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HomeMy WebLinkAboutCC 2017-07-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ��...��‘‘qy‘‘ __ �AN Of,'��11 # * INC69P °RATED 1,; 19g96 II. 0 R Meeting Minutes July 13, 2017 9:00 AM Regular 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 July 13, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 13th day of July, 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 9:03 a.m., recessed at 11:55 a.m., reconvened at 2:05 p.m., recessed at 4:13 p.m., reconvened at 4:34 p.m., and adjourned at 4:48 p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9:08 a.m., Vice Chair Russell entered the Commission chambers at 9:22 a.m. and Commissioner Carollo entered the Commission chambers at 9:49 a.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the July 13, 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 Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and I will follow with leading the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. Chair Hardemon: You may have a seat. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 2607 Honoree Presenter Protocol Item Antonio Gonzalez -Sanchez Comm. Suarez Distinguished Citizen Jose L. Barletta Comm. Gort Proclamation Bernie Rosen Mayor Regalado Proclamation Antonio Daniel Castellanos Mayor Regalado Proclamation RESULT: PRESENTED 1) Mayor Regalado and Commissioner Suarez aid tribute to Mr. Antonio Gonzalez - Sanchez, Distinguished Citizen of the City ojMiami. Also known as Antonio Divine by his peers and friends, he has have lived in the Flagami Section of District 4 since 1978 and has been a tireless, compassionate voice for those in need, particularly seniors and disabled citizens. Mr. Gonzalez -Sanchez, an appointee of Commissioner City of Miami Page 1 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Suarez, to the Senior Citizens' Advisory Board, and has recently been named Chairman of the Board, has become the link between many of the City of Miami constituents and the elected governance. Elected officials paused in their deliberation to pay tribute to him. 2) Mayor Regalado and Commissioner Gort presented a Proclamation to Mr. Jose L. Barletta, who has played a key role in the development of commercial relations between Latin America and the South Florida community and, in so doing, has made significant contributions to the economic growth and prosperity of the City of Miami. Mr. Barletta, ex Vice -President of the Argentine -American Chamber of Commerce, organized highly successful commercial missions to different Latin American countries in addition to being an eminent lecturer on international investments, real estate and migration issues (EB-5) and has worked closely with the elected leadership of the City of Miami in promoting trade to and from our community. Elected Officials proclaimed Thursday, July 13, 2017, as "Jose L. Barletta Day." 3) Mayor Regalado and Commissioners presented a Proclamation to Mr. Bernie Rosen, who has served the City of Miami and South Florida community for sixty-five (65) years, bringing its residents news and information while working at local television station WTVJ. Mr. Rosen was one of the great pioneers in the television industry and helped launch Florida's first television station based in Miami and has become one of the most well-known people in our community, befriending and providing guidance through the years to not just sports figures, but business people and community leaders alike. For the occasion of Bernie Rosen's birthday and in recognition of his invaluable contributions to the South Florida community, Elected Officials proclaimed Sunday, July 16, 2017as "Bernie Rosen Day." 4) Mayor Regalado and Commissioners presented a Proclamation to Mr. Antonio Daniel Castellanos', who has repeatedly demonstrated a spirit of community engagement and compassionate social action. He continues to inspire his peers and is a source of pride for family, friends and school; and rose up the ranks as a respected member of Boy Scout Troop 575 at Saints Peter and Paul Catholic Church in the past eight (8) years. Mr. Castellanos was awarded the highest rank of Eagle Scout, an honor attained by less than 2% of scouts, and has received commendations from the President of the United States, the Governor of the State of Florida and many other elected officials, including Congresswoman Ileana Ros-Lehtinen, who presented him with the U.S. flag flown over the Capitol on the day Antonio became an Eagle Scout. He has founded several projects to help the community including the construction of a basketball court and facility to provide outdoor recreation to the underprivileged boys and girls of "His House, " a foster home and adoption center for abused and abandoned children, and is currently Vice -President of Christopher Columbus News Network (CCNN), Elected Officials paused in their deliberations and proclaimed Thursday, July 13, 2017 as "Antonio Daniel Castellanos Day." Chair Hardemon: We will now begin our presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - May 11, 2017 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: Is there a motion to approve the regular meeting minutes of May 11, 2017? City of Miami Page 2 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MV - MAYORAL VETOES ORDER OF THE DAY Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion on it? All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. NO MAYORAL VETOES Chair Hardemon: Now, what I'll do -- Well, first of all, Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETOES Chair Hardemon: We will now begin the regular meeting. Madam City Attorney, will you state the procedures to be followed during this meeting? Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A copy -- 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 this Code section is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman may 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 -- may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any City of Miami Page 3 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 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 chambers; please silence those now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or their remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may 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 agenda, 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 1 Alfonso (City Manager): Thank you, Mr. Chairman. Good morning, Commissioners. At this time, we have no deferrals or withdrawals. When we do come up to the item on the Hyatt, though, we will have to have some clarification and direction. Later... Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Carollo: I'd like to request a deferral for -- on half this agenda; but anyways, I'm just going to ask addition -- the deferral on only one item, which is PH.2, and only to the next meeting. Chair Hardemon: Will PH.2 also include CA.1? Commissioner Carollo: I don't have an issue with CA.1. PH.2, I think I just want to go over some things. And so, I don't have the issue with CA.1 -- Commissioner Suarez: Second. Commissioner Carollo: -- which is with the State. PH.2 then is the sublease agreement. So that's my motion; for deferral to the next meeting. Chair Hardemon: Is there any other item that any other Commissioners want to defer or withdraw? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I'm sorry. And there's an item that I do not want to defer; I just want to table to the afternoon, and if you give me a second, it is RE.9. RE.9, if we could table that to the afternoon. City of Miami Page 4 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: All right. But there is a motion to defer and take -- defer PH.2; table RE.9 to the afternoon, and it was seconded by Commissioner Suarez. Is there any further unreadiness about that? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion passes. Commissioner Carollo: Thank you. City of Miami Page 5 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 2483 DANNY SUAREZ TO ADDRESS THE COMMISSION REGARDING THE RELEASING OF HIS INFORMATION TO THE PUBLIC MEDIA, WHICH INCLUDED HIS SOCIAL SECURITY NUMBER, BY THE MIAMI POLICE DEPARTMENT, AND REQUESTING THAT AN INTERNAL INVESTIGATION BE LAUNCHED AS TO WHY HIS SOCIAL SECURITY NUMBER, AND OTHER PROTECTED INFORMATION, WAS RELEASED AND WHY PROCEDURE WAS NOT FOLLOWED REFERENCE F.S. 119. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item PA.1, please see "Public Comment Period for Regular Item(s) " and item PA.2. Chair Hardemon: Mr. Clerk, I want the record to reflect that PA.1 was -- is withdrawn, because, I mean, I called for the presentation; never made an appearance throughout the duration of the meeting, so I'm going to withdraw it from the agenda. Todd B. Hannon (City Clerk): I would prefer a motion to withdraw from the agenda. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Hardemon: Any further unreadiness? Anyone against? Vice Chair Russell: Sony; what are we withdrawing? Chair Hardemon: We're withdrawing the PA.1. Commissioner Suarez: Person didn't show up. Yeah. We're good? We got to vote. Chair Hardemon: Seeing no objection, motion shall carry. City of Miami Page 6 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PA.2 PERSONAL APPEARANCE 2488 PRESENTATION BY TONY NEWELL ON BEHALF OF CITY GRADER REGARDING A NEW ONLINE PLATFORM FOR REVIEWING MUNICIPAL GOVERNMENTS. RESULT: PRESENTED Note for the Record: For additional minutes referencing item PA.2, please see item NA.1. Chair Hardemon: I'll go to our Personal Appearance Agenda. We have a personal appearance, PA.1, of Mr. Danny Suarez. Is Mr. Suarez in attendance? I'll move on to PA.2, personal appearance of Mr. Tony Newell. You're recognized, sir. You'll have five minutes to address this body. Tony Newell: Thank you. I think we're getting set up here real quick. I'll start as soon as we're ready to go. Okay. Good morning, Commissioners. I appreciate the opportunity to appear before you. I'm Tony Newell. I'm with a company called Citygrader, and we host a website called Citvgrader.com. This is Paola Newell, a co-founder and Anthony King; they're here with me. I want to, of course, thank you for the opportunity to be here. 1 want to thank in particular Commissioner Suarez, who's sort of been the impetus behind our appearance here today. We approached the Commissioner about this some time ago, and he was very enthusiastic about what we have. And I think that, you know, you speak a lot about, you know, transparency, accountability, public engagement. And by us being here, I think it's proof that you don't just talk the talk, you walk the walk, so I want to thank you personally for that. On that note, Citygrader. Citygrader is a website. You'll see a little intro here and some language. In a nutshell, Citygrader is a review site that just focuses exclusively on local government. So what we do is, we invite the public to give feedback on their experiences with cities, counties, and towns, which can be the city, as a whole; it could be a department within the city; or it can be an employee, who works for that city. To put it another way, we're essentially Yelp. But instead of focusing on hotels and restaurants, we focus on local government. What you'd see on Yelp is, someone would say, "Hey, you know, we need faster service at this restaurant." What you'll see on Citygrader is, "This County needs better traffic light coordination." Or in Yelp, you'll see, "Hey, this hotel has the best room service there is." You'll see, "Hey, this City has the best garbage collection." No one's doing this; no one has done this. There are a lot of review sites, but none, for whatever reason, that focus on local government. We are not a "me, too" company. We are not somebody who just took someone else's model and applying it to this. This is, we think, unquestionably unique. And we think once you get to see the site and how it works, you'll understand. And it's particularly important when it comes to, I think, accountability and transparency, which everyone knows it's not what it should he in the public sector. So I will take you through some slides real quick to give you an idea of how Citygrader works. Right now, so you know, we are in a live beta, we have given the site to some select stakeholders in the City to use a test for us. We plan to go live very soon, probably in the month of August. So this is actually, how the site looks right now. You would log on, just like you would for Yelp. You see a normal slash page. What you'd be able to do is, you'd be able to sign up, up top, which we already are signed up as "Juan Perez"; and you'll see a search bar, just like Yelp. And what you would do is, you would click on either a municipality or public employee, as a category. If you want to search for a public employee, you enter "Miami, Florida"; "Miami, Florida" will come up, and then City of Miami Page 7 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 every single employee in your city is in that database, everyone. So I was just hanging out with Andres, Commissioner Suarez' assistant. I gave him an "A, "just to test the -- he's been very kind. So everyone's in there. You click on them and it'll take you to their page. You can do the same thing with just a city, itself So if I want to search a city, I say, "County, municipality"; and, boom, 1 click on "Miami, Florida," and it'll take you to Miami's page. So this is what the beta site looks like on Miami's page. You see "Miami, Florida," and you'll see a bunch of categories -- "safety, schools, cleanliness, entertainment and culture," et cetera -- and you'll see grades next to those categories, and you'll see -- let's go back one real quick -- also a main grade up top. That grade is a junction of all these other grades you get. And you see down on the bottom here, you have department grades and employee grades. Those are the grades that went to your employees. So ifI want to grade the City of Miami, press "grade me." And then I have all these bars next to the categories. I select a grade for each category. I have the ability to upload photos. IfI see a fallen tree that hasn't been addressed or something, I can upload a photo there. I can up -- I can link a video, as well, and then I get to write a review. Underneath our review, you'll also see a bar that says, "Please provide additional information." We're very serious about making sure that these reviews are legitimate, they're kosher, they're not somebody just spouting off, so we ask that people provide some background information, and then it'll go to our moderators. Once the review is posted, it goes back to the page, and you'll see a grade. So the Mayor's Office right now has a "B. " Don't take that personally; its just -- those are just test grades. City Administration, "C," et cetera, et cetera. So underneath, what you saw -- I'm sorry, go back one more -- is the review underneath. So Juan P. submitted a review, and his grade is there. So when it comes to the City, we ask you guys to be what is called a public partner. Public partner says, "Hey, we're going to commit to using this site, to monitoring the site, to provide greater transparency, accountability, and public engagement." This is the oath you would take. So if you were to sign up as the City of Miami, your social media person would see this oath. They would say, "I agree," and then you're done; you're signed up. It's completely free to Miami. So I want to move to -- next slide -- why we're going to use Citygrader. So I think, obviously, this question is sort of self-evident. Any time a city like Miami has the ability to improve communication with its residents, to increase transparency and accountability, not only should a city seize on this, I think it absolutely must. I think, frankly, it is a city's obligation to the public to always attempt to increase accountability and engagement when possible. But beyond that, beyond demonstrating your commitment to those qualities, we really think this is going to be a boon for cities. You're going to be provided with a trove of mineable information. You're going to have thousands at some point -- probably tens of thousands of reviews that are focused on your city that you can go in and your social media person, whoever you designated -- even yourselves with your own profiles -- go in and mine this data, and look. for any specific piece of information. To give you an example of how this works, this -- New York City right now is using Yelp for this. New York City goes to Yelp. They've written algorithms that search Yelp reviews for any sort of safety hazards in restaurants. So, you know, they -- their algorithm that they type in may be "rat" or, you know, "cockroach," and if a restaurant's getting an, you know, inordinate number of reviews that have these terms in it, they send a health inspector out to those restaurants. Well, with Citygrader, you're going to have more targeted reviews, because these are people actually commenting on the City itself. So we think this is going to be, actually, a very, very useful tool for cities, counties, and towns to use jor the purposes of improving your city. The increased quality of public service is -- obviously, I think, goes hand in hand with this. We're in the construction business. Anthony is an attorney. We deal with building departments all the time. This is how this idea came about for us. Oftentimes, when you deal with bureaucracies, you're dealing with somebody who isn't maybe the most polite or the most helpful, and we have found there's almost no way to hold that person accountable. So now you have a way. This is public. This is out there for the world City of Miami Page 8 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 to see. If someone is not providing the proper level of services, now you can lodge a complaint. At the same time -- On the way over here, Paola and I were driving, and we saw a City of Miami police officer pull behind a person with a flat tire on 32nd Avenue, right there by the Home Depot, on U.S.1., because it's a very busy intersection with people merging, and it was dangerous. So the police officer pulled behind him and stopped to help him; he put his lights on. That police officer should be commended. That police officer should get a shout out from somebody. That person who had the flat tire should be able to go on Citygrader and say, "Thank you, Officer" -- whoever -- 'for your great service, and for helping me out." And we think that this site is obviously going to provide a lot of positive feedback, as well. So 1 want to keep it short, get to the point. What are we asking of you? Not much. All we're asking the City of Miami to do is to basically sign up for the site, like you would with a Twitter account or a Facebook account. It's absolutely free. It'll take you 60 seconds, and that's it; that's all you need to do. Commissioner Suarez: Mr. Chair. Mr. Newell: You take the oath and commit to using it, to monitoring it. This isn't a piece of software that we -- you know, we're not selling a platform that we license to you for a million bucks a year and you have to incorporate it into your system. This is a public -facing website. It's going to exist whether -- You can do -- You can tell us to go away and never want to hear from us again. But in August, Miami will be live. You will be graded; your city will be graded; your employees will be graded. So what we're asking you to do is go ahead and sign up so you now have the ability to give feedback, to respond to reviews, to respond to us; tell us,, "Hey, look, we don't agree with this review. We think it's not legitimate," et cetera, et cetera, et cetera, and you have this ability. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yes. Thank you. Mr. Newell: Sure, sure. Commissioner Suarez: I thought it was a magnificent presentation. I think that, as you mentioned in your presentation, the level of accountability that your website provides, it's coming, whether we like it or not. And I think, you know, it should be a challenge that we embrace, honestly, as a government. I mean, every single employee should see this as an opportunity to get an "A." And I think sites like Yelp and other sites, which are review sites, which provide feedback that people rely on are important. I think it could be a tool for us internally, to understand and better gauge where we're doing well and where we're falling short. END OF PERSONAL APPEARANCES City of Miami Page 9 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: So at this time, what I'll do is I'll open up the public comments section, so if you're here on any agenda in the morning -- so the CA (Consent Agenda) Agenda, PH (Public Hearing) Agenda, SR (Second Reading), FR (First Reading), RE (Resolution) Agenda, this is your opportunity to speak. If you're here to speak on any of those items, please approach any of the lecterns. State your name, and you may state your address, and what item it is that you're here to speak about. You're recognized, sir. Horacio Stuart Aguirre: Good morning, Mr. Chairman. Horacio Stuart Aguirre, as chairman of the Miami River Commission. As pertaining to CA.1, this matter came before the Miami River Commission. It was thoroughly discussed in the course of two meetings, and it has the full and enthusiastic support of the Miami River Commission. The present usage of this property right now underneath the bridge is rather deplorable, and this is a substantial improvement to the area, and it has our wholehearted support. Thank you. Jodi Finver: Hi. Good morning. Jodi Finver, 1654 Tigertail Avenue. I am here not just to support RE.15, so the co-ops -- thank you to fellow co-op member Commissioner Russell -- but I'm here to invite all of you at the dais to join our solar co-op. I'm here to invite every single single-family homeowner that's here in chambers and watching at home or at work to join our solar co-op. If you live in the City of Miami and own a home with a nice, sunny roof put it to work. Put the sunshine to work in the Sunshine State. You'll not only save on your electric bill -- we pay $9.42 a month -- you'll be doing your part to save the planet, and you'll be saving up to 20 percent on your installation. Combined with a 30 percent Federal tax credit, that's a savings of up to 50 percent, going solar. So if you oppose the high voltage transmission lines that would have run along U.S.1, along a multi -million - dollar bike path, multi -million -dollar condos, and multi -million -dollar offices, join the co-op. If you want to protect our drinking water from fracked gas pipelines, join the co-op. If you want to protect our base from radioactive isotopes leaking from power plant cooling canals, join the co-op. If you opposed the withdrawal from the Paris Agreement, shout it from your rooftop with solar panels. It's the protest seen around the world, thanks to Google Satellite images. If you want to tell FPL (Florida Power & Light) to take their 811-million-dollar rate hike and stick it where the sun shines, join the co-op. If you want to charge your electric car for a penny a mile, join the co-op. Or if you simply, want to lower your electric bill and increase the resale value of your home, join the co-op. Visit flsun. org, find the Central Miami North Co -Op, and sign up. There is no cost to join the co-op. There is no obligation to go solar through the co-op, but it's only open to members through August 25. So sign up and make kilowatt hours while the sun shines. Unidentified Speaker: Can you state the address again? Chair Hardemon: Sorry. Can you state your website --? Ms. Finver: Fisun.org. It's on the T-shirts. These co-ops were brought here by the Green Corridor. You are a member of'the Green Corridor. Chair Hardemon: Thank you very much. Vice Chair Russell: I've signed up, gentlemen; just saying. City of Miami Page 10 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Maggie Fernandez: Okay. Good morning. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. First, I want to say congratulations to the Manager and the Mayor on your proposed budget. I look, forward to digging into it. I'm here to speak in favor of RE.15, so thank you so much. We look forward to your support on solar. But equally as important as mitigation efforts of solar are our adaptation efforts. Every day -- it's exhausting -- there's a new article, which is not fake news, about Miami drowning, so 1 urge you to allow the voters to vote on the GO (General Obligation) Bond Program. 1 know it's not an item today, but I'm still going to encourage you to vote for it. Hopefully, if that's approved, then we could start funding some of those infrastructure projects that we need to move forward on in order to start addressing sea level rise. So that's it. Oh, I also encourage you, along with that website that made a presentation today -- or comment -- we need more civics training. That's it. Thankyou. Bye. ChairHardemon: Thankyou, ma'am. You're recognized, ma'am. Sharon Van Smith: Hello. My name is Sharon Van Smith. I -- born and bred here in Miami; grew up in Coconut Grove; went to your Peacock Park. Today, I live out in West Kendall. My address is 11600 Southwest 131 st Avenue. I'm here to speak to you as a representative from Rise Up Florida, a civic engagement group of approximately 600 people, made up of residents of Miami, Coral Gables, and South Miami, predominantly, with a few of us who drive in for their meetings in Coral Gables every month. I'm also here to recommend that you vote favorably on the resolution, for working with Florida Sun; also, on behalf of the Sierra Club that I'm a member of that is housed right down the street here. And I personally think that Florida Sun is so important, because it gives the individual homeowner a chance to make a difference. We ask a lot of you guys and women on our City Government. We ask you to take leadership, which City of Miami has been fantastic with their Sea Level Rise Committee doing that. I've attended some of your meetings. But we also need to ask individuals to step up and help in this renewable clean energy solution to some of the problems we're facing with sea level rise, and this is a chance for you guys to empower your citizens to do that with your sponsorship, so we really would like to see you do that. It makes it affordable for people, there's finance plans, there's lots of options; it's no longer just for the rich. So this is an environmental justice issue, also. Thankyou so much. Chair Hardemon: Thank you, ma'am. You're recognized, sir. Simon Rose: Thank you. And good morning, everyone. Simon Rose, 1654 Tigertail Avenue. I know Jodi is a hard act to follow, so I'll just make this very brief I'm here to urge your support for the resolution for nominal support of FL SUN's initiative to bring affordable solar -- rooftop solar to citizens of Miami. This resolution is very much consistent with Miami being part of the green corridor; it's also consistent with the City of Miami waiving solar permitting fees; it is also consistent with the City of Miami expediting solar permitting -- the whole process of solar permits. And more importantly, it is consistent with the countywide initiative to support FL SUN's solar co-op initiative. So, again, I appreciate your support. Thank you very much. Renita Holmes: Good morning, Commissioner. Madam Holmes, for the record; executive director, Wave of Women. I'd like to thank that wonderful lady. It's really important to me, because there's always a good side and there's always a divide. I'd like to talk about how green building affects those of us who are not necessarily middle income or high income, or homeowners that are not -- involvement and inclusion. I'd like to concurrently raise the awareness of the gap in workforce when it comes to urban planning and the illusion that all of us simply do construction. I'd like to talk about the number of -- from this agenda, CA.1 and PA.1 [sic], how they collectively affect me as a taxpayer and in my neighborhood, where we hardly ever City of Miami Page 11 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 hear about green. And I'd like to pronounce to the world that we are actually one of those pilot programs originally coming out of the Martin Luther King Economic Development Corporation, a green corridor. I'd like to share with you, and it's my concern that you be in sync with the recent funds that came from HUD (Department of Housing and Urban Development) for those inner city homeowners that they're now doing the weatherization. It would be nice if we could just collectively do things. 1 hear mention about the MPO (Metropolitan Planning Organization) and so forth and so on. 1 hired a lot of men that were homeless, and trained them; a lot of boys out of Juvenile, and trained them. It's a signature program. And we have another signature program coming, because we actually at the Women's Association Alliance -- well, WOW (Wave of Women) and Our Homes, Business and Property are addressing that divide; myself currently preparing for tests for LEED (Leadership in Energy and Environmental Design) certification. When we talk about the divide and environmental justice, it is normally between communities such as mine, such as Overtown, and those such as Coral Gables. We love solar power; we are homeowners; we love building; we love doing weatherization, and women do more than just work on the inside of a house. Thus, Our Homes was created in public housing. I'd like to thank you for CA.2; it's wonderful I'd like to ask, what are you going to do about persons such as these subcontractors, such as myself, who are disabled and can't quite meet the gap? We've met with others. And like I said, being a formerly homeless person, you would not think that I would go from the street to the diases [sic] and all raw advocacy, and understanding systematically how we participate in the growth of a city to actually now coming before you and presenting a opportunity to hire more persons, such as myself. I thankyou again for CA.2. Commissioner Russell, I'm looking forward to addressing that lady, and I wanted her to know that I've spoken with some of you -- the others of you. But like I said, there are pilot programs that just don't reach down. There are those that have not been supported with the proper resources and workforce, because it seems to be a stereotype about how green women can be, and just how green black women aren't. Thank you so much. Chair Hardemon: Sir, you're recognized. Peter Ehrlich: Good morning, Mr. Chair and Commissioners. Peter Ehrlich, 720 Northeast 69th Street. I'm here on -- quickly, on two items. FR.1, which is the item dealing with billboards in the Design District, I'd like to speak after the City presents in case there's some new information that hasn't been presented to the public or put on the record. Chair Hardemon: There probably won't be, but -- so I suggest you start now, because I don't think there's going to be any new information. Mr. Ehrlich: Is that right? Chair Hardemon: That's what I think; if there is, then I'll be sure to call you. Mr. Ehrlich: In that case, I can speak on FR.1 now. Chair Hardemon: Okay. Mr. Ehrlich: I support any effort to reduce billboards and mural ads from harassing residents and tourists. I'm recommending that you pass the legislation to ban mural ads in the Design District, specifying that in Exhibit "B" in your item that it includes all properties north of I-95, all properties in the Design District, and that there aren't any carve -outs for anybody that hasn't put up a billboard already at this time. Vice Chair Russell: 195. City of Miami Page 12 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Ehrlich: 195; 1-195. Chair Hardemon: It happens to me all the time. Mr. Ehrlich: What did 1 say? Vice Chair Russell: You said, "1-95." Mr. Ehrlich: Oh. Sorry. Vice Chair Russell: North of I-95, that's New York. Mr. Ehrlich: Thank you very much. Thank you for listening. Vice Chair Russell: He's checking us. All right. Mr. Ehrlich: And the -- Commissioner Gort: I'm going to let it go, and I think (UNINTELLIGIBLE). Mr. Ehrlich: Big difference. Also, under Section 3 in the legislation, I would ask that whoever makes the motion to please change the vesting period from 10 years to one year. Currently, in the Mural Ad Ordinance, there is no vesting. If you decide that billboards need to come down off buildings, they come down immediately. So I would ask you to change that from 10 years to one, where zero vesting is currently in the legislation. And then very, very quickly, on July 28 is the birthday party for the City of Miami. I think it's the lllth birthday of this -- incorporation of the City of Miami, and the Mayor's Office and Mayor Tomas Regalado is having the event at Lemon City Branch Library, on 61st Street and 4th Court, at noon on July 28, and there'll be some -- six markers that he's arranged, commemorating history, Lemon City history that'll be distributed and installed around the Lemon City area. So I hope you all attend. Thank you very much. Chair Hardemon: You're recognized, ma'am. Johanna Brown: Hi. Good morning. My name is Johanna Brown. I live at 4360 Ingraham Highway, and I -- my comments are more questions about RE.5, 6, and 7, the leases that are coming up on the -- or being recommended of going about in November. Most of the attachments on the government website are the terms of the leases. Is -- Will the public be provided with any more information regarding the -- I don't -- I see references to feasibility studies by CBRE (Commerical Real Estate and Appraisal Services), and basically, what the proposed developments will bring in, in revenue, et cetera, et cetera, while the future payments are based on percentages of revenue coming in, and how does the public -- How are we able to judge the -- you know -- the appropriateness of the percentage, et cetera? Is there any other information? Commissioner Suarez: Great question. M. Brown: Anyone? Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. City of Miami Page 13 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Thank you, Johanna. Thank you for watching closely; and we are, as well. All these will be contingent on proper appraisals and projections to move forward. At this point, we're going to be looking at these items today, and then on the second meeting of July, as this is the absolute last opportunity before they cannot make it on the ballot for this November. Ms. Brown: Right. Vice Chair Russell: But there will be a big public outreach, obviously, from the applicants for these items, but I'm -- I'll be interested in directing the City management to also create a budget of -- for some communication regarding the ballot items; not just the initiatives, like the bond that we're putting forth -- Ms. Brown: Right. Vice Chair Russell: -- but I believe the City also has some obligation to do some explaining on these items further to the public before November. Ms. Brown: Yeah. It would be helpful. It's hard to judge whether, you know, this is fair market value or, you know, this is really good for the City as a whole. We ran into this whole problem with -- Commissioner Suarez: Yeah. It's impossible to -- Ms. Brown: -- Flagstone, and I'd hate to have to go through that again -- Vice Chair Russell: Of course. Ms. Brown: -- to find out that, really, it was not a great deal. So if -- yeah, any information that could -- you know, more transparency is better and more eyeballs on it is always better. There's a lot of intelligent people who could look at it and -- Vice Chair Russell: Yeah. Ms. Brown: -- you know, more intelligent than me, probably. But -- Vice Chair Russell: In fact, I'll move that we direct the City Manager to prepare something for the next meeting this month that can be a plan of communication for the public from the City with regard to all ballot initiatives that get placed on the ballot, to increase public awareness, engagement, questions, everything; transparency. Ms. Brown: Great. That would be wonderful. That would be certainly helpful before November. Commissioner Suarez: I would just caution to not put the cart before the horse, because I think before we, you know, decide to, you know, spend money on public engagement and all, we have to make sure that, as you said, we -- I haven't seen one appraisal on any of these deals, as you have. I have not -- I mean, as you have not, I have not, also. Ms. Brown: Okay. Commissioner Suarez: So I think before we even decide to engage in a public campaign for something we don't even know that we're going to approve -- Ms. Brown: Right. City of Miami Page 14 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: -- I think, you know, we got to -- that's my -- that's just -- When we get there, well get there. We can flush it out. Vice Chair Russell: Fair enough. Withdrawn. Commissioner Suarez: Okay. Ms. Brown. Okay. Thank you. And I support RE.15 on the solar; that's great. Thank you. Mike Siegal: Good morning. My name is Mike Siegal. My family is the owner of 100 Northeast 38th Street. This property's been in my family for 30 years. And I've provided the City Clerk with a short handout, which you gentlemen should have. We're here to support Resolution FR.1, which recommends that murals not be allowed in the Special Area Plan of the Design District. Our property is south of but not in the Special Area Plan. The PZAB (Planning, Zoning & Appeals Board) recommended in April of 2017 to revise Exhibit "B," allowing our property at 100 Northeast 38th Street to maintain its mural rights. There are only two properties south of the Special Area Plan, but north of 195 that meet the criteria where they could have a mural permit. These are the two purple carve -outs that are on the handout. One of the carve -outs, 3704 Northeast 2nd, has an existing permit. My property, which is on the same side of the street, 350 -- 300 feet away, and not in the Special Area Plan, did have a mural permit issued back in January in 2015. Because of this proposed resolution, which has been going on for well over a year, the permit holder moved that permit to another location in the City. We would appreciate being treated the same as other property hold -- properly owners in similar circumstances, and that the Commission votes for the approval of this resolution, with the PZAB recommendations, as shown in the agenda. Thankyou. Chair Hardemon: Thankyou. Olga Granda: Good morning. Olga Granda, 3444 Main Highway. Fin the executive director of the Coconut Grove Playhouse Foundation. I'm here to support RE.15 clean -- RE.15's clean energy initiatives that are also about economic impact and opportunities that create jobs in our community. Similarly, I encourage you to continue the discussions for the GO bond, which are also about investing in the future of Miami and sustainable development, and preservation of our City. Thank you. Chair Hardemon: You're recognized, sir. Miguel Soliman: Good morning. Thank you very much, Mr. Chairman. My name is Miguel Soliman. I reside at 1436 Southwest 6th Street. I'm here to speak about the situation we have on Flagler; I have in the past. I'm a member of the PAG, the group that -- it's a Project Advisory Group for the project that's going to be coming on Southwest 8th Street with FDOT (Florida Department of Transportation), and about a year and a half we went up to Tallahassee; spoke with Senator Jose -- well, at the time -- I'm sorry -- Miguel Diaz de la Portilla, and also Representative David Richardson, about creating this advisory group. We were successful. We've been meeting for many months, discussing 8th Street, and truing to avoid the situation that we have on Flagler. And we've also gotten Secretary Wolfe to come into the meetings in the last two meetings, and as a result, we are now going to be having a meeting on July 20, and I would like to invite all -- everyone here to that meeting with Representative David Richardson, Secretary Wolfe, at CAMACOL (Latin Chamber of Commerce), at 1401 West Flagler Street. There, we hope to have some accountability or some idea of what's happening on Flagler and perhaps -- although City of Miami Page 15 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 we were not able to create that Project Advisory Group for Flagler, because it was too late -- but perhaps this group for 8th Street can help push along Flagler. So I'm just here simply inviting everyone to please participate. It's going to be at CAMACOL, 1401 West Flagler, July 20, from 6 to 8. Thank you very much. Marissa Amuial: Good morning. Marissa Amuial with Akerman. Our offices are at 98 Southeast 7th Street. We represent the Miami Design District Associates and their associated entities. We are here on behalf -- for item FR.1, in favor of the proposed boundaries, as you have in your materials for Exhibit "B," and would oppose any further carve -outs of that area. MDDA (Miami Design District Associates) is the property owner most impacted here, and the largest stakeholder in the area. We have spent hundreds of millions of dollars designing, creating a beautiful, high quality, low -intensity neighborhood, with unique public art, open spaces, and civic spaces, which is a true asset to the City. Commercialization is to the detriment of the greater community, and the objective is to limit commercialization, preserve the aesthetics of the community and the neighborhood and the uniformity, and basically maintaining that unique appearance and beauty of the neighborhood. We're in support of the proposed legislation, Exhibit "B," but we're against the condition that was recommended by PZAB. It's not about the SAP (Special Area Plan) boundaries -- we have our own limitations -- but it's about the collective Design District. There are other properties that will be impacted north of 195 that are not within the SAP, but it's really about maintaining the appearance. If we carve out, carve out, carve out, continue to carve out, there's really no point in this legislation any -- and so, we would ask that you support FR.1, as currently in your backup material., the map that you have before you as Exhibit "B." Thank you. Chair Hardemon: You're recognized, sir. Luis Martinez: Thank you. Good morning, Commissioners. My name is Luis F. Martinez. I actually live in 3211 Southwest 18th Street. I'm here representing Start 'Em Up, which is a nonprofit initiative. It's actually PH.4 on the agenda. Commissioners, in each one of your districts, there are literally thousands of students between the ages of 10 and 15, who are falling way behind. The primary reason that they're falling way behind is financial disadvantage. That financial disadvantage is keeping a lot of these students from one specific topic. That topic is believing in themselves, being capable of becoming technologists, inventors, engineers, and all of these things that are going to be necessary for a very unpredictable future. What I'd like to do in the next brief minute is briefly go through the last year of what Start 'Em Up has accomplished in the Shenandoah community. Our program is measured on three specific metrics. Those metrics are: How many students between the ages of 10 and 15, and their families do we expose to this world and to this possibility? Over the past year, we've got approximately 1,000 City of Miami community members who have been exposed. The next metric that we are measured on is engagement. How many of these students can we convert to being engaged on this topic? Over the past year, we have 600, using our online platform; 600 students between the ages of 10 and 15, who have jumped onto our platform and could become continuous learners in this field. And the last metric that we use is really performance. Performance can be looked at in a lot of different ways. The way that we look at it is, we're in partnership with Miami -Dade County Public Schools. We work specifically -- right now, our model is built in Shenandoah Middle School. We're going to be extending our model to other schools throughout the Citv of Miami and in the parks. But our performance is -- Students that have actually gone through the Start 'Em Up Program were correlated to out perfbrrn their peers in science by 10 full points. So with that and on those three metrics, we've really blown out our -- sort of expectations for the last year. We really encourage you not only to support our initiative, but to consider it for your own districts. It is something that is a real possibility for children who are severely City of Miami Page 16 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 disadvantaged from a financial standpoint, but can not only change their lives, but potentially change their communities and improve their communities, as well. Thank you for the consideration. Chair Hardemon: Thank you, sir. Madam. Brenda Betancourt: Good morning. Chair Hardemon: Good morning. Commissioner Suarez: Shot down. Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just -- FR.1, the questions of this board, we still thinking about it. I just want to support what he said. Instead of be doing 10 years, one year. It will be better if it's zero, but one, I guess we all can live with it. Supporting FR.2, I think that's very important to people, about Code violations when they pull up the permit. Remember, guys, if you have a Code violation, citation, or if in your property you go pull up a permit, it doesn't -- the person who is giving you a permit is not going to know about this, because the system -- unless you go look for it, you're not going to be able to see it. And we hear a lot of complaints about people that they're trying to do -- they do the permit, but then you still having a violation, even though you're trying to work on it. And unfortunately, the City take a little bit longer than weeks. And sometimes, we give them 30 days, and it's not enough. So that's -- I think FR.2 is going to help to coordinate a lot of those violations and in our -- a lot of seniors. Remember, we have a lot of seniors in our City, that sometimes, they cannot pull up the permit right away in order for them to fix these violations. And I wanted just to shout out to our director, Kevin (UNINTELLIGIBLE). We did have an event on this past weekend with the Children Trust and six different nonprofit organizations in Little Havana, and it was amazing. And I think this is something that we can keep going in the City. It would be great to help, as they did. The guys from the park was amazing. There were over 600 kids. And let me tell you, I like kids, but when you have so many, it's not that simple. And I want to thank the -- for the Budget director, who's having now at the 24th -- on the NET (Neighborhood Enhancement Team) Office, we're having our budget hearing and public engagement. I think it's so important that we all need to participate, so when something doesn't happen, we don't complain, because if you don't come and you speak and you know about it, you can't say nothing else after that. Thank you. Chair Hardemon: Thank you. Seeing no other person here for public comment, I'll close the public comment section. CA - CONSENT AGENDA The following item(s) were Adopted on the Consent Agenda City of Miami Page 17 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 2275 DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT ("NEW LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI ("CITY") FOR THE PREMISES LOCATED UNDERNEATH THE NORTHWEST 12TH AVENUE BRIDGE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE NEW LEASE ("PROPERTY"), FOR A TERM OF TEN (10) YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEARS, AND PROVIDING FDOT'S APPROVAL FOR THE CITY'S SUBLEASE OF THE PROPERTY TO NKMIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR USE OF THE PROPERTY FOR PARKING PURPOSES, WHICH TERMS MAY BE MODIFIED BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO MEET THE BEST INTEREST OF THE CITY. ENACTMENT NUMBER: R-17-0331 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing item CA.1, please see "Order of the Day," "Public Comment Period for Regular Item(s), " and "End of Consent Agenda." CA.2 RESOLUTION 2384 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A TWO (2) YEAR EXTENSION OF THE LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM, AS SPECIFIED IN "EXHIBIT A (REVISED)," ATTACHED AND INCORPORATED, EFFECTIVE SEPTEMBER 1, 2017 THROUGH AUGUST 31, 2019, TO PROVIDE AN OPPORTUNITY FOR DISABLED VETERANS TO BE EMPLOYED THROUGH CITY OF MIAMI CONTRACTS TO PERFORM SERVICES THROUGH THE ESTABLISHMENT OF A WORKFORCE MINIMUM PERCENTAGE GOAL REQUIREMENT FOR THE HIRING OF LOCAL DISABLED VETERANS. ENACTMENT NUMBER: R-17-0332 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. City of Miami Page 18 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Note for the Record: For minutes referencing item CA.2, please see "Public Comment Period for Regular Items)" and "End of Consent Agenda." CA.3 RESOLUTION 2425 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED HEREIN, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-17-0333 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 2581 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIO JAVIER CORDOBA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $79,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE OF MARIO JAVIER CORDOBA VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 16-24691-CIV-COOKE/TORRES, UPON EXECUTING A GENERAL RELEASE OF THE CITY AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-17-0334 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing item CA.4, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Is there any discussion on any of the Consent Agenda items? Any discussion on any of the Consent Agenda items? City of Miami Page 19 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Move them. Vice Chair Russell: Second. Daniel J. Alfonso (City Manager): Commissioner, on CA.2, we need to make a quick correction. There was a scrivener error as to the 12-month extension; it's 24-month extension. Commissioner Suarez: As amended; amend the motion. Vice Chair Russell: The seconder agrees. Todd B. Hannon (City Clerk): And Chair, it's my understanding that CA.1 also needs to be amended. Commissioner Suarez: Which one? Vice Chair Russell: 12th Avenue Bridge. Commissioner Suarez: Okay. Mr. Hannon: C'A.1. Commissioner Suarez: No? Chair Hardemon: Now, Madam City Attorney, I'm trying to understand the distinction between CA.1 and PH.2. PH.2 is the 4/5ths, because it waives the competitive process. Victoria Mendez (City Attorney): Right. Chair Hardemon: But CA.1 -- because I'm assuming, then, PH.2 would also -- If you waive it, you're also giving him the authority to enter into the agreement, so why is there a -- Well, I'll just say this, instead of saying, "Why is there a distinction?" One of the things that I want to say is that I'm looking at a process that is allowing for a company to come down to Miami. It's not just the City; the County has been, if you will, trying to provide some type of benefit to this organization so that it can come to this neighborhood. There's certainly a benefit to them being there on the river, bringing jobs, et cetera. The County, I know, is giving -- possibly could give more than $1.5 million towards the development of the building. But one of the things that I've been having an issue with, with FDOT (Florida Department of Transportation) is just the ability to enter into an agreement with a plot of land that we already have an agreement with them with. So, for instance, we know in this situation that our agreement has lapsed. And so, now, we're trying to enter into this agreement to then go into a sublease. So I'm assuming, then, there's a reason that they're entering it with us rather than with the entity itself -- that's probably ease, right? -- among some other things. So here we are, in the Overtown area. We have the -- what is properly termed as "Range Park," which is underneath the expressway, but it is not a park, whatsoever. It is a plot of land that's been closed since about 2007. And at least for a year, I've been asking, through the MPA (Miami Parking Authority) and through the City, to have this space re -- to move into an agreement. I've spoken with Mr. Wolfe the last time he was here, so that we can use that space as parking, because Overtown has a severe parking shortage, and we can probably gain upwards of three or four hundred parking spaces. But we haven't had the type of success that they're having here in moving this along with getting an agreement with FDOT. And so, that kind of troubles me, because I want to see FDOT respond to the neighborhood like they're responding to this organization; especially when we're City of Miami Page 20 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 giving them a benefit that appears to be without a cost, when premiunas go towards parking, and especially near the river, for any organization, from MPA or whatever private -- or if it was a privately owned organization. So, you know, here we are at this crossroad where there is a benefit being conferred to this organization. FDOT is moving its mountains so that it can be there, but then there's a community that's been suffering with blight, really, and with the lack of use of a space, where there's homelessness and et cetera that lines up these fences that the City of Miami closed this space, and I'm not getting this same type of movement. And, you know, this is the only time that 1 can have an opportunity to really say something about it, when we have something that possibly comes before us that now, you want us to sign along with FDOT Commissioner. Commissioner Carollo: Mr. Chairman, I think you're right on target. I've had similar scenarios, trying to obtain long-term leases. But the way I see it is, in CA.1 - - and Madam City Attorney, correct me if I'm wrong -- CA.1, I'm seeing -- okay. So even though I've had, you know, issues trying to obtain long-term leases for businesses in the Little Havana area, at least here, we -- you know, it's State-owned property that will be leased to us. Now, that's what I understand CA.1 is doing. PH.2, then, is going into the agreement with the other organization that they're going to benefit from. Chair Hardemon: Well, I believe it goes a little. further. I think CA.1 also allows -- because there's language in CA.1 that also talks about the subleasing. Ms. Mendez: Right. So -- and I had those same concerns, so that's why I kind of wanted to tie the two together with regard to mentioning the other one. But as Commissioner Carollo said, one is doing -- CA.1 just does the sublease with FDOT. And then -- Chair Hardemon: When I read -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: -- CA.1, they also -- Commissioner Carollo: And I know exactly what you're saying. It's my understanding -- and again, correct me if I'm wrong, Madam City Attorney -- this is really an agreement between the City -- CA.1, anyways -- between the City and FDOT; however, however, it does mention the sublease and their approval, per se. It's my understanding that doesn't mean we must sublease to this organization, and that's why I'm -- I want a deferral on the other one, because I want to make sure -- For instance -- I'll go a step further, Commissioner. In the memo that was written by Dan Rotenberg to the Manager, it says all the various benefits that we will be getting. And I don't mean "we," like the City, but the County. In there, you see 50 jobs, 50 new high -skilled jobs. I want to make sure out of those 50 how many are within the City of Miami. So those are things that I'm looking at that I -- that's why I want a deferral within PH.2, and that's why I think there's a distinction between CA.1 and PH.2. Ms. Mendez: Chairman Hardemon, I'm sorry if confused the issues by referencing them, but that's how it's supposed to be; the first -- the CA.1 just is the FDOT and City of Miami; and the PH (Public Hearing) is the other one. Chair Hardemon: Okay. And -- but -- Ms. Mendez: But Mr. Rotenberg can talk about the details of the deal, because we weren't present. City of Miami Page 21 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: I don't need to talk about the details of the deal right now. I mean, I read enough to understand exactly what's happening. But what -- but certainly, what Pin trying to describe to you is how difficult it is to even have adequate lighting in a space where 1 personally witness drug sales; 1 personally witness people overdose; 1 personally witness people being victimized, personally. And so, if I can't get them to give me better lighting, why should I give them, you know, this type of reciprocation? So -- but -- Mr. Manager, yes. Mr. Alfonso: Yes. 1 just want to say in the issue that you're mentioning, we have deferred to the MPA for -- They basically have control of the lot, but if you want, we will take over and push the issue as much as we can. Chair Hardemon: Yeah, man. It looks like we can do the same thing. If we can do this for this third party entity, we can do this for a government agency -- Mr. Alfonso: We will gladly -- Chair Hardemon: -- even though we already have the agreement. Mr. Alfonso: -- push the issue, sir. Chair Hardemon: And I know we haven't had our public comment and we have to get into public comment, but the only other thing about CA.2 that I have a question about, the extension of the pilot program. So that means that this pilot program is extended for the life -- or for additional time within the existing agreement that Abel and that the other organization has, right? Mr. Alfonso: Correct. And any new agreements that come onboard, we would apply the same standard. Chair Hardemon: And I just want it to be known -- I mean, it was written in the backup -- that Abel, it appears, hired five times as marry veterans as the other organization. And Abel is even losing their employees, so they're not coming through the City's contract, because we don't have the living wage, like what the County has. And so, we know we want to do this living wage thing, but however we could find a way to -- I mean, even if it takes -- They've already competed for this -- for the piece of the pie that they have. So even if it takes us waiving the requirements of the competitive process to add the living wage to this agreement, maybe that's something that we should be -- that we should look into, because I understand that you don't want to put it back out, because we've already gone through that process, and adding the additional dollars may give more people an opportunity to apply or to bid for this. But considering the fact that they're doing all these good deeds and -- Mr. Alfonso: We will talk to the Law Department and see how -- if it's possible to do that, and come back to the Commission. Chair Hardemon: Thank you very much. Later... Chair Hardemon: There is a motion that is on the floor for the approval of items CA.1 through CA.4. Is there any further discussion regarding that motion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 22 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardernon: All against? Motion passes. City of Miami Page 23 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 2411 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S ("CITY") ANNUAL ACTION PLAN FOR FISCAL 2016-2017, PREVIOUSLY APPROVED BY RESOLUTION NO. 16-0132, ADOPTED ON MARCH 24, 2016; APPROVING THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2017-2018, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO AMEND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2016-2017 AND TO SUBMIT THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2017-2018 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0136 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: Okay. Is there a motion to approve the PH (Public Hearing) Agenda, excluding PH.2? Commissioner Carollo: Move it. Commissioner Gort: Excluding what? Chair Hardemon: PH.2, because that was deferred. PH.2 is deferred, so it's PHI, 3,4,and 5. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. Any. further discussion on that motion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 24 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PH.2 RESOLUTION 2276 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBLEASE AGREEMENT ("SUBLEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND NKMIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PREMISES LOCATED UNDERNEATH THE NORTHWEST 12TH AVENUE BRIDGE, AS MORE PARTICULARLY DESCRIBED IN THE SUBLEASE, ATTACHED AND INCORPORATED AS ATTACHMENT "B," WITH TERMS AND CONDITIONS ALSO MORE PARTICULARLY DESCRIBED IN SAID SUBLEASE, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PH.2 was deferred to the July 27, 2017 Planning and Zoning Commission Meeting. For minutes referencing item PH.2, please see "Order of the Day," "End of Consent Agenda," and item PH.1 PH.3 RESOLUTION 2430 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00, TO THE MIAMI POLICE DEPARTMENT FOR THE MIAMI POLICE ATHLETIC LEAGUE. ENACTMENT NUMBER: R-17-0335 City of Miami Page 25 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing item PH.3, Please see item PH.1. PH.4 RESOLUTION 2522 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $100,000.00, TO STARDOM UP, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO EDUCATE TRADITIONALLY DISADVANTAGED STUDENTS IN TECHNOLOGY AND INNOVATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0336 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing item PH.4, please see "Public Comment Period for Regular Item(s) " and item PH.1 City of Miami Page 26 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PH.5 RESOLUTION 2540 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00, TO MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., FOR GENERAL PROGRAM FUNDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0337 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing item PH.5, Please see item PH.1. END OF PUBLIC HEARINGS City of Miami Page 27 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1749 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," BY UPDATING AND CLARIFYING THE PROCESS FOR COLLECTION OF GARBAGE AND OTHER SOLID WASTE IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13693 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: And moving into our seconding reading ordinances. SR.1. 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 Gort.• Move it. Chair Hardemon: It's been properly moved; seconded by the -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded by Commissioner Carollo. Any further discussion about the item? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 28 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 FR.1 1092 Commissioners and Mayor FR - FIRST READING ORDINANCES ORDINANCE First Reading 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 CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO EXCLUDE A PORTION OF THE DESIGN DISTRICT, AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item FR.1, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: FR.1. Madam City Attorney, read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: The Chair would like to entertain a motion to approve. Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved and seconded. Commissioner Suarez: Second. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City ofMiami Page 29 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 FR.2 ORDINANCE First Reading 2121 AN ORDINANCE OF THE MIAMI CITY COMMISSION City Manager's ESTABLISHING A NEW SECTION 2-208 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED, "NEW PERMITS PROHIBITED, NON -HOMESTEAD PROPERTIES," TO PROHIBIT NEW PERMITS FROM BEING ISSUED FOR NON -HOMESTEAD PROPERTIES WHERE THERE ARE OUTSTANDING CODE ENFORCEMENT VIOLATIONS, BUILDING VIOLATIONS, CITY LIENS, OR CITY INVOICES DUE AND OWING; AMENDING SECTION 10-4 OF THE CITY CODE, TO ADD SECTION 10-4(B)(6), ENTITLED "NEW PERMITS PROHIBITED, NON -HOMESTEAD PROPERTIES," FOR THE SAME PURPOSE; FURTHER AMENDING SECTION 62-22 OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/SCHEDULE OF FEES," FOR THE SAME PURPOSE; EXCEPTING PERMITS TO REPAIR NECESSARY LIFE SAFETY ISSUES AND OPEN VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item FR.2, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: FR.2. Madam City Attorney, read it into the record. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Suarez: Congrats. City of Miami Page 30 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 FR.3 ORDINANCE First Reading 2609 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION," TO ADD A WAIVER FOR PERSONS WHO QUALIFY FOR THE SENIOR CITIZEN EXEMPTION UNDER SECTION 196.075, FLORIDA STATUTES, AND PERSONS WHOSE TOTAL HOUSEHOLD INCOME IS BELOW EIGHTY PERCENT (80%) OF THE AREA MEDIAN INCOME OF MIAMI-DADE COUNTY AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALLY; AMENDING DEFINITIONS; 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: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Before you read into the record FR.3, I just want to make a note. I'm not sure if Commissioners see things my, way, so I kind of want to get in some discussion before we have a motion on the floor. The -- this ordinance would create a hardship exemption, so people who are seniors -- or senior citizen exemption, pursuant to Section 196.075 of Florida Statutes. So if you're a senior and then -- comma -- "And persons whose total household income is below 80 percent of the area median income" -- they will be allowed to have a hardship exemption, and therefore, not have to abide by the one -for -one requirements of tree replacement for homestead exemption properties. And I kind of wanted to have some discussion about this, because I feel like I understand what we're trying to do. We're trying to give some assistance to the seniors. But what don't appreciate about the ordinance is that it reduces the tree canopy in areas that are predominantly poor. And so, we certainly want to increase our tree canopy, just like in areas where there are conservation efforts being made. And, I mean, I can think about a property that's near where I live where -- when I look at the aerial shot from Google Maps from a few years ago, maybe even less than that, there -- in someone's yard, there were a tremendous amount of trees; and now, it's just a hardscape. And so, I know the City of Miami didn't grant them the ability to cut all those trees down, but we have those types of issues. So the thought that I had was, instead of giving them an exemption, maybe we can provide them with a replacement. So, for instance, we have -- we receive a lot of trees, because people who have to go through this whole process, a lot of developers buy trees, add trees to what we have. So if maybe instead, those who had this same requirement -- who met these requirements were allowed a gift of a tree from the City of Miami, rather than not having to put a tree at all, maybe that would be better than just allowing them not to meet the tree requirement and then, thus reducing the tree canopy in these areas that are poor. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Suarez: I'll yield to the left. City of Miami Page 31 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Thank you. Mr. Chairman, would you still impose the potential waiver of the fine and the mitigation fee and then give the gift, or would you like to see the fee and -- the fine implemented on the (UNINTELLIGIBLE). Commissioner Carollo: That's the crux of the issue. Chair Hardemon: Right. No, the fine -- I'm not interested in fining poor people for trees. Vice Chair Russell: Got it. Commissioner Carollo: Exactly. That's the crux of the issue. Chair Hardemon: Right. What I'm concerned about is replacement of trees in these areas. So we cannot fine them -- If they meet this requirement, we agree not to fine them -- Vice Chair Russell: Right. Chair Hardemon: -- and also gift them a tree if we have that availability of trees to be gifted; or, you know, just do something -- because if they're availing themselves of this, that means that they're more educated about the process, they've gone through it. I mean, these are not people that you're catching in the middle of the night, cutting down a tree. And so, you know, that's what I'm more concerned about. Yes, sir. Vice Chair Russell: Madam City Attorney, and possibly Mr. Garcia, can we use our Tree Trust funds to populate private property with trees? Commissioner Gort: Yeah. Victoria Mendez (City Attorney): That is a very, good question. We do have programs wherein we actually give out trees for people to plant. It could definitely be one of those programs. It's done usually during Arbor Day and things of that nature. I would -- if you allow me just to research that issue, how it could be done; not that it be always done, because, obviously, most of those trees are usually put in the public right-of-way and parks and those things, so maybe a certain percentage can be used from the Tree Trust Fund, because normally, we get trees that are donated, and then those trees we assist with -- like Home Depot and things -- you know -- and give those out. So we would have to do a little bit of research about that. Vice Chair Russell: If it's not possible, I'd like to look at amending the legislation that governs how the Tree Trust, funds are used, and I'd like to do that anyway for some other reasons, so I'd like to meet with you about that. But if I'm not mistaken, it's up to around $4 million right now in the Tree Trust Fund, and these are funds generated mostly from trees that have been removed, whether legally or illegally, through development on private property. And so, it's loss of canopy from private property that's giving us funds to replant trees, to replace the canopy. I think it's a logical ask to say that we might be able to utilize those funds where appropriate on private property, as well. Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized, Commissioner. City of Miami Page 32 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Gort: Not only the senior citizen; we have -- in a lot of our neighborhoods, we have individuals, they fall within this guideline of 80 percent of the median income. They have the houses for a long time. They don't have the age limit, but they would like to do something at their homes, and the tree limits -- the setup of the trees or moving a tree, it makes it impossible for them to make those movement. So 1 would like to see not only for -- I'd like to see it on an income issue rather than age. Chair Hardemon: Yeah. Commissioner Gort: Because a lot of our neighborhood, people want to do some repair to their home. They can't. Chair Hardemon: They can't. Commissioner Gort: Because they can't afford to. And I -- yes, I would like to keep the trees, and I think they should be able to get it from the Trust. