's not what you're fighting for -- I'll be very clear -- your position is that you want to advocate to hear the case today, because that's what your client's wishes are. Ms. Jagannath: Yes. Chair Hardemon: But you do admit, as counsel, that it is reasonable for them to ask for a continuance with the circumstance. Now, when this comes up again, everyone should be fully prepared to litigate the issue, and that's probably what's going to happen. I'm sure, during this time, there's going to be significant conversation that the applicant's going to have with the neighborhood, you know. Everyone knovvs that I'm not afraid to vote against things, so that's not the issue, but certainly, I think that if you have an opportunity to work something out with the neighborhood, I think you should. I don't know if you will be able to. I wish you luck, and I wish the neighbors luck, but 1 think that a deferral -- an indefinite deferral is reasonable in this situation. Mr. Kasdin: Commissioner, you've made clear that it is important that we work closely with the neighborhood associations to have a consensus on this. Chair Hardemon: So what I'll ask is for -- from my board members, a motion to indefinitely defer items PZ.8 and 9. Is there a motion to defer? Commissioner Suarez: Yeah, move it. Chair Hardemon: Move to defer? Commissioner Suarez: Move it. Chair Hardemon: Commissioner Suarez moves it; seconded by the Chairman. Is there any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Later... Susan Braun: May I ask a quick question? So you're not going to reconsider my request for intervener status? City of Miami Page 106 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: You can ask -- Ms. Braun: Pardon? Chair Hardemon: I -- me personally, no. I don't think that it makes any sense. I don't think that there's a legal argument that you have that's worthy of reconsideration of something that we've already decided. I think that your neighbor is better situated. He is an intervener, and -- I mean, what you've effectively said on the record was that the woman who was just speaking is the attorney for the -- for that intervener, and "She'll also be my attorney." So it's not as if you even have different counsel that's providing different argument. 1 mean, I think your argument would be weaker, because you're across the street and in a parcel away from the property, compared to someone who's actually right next door to the property. I mean, that's just it. And I think that it's -- it'll be a waste of our time if you're granted intervener status, besides the fact that I don't think that you -- well, the board decided that you shouldn't be granted it. That's just my opinion. The Commission may have a different opinion. Ms. Braun: Because, actually, with attorney -- City Attorney Mendez did not say that Renard ruled against me. She actually said it was at your discretion. Ms. Mendez: No. What I said was, we used the Renard case to explain who qualified as interveners. The last time you were present -- Ms. Braun: The word was "abutting." Ms. Mendez: -- we went through that exercise -- we went through the exercise, and you did not qualify. I said that if the board wanted to reconsider because something had changed -- like, if your property line had been moved, you moved closer, you did something else. Since nothing has changed -- Ms. Braun: M. Mendez, with due respect, that's not you said last -- at that meeting. It had nothing -- it had to -- I actually did qualify, and the word, according to Miami 21 that gives intervener status, is "abutting." And you looked up the word "abutting," and it doesn't necessarily mean "next to"; it could mean "across the street." That's actually what you read. And then you looked at Chairman Hardemon, and you said like this -- you went like this. And you said, `It's your discretion." So, according to the law, 1 do qualms, because what is -- Chair Hardemon: But let me ask you a question. We've already come to the opinion that you do not qualms, so what makes you believe -- tell me something, just give me something that puts you in a better situation where your argument about this -- Commissioner Suarez: Is she saying not defer? Chair Hardemon: -- already knowing how we feel about the whole abutting argument that you just explained, tell me why you should he granted that status? Ms. Braun: It's not that Pm better than the other intervener, my neighbor, Kirk. It's that we are both harmed more than the general public, which is the law for intervener status. And the amount of effort that I have put forth certainly, shows how I perceive I am more harmed than anyone else involved, and I don't think there's anyone here who is involved with this fight would dispute that. Chair Hardemon: Well, sometimes that's what happens. Sometimes you're involved in a fight, but you're not the name on the actual -- City of Miami Page 107 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Braun: And my house -- Chair Hardemon: -- on the suit. Ms. Braun: We didn't bring the pictures, but I took pictures the other day at sunrise. The way the sun angles up, my house is the one that's going to be -- lose sunlight. My house is the one that's going to have this mountain of light. I'm not saying it's worse than Kirk, but it certainly is significantly more than the general public. And the reason I would like intervener status is that I am very well -versed on the facts of this - - the last two years. Chair Hardemon: So she could call you as a witness. She can call you as a witness. She -- I mean, the fact that you're the client, because you have the status doesn't mean that you can just stand up and just talk. That doesn't -- that's not what happens. I assure you, when this thing conies up that she's going to be calling people as witnesses, and opposing counsel will be calling people as witnesses. Because you know the facts, you can -- Mr. Braun: I'm not going to argue anymore with you; I agree. Chair Hardemon: Okay. Ms. Braun: But one -- We're good on that. Chair Hardemon: You got it. Ms. Braun: We're good on the intervener. One thing -- I would appreciate respect from the applicant's attorney when he keeps mentioning the two homeowner associations. The most active homeowner association is the third homeowner association, Buena Vista Neighborhood Association. Chair Hardemon: You all better stop fighting in public like that. You got to get along. Ms. Braun: I'm not fighting. I'm just -- I -- it's just, he's presenting alternative facts. Have a wonderful day, gentlemen. Chair Hardemon: That's pretty good. That was pretty good. Thank you very much. City of Miami Page 108 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.8 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: Reconsider RESULT: RECONSIDERED MOVER: Keon Hardemon, Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez PZ.8 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 109 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.9 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: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: The motion to continue Item PZ.9 was reconsidered and a new motion to indefinitely defer Item PZ.9 was passed by the City Commission (see below). Note for the Record: For minutes referencing Item PZ.9, please see "Public Comment Period for Planning and Zoning Items." PZ.9 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: Reconsider RESULT: RECONSIDERED MOVER: Keon Hardemon, Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez City of Miami Page 110 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.9 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez PZ.10 ORDINANCE First Reading 1232 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PZ.10 was continued to the February 23, 2017 Planning and Zoning Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Items." Chair Hardemon: We have item PZ.10. Commissioner Suarez -- Commissioner Suarez: Yeah. Mr. Chair -- Chair Hardemon: -- I know you -- Commissioner Suarez: -- if we could do PZ.6 and 7, which are in my district? City of Miami Page 111 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Well, I know, for PZ.10, did you ask for a continuance on PZ.10, because we did not do it? Commissioner Suarez: No. I -- so I have to -- I -- so PZ.10, I have a conflict with PZ.10, and I have to state it on the record. So my conflict is that work in an office -- apparently, the -- unbeknownst to me, until after the fact -- the owner of the building that I lease space from bought a back lot on 22nd Terrace, one of the T3 lots, and so I've requested an opinion from the City Attorney, and she's of the opinion that I have a conflict, so I cannot be involved. I have to recuse myselffrom this matter; but had to say it publicly, right, Madam City Attorney? Did I --? Victoria Mendez (City Attorney): Correct. Chair Hardemon: So are there -- the parties for PZ.10, are they still here? Commissioner Suarez: I don't think there's -- it's not a parties for a -- Chair Hardemon: Well, I know that there were people that came to speak. Commissioner Suarez: Yeah. Chair Hardemon: There was people that spoke to it. That's why I just want to be clear -- Well, I know you're here. Commissioner Suarez: Do 1 have to leave, if they're talking about it? Chair Hardemon: Well, no. If we're talking about it -- if we're addressing the issue, then you have to leave, yes, but we're not there yet. I thought that there was a continuance that was being requested on this item. Yes, Francisco. Francisco Garcia (Senior Director, Planning & Zoning): Sir, if I may, understanding what has since been placed on the record, on behalf of the applicant, which happens to be the City Administration, then I would like to request that continuance; the reason for it being as follows: There was an interest expressed at the last meeting we all had regarding this issue to possibly have a tour of the area affected to better understand the conditions, and a number of parties here present were invited to that tour. Understanding now that Commissioner Suarez is no longer able to sponsor this item, what I'd like to do, just to be diligent about this and to give everyone a fair chance, is to take onto the department the tour itself and the additional input from stakeholders, and come back to you at the next Planning & Zoning meeting with a final recommendation. Chair Hardemon: Okay. Is there a motion in accordance with that statement? Commissioner Carollo: So moved. Vice Chair Russell: Second. Chair Hardemon: So moved and seconded. All in favor of the continuance, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion granted. Commissioner Suarez can come back in. I'll call item PZ.6. City of Miami Page 112 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.11 RESOLUTION 1227 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BABYLON INTERNATIONAL, INC. AND THEREBY REVERSING/AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING THE FINAL EVALUATION OF LOCAL DESIGNATION OF A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez PZ.12 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"; ACCEPTING THE VOLUNTARY PROFFER OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: Item PZ.12 was continued to the February 23, 2017 Planning and Zoning Commission Meeting. City of Miami Page 113 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.13 ORDINANCE Second Reading 1402 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN, OF REAL PROPERTIES APPROXIMATELY LOCATED 1) BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95, AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT, AND THE HISTORIC J.W. WARNER HOUSE, EXCLUDING 129 SOUTHWEST 4TH AVENUE, 135 SOUTHWEST SOUTH RIVER DRIVE, RIVERSIDE PARK, ADA MERRITT K-8 LEARNING CENTER, AND 601 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 2) AT THE EASTERN PORTION OF THE PROPERTY LOCATED AT 660 SOUTHWEST 3RD STREET (ADA MERRITT K-8 LEARNING CENTER), FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 3) AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA (HOPE CENTER, INC.), FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES," TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 4) AT 126 SOUTHWEST 8TH AVENUE, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; 5) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 3RD STREET, EXCLUDING 126 SOUTHWEST 8TH AVENUE, AND FROM SOUTHWEST 4TH STREET TO SOUTHWEST 6TH STREET, EXCLUDING 402 SOUTHWEST 8TH AVENUE, 430 SOUTHWEST 8TH AVENUE, 438 SOUTHWEST 8TH AVENUE, AND 601 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND 6) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 6TH STREET AND SOUTHWEST 7TH STREET, AND THE NORTHERN PORTION OF 775 SOUTHWEST 8TH STREET (EXCLUDING 827 SOUTHWEST 8TH STREET AND 620 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA), FROM "MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL," TO "RESTRICTED COMMERCIAL" AS DEPICTED IN EXHIBIT "A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 114 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City of Miami Page 115 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.14 1403 Department of Planning and Zoning ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95 AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AS IDENTIFIED IN EXHIBIT "B," ENTITLED "PROPOSED ZONING AREA KEY MAP," EXCLUDING 129 SOUTHWEST 4TH AVENUE, MIAMI, FLORIDA, 135 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, RIVERSIDE PARK, AND JOSE MARTI PARK; MORE SPECIFICALLY: AREA A: SECTION A-1: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-O "URBAN CENTER TRANSECT ZONE -OPEN" FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN SOUTHWEST 1ST STREET AND SOUTHWEST 2ND STREET, BETWEEN SOUTHWEST 5TH AVENUE AND THE MIAMI RIVER, INCLUDING THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AND EXCLUDING THE PROPERTIES APPROXIMATELY LOCATED AT 129 SOUTHWEST 4TH AVENUE AND 135 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; AND SECTION A-2: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO CI "CIVIC INSTITUTIONAL," FOR THE EASTERN 2.18 +/- ACRES PORTION OF THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AKA "ADA MERRITT K-8 LEARNING CENTER"; AND SECTION A-3: CHANGE OF ZONING FROM CI "CIVIC INSTITUTIONAL" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, AKA "HOPE CENTER, INC."; AND SECTION A-4: City of Miami Page 116 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 CHANGE OF ZONING FROM T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-0 "URBAN TRANSECT ZONE -OPEN," FOR THE PROPERTIES FRONTING THE EAST SIDE OF SOUTHWEST 8TH AVENUE ALONG THE NORTH AND SOUTH SIDE OF SOUTHWEST 7TH STREET, MIAMI, FLORIDA, AS IDENTIFIED IN EXHIBIT "C"; AND SECTION A -A: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTH OF MIDBLOCK SOUTHWEST 2ND STREET, AND SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND THE MIAMI RIVER AND INTERSTATE 95, MIAMI, FLORIDA, EXCLUDING JOSE MARTI PARK, RIVERSIDE PARK, AND SECTION A-1, A-2, A-3, AND A-4; AND AREA B SECTION B-1: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED," TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," AND T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-0 "URBAN TRANSECT ZONE -OPEN," FOR THE PROPERTIES FRONTING THE WEST SIDE OF SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 7TH STREET, INCLUDING 835 SOUTHWEST 7TH STREET, 822 SOUTHWEST 6TH STREET, AND 142 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, ALONG WITH THE PARCELS 639 SOUTHWEST 8TH AVENUE, 639 SOUTHWEST 8TH AVENUE, AND 775 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; AND SECTION B-2: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTIES APPROXIMATELY LOCATED AT 1153 SOUTHWEST 2ND STREET, 128 SOUTHWEST 11TH AVENUE, 136 SOUTHWEST 11TH AVENUE, 1101 SOUTHWEST 2ND STREET, 1107 SOUTHWEST 2ND STREET, AND THE SOUTHERN PORTION OF THE LOT FRONTING SOUTHWEST 2ND STREET, IDENTIFIED AS 1150 SOUTHWEST 1ST STREET, MIAMI, FLORIDA; AND SECTION B-B: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-R "URBAN CENTER TRANSECT ZONE -RESTRICTED," City of Miami Page 117 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 FOR MULTIPLE PARCELS IN AN AREA GENERALLY BOUNDED BY THE NORTH MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE WEST MIDBLOCK OF SOUTHWEST 11TH TO SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, EXCLUDING SECTION B-1 AND B-2; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez PZ.15 RESOLUTION 1400 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC ALLEY LOCATED EAST OF NORTHEAST 4 AVENUE AND BETWEEN NORTHEAST 29 STREET AND NORTHEAST 29 TERRACE, MIAMI, FLORIDA, AS PROVIDED FOR IN SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Vice Chair Russell: PZ.15. Francisco Garcia (Senior Director, Planning & Zoning): PZ.15 is a resolution before this Commission for the closure of an alleyway east of Northeast 4th Avenue, between Northeast 29th Street and Northeast 29th Terrace. The Planning & Zoning Department recommends approval, as did the Planning, Zoning & Appeals Board by a unanimous vote. This is an unimproved alleyway, and it would be reincorporated onto the private properties abutting it. Happy to answer any questions. I'll yield to the applicants. Commissioner Gort: Move it. Edward Martos: For the record, Edward Martos, offices at 2525 Ponce de Leon Boulevard. City of Miami Page 118 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: Your mike is off. Victoria Mendez (City Attorney): I believe the podium mike needs to be -- oh, okay. Or speak closer. There you go. Mr. Martos: Got it. One more time for the record. Edward Martos, offices at 2525 Ponce de Leon Boulevard, here on behalf of the applicant. We agree with all staff conditions. We're happy to report, we've got approv -- recommendation of approval from PZAB (Planning, Zoning & Appeals Board) staff and Plat and Street. Available for any questions. Vice Chair Russell: Commissioner Gort, did I hear you move it? Commissioner Gort: Yes. Vice Chair Russell: It's been moved by Commissioner Gort. Commissioner Carollo: Second. Vice Chair Russell: Second by Commissioner Carollo. Any discussion from the dais? Todd B. Hannon (City Clerk): It's a resolution, so you can vote it up or down. Vice Chair Russell: All in favor„say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Mr. Martos: Thank you. PZ.16 RESOLUTION 1401 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN EXCEPTION AS LISTED IN CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/ PLANNING, BUILDING AND ZONING DEPARTMENT/NON-CONFORMING USE PILOT PROGRAM", TO RENEW A CERTIFICATE OF USE FOR A NON- CONFORMING OFFICE USE ON A PROPERTY LOCATED IN A "T3-R" SUB -URBAN TRANSECT ZONE —RESTRICTED, AT APPROXIMATELY 2225 SOUTHWEST 18 AVENUE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City of Miami Page 119 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Note for the Record: Item PZ.16 was deferred to the April 27, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.16, please see "Public Comment Period for Planning and Zoning Items." PZ.17 ORDINANCE First Reading 1427 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 DESCRIBED IN SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 20, 30, 48, 54, AND 62 NORTHWEST 34 STREET AND 23 NORTHWEST 33 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 with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Vice Chair Russell: Are we up to 17? Is that --? Todd B. Hannon (City Clerk): That is correct, Chair. Vice Chair Russell: Yes, PZ.17, please. Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Items PZ.17 and PZ.18 are companion items. They are before you on first reading, and they are respectively for the land use and zoning designation change for properties at 30, 48, 54, 62 Northwest 34th Streets. The changes sought are in the basis of zoning from T3-O to T4-O. In this particular item, we have presented to you, as did the Planning, Zoning & Appeals Board, a recommendation partially, of denial for the land use change and zoning change for lots number 14, 13 and 12. Those are the lots to the west of the application, so closer to Northwest 1st Avenue; and partial approval for the eastern lots; those being lots 11, 10 and 9, and those are closer to Miami Avenue in the alley. That separates the commercial properties from the residential properties to the west. I recognize that this is actually a District 5 item, and the Commissioner is absent, as I've just noticed, but that is our recommendation. 1 will yield to the applicant. Vice Chair Russell.' Thank you, Mr. Garcia. I would actually like to wait, I think, until the Commissioner for the district is here, because with a partial recommendation, I'd like to hear his thoughts on it. In that case, shall we table this City of Miami Page 120 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 item until the Commissioner is back, the Chairman? All right, that's 17 and 18, which we will table. We have 19 and 20. Mr. Garcia: 19 and 20 are also District 5 items, sir. Vice Chair Russell: That is true, but that one -- Commissioner Gort: 21 and 22. Vice Chair Russell: Yeah. I think we're up to 23. Commissioner Gort: 23. Vice Chair Russell: Actually -- what is -- 23 is the -- Victoria Mendez (City Attorney): PZ.23 would be the next one. Vice Chair Russell: And that is -- is that in Commissioner Hardemon's --? Commissioner Gort: The appeal. Vice Chair Russell: No. We're going to hold on that one, because that one's going to be a significant discussion, I think. Later... Chair Hardemon: I think we have PZ.17. Vice Chair Russell: PZ.17 and 18. Mr. Garcia: Yes, sir. PZ.17 and 18 were briefly introduced into the record a moment ago. I11 simply recap briefly for the Chairman's benefit. They are, of course, the land use and rezoning application, before you on first reading, for properties at 30, 48, 54, and 62 Northwest 34th Street, and they involve the application for the zoning change from T3-O, which it is presently, to T4-O. The recommendation of both the Planning & Zoning Department, as well as the Planning, Zoning & Appeals Board, was partially to approve and partially to deny. The approval would entail the rezoning of the properties at lots 11, 10 and 9 of the subject application. Chair Hardemon: Would you show which ones are 11, 10 and 9 so -- Mr. Garcia: Yes, sir. Thank you. Chair Hardemon: -- maybe on the proposed map, so I can see very clearly? Mr. Garcia: By all means. They are the easternmost on the application, and they are the ones abutting the alley immediately to the west of the property, fronting North Miami Avenue, between Northwest 34th Street and Northwest 39th Street. And so, they encompass the property that is presently developed in an industrial fashion, notwithstanding the zoning and the -- the zoning designation and the land use designation, and the ones that are recommended for denial are the three westernmost lots, plus -- Chair Hardemon: Francisco -- Mr. Garcia: Sir. City of Miami Page 121 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: -- so you'll have to explain a little bit further for me. So, from what Pm looking at, I'm looking at the proposed map? Mr. Garcia: Yes, sir. Chair Hardemon: You're saying that the three parcels that are directly in front of the duplex residentials -- Mr. Garcia: That is correct, sir. Chair Hardemon: -- those are what you're denying? Mr. Garcia: Yes, sir. Both the Planning & Zoning Department are recommending that, and the PZAB Planning, Zoning & Appeals Board did as well. Chair Hardemon: Okay. And so, then the one that is east of it, the low density, where it reads, "low density restricted commercial," that part you are -- what -- explain to me what's currently on that parcel now? Can you (UNINTELLIGIBLE) -- announce yourselffor the record, please? Ines Marrero-Priegues: Okay. Good afternoon, Mr. Chairman and members of the Board. My name is Ines Marrero, attorney with offices at 701 Brickell Avenue, on behalf' of the applicants here for PZ.17 and PZ.18. Maybe I can simplify this by letting you know that we concur with the staff recommendation, both that of the professional staff as well cis Planning & Zoning Board recommendation, which would only rezone -- the two properties are immediately to -- that immed -- that abut the T6-8. I -- if you're looking at your monitor, they would be the property -- this is the property on 34th Street. It was formerly a cabinet shop, but before that, it was a heavy machinery use, and you can see the forklifts, and so that was never really a residential property. And so, the reason we added the additional lots was because we needed to bring additional properties to submit an application. Your Code requires a minimum frontage to file an application. But this property was clearly never residential. So the intent of the application was for this lot to be rezoned. After we filed the application, we were heard by the Planning & Zoning Board, and we came to this Commission, and we requested deferral with leave to amend, because this property was purchased by the owners of the shopping center on North Miami Avenue. And so, now we have an assemblage of more property owners who also own the parking lot that's on 33rd Street, which is also not a residential use; has been used historically for parking to serve this whole area, and so -- Chair Hardemon: So, counselor, on 33rd Street, the parcel that we're looking at on the screen right now, that would be this parcel that's just behind you? Ms. Marrero-Priegues: That is correct. Chair Hardemon: That's what I'm seeing on the screen? Ms. Marrero-Priegues: That is correct. And so what your professional staff and the Planning & Zoning Board have recommended to rezone are that industrial building and that parking lot. Chair Hardemon: Can you go back to the image that you had before? So where it reads, `Miami Equipment Services, " is that -- that's not the easternmost property --? Ms. Marrero-Priegues: Yes, it is. City of Miami Page 122 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: 1 mean, it's one long parcel, but what I'm saying is that if you can see, these are about 5, 000-square foot lots, right? So just east of the last one that was recommended for denial, is that where that Miami Equipment Services, Inc. frontage is? Ms. Marrero-Priegues: That is the first yellow lot. It has more than one address, because it is a large parcel, so it encompasses two addresses, but it's just that one lot. So, perhaps -- Chair Hardemon: So what I'm asking you, though -- maybe if you can identify on this sheet where that building is. Because I under -- it looks like there's more than one building there. What I'm saying to you is that you can