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I don't have any issues with an amendment if you want to make it as an amendment. My issue was more with regards to ,fining, you know, someone that's going to have a hardship. And it's two prong, because you fine them, but at the same time, then they have to do remediation. That remediation is up to $500 per tree, so it starts becoming very costly, and someone that has a financial hardship cannot necessarily, even if they would want to, be able to pay those fines. So that's really the crux of the issue; however, in all fairness, no, I don't want to reduce the canopy. So I don't have a problem with some type of amendment where the City or the Tree Trust Fund could, you know, provide the trees, and they accept. Commissioner Gort: You'd be amazed how many people do not know about the ordinance, the Tree Ordinance. Commissioner Carollo: Exactly. Commissioner Gort: Right now, we're talking about the -- we're in hurricane season. Commissioner Carollo: Exactly. Commissioner Gort: Cut the branches. Commissioner Carollo: Exactly. Commissioner Gort: They're going to affect the electricity, and so on. And they're not aware of it. Commissioner Carollo: Exactly. Commissioner Gort: We also need to educate the community. Daniel J. Alfonso (City Manager): Mr. Chairman, over here. If I may propose that if this moves on first reading, bring it back for second reading in September. That'll give us time to talk about possible rule changes to the other sections of the City of Miami Page 33 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 ordinances that might be required, and we can bring it back .for second reading with those changes. Chair Hardemon: But we can certainly move it with the recommended changes of not fining the individuals -- Mr. Alfonso: Right. Chair Hardemon: -- who would avail themselves of this, as well as providing them the access to the Tree Trust Fund. Mr. Alfonso: Right. Chair Hardemon: Correct? Commissioner Carollo: Yeah. So we could do that. And then any further legislation with regards to the Tree Trust Fund we could do in the future. But I prefer to have first reading and second reading now, in July. Let's get it done so at least give some type of a -- you know -- a hardship clause for elderly residents, because I could tell you, it's already happening where they're getting hit with fines that they can't afford. Vice Chair Russell: So rather than -- Is it possible, though, to do an amendment at this point with regard to the Tree Trust funds to be used on private property if we don't yet have an opinion on that? Ms. Mendez: Right. So -- Vice Chair Russell: So we can't. Ms. Mendez: -- no. Chair Hardemon: So with that part. Vice Chair Russell.' All right. So let -- why don't we move it as written at the moment, first reading; then we can make a second -- a separate motion directing the City Attorney -- Commissioner Carollo: Yes. Vice Chair Russell: -- to study the Tree Trust Fund issue -- Commissioner Carollo: Yes. Vice Chair Russell: -- with regard to private property. Commissioner Carollo: Yes. Vice Chair Russell: And then that one can come when this one's coming for second reading, so that, hopefully, we can get them done together; that sound good? Commissioner Carollo: Would the -- Can that be for the second meeting in July, Madam City Attorney? Ms. Mendez: Right. So as I understand it, we'll bring this same draft for the second meeting in July. There may be a slight tweak. Chair Hardemon: But the second meeting in Julys agenda, I think, is over full. City of Miami Page 34 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Alfonso: We already have 62 -- Chair Hardemon: It's already closed. Mr. Alfonso: -- items on the agenda already in the second meeting in July. We have a reso or -- Chair Hardemon: And what that means is that -- Mr. Alfonso: -- City Code that says 60 is the limit. I'm sure there are more coming. There may be some more deferrals from today, so, you know, I strongly urge that we try to keep that next agenda as slow as possible. I've -- I spoke to the Chairman yesterday, and we've already, asked that protocol for the next Commission meeting be done away with. I told my staff we're not going to do protocol next Commission meeting at all so that we try to maximize the time that we have to work on that day, so I really urge the Commission to help out. Vice Chair Russell: Shall we set aside a day in August for a special meeting? Chair Hardemon: No, not necessarily. Commissioner Carollo: No. Chair Hardemon: I -- Commissioner Carollo: We're not doing August. Commissioner Gort: I don't mind. Commissioner Carollo: However -- Chair Hardemon: Listen, if this Commission thinks that this item absolutely needs to be heard, I don't have a problem having it on the agenda. I just know that these are the rules that we -- that I did not write; that were written way before me that have been the rules of this board that the items are limited to 60 on an agenda. And so, I mean, there's obvious reasons for that. Commissioner Carollo: But Mr. Chairman -- and I'm sorry to cut you off. What is not being stipulated is that this Commission can waive -- Chair Hardemon: No, that's why -- but that's why I'm saying to you -- Commissioner Carollo: -- the 60 items. Chair Hardemon: -- if you want to hear it, this item on that agenda, then, you know, then we make it happen. But I just want you to be aware that I want to follow the rules that we've set and -- because it allows all of us to get through the business. It allows the public to be able to interact with us, and these are rules that were set before us for a reason, so, you know, I don't want to arbitrarily waive them. But in this instance, if you really want it to be heard, then we can do that. Commissioner Carollo: I would. Chair Hardemon: Okay. Commissioner Suarez: That's fine with me. City of Miami Page 35 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Ms. Mendez: Now, Chairman, I just wanted to clarify that for second reading, we're pretty much bringing it back as it's drafted today, without the Tree Trust Fund amendment, but I'll try and find an amendment that I can give you with regard to the gifting of trees that is allowable -- Chair Hardemon: Okay. Ms. Mendez: -- for second reading. Commissioner Carollo: Mr. Chairman. Ms. Mendez: I just want to clarify that it probably won't be from the actual Tree Trust Fund, and then we'll look at that with the second directive that the Vice Chairman is going to give. Vice Chair Russell: I'll move FR.3 then. Ms. Mendez: Thank you. Commissioner Carollo: Second. Chair Hardemon: It was properly moved and seconded to approve FR.3. Any further discussion? It's as is. Todd B. Hannon (City Clerk): The title just needs to be read into the record. Chair Hardemon: Oh, I'm sorry. It has not been read into the record. Can you read it in the record, please? Oh, was there something that you wanted to say, absolutely burning in your soul? Brenda Betancourt: Yes. Brenda Betancourt, 1436 Southwest 6th Street. I think that one of the biggest problems that we have with our seniors is they hire anybody to go and butcher the trees, and they don't understand, because I have -- Unfortunately, I have to report a couple people around different areas of the City when I'm driving by doing anything, and I see that the only thing they have is the trunk of the tree. And sometimes, the seniors, most of them, they don't understand that they are not allowed to do that. Chair Hardemon: Right. Ms. Betancourt: So sometimes -- Is any way that you guys can make sure that all these landscaping people knows -- or the residents? Somehow, as a city, let the residents know that it's not legal for them to chop the tree more than 25 percent without a permit. So sometimes, the owner of the property paid the price after they pay somebody to go and cut down the tree, and they don't even know. Chair Hardemon: Right. Ms. Betancourt: So unfortunately, we have both sides. So those landscaping people go and chop the trees, even though they know they're not supposed to. And unfortunately, the owners of the property, they end -- which a lot of them are seniors -- end paying double and triple. Chair Hardemon: Thank you. Madam City Attorney, go ahead. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 36 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF FIRST READING ORDINANCES City ofMiami Page 37 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 2383 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA ("CITY"); DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 14, 2017, OR ANY OTHER DATE BEFORE SEPTEMBER 15, 2017 WHICH IS (A) SET BY THE CITY COMMISSION, AND (B) PUBLICLY NOTICED, AND DIRECTING THE PROVISION OF NOTICE(S) THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR ADDITIONAL LEASED GARBAGE CONTAINER(S) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0321 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: RE.I. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE.1 is the annual assessment for solid waste collection. We have two amendments that we'd like to put forward. The first one is to incorporate the ordinance that was passed earlier today on second reading, which is SR.1, the Waste Ordinance. So if the blanks that are in there can reference Ordinance Number 13693, that will complete the two items talking to each other and referencing each other properly. And the second one is an item that's being handed out to you from the Clerk's Office right now, Composite Exhibit "E," which are the notices that will be -- First notice is the notice of a public meeting in September at the time of the first budget hearing; and the second one is the notice that homeowners will see attached to their bill; otherwise, it's the same $380 per household per year, as we have had for several years. Be happy to take any questions. Commissioner Gort: Move it. City of Miami Page 38 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: It's been properly moved by the -- by Commissioner Gort; seconded by the Chair. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Rose: Thank you, Commissioners. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: As amended, that's correct. RE.2 RESOLUTION 2424 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 12, ENTITLED "FILLING VACANCIES FOR MAYOR AND CITY COMMISSION," TO PROVIDE THAT A CANDIDATE ELECTED IN A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN THE OFFICE OF MAYOR AND CITY COMMISSION SHALL SERVE FOR THE REMAINDER OF THAT UNEXPIRED TERM AND ALLOWING ELECTED OFFICIALS WHO ARE ABSOLVED FROM ALLEGATIONS OF MISCONDUCT TO IMMEDIATELY RESUME THEIR POSITION FOR THE REMAINDER OF THE UNEXPIRED TERM; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. _ BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0318 City of Miami Page 39 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: RE.2. Mr. Manager, can you read RE.2? Commissioner Suarez: Commissioner Gort, Commissioner Gort, I think this was your -- Commissioner Gort: Move it. Victoria Mendez (City Attorney): Right. Commissioner Carollo: Second. Chair Hardemon: Properly -- it's been properly moved and seconded. Commissioner Gort: It's got to be read. Chair Hardemon: Any further discussion regarding RE.2? Todd B. Hannon (City Clerk): And Chair, there's just -- briefly. Chair Hardemon: Yeah. Mr. Hannon: The resolution needs to be amended to include Resolution Number R- 17-0318. And it also needs to be amended to take out a sentence from Section 12-A, which is not necessary. Chair Hardemon: All right. Mover and the seconder agree to those amendments? Well, is there an objection from the mover and the seconder? Seeing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Mr. Hannon: And -- sorry. Lastly, we're also going to take out the reference to Charter amendment number in the resolution. There's going to be a discussion item at the July 27 Commission meeting, where we'll go ahead and decide what the order is for the Charter amendments. Chair Hardemon: Seeing that there was some unreadiness, I'll -- if there's no abjection from the mover and seconder to what was just stated by the Clerk, I'll move an to the vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: Thank you, Chair. My apologies. Chair Hardemon: You're recognized. No problem. City of Miami Page 40 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.3 RESOLUTION 2505 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 36 OF THE CHARTER, ENTITLED "CIVIL SERVICE," TO INCLUDE THE OFFICE OF INDEPENDENT AUDITOR GENERAL ("OIAG") AS AN UNCLASSIFIED SERVICE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. _ WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-17-0319 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: RE.3. Commissioner Carollo: Mr. Chairman, RE.3 shows myself as the sponsor. I wasn't sure that I was going to be the sponsor, but that's okay; I could still be the sponsor. I don't mind. In essence, as you know, I brought an issue to this Commission regarding our Office of Independent Auditor, where it appears that we need a Charter amendment in order to make sure that all of his staff is unclassified, and make sure that he could appoint, as per what the Charter says, his own staff. So this is the language, and I think that the second part is actually the ballot language. So that's RE.3 and RE.4. So if there's any questions, I could answer or -- the Auditor General is here; if not, then I'm going to move the item. So move RE.3. Chair Hardemon: You can do both if you'd like. Commissioner Carollo: I'll move RE.3 and RE.4. Chair Hardemon: It's been properly moved to approve RE.3 and RE.4. Is there a second? Commissioner Gort: I'll second for discussion. City of Miami Page 41 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Second for discussion. Move into discussion. Commissioner Gort. Commissioner Gort: I believe the other department, they should have the same thing, because when you have a supervisor that has an -- a grievance with one of the employees and they both have to be defended by the same individual, it could be a conflict. So I'd like to see the Auditor General to explain the reason why he believe that should be done. Commissioner Carollo: Mr. Guba. Theodore Guba (Auditor General): Repeat the question. Commissioner Gort: Why do you want to have it like that? There's a reason why. Mr. Guba: Why don't we have unclassified --? Commissioner Gort: Why do you want to make the changes? Mr. Guba: Why do we need to make the changes? Commissioner Gort: Right. Mr. Guba: The City Attorney has opined that -- Chair Hardemon: Can you announce yourself for the record, as well, sir? Mr. Guba: Oh. Ted Guba, Auditor General for the City of Miami. The City Attorney has opined that the Charter does -- because it does not indicate that I have exclusive authority to designate my employees that -- and I'm also not included as the exempt employees from classified service under the Civil Service Charter that I'm required to have Civil Service employees. Commissioner Gort: But you have a reason why, also, you want to make that change. That's what I'd like to hear from you. Mr. Guba: The reason for making the change? Commissioner Gort: Right. Mr. Guba: It's so -- Commissioner Carollo: Mr. Chairman, if I could interrupt? Chair Hardemon: I think -- Commissioner Carollo: Speak about the independence. Commissioner Gort: Yeah. Mr. Cuba: Well, the independence issue, I -- In accordance with government auditing standards -- We're supposed to conduct audits under government auditing standards, and it requires that we be independent. And if management is involved in the hiring and firing process, as they are under Civil Service employees, we will not have that independence. You know, just to give you an example, if we're doing an audit and I don't have exclusive authority over my employees, if it's a particular area within the City Administration, they can threaten to fire that person if they don't City of Miami Page 42 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 withdraw, or if they -- you know, we won't have objective conclusions or objective audits if we don't have independence, and we won't he able to conduct our audits in accordance to any standards, because all standards require independence. Commissioner Gort: Thank you. Daniel J. Alfonso (City Manager): Mr. Chairman. Ms. Mendez: 1 just wanted to -- but before, Mr. Manager, I just wanted to say RE.3 is the one that deals with the Civil Service. RE.4 is the one that deals specifically, with the Office of the Independent Auditor. I just wanted to say that. Thank you. Chair Hardemon: I think the Clerk wants to add a few amendments that must be stated for RE.3 and RE.4. Can you state what they are on the record, please? Todd B. Hannon (City Clerk): Thank you, Chair. RE.3 will need to be amended to include Resolution Number R-17-0319, as well as taking out the reference to "Charter Amendment Number." And RE.4 will be amended to include Resolution Number R-17-0320, as well as taking out the reference to "Charter Amendment Number." Chair Hardemon: Is there any objection, from the mover and seconder? Commissioner Gort: No. Commissioner Carollo: No, but I want -- I would like to understand. What are -- what is -- what are those resolutions? Mr. Hannon: Those resolutions will actually be referenced in the news -- I should say the publication -- Commissioner Carollo: Understood. Mr. Hannon: -- calling for this item to be placed on the ballot. Commissioner Carollo: Understood. Chair Hardemon: Seeing no objection, it will be included in the motion. Any further discussion about the main motion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Gort: I think the Manager wanted to -- Mr. Alfonso: Oh, I just wanted to point out that there's a statement that the Administration fires the -- his staff. We don't. And Civil Service is not the Administration; it's a separate process set in the Charter. Chair Hardemon: Motion passes. Commissioner Gort: Thank you. Commissioner Suarez: He just cleaned it up. City of Miami Page 43 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardernon: Thank you, sir. RE.4 RESOLUTION 2049 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 48(D) OF THE CHARTER, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL/STAFFING" ("OIAG"), TO PROVIDE THE INDEPENDENT AUDITOR GENERAL EXCLUSIVE SUPERVISORY AUTHORITY OVER EMPLOYEES OF THE OIAG; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. _ WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-17-0320 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.4, please see item RE.3. City of Miami Page 44 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.5 RESOLUTION 2575 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER ENTITLED "CITY -OWNED PROPERTY SALE OF LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ESJ JI LEASEHOLD, LLC ("ESJ") AMENDING CERTAIN TERMS OF THE EXISTING LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND ESJ AND AGREEING TO ENTER INTO THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: EXECUTION OF AN AMENDED AND RESTATED LEASE OF 19.35 ACRES OF CITY OWNED WATERFRONT PROPERTY WITH ESJ TO MODIFY THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY THREE (43) YEARS AND EXTEND THE TERM FROM 2060 TO 2099; PROVIDE ONE PERCENT (1%) RENT FROM ANNUAL GROSS REVENUE FROM A $50,000,000.00 HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY DESIGN APPROVAL AND SUCCESSFUL ZONING CHANGES, AND AN EIGHTEEN (18) MONTH RENT ABATEMENT; PROVIDE PARKING, RETAIL/RESTAURANT AND MEETING ROOM SPACE; PROVIDE AN ICHIMURA-MIAMI JAPANESE GARDENS SEVEN HUNDRED THOUSAND DOLLAR PAYMENT ($700,000.00); PROVIDE A $500,000.00 GREEN ENERGY EDUCATIONAL FACILITY; ESTABLISH A RESERVE ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER YEAR; IMPLEMENT A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALES; AND FURTHER IMPLEMENT AN APPROXIMATE ONE PERCENT (1%) REFINANCING FEE; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.5 was deferred to the July 27, 2017 Planning and Zoning Commission Meeting. For additional minutes referencing item RE.5, please see "Public Comment Period for Regular Item (s) " and item RE.8 City of Miami Page 45 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Mr. Rotenberg, you're recognized. Daniel Rotenberg (Director): Good afternoon, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.5 is a resolution directing the City Attorney to prepare referendum language for Jungle Islands Hotel and lease extension. Commissioner Gort: Did we move on this? Vice Chair Russell: We withdrew the -- we withdrew (UNINTELLIGIBLE). Commissioner Gort: We did? Chair Hardemon: So I guess we'll open up some discussion. One of the things that I asked -- well, I'll preface by saying this: I had a meeting yesterday. I happened to have it at the CRA (Community Redevelopment Agency) in the conference room, but it was regarding things that are -- that have -- that deal with the City Commission, and it was basically about rezoning. And one of the -- and the conversation -- there was a gentleman there who owns a home that was built in 1930, I believe. I think it was about 1930. And there were two structures on this lot. One day we -- there was a board meeting -- maybe the Unsafe Structures Board meeting, or something of that nature -- and I happened to sit in on it just for a brief time, and I remember him making his case. I ended up leaving, so I didn't see the closing of his issue, but what ended up happening was that his property, the 1930 property, was torn down. And so his property went from -- it went from like a -- it was a -- I believe it was a six/two. Commissioner Suarez: Six/two. Chair Hardemon: I think it was a six/two, then it went to a three/one, because they're two different structures. Because this was built in 1930 -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Hardemon: -- it didn't need a lot of bathrooms. Right, basically. Commissioner Suarez: (UNINTELLIGIBLE). Chair Hardemon: Two different structures. And so, part of the issue was that, you know, he was basically pleading to have the place saved, and unfortunately, that didn't happen for him. And so, he was bringing me back to this whole issue, because I wasn't aware of all the facts of his case. But in that conversation, I came to a realization. I mean, this is -- his property still is -- and this -- and his ownership is kind of complicated, because his -- I think it was his sister that actually owned it, and she passed, and then it went to some other individuals in the family, but they didn't have any probate, so it's -- there's a lot of things going on, but and still -- Commissioner Suarez: It was a tenancy by the entirety. Chair Hardemon: Right, but there's still ownership within his family. Commissioner Suarez: Right. Chair Hardemon: And so -- Commissioner Suarez: Tenancy by the entirety. City of Miami Page 46 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: -- the reason I'm explaining this to you is because, you know, he really wanted to save that property. And when you think about Overtown, there aren't a lot of single family homes in Overtown. And so, his plea was saving, "Look you know, this property has been in my family for 100 years. It's been here since 19, " you know -- or however long -- it's been there since 1930. And so his plea was basically, "We don't have the money to bring it to Code, but we want to. Give us the time. Let us work on it. Can you help us?"And in the City ofMiami, unfortunately, it fell on deaf ears with that board. And so, it got me to thinking about the issues that we have before us, and we have all these assets, and we -- we're asking our constituency to vote positively on these assets. And the question is always, you know, "Well, what is it in there for them?" You know, why should we give a 99-year lease extension to someone? What benefit -- what reason should someone go out and actually support it? And so one of the things that I asked Mr. Rotenberg, actually today, to have a discussion with some of the individuals who are left on the agenda about was possibly helping us with the creation of a -- and I know we have some small funds, but really the creation of a single-family rehab And. And so, basically, tying 1 percentage point of the gross receipts, for instance, Jro-- say, like Jungle Island, and also the same thing for the Monty's lease -- tying that 1 percent, and saying that 1 percent of that is going to go towards single-family rehabs of properties that are existing within the City of Miami, where those people who are living in, let's say, a CDBG (Community Development Block Grant) -eligible household. So these are poor people that can't afford to fix their homes, that can't afford to have standard -- a standard of living, and a -- an increased standard of living, because they don't live in these new affordable housing projects, et cetera, but they have something that they worked for in their family to keep, and so we want them to live with pride. Just say, "Well, we want to service all homeless that actually live in better facilities than they get a chance to live in," and they pay property taxes within our communities. And so, I think Mr. Rotenberg had some preliminary discussions with some of them, so I know he wants to give us at least some feedback on that. But the whole idea is so that all over the City of Miami, someone -- if they have an issue with their home, they can come to the City and say, "Hey, you know, I need some help, " and our City help them in staying into their -- in staying in their homes. I think it's an important thing to do. I think that it's not going to cost us anything; and certainly, it'll take care of that huge backlog that we have, because we do have some -- a single-family home rehab program, but, you know, the waiting list is hundreds long, because we just don't have the income to do it. Yes, sir. Commissioner Suarez: Yeah. And I was wondering if you were going to use the "G" word, because it's probably one of the only ways to stem gentrification in our City, which is obviously a huge pressure that I think all of us in our districts are feeling, particularly in what they call SFRs, single-family residential homes. You know, if we don't find a way, to help people, particularly poor people, stay in their homes, afford their homes, and have nicer homes, then what's going to happen in our -- particularly our traditional neighborhoods is what's been happening, which is people come in, they buy those properties, and they make mega mansions, or whatever, and they transform the character of the neighborhood to something else. And so, I know we struggled with it a lot in the Grove. We've talked about it a lot in the Grove. I think this is an opportunity to get ahead of it a little bit and do things prophylactically, or proactively, rather than reactively. So I like the idea. I really do think it's a good concept. Chair Hardemon: And I think that it'll be a good thing that we can say to the voters to sell this, to say, "Listen, if this thing passes" -- Commissioner Suarez: Right. City of Miami Page 47 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: -- "you create a funding you can actually go to and help you increase the" -- "improve the standard of living in your household, in your neighbor's household," and I think that that'll make a big difference in how people perceive these items when they go to the Charter amendment. I think it's generally, good policy; that we're saying, "Listen, we care about the least of us, and we want to help those people who can't afford to make improvements to their home." And these are people that we go out every day and we cite, you know. Code Compliance will go there and say, "Listen, this is this way. This is that way. And therefore, since you can't pay for it, we're going to tear down the house, and then we're going to stick you with the bill." And ultimately, what ends up happening is, that same gentleman loses his entire property, because he couldn't afford to upkeep -- or put his house in the condition that was sustainable, or livable even. Commissioner Gort. Commissioner Gort: We have CDBG funds that we used in the past to help those individuals to fax their homes, so this can be an additional leverage that can work very close with the CDBG funds that we have. They've been diminished quite a bit, and I think that's very helpful. If we want to keep people -- to maintain home ownership in some of our neighborhoods, we need to help them. Chair Hardemon: Mr. Rotenberg. Mr. Rotenberg: We have had plenty discussions. I know -- I think Commissioner Gort was referring to some funds that was set aside from closing costs, but I'd be happy to continue the conversations, and I think it is important to do it. Chair Hardemon: Have we gotten any feedback, for instance, on RE.5, so with the Jungle Island? Sir, you're here. Alexander Tachmes: Mr. Chairman, Alexander Tachmes, for the record, on behalf of ESJ Capital Partners and Jungle Island. Mr. Chairman, we'd be happy to discuss that. We know that we are a partner of the City's for the long-term, and we want the City to get better while we get better, so we obviously haven't had a chance to process that or discuss it; we're just hearing about it today, but I'm sure we can have a discussion and come to an agreement on something before the 27th. Chair Hardemon: All right. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes, you're recognized, Vice Chairman. Vice Chair Russell: Yeah. Let's have as much discussion as we can today so that if we lead into the 27th, we're not starting from scratch there. The discussion regarding the potential of a hotel, I think that's the key element here that voters are being asked to decide upon. Everything else is extra. But whether or not the voters want a hotel there is important. I don't believe that the original ballot language that they voted on, moving Jungle Island to that location, allows for it. And so, when we approved the transfer of the lease a few months ago. I'm thankful that your clients came and met, but I recognize that at some paint, a hotel would be in the cards, and so I implored the developer to show their cards at the beginning; if this is the end goal, to bring it out now. Let's not do a theme park for a few years, get the foot in the door, and then test the waters. Let's find out from the voters if this is something they want to see. And for that, while I've never said that I'm the champion of a hotel being there, it -- for me, if it's within the right scale, does not adversely impact the traffic on the causeway, keeps us as good neighbors with the Beach, not environmentally impactful to where we're losing our green space and our park there, it could he a boutique hotel that services the tourists that come there, residents who City of Miami Page 48 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 want to get away for a weekend, experience the theme park, let's ask the voters now. And that way, your client knows. If it's off the table, they got to reevaluate their options moving forward, and they can do so clearly. So that's where this motion toward a -- getting a hotel initiative on the ballot came from. I have to take responsibility for pushing you on that, I'd say, because I want to hear what the voters have to say on it. 1 do believe that, as you said, it behooves all of us to see this be successful. It's not something that we can just allow to fail. We're too intertwined in the deal historically with the County, with the State, and everything. So that being said, it's on the developer to do the outreach necessary to get us there; and not only the outreach between now and ballot time, if it gets onto the ballot, but to get onto the ballot, I really need hyper connectivity and buy -in from the local residents, because once it gets put to the entire City, their voice gets drowned out by the votes of an entire community, who may just see an improvement to the tax base, an amenity, but the impact it has on the residents of Venetian Causeway, for example. I know that you've spoken with a few people, and some have advocated for it, but we've reached out to the Venetian Way Neighbors [sic] Alliance, and they haven't heard a word yet. A lot of them, granted, are on vacation at this point, but we've spoken with both the president of the association, as well as some of the key neighbors involved, and they haven't been presented this concept yet. So I wouldn't say that it's been publicly vetted well enough yet to get full voter buy -in. Beyond that, the only other comment I have on the entire proposal is with regard to the size of. the hotel. That concerns me a little bit -- and I've mentioned that to you directly -- it's 130 feet too much, and it's 300 rooms too many. And I know that we're looking at potentials of reducing parking or doing underground parking that may allow us to reduce the height, which would be significantly beneficial, I think. The number of rooms, you know, that's something else to be discussed. Financially, Mr. Rotenberg, what do we have in terms of appraisals of what we should be receiving, and projections of what this will generate for the City in terms of the 1 percent issue? Mr. Rotenberg: Well, we have one draft appraisal that we're reviewing right now; the second one is due the 20th. Roundabout value right now for the land lease is about 1.4, but the appraisal has to be worked on. There are issues in it that -- factual errors that we have to work on. Current rent: In fiscal 2016, Jungle Island paid the City $770,000. We would be bumping that up. The additional rent, again, would be fair market value. If it's the 1.4, or whatever that is, that will be included on top of the rent from Jungle Island. In addition, there's going to be a contribution of $700,000; take care of the Ichimura Gardens; $500,000 that's going to be towards a green facility that is going to be both educational, and a --from what I understand - - museum on site. There'll be a reserve account built into this, because this is a long- term lease. They're redoing the park at the beginning, but in year 25 to 30, we put it in a sinking And account, where they'll be contributing somewhere between two and a half and $5 million, probably closer to five, so that will continue 25, year 50, and year 75, so we don't have issues going forward ever again with a facility that's not being taken care of We're going to have a transfer fee built into this of 3 percent going forward. We have a 1 percent refinance fee; all those items that seem to have been left out of former leases. And hopefully, the hotel, if it goes up, will help generate more visitors to the hotel -- I paean, to the park itself It's been marginal; we'd like to see it operate a lot better. Vice Chair Russell: And as far as the agreements go, we don't have a solid agreement. What we have is an agreement to enter into an agreement? Mr. Rotenberg: That's correct. Vice Chair Russell: Right. Mr. Rotenberg: It has to come hack to the Commission. City of Miami Page 49 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: What is the repercussion of this -- hammering that out before we go to the voters so that they know specifically what they're getting into in terms of next cycle? What does that do with regard to --? I mean, obviously, they weren't contemplating a hotel at this point for the next couple years anyway, right? So we're not under a time constraint, emergency to approve a hotel here for sake of financial needs of the park. Mr. Rotenberg: Well, I mean, you could look at it two different ways. Professionally, just as a subject matter expert on this, if you're going to go ahead -- From what I understand, the group that's entering into this right now, there is some sense of urgency with that group, but for us as a city, it is subject to Planning & Zoning, it has to pass through the City's Buildings [sic] Department, it was not contemplated like you said originally; but I think, if it was allowed and the voters allowed it, it would exponentially increase the income over there and would make that tourist attraction a real tourist attraction. I think they've suffered in the past over there; this would be a benefit. Vice Chair Russell: Thank you. I welcome to hear from the other Commissioners, as well, on this project and the process, and the financials, as well. Commissioner Suarez: Yeah. I mean, I sort of echo your concerns. You know, I think, first