mark it, but I know that it appears -- like when I look at the bird's eye of this, it appears to be like -- almost like a U-shaped structure. So the part that's closest to the avenue, what building is that? What frontage is that? Is that --? Ms. Marrero-Priegues: The parking lot that -- the parking lot property? Chair Hardemon: No, not the parking lot property. The property that is on 34th Street -- okay. So what --? Ms. Marrero-Priegues: That's 30 Northwest 34th Street. Chair Hardemon: Right. So I was saying, North Miami Avenue; 1 apologize. It's behind -- it's west of -- so this Miami Equipment Services, Inc. building, that one -- you see it? Would it have been the same one? Ms. Marrero-Priegues: Yes. Chair Hardemon: My question to you, is: Is that this building, or is it this building? Ms. Marrero-Priegues: It's all of this. Chair Hardemon: But that part there, this frontage, is that here or is it here? Ms. Marrero-Priegues: It here. Chair Hardemon: That's what I thought, okay. And that's the part you say has always been used in that fashion? Ms. Marrero-Priegues: That's correct. Chair Hardemon: Understood. Okay. Is there anything else you want to put on the record? Ms. Marrero-Priegues: No. We -- again, the intent was to rezone those two properties. This is in the Midtown area. You've -- had experienced what happens when a neighborhood doesn't want something to change. Right, they've been here numerous times. This application has been before this Commission; deferred several times. They went back to -- there has not been a single person that has expressed an objection to this rezoning. In fact, we did some outreach initially, and we obtained letters in support by a lot of members of the community who wanted not only this property rezoned, but this area -- what's called Wynwood Gardens -- to be looked at as a potential for up -zoning. That's not here before you, but it's just something to corroborate that the neighborhood -- we've done outreach, and that the neighborhood is supportive of this particular rezoning. And again, we concur with staff recommendation and are in agreement with it. City of Miami Page 123 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Thank you so very much, ma'am. Ms. Marrero-Priegues: Thanks. Chair Hardemon: The Chair would like to entertain a motion for acceptance -- Commissioner Gort: Move it. Chair Hardemon: -- with the staff's recommendations. It's been properly moved and seconded. Is there any further discussion on item PZ.17? Hearing none -- Barnaby Min (Deputy City Attorney): If I could clarify, because the legislation, as drafted, refers to "addresses" and not "lots." So, when it comes to PZ.17, my understanding is that the legislation needs to be amended to state that it is being approved for 20 and 30 Northwest 34th Street, and 23rd Northwest 30 -- 23 Northwest 33rd Street, but denied when it conies to 48, 54 and 62 Northwest 34th Street; is that correct? Chair Hardemon: Counselor is shaking -- Ms. Marrero-Priegues: That is correct. Chair Hardemon: -- her ahead in the affirmative. Francisco, is that correct? Mr. Garcia: I concur. Chair Hardemon: Thank you. Mr. Min: Thank you, Mr. Chairman. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): And for the record, so the legislation --? Mr. Min: Is as amended. Mr. Hannon: As amended. Roll call on item PZ.17. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. Chair Hardemon: Okay. City of Miami Page 124 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.18 ORDINANCE First Reading 1428 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-O, "SUB -URBAN TRANSECT ZONE", TO T4-O, "GENERAL URBAN TRANSECT ZONE", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 20, 30, 48, 54, AND 62 NORTHWEST 34 STREET AND 23 NORTHWEST 33 STREET, MIAMI, FLORIDA; 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: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.18, please see Item PZ.17. Chair Hardemon: PZ.18, the Chair would like to entertain a motion; the same. Commissioner Gort: Move it. 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.18. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. Chair Hardemon: That -- well, we have a pocket item by the -- Vice Chair Russell: We already did it. Chair Hardemon: Oh, you already -- Look at you guys. Aren't you fast? Commissioner Suarez: (UNINTELLIGIBLE). That's (UNINTELLIGIBLE). Chair Hardemon: Nah, you waited till I left. You didn't want to hear what I had to say about it. Barnaby Min (Deputy City Attorney): There is a 5 o'clock. Chair Hardemon: There is a 5 o'clock. Dwayne Pathman. Commissioner Suarez: Let's do it the next meeting; it's 5 o'clock. Chair Hardemon: That's up to -- I mean, it's up to you all. City of Miami Page 125 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: What, the time certain? Chair Hardemon: (UNINTELLIGIBLE) you said 9 o'clock. The only issue about the morning times -- Commissioner Suarez: (UNINTELLIGIBLE) the next meeting (UNINTELLIGIBLE) so we can get out at 5. (UNINTELLIGIBLE). Chair Hardemon: I mean -- Commissioner Suarez: (UNINTELLIGIBLE) 4:30 -- 4:35. Chair Hardemon: But the -- you know, the issue -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Hardemon: -- is that -- what happens is that you'll have someone here to make a presentation for us to hear information, and you have a lot of constituents that are here trying to speak on the issue. Now we don't have it. I mean, we don't have that problem. But in the morning, we have that problem and in the afternoon we have that -- oh -- Unidentified Speaker: You're opening the public hearing again? Chair Hardemon: -- its not a problem, but we have -- Huh? Unidentified Speaker: Are you opening up the public hearing? Chair Hardemon: No, I'm not opening up right now. Commissioner Suarez: (UNINTELLIGIBLE) issue. Chair Hardemon: Yeah, we have people that want to speak in the morning and we have limited time before lunch, and then in the afternoon, we have people that want to speak, and we typically have a agenda that we have to finish, and so that's why, you know, I try to put it at a time where it's not interfering with that. Because, if not, you setted [sic] it for a 3 o'clock time certain, but you can't get to it, because you're on public comment or you're hearing from other people. Vice Chair Russell: Right. Chair Hardemon: And so, that's part of the issue that we have, but -- thank you, brother. Vice Chair Russell: I think there will be turnout for the 5 p.m., the time certain we have today. I think -- I know nobody's here now, that I see, but I don't even see the presenter. Chair Hardemon: Well, the --1 mean, the one thing I can say is that it does require a quorum. 1 don't know if -- so, 1 mean, what do you think we should do? Vice Chair Russell: I would stay to hear it. I -- just in case a lot offolks are coming for it. They were going to come with actual recommendations for the first time and, really, substantive, and now that we have our resiliency officer as well -- but it's at the will of the board, obviously. If -- like you said, it's up to whether or not we have a quorum. Is Pathman here? Is he in the building? I haven't seen him today. City of Miami Page 126 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Has anyone seen Pathman? Vice Chair Russell: 1 mean, it's 20 minutes away. Chair Hardemon: What do you think? Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: What did you say? Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: Oh. No, no, no. Mr. Min: I believe Mr. Pathman works downtown, if you want us to try and call him and see if he can come a few minutes earlier. Vice Chair Russell: Well, its not just him. I believe the community, as well, and whoever was going to come at 5, but I don't know. I don't know who's turning out, so we can table it. I mean, we can defer it. Chair Hardemon: I mean, it is -- it's a discussion item, so there's not necessarily any action that needs to be taken on it today. Vice Chair Russell: True. Chair Hardemon: So, you know, if there are Commissioners that want to stay for the discussion item, its possible. (UNINTELLIGIBLE). Vice Chair Russell: Let's see how close he is. Does anyone have contact with Mr. Pathman? Mr. Clerk -- Chair Hardemon: (UNINTELLIGIBLE) give it a shot. Vice Chair Russell: -- do we have any contact with our time certain presenter? I don't think we do. Ah, here's our resiliency officer. Chair Hardemon: These are very new issues to have, right? Vice Chair Russell: We're not used to being early. Things don't usually happen quickly around here. He's here? Unidentified Speaker: Yeah. Chair Hardemon: Oh, he's here? Vice Chair Russell: We should hear it. Chair Hardemon: Like 1 said, members, it's not required to have a quorum to -- for a discussion item. Vice Chair Russell: Have a discussion item? Chair Hardemon: Yeah. City of Miami Page 127 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.19 1542 Department of Planning and Zoning Vice Chair Russell: I mean, the hope was whatever recommendations that they bring, we'd be able to bring them as an action at the next meeting. That was my hope; to move it along. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 100 NORTHWEST 17 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTAL 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: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Before we go to 17 and 18, I'll just -- what I'll do is I'll -- let me call PZ.19 and 20, because 1 think that's something that is noncontroversial. PZ.19 -- I mean -- Francisco Garcia (Senior Director, Planning & Zoning): Happy to do so, sir. Chair Hardemon: -- 19. PZ.19. Commissioner Gort: Dorsey Library. Chair Hardemon: Dorsey Library. Mr. Garcia: PZ.19 and 20 are companion items. May I beg the Chair's indulgence and simply say, for a moment, that I would like a moment to commend both the applicants, as well as the Preservation Office, for the many, many hours of work that were put into building consensus around the item PZ.23, and we are heartened that the result is as positive as it has been? Thank you. Item PZ.19 and PZ.20 are companion items. They are the proposal for land use change and rezoning change for the property where the Dorsey Library, the Historic Dorsey Library presently, sits. And the purpose for the change, which is from T3-O, present designation, to CI, the civic constitutional zoning designation, is to allow for the existing building, the edifice, which is in the process of being refurbished, to. function properly as a library use, since the present zoning does not allow for that. The Planning & Zoning Department recommends approval. The Planning, Zoning & Appeals Board recommended approval unanimously for both items. Vice Chair Russell: I'll move it. City of Miami Page 128 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: It's been properly moved and seconded. Any further discussion on --? And we're going to -- Well, PZ.17 [sic]. Because we have to read both of those into the record separately; is that true? Barnaby Min (Deputy City Attorney): Yes, sir. Chair Hardemon: Okay, so PZ.17 [sic]. Is there any further discussion --? Mr. Garcia: Sir, I believe it's 19. Vice Chair Russell: (UNINTELLIGIBLE). This is 19, wasn't it? Mr. Garcia: 19. Chair Hardemon: I'm sorry, 19. Is there any further discussion on PZ.19? Seeing none -- 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.19. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.20 ORDINANCE First Reading 1543 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 PROPERTY LOCATED AT APPROXIMATELY 100 NORTHWEST 17TH STREET, MIAMI, FLORIDA, FROM T3-O, "SUB -URBAN TRANSECT ZONE OPEN", TO CI, "CIVIC INSTITUTION ZONE"; MAKING FINDINGS; 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 Note for the Record: For additional minutes referencing Item PZ.20, please see Item PZ.19. Chair Hardemon: PZ.20. Commissioner Gort: Move it. City of Miami Page 129 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. It's an ordinance. 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.20. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.21 ORDINANCE First Reading 1233 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 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.21 was continued to the February 23, 2017 Planning and Zoning Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.21, please see "Public Comment Period for Planning and Zoning Items." Chair Hardemon: Madam City Attorney, there were a couple of continuances that needed to be made. Can you announce those for the record? Victoria Mendez (City Attorney): Yes, Chairman. Thank you. Apparently, PZ.21, having to do with crew quarters, and PZ.22, having to do with storage facilities; both those items that are here on first reading will need to be continued in order to address notice issues. Apparently, the notice was not proper for it to be here today. Chair Hardemon: Okay. Is there a motion in accordance with that statement? Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved by the Vice Chairman. Commissioner Carollo: I'll second. City of Miami Page 130 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: Seconded by Commissioner Carollo. Any further discussion about that continuance? Todd B. Hannon (City Clerk): And, Chair, just -- Chair Hardemon: Yes. Mr. Hannon: -- so that we're all on the same page, those two items are being continued to the February 23 Planning & Zoning meeting? Ms. Mendez: Yes, please. Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All right, motion is approved. PZ.22 ORDINANCE First Reading 1131 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW A DISTANCE REQUIREMENT FOR PUBLIC STORAGE FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 February 23, 2017 Planning and Zoning Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.22, please see "Public Comment Period for Planning and Zoning Items." Note, for the Record: For additional minutes referencing Item PZ.22, please see Item PZ.21. City of Miami Page 131 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.23 RESOLUTION 1411 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY DR. JOHN SNYDER AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, WITH CONDITIONS, OF FIVE (5) WAIVERS FOR THE PROPERTY LOCATED AT 3701 PARK AVENUE, MIAMI, FLORIDA. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Deny ITEM WAS DENIED Ken Russell, Vice Chair Francis Suarez, Commissioner Hardemon, Russell, Gort, Suarez Carollo Note for the Record: The motion to deny Item PZ.23 was reconsidered and a new motion to continue Item PZ.23 to the February 23, 2017 Planning and Zoning City Commission Meeting was passed by the City Commission (see below). Note for the Record: For additional minutes referencing "Public Comment Period for Planning and Zoning Items." Note for the Record: For additional minutes referencing Item PZ.19. Item PZ.23, please see Item PZ.23, please see Vice Chair Russell: If Chair Hardemon is not nearby -- he's still -- Commissioner Gort: He's right there. Vice Chair Russell: -- working with the Buena Vista residents. Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: Why don't we take a look at PZ.23? Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. I've been advised that the appellant is not present. If I am mistaken, because that's the news I've received, please, Dr. Snyder, identify yourself. But the brief introduction would certainly be that the Planning & Zoning Department, along with the Preservation Office, here represented by the Preservation Officer Megan Schmitt, are recommending that this Board uphold the findings and designations of the Historic and Environmental Preservation Board, .finding that the waivers obtained are all in accord with the City Code, and certainly within the domain of the Historic & Environmental Preservation Board to grant. Happy to answer any questions you may have. Vice Chair Russell: Thank you. For the appellant not being here, are we you able to even consider this at this point? Mr. Garcia: We have verified, sir, that he was properly noticed and had received said notice. City of Miami Page 132 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Vice Chair Russell: Has anyone heard from the appellant, in my staff, that he's coming or not coming? Well, then, I'd be inclined to deny the appeal, if he's not here. Barnaby Min (Deputy City Attorney): Mr. Vice Chair, if I can just suggest that the Commission rely upon what's in the record, as well as what was presented to the HEP (Historic & Environmental Preservation) Board, and your determination to deny the appeal, just to make sure it's -- if Mr. Snyder does decide to go to court, we can base it on that record. Vice Chair Russell: Rather than because he's not here. Mr. Min: In addition to him not being here, you're also relying upon what's been presented to you. Vice Chair Russell: I'll pass the gavel and move to deny the appeal, based on exactly what Barnaby just said. Commissioner Gort: Okay, there's a motion to deny the appeal. Commissioner Suarez: Second. Commissioner Gort: Is there a second? Commissioner Suarez: Second. Commissioner Gort: It's been second. Any further discussion? Todd B. Hannon (City Clerk): Sorry. One second. Commissioner Gort: Yes. Vice Chair Russell: I passed the gavel. Mr. Hannon: Okay. My apologies. Just want to make sure. Thank you. Commissioner Gort: All right. Vice Chair Russell: Musical gavel. It's going down the (UNINTELLIGIBLE). Chair Hardemon: What is this? We haven't actually voted? Commissioner Gort: No. Here. Vice Chair Russell: We tabled your three items -- four items, and we're dealing with PZ.23. Commissioner Gort: There's a motion to deny the appeal -- Chair Hardemon: Now, let me tell you something. Commissioner Gort: -- and it's been second. Any further discussion? Vice Chair Russell: Based on the recommendation of the -- Commissioner Suarez: HEP Board. Vice Chair Russell: -- HEP Board. City of Miami Page 133 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Commissioner Gort: HEP Board. Any further discussion? Seeing none, hearing none, all in favor, state it by saying, "aye. " The Commission (Collectively): Aye. Chair Hardemon: The matter of PZ.6 and PZ.7, those were continued, or were they heard, or what was the --? PZ.6 and 7, what did we do with those? You passed them? Mr. Hannon: PZ.6 and 7? Vice Chair Russell: We're -- Chair Hardemon: Yes. Vice Chair Russell: -- up to 17 and 18 -- Chair Hardemon: Yes. Vice Chair Russell: -- 19 and 20. Chair Hardemon: So 15 -- what happen to 15? Does 15 pass? Did we hear PZ.15? Mr. Garcia: Yes, sir, we did, and it passed. Vice Chair Russell: Yes, it did pass. I'm sorry. Chair Hardemon: It did pass. Okay, good. Okay, so we're now at -- Vice Chair Russell: 17. Chair Hardemon: -- PZ.17, 18, 19 and 20. Vice Chair Russell: Correct. Later... Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yeah. Vice Chair Russell: I'm sorry. Once we're done with sea level rise, I had one point of privilege, just one thing. Chair Hardemon: Okay. I know I recognized the resident to speak about something. Vice Chair Russell: Yeah. That's what it -- that's what it's in -- referred to. Thank you. Mr. Snyder, I recognize you're here now, and that you weren't here when the item was heard, and I'm -- John Snyder: I understand. Our item was PZ -- Commissioner Carollo: 23. City of Miami Page 134 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Snyder: -- 23. When I arrived, you were hearing PZ.17, so apparently, when we left her house, 1 believe you were on PZ.13. And apparently, you skipped PZ.17, 18, 19, PZ.20, PZ.21, and PZ.22. Vice Chair Russell: Yes. Mr. Snyder: We were PZ.23, and we were not here. So I would think that out of courtesy, you would at least wait until you'd heard the other PZ items. Vice Chair Russell: Then we -- I do sympathize with that, because it is complicated to look at the agenda and estimate when something's going to happen, but our PZ agenda does run from 2 p.m., and it could go till 2 a.m., and I know that you talked with my staff about that; "When should we be here?" or whatever. Things -- unless it's a time certain item, it can get heard out of order. And the applicant jrothe project, they -- their side was here from 2 p.m., and they waited all day, and they spoke during the public hearing portion; and that's why I was kind of looking around for you, even during the public hearing portion, because you can speak on all the PZ items at that time, and we hadn't heard from you -- or the Clerk hadn't heard from you that you weren't going to be here at any specific time or that you were coming at a specific time. I certainly would have made a -- an accommodation to hear from you. So I'd like to meet with you in my office afterwards. The item did get voted on, on the merits of what the HEP (Historic and Environmental Preservation) Board recommendation was, but 1'll be glad to sit and talk with you this afternoon to see if there's any merit for rehearing the item or bringing it back. And 1've asked the City Attorney already, noticing that you're here now, to let me know of what mechanism is available to us, ifpossible, to do that. Mr. Snyder: I had noticed in the past that when one side wasn't here, you would wait for them, but perhaps, they had contacted the -- Vice Chair Russell: If I hear from a party, for sure, 1'll table it or defer it, or whatever is necessary. All the other parties were here, and I wish you had been here, and I really do, because I know you feel very strongly about this. It's a very important issue. Mr. Snyder: It's certain -- Vice Chair Russell: 1 know that you recognize that 1, in the past, am willing to go to the mat on this very issue when it is correct. When there's a mistake done, I will defend it tooth and nail. 1 have studied this, and 1've been looking at it -- watching it very carefully, the HEP Board decision; your appeal as well. And so, the denial of the appeal today was based on that merit, but I didn't get to hear your side. I didn't get to hear -- Mr. Snyder: Exactly. Vice Chair Russell: -- you present it here today, and so I'd like to meet with you in my office, and I'm going to talk to Victoria, as well, to see what mechanism is available to us, ifpossible. There may be a reconsideration. It's -- Mr. Snyder: Thank you. Vice Chair Russell: Also, we have to consider the fairness to the other side, the applicant, the property owner, who will now be delayed, and they were here ready to present and defend their side against the appeal, obviously. So we'll need to let them know, if that's the case, that it will be delayed, and it will all be coming back, so we're going to talk. City of Miami Page 135 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Snyder: Okay. Thank you. Chair Hardemon: Is that all? All hearts or minds clear -- Commissioner Gort: Need to adjourn. Cindy Snyder: Can I (UNINTELLIGIBLE) something? Chair Hardemon: You want to say something to the Commissioners? Ms. Snyder: Yes. You know, we were aware -- Chair Hardemon: Can you state your name -- Ms. Snyder: Oh. Chair Hardemon: -- and address for the record? Ms. Snyder: I'm Cindy Snyder, and I'm involved with this as well, as are many neighbors. And many neighbors who are not here yet were aware that there was a 5 o'clock time certain hearing. We were aware -- no? Vice Chair Russell: Not for this item, no. Commissioner Gort: No. Ms. Snyder: Pardon me? Chair Hardemon: No, no, no. She's talking about the -- Vice Chair Russell: The sea level rise. Chair Hardemon: -- sea level rise. Ms. Snyder: Yes, that there was a sea level. Chair Hardemon: So they assumed that they were going to (UNINTELLIGIBLE). Ms. Snyder: Yeah, not for our item. So we were watching what was going on and trying to gauge when our issue would be heard, because a lot of people who were concerned about this were planning to come, and they have jobs and do various things, so we were trying to keep them abreast of what was going on. A lot of the people concerned do live close by and intended to come home from work early, or do whatever, so that they could be here, you know. So we didn't know that items got took -- taken out of order. You know, we weren't aware that that's the way -- Vice Chair Russell: I can sympathize with that, and it is difficult. Ms. Snyder: Yeah. Vice Chair Russell: And to your credit, today we actually went quite at an accelerated pace -- Ms. Snyder: Yeah. Vice Chair Russell: -- an efficient pace through the agenda. City of Miami Page 136 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Snyder: 1 would like to request -- Vice Chair Russell: Many items that were on the agenda got deferred to another date, which suddenly accelerates the entire pace of the day. Chair Hardemon: But you should know, as I was explaining to you outside, that any time there's a PZ item -- the PZ agenda -- I don't care what number you are -- Ms. Snyder: Okay. Well, we hear that now -- Chair Hardemon: Right. Ms. Snyder: -- you know, but we also weren't aware of how one requests and gets a time certain item, but we would like one for this in the next case, because now we have people who, you know, think, "Well, this is a real crazy process. How are we supposed to" --? Chair Hardemon: It's really not. Ms. Snyder: -- you know. Chair Hardemon: So, to explain it to you, if you want to speak on the item that is on the Planning and Zoning agenda, you come at 2 o'clock, because that's the time in which the public comment is made. If you are a applicant -- if you are a party to the matter, you're usually here at 2 o'clock, because that's the time that the PZ items can be heard. So you want to be in place, because your item may be called. It may -- so it may go 1, 2, 3, 4, 5, or it may go 1, 2, 6, 7, 10, 12, which is somewhat what it did today. Ms. Snyder: Well, it does seem that fromm the perspective -- Chair Hardemon: So what I'm trying to explain to you is that, so for residents who are corning to give their comments about the issue, they should come at 2 o'clock; just the same as on our morning agenda, residents should come -- really, it's at 9 o'clock, but we don't -- we typically get to the business around 9:30, 10 o'clock, when public comment is had. But for Mr. Snyder, being a -- the appellant in this whole matter, it would have been proper for him to be accountable. Vice Chair Russell: Mr. Chair, what -- just -- I'm worried we're going to lose quorum, and I want to make this -- Chair Hardemon: We're done with business. Vice Chair Russell: -- I want to -- actually, I would like to make this simple, while we do have three of us here, and I'd like to move to reconsider this item at another date. Commissioner Carollo: Second. Chair Hardemon: Okay. No discussion on motion to reconsider. All in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: Okay, so the motion passes for reconsideration, so now the item is alive, as if it has not been heard. And then, now you have to choose a date. City of Miami Page 137 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Ms. Snyder: All right. Chair Hardemon: And it'll probably -- it may need to be noticed again -- Vice Chair Russell: It will. Chair Hardemon: -- because the parties are not here. Ms. Snyder: How do we get a time certain? Vice Chair Russell: Through the Chair. Chair Hardemon: Yeah, that's a request that you have to make, if its necessary. So time certains just aren't something that we just hand out, like, you know -- Ms. Snyder: All right. Well, how do we get in the queue? What's the routine? Chair Hardemon: Depends. I don't want -- see, I don 't want to confuse you. Because if you're here from the community to speak about it, you should come at 2 o'clock. That is your time certain, 2 o'clock. And you're going to be heard -- you'll have an opportunity to be heard, and to go about your day if you want to or not. If it's a 5 o'clock time certain, all that means -- let's say, if we make a 5 o'clock time certain, all that means is that Mr. Snyder will have an opportunity to present his case at 5 o'clock. Ms. Snyder: Well, that would be a big help. Chair Hardemon: But what Pm saying to you is that -- Ms. Snyder: I think I understand what you're saying. You're saying that the people who want to be heard can come at 2. Chair Hardemon: Yes. That's automatic; every time. Ms. Snyder: And that in -- okay. Commissioner Carollo: Chairman -- Ms. Snyder: And I just -- Vice Chair Russell: Next Planning & Zoning agenda. Commissioner Carollo: -- motion to move it to the next zoning agenda. Chair Hardemon: That's the -- Commissioner Carollo: Is there a second? Chair Hardemon: -- proper motion; seconded by the Vice Chairman. Mr. Hannon: I'm sorry. Again, that's moving it to the next PZ? Vice Chair Russell: Yes. Commissioner Carollo: PZ. Chair Hardemon: PZ agenda. City of Miami Page 138 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Mr. Hannon: Okay, so that'll be February 23. Vice Chair Russell: Correct. Commissioner Carollo: That's correct. Ms. Snyder: February 3? Vice Chair Russell: That'll give sufficient time and notice, yes. Chair Hardemon: February 23. Mr. Hannon: Yes, sir. Ms. Snyder: 23. Mr. Hannon: 23. Commissioner Carollo: Take the vote. Chair Hardemon: All right, all in favor say "aye." Ms. Snyder: Okay. The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Snyder: Thank you. Chair Hardemon: This meeting is adjourned. PZ.23 RESOLUTION 1411 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY DR. JOHN SNYDER AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, WITH CONDITIONS, OF FIVE (5) WAIVERS FOR THE PROPERTY LOCATED AT 3701 PARK AVENUE, MIAMI, FLORIDA. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo ABSENT: Gort, Suarez City of Miami Page 139 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 PZ.23 RESOLUTION 1411 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY DR. JOHN SNYDER AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, WITH CONDITIONS, OF FIVE (5) WAIVERS FOR THE PROPERTY LOCATED AT 3701 PARK AVENUE, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Carollo ABSENT: Gort, Suarez Note for the Record: Item PZ.23 was continued to the February 23, 2017 Planning and Zoning Commission Meeting. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 140 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 141 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 142 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 143 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 144 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 145 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 146 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of Miami Page 147 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 NA.1 1688 Commissioners and Mayor NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DRAFT AN ORDINANCE PROHIBITING THE CITY OF MIAMI FROM JOINING AS CO -APPLICANT FOR ANY PRIVATE SPECIAL AREA PLAN APPLICATION AND PROHIBITING LAND ZONED FOR CIVIC SPACE FROM COUNTING TOWARDS THE GREATER THAN NINE (9) ABUTTING ACRE MINIMUM REQUIREMENT FOR SPECIAL AREA PLANS. ENACTMENT NUMBER: R-17-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: If I may; just have one pocket item. Chair Hardemon: You're recognized. Commissioner Suarez: If you can, Andres, pass out the pocket item. It's a simple resolution, and it's a resolution bringing back an ordinance; it's not an ordinance -- the ordinance, itself; just a resolution directing that an ordinance be brought back, amending Miami 21, and modifying the law with regard to SAPs (Special Area Plans). Currently, we have had a practice where we have in the past allowed ourselves, as a City, to co -apply; and we've also allowed ourselves, as a City, to aggregate parkland for purposes of the nine -acre threshold. I think that's problematic on a multitude of different fronts. The first is, if we are a co -applicant and we are supposed to be the entity that scrutinizes the application, it sort of creates a conflict of interest. It's hard to scrutinize someone who you are co -applying with, so that's one issue that I have with it. The second issue is, rightfully or wrongfully, the SAP language has a nine - acre requirement. And the way I've always viewed it is, there are two vehicles by which you can do large-scale planning. One of them is an SAP, which is a -- sort of a private application from a private developer; and the other one is an NRD (Neighborhood Revitalization District), which is -- which was done in Wynwood -- and that is a City -based application; in other words, the City says, "Hey, we want to redevelop this area, and we're going to take the lead on doing this." I think mixing the two creates problems. We all -- many of us attended a Legion Park meeting, where many residents were angry -- let's put it that way -- with the perception that the City was in league with the developer. And as we grow -- and I know we've done it in the past -- but as we grow as a City, I think our residents are growing more and more skeptical of our oversight, so I think we need to be even more careful that the actions that we take don't create a perception that we are biased in, you know, in our analysis of these applications. So what I'm asking for is simple; it's just bringing back an ordinance. You know, obviously, the ordinance will have sort of the meat and potatoes of it, but those are the two principles behind the ordinance, and then we can decide whether or not we want to make that law. But that's my resolution, and 1 move the item. Vice Chair Russell: Mr. Chair. City of Miami Page 148 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you. 1 understand the intention of this, and I absolutely agree that whatever good we intend, if the perception is not there from the public that we intend well that we'll get smacked for it. And so, it's really important that we are transparent, and that we follow a really good process. My only concern is that if we pass this, are there unintended consequences for other projects in which we are the applicant, or in which -- you know, I just want to make sure that we're achieving the PH intention, without killing the ability for further SAP, where it's our property, exclusively, for example. It's my understanding that the Virginia Key Marina RFP would require an SAP, and that is CS Land, so would this preclude that? One potential amendment which might solve this is that in any case where the City wishes .for us to be a co -applicant, it would come to the Commission before the application -- the co -application; that way, it's in the public, we are accountable; and if it works, if it makes sense and the public knows, and we're all in agreement, it can move forward, but that it doesn't happen in this way. Commissioner Suarez: So -- Mr. Chair. So I'm open to that. Obviously, my intention here was to put a resolution of what sort of our basic concept is. This does not prohibit the City from them self -- if they have nine acres, they, themselves being the applicant on an SAP. They also could be the applicant on an NRD, so if the City becomes the applicant, it's a little bit of semantics in that particular context, but it doesn't prevent the City from being its own applicant. AVM- as there being some sort of procedure where it comes to the Commission for co -application, I'm open to that. I think that's the purpose of debating, you know, an ordinance in the next meeting or whenever it comes. And then I know -- I think we should get public input on that. Commissioner Gort: Mr. Chair. Chair Hardemon: Yes, you're organized. Commissioner Gort: Look, I understand and agree with you, but at the same time, you can't -- each neighborhood has different need, like you have right now in Virginia Beach, and we might have -- and I agree, it should be corning from the Commission, so we approve it and there's the public hearings, and we get the Manager to do something. Now my understanding, also, we, as a Commission, can ask for an NSP (Neighborhood Stabilization Program) in any of the areas that we think it could be useful, so that would not stop. Vice Chair Russell: We could ask for one. Chair Hardemon: Fine. What I'd like to do before we move further into discussion, I'd like to open up the floor for public hearing for this resolution that's being brought forth, so I recognize you, sir. Elvis Cruz: Thank you, Mr. Chairman. Elvis Cruz, 631 Northeast 57th Street. Commissioner Suarez, I want to thank you very much for bringing forth this initiative this morning. This is an excellent thing to do; it's an excellent amendment. The City of Miami is already zoned to allow eight times the number of housing units that are on the 2010 census; eight times. That's that maximum density potential that you agreed to have the City calculate; that was the result. The City is already insanely over - zoned, and SAPs only make that insane, over -zoning worse. Commissioners Suarez, Carollo and Hardemon, you were at Legion Park last week. You saw the mood of the public. "Fed up" is a kind word. There was much raw emotion and anger in the room at the amount of vertical concrete that's happening all around town; much of it at the expense of residential neighborhoods, especially established residential neighborhoods. This concept is an excellent first step in reversing a very bad City of Miami Page 149 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 situation with the insane over -zoning that has taken place. 1 want to bring your memories back -- especially Commissioner Russell's memory back -- to April 27 of 2016, when you and 1 were both in the room at the Plymouth Congregational Church, and the room was packed with the neighbors from Coconut Grove, and they were very angry about lot splitting, et cetera, and all the things that are happening in the Grove. You're familiar with the mood of the public regarding overdevelopment. And at that meeting, I heard my favorite Xavier Suarez quote -- not a Francis quote -- Xavier Suarez quote. He said, "The City should be looking at down -zoning." He said it twice. That's what should be happening; not up -zoning; down -zoning, because we're already zoned for eight times the number of housing units. Thank you. Chair Hardemon: Thank you. Iris Escarra: Good morning, Chairman. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I feel a little bit -- somewhat guilty, since it's our development that's kind of really brought this to fruition, but it's actually a good thing; it's actually a good thing. And I wanted to first thank you, Commissioner Hardemon, for setting up that community meeting. Thank you for those that attended the community meeting, your staff that attended these community meetings; and a very special thank you to James McQueen, and Francisco Garcia, who really took on a variety of questions from the community very eloquently, and I wanted to thank them personally, because they were out there answering questions fbr an application that's being processed, butt think it's actually opened the eyes of a variety of different issues with special area plans. And I'm just here to say that we're here; we continue to work with the City. We look forward to developing the site, whatever may come of that, with regards to this particular ordinance, and we're just here to say thank you, and we will continue to work with you all. Thank you. Chair Hardemon: Is there any other person from the public that'd like to speak on the item? Seeing none, I'll close the public hearing. Commissioners, we had an SAP that recently passed in Commissioner Carollo's district that involved a park. No one from that community was up in arms about that particular SAP and how it moved forward. There have been other SAPs that have been passed in our communities, for instance; some that did not involve parks. And I sav that to say, not all SAPs instill anger in people; not all SAPs. There are many SAPs that don't involve, as was stated -- what was stated earlier -- these large buildings being built. The Design District SAP is one instance of that. There was particularly no mass vertical building that was erected because of SAP; it was more so for the style, for the lighting; it was different improvements that were not standard in the City. And so, 1 say that to say, in reference to SAPs and what SAPs mean to our community, they're different; each SAP proposes something completely different. And so, I wouldn't want to be a part of saying, just because something is an SAP, the City should be against it, so that's first. Relating to the public discussion that we had about the SAP in the Upper Eastside, I think you should always remain -- Well, first, we're going to have another public hearing involving this office -- my office and that community, because I want to discuss with them more so the options, because many times, when people get into a public discussion, they will say -- for instance, what was said loudly there was, "No SAP." And so, we're not -- I'm not here to discuss right now that SAP or the applicant, or anything of that nature. But just generally speaking about that in those types of discussion, they say, "No SAP." And, okay, say it conies before the Commission or if it doesn't come before the Commission, no matter what -- Say if the Commission decides that they are not in support of an SAP in that area. The applicants could still build what they want to build by law, and then the question is always, "Are we going to be happy with what they build by law?" And so, many times -- and I say this to say that in an SAP, it gives the City an opportunity to manage development, because now, the community can be a part of saying, "No, we don't want the buildings to be that high, as you propose. The buildings should be this high"; or, City of Miami Page 150 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 "We want it to be over here versus over there," and you can have more say in things being done. So 1 want to ensure that the community has an opportunity to talk about that from the community's perspective, with me, as the representative of that area. And so -- but there are other parts of our communities where SAPs could be proposed that could involve, say, a public participation or public land, and it may he beneficial to that area, and the people who live around that area could say, "Hey, we want that in our area, because we think this would be an improvement to this overall area." And so, that's part of my issue with this one, this resolution, because it essentially blocks out the possibility of having that discussion, and I don't want to do that, because it may have unintended consequences with other developments; particular, that may affect areas that we're not thinking of at this time. And, you know, Commissioner Suarez, you mentioned that the City, as a co -applicant, sometimes, it -- well, it could be troublesome if the City is a co -applicant. But the City sometimes is an applicant, period, you know. And the City is an applicant, and then the staff and PZAB (Planning, Zoning & Appeals Board) have to decide whether or not the zoning that is being sought by the City or any other development issues being sought by the City is something that is recommended. And the City, I expect to give their professional recommendation, and I expect PZAB to give their recommendation, as well, and we have to consider those things. And, you know, by bringing it -- say, for instance, the discussion about should we bring the issue of an SAP before the Commission, as an -- before we decide that it's an applicant -- before the Commission can be -- that's a -- Let me explain myself correctly. The Vice Chairman said that maybe we can bring the application before this Commission decides whether or not we want to apply and before the City actually makes an application. And I'm wondering if that would complicate the issue even further, because, for instance, if we decide, okay, as a City, we want to apply -- this Commission decides we want to apply -- it would still have to come back before us to decide whether or not the SAP would be approved in the end. And so, if you have an applicant who -- No. Say you have opposition from the community, because no one is going to completely, 100 percent agree that you should have it. So someone is going to always say, "No, I don't like it." You say, "We have free water for the residents of the City of Miami." Someone is going to say, "No, I don't like water. I prefer milk." You know, it's going to happen. And so -- but that person, who has a right to be in the negative about something, say they sue. And they say, "Well, City of Miami, you decided before" -- "As Commissioners, you all decided in the beginning that you all wanted to have an SAP when you made the decision beforehand. So all of this other stuff is just kangaroo court. The fact that I'm putting on evidence to show that the SAP isn't worthy for this area, it is inappropriate, it means nothing, because you all made your decision. You were biased from the beginning, and therefore, you shouldn't" -- 'your decision shouldn't be binding." And so, those are some of my issues that 1 have with what's there. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Well, first, the way I look at it is like this: Miami 21 -- and I often say -- use this analogy: It's like an operating system. So we have, you know, Windows or Apple; that they issue an operating system. And that operating system, like every operating system, has glitches. So you start using the operating system, and as you're using the operating system, you start discovering, "Well, maybe we need to refine something here; maybe we need to tighten something up here, " et cetera, et cetera. 1 think the SAPs were certainly well intended when they were created as part of Miami 21. 1 think what we started to see, little by little, is they've been used to expand development capacity enormously, so 1 think that's an issue. I think you've also started to see developers -- private developers that don't -- haven't amassed the nine acres say to the City, "Hey, lend us three of your acres, four of your acres, " whatever the total amount is, "to create an application." And I'll give you an example. I think it would be impossible, for example, for the Planning Department to say, "We're a co -applicant on an SAP, " and then, "Recommendation: Denial." How could you be a co -applicant on an application and then say, City of Miami Page 151 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 "Recommendation: Denial"? You're -- you know, you just -- you are the oversight, sort of the police officer. And they do a great job of it. They're professionals. I've never questioned Francisco's professionalism, not once in my entire time. He takes a very professional -- If there's anyone that could potentially balance that, it would be someone like him. But I just think you're putting -- actually, I think you're putting him in a very bad position, personally. I think you're putting him in an impossible position, because he has to decide, number one -- and it was very evident in that meeting that he was the deciding person, apparently. He has to decide whether, number one, "A," they're going to be a co -applicant. Then he has to take an objective analysis of the application and give a recommendation. Well, it's really hard to say, "We're going to recommend denying the SAP," if you're a co -applicant. And so, I think that's where the public starts to say, "Hmm, I'm not sure you can scrutinize these applications" -- which are big developments, they're massive developments" -- "if you have already decided that you're going to co -apply." Chair Hardemon: But that's the thing about it. The -- so the co -application versus the passing of the SAP. You know, what I -- I try not to -- I do my best not to affect his professional decision -making or not intimidate it, or not to influence it -- Commissioner Suarez: Question. Chair Hardemon: -- in any way. And I'm speaking of Francisco, for the record. And the reason I do that, because I want to ensure that he's giving me objective information that we have to consider. And so, I have a right to disagree with his information. Commissioner Suarez: Of course. Chair Hardemon: And I have a right to vote the way that I want to vote. If there is an SAP that I was in favor of I could vote in favor of it; and if there was one that I was not in favor of -- Commissioner Suarez: Absolutely. Chair Hardemon: -- no matter what -- how he professionally recommended. Commissioner Suarez: I agree with that. Commissioner Carollo: Mr. Chairman, can we have Francisco give his opinion on this, ifpossible? Chair Hardemon: Please. Francisco Garcia: Thank you for the opportunity, sir. Francisco Garcia, Planning & Zoning director. I think I'm going to paraphrase Commissioner Suarez. Special area plans -- SAPs -- are essentially a tool; nothing more, nothing less, and we take it as such. I think in response, or the only comment that came to mind as the comment was made that by virtue of deciding to become a co -applicant, we were essentially in favor in some manner. What 1 would say is that we -- In the moment in which we decide that being a co -applicant may be a good idea, all we're doing, really, is saying, "We're very interested in hearing what you, developers, have to say about what the possibility for a correct proposal of this land is." We certainly work -- we -- and not only us in the Planning & Zoning Department, but all the departments in the City -- Public Works, Building, et cetera -- work with the applicant to try to craft their proposal in the best manner possible. As you well know, this certainly involves the public throughout many public meetings, and subsequently, hearings. And our participation simply is about that -- optimizing the proposal; and, ultimately, of City of Miami Page 152 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 course -- and Commissioner Hardemon said this -- ultimately, of course, we understand and accept that the decision will be made in a public hearing setting. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes, sir. Commissioner Suarez: But you try to optimize proposals, whether you're a co - applicant or not, correct? Mr. Garcia: That is always the case; yes, sir. Commissioner Suarez: Of course. So my issue is, it's hard. for the police -- the person who is, you know, having -- enforcing the police powers of the City; the person who is reviewing an application to be a partner. You're either the -- sort of reviewer, and someone who's trying to make it better, obviously, for the City; or you're a partner, but it's hard to play both roles. I'm saying, if there's anyone that has the integrity to do it, it's you. I just have a problem with it; and I think, not only do I have a problem with it, I think the public perceives there to be a problem with it. So -- Chair Hardemon: And Commissioner Suarez, I'm going to change it just a little bit, because, particularly, that -- it brings to mind -- Sometimes we -- I think we interpret what items it is that we use that type of mindset about, because what brings to mind -- what comes to my mind immediately is, say someone has an interaction with a police officer, and its not favorable. And they go to IA (Internal Affairs), and they want to file a complaint. And we all know that IA investigates the complaint about the police officer. So now you have the police officer in the City of Miami being investigated by the -- by another police officer in the City of Miami. And the resident has to live, if you will, with the decision that was made by another police officer. Now, I bring that up because not too long ago, when we had the issue with the containers, you had a police union president say, "Well, we can't trust our police to conduct an investigation about what's occurring in the Police Department." Now, to me, that was a huge thing to say, because my thing is, if you can't trust the police to investigate the police about something the police did, then how is it that we can trust the police to investigate the police about something -- you know -- regarding someone who is outside of the Police Department? And so, if -- I bring that up, because Commissioner Suarez: You're kink of making my -- Chair Hardemon: -- if that's the way we're going to Commissioner Suarez: -- argument. Chair Hardemon: -- it should be -- no, no, but my point is this: Professionally, I expect that the police and the Internal Affairs can do their job, and should do their job by investigating incidences that occur within the Police Department. I expect that, because it's the professional law enforcement. Now, if the police union president doesn't believe that that can happen, to me, that speaks milestones. And so, then maybe -- then there is no IA; maybe then there should only be outside investigation of things that occur, because he spoke -- to me -- his thought that he doesn't trust his own Police Department to do an investigation of itself. So that speaks milestones about the Police Department, itself. And he's authorized to speak on behalf of all the police -- I'm just saying that's what he said, right? And in this case, it wasn't the City saying, "Well, we don't trust what Francisco has to say." It's the perception from the community that, if the City is a co -applicant, then they don't trust. And so, the question is -- and the way you stated it, Commissioner Suarez -- that you trust City