of all, we need to have community buy -in on the size of the hotel, which I've spoken to the applicant about. And I, today, don't think I can support the item, because I haven't seen an appraisal., so it's impossible for me to know what the fair market value is. And we're injecting into the process not only that, but some additional factor which has to do with housing, which I think is a fantastic idea, but that's a concern that I have. The concern that I have has to do with the financials and, obviously, the community buy -in, but it sounds to me like you have a good handle on that. I don't think we have a good handle on the financials. Vice Chair Russell: The community buy -in is still very preliminary. Literally, three people have chimed in on it. Commissioner Suarez: Right. Vice Chair Russell: Or four people have chimed in on it. And that 1 percent, has that translated into a number, that projected 1 percent? Other than the other payments and parts in the deal, what would be the ongoing annual 1 percent revenue generation? What would that bring the City? Mr. Rotenberg: I think the developer -- the hotel itself is a $50 million project that would go up. I'm not sure what the flag is or which hotel it is, so we don't know what the projections are. If the developer wants to answer that, they have better information than we do. Mr. Alfonso: Mr. Chairman, ifI may for a minute, before the gentleman answers the question? I just want to remind us that we're wanting to have this discussion for information, but what we're trying to pass today is for the writing of the question, and we can certainly finalize some of those details, but we do want to have the discussion so that we know what we're talking about. Mr. Tachmes: Mr. Chair -- Mr. Alfonso: Go ahead. Mr. Tachmes: -- could 1 make a couple of comments? City of Miami Page 50 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Go ahead. Mr. Tachmes: Thank you. Just to address some of the comments that Vice Chair Russell made, we have made a significant amount of outreach to some of the key stakeholders in the area. Apparently, Mr. Vice Chair, we haven't reached everyone, but I can assure you that we want to be as transparent as we can. If that means having an open house of some type at the park and inviting people to come over and showing them everything we've got, we will do it. It's not our desire to hide anything. We're not going to be playing a bait and switch type of thing. You know, we want to be completely transparent about what we're going to do. And if that means reaching out to everyone, as I said, inviting them to the park for a discussion, we will do it, and we're happy to do it. I know we discussed the height, and the issue of the number of rooms and the height. I think a couple of things are important to mention. First of all, remember that there is an existing parking pedestal there now of two stories, so we would be building on basically where that is now. We'd be knocking down the parking pedestal, replacing the existing parking for the park, and then building our own pedestal in the hotel above. So our new construction for the new space might be about six stories or five stories, but we're being required to put - - we're required to replace the existing parking that's at the park now. One thing which we talked about, which I think, in my opinion -- the zoning lawyer -- I think we have a really good shot to achieve, is if the referendum passes, we would come back and request some waivers or variances under Miami 21 in order to be able to have the hotel be wider and a bit squatter; and then, if we do that, we can keep the same program, but not make it so high. Another issue you and I talked about is there is a strong trend all throughout South Florida to reduce the parking requirement under zoning codes, because of people taking Uber and other modes of transportation. So parking codes from 20 years ago that had parking requirements for hotels and whatnot are a bit antiquated, and I'm not saying Miami 21 is necessarily, but I do believe that there's an argument that can be made that it's kind of over parked for Jungle Island, and then we could also present that to the Commission. And if we get a parking reduction, again, we can remove a floor or two from the project. And then, of course, we did discuss the -- parking one floor underground. It is very expensive to build underground. But my point in saying all this is, I think that there are multiple ways where we can get the project not to be so tall, particularly if the City gives us some sort of zoning approvals that would help us to better fit it on the site, so I'm pretty optimistic about that. And I just want to make one last comment a bit from a -- from kind of a 30, 000 foot kind of view. This is a homerun for the City. I wish I could mention the name of the company that they're talking to, and I think we'll be able to by the end of month, but this is -- if we can get this done, this eco- adventure company that is almost like on a Disney scale, they want to come here to open a eco-adventure hotel that will blend perfectly with the park. It'll make it a destination people know about around the country and the world. So you've got a chance to take an asset that has been underperforming for a long time that needs TLC (tender loving care), and really kind of make it a triple "A" attraction. Our client is already proceeding with a $20 million series of improvements in the next 24 months for short-term improvements; that is going ahead no matter what. But this opportunity with -- to merge -- to blend with this company and do a really spectacular hotel, we have a small window of time. And if we don't produce -- we don't move ahead with this company, they're going to find somewhere else to build this boutique hotel. So I think, yes, we need to take care of the outreach, and we need to be transparent, but this is a special opportunity. As far as -- one last comment. As far as the rent is concerned, your Charter says, you can only do it for fair market value, so we have to abide by that. So when the appraisals come back, we will sit down with Daniel, and we will go over the appraisals that came back, and well make sure you're getting fair market value. I mean, there's really no other way around that. The only reason the 1 percent was included was because a third City of Miami Page 51 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 amendment to the ground lease, which gives us the right to do a hotel, specifically says that the rent for the hotel would be 1 percent of revenues of the hotel; and so, since it said that, that's what we started with. But we know it's got to be fair market value, and if it turns out it's different, it'll be different. Commissioner Suarez: Mr. Chair. Vice Chair Russell: You don't have a projection of what that 1 percent could be or would be? Mr. Tachmes: My clients are saying, "No." So we -- Vice Chair Russell: Yeah, it seems a little preliminary. Mr. Tachmes: -- not at this point. Vice Chair Russell: So if I could just follow up on what you said. Mr. Tachmes: Sure. Vice Chair Russell: Thank you. And I do believe we have a good -faith partner in ESJ. I've enjoyed working with them this year. Obviously, I don't know who the hotel partner is that you're considering, but when you liken them to a Disney level of operator and developer, you may have a very good partner there -- Mr. Tachmes: Yes. Vice Chair Russell: -- that -- this is an opportunity. I would like to hear and put on the record the intention and commitment that right now, what we're looking at is 130 foot within the ballot language and within the agreement; that if we're able to reduce that based on less parking, that we're not making space for more rooms and more floors of hotel; that we are actually, by reducing parking, reducing the height, with the objective of hopefully, if we can get rid of a couple of floors of parking, go down to maybe 80 feet. I believe this is a perfect candidate for it, because most of your -- this is not residential; no one's going to live there. Mr. Tachmes: Right. Vice Chair Russell: You're going to have most of your clientele being tourist -based, coming off the planes, coming off the cruise ships. They won't need a car, necessarily. And a lot of them will be based at the theme park; and so, you won't need parking for the theme park and. fully parking for the hotel; a lot of it will overlap. You may need a lot less parking than you think, and we'll know that through studies, and then whatever waivers we can do through Miami 21. So I'm open to looking at this either way, gentlemen. If we want to direct the City Attorney to start working on the ballot language, knowing that this is very contingent for the second meeting in July 27. There's a lot of answers left to be -- you know, a lot of blanks to be filled in here with regard to the financials, the hotel partner; you know, giving the public the maximum chance to get their head around this before we agree to put it on the ballot; and, of course, the public outreach. This gives you another couple weeks to really, you know, find the absolute stakeholders there that are -- that this would impact and try to get some buy -in there. I think that'll help you in the long run, because they're the ones who would be the biggest challenge to this, whether it's legal or just on the ballot, so that'll help all sides. Commissioner Suarez: Mr. Chair, if1nay? City of Miami Page 52 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardernon: Yes. Commissioner Suarez: Yeah. So I just wanted to sort of jump back in and say, look, I totally, agree with what you said on the sort of trend for parking reduction, and you sort of touched on it as well, and I do think that's in line with our philosophy and our current philosophy in the direction that we're going. I also want to note, just from a general perspective, that we've been doing these deals a lot better than we have in the past; with transfer fees, which we never had; sinking fund fees, which we never had; and refinance fees, which we never had. So, you know, 1 don't want to be a "Debbie Downer," you know, completely. You know, from my perspective, what worries me is, we've had a lot of time to get to this point. We shouldn't have the appraisal coming in `post" a decision that we have to make of this magnitude. That's what bothers me, honestly. I mean, I think -- you know, I maybe can be convinced when it comes back, but just from a process perspective, it bothers me that we've had all this time to negotiate this and not had the appraisal, from my perspective, in advance. Because what happens? We talk about -- and I understand where the 1 percent came from. It came from the third -- I mean, they have a clear, established -- that didn't just come from nowhere. It came from a third amended agreement, which, by the way, was voted on before any of us were up here; even the ones that have been up here the longest. I think it was in 2008, if I'm not mistaken. So, you know, we sort of inherited that. But that, to me, is the part that -- it just doesn't look right, and it doesn't seem like that's the right deal. And then, of course, if you throw into the mix dedicating a portion of those funds to a single-family rehabilitation fund, which I agree with, by the way, that also plays into the economics of it. So, you know, I may be able to get there -- if we pass this today, I may be able to get there on the next one, but I can't support on this one, just because of that. Vice Chair Russell: IN prove that we defer this item to the 27th, and I'm doing so optimistically. I think we can get there, and -- Mr. Alfonso: Wait, wait. Vice Chair Russell.' -- then we can fill in the blanks. Mr. Alfonso: Mr. Chairman -- Victoria Mendez (City Attorney): We can't -- Mr. Alfonso: -- couple of things. A couple of things. Vice Chair Russell: Tell me why. Mr. Alfonso: Number one -- Commissioner Suarez: We could. Of course we could. We've done it (UNINTELLIGIBLE). Mr. Alfonso: -- by the 27th, if we do not have an appraisal, you will not be able to move this item forward, so -- Commissioner Suarez: Oh, there's no doubt about that. Mr. Alfonso: Right. Vice Chair Russell: Right. City of Miami Page 53 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Alfonso: That's correct. Commissioner Suarez: Right. Mr. Alfonso: That's number one. But number two, you still need to -- this item is not the deal. This item is directing the City Attorney to write the question so that we can come back on the 27th and we have all the components; then that moves forward. Ms. Mendez: You'll need a special meeting -- Mr. Alfonso: Right. Ms. Mendez: -- ifvou defer this item. Mr. Tachmes: Right. Vice Chair Russell: We have another -- we had two items on the -- Mr. Alfonso: The same thing. Vice Chair Russell: Well, we had two items today; one directing the City Attorney to draft language and actually putting something on the Charter. Commissioner Suarez: Exactly. Vice Chair Russell: So it is possible. Commissioner Suarez: Of course, it's possible. Vice Chair Russell: We -- and I know you're already working on drafts; I've seen them. Commissioner Suarez: Exactly. Vice Chair Russell.' So it's not that we're completely stopping the train here. Mr. Tachmes: Mr. Chair, respectfully, I think we're overcomplicating the matter. If you just vote today to give the City Attorney the direction to proceed with the drafting of the ballot, we'll have the appraisals done between now and then, and well vote on it on the 27th. If you let it -- if you don't vote on it today -- I think what the City Attorney is saying is you'd have to have a separate meeting -- special meeting in August, which really doesn't make much sense. And I know the two appraisals have been ordered already; Daniel can speak to that, but I would imagine, within a week, they'll be back. So we urge you to proceed ahead today and instruct the City Attorney to do -- write the ballot language. It doesn't give you any obligation, you're not bound by anything, and we can come back and finish this on the 27th. Vice Chair Russell: I've made a motion at this point, so we can second it, discuss it, and then if you guys want to direct the City Attorney today, we can, like I said -- Commissioner Carollo: It was second. Vice Chair Russell: It was seconded. Commissioner Suarez: Yeah. City of Miami Page 54 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Well, I'd like to put that, certainly, it seems to me that even the motion to direct the City Attorney to do something is more -- it's just ceremonial, if you will. I guess it's a show of respect, because if not -- if the City Attorney were to draft something like this, I'm assuming, and one of us found -- or if it was discovered through some sort of Chapter 119 request, then we would all be looking like, "Well, where did this come from?" So, 1 kind of look at this part more as ceremonial, whereas the -- But 1 will say, though, that the language -- So if we were amending this for her to write ballot language, we would want to include something like the percentage that our -- that's stated, because you want to give it some degree of attractiveness for the community, so including -- I call it -- I just wrote something called a -- well, having some sort of fund to kind of save these homes, if you will, but -- So I think that we could certainly pass this today, with the language that we want in it, but we don't have to. I think you're absolutely right that we can do both of them on the 27th, as well. Commissioner Suarez: And my issue is this, guys: It's -- your idea's a great idea, you know. Understanding the financials, which I think is at least 50 percent of the puzzle here, is important, if not critical. So we have had how long to negotiate this deal? Why is the appraisal due beyond the time that we have to vote on this deal? Chair Hardemon: No. You're absolutely right. Commissioner Suarez: You know what I'm saying? Chair Hardemon: You're absolutely right. Commissioner Suarez: Like, there's just no reason. So to me, I just think, from a process perspective, it doesn't make sense. Why would you, you know, order an appraisal with not enough time -- You could've ordered it six months ago; could have ordered it four months ago -- I mean -- to get it on for us to analyze it and make sure that it's the right decision before we vote on it; even to instruct the City Attorney to write the question? So that's the concern that I have. Mr. Tachmes: Mr. Chairman. Vice Chair Russell: And Mr. Chairman, if you noticed in your draft agenda -- it's been taken out of the final -- but in your draft agenda, there was an Exhibit "B" with draft language for the ballot actually on it. It was a mess, but it was there. And so, I know that the City Attorney's already working on it. The developer is also working on it, as well. This won't stop that train. I think it's an issue of I appreciate the patience of this dais to say that "If it's not right, we will wait. We're not going to allow lack of preparation to force an emergency on our side in terms of malting a decision without all the facts before us. This is a pretty key part of the decision." I don't want to sound negative on it, because I do want to see this succeed. Commissioner Suarez: Me, neither. Vice Chair Russell: I want it to get a chance to get to the voters so we can really hear from them: They want a hotel; they don't want a hotel; and if they do, we're going to do it in a good way; and if they don't, you'll have a clearer picture from them. But I don't want it in limbo .fbr next few years. So, you know, we've got a motion to defer the item. I think we've got some diligence to do between now and the 27th. We absolutely can pass both things on the 27th. Mr. Tachmes: I -- Vice Chair Russell: We can. And there -- City of Miami Page 55 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Tachmes: Mr. Vice Chair, I -- Vice Chair Russell: -- won't be any violation of process or illegality with regard to it. Mr. Tachmes: -- strongly recommend you instruct the City Attorney today. She's told you she needs two meetings to do this. So if you don't do it today, and you don't meet again before September, you blow the elections deadline. So you -- it's -- again, there's no obligation for you to say -- instruct her to proceed. You can come back on the 27th and just throw everything out the window; there's no obligation. Why wouldn't you do that? I mean, if you do it -- if you try to do it, and she's telling you that it's going to take two meetings, you're done. Ms. Mendez: Now, let's just clarify this then for the record. Commissioners, you are all fine with having both items on the next agenda. This is something that you're fine with. I just -- we need to put this on the record then so that there is no question that it was improperly placed, or what have you. You all have read the material; you want some more time. And if you are fine with that, then it needs to just be clear for the record that that's how you want to proceed, and that I am not doing anything that you did not instruct me to do. Chair Hardemon: All right. Well -- Ms. Mendez: That is what I would -- Chair Hardemon: -- it's been properly moved and seconded. Is there any further discussion on the motion to defer it to the next agenda, including the language -- or possible language for the ballot? Ms. Mendez: So you will not be offended if I bring the other language -- Mr. Tachmes: So -- Ms. Mendez: -- stating to put it on the ballot? That's all I need permission from you. Chair Hardemon: Just bring a big, red pen. Mr. Tachmes: Mr. Chair, just to clam then, so we can do it then on the 27th? Madan City Attorney, the whole thing could be done without the need for another meeting? Vice Chair Russell: Correct. We'll have two items. Ms. Mendez: So we'll hear the -- "Madam City Attorney instructs you to draft," and the ballot there, but it just needs to be clear -- and the ballot language. We just have to hear them in order. They have to be two separate items. Mr. Tachmes: Okay. Ms. Mendez: And the Commission is saying that they are fine with it at this meeting, and are allowing it to be placed in the other one. Mr. Tachmes: We can finish at the next meeting completely, if they vote in favor? M. Mendez: Yes, yes. City of Miami Page 56 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Tachmes: Okay. Thank you. Ms. Mendez: If they decide to vote that way. Mr. Tachmes: Thank you. Thank you. Chair Hardemon: Any fitrther discussion on the motion that's on the floor? Nathan Kurland: (UNINTELLIGIBLE). Chair Hardemon: Yes. Yes, sir. Commissioner Suarez: Of course. Chair Hardemon: Yes, sir. Mr. Kurland: (UNINTELLIGIBLE). Commissioner Suarez: You got to come to the mike, Nathan. Commissioner Carollo: Come to the podium. Commissioner Suarez: You got to come to the mike, buddy. Vice Chair Russell: He's trying to be the peanut gallery. Chair Hardemon: Yeah. Mr. Kurland: Normally, I start out with something amusing, but I wasn't amused today. My next -door neighbor came up to me this morning and told me that he was addicted to brake fluid, and I told him the one good, positive thing was he could stop anv time. Commissioner Gort.• And you are? Mr. Kurland: My name is Nathan Kurland, 3132 Day Avenue. Thank you, Commissioner. Commissioner Suarez: I was wondering about you (UNINTELLIGIBLE). Mr. Kurland: I just wanted to make sure, Mr. Chair, that we will -- the public will be offered a time to speak during the particular object under discussion, which is the hotel. Chair Hardemon: You know, we normally -- how we do our public comment. Mr. Kurland: I do. Chair Hardemon: However, as always, as the standing rule, if there is a great need for a member of the public to speak and the board finds it necessary, they will be allowed to speak. Mr. Kurland: I have that great need. Chair Hardemon: Right. Mr. Kurland: Would it he possible to speak two minutes today? City of Miami Page 57 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Well, today, on this -- Mr. Kurland: Right now. Chair Hardemon: -- on a deferral? Vice Chair Russell: On a deferral. Mr. Kurland: Yes. Vice Chair Russell: On deferral. Chair Hardemon: You want to speak on a deferral? Mr. Kurland: Yes, because it has to do with what's coming back on the 27th, and if given your permission, I would love to speak on that. As Commissioner Russell fairly pointed out, stakeholders should be given the opportunity to voice their opposition or pleasure at a particular project. We do not have a history of that. The residents of Coconut Grove, 10 of 11 precincts, voted against the shopping center parking garage, and the redoing of Scotty's, and the Chart House, and yet, we had nothing to say regarding this being put in our neighborhood by other people outside of our neighborhood. The Bayside Marketplace, 103-foot bungee jump is supposed to he one question per ballot question. That ballot had additional 72,000 square feet, two more floors of parking 103-story bungee jump. I mean, it was supposed to be one question. When we tried to file a lawsuit, we found out that we, the residents of the City of Miami, who own this property, are -- we don't -- we're not -- we had no standing. Why an owner of a particular property has no standing, I don't know, but that seems to be the history in the Third DCA (District Court of Appeal). I would just like to make one point clear: That if we're going to put a ballot question on the ballot that we do not frame the ballot question like we framed issues corning on this agenda, because without a college degree, you can't even tell what many of the things you're discussing are all about. Can this ballot question just say, "Do you favor a hotel or do you not?" Can we make it in English so that people actually know that we're voting on one question and one question only? Unfortunately, it gets so obfuscated here -- that means "hard to understand, " for those of you who may not know. Commissioner Suarez: What is that? Are you talking English? Mr. Kurland: I practiced that word all day. Chair Hardemon: I would have skipped that question on the ballot. Mr. Kurland: I would just like to make sure that whatever we decide to do, it's -- people can understand the question, and that there's only one question per ballot question. Thank you for the time, Commissioner. Chair Hardemon: Thank you, sir. Any further discussion on the motion to continue -- or defer? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion shall carry. Mr. Tachmes: Thank you. City of Miami Page 58 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.6 RESOLUTION 2576 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER ENTITLED "CITY -OWNED PROPERTY SALE OF LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE AN AMENDED AND RESTATED LEASE WITH HYATT EQUITIES, LLC, TO EXTEND THE CURRENT LEASE TERM TO A TOTAL OF NINETY-NINE (99) YEARS, WITH AN ANNUAL BASE RENT PAYABLE TO THE CITY OF MIAMI ("CITY") OF AT LEAST TWO MILLION DOLLARS ($2,000,000.00), PLUS ADDITIONAL PERCENTAGE RENT FOR OTHER USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, TO BE REDEVELOPED PURSUANT TO A COMPREHENSIVE REDEVELOPMENT MASTER PLAN INCORPORATING THE JAMES L. KNIGHT CONVENTION CENTER LAND REQUIRING CITY COMMISSION APPROVAL. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item RE.6, please see "Public Comment Period for Regular Item(s) " and item RE.8. Chair Hardemon: All right, so we're done with our PZ (Planning & Zoning) agenda. We'll move back to our regular agenda. I guess we can start with RE.5. Daniel 1 Alfonso (City Manager): Mr. Chairman, if I may request, in briefings this week, in meeting with Commissioner Russell, he has clarified for us an idea as to how we should develop the Hyatt property, and I want direction from the Commission on that item. If the direction is to follow along those lines, we will need to withdraw this item and continue discussion with Hyatt for future development, but it would not be on this agenda. So I would like the Commissioner to explain to all of us exactly, so we understand how he would like that space to be developed. Vice Chair Russell: I've got a small -- a few slides to show here for the public and for the Commissioners. Chair Hardemon: We're bringing our attention to RE.6. Vice Chair Russell: So, if you can picture from the Brickell Bridge on the Miami River to the Metromover Station at Fort Dallas Park, this is a jewel of an asset that City of Miami Page 59 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 the City holds. We have all but one -- control of all hut one piece of that vast property there. Currently, the Hyatt Hotel, the Knight Center -- Convention Center, and then there's a hotel that we don 't own, a very -- a thin one right there, and then the Fort Dallas Park. There has been recent interest in redeveloping the Fort Dallas Park and the historic structure; that's coming along well. How we move forward with Hyatt. They have a few years left on their existing lease, then they have some renewals, but as happens in a lot of these long-term leases, the building itself is not up to par anymore. A lot of work needs to be done. It's not the jewel of a hotel it should be for our community. And so, I know that the Manager and our Real Estate Asset Management team had been working for quite some time with the Hyatt to put together a new deal, and that's what we're looking at today. It has a extension on their lease; it has an extension of their footprint to where they would completely assume the Knight Center, and it would involve basically raising the entire thing; destroying the entire thing and starting from scratch on a new plan. As I've said for the last year -- and this is a point of contention I've had with the management -- is at what point does the public get brought in? At what point do the Commissioners get brought in to represent the public, and generate the policy through which we will move forward with these projects and plans? And I've said, "I want to know what's coming down the road." I don't know how many times I did that. I want to know what's way down the road; not just before we vote on it. The first time this was brought to me was April 19; I was given a briefing on basically the deal already done with. Hyatt, and I expressed at that meeting my goal to see green space included in the redevelopment. We've had two subsequent discussions here on the dais with regard to this, wondering -- which I even held up a photo and talked about it -- the potential for this to be a multimodal transit hub of water taxis; the Metromover, which is already there; the bay walk, which should be developed, and a transformational park for that section of downtown. If you can picture coming from 1-95 into downtown, there is a downtown distributor -- it's called "Viaduct" -- that takes cars and drops them right at the Brickell Bridge. It's a big part of our congestion issue that's down there. That could physically come down much earlier if the willingness of FDOT (Florida Department of Transportation) were there, and we plan this entire thing out properly. It's not a lot of reconstruction. It's really removal of the viaducts. And then there are already existing roads that come down at Miami Avenue. All of it, all oft--95's drop-off could come down to Miami Avenue, which would then lead into this property; instead of dropping it right -- everybody right at the Brickell Bridge. So I was told, `Don't worry about it. We're going to have a master planning process after this, after we vote on it, after the public votes on it; then we'll have a master planning process in which we can inject the green space." But I've said all along, our partner needs to know what we're expecting of them to see if they're still on board with that, to see if this is something that they can work with, so I've asked about it. "What is it? What is it?" And so, I've been told, "Don't worry; the master planning will come down the road." In those discussions that I was having on the dais about looking to see a park, Bernard Zvscovich came to my office and said, `1 heard what you said on the dais. Did you know we've already done a master plan for that area?" And he brought the plans of almost 10 years ago that were developed for downtown, recognizing that that viaduct, which you can see on the screen going through there, splits the rest of downtown off from this river district, which could be a very vital and vibrant area of downtown. And the concept, you can see what it looks like now on the left, and what this rendering from that master planning process, which ended up to being the cover of a book on urbanism, involves. If we ever had the chance to redevelop that Hyatt site, what would you do with it? And in this particular case, you've got the hotel pushed to the north side of the lot, giving them an entire front park and garden amenity, and a better view down toward the river, but still giving them a significant pedestal for parking, ballrooms, conference rooms, and everything, and plenty of tower space for a first-class hotel for downtown. This would involve a couple things. And part of this concept 1 like, and part of it I'm not crazy about. You can see, you've also got a street going here City of Miami Page 60 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 on the right side, which bifurcates between the hotel and the park. If you could go to the next slide, please. So these are taken from that master plan, and this is basically an aerial view of that exact concept that was vetted out 10 years ago. This is one of the options that was presented. And you can see right where the words "Miami River" are, that block right there is the Hyatt, the Knight Center, the Fort Dallas Park, and you can see the number 8 and the number 2 there. Number 2 is the proposal of where the Hyatt would be, and number 8 is an open space green park. By complete coincidence, this master planning that had been done 10 years ago falls very much in line with what my hopes of a park and green space could be. It could honor our history that could really welcome the area. You've got Fort Dallas Park; it could become our Julia Tuttle Park, for all we, you know, could decide. Who knows what it could be. Chair Hardemon: You have to name it after Tequesta Indians. Vice Chair Russell: Well, to make up for Fort Dallas and what that's named after, all right. So -- if you could go to the next slide, please. This is just a napkin drawing of mine in order to accomplish this. Basically, you've got the lot here, as we have it now. It could get bigger than that, because f you see to the left of this is this River Park Inn or the Clarion Motel, which is not under our control; and then to the left of that, we do have control. But what we know we're dealing with in this particular discussion right now about Hyatt is everything from that little Southeast 4th Street that winds along the downtown distributor -- you can picture it -- and it comes in line with Brickell Avenue. It's a labyrinth of streets in there. It's not very well organized. It's not very well planned. But that's a city street in there, and we could potentially vacate that street, move Hyatt against the distributor, petition FDOT to get rid of the distributor, and then you'd have -- right where Biscayne Boulevard Way -- you see on the right here, that's where you come off the Brickell Bridge and you turn right toward the Epic and everything there. That street could line up with a grand paseo that goes along the edge of this park. You can picture this in the cities of Europe, under the Eiffel Tower; broad walking spaces that are well lit, with shade trees that are basically the entrances to large and welcoming parks; and then everything south of that to the water's edge would include the river walk, the greenway, as you'd call it; and this park, which can yet be designed, but this leaves to the north of that 220 feet from north to south, on the east side of the project, for Hyatt to develop, and on the west side of that lot would be 190 feet north to south. This is as big or bigger than what the JW Marriott has across the street, that block. This is a very significant piece of land on which to develop a sufficient Hyatt Hotel that could service downtown, be world -class, and have one of our greatest parks. This is not an idea just being pulled out of the air. This has been master planned. It should be vetted with the public. It should be something that the Hyatt is very willing to consider. I don't think bringing this idea into play should completely cancel the idea. I don't think -- unless Hyatt looks at this and says, "Listen, we're gone. This doesn 't work. for us, and we don't want to talk," which I think would be a premature -no," because it's a negotiation. They should be at the table. We should be talking about the potentials. What would the size of that park be? What would it be? But if it's a non -starter for them, then it's a non -starter for me. And I believe that -- I haven't heard that from them, so I don't want to put words in their mouth. I really believe their probable intention was thinking that they had the entire property to develop for a hotel use and business space and convention use, but I was only brought in the discussion after the deal was pretty much made, so these dreams of the City that I would like to start talking about never had a chance. Well, here we are today, and this is the chance. Ifit's going to get on the ballot this fall, I'm going to say that there would need to be an amendment in here requiring this green space that's developed with a hotel partner. This could also be an incredible staging area for other projects in the vicinity. If we start move -- getting forward movement on the tunnel, you've got this entire area along with river here now which can stage and City of Miami Page 61 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 develop the construction for not only that hotel, hut the tunnel and bridge improvements and whatever. This is thinking big, hut this is what we need to do. And I'm willing to go to the table with the Hyatt, if necessary. If they're not interested, I'm willing to look for new partners, but I don't think that's necessary. I'd like to work with them. 1 think they've been a good partner. 