of Miami Page 153 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 Francisco and his decision -making to be in the -- professional, in the best interest of - - well, professional, for that matter. And so, the question is, are they the same? Daniel J. Alfonso (City Manager): Mr. Chairman, I would like Francisco to define the ward, "optimization," because I think that there's a confusion. I think in the way some people think "optimization" means, "I'm going to put the highest possible structure there, with the highest possible density." So I would like Francisco to explain. What do you mean by "optimization, "Mr. Garcia? Mr. Garcia: Thank you for the opportunity, sir. And to be perfectly honest, that had not even occurred to me, because, certainly, when we look at the quality of a project and we look to optimize a project in every single review we conduct, what we are doing -- and you've heard me say this a million times before you in my presentations - - is we try to ensure that the project that is being presented and the project that is ultimately presented to you for decision -making is the best project it could be. Commissioner Suarez: Of course. Mr. Garcia: In many instances -- and this is the case with, I' going to say, just about every single special area plan that has been presented to you, in every, instance -- the end product is not the highest and best use; it is not the densest; it is not the most intense. It is actually much less than that. What the SAP does -- and this is probably the highest utility of this tool -- what it does that no other mechanism does is to provide for design flexibility in terms of the look, feel, configuration of the project that other regulations that were put in place before the project could even be thought of bring into the plate. So for us -- the big advantage for us, as your staff, is that we now get to configure and mass the project; give it scale that properly addresses the context - - and "context" is the key word -- that it sits in. Now, that, of course, is a very subjective matter. What we try to do as part of the SAP process or any other review process is to ensure that it is optimized, in the sense that it is the most contextual, beneficial for the community project it can be. And ultimately, of course -- and I'll close with this; forgive me, Commissioner Suarez -- and ultimately, the decision is yours to make; and ultimately, the public's to make on appeal. Commissioner Suarez: Look, I'm very wonkish about these things, and Francisco and I have very lively debates oftentimes about some of this stuff. I think -- First of all, this resolution just asks for a ordinance to come back, so we'll have two other sort of bites at the apple, if you will, to discuss and debate the merits of it. 1 think, first of all, it doesn't prevent the City from doing its own SAP, number one. Number two, it doesn't prevent the City from doing an NRD, and it doesn't prevent or restrict an applicant from doing an SAP. What it does is, it says, "We don't want the City in the SAP game as a co -applicant, and we don't want them using City land as part of the nine acres." The -- to me, the idea behind an SAP was, if you have enough land in principal, we want to allow for that flexibility -- a developer to come in and propose a more flexible development, which is exactly what you just stated. I'm not so sure that the original intent or the original vision was that we were going to let developers -- not nine -- let's aggregate five or six, and then let's get three acres of City land or four acres, or even a majority of City land in the application, for purposes of having that flexibility for three acres of private land, or four acres of private land. So I just think it's like everything else in life. You create something -- 1'm not saying it's a bad thing. I'm saying you create something, and then, in practice, it starts being utilized, and it starts being utilized in different formats. And we have an option. We can either allow it to continue to be utilized that way, or we can change it. I personally feel that it should be changed. I just don't think that it's -- we should be a co -applicant. I think, again, it's a conflict. Irrespective of your integrity, it is a conflict, to me, and I think the public perceives it as a conflict. And I also think that there is a problem with having public land be part of a private SAP app -- or a co -application, because it -- City of Miami Page 154 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 again, it's weird. You know what 1 mean? You're using the public's asset to potentially reconfigure, give -- you know, redevelop land, and 1 just think that, even though we've done it in the past, I'm not sure that just because we've done it in the past doesn't mean that we should continue to do it in the future. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman, and thank you, Francisco, for your briefing on this issue with me. It was very enlightening, because I was very familiar with what happened at the Legion Park meeting, and that's the -- you know, you hear the public and their will, and their suspicion of what is happening. But really listening to Francisco, if the public could hear where he was corning from this and if the intention to be a co -applicant had been vetted publicly and approved by us as a Commission, there may have been either less controversy, or it would have died at an earlier stage, understanding that public will. What Francisco expressed to me in our briefing was that the City does wear two hats, and in one time, we're a regulatory hat; and one time, we're a landowner hat. And when the public sees us and they can't tell which hat we're wearing, and as that landowner, we're trying to find a benefit, at the end of the day, and in -- I know Francisco sincerely believes this -- that the benefit being gained from this SAP, and by being a co -applicant would eventually benefit the residents through the redevelopment of that park, the community center; all of the things that the City can bargain as benefits from the SAP would be good for the community. But he is not the elected that is -- listening to those people, with the finger on the pulse of whether that is worth the tradeoff that the SAP has for their community in terms of development. Of course, that does come down to us at the end of the day when it comes to us, but my requested amendment was simply that we would not do any of these things without prior approval of the Commission being co - applicant, using City land as part of a private SAP. So my amendment that I was asking for, which might not tie our hands to where, when the community and the City does feel that there would be mutual benefit. Let's say the residents said, "Hey, this is a good tradeoff" but we've now tied our hands, and we couldn't do it, that we could -- you know, by vetting this earlier at Commission, we could be an applicant with the public -- with the will of -- there will always be some who dissent, but if we vet it publicly, we can move forward or not. So my requested amendment was just to add the phrase, "without prior approval of the City Commission," at the end of Section 2 and Section 3. That was -- and I think that would make his -- the intention of the Planning & Zoning (UNINTELLIGIBLE) much more public and less suspicious. Commissioner Suarez: Mr. Chair, if I may just chime in on a couple things? One -- First of all, thank you for your latitude on this issue, which is a pocket item. 1 appreciate that. I would argue -- Pm comfortable with the reso as is, but I would argue that a lot of the things -- and we've had this discussion a lot in the -- in -- behind closed doors, because I have actually been looking at this prior to the Legion Park meeting, for a while, and we hadn't had a chance to sit down and vet it, you and I. But I would argue that a lot of the things that are -- that can be achieved through having the City be a co -applicant can be achieved, regardless; in other words, park improvements, those can be achieved, regardless of whether or not the City is a co - applicant on an application; in other words, we could be scrutinizing in a -- Vice Chair Russell: Not if they can't reach the threshold. Commissioner Suarez: I'm sorry? Yes. Vice Chair Russell: If they can't reach the threshold, then we don't have the -- Commissioner Suarez: Oh, absolutely, we can, and we do it every single day. We've done it for years. Your predecessor did it very, very well. He would make, you know, City of Miami Page 155 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 park improvements as part of the entitlement process a continual thing, and it was done in many projects on the Biscayne Corridor. Its been done all over the place, and I could cite you many, many examples of it. In fact, I think Mr. Milton came in and improved, as part of a bonus program, a park, and wanted to trade those bonuses and maintain them as TDRs (Transfer Development Rights). So improvements to park and public property as a function of the normal zoning process happens every single day. It was here before SAPs, and it's going to be here long after SAPs, so that's one thing. The second thing I would tell you is, there is a finite amount of SAPS left. We talk about these things in abstract terns, but there's a finite amount of aggregated parcels that level. I don't know what that number is; maybe six, maybe seven, I don't know; somewhere in that vicinity. But I would also urge you guys to sit in this time with the Planning director and look at a map, and see -- What do we have left? What is our capacity? What is our -- you know, where are our doughnut holes, if you will? And where do we expect massive developments, and how is that all going to play out? Because I think what you'll see is, there's probably very, very little other SAPs that will be affected by this ordinance. But -- so I just wanted to put those things out there. I would prefer, if you don't mind, that the reso stay as is. You can change it at -- once it becomes an ordinance, and we can debate it and decide -- I mean, I want to think about it, but I'm not opposed to it, off the bat, at all. Like, I mean, I think it's a reasonable request. I just want to think about it, if that's okay. Chair Hardemon: One of the first questions that came to my mind when the SAP was presented, using parkland that was in Commissioner Carollo's district was, is that possible? And that was my first threshold in deciding the way that I decided. And as I -- as was explained to me, a legal -- this is something that is possible; you can do this, this way. And so, I voted the way that I did, because it gave a benefit to his district, which are the people that live in that area that were supporting have it -- that SAP there. And so, most of the SAPs that are underway now are in my district, you know. So when we say, "a finite amount of SAPs," SAPs can -- the way they're presented -- come and go. I mean, it's just a matter of you selling your land, you not selling your land, you aggregate more land, and this, that, or the third. And, certainly, there can be some -- there can be a lot of benefits to having an SAP, and I think one of the -- We know Brickell City Centre had an SAP, right? I think we see how that turned out; much different from when I talked -- when we talked about the Design District's SAP; completely different, but, I mean, that area is beautiful. You think you're on Rodeo Drive; you're in the heart of District 5. And so, what -- I just -- it's one of those things where -- I like making my decisions when I have an opportunity to make them. In a sense, what I'm saying to you is that l want to be able to consider what's before me, and I think this gives you -- gives us an opportunity. This creates a situation where Commissioner Carollo's SAP could not have come into existence, because, upfront, it would not have been considerable, and so, that's the issue that I have. So if there is an SAP that is possible, that there is something that the community would support, I want them to be able to bring that on, and I'm afraid that this would keep us, actually, from doing that, because, I mean, I can imagine -- When I think about, for instance -- it may not be possible, but I think about an area, I think about Manor Park, so -- the Little Haiti Soccer Park, and the avenue that Little Haiti Soccer Park and the properties that are just across from it, I think there are a lot of property owners there that are supportive of the Little Haiti designation, and making that a cultural destination for that area. And so, if an SAP came about that joined Little Haiti Soccer Park and those property owners and -- for instance -- I'm not giving my opinion, but I'm saying, and for instance, the community was supportive of it and it changed the streetscapes and the lighting that goes along with the median - - not with the median that we just approved -- that made this a place to be, because if you said, 'Man, I want to experience things that are authentic to the Little Haiti community, or to Haiti community," and you know -- you went there and you looked around and you saw that Caribbean feel and things of that nature, I mean, that would be something that that type of SAP could allow. But if this is an -- if this is ordinance City of Miami Page 156 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 or this resolution passes, I think that it would keep us from being able to do that, and that's part of what my worry is. Commissioner Gort. Commissioner Gort: Let me tell you what my experience has been in the past, and a lot of things that comes in opposition or favorable is misinformation, and I'm just going to give you one example. I don't speak much, but the one example is the -- You all seen the building on Northwest -- I mean Southwest 22nd Avenue and Dixie Highway, a three-story building that's being modeled right now, 22nd Avenue and on Dixie Highway. There was a application here -- you were here -- the bank wanted to put a drive -through, deposit. It was just one story, and cars come in and they deposit -- you make your deposit. The whole neighborhood came against it. Now they have the building, three-story building with a lot more use than before, and that was because of a lack of knowledge, what was taking place. I'm a great believer that presentations should be made. I mean, a lot of time, we defer items, they go to the community and they talk to the community, but you got to be upfront. You got to give all the information, and the community have to see if it benefits them or not. To me, it's very important, because I see a lot of places where we defer items, people have gotten together, they instructed the developers what they would like to see. The developer looked at it and says, "Hey, that works, that's good, that's going to help both." And this is where we come in, also. Commissioner Suarez: Mr. Chairman. Commissioner Gort: 1 think we are responsible to talk to our people and make sure they were given the right information. Chair Hardemon: You know, and Commissioner Suarez, the one thing that I realize, as well, being here, is that developers -- for instance, if you consider the SAP that is in the Upper Eastside that the City is not a co -applicant in at this moment, and the development is -- say, is a party to this whole thing. If there's -- if they're looking, if they watch what happens on this dais, and they look and they say, "Man, the whole community is against this. I'm going to put $600,000 to continue moving forward." They know that they're taking a risk, because when it gets to this body, we're going to make our decision based on the law, but certainly, our residents and their concerns about whether or not something like this fits the character and integrity of that neighborhood. It's a decision that we get to make, and when people give their testimony about what's happening in that area, you know, we can consider. So, you know, those things, 1 think, if you are a business person, you have to -- you definitely have to consider, you know. You look at the museum -- what museum is that? "C" --? Commissioner Suarez: Ice. Chair Hardemon: Ike -- what's it called? Commissioner Suarez: The Contemporary Arts Museum. Vice Chair Russell: Braman? Chair Hardemon: Yeah, yeah, yeah, the Braman Museum. I mean, you had people come in, saying you want it; you had people come in, saying that we didn't want it. Commissioner Suarez: ICA (Institute of Contemporary Art). Chair Hardemon: ICA, that's what it's -- ICA. You had people come in, say that we want it; people said that we didn't want it. They bought more and more property, and they changed things around that, you know, not everybody agrees with, but they took that risk. They took the risk of starting to build before they had approval from the City of Miami Page 157 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 City Commission, when they were being appealed. I don't know what the result of the appeal is just yet, but 1 just know that they took that calculated business risk. And so, any time someone is an applicant in something like an SAP, they're taking a calculated business risk. Yes. Commissioner Suarez: A hundred percent agree. I agree that -- you know, I'm not saying that they're not taking a risk, certainly. I do agree with something that Commissioner Gort said, and I agree with what you just said. I agree with -- you know, oftentimes, deferrals are healthy, because the -- you know, people get to come together. We just saw it happen in your district not that long ago with the -- I think it was the Presidente that came before us. You know, my issue is, we are living in a city that's growing rapidly. We did a billion dollars of construction last year. We grew 26 percent in property values over the last two years. And what people don't understand, residences, residential communities, is that they're abutting commercial corridors with invisible boxes on top of them, and those invisible boxes are higher than the buildings that currently stand there, and as development continues, those box -- those buildings are going to get demolished, and people are going to build to the extent of those boxes. And so, what's happening is, there's just a significant amount of pushback, because those residents that came there that day, they've seen a one- or two-story building that is -- that American Legion Building. And now, they're looking at a massive development there, in their minds. But that box, that invisible box has always been there. The question is, how does that -- you know, whether that invisible box should be there, to what extent it should be there, and how it should be manipulated, which is what the SAP allows for. But I would just submit, again, that we have a process that we can improve our parks that -- and we've used it before, which is the NRD. We used it in your district, in Wvnwood, which is essentially an SAP, but that was a City -driven SAP; in other words, that was -- I know that there are people looking at it in Overtown. It's the City saying, "We are going to drive the bus on this issue," which creates, I think, a very clear distinction between a private application or a set of private parties coming together -- By the way, nothing -- I don't think there's anything that prohibits more than one private party from coming together to aggregate the nine acres. So you could have other private -- If there really is something that's good for a community, you could have other private parties come together and put together a major development; or the City can say, "Look, we think that this is in the public good and we're going to spearhead this, and this is a City application." And so, I think those are two different concepts, but I would just -- what I would request is passage of the reso, which will bring back an ordinance that we can continue to debate. We'll -- it'll be filled in so you'll know. 1 think it can be amended to include the language that the Vice Chair wanted if he so wants to amend it at that time, after having some time for us to all consider it and talk it over with Francisco; is that okay? Is everyone cool with that? Chair Hardemon: The -- I know that -- Commissioner Suarez: Doesn't prohibit, by the way, anything from happening in your district, do you? At least not until it's -- Chair Hardemon: The way that Francisco explained it as being a tool is important, because tools are dumb; they do what you tell them to do. You pick it up, you take -- a hammer, you know, is a hammer when you look at it, but it doesn't do any work until you actually pick it up and you use it, and you can use a hammer in many different ways. You can use hammers to do some positive things, and you can use hammers to do some very negative things; and, certainly, we've seen different examples of that. And so, I look at this as that same type of thing, because the one thing that I can say, that when you have an SAP -- what Commissioner Suarez said, I mean, is absolutely true. You're looking at someone who has development capacity near something like your home, or something like a park. It's important that we realize that they have the City of Miami Page 158 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 right to go a certain height and things of that nature that they may not be exercising today, because during the time when that building was built, many, many, many years ago, buildings weren't going that high, especially in certain areas. However, when you look at -- For instance, I'm going to use a home instead of a park, because I don't want to give anything -- I don't want to give any indication legally of certain thoughts about things, because I don't have anything before me to consider, so 171 use a home instead. If I have a home or a neighborhood that is bordered -- bordering an area where an SAP is being considered, it's important to know that -- you're the neighbor there -- that person who is on that commercial corridor can go, say -- let's give an example of three or -- three stories. They can go three stories. Now, your home is only one story today, and that person -- that business right next to you is only one story. But an SAP gives you the ability -- or gives the City the ability to say, "Okay, well, let's not go three; let's go two," and that's the important part about -- you know, that I want to be considered, because if we have the ability to calm the effects or prevent a building from being -- from having a harmful effect upon the neighbor, I don't want to lose that ability. And I think that if we use this ordinance the way that it is, what I'm afraid of is that we're going to lose the ability to create a positive effect; not just on the park itself but a positive effect of how that building is built in relation to the park. So -- and I don't want to get too far into it, because I don't want to cause any issues for myself with legal, but that's my biggest worry about it. If we pass this resolution, then we're saying, "Hey, we're creating" -- "we're going to limit the" -- "limit our ability to regulate what is next to what we care about." Yes. Commissioner Suarez: 1 just want to wrap it up. 1 just -- you know, this is a reso to bring an ordinance. I didn't want to bring it as an ordinance, because I figured that they would engender some discussion, and I think we're saying a lot of the same things; we're saying some things differently. And the reason why I brought it as a reso versus just an ordinance was because I figured that everyone would be very -- have some very strong feelings about it. And I also figured that Francisco -- you know, you would all want to sit with Francisco and sort of hash it out and debate it. So I'm just asking that it be passed and then we just continue to debate it. Obviously, you can debate it with Francisco internally, but then debate it publicly when it becomes an ordinance for our consideration. Chair Hardemon: All right. I'll take that as a motion from -- Commissioner Suarez: Yes. Chair Hardemon: -- Commissioner Suarez. Is there a second? Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Suarez: Thank you, guys. City of Miami Page 159 Printed on 3/13/2017 City Commission Meeting Minutes January 26, 2017 NA.2 1726 Office of the City Clerk ADJOURNMENT DISCUSSION ITEM DISCUSSION ON WARRANT APPLICATION 2016-0090: MODIFICATION TO PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT FOR FLAGSTONE ISLAND GARDENS MIXED USE DEVELOPMENT. RESULT: DISCUSSED Vice Chair Russell: While we wait for Chair Hardemon, I did have one pocket discussion item. Mr. Garcia, I had the discussion item on the letter that we had received regarding the Flagstone project, and wanted to know if you could help the Commission go through that. I believe you made an analysis. Was this just for my office, or have you circulated that to the other Commissioners? Francisco Garcia (Senior Director, Planning & Zoning): No, I certainly have copies. I believe we presented you a draft in an attempt to ascertain whether or not we had addressed the issues sufficiently, but I certainly have the ,final draft, which is essentially what you've seen, with minor corrections, ready to distribute at the appropriate time. Vice Chair Russell: Okay. Just for the sake of discussion, and then I'll bring it back once the Commission has had time to go through this. This has to do with Flagstone on Watson Island and the modification of their MUSP (Major Use Special Permit), and if it should be granted. And the warrant that they were seeking was brought to our attention through a letter that was sent to all the Commissioners back in November, I want to say; whether it was a warrant versus an exception. They raised several points. Thank you. And so, I had asked Mr. Garcia for an analysis of that letter back then, which I've received the answer today, which was due to the discussion item that 1 was bringing, but we haven't really had time to parse through it, and certainly, the Commission hasn't had time to digest it. Actually, 1 haven't even seen the final draft yet, so I would invite Mr. Garcia to share that final draft with the rest of the Commission so that we can bring this back. Really, one of the main issues had to do with whether there's a substantial change having to do with -- mostly, the main issue being the square footage of the project, which would -- if being substantial, would elevate it to an exception rather than a warrant process. So, really, that -- other than going through the details at this point, I think we'll wait; let you all digest Mr. Garcia's analysis, and then we'll bring it back. The meeting adjourned at 5:41 p.m. City of Miami Page 160 Printed on 3/13/2017