1 think they can be the right future partner for here. And 1 think -- once they study the numbers and we negotiate a little, 1 think that they'll see the benefit of having this jewel of a green space in front of their hotel on the river. For the Manager to tell me that this just kills the deal right out, I think that's a shame, because I've been asking to talk about this park and the plan, and how this park could be involved for quite some time. I just haven't been at the table enough to do so. I've only met with Hyatt the one time. So that's where I am on this item. If there's a way for it to move forward with this involved, and then an incredible campaign of public input, I'm -- you know, I'm not opposed to this trying to get on the ballot for this fall, if it's fully worked out. That doesn't even take into account the financial issues of appraisal and projections with regard to this hotel, and so I know that the whole dais will be interested in chiming in on that. But this is the part that I was injecting; that the Manager's concern that may put the project in jeopardy altogether, so I wanted to lead off with that. Thank you. Daniel J. Alfonso (City Manager): Commissioners, these changes are significantly different from what we had thought, obviously. We have no objection to continuing the discussion with the Hyatt group. My only statement is that this will not be resolved over the next few days, so there's no time to really get this on the agenda. So I would just respectfully request to withdraw this item, and we will continue discussing with them, and that will be a future development of the City. Chair Hardemon: When does the -- their lease expire? Mr. Alfonso: The initial portion -- Is it eight years? 2028, the initial portion, and then they have two extensions beyond that of -- 50? 50 years beyond that. Vice Chair Russell: Now, those are -- Chair Hardemon: But the -- Vice Chair Russell: I'm sorry. Chair Hardemon: -- initial expiration, we can terminate -- Mr. Alfonso: No. Chair Hardemon: -- if we (UNINTELLIGIBLE)? Mr. Alfonso: It's at their option, I believe. Correct? Chair Hardemon: Their option to extend? Mr. Alfonso: It's their option to extend. Chair Hardemon: Vice Chairman. Commissioner Suarez: Mr. Chair. Vice Chair Russell: I -- you know, if it stays at -- in its current state, it's untenable for beyond that eight years. 1 think they know and we know it needs to be redeveloped. City of Miami Page 62 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Alfonso: What's that again? Okay, so 2023, and then 45 years remaining after that. Vice Chair Russell: All right, 2023 is right around the corner. Mr. Alfonso: Correct. Vice Chair Russell: And I think it's decision time for us, together, as partners. Mr. Alfonso: Right. The 2023 will be a decision time, but it is their option. So if they choose to keep it, they keep it. If they don't, and they want to redevelop at that time, then we can introduce all these ideas, or we can continue to talk about these ideas, and it could be a next -year item or the year after. Commissioner Suarez: Mr. Chair. Go ahead. Go ahead, go ahead, finish. Vice Chair Russell: Yeah. I do want to stay at the discussions. I don't -- you know, if this changes the wording and the negotiation of the deal, and the percentages and everything, you know, enough that we need to go back to the table, then that's where I am. We still have time leading into the sunset of the initial term. If for example, we can come to an agreement, because they want all of the property, including the Knight Center. which they're not entitled to, by the way -- you know, in an extension, that's an additional, very large piece of land that we're including in the deal. You know, what would they be able to do with the property as it is under the current extensions? Not much. The hotel really needs reinvestment. It really needs redevelopment. So I don't think either party is in a position to just leave it status quo. I don't think it's very tenable for them to trigger the extensions with the property in its current state without their ability to get extensions to the lease that would allow them to finance the improvements that would be needed. So I think we're at a point where we do need to come together. I would have liked to have had this discussion earlier, leading up to now, but it's not enough for me to say that there'll be a master plan at some point in the future. It's the cart before the horse to say that we shouldn't at least put the minimum requirements of what we're expecting to see from this property as it gets redeveloped in this ballot language. And I think it actually would help the ballot language pass with the public to recognize that this is an amenity that they'll be bringing, and not just a financial transaction to improve the hotel that they have. So I'd -- if it's necessary to withdraw the item, I'm open to that. I'd like to hear from the other Commissioners, their thoughts on the process. I don't know that we were ready to go on this to start with, with regard to the appraisals, because I don't know that we've gotten the appraisals yet for financial projections on this, but that's where I am, gentlemen. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. I think, unfortunately, this one is just not ready. If we go in a different direction -- which I actually love the direction that you're going in, because, number one, I think the I-95 distributor is a huge problem for downtown. I work across the street at the JW Marriott building, so I experience it every, single day. And I do think that there isn't sufficient -- or there hasn't been sufficient discussions with reference to staging for the tunnel. I don't think there's an urgency to do it now, and I don't think you can reconfigure the deal in two weeks with appraisals and all the things that have to be done to ensure that we're getting fair market value for the deal. So I would second the withdrawal. Commissioner Gort: May I (UNINTELLIGIBLE). City of Miami Page 63 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Commissioner Gort. Commissioner Gort: Has anyone talked to DOT (Department of Transportation) about the -- closing that --? Mr. Alfonso: No, and that's why -- There's a lot of issues here. You got the FDOT right-of-way; there's an FPL (Florida Power & Light) electrical facility on the corner, so there's a lot of discussion to be had. That's why we don't believe that this could be resolved in a couple of days or weeks, so it is best to -- if we're going to follow this idea as -- it's a wonderful vision; I'm okay with it, but it would require further discussion (UNINTELLIGIBLE). Commissioner Gort: No, I understand. The second question is, the Knight Center used to belong -- it was a contract with the University of Miami; am I correct, and not with the Hyatt? Mr. Alfonso: The Knight Center doesn't belong to the Hyatt. The Knight Center is City of Miami. Commissioner Gort: It's ours? Mr. Alfonso: Yes. Vice Chair Russell: There was a deal with the University. Commissioner Gort: It was a deal that we were going to do with the University of Miami, and it was going to pay for itself, it never did. The second is, my understanding is, where you proposing the park, I understand there's a place there for the Indians. Vice Chair Russell: The Miami Circle. Commissioner Gort: No, no, no. The Miami Circle across the street. Right here in the Hyatt, they found some bones in there, so you got to look at -- right next to the park, my understanding, there's a little area that cannot be built or anything, because there has to be grass in case they have to go back in, so you have to check on that also. Mr. Alfonso: We'll have to look at that. Commissioner Gort: Okay. Okay. Chair Hardemon: If I may, it's a beautiful vision. It reminds me of when you think about -- And what's special about Chicago, in their downtown area, they don't build directly on the waterfront; partly, so that people who come to the area -- anybody, no matter how much money you have -- you can experience the waterfront and enjoy it. So, you know, it's a wonderful vision to have, and I think you're right in the sense that this is the time to really start to express that vision, so, I mean, it's certainly worth looking into. When I think about some of these things, you know, they're 99 years long, so, you know, I won't be here when a lot of these things come up again. Commissioner Gort: I know I won't be here. Vice Chair Russell: This is our chance, though. Chair Hardemon: So -- City of Miami Page 64 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: This is our chance. Chair Hardemon: Yeah. And so, I think that's special, to he able to leave this type of legacy for the community, so it's a good thing to look into. Vice Chair Russell: One last comment to Commissioner Gort's question about FDOT. They've been a very good partner with us on working on the Brickell Bridge alleviation and the different issues with regard to that. I'll be glad to bring this up with them about changing the downtown distributor, but with or without that change, this plan does work. The Hyatt can still abut the distributor, even as it is, if we vacate Southeast 4th Street. The elimination of that viaduct would just be a bonus, honestly. It would really help with the congestion, and give them a better grand entrance into the Hyatt, as it were, but it's not contingent. We could still forward this plan even without FDOT. Commissioner Gort: That idea was -- goes back 10, 15 years; not only here at the -- this area here next to the Hyatt, but some of the other places where they were trying to cut it to come down before to create -- to avoid the traffic on Biscayne Boulevard and some of that, so they have studied that, and they have that on their mind. I think the Hyatt should be able to look at this, and it could be a very. -- better deal for them. It could be something more attractive. Mr. Alfonso: Well take it to them. Commissioner Gort: So there's a motion. Vice Chair Russell: Thank you. Chair Hardemon: So if -- Vice Chair Russell: It's withdrawn. Chair Hardemon: I'll take the Vice Chairman's -- his discussion as a motion, and Commissioner Suarez as a second, and the item will be withdrawn without objection. All right. City of Miami Page 65 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.7 RESOLUTION 2297 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO Estate and Asset PREPARE AN AMENDMENT TO THE CHARTER FOR Management CONSIDERATION AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER ENTITLED "CITY -OWNED PROPERTY SALE OF LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING, AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA LLC ("BAYSHORE MARINA") FOR CITY - OWNED PROPERTY LOCATED AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY") TO MODIFY CERTAIN PROVISIONS OF THE LEASE AS STATED HEREIN, INCLUDING THE EXTENSION OF THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS, WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.00] OVER THE BASE TERM OF THE AMENDED LEASE EXCLUDING RENEWAL OPTIONS), OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS DERIVED FROM THE PROPERTY; WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY, INCLUSIVE OF SIGNIFICANT CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF APPROVAL OF THE FIFTH AMENDMENT BY THE ELECTORATE, THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT TO THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,000.00) OVER THE FULL AMENDED LEASE TERM INCLUDING RENEWAL OPTIONS, IMPLEMENTATION OF A TRANSFER FEE IF THE PROPERTY IS TRANSFERRED OR ASSIGNED, A REFINANCING FEE SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING, AND PURSUANT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ("CHARTER") SECTION 29-B ENTITLED "CITY OWNED PROPERTY SALE OR LEASE -GENERALLY," AND SUBPART A, SECTION 3 (F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS OBTAINED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; FURTHER PROVIDING FOR CONSENT TO THE RELATED SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS REQUIRED FROM THE STATE OF FLORIDA; SUBJECT TO APPROVAL OF THE AMENDMENT BY REFERENDUM, CONSENT TO THE RELATED SUBMERGED LAND LEASE, AND WAIVER OF DEED RESTRICTIONS BY THE STATE OF FLORIDA; WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE FIFTH City al Miami Page 66 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 AMENDMENT. ENACTMENT NUMBER: R-17-0322 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 Note for the Record: For additional minutes referencing item RE. 7, please see "Public Comment Period for RegularItem(s)" and item RE.8. Chair Hardemon: RE.7. Commissioner Gort: We're going to have the appraisal? Chair Hardemon: And -- Daniel Rotenberg (Director/Department of Real Estate & Asset Management): RE.7. Chair Hardemon: --, for time sake -- Commissioner Gort: Do we have the appraisal? Chair Hardemon: -- the same thing that I said earlier about the percentage, I proffered it to this, as well, the ballot; any development deal that's going on the ballot. Mr. Rotenberg: We can let the developer address that. But Commissioner, RE.7 -- Commissioners, RE.7 -- Daniel Rotenberg, Department of Real Estate & Asset Management. This is the resolution directing the City Attorney to prepare referendum language for a lease extension for the Aligned Bayshore Marina down the block from City Hall. I don't know whether or not I've had this time to speak with the developer about the percentage to go to the affordable housing; I will, and I will make it a priority. Chair Hardemon: He haven't received the -- well -- Vice Chair Russell: Are we on RE.7? Chair Hardemon: Yeah. We're on -- Is there someone who's speaking on the behalf of the developer, for RE. 7? I want to recognize you. Melissa Tapanes-Llahues: Good afternoon. Melissa Tapanes-Llahues, with the law firm of Bercow Radell Fernandez & Larkin, at 200 South Biscayne Boulevard, Miami. I'm here representing Aligned Bayshore Marina, LLC (Limited Liability Company), the lessee of 2550 South Bayshore Drive, Miami's iconic Monty's Coconut Grove. I'm here with Jose Hevia, the principal of and president of Aligned Bayshore and principal of Prime Marina Group, and owner and operator of mixed use destination marina properties in key geographic locations along the eastern seaboard. We're prepared to make a full presentation or a brief one, or answer any questions; it's at your pleasure. City of Miami Page 67 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Thank you. Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: So I -- 1'm very thankful to the developer who's been very open with me for the last year. I'd say we've been meeting about this issue and discussing, you know, what their investment is, having taken the lease over from a previous owner and the investment that they've put into it; knowing that the investment they've been putting into it is at their own risk, because if we do not agree to the extension of this lease, they are out this investment. And the extension is necessary in order for them to finance the improvements that they're already making. And if you've been down to Montv's here in the Grove, you've seen a new Sushi Maki there, you've seen a Starbucks there, you've seen new pavers, open space; they've got further plans to open up the area to the views of the bay. These are all things that I'm in favor of and I believe the community are in favor of, as well. It's our job now to make sure that it's a good deal before it goes to the voters. And I believe we're a little further along on this one than maybe some of the others, because we do have appraisals on this issue. If I understand correctly, we have two appraisals. Mr. Rotenberg: We do. We have two appraisals. Vice Chair Russell: And one of them came in a little bit below what the projection is of what we're looking to get, and one of them came in above, if I'm not mistaken. Mr. Rotenberg: The one -- one of them that came in below, we still have, again, factual issues, different appraiser, but we review them. If the opinions are off it's one thing. This has some factual issues. I believe that we're looking at a $1.5 million appraisal, based on the two of them, with the corrections that will be coming. Vice Chair Russell: Right. Mr. Rotenberg: Fair market value. Vice Chair Russell.' But the revenue the City is going to generate does not have a minimum requirement; it's just by straight percentage. And so, I'd like to make an amendment that we do include a minimum rent; that in 2019, it starts at 1.5, which is probably the average of the two appraisals, I'd say, because one of them was over 1.5; one of them was under; but 1.5 I think is a good number, and I've spoken with the developer, as well. This would be an instituted minimum; and from there on, the average steps would kick in. What is it? The average of the previous three years would step in as the raises to the rent from that point forward; am I correct? Mr. Rotenberg: Correct. Vice Chair Russell: So that's -- so I'd like to move the item. I'd like to amend that to be in there. Commissioner Suarez: Second. Vice Chair Russell: And beyond that, I think we can move on to the next step on this project. Commissioner Suarez: Second. Mr. Chair, can I be recognized? Chair Hardemon: Um -hum. Commissioner Suarez: Thank you. Yeah, 1 think this deal is different -- City of Miami Page 68 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Wait. Before you go too far into praising the deal, I know I want to get a response at least about the percentage. I mean -- Commissioner Suarez: Go ahead. Ms. Tapanes-Llahues: We accept, absolutely. We've been in communication -- well Jose Hevia: Mr. Chairman,1 think -- Chair Hardemon: Yes. Mr. Hevia: Jose Hevia, president of Aligned Bayshore Marina. Mr. Chairman, the minimum of rent that's been spoken at 1.5 is a sizable increase to where we are today. And thinking this through, from your comments earlier, Mr. Chairman, we'd like to -- for you to consider -- and the Chairs to consider -- the board to consider $25,000 a year, which, over the 50 years, would be a million, two hundred and fifty. It's a recurring amount of money. You could cap that at a number, and you could draw against that number, so. Vice Chair Russell: To go toward? Mr. Hevia: To go towards the fund that the Chairman -- Commissioner Suarez: Single-family residential. Mr. Hevia: -- Yeah. Commissioner Suarez: Right. Vice Chair Russell: I just wanted to clad it, because it wasn't (UNINTELLIGIBLE). Mr. Hevia: I'm sorry. Chair Hardemon: The -- for the extension, it's an additional -- what? -- 200 -- is it $200,000 over the current base rent? Mr. Hevia: Well, today we pay 1,000,160, and what we're talking about is 1.5 million, so it's 360,000; and it's percentage, so it grows as our gross grows, which is -- we're optimistic. Chair Hardemon: Right. So -- and the point that I'm making -- I guess the point that I'm coming to is that if you created a minimum, you know. deal -- I'm sure you've done the financing to understand that that's your floor, so at the -- I don't want to say at the worst times, but, you know, when you're least performing, you should be able to at least meet your minimum rent. Everything from there, you planned on, you know, greatly exceeding, I'm assuming. Mr. Hevia: If the gross revenue -- so the way it works is the minimum is 1.5. If'we do better, the way the lease is now structured in the amendment would be 11 point -- 11 and three quarters on the office building, 11 and three quarters on the restaurant, 16 and three quarters on the marina. No one pays that kind of rent. And so as the revenues grow, what we pay in rent grows. What we're establishing now with Commissioner Russell's suggestion is a floor of 1.5. City of Miami Page 69 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Understood. So what I'm thinking is this -- and maybe Commissioners, we can help -- say, for instance -- say we accept that $25,000 that they want to give per year. I don't think that's a lot. I mean -- but it's 25,000, right? And say one of the percentage points that they're giving us on a gross rent, et cetera, may be from -- on our end, we can say, "Okay, let's dedicate that towards the fund," so that 25,000 plus 1 percent (UNINTELLIGIBLE). 1 think the gross receipts is like 7.5 percent. Mr. Hevia: The gross currently that the property is generating is approximately $11.2 million. Chair Hardemon: But the percentage is 7.5, correct? Mr. Hevia: The percentage is on -- so the revenue sources -- I'm sorry if I'm being redundant. Chair Hardemon: You're not. Just go ahead (UNINTELLIGIBLE). That's fine. Mr. Hevia: No. The revenue sources are from three points. Chair Hardemon: Right. Mr. Hevia: The restaurant, the marina, and the office building. It's currently 10 percent of the office building, 10 percent of the restaurant, 15 percent of the marina. Those are all going to jump up one and three quarter; 11 and three quarter 11 and three quarter, 16 and three quarter. Chair Hardemon: So maybe what we could do is like a third, a third, a third. Daniel J. Alfonso (City Manager): Right. So Mr. Chairman, if I may propose something. The percentages go up. They offered $25,000. That would be beyond that percentage, right? Mr. Hevia: Yes, sir. Commissioner Suarez: Correct. Mr. Alfonso: Okay. Mr. Hevia: Yes, sir. Mr. Alfonso: So we take that 25,000; thank you very much. If the Commission wants to designate, you know, half a percent so it's 11 and a quarter; and then the 11 and three quarters, the other half goes to that fund, we can work that out. Commissioner Suarez: What was that? What was -- how is it? Mr. Alfonso: So the rent is supposed to be 11 and three quarters. Commissioner Suarez: No, I got that part. I got that part. Mr. Alfonso: So half of a percent -- so 11 and a quarter then goes to the general fund, for lack of a better word; the other half a percent goes to the fund -- Commissioner Suarez: Got it. Mr. Alfonso: -- plus the -- City of Miami Page 70 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: That's what thought. Mr. Alfonso: -- $25,000. Commissioner Suarez: Yeah, yeah, yeah, yeah. I'm cool with that. I'm good with that. Mr. Alfonso: Right. Commissioner Suarez: Yeah, I'm good with that, and I think part of reason why -- and you're absolutely right; you sort of anticipated where I was going -- that this deal is much, much better than the other ones is because the percentage of gross numbers are dramatically more. Chair Hardemon: Right. Commissioner Suarez: They're higher. Plus, we have the appraisal, which is what we were waiting for on the other deals to make sure that we have a base minimum rent that takes into account fair market value, and two appraisals; not one. So I do think it's different. I can live with the half a percent, plus $25,000. I think that's fair. I think that's good. It also -- we do have to be mindful of the general fund, because, you know. we are trying to grow the general fund; and we do have, you know, responsibilities going forward, and this is a long-term commitment. So I'm fine with that. Vice Chair Russell: All right. So that would be in a second -- an additional amendment to it. Commissioner Suarez: Exactly. Vice Chair Russell: And what's the name of the fund it would be going to? Chair Hardemon: We haven't identified a -- Commissioner Suarez: SFR rehab. Chair Hardemon: -- (UNINTELLIGIBLE) yet. Commissioner Suarez: Single-family rehab fund. Chair Hardemon: We haven't done a name. for it yet, but -- Commissioner Suarez: In CDBG (Community Development Block Grant) areas. Chair Hardemon: -- I understand the spirit. I'll come up with a name. Commissioner Gort: I think we had a name from (UNINTELLIGIBLE). Mr. Alfonso: We'll work an account number, I'm sure. Commissioner Suarez: Yeah, yeah, yeah. Commissioner Gort: Yeah. Commissioner Suarez: Yeah, yeah, yeah. City of Miami Page 71 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: We got to make it a name that's (UNINTELLIGIBLE). Commissioner Suarez: B-01134. Commissioner Gort: We got to make sure we have the right place where it's going to go. Commissioner Suarez: Yeah. Ms. Tapanes-Llahues: Mr. Chairman, just to confirm what the Manager mentioned, that this -- these funds come out of the one and three quarter percent, so you're just saying how you're going to divvy it up. Chair Hardemon: It's coming out of the percentage that you're already paying us -- Ms. Tapanes-Llahues: Perfect. Chair Hardemon: -- so it's not on top of it. Ms. Tapanes-Llahues: Yes. Chair Hardemon: The 25,000 -- Ms. Tapanes-Llahues: Just wanted -- Chair Hardemon: -- is on top -- like I said, I don't think that's a lot. I think 25,000 - - you know -- but certainly in -- where we are today, I appreciate the kind gesture towards making it work, and I appreciate my colleagues in trying to find a way to come to some resolution about this. The meeting that I had with the gentleman -- I mean, I would love to be able to say, "We're going to identify some monies to help you bring your property, you know, back to where it needs to be." And I'm sure there's a lot of us in our districts that we know some houses that really need the help. So, you know, you'll be a part of that. I just -- I look forward to seeing the success that you have and all the developers have pour into the neighborhood. I think that's - - it's a good way of -- Commissioner Suarez: Amen. Chair Hardemon: -- putting that. Commissioner Suarez: Amen. Chair Hardemon: Any further comments? You're a citizen, sir; last time I checked, at least. Joe Carollo: Thank you, Mr. Chairman, Mr. Vice Chairman, members of the Commission. It's good to see that we have a partner, a leaseholder, that's being responsible, that's being fair, and is not coming here to take advantage of the residents of Miami, like I've seen happen so many times in the past. And I appreciate that, because this particular lease pays more than just about every other lease we that have for the same service, whether it's restaurants, marinas, or office space. This one's different than the other two that you dealt with earlier, and those I have some issues with that I won't get into; I'll address this one. This one, on top of getting top dollars, we're also getting an additional percentage and three quarters. And even with that -- and I think this should be telling to this Commission -- out of the two appraisals that are required under Charter, hack when we got the Charter amendment passed in '87, even one is telling you that, "Hey, doesn't think that it's City of Miami Page 72 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 fair market value; that you're a little off still," and you should take that into consideration with others that we have. But the point that I want to go into is that what -- the leaseholder offer should be the standard for this Commission here on that -- well, first of all, you should always get a minimum, if I may suggest that, from any lease you're going to give or renegotiate; and at the same time, that you have a percentage increase. I appreciate that he offered a flat amount in dollars, but we should put a percentage increase of the minimum due payment to the City, which -- with the amounts that he's given, I will tell you that it'll be almost impossible for him not to meet that. So I would suggest to you, first, that instead of just taking the 25,000, maybe you put in a 2 percent, that's 30,000; or two and a half that's 37-5 increase every year, and you use that for other leases in increasing the minimum amount every year that they have to pay. Secondly of all, once someone -- in his case, I think he's done most of the work already, if not all -- gives you an amount -- here, it's seven and a half million dollars -- that they're going to spent [sic] on the project, that they're going to put into the project, and they're saying that they're going to do it in "X" amount of time -- here, it was three years -- that you put some stiff penalties, and you make it again a standard on all leases; that if they don't meet that, every month they're going to pay "X" amount -- and it's going to be steep - - until they keep their promise to us, and that's the only thing that I have to say in here; that instead, first of all, taking the direct 25,000, put a percentage. This way, you could, more or less, use that for other leaseholds in the City, and have something to look at; and then put some kind of penalty on when they're going to finish, putting the seven and a half million dollars in there; that they don't finish by the time they said, each month there's a kicker, and they're going to have to pay a steep penalty. Thank you. Chair Hardemon: The -- thank you very much, sir. I forget the name of it. Is it the cost of living increase? What's the percentage increase --? Commissioner Carollo: Cost of living increase. Chair Hardemon: Can we apply the COLA (Cost of Living Allowance)? Commissioner Suarez: CPI (Consumer Price Index). The CPI. Chair Hardemon: Well, CPI, the CPI, because this is 25,000 for the -- you know, that amount. I mean, 25,000 today is not $25,000 tomorrow; certainly not 99 years from now. Mr. Hevia: So let's go -- and again, forgive me for being redundant again. If we break down the revenue sources, Mr. Chairman, if you look at the office building, every single one of the tenants in the office building have leases, and every single one of those leases have increases. They're either based on CPI or 3 to 4 percent annual, so it's already built in in the office. The same thing holds true with the marina. On the marina, they are leases that are only one year. Typically, they're either one month -- and this is by law, maritime law -- one month, six months, or one year. They can't exceed one year. 98 percent of our marina tenants are one year, and they all have increases as they renew every single year at 3 to 5 percent on the marina. So it's already built in on the gross. The restaurant is a different story. The restaurant, we're taking initiatives to try to increase our gross sales there, but restaurants typically, in general, really don't have those built-in numbers in it. But the bulk of what we have, which is the 60 percent of the revenues backing out the restaurant, it all has built in there minimum 3 to 4 percent. So it's already built in. Vice Chair Russell: I'm satisfied with it, as amended. Commissioner Gort: Call the question. City of Miami Page 73 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: I think we've got a good deal here with the partner with -- and implementing the minimum is the first big step. That's a big change -- Mr. Hevia: Thankyou. Vice Chair Russell: -- that -- and I appreciate you coining to the table on that, and it gives the City a lot more security, and there is an inherent and organic, and natural growth that will come with that from there forward. Chair Hardemon: Any fi'rther discussion? Would you like to say something, sir? Frank Pichel: Yes. Thank you, Mr. Chairman. Frank Pichel, Mayor's staff in Code Enforcement. I like the idea that you propose for that fund. May I make a suggestion? I don't know where the funds go from the fines of Code Enforcement. I think they go into the general fund. You might consider taking those funds and using it for your project. Chair Hardemon: Okay. Mr. Pichel: Because we don't -- you know, I think we collect over half a million dollars a year, and that we could help out a lot of families. Chair Hardemon: Okay. Mr. Pichel: Thankyou. Chair Hardemon: Thank you for the suggestion. Seeing no further discussion from the dais, is there -- there has been a motion; there has been a second, I believe. So the motion is on the floor. Commissioner Gort: Yes, there has. Chair Hardemon: And no further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Tapanes-Llahues: Thankyou. City of Miami Page 74 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.8 RESOLUTION 2453 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, (A) A SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION TO RE -CONFIGURE AND REDUCE SQUARE FOOTAGE AND NUMBER OF WET SLIPS PURSUANT TO BOT FILE NO.130034016 PA NO. 13-0315232-006-EM ("STATE LEASE MODIFICATION") BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE"), AND (B) THE RELATED SUBMERGED LANDS SUBLEASE WITH ALIGNED BAYSHORE MARINA LLC., AS SUBLESEE, FOR THE USE OF STATE-OWNED SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("UPLANDS") COMMENCING MARCH 28, 2017 THROUGH JULY 1, 2024, WITH AN ANNUAL PAYMENT OF TWO THOUSAND SIX HUNDRED TWO DOLLARS AND TWELVE CENTS ($2,602.12) SUBJECT TO ANNUAL INCREASES PURSUANT TO THE FLORIDA ADMINISTRATIVE CODE, AND ANY AND ALL STATE LEASE MODIFICATION PROCESSING AND RENEWAL FEE(S), IF ANY, AND AT NO COSTS TO THE CITY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE STATE LEASE MODIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE SUBMERGED LANDS LEASE AND RELATED SUBMERGED LANDS SUBLEASE RENEWALS, AMENDMENTS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT SUCH SUBMERGED LANDS LEASE AND RELATED SUBMERGED LANDS SUBLEASE RENEWALS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID STATE LEASE MODIFICATION. ENACTMENT NUMBER: R-17-0323 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: RE.5. Commissioner Suarez: Mr. Chair, can I make a suggestion? Either do all the other ones and then table this to the afternoon, or I can make another suggestion on how to dispose of them. Chair Hardemon: On the -- Commissioner Suarez: 5, 6, and 7. City of Miami Page 75 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Okay. Commissioner Suarez: Which one do you want to hear first? Chair Hardemon: You think that these will be -- will involve much more discussion; is that what you're saying? Commissioner Suarez: 1 do, number one. Chair Hardemon: Okay. We can handle other items that are less controversial, if you will, so -- Commissioner Suarez: Right. Chair Hardemon: -- on the RE (Resolution) Agenda. For instance, I'm looking at maybe RE.8, even 9, 10, 11, 12, 13, 14, 15. Those all seem to be noncontroversial, but that's up to the body. So -- Commissioner Suarez: I'm fine with that. I mean I -- subject to -- I think Commissioner Carollo wanted to table one of them, but as long as he's fine with that, I'm good with that. Commissioner Carollo: I'm going to table RE -- with -- except we mentioned we were going to table RE.9. Chair Hardemon: RE.9, that's correct. Commissioner Carollo: And I think we need to -- that CRA (Community Redevelopment Agency) budget does need to have some discussion. Commissioner Suarez: You want to table that one, too? Commissioner Carollo: Yeah. Table it or -- Commissioner Suarez: I'll move 8, 10, 11, 13 -- I'm sorry, not 13. You said -- yeah, 13, and 14, and 15. Is that what everyone agrees on? Commissioner Carollo: Let's take -- can we table RE.12 and 13 together? Commissioner Suarez: Okay. So excluding -- Commissioner Carollo: All the others. Commissioner Suarez: -- exclusive of 13, so 14 and 15. Commissioner Carollo: Yes. Chair Hardemon: So the motion on the floor is to approve agenda items RE.8, 9, 11 Commissioner Suarez: No, no. 9 is tabled. Chair Hardemon: -- 10 -- Commissioner Gort: 9 is out. Chair Hardemon: I'm sorry, I'm sorry. City of Miami Page 76 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Item 9 is tabled. Chair Hardemon: Item 8, 10, 11 -- Commissioner Suarez: 14 and 15. Chair Hardemon: -- 14 and 15. Commissioner Carollo: Yes. Commissioner Suarez: Right. Chair Hardemon: Is there a second? Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE.9 RESOLUTION 2341 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND SOUTHSIDE PLACE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), PURSUANT TO CITY OF MIAMI CHARTER ("CHARTER") SECTION 29-B(C) PROVIDING FOR THE WAIVER OF COMPETITIVE BID AND ANY OTHER CITY REQUIREMENTS WHEN CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY, WHEREBY THE CITY AND DEVELOPER SHALL CONSOLIDATE THEIR PROPERTIES TO PROVIDE VARIOUS PUBLIC BENEFITS AT DEVELOPER'S SOLE COST AND EXPENSE, INCLUDING THE DEVELOPMENT OF A NEW FIRE STATION AND A MIXED -USE TOWER WITH FIRST FLOOR RETAIL AND A PARKING GARAGE, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-17-0330 City of Miami Page 77 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item RE.9, please see "Order of the Day" and item RE.8. Chair Hardemon: Let's move on now to RE.9. Daniel Rotenberg (Director): Good afternoon, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.9 is a resolution directing the City Manager to execute a development agreement for Fire Station 4. Commissioner Carollo: And Mr. Chairman, the City Attorney is drafting some of the last-minute negotiations. It should be coming down relatively soon. Chair Hardemon: Okay. Commissioner Carollo: I could probably go over some of it, butt don't want to miss anything, so. Chair Hardemon: Yeah, I agree. Commissioner Carollo: I think it's important, especially when it comes to public safety, so I think we'll want to wait to make sure that the documents (UNINTELLIGIBLE) stated said and done. Later... Mario Garcia -Serra: Going to start at least with the background information of the deal, if you'd like. Chair Hardemon: That's fine. You're recognized. State your name for the record. Mr. Garcia -Serra: Good afternoon, Mr. Chairman, Commissioners. Mario Garcia - Serra. Law offices at 600 Brickell Avenue, representing Southside Place, LLC (Limited Liability Company); joined today by Alain Lantigua, the principal of Southside Place, LLC. It's a situation here where we have a property owned by the City, next -door property owned by my client; neither property is being used really to its maximum potential. We're looking to unify the sites under City ownership so as to benefit both property owners. Let me just take out a few exhibits here, so you can get some background information. Okay, the property outlined in orange is Fire Station Number 4. It's the City Fire Station located on Southwest 2nd Avenue, between 11 th and 12th Streets; has served the City very well for many years, but now is running out of useful life. Just to the south of that, partially outlined in yellow, is my client's property. It's a small apartment building, which also has pretty much outlived its useful life, and really is not representative of the other development that's taking place in the area. When we looked at the situation, we realized that the City's needs and our needs could be met at the same time by unifying these properties, by my client conveying its property to the City. So at the end of the day, the City owns everything that is either outlined in orange or yellow in that aerial photograph. We could build a new fire station, which is very much in need. So we would build a new fire station on the property outlined in yellow, which is both my client's property and City of Miami Page 78 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 the existing surface parking lot of Fire Station Number 4; invest $8 million -- again, coming from my client -- to build the new fire station to the Citv's specifications. We've spent over a year speaking with the Department about what the specifications are. It would be essentially their new dream fire station, over 30,000 square feet in space, two floors with a mezzanine, workout equipment, plenty of space for facture fire trucks of the size which they expect. And then, once that fire station is completed, we would then proceed to build a tower above -- a parking garage pedestal and a tower above that fire station. We would then end up owning the tower, operating that out of -- for a particular use, with the City then having its new fire station. Aside from just that general conveyance of land and the construction of the new fire station, as well as the construction of the pedestal and the tower, there are other public benefits which we are offering to the City. I'll list them right now. We'll probably go into further detail on it later. But there will be at the time of issuance a Temporary Certificate of Occupancy; a payment from us to the City of $2.2 million, which will cover new equipment for the Fire Department, which I think Commissioner Carollo will go in more detail about later. We'll also be conveying 50 parking spaces to the City for use by the City and management by the Off -Street Parking Authority. The value of those 50 parking space is $1,500,000. Lastly, there's also a profit participation provision. The City will essentially be receiving 5 percent of all profit as we move forward, with 800,000 of that, 800,000 of that being paid in advance. So that would be paid in advance to the City subject -- credited against any future participation profit that the City might be otherwise entitled to, but the very important point being the risk of that profit participation is now more on my client than it is on the City, because the City will be getting the money up front and will stay with the money, regardless of how much profit there may or may not be in the future. That's not ruling out there could be profit in excess of that 800,000, which the City would be getting 5 percent of then. Commissioners, this is not the biggest project that you're looking at today, but I think it's an innovative one. I think it's one that does a great job of putting together two properties that otherwise would have just been wallowing I think; permitting the Fire Department to continue its service seamlessly. They would be moving from the old fire station to the new fire station, a turnkey operation, and will provide a new fire station that will easily last 70, 80 years for the City and the -- in this area where this is much growth, and bring -- also bring about a new project, which is just fitting in the place where we want to have density close to mass transit and close to retail office and all the other mixed uses that there are. With that said, I will conclude our presentation. But, of course, we're here for any questions. And I think the City Attorney just passed out the newly revised list of public benefits, which I just described. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. When we talk about public benefits, you know, first of all, I think I need to begin by saying, this is all about public safety. It's about obtaining a brand-new fire station, fully occupied with brand-new vehicles, brand-new trucks. When Mr. Garcia -Serra mentioned about the public benefits, you're showing here $2.2 million of public benefits, restricted to one ladder truck, one engine truck, two fire rescue trucks, and two Ford trucks, so it will be fully operational fire station, and I think that's definitely important. We will also own 50 spaces or a whole deck. The only thing that -- the only friendly amendment I would add to this is that any potential future sale, or any future lease or long-term lease, that those monies or profits go directly to the Fire Department, to our City Fire Department. You have the 5 percent participation. This, I believe, is a very good deal that took a long time to negotiate. So I -- Commissioner Suarez: Second. Coninaissioner Carollo: -- make a motion to -- City of Miami Page 79 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Second. Commissioner Carollo: -- move forward. Chair Hardemon: Been properly moved and seconded. Any further discussion? Ms. Mendez: If I may, just -- you have an agreement that's attached to this item. Just note that everything that has been proffered in that new exhibit, obviously, this document will be modified to reflect all those changes, as was described by the Commissioner and placed in that Exhibit "A." So this document has to change, addressing all those issues. Thank you. Chair Hardemon: Any further unreadiness. Daniel J. Alfonso (City Manager): Mr. Chairman. Chair Hardemon: You're recognized. Mr. Alfonso: Just one additional clarification, because I don't want people to misunderstand. Could you please put back up the other piece that outlines the two properties? I hate to do this, but -- Commissioner Suarez: Why are you doing it? Mr. Alfonso: Well, you know -- I know. Okay, so that is correct. The yellow outline on that map is correct; that that's the property that's additionally being conveyed to the City as the apartment. Mr. Garcia -Serra: Correct. Mr. Alfonso: In the -- Mr. Garcia -Serra: This property is the one that we own right now, my client owns, and -- Mr. Alfonso: Correct. Mr. Garcia -Serra: -- will be maintained (UNINTELLIGIBLE). Mr. Alfonso: And that's being conveyed to the City. Mr. Garcia -Serra: Yes. Mr. Alfonso: The rest of the property will remain the City. Mr. Garcia -Serra: Correct. Mr. Alfonso: The -- Mr. Garcia -Serra: At the end of the day, the City owns that. Mr. Alfonso: The other thing that was being shown on the monitor a little while ago had a bigger yellow box, but I just wanted to -- Mr. Garcia -Serra: That's just showing old fire station site, new fire station site. City of Miami Page 80 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Alfonso: Right. Okay. Mr. Garcia -Serra: The new fire station site will be located partially on the property owned -- Mr. Alfonso: I got it. Mr. Garcia -Serra: -- by us at present and -- Mr. Alfonso: I got it. Mr. Garcia -Serra: -- some (UNINTELLIGIBLE). Mr. Alfonso: I just wanted to clarify, because some people were concerned that what's being conveyed is that one right there. Chair Hardemon: So your point is that the entire -- the entirety of the block will be - Mr. Alfonso: City of Miami property. Chair Hardemon: -- City of Miami property. Mr. Alfonso: Yes. Mr. Garcia -Serra: Correct. Mr. Alfonso: Thank you. Commissioner Carollo: With a new fire station, with all the new trucks and so on. Mr. Alfonso: Correct. Chair Hardemon: Got it. Ms. Mendez: And I also wanted to clarify, in the resolution, we'll be adding a few more "whereas" clauses, and this is not a Development Agreement; it is an agreement. I needed to clam that as a record, because the Development Agreement has other bells and whistles to it. This is an agreement. So it will be amended for the Clerk's records. Thank you. Mr. Alfonso: Thank you all. Chair Hardemon: Any further discussion? Seeing none, all in favor of the resolution, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Suarez: Congratulations. Mr. Garcia -Serra: Thank you very much. Chair Hardemon: Motion passes. And this meeting is adjourned. City of Miami Page 81 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.10 RESOLUTION 2410 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 25, 2017, PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16- 040, FROM WEST CONSTRUCTION, INC. ("WEST"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE CURTIS PARK NEW SWIMMING POOL FACILITY— DISTRICT 1 PROJECT, IN THE AMOUNT OF $2,983,745.00 FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $298,374.50 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $3,282,119.50; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-35806/B-35806S; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WEST CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY AND ALL SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0324 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.10, please see item RE.8. RE.11 RESOLUTION 2479 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE WATER AND SEWER DEPARTMENT FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR MORNINGSIDE PARK SANITARY SEWER REPLACEMENT, CAPITAL PROJECT B-30839S. ENACTMENT NUMBER: R-17-0325 City of Miami Page 82 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.11, please see item RE.8 and item BC.1. RE.12 RESOLUTION 2075 OMNI Community Redevelopment Agency A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED BUDGET OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," IN THE AMOUNT OF $26,334,478.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 ("AMENDED BUDGET"), AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. ENACTMENT NUMBER: R-17-0328 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Note for the Record: Direction by Commissioner Suarez to the City Manager to place an item on the July 27, 2017 City Commission agenda for the reconstruction and repair of the existing walkway at Museum Park located at 1075 Biscayne Boulevard. Note for the Record: For additional minutes referencing iteni RE.12, please see item RE.8. Chair Hardemon: RE.9. Daniel Rotenberg (Director): I'm still here. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.9 is a resolution directing -- Victoria Mendez (City Attorney): On RE -- Pm sorry -- on RE.9,, just give me a few more minutes; drafting stuff. Thank you. Chair Hardemon: RE.12. Commissioner Suarez: Omni. Jason Walker (Executive Director/Omni Community Redevelopment Agency): Good afternoon, Commissioners. RE.12 is the Omni Redevelopment amended budget for City of Miami Page 83 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 2016/2017. It passed at the Omni Board. It needs to go before the City Commission, and then the Miami -Dade Commission later this month. Vice Chair Russell: Thank you. I'll move it. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Is there any discussion? Commissioner Carollo: Discussion. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. What I'm seeing here is a difference from when it was first passed and now. I'm not seeing the identified $2 million for Museum Park, so if you could show me if it's identified for Museum Park in this budget amendment. Mr. Walker: It's not itemized in there, but it's on the record that it is reserved until the board makes a decision on that $2 million. When we did the budget amendment, we took out some money to buy the -- Commissioner Carollo: Buy land. Mr. Walker: -- bank building, so we -- most of it is about the way it looks. If we took out the 2 million and separate it from the general fund that would only leave us with a couple of hundred thousand dollars in the reserve. But we know that the next item, which is a $25 million loan, will go to repay us back the money that we spent on the bank building. So although it's not line item in there, it is known that there's a $2 million reserve waiting for the decision to be made by the board. Commissioner Carollo: Okay. I just want to make sure that it's there, because anyone who looks at the budget and it's not clear there. Mr. Walker.: And I talked to -- Commissioner Carollo: And under one -- what line item is it placed? Is it under reserves or --? Mr. Walker: It's included in $2.3 million reserve. Commissioner Carollo: Okay. So in that 2.3, 2 million is for Museum Park, correct? Mr. Walker: Two million is in reserve, waiting for the decision to be made by the board, whether or not to let it go to Museum Park. Commissioner Carollo: Okay. Any chance the board let's it go now? Daniel J. Alfonso (City Manager): Nah. We just -- Commissioner Carollo: It'll go a long ways. Mr. Alfonso: The only question the Administration has is, is this Commission or the Board of the CRA (Community Redevelopment Agency) ever going to consider the fact that they were given a bill for $4 million last year for past payments? And what about the 2 million annual contribution; is that being taken into account? City of Miami Page 84 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Yeah. I think this is a starting point. Chair Hardemon: White whale in the room. Commissioner Carollo: What's that? Chair Hardemon: That's the white whale in the room. He noticed it because it's out of water. Vice Chair Russell: We've set this -- if I may, Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: Obviously, we've discussed this wearing our different hats at the CRA; here we're talking as the City Commission. And in order for me in both positions to be comfortable releasing the funds, I needed a -- an outside solid amount that was going to be the maximum limit; and then for us to, as a policy decision, de - obligate the remainder of those funds. Because I am in disagreement that the $30 million is owed to the City -- there are varying legal opinions about that, as well -- I want to look at it from a policy perspective of what we want the CRA to be doing from here forward. What was decided to be done with Museum Park was taken to a certain level and left. I don't agree that that's enough. I do believe Museum Park needs further improvements. I don't necessarily agree that if they are CRA funds that should be used to do that. I am open to releasing the $2 million, because Commissioner Carollo's identified a specific need and use for it in Museum Park. He has a board at the Bayfront Park Trust that is -- that has a specific concept and idea that could use that. Beyond that, however, there are no projects, there are no concepts, there is no amount. I'd be willing to release the two in the same way that I said before, that we then turn around and amend the Interlocal Agreement, the Global Agreement to de - obligate the rest. So that's where I am. Commissioner Carollo: Okay. And I appreciate you saying that. So if we could do the -- release the two million in this Commission meeting well set another sunshine meeting so we could then discuss what will be the final amount. And Commissioner Russell, listen, I get it. Politically, it'd be easy for me to say, "Oh, sure, let's get the $4 million. I get to do the playground, some other things, " and stuff like that, and, you know, we all get a win -win. I get it. Politically, that's the right thing to do. However, I just can't do that, because there are issues that I still don't have a dollar amount to, and I'll give you two examples that I will tell you personally, I was very embarrassed, number one, during the fireworks show for the Fourth of July. Bayfront Park did the, fireworks show; where it wasn't just Bayfront Park. You know, from that fireworks show, many people from downtown benefited: Museum Park, the Frost Museum, PA AI (Per forming Arts Museum). I could tell you -- and I was embarrassed -- I saw residents needing flashlights, and actually walking with flashlights through Museum Park in order to get to the end to the bay and be able to watch the fireworks. It's embarrassing. That's minimum. You know, at least lighting through the passway [sic]. I don't know how much that cost. Honestly, I can't give you an honest reasonable estimate, so that's why I'm holding back. So that's one. Two, you know -- and if you want to write it down -- and that's why we still haven't come up to an amount to tell you, because I'm really, out of good faith seeing really what are the essential that we need. And when you see residents, your constituents walking with flashlights, you know, that was embarrassing to me. That's number one. Number two, the Manager just mentioned. We had a great, a great major league baseball events, plural, you know. It wasn't just that one event. What? You're in the penalty box or something? Chair Hardemon: No, no. City ofMiami Page 85 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: It wasn't just that one event. We really had numerous events. One of the events was the gala, Major League Baseball Gala at the PAMM, and they actually rented out some of the parking that we have at Museum Park. And renting out that parking was actually to bring in buses, okay, from, you know, the persons that were attending, that parked somewhere else, and then came in in buses and walked through Museum Park to the PAMM. 1 could show you -- and we have the video -- of what they were walking in. 1 don't get how a brand-new park has a walkway that's so rundown, full of potholes, and so forth. But 17l tell you, I was embarrassed. 1 walked through that walkway, and if you want, I could show you the video now; I could show you pictures. I think it's just embarrassing, plain and simple. And you know what? Show the video. Show some of the pictures. And again, I would tell you, I don't know how a brand-new park has a walkway this bad. But this is what all these people, and in various attires, gala attires, and so forth, had to walk through. Here, you see the sidewalk that is done. However, this is the walkway. Walking all the way to PAMM, and you could go into -- so you could continue. Look at those potholes. By the way, in those water puddles, they actually have a hole. It actually is a pothole. It just happens that it's been raining lately. I don't have a price yet on what this will cost, but I think, this item, minimal, you know, and that's why I haven't got -- had that discussion with you yet; not the mention that I don't think we've hired the outside counsel yet to see how we do this. But I'm telling you, I'm working in good faith, but I'm showing you issues that -- 171 be honest with you, it is embarrassing. Chair Hardemon: Can we authenticate this video, please? Daniel J. Alfonso (City Manager): Mr. Chairman. Commissioner Carollo: I -- Commissioner Suarez: Can we what? Commissioner Carollo: Absolutely. I'll authenticate -- I'll be -- you know what? I'll do one better. Commissioner Suarez: Can we what? Commissioner Carollo: Let's take a field trip. Mr. Alfonso: Mr. Chairman, if I may? Commissioner Carollo: Let's take a field trip over there so you see it. Look at the -- I mean, look at this. This is -- look at this. This is -- going to the end. This is the walk -- this is the stairs now to go into the PAMM. Commissioner Suarez: So -- Commissioner Carollo: This is what we have. Chair Hardemon: I want to recognize Commissioner Suarez Commissioner Suarez: I'm ahnost afraid to be recognized on this. So I tried to propose a settlement the first time. I have another idea; hear me out. You know, I think the -- obviously, his -- and I don't want to put words in either of -- two of your's mouth, but 1 think the Vice Chair's concern is using CRA money, right? I mean, that's pretty clear. And your issue is you've got at least a $2 million -plus commitment -- right? -- on the park improvements that need to he done. The question 1 had for the Manager was, can't we use park impact fee money -- right? -- that we designate? I City of Miami Page 86 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 think we have like 8 million in unspent park impact fee -- Go ahead. You want to jump in? Mr. Alfonso: Yeah. I'm not sure how much it is -- Victoria Mendez (City Attorney): Not for maintenance. Commissioner Suarez: It's not maintenance. Mr. Alfonso: No, no. Ms. Mendez: That's maintenance. Mr. Alfonso: No, no. Hold on, Madam City Attorney. Commissioner Carollo: I -- Mr. Alfonso: May I? May I? Commissioner Suarez: Yes, please. Mr. Alfonso: Okay. We have some unspent money that was designated for land acquisition that is impact fee. If the City wishes to defund that land acquisition and move it towards the construction of the playground, which is an additional -- Commissioner Suarez: Correct. Mr. Alfonso: -- thing, yes, that can be done. That's something that this Commission can do. The repairs of the potholes, as the City Attorney's saying, you can't do that. Commissioner Carollo: I would say -- Mr. Alfonso: Wait. Almost done, almost done. Commissioner Carollo: -- that was not repair. You need to -- that's a capital improvement. Mr. Alfonso: I -- Commissioner Carollo: This is not patching up. Mr. Alfonso: No, I know. Commissioner, redoing it because it was originally done and it was leveled at the one time, that is a repair. Commissioner Suarez: You're saying that was done? To me, that does not look like it was done. Commissioner Carollo: That's my point. Commissioner Suarez: To me, that looks like -- Commissioner Carollo: That's a new park. Commissioner Suarez: -- you put a few benches in -- I'm just giving you my perspective. Mr. Alfonso: 1 understand, sir. City of Miami Page 87 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Maybe it was done. I don't know. Mr. Alfonso: I understand. Commissioner Suarez: I don't know factually. Mr. Alfonso: The other point that I wanted to make -- because there was a statement on the record made, Commissioner Russell, that there is -- there was no plan. You know, since we talk about -- Vice Chair Russell: I didn't say that. That there was no plan on what? Mr. Alfonso: On the park. Vice Chair Russell: Oh, no. There is a plan. There was a plan on the park. Mr. Alfonso: Yeah, that's what I was about to say. So there was a plan that was over 50 -- Vice Chair Russell: A big plan on the park. Mr. Alfonso: -- $60 million -- Vice Chair Russell: Sure. Mr. Alfonso: -- of the plan, which is what that 30 million was supposed to go to. So, you know, I don't want it to be people think that there is nothing -- no ideas that were brought forth to spend that money on; I mean, there were, but -- Vice Chair Russell: I agree, and if I implied that there wasn't a plan before, I misspoke, because I know there was a plan. The question is, is the political will still there for the monies of the CRA meant to eliminate slum and blight and create affordable housing worthy of being taken away and putting toward that plan? And is the political will still there to implement that plan to that scale? I mean, it was a tremendous plan. It was Epcot Center over there. Now, as the Chairman of the Omni CRA, I am dedicated to preserving those dollars to go where they should go. As the Chair -- as the district Commissioner for the area where that park is, and as a board member of the Frost Science Museum, I am dedicated to making those improvements. Now, the lights you had mentioned, in one of the budget amendments that we did last year, you'll recall, I said, "I will find you creative ways to find this money that is not antipoverty money." And we came up with Tree Trust funds to bring in -- I believe it was 200,000 in trees, maybe three. Commissioner Cal -olio: 300, 000. Vice Chair Russell: 300,000 in trees, and lighting. I don't know where that's gone, and why it hasn't started, or maybe the planning's in process, but we had solar - powered lighting that was going to be implemented, and I believe it was using DRI (Development Regional Impact) funds. But that was passed at a budget amendment last year. So we should have lighting on the way there without using CR [sic] fends. We should have trees on the way there without using CRA funds. The only reason I'm willing to utilize CRA fends for a $2 million jungle gym children's park is that it will de -obligate the remainder and allow us to give back to our mission as a CRA. Commissioner Suarez: And what Pin getting at is rather than have that discussion, which we are obviously not in agreement on, you know -- City of Miami Page 88 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: We may get (UNINTELLIGIBLE). Commissioner Suarez: In order to -- All right. You guys want to, keep going at it. I would just say don't do it on our time; you guys have a sunshine meeting. Commissioner Carollo: Right. Like I said, we'll still have a sunshine meeting. But what I'm saying, out of good faith, let's release these $2 million -- you know where they're going -- Commissioner Suarez: (UNINTELLIGIBLE). Commissioner Carollo: -- and -- I think he will. I think he's up to it. And I think he knows that we're working in good faith. Release those $2 million now. Let's vote to release the $2 million; we could continue with the playground, and then let's have a sunshine meeting and really -- And listen, I'm open. My end result is to get that park to a level where we can all be proud of. I'll be honest with you. I was embarrassed in those two occasions just recently, okay? Just seeing families walking with flashlights because we don't provide adequate lighting at a park, I think it's -- you know, it's unacceptable. And then, having to walk to the PAMM in those conditions, you know, I think it's unacceptable. So I'm not saying these are the only two issues, but this is the reason why I'm -- I really -- I don't have a price tag, you know. I don't have the estimates for those repairs, or I think they're capital improvements. Vice Chair Russell: Well, one creative solution that the Manager mentioned is that the jungle gym is a capital improvement, is an addition to park capacity, could be utilized with park impacts [sic] fees; the other stuff would have to be used potentially from this money, for example. So there are creative ways to do this. But for me, I'm not willing to let go of the 2 million until I have certainty on the amount, because otherwise, it's give now, and then come back and give more later, and then come back and give more later. And we've got to get to work in the CRA with regard to the affordable housing issues. So it's going to go one of a couple ways here today. We either approve it as is. We vote; we approve the budget as is. If we want to defer it, we defer it, and we have a sunshine meeting; we try to hammer this out. Or three, I'm prepared with a pocket resolution right here empowering the City Manager to start negotiations to open the Global Agreement, just as we did at the CRA, that gives us an outside number. So bird in the hand, $2 million; off it goes to Museum Park, and then we get security as a CRA and a city with regard to the outside obligation of this other $28 million versus the two. So those are the three things I'mwilling to do here today from my part. Obviously, we're a board and body, but I've already made a motion to pass it, as is. If we're to amend it, I'll be bringing this, but I -- as I said at the CRA, I am not open to releasing it without the security of what the back end of it is. Chair Hardemon: Does the Omni Redevelopment Plan include affordable housing? And I'm asking that -- Mr. Walker: Yes. Chair Hardemon: Are we sure? Mr. Walker: Yes. Chair Hardemon: It does? Vice Chair Russell: That was one of my original criticisms when I came in; that it's mentioned time after time in the Redevelopment Plan, and not one unit had been done. City of Miami Page 89 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 And so, that is our mission; that really is our mission, and it's up to us to protect the budget that serves that mission. Chair Hardemon: The reason I brought it up was because I read -- you know, I read these different plans, and certainly, the Redevelopment Act says that you could have affordable housing, but it does not require it. So our plans must adopt affordable housing. So I just -- Mr. Walker: Our plan -- Chair Hardemon: -- wasn't sure -- Mr. Walker: Our plan has it. Chair Hardemon: -- if our plan has it. Well, that's good. Mr. Walker: And ifI may, Commissioners, you know -- Commissioner Suarez: Has to have it. Chair Hardemon: No, it doesn't. Mr. Walker: -- you talked earlier -- Commissioner Suarez: It has to have it. Mr. Walker: -- about housing -- Commissioner Suarez: (UNINTELLIGIBLE) like literally, has to have it. Mr. Walker: -- rehabbing. Commissioner Suarez: (UNINTELLIGIBLE) it should have it, yeah. Chair Hardemon: Yeah, yeah. Mr. Walker: You know, it's also about maintaining the housing that's there. You talked about housing rehab. You all in this budget will put a million dollars for home rehab in our section of Overtown, which we're spending money on right now. This money that's supposed to go other places could also be used for our area of Overtown to put rehab money into existing structures. We had a meeting this week about housing projects that we have in the pipeline. We're -- the next item is to approve a $25 million loan, but there's probably 50, $60 million worth of projects that we can go after right now to build housing within the Omni CRA that this money is kind of holding us back on, because we don't have no resolution. Chair Hardemon: And -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- Ms. Stewart, the house that I've been speaking about, the gentleman who was in the meeting -- Mr. Walker: Are you talking about Mr. Taylor, by the way? Chair Hardemon: Is it Mr. -- that was Mr. --? Yeah. City of Miami Page 90 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Walker: Lewis Taylor? Chair Hardemon: Lewis Taylor. Mr. Walker: I met with Lewis Taylor. Chair Hardemon: Okay. Mr. Walker: Mr. Taylor came to my office -- Chair Hardemon: Right. Mr. Walker: -- and he said, you know, "Can you fix up my house?" And I said, "Yes, we can." And then we got into the whole issue. We were the people that referred him to Legal Services. Barnaby Min actually was in on that conversation, because we want to help him, but he has the issue with -- the relatives are not there; two deceased people on the property. Chair Hardemon: Right, so they had some issues. Mr. Walker: Yeah. Chair Hardemon: But we got to -- I mean, we got to do what we can, because he's already lost one of his dwellings. Mr. Walker: He lost the front part, and we're trying to help him with the back part. We told him, "Look, let's try to fix up the probate issue, and we'll put you a new house on there." Chair Hardemon: Right. Mr. Walker: Because the house, if you've been there -- talk about being embarrassed about something -- Chair Hardemon: Has -- Mr. Walker: -- is really bad. Chair Hardemon: I can imagine. He's -- you know, he's lived -- he's born in -- Mr. Walker: We told Mr. Taylor -- Chair Hardemon: -- Overtown. Mr. Walker: -- that -- 80 years. Chair Hardemon: Right. Mr. Walker: And we told him, "We'll put a new house in there for you." It'll be the first house in our land bank, but we need to do -- we need to have money to do projects like that. Chair Hardemon: Right. No, I understand. I just want to make sure that we have the commitment. And do you know what the response was from Legal Services in helping him clean up his issue? Mr. Walker: The last -- City of Miami Page 91 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Because maybe we can get some, you know, do -good Miami attorney out there that wants to lead -- to lend their services to an indigent person, who was obviously going to have a great benefit to him if you just help him clear up his probate issue. Mr. Walker: Yeah. Chair Hardemon: So that would be great, if we could try to find that type of assistance. Mr. Walker: Sure. I know Barnaby -- Chair Hardemon: Because I think -- Mr. Walker: -- was working with our office. Macia (phonetic) was working on it last week. Chair Hardemon: Because the gentleman has to be -- I mean, he's -- Mr. Walker: He's 85 years old, I think. Chair Hardemon: -- 85 years old. Two of the people on the property -- Mr. Walker: Are deceased. Chair Hardemon: -- are deceased, and it does not state that -- Mr. Walker: For 20 years. Chair Hardemon: -- on the City records. So if you look at our City records as far as the property being passed through intestate, it doesn't -- it does not do -- it does not (UNINTELLIGIBLE). Barnaby Min (Deputy City Attorney): Legal Services of Greater Miami is already assisting. We're working with their attorneys. Chair Hardemon: Okay, so let's -- I mean, time is really of the essence. Commissioner Suarez: Can I ask a question? I mean -- Chair Hardemon: Sure. Commissioner Suarez: Because sometimes I feel like I'm missing something. Does anybody disagree with the fact that we need to repave that street, or whatever you want to call it? Chair Hardemon: We don't know if it was paved or not. I thought it was gravel. Commissioner Suarez: No. I'm just -- I'm asking a general question. Does anybody think that -- does anybody disagree that that needs to be repaved as soon as possible? Does anybody disagree with that? Chair Hardemon: No. Commissioner Suarez: No. City of Miami Page 92 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Right now it's a (UNINTELLIGIBLE). Commissioner Suarez: Okay. So can we direct the City Manager from general funds, okay, to repave that street immediately? Vice Chair Russell: Is that a motion? Commissioner Suarez: Does anybody have a problem with that? Yeah, it's a motion. Vice Chair Russell: Well, I've got a motion on the floor right now, so. Commissioner Suarez: Yeah. What's -- what motion you have on the floor? Commissioner Carollo: I just don't -- I -- Commissioner Suarez: (UNINTELLIGIBLE) -- I supersede your motion. Chair Hardemon: Yeah. Commissioner Suarez: Can I supersede his motion with my motion? Chair Hardemon: Not with that motion. Todd B. Hannon (City Clerk): No. Chair Hardemon: So to clam, the motion on the floor right now is to approve the item, as is, so the acceptance of RE.12, correct? That's the motion on the floor. Mr. Hannon: Yes. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Suarez: I'm going to withdraw my second. Commissioner Carollo: I'm going to make one last-ditch effort. $2 million, let's release it. I mean, you're making the residents wait for a project that is very much needed. It's within the Cooper Robertson Plan. Why would we -- I mean, you know, it's funny. I didn't want to chime in, but you're here speaking about new parks; yet, existing parks, we're obviously not taking care of them very well. So, I mean, when you show that diagram with the new park and so forth, I really staved quiet. But looking at new parks and we can't even take care of the parks that we have? You know, I'm telling you, I was embarrassed, you know. And all I'm saying is -- Listen, right now I believe it's $6 million that the CRA will owe to date. All I'm saying is release 2 million, and then let's have a healthy discussion. And I'm not saying that maybe to fix some of other issues -- And by the way, I disagree; I think they're capital improvements, because I don't think we're going to patch up those holes. I think we're going to have to do then brand-new (UNINTELLIGIBLE). Vice Chair Russell: It's not about whether or not you have to do them brand-new or not; it's whether or not they were an existing amenity that we are refurbishing or redoing, which is not an increase in capacity. Commissioner Carollo: We may have a different definition, but -- Vice Chair Russell: Fair enough. City of Miami Page 93 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: -- there's no reason of -- argue over that. All I'm saying is, listen, like a last-ditch effort, instead of the reserves, let's put those $2 million where we know they're going to end up, you know. Mr. Walker: Also -- Commissioner Carollo: And then from there, let's have a sunshine meeting, you know; and really, I'm willing to iron it out. The only thing 1 need is some of the estimates of some of these, you know -- so it's not just throwing a number up in the air. I know you mentioned 4 million. I don't want to just throw a number up in the air. I want to be able to say, `Listen, this is what I really want to do." You understand what I'm saying? And maybe have some wiggle room, a buffer in case -- You were there; you saw how many people from the public came and mentioned different things that they would like and stuff like that. You understand what I'm saying? Have some buffer. Vice Chair Russell: I do, Commissioner, but, you know, I think it's a little unfair to the Parks Department and Capital Improvements to be, you know, saying what an embarrassment that park is, because it makes it look to the public as though it's on their shoulders. This park is managed by the Bayfront Park Trust -- Commissioner Carollo: Right. Vice Chair Russell: -- which is proud of its budget as being self-sustaining, and through many of the events there -- Commissioner Carollo: Understood. Vice Chair Russell: -- it creates a significant budget. Commissioner Carollo: Right. Vice Chair Russell.' But please let me finish. That creates an appropriate budget. If more is needed, we can find the budget. Commissioner Suarez is looking for a consensus even to pull from the general fund for such an impressive park of the City. I believe it's an amenity' of the district, it's amenity of the City, it's amenity of Bayfront Park Trust. To me, it is not a responsibility of the CRA and the anti poverty funds. $2 million, I'm okay with, on the sole condition that it creates the outside security of "that is it," period, and that's my only contingency. I'm not going to let go of it without that security. And if I can get that security from you, we agree on it, we move forward. I don't see us getting there. Why don't we defer the item; have a sunshine meeting, talk about it some more. Otherwise, we can just pass it, as is. Even if -- we can vote and pass it, as is; and still, the money is allocated within (UNINTELLIGIBLE). Mr. Walker: For Museum Park. For Museum Park. Vice Chair Russell: Right. Now, without amending the budget, could we cut a check to the City? Mr. Walker: Without amending -- Commissioner Carollo: No. Mr. Walker: You would have to vote to cut a check to the City. City of Miami Page 94 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: (UNINTELLIGIBLE). Vice Chair Russell: We'd have to vote at the CRA level. Commissioner Suarez: You have to authorize it. Vice Chair Russell: Not at this level? Commissioner Suarez: You have to authorize it. Mr. Walker: At the CRA level. Commissioner Suarez: You have to authorize it. Vice Chair Russell: So we could pass this, as is, right now. Mr. Walker: Yes. Vice Chair Russell: And at the CRA level, we could still authorize the cutting of the check. Commissioner Suarez: We could. Mr. Walker: Yes. Vice Chair Russell: So in that case, my motion still stands. I think we can vote to pass this budget. We still reserve the right to pay the $2 million. I -- you know, as the CRA Chair, I can tell you now, all you need to come with is the agreement on that outside number. We've already authorized Jason to start the negotiation or discussions about opening the Global Agreement for amendment; all we would need is what that number is and plug it in, and then I've got the following reso that the City Manager could do from this end to do the same thing. And then, we're in agreement between the City and the CRA to de -obligate the additional $28 million; let the 2 million go; Museum Park has its fun. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Two things: One, I want to address the Bayfront Park Management Trust. So, one thing is manage, which we're doing very well, and that's operational. One thing is capital improvements; two various things. And that's why we have requested and have funded -- As a matter of fact, general fiend, a million dollars per year to the Guzman; someone else is managing it; yet, we're paying for the capital improvements. And I pointed out in the last Commission meeting that Bayfront Park Management Trust funded capital improvement, which was the remediation; the only park in the City of Miami that the City didn't actually pay for. That's $1.3 million. That's a lot of money. And that's not even managing. That's not the operational, the day-to-day operation; that's capital. So, yes, even though we are managing it, and we're doing a very good job with what we have, at the same time, some of these are capital improvements that it -- that's actually why -- not you or I -- but that's why there was a contract, a Global Agreement that stipulated $2 million per year for 15 years, for 30 years, in order to have those capital improvements so that then Bayfront Management Trust could actually operate. With that said, I don't see us getting to an agreement, so I'm going to vote against the budget, and take it from there. City of Miami Page 95 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Any further discussion on the motion on the floor? Mr. Walker: I would just also like to add, Mr. Chairman, that -- and part of this budget includes $850,000 from the Omni CRA to the City of Miami for the rehab of Dorsey Library that's been sitting there for a long time. Also -- Commissioner Gort: Speak -- bring the mike up. Mr. Walker: Excuse me. Also part of this budget is 850,000 for the rehab of Dorsey Library that's been sitting dilapidated for many years, owned by the City of Miami. And also, one -- a sizable amount of this is to clean and maintain the City -owned lot on -- between 16th to 17th and 1st. That was used as a tent -- drug house that we went in and put a fence around and cleaned up. So I'd like to put that as highlights as a part of this budget. Chair Hardemon: Okay. Any further discussion? Commissioner Carollo: No. Chair Hardemon: The only thing I'd like to add is that I never agreed that CRA funds are what they call "antipoverty funds." I think that's -- I know, but its important; you'll see later. Commissioner Suarez: Okay. I trust you. Chair Hardemon: Yeah. Thank you. Seeing no further discussion, all in agreeance of the motion, say "aye." Commissioner Gort: Aye. Commissioner Suarez: Aye. Vice Chair Russell: Aye Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Commissioner Suarez: Mr. -- Vice Chair Russell: Mr. Chairman. Commissioner Suarez: -- Chair. Chair Hardemon: RE.13. Vice Chair Russell: Before -- Commissioner Suarez: Can I have a point of order on -- before? I really think we need to do something about that walkway -- Vice Chair Russell: Yeah, I was going to go there, as well. Commissioner Suarez: -- you know. City of Miami Page 96 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Jeovanny, could -- is there an estimate on that walkway? Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements. Are we talking about the walkway at Museum Park; the pictures that we just saw from the Commissioner? Commissioner Suarez: Yes. Mr. Rodriguez: I don't have an estimate for that. 1 will tell you that that was part of the original design. Commissioner Carollo: Yes. Mr. Rodriguez: And when it was built, it was built out of a -- Commissioner Suarez: Gravel. Mr. Rodriguez: -- sort of gravel or granite that it was bonded, and obviously it's falling apart. I don't have an estimate to replace those walkways. Commissioner Suarez: Can you JOC (job order contract) out a -- some sort of a surface -- it doesn't have to be even the permanent solution, but something that gets rid of the potholes and makes it look respectable so that -- I mean, it's one of the nicer parks in our entire inventory of parks. It's a waterfront park, and that's embarrassing. Mr. Rodriguez: Yeah; absolutely, we can, Commissioner. The only, question will be, you know, what -- how to do it. Commissioner Gort: Mr. Chair. Commissioner Carollo: How do we pay for it? Mr. Rodriguez: And -- Commissioner Suarez: I will -- Mr. Rodriguez: -- that's another (UNINTELLIGIBLE) Commissioner Suarez: -- pass a resolution -- I mean, I will present a resolution to JOC out -- to spec out, JOC out, and I will authorize from the general fired whatever amount of money is necessary, you know, within JOC to do that. Can't possibly -- Mr. Rodriguez: To be replace it with exactly how it was done before, the same type of material? Commissioner Carollo: No. Mr. Rodriguez: To go with concrete? Commissioner Suarez: What do you want to do? Mr. Rodriguez: To go with --? Because it makes a difference. You know, that will be a question. Commissioner Carollo: I -- City of Miami Page 97 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Give -- Commissioner Carollo: -- don't know, hut the park opened in August of 2014, and look how it is. Commissioner Suarez: Right. It looks terrible in two years. Vice Chair Russell: You know, and that's not the same stuff Commissioner Carollo: And that's not the only place, either. Commissioner Suarez: (UNINTELLIGIBLE) two years. Mr. Rodriguez: So we'll -- Commissioner Carollo: That's not the only place, either. Vice Chair Russell: Yeah. Mr. Rodriguez: -- have to look at other type of surfaces, then. Commissioner Carollo: Yes, other type of surface. Chair Hardemon: The surface -- to pit -- I mean -- well, I'm no expert. I'm no engineer, but I'm assuming that the surface is like that so that water can go through it? Commissioner Carollo: No. Mr. Rodriguez: Well, the surface that was fit for that design was part of the overall design. Commissioner Suarez: Well -- Listen, why don't you do this? Mr. Rodriguez: Yeah. Commissioner Suarez: Let's do this. Why don't you bring back to the next Commission meeting agenda a scope of work, JOC, and I will sponsor a resolution to appropriate the funds. Mr. Rodriguez: And what 171 do is I'll give you several estimates on different type of surfaces. Commissioner Suarez: Fine, fine. Mr. Rodriguez: Concrete, pavers. Commissioner Suarez: Not too many. Commissioner Carollo: Exactly. Commissioner Suarez: Don't get too crazy. Mr. Rodriguez: (UNINTELLIGIBLE) stuff like that. Commissioner Suarez: Just three, at most. City of Miami Page 98 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Four. Mr. Rodriguez: Okay, no problem. Chair Hardemon: Commissioner Gort. Commissioner Gort: Make sure you do that. Make sure you have all the scope of work that we require in our park in the district, where we sit down with you, that we've be waiting for a long time. 1'd like to have that number also, because if we're going to pass a resolution out of general funds with CIP (Capital Improvement Programs), I want to make sure my area takes care of and not be ignored, so I want to make sure we get that, also. Mr. Rodriguez: Okay. Absolutely. Commissioner Gort: Because we discussed that quite a bit. I mean, our -- Curtis Park, the most used park in my area, has been closed for four years now. Okay? Vice Chair Russell: And finally, the lighting that was approved in last year's budget, what is the status of that? Mr. Rodriguez: Commissioner, we're looking. for that "B" number right now. That's not something that I'm working on, as we speak. And, quite frankly, that's something that I'm looking into right now. Vice Chair Russell: Thank you. Commissioner Suarez: That's a motion. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Is that a motion or a direction? Chair Hardemon: No. It's direction. Commissioner Carollo: Direction. Commissioner Suarez: Direction, okay. Commissioner Carollo: Mr. Chairman, and real quick, Commissioner Gort is correct; and that is the reason why in the Global Agreement, they specified a funding source in an agreement, in a contract, so that these issues would be taken care of for capital improvement. Commissioner Suarez: Okay. City of Miami Page 99 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.13 RESOLUTION 2303 OMNI Community Redevelopment Agency A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACKNOWLEDGING THE INTENT OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") TO OBTAIN DEBT FINANCING THROUGH ITS ISSUANCE IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) OF TAX INCREMENT REVENUE NOTES ("SERIES 2017 NOTES") TO FINANCE THE OMNI CRA'S REDEVELOPMENT ACTIVITIES AS SET FORTH ON "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED, IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 163, PART III, FLORIDA STATUTES, AS AMENDED; DELEGATING TO THE OMNI CRA THE AUTHORITY TO ISSUE AND SELL THE SERIES 2017 NOTES AND AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE SERIES 2017 NOTES BY THE OMNI CRA; FINDING, DETERMINING AND ACKNOWLEDGING NO LIABILITY ON THE PART OF THE CITY OF MIAMI, FLORIDA ("CITY") FOR (A) ISSUANCE, SALE, AND REPAYMENT OF THE SERIES 2017 NOTES, (B) FOR THE DISCLOSURES RELATED THERETO, (C) FOR CONTINUING COMPLIANCE RELATED THERETO, AND (D) COMPLIANCE BY THE OMNI CRA WITH THE RELATED INTERLOCAL AGREEMENTS; REQUIRING THE OMNI CRA TO INCLUDE ALL OF SUCH RESTRICTIONS, LIMITATIONS AND INDEMNIFICATIONS OF THE CITY IN ALL DOCUMENTS, INSTRUMENTS, AND INFORMATION RELATED TO THE SERIES 2017 NOTES; REQUIRING AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0329 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item RE.13, please see item RE.8. Chair Hardemon: RE.13. Jason Walker (Executive Director/Omni Community Redevelopment Agency): RE.13 is the issuance of a loan for $25 million for purchase of property and building of affordable housing in the Omni CRA (Community Redevelopment Agency) with Bank United. This was passed at the Omni CRA Board, and it needs City Commission passed -- approval and County' approval later this month. Vice Chair Russell: I'll move it. Commissioner Suarez: Second. Chair Hardemon: Is there any further discussion on the item? City of Miami Page 100 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Who's the back stab -- backstop on this? If Omni CRA cannot pay the money back, the principal, who ultimately has to pay? Mr. Walker: Well, 1 don't think they would give us money if we weren't -- they didn't think we were going to pay it back, but the City would be, if the loan went after 2030, which it does not; it goes to 2030. Commissioner Carollo: Okay. But still, who will be the backstop? Mr. Manager; Mr. CFO (Chief Financial Officer), is the City the backstop? Commissioner Suarez: Depends on how you structure it. Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Commissioner, I don't have the answer for you right now. I'd have to take a look at the bond documents in order to give you a definitive answer. I have not seen all the bond documents fbr this. Mr. Walker: There's no -- Commissioner Suarez: It's not a bond. Mr. Walker: -- I mean, we -- Commissioner Suarez: Yeah. Mr. Walker: -- are the entity that's there until 2030. The loan is until 2030. The amount is based on the tax collection until 2030, and the estimates, and this is a small percentage of what we could go out for. Commissioner Carollo: Let -- okay. So do you have PFM here today? Mr. Walker.: He had to leave at 3 o'clock. He was here all day. Commissioner Carollo: Because the last time we mentioned about the liability, he mentioned, no; he felt uncomfortable, or he said, "No, I will not show this without that liability." Mr. Walker: Of course. And when they -- when we applied, they had to take into account everything, and so that -- this liability, or whatever we want to call it, is on the books -- Commissioner Carollo: Right. Mr. Walker: -- so it is included within the approval of this loan by the bank. Commissioner Suarez: Potential liability. Mr. Walker: Potential liability. Commissioner Carollo: Well -- Commissioner Suarez: That's what 1 call it. City of Miami Page 101 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: -- it's there on -- Commissioner Suarez: Yeah, yeah. Commissioner Carollo: You know, like -- Commissioner Suarez: Potential liability. Commissioner Carollo: He felt uncomfortable saying, 'yeah, potential liability, " so Commissioner Suarez: Yeah. Commissioner Carollo: -- let's not show it. Mr. Walker: But it's in there. It's in there as if (UNINTELLIGIBLE). Commissioner Carollo: Understood. So let me ask you yet another question. The original amount by contract, by the Global Agreement, was $68 million. Mr. Walker: Yes, sir. Commissioner Carollo: I think it was mentioned in the last CRA meeting that only 16 million was actually spent. Is there a liability for the rest, and are you showing that liability, and taking into consideration this offering now with the potential liability of the rest of the amount? Mr. Walker: We're not showing a $68 million; we're showing the $30 million as liability. Commissioner Carollo: Understood. That's for the capital. Mr. Walker.: Yep. Commissioner Carollo: But the original -- Mr. Walker.: Is 68. Commissioner Carollo: -- it was 68. Mr. Walker: Yeah. Commissioner Carollo: And only 16 was put in. Mr. Walker: Yes. Commissioner Carollo: So is there a liability for the rest, and are you showing it? Mr. Walker: Our City Attorney would have to opine on that. We're not showing it as a part of -- Commissioner Carollo: Okay. Commissioner Suarez: Can -- City of Miami Page 102 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Because if you do owe that money, then I think there's a possibility that you cannot pay back, and then the City will he the backstop. Commissioner Suarez: Can Ijust --? Commissioner Carollo: That's why I'm asking our CFO (Chief Financial Officer). Commissioner Suarez: Can I chime in real quick? Can 1 chime in? Let me chime in. So there's a couple things. One is, there's a difference between a liability for purposes of legal liability and accounting liability, right? I think we agree on that. The second part is, the backstop or lack of a backstop is based on how you finance a transaction. A transaction may be financed with a secondary pledge to budget and appropriate, or not financed with a secondary pledge to budget and appropriate. I think what you're saying is, this authorization allows you to go to some sort of a lending instrument, whether it's a bond or commercial loan, or whatever, but not with a secondary pledge to budget and appropriate; is that correct? Mr. Walker: Right. Commissioner Suarez: Okay. So whether or not in the bond disclosure documents, or whatever lending disclosure documents, you probably have to -- you have a duty to disclose this potential liability or contingent liability, or whatever you call it, you know, in the accounting world and in the disclosure world, you have to make sure that you disclose. "Look, this is a possible risk." So it might affect the interest rate, because having a risk versus not having -- I mean, having a lia -- a potential liability versus not having a potential liability obviously affects the interest rate. Commissioner Carollo: Understood. Commissioner Suarez: Right. Commissioner Carollo: Was that disclosed? Mr. Walker.: Everything was disclosed, Commissioner. Commissioner Carollo: You're -- okay, so it's disclosed. And if it is, show me where. And was it disclosed that we were supposed to pay $68 million; we did 16? Mr. Walker: It's in the -- Commissioner Carollo: And there's a possible liability for the rest of that amount; not the 30 million; different amount? Mr. Walker: Well, we give them the documents that they request. We give them the documents they requested. One of the documents that they requested was the Global Agreement. One of the things that they pointed out was the 30 million, which, in that same paragraph, is the 68 million. So they looked at everything. And it should be noted that just in the memo that was sent out last year by Mayor Gimenez, the Omni CRA in particular, its growth rate over the next -- I guess, with the extension, 40 -- to 2045 is about 770 million bucks. With the stuff that we're working on with the School Board property, with the 10 acres of the School Board property, that's coming in at about 4 to $500 million. So this is -- 25 million is a very small part in that scheme. Commissioner Carollo: Understood, but I'm not talking about that. I'm talking about monies that the Onini CRA potentially owes. City of Miami Page 103 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: So let me just jump in. So if you look at Article 4, which is on page 29 of the packet, in Section 4.01 and 4.02, it talks about this just being a liability in terms of the revenue generate -- the incremental revenue generated by the CRA, so I don't -- I think part of your concern, which was whether there was a backstop, is addressed by those two provisions. I think we're good there. Commissioner Carollo: Right. But what if there's not enough TIF (Tax Increment Fund)? Commissioner Suarez: That's on -- that's a risk -- Commissioner Carollo: Be -- Commissioner Suarez: -- that's the risk that the -- that's a risk that the lender takes. Commissioner Carollo: And -- Commissioner Suarez: Yeah. Commissioner Carollo: -- that's what I want our CFO to put on -- Commissioner Suarez: Yeah, yeah. Mr. Casamayor: Sir, after reviewing the document, yes, there is no lia -- there is no backstop for the City itself Commissioner Suarez: Right. Mr. Casamayor: It is all the CRA. Commissioner Suarez: Yeah. By the way, they probably won't lend to that level, if there's even a remote risk, so just FYI (for your information). Would you agree with that statement? Mr. Casamayor.• Yes, sir. And -- Commissioner Suarez: Because they have a debt coverage ratio. Mr. Casamayor: Yes, sir. Commissioner Suarez: Right? Mr. Casamayor: And I did speak to the financial advisor earlier -- Commissioner Suarez: Which is above and beyond -- Mr. Casamayor: -- and, yes, he did mention that the $30 million was taken into account as part of their analysis. Commissioner Suarez: Right. Mr. Casamayor: However, I didn't ask about the original 68. Commissioner Carollo: And that's my question now. (UNINTELLIGIBLE) is the original -- because if you take one into consideration, why aren't you taking the other one into consideration? City of Miami Page 104 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Casamayor: If I get a reply phone call, sir, I will come back and address it. Commissioner Carollo: Thank you. Commissioner Suarez: All right. Yeah, let's go. Chair Hardemon: (UNINTELLIGIBLE). Any further discussion? Seeing none, all in favor of the motion, say "aye." Commissioner Suarez: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: No. And I wish we would have waited on the response before we actually take the vote. Chair Hardemon: Oh, I'm sorry. I thought the response was (UNINTELLIGIBLE). Vice Chair Russell: Wait. (UNINTELLIGIBLE) have another meeting on (UNINTELLIGIBLE). Commissioner Carollo: He's waiting on the financial advisor to call him. Commissioner Suarez: So let's wait. I mean -- Chair Hardemon: If there is unreadiness -- Commissioner Suarez: Can we wait? Chair Hardemon: -- I mean, I -- Commissioner Carollo: Yes. Chair Hardemon: -- I'll recognize unreadiness. Commissioner Suarez: Yeah, there's unreadiness. Chair Hardemon: I know you were drink -- he was -- for the record, he was drinking a drink of water at the time that he had an opportunity to object, and so therefore, I would take his desire immediately after drinking that glass of water as objecting or - - and so, we'll wait on a response before we come to a vote. Mr. Walker: Commissioners, I'd just like to point out one thing. This item is very time -sensitive -- Mr. Casamayor: Yeah. Mr. Walker: -- because of -- Commissioner Suarez: (UNINTELLIGIBLE) sensitive. Mr. Walker: Oh, it is, because we were looking to purchase a property in the Omni area, not the Overtown area; to do affordable housing in the Omni area at 1990 North Miami Avenue, which you all approved at the CRA Board meeting. They wanted us to close in September, or else we're going to lose -- City of Miami Page 105 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Mr. Walker, everything is time -sensitive. The residents have been waiting for that playground for I don't know how many years now. It was promised way before -- Mr. Walker: And -- Commissioner Carollo: It was already promised, so -- Mr. Walker: -- with all due respect, sir -- Commissioner Carollo: -- everything is time -sensitive. Mr. Walker: -- the residents of Overtown have been waiting for us -- Commissioner Carollo: I understand. Mr. Walker: -- the CRA to do some things in their district, as well. Commissioner Carollo: Absolutely. Vice Chair Russell: Specifically, what are we waiting for, and when will we get it, that's holding this up? Mr. Walker: We're waiting to see if Sergio included the 68 million, which -- while we have him on the phone, we might as well see if he included the streetcar that we're supposed to pay for the -- you know, that's nowhere right now either, but it's in the same paragraph where the $30 million is. So I'm sure that when they read the $30 million, they read the $68 million commitment, as well, so. Vice Chair Russell: So you're just asking whether or not the bank has contemplated this amount in offering us this loan. We're double-checking their homework to see if they've qualified us correctly? Me. Walker: Yes. Commissioner Gort: And the interest rate is in according to -- Mr. Walker: Which, you know, they've already approved us, which is why we're going through this process. Vice Chair Russell: I'm -- yeah. I'm -- like I said, that's -- I'm comfortable finalizing this now. I don't know exactly what we're waiting for specifically with regard to hearing if the bank did their diligence on us, because if they've approved us, they did. Commissioner Gort: The bond documents should have everything in it. If it's approved, that's their answer. Vice Chair Russell: I agree. Commissioner Gort: (UNINTELLIGIBLE) take. Vice Chair Russell: I agree. Commissioner Gort: When they sign on that bottom document, that's it. City of Miami Page 106 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: We had half the votes in when we called this one back. So where are we, Mr. Clerk? Todd B. Hannon (City Clerk)_: I believe we're on -- the Chief Financial Officer was getting some information so that we could proceed with the vote. Vice Chair Russell: That's something that's pending right now. We're not tabling this to another day, or whatever; we may get a call back in a moment. Is that what we're waiting for? Commissioner Carollo: We should. Vice Chair Russell: Fair enough. Commissioner Carollo: We should. Commissioner Gort: Who are you trying to get? Sergio? Mr. Hannon: So the item could be tabled at this time. You can move on with RE.9. Victoria Mendez (City Attorney): So now would be a really good time to just take a 15-minute break so we can finish up (Flew things, please, on RE.9. Commissioner Carollo: Let's do it. Chair Hardemon: Okay, 15 minutes. Ms. Mendez: Thank you so much. Later... Chair Hardemon: (INAUDIBLE) back into order. If Commissioner Carollo can hear me, "Ven aqui, por favor." Vice Chair Russell.' Two Commissioners descending. Chair Hardemon: There he is. Commissioner Gort: Sunshine. Chair Hardemon: So we -- Commissioner Suarez: Hi, guys. Chair Hardemon: -- have a motion on the floor; we had some unreadiness. I believe that we have the information necessary to address the unreadiness. Commissioner Carollo: He's still on the phone. Commissioner Suarez: Guys, are we good? What's the deal? Mr. Walker: The deal was that it was not taken into account, because it's not a part of our existing cash flow debt. And if you read the language in the Global Agreement, it says, "An amount necessary to fund 68 million for capital improvements for the park component of the project, to be funded by the Omni CRA and completed by the City of Miami, no later than January 2012." So that wasn't done. So they didn't take it into consideration, because that's something that we're City of Miami Page 107 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 currently paying out; the City never did it, so we never reimbursed the City. It's not an obligation that they take into account in the current cash flow, as they've done with the PAC (Performance Art Center) payment, as they did with the Port Tunnel payment, and as they did with the $2 million payment for capital improvements at Museum Park. Commissioner Carollo: Okay. Commissioner Gort: Call the question. Commissioner Carollo: I think some may disagree, but okay. Mr. Walker: We were on the speaker phone together. Commissioner Carollo: No, no, no. Mr. Alfonso: (UNINTELLIGIBLE) there was nothing in the contract. Commissioner Carollo: No. Right. I imagine it wasn't, but I think some will argue that it should have. Commissioner Suarez: And do we --? Mr. Walker: The City should have -- Commissioner Suarez: I think -- we haven't -- obviously, we haven't authorized the transaction, so it hasn't closed. So what I'm getting at is, when we have these discussions on the record, we're disclosing that these are issues. So I just want to be clear. Commissioner Carollo: Yeah. Well -- Commissioner Suarez: They're disputed issues. I mean, we're disputing them here. Commissioner Carollo: Right. So there are disputed issues, so I don't -- yes, you're right. Commissioner Suarez: You get what I'm saying? Commissioner Carollo: Absolutely. It needs to be disclosed because -- Commissioner Suarez: Of course, and we are disclosing it. Commissioner Carollo: (UNINTELLIGIBLE) -- Right. Because then we're acting in bad faith that, you know, we're seeking some type of loan or some type of -- without disclosing our full, financial picture. Mr. Walker: No, we're not acting in bad faith, Commissioner. We gave -- every single document that was asked for by the bank, we gave it to them. In that document, included the Global Agreement, which included Section "C, " which is our part. And they made their decision based on the documents that were given. Commissioner Suarez: But let me just be clear; because this -- because a little bit into stuff that I have a little bit of knowledge on. The lending transaction, the instrument, is it a loan or is it a bond? Mr. Walker: Loan. City of Miami Page 108 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.14 2555 Civilian Investigative Panel Commissioner Suarez: Okay, that's significant -- Commissioner Carollo: That's different. Commissioner Suarez: -- because if it's a bond, it's a security; and if it's a security, you have to make all material representations. I still think, nevertheless, that even in a lending transaction, it's a good idea -- and we have ad nauseam discussed this issue on the record, so whoever's lending us the money should understand and should price into their loan the fact that there's a debate over this money. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, sir. Commissioner Carollo: So because it's a loan and not a bond, I'm going to vote in favor of it. If it was a bond -- Commissioner Suarez: (UNINTELLIGIBLE) absolutely. Commissioner Carollo: -- I'd be voting against this. Commissioner Suarez: I wouldn't -- Commissioner Carollo: (UNINTELLIGIBLE) Commissioner Suarez: -- it wouldn't -- I wouldn't begrudge you that if you did. Chair Hardemon: Seeing no further unreadiness, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE COMPENSATION AND BENEFITS FOR THE EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL, CRISTINA BEAMUD; PROVIDING FOR AN EFFECTIVE DATE AS SET FORTH HEREIN. ENACTMENT NUMBER: R-17-0326 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.14, please see item RE.8. City of Miami Page 109 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 RE.15 RESOLUTION 2538 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AGREEING TO BE A NOMINAL SPONSOR OF FLORIDA SOLAR UNITED NEIGHBORHOODS ("FL SUN"); AUTHORIZING THE CITY MANAGER TO ALLOW FL SUN TO USE THE CITY OF MIAMI'S LOGO ON ITS SPONSORSHIP PAGE. ENACTMENT NUMBER: R-17-0327 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.15, please see "Public Comment Period for Regular Item(s)" and item RE.8 END OF RESOLUTIONS City ofMiami Page 110 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.1 2506 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marcelo Holzinger Mayor Tomas Regalado Howard Miller Mayor Tomas Regalado ENACTMENT NUMBER: R-17-0339 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Want to do the BCs (Boards and Committees) quickly? Chair Hardemon: Yes. Commissioner Carollo: Knock them out, Todd. Victoria Mendez (City Attorney): By any chance, did you move RE.11 ? Chair Hardemon: That is correct. Todd B. Hannon (City Clerk): Yes. Vice Chair Russell: We did. Ms. Mendez: Yes? Chair Hardemon: Yes. Commissioner Suarez: Yes. Ms. Mendez: Okay. Thank you. Commissioner Suarez: Moved and passed. Chair Hardemon: The BC Agenda. City ofMiami Page 111 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.2 2113 Office of the City Clerk BC.3 2509 Office of the City Clerk Nicole N. Ewan (Assistant City Clerk): Thank you, Chair and Commissioners. BC.1, Arts and Entertainment Council: Mayor Regalado has requested the reappointment of Marcelo Holzinger and Howard Miller. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Hardemon: Seeing no objection, motion passes. Commissioner Suarez: That was Commissioner Carollo, for the record, in the back there; took me a while for me to figure out who it was. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: LRESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Vice Chair Ken Russell City of Miami Page 112 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.4 2510 Office of the City Clerk BC.5 1070 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 113 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.6 2243 Office of the City Clerk BC.7 2511 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM LIMIT BY A FIVE -FIVE (5/5) UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO JASON NEAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE. ENACTMENT NUMBER: R-17-0340 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): And Chair, I need to go back to BC.7, the Commercial Solid Waste Management Advisory Committee. It's a resolution waiving the term limit requirement as it relates to Jason Neal, who is a member of the board. This requires a 5/5 term waiver. Commissioner Suarez: Move it. Chair Hardemon: And it's been -- and I'll second it, and I want to make the statement that he represents the large hauler, so -- Ms. Ewan: Correct. Chair Hardemon: -- he's a representative from the large haulers. That is always on the board, so in this situation, I think it's fitting to have him sit there, because that's who the large hauler wants to represent their interests. Vice Chair Russell: We already approved it -- Commissioner Suarez: Yeah. City of Miami Page 114 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.8 2513 Office of the City Clerk Vice Chair Russell: -- unanimously, though, before, right? You're just clarifying it's a 5/5? Chair Hardemon: This is a 5/5ths. Ms. Ewan: This is a 5/5, correct. And that concludes the Boards and Committees. Thank you, Chair. Chair Hardemon: So seeing no objection, that motion shall carry. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Keon Hardemon ENACTMENT NUMBER: R-17-0341 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo NOMINATED BY: Commission -At -Large Nicole N. Ewan (Assistant City Clerk): BC.8, Commercial Solid Waste Management Advisory Committee: There is one Commission -at -large seat currently held by Commissioner Hardemon, who has requested to be reappointed. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Seeing no objection, motion passes. City of Miami Page 115 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.9 2515 Office of the City Clerk BC.10 2514 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Commissioner Frank Carollo Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo City of Miami Page 116 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.11 1713 Office of the City Clerk BC.12 2123 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Deryn Cowdy ENACTMENT NUMBER: R-17-0342 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo NOMINATED BY: Vice Chair Ken Russell Nicole N. Ewan (Assistant City Clerk): BC.11, Education Advisory Board: Vice Chair Russell will be appointing Deryn Cowdy. Commissioner Suarez: Move it. Vice Chair Russell: Second. Chair Hardemon: Seeing no objection, motion shall carry. Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ivan Parra ENACTMENT NUMBER: R-17-0343 NOMINATED BY: Vice Chair Ken Russell MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.12, Equal Opportunity Advisory Board: Vice Chair Russell will he appointing Ivan Parra. Vice Chair Russell: Ivan. Move it. City ofMiami Page 117 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.13 2375 Office of the City Clerk BC.14 1599 Office of the City Clerk Commissioner Suarez: Second. Chair Hardemon: Seeing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez City of Miami Page 118 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.15 2518 Office of the City Clerk BC.16 2519 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Christopher Cawley Chair Keon Hardemon (Landscape Architect — Category 2) ENACTMENT NUMBER: R-17-0346 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.15. This is the Historic and Environmental Preservation Board. Chair Hardemon will be appointing Christopher Cawley to the landscape architect category. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: Seeing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Vice Chair Ken Russell City of Miami Page 119 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.17 2520 Office of the City Clerk BC.18 2127 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: James S. Cassel ENACTMENT NUMBER: R-17-0347 NOMINATED BY: Vice Chair Ken Russell MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan. (Assistant City Clerk): BC17, Miami Sports and Exhibition Authority: Vice Chair Russell will be appointing James Cassel. Vice Chair Russell: Move it. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Hardemon: Seeing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort City of Miami Page 120 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.19 1083 Office of the City Clerk BC.20 1721 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Peter Wood ENACTMENT NUMBER: R-17-0348 NOMINATED BY: Vice Chair Ken Russell MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.19, Senior Citizens Advisory Board: Vice Chair Russell will be appointing Peter Wood. Vice Chair Russell: Move it. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Hardemon: Seeing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Mayor Tomas Regalado City of Miami Page 121 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.21 2129 Office of the City Clerk BC.22 1603 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo City of Miami Page 122 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 BC.23 2376 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Wendy Kamilar ENACTMENT NUMBER: R-17-0349 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.23, Waterfront Advisory Board: Commissioner Gort will be appointing Wendy Kamilar. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: Seeing no objection, motion passes. END OF BOARDS AND COMMITTEES City ofMiami Page 123 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 2494 Office of Transportation Management DI.2 2481 City Manager's Office DISCUSS THE RESULTS FROM THE RESIDENTIAL STREET SPEED REDUCTION LIMIT STUDY COMPLETED BY KIMLEY- HORN AND ASSOCIATES, INC. RESULT: DISCUSSED Note for the Record: For additional minutes referencing item DI.1, please see item NA.3. Chair Hardemon: All right. Let's -- What we could do is we can go through the discussion items, then. DI 1. Sandra Harris: Good morning. Sandra Harris, Office of Transportation. DI.1 is a discussion on the Residential Speed Reduction Study. Basically, what we did was divide the City of Miami into 29 residential communities, excluding downtown, Park West, Virginia Key, and Dodge Island, because it lacks sufficient single-family residents; and Bay Point, of course, because it's not maintained by the City. The study came out where there was three neighborhoods that would meet the 20-miles- an-hour speed limit, which would have been the Bayside community, up in the Upper Eastside; Venetian Isles and Brickell; then 21 other neighborhoods, based on the FDOT (Florida Department of Transportation) criterias [sic] meet the 25-miles-an- hour criteria. So with that, next step is for a resolution or direction from the Commission here to either do a citywide 25-miles-an-hour speed limit or 25 miles an hour in the communities, except for the three that met 20 miles an hour; so two speed limits within the City. DISCUSSION ITEM DISCUSS THE 2017 STATE LEGISLATIVE SESSION REPORT AND PRIORITIES FOR THE 2018 STATE LEGISLATIVE SESSION. RESULT: DISCUSSED Chair Hardemon: DI.2. Diana Arteaga (Senior Advisor to the City Manager): Good morning, Commissioners. Diana Arteaga, Government Relations for the City of Miami. I want to be brief.' I've provided your offices with a copy of the End of Session Report; nothing new in there that you haven't already heard about, but I would be understating that -- this year has been a particularly difficult one for local governments, where special interests went head on with local governments. I'm happy to report that the majority of our priorities did pass. A lot of the bills that would have cost the City of Miami tens of millions of dollars were defeated. And I also want to thank each and every one of you that I had to call on this session to help City of Miami Page 124 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 fight those hills, including the CRA (Community Redevelopment Agency) Preemption Bill, to help us support the Storm Water Funding Plan and lobbying the Governor's office. I thank you for being responsive; and also, the City Attorneys Office that was very much involved this year, especially with the Linear Facilities Bill that would have overturned our victory with FPL (Florida Power & Light) on the transmission line issue. So if you have any questions about the report, I'm happy to answer them at this time. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Suarez: I just want to commend you. You're a pleasure to work with. I get a lot of positive feedback from legislators about you, unsolicited. It's not like I'm asking, "Hey, what do you think about Diana?" They're constantly telling me. And, you know, you had a great session, we had a great session, and you work very well with us, you work very well with our partners. I just -- you know -- I want to commend you. Ms. Arteaga: Thank you. Chair Hardemon: I agree with that. I agree. Ms. Arteaga: Thank you. Daniel J. Alfonso (City Manager): And I'll take credit for hiring her. Commissioner Suarez: Yeah, well, you should. Before -- one quick question: I heard that the legislative session next year is going to be pushed up to January; is that correct? Ms. Arteaga: Yes, sir. That's why, in the backup, I have a list of proposed -- Commissioner Suarez: Got it. Ms. Arteaga: -- priorities for the 2018 session committee weeks. They're expected to start around September/October. Commissioner Suarez: Got it. Commissioner Carollo: Exactly. Mr. Chairman, if I could? Chair Hardemon: You are recognized. Commissioner Carollo: And that's why I want to make sure that we address Flagler, the issues we've had in Flagler. I don't have to go into details. I think I've mentioned it in front of the Senator that represents the area; in front of the State Representative that represents the area. So I want to make sure that that's a priority for the City of Miami. Also, an item that Pm bringing later on today -- Last year; one of the senior centers were cut for meals, and this Commission stepped up and was able to fund those meals. In this current Legislature that just passed, they did not add the monies. I want to see if we could push for that, because I do believe the senior meals are extremely important, so I want to make sure that becomes a priority gins. Thank you. City of Miami Page 125 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 DI.3 2480 City Manager's Office Ms. Arteaga: Yes, sir. Is there anything in the backup. for the suggested priorities that you have questions on or would like to see added or removed, in addition to those he mentioned? Chair Hardemon: Not just yet. Ms. Arteaga: Okay, great. All right. Thank you very mach. Commissioner Carollo: Thank you. Chair Hardemon: Thank you so very much. And I'm doing this because this is what we normally do any time we see someone who has served in our form of government here. Although he is a candidate, this is not about his candidacy. This is just to recognize the fact that we do have a former Commissioner in our presence, so I want to recognize the presence of Commissioner Joe Carollo. Commissioner Carollo: Mayor. Chair Hardemon: I'm sorry; former Mayor -- Commissioner Suarez: Mayor. Chair Hardemon: -- as well, yeah. DISCUSSION ITEM PRESENTATION OF THE ANNEXATION FEASIBILITY STUDY. RESULT: DISCUSSED Chair Hardemon: The -- I want to move over to DL 3. Fernando Casamayor (Chief Financial Officer): Good morning, Commissioners. Give me a second here while I get my audio visual set up here for this very brief presentation. Fernando Casamayor, Assistant City Manager. While they're setting that up, I can give you a little bit of information that you don't need the visuals for. As a background, in 2014, we were asked -- this Administration was asked to come forward with a feasibility study for annexation for four areas: Palmer Lake in Melrose; Blue Lagoon West; Blue Lagoon in Waterford; and an area noted as 36th Street North. At that time, the feasibility study did show that there would be a net gain for all four areas. We were then asked to come back and include an area near the Liberty City area as part of another annexation, and we took the opportunity to not only do that, but also go back and refresh the other areas that we had already looked at, because in the three years, some things have changed. So the three areas we looked at were an area known as Brownsville, and the geographic location is detailed here. Unidentified Speaker: Added? Mr. Casamayor: Added. Added, sir. The Melrose area, which had been previously looked at, as well as the Blue Lagoon area this time, as one block of area; not two separate ones. The following slide shows you the maps of the areas; Brownsville City of Miami Page 126 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 being to the north, Melrose kind of there in the center, and Blue Lagoon kind of there on the southwest side of the map. Vice Chair Russell: Could IT (Information Technology) put this on our monitors on the dais; is that possible? Oh, here it comes. Thank you. Mr. Casamayor: You want the map back, Commissioners? Vice Chair Russell: Yes, please. Brownsville, Melrose, Blue Lagoon. Mr. Casamayor: They're in your monitor? Chair Hardemon: It's a bigger screen. Mr. Casamayor: Right. So all of this information is detailed in the item itself the attachment to the item, but this is just an overview of what's in the package. So the data analysis showed a couple of things. The first page of data analysis shows the general expenditures that we would see if we would give the existing level of services that we provide to the average Citv of Miami resident to these areas. There is a cost of about 24 and a half million dollars for the Brownsville area, 15.7 million in the Melrose area, and a little over 10 million in the Blue Lagoon area. Again, some of the key things that were in that data analysis for expenditures is some things the departments reported that they needed to have in order to service these areas. So, for instance, if the Fire Department needed additional apparatus, possible new station, those are the things that were included in data analysis. We reported a public safety expenditure of roughly $688 for the average City of Miami resident in FY fiscal year) '14/15, and the projection provided for the same services in these areas was about $1,500. That -- because you have to start up the service in the areas, so there is some capital cost that may need to be included as part of that. This also included some staffing and administrative cost, as well as fleet and fuel, and some other things that are just kind of overhead that would expand along with this area. The following page is a revenue summary, so this takes into account the millage rate that we have right now, which is 7.6465, expanded out to the property values that are noted in these areas. And then, there's a bottom line, which will tell you the plus or minus delta of incorporating this area with our -- with the revenues that we would get, and the expenditures that we would need in order to serve these areas. As you can see in the analysis, we are a net minus on two of the areas, and a net plus on one of the areas. Commissioner Carollo: So what's the total net minus? Mr. Casamayor: Total net minus is about $14 million. Commissioner Carollo: $14 million to add all these areas? Mr. Casamayor: To add all three areas, and that's as they exist today. It does not mean that in the future, based on our Zoning Code and the additional services that we will be providing in those areas that it couldn't spur some development; and actually, these numbers could flip at some point. Commissioner Carollo: No, understood, at some point. But my question is, some of the conversations we've had with future budgets and so forth, you know, I don't know if we want to take up additional losses, so I just -- I think it needs to be looked at very closely; not to mention issues like CIP (Capital Improvements Program) and getting roads fixed, and so forth. Already, with what we have as a city, we're -- Commissioner Suarez: Deferred maintenance is there in those areas. City of Miami Page 127 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Yes. You know, we're struggling to keep up. Mr. Casamayor.: Understood. Commissioner Carollo: So, you know, that needs to be taken into consideration, so. Mr. Casamayor: Yes, sir. The following page is a brief description of the type of the demographics that are included in the areas, including the total number of residents, the race and ethnicity of those residents, and some information regarding household information. The chart that follows that includes voter statistics. As we can see, some of these areas are much more populated than others. And then the last slide -- that last graphical slide that we have is a description of the land use types, the different types of properties and what land use codes they have. So the last slide is the next step section. This is where we await the Commission to tell us what is it that you want us to do with all or some, or one of these -- Chair Hardemon: Commissioner Gort. Mr. Casamayor: -- potential annexation areas. Commissioner Gort: I think we began this about four years ago, and I requested that. And after that, I have talked to some of the Commissioners. Some of the Commissioners. they're in favor of it. I think we need to discuss that, because if the Commission, the County Commission does not approve it, they're not going to vote .for it. Also, at the same time, get a look at the -- what people are paying right now. What's the taxes, the yearly taxes, compared to ours have to be? Because the people have to vote on it, and if we don't -- they don't really see an advantage to it, I don't think they will vote for it. Nobody wants to vote to increase their taxes, that's for sure. So I hope we can conduct those things. And particularly, talk to the County, especially the Commissioner representing that area. I've talked to them. One of them was very much in favor of it; the other ones were not. So we need that. Chair Hardemon: So, I mean, that's a conversation we'll end up having with our individual Commissioners in the County that represent these areas to see if we can have that type of support. I know there are some areas where there is some pushback, but there may be areas where there is not, so it's a process. But we do appreciate you providing us the information, and I guess we'll have continued conversation about how we move forward, because it ends up having to be a -- sort of a campaign to annex communities, and that's going to be something that we're going to have to lead and the County will have to follow, if you will, so. Any further discussion on the item? Daniel J. Alfonso (City Manager): So I just want to make sure. So are we going to get a direction to continue the process, continue discussion; go to the County, look at what the next steps are, and kind of push the issue? Is that what I'm hearing? Chair Hardemon: I would say so, without any -- Commissioner Gort: That's what I'm recommending. Chair Hardemon: Right. I would say so without any -- Mr. Alfonso: It's still a lengthy process. I mean, it's not -- Chair Hardemon: Yeah, exactly. City of Miami Page 128 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: I think you got some feedback from us as to what the concerns are, you know, and then you can continue the process and see where the County is, too. Mr. Alfonso: Okay. Commissioner Suarez: And by the way, there are other issues that the County, 1 think, wants from us, and I think that should also be included into the conversation. Chair Hardemon: Okay. Mr. Casamayor: Thank you, Commissioners. DI.4 DISCUSSION ITEM 2608 Commissioners and Mayor DISCUSSION ON ELDERLY RESIDENTS IN THE CITY OF MIAMI LOSING THEIR MEALS DUE TO LACK OF STATE FUNDING AND PROVIDING FOR A POSSIBLE RESOLUTION TO ADDRESS THE ISSUE. RESULT: DISCUSSED Chair Hardemon: DI.4. Commissioner Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: I'm sorry, Mr. Chairman. Thank you. Mr. Chairman, I brought this item as a discussion item. If you remember, last year, there were some issues with the State funding or lack of funding, or cut of fundings for some senior centers; more particularly, the one that I'm bringing up is Palermo. I know I provided Anti -Poverty funds; Commissioner Suarez and Commissioner Gort, also. And once again, this year, they were not funded. So unless we want the elderly meals to be eliminated, we'll need to fund again. So I -- you know, I have a budget; it's the same as last year. And, you know, I'm going to in the next Commission meeting bring up a resolution. I just want to see if I could get consensus to once again do Anti -Poverty, or whatever funding, and fund them. Commissioner Suarez: So from my perspective, yes. I will provide the same level, which I think was 25, as well -- Commissioner Carollo: Yes. Commissioner Suarez: -- from Anti -Poverty -- Commissioner Carollo: Yes. Commissioner Suarez: -- from the same line item or whatever. Commissioner Carollo: Right. City of Miami Page 129 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: You know, there's a concern, and I think this should be part of the discussion, like you said, of the legislative priorities -- Commissioner Carollo: Yes. Commissioner Suarez: -- that we need to find a way to permanently fill this gap so that we can -- Commissioner Carollo: Right. Commissioner Suarez: -- you know. So to -- because this was funded by the State, so. Commissioner Carollo: And that's why I brought it up at that time -- Commissioner Suarez: Right. Commissioner Carollo: -- especially since we're going to have -- Commissioner Suarez: Exactly. Commissioner Carollo: -- committee meetings start a lot earlier this year. Commissioner Suarez: Got it. Commissioner Carollo: And Commissioner -- Commissioner Gort: Yes. Commissioner Carollo: -- same amount as last year? Commissioner Gort: I'm -- the same commitment, yes. Commissioner Carollo: Okay. Thank you. And what -- I want to direct the Administration to do a resolution, same as last year, for the same amount that "D" -- Commissioner Suarez: Yes. Commissioner Carollo: -- myself, Commissioner Suarez, and Commissioner Gort did. And you know what? I'll do it in the form of a resolution, of a motion. Is that okay? Commissioner Suarez: You could do it now if you want. Todd B. Hannon (City Clerk): I'm sony, sir? Commissioner Carollo: I want to make sure -- Do I do it as the form of a motion, or do I -- Is it just direction, Madam City Attorney? Commissioner Suarez: If you want to, do it now. Victoria Mendez (City Attorney): You can do it as a form of a motion in order -- Commissioner Carollo: Well, let me ask you something. Can I just make the motion to allocate "X" amount from my Anti -Poverty? You want that as a resolution? Ms. Mendez: Right. So that, we need to have -- City of Miami Page 130 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Carollo: Right. Ms. Mendez: -- at our next meeting -- Commissioner Carollo: Okay. Commissioner Suarez: That's fine. Ms. Mendez: -- because it's a fiscal impact. Commissioner Suarez: That's fine. Commissioner Carollo: Okay. So can I direct you Do you need a resolution directing you to bring an item in the next Commission meeting? Ms. Mende: No. I'll place it -- Commissioner Gort: The same as last year. Commissioner Carollo: Same as last year. Commissioner Suarez: Same as last year. Ms. Mendez: Okay. Commissioner Carollo: Right. Same as last year. Thank you. Vice Chair Russell: Does the same hole exist that was there last year? Commissioner Carollo: Yes. Vice Chair Russell: Because I had heard that perhaps it does not; it may have been filled. Commissioner Carollo: Well, no. I have actually spoke with them. I got a -- not a letter -- I guess, like a -- yes, a letter; it's just not a formal letter. It's them saying exactly the funding that they need, from what period to what period. While I'm calling this, I'm going to make a copy. Put it in the record and make sure that each Commissioner receives one. But, yes, they're saying that their funding gap for this senior center is the same. Commissioner Suarez: And we can ask Ms. Arteaga to confirm that, you know -- Commissioner Carollo: Sure. Commissioner Suarez: -- if she wants for the next meeting. Commissioner Carollo: Sure. But I will provide each one of you and the Clerk this letter that 1 received from them. Commissioner Suarez: Perfect. Chair Hardemon: Okay. Commissioner Suarez: Cool. City of Miami Page 131 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardernon: All right. Commissioner Suarez: Good stuff. Chair Hardemon: Seeing no further discussion on the item, thank you very much. END OF DISCUSSION ITEMS City of Miami Page 132 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) Barnaby Min (Deputy City Attorney): Mr. Chair -- The PZ (Planning & Zoning) items will proceed according to Section 7.1.4 of the Miami 21 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 the 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 286.011(5) 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 will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation decision [sic]. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation will be as set forth in Miami 21 and in 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 recommendations 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. If any Commissioner thinks a document supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. Thank you, Mr. Chairman. Chair Hardemon: Thank you very much. What I can do right now is I can open up the floor for public comment for the PZ items, so if I can have the Clerk swear everyone in, please. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Anyone speaking on today's Planning & Zoning items, may I please have you stand and raise your right hand? Anybody speaking on today's Planning & Zoning items? Thank you, Chair. The following item(s) shall not be considered before 2:00 PM PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: All right. I'll open up the floor for public comment, so this is the public comment section for our 2 o'clock or our PZ (Planning & Zoning) Agenda, Part "B." If you are here to speak on item PZ.1 or PZ.2, please approach one of the lecterns. Seeing no one here that wants to speak on those items, I'll close the public hearing. City of Miami Page 133 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 PZ.1 ORDINANCE Second Reading 1900 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 3550 WEST GLENCOE STREET AND 3535 HIAWATHA AVENUE, MIAMI, FLORIDA FROM "T5-R", URBAN CENTER TRANSECT ZONE -RESTRICTED, AND "NCD-3", COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO "T3-R", SUB -URBAN TRANSECT ZONE -RESTRICTED, AND "NCD-3", COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13694 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: And are you ready for PZ.1? You're recognized, sir. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning & Zoning director. Item PZ.1 is before you on second reading. It is the rezoning proposal for a property fronting on West Glencoe Street, at 3550 West Glencoe Street, but also fronting Hiawatha Avenue on the rear. And the request is before you to change the zoning designation from T5-R with an NCD (Neighborhood Conservation District)-3 overlay, which it is presently, to T3-R, with an NCD-3 overlay. Our recommendation is for approval, as was that of the Planning, Zoning & Appeals Board. Happy to respond to any questions you may have. Vice Chair Russell: Thank you, Mr. Garcia. IfI may, Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: So, yes, we've deferred this a couple times, and I'd like to close it up today. I'd like to thank Ms. Tapanes for working with her client and the neighborhood over these past few weeks. What we have are some upset neighbors who feel that they don't have a good neighbor in this developer; and so, they're looking fbr some sort of timelines and restrictions, and hopeful cooperations. And so, Ms. Tapanes has sent an email to my office that I would just like entered into the record. I know it's not conditional on our rezoning, but I would like it entered into the record that this conversation is happening, and that these promises are being made to the community with regard to construction timeline, noise ordinance, and environmental considerations, roadway and drainage work. And so, as we move toward the final plat, I'd like you to know that these promises need to be kept. We'll be back here again, and the neighbors will be in opposition again if they don't feel that they've had a good experience with the developer. I know growing pains are tough, but I think we all can get along. So I'd just like to enter this into the record, Mr. Clerk. Chair Hardemon: You want to be recognized, ma'am? City of Miami Page 134 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Melissa Tapanes-Llahues: Yes, please. Chair Hardemon: Please. Ms. Tapanes-Llahues: Thank you, Chairman. Melissa Tapanes-Llahues with the law firm of Bercow Radell Fernandez & Larkin. Commissioner Russell, thank you very much for assisting us with our efforts with the community. The one item that is noted in my email that you could be of most assistance to not only the neighborhood, but also my client, is expediting the review and approval of that final plat. We would hope that it could be on the July 27 agenda, because if it's not, then we're looking at September; and thereafter, it would begin the County process, which takes a couple months. So if the plat is able to be on the next Commission agenda, then we can keep to the three-month timeline, because we will be going through that County process in the month of August, while this Commission is in recess. Vice Chair Russell: We have a -- we're already beyond our limit of items for this coming agenda. Would the lack of approval of the final plat hold up the construction and sales in any way? Ms. Tapanes-Llahues: Yes, absolutely. Vice Chair Russell: How so? Ms. Tapanes-Llahues: So what transpires is that no closing can occur on these properties until the final plat is recorded. Because of the three months of deferral of this rezoning application, the plat has been on hold. Following this Commission's approval of the final plat, there is a subsequent County process that will take about two months to end in the recording of that final plat. So this -- a plat of this nature, as you know, is a ministerial item; it could be placed on the consent agenda. It is ready to go in your Public Works Department, and it has been ready to go for several months now. So if this item can be put on the July 27 agenda, that would certainly assist us in completing this three-month timeline to complete construction of the underlying three units that are subject to the Major Use Special Permit. Vice Chair Russell: All right. I'll talk with the City Administration, unless they have something to say at this point about the item, about the replatting, the final plat, and the status. Nzeribe Ihekwaba (Director, Public Works): Good afternoon. Zerry Ihekwaba. The package for this plat is actually ready pending this -- passage of this item today. However, that does not grant us the ability to have the plat recorded. It still has to go to the County. Vice Chair Russell: Of course. Mr. Ihekwaba: It still has to go to the County Commission ever before it gets recorded. So you're looking at maybe 60 to 90 days to get this done. Ms. Tapanes-Llahues: That's correct. But the first item is for the Commission to approve it so that we can go on to the County recording process. What I'm saying is, if this plat is not heard until September, that is adding two months to the timeline of the three additional two to three months that it takes to actually record the plat that he mentioned. Chair Hardemon: Does this need to he heard twice; this item need to be heard twice? City of Miami Page 135 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Mr. Ihekwaba: No, it's just once. Chair Hardemon: So once this is heard, where does it go? Mr. Ihekwaba: It goes to Miami -Dade County. Chair Hardemon: So -- Ms. Tapanes-Llahues: No. Chair Hardemon: -- you're saying that your -- Ms. Tapanes-Llahues: I'm sorry. That's the plat. Chair Hardemon: Right. Mr. Ihekwaba: That's the plat. Ms. Tapanes-Llahues: This is the rezoning. The plat is not -- Mr. Ihekwaba: This is the rezoning prior to the plats coming in before you. Chair Hardemon: If -- so this -- the rezoning -- you're saying that the rezoning has to come back? Vice Chair Russell: No. Commissioner Suarez: No. Chair Hardemon: What are you asking to come back? Ms. Tapanes-Llahues: So the re -- Chair Hardemon: Oh, the recoding of the plat. Ms. Tapanes-Llahues: The rezoning is done, and then the plat can be put on the City Commission agenda. Chair Hardemon: Right. Ms. Tapanes-Llahues: What I'm saying is in the regular course, we'd be looking at - - because the rezoning has been delayed. for three months -- and I've been up here for the last three months saying just this -- if it gets put off till September, that adds two months to the timeline, which makes it impossible. We don't gain that month of August through the County process -- Chair Hardemon: But f -- Ms. Tapanes-Llahues: -- so we're looking at a five -month then. Chair Hardemon: -- the City can be ready, and if you don't anticipate you'll have any, you know, pushback from your neighbors; they'll just come in, and we can go through the ministerial process, then let's just add it to the July 27. Vice Chair Russell: I'll move this item now. City of Miami Page 136 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Been properly moved and second. Commissioner Suarez: Second. Chair Hardemon: Any further discussion on the item? Hearing none, all in favor of the item (UNINTELLIGIBLE). The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: All in favor of the item, say "aye." The Commission (Collectively): Ave. Chair Hardemon: All against? Motion passes. Daniel J. Alfonso (City Manager): Mr. Chairman, real quick. So do the Commission want me to bring this back as a public hearing item on September -- I mean, on the 27th agenda? Commissioner Suarez: Sure, whatever. That's fine. Vice Chair Russell: Yes. Mr. Alfonso: Yes? Vice Chair Russell: If it could make it on there, yes. Commissioner Suarez: We waive the restriction. Mr. Alfonso: Thank you. Chair Hardemon: No one -- there are no -- I promise you; we have one person. I'm just playing. Now you have -- then 15 people show up, but we don't anticipate that to happen, because no one showed up yet. Vice Chair Russell: Well, it depends on how well they -- Chair Hardemon: Communicate that message. Vice Chair Russell: -- take care of the neighbors. Yep. PZ.2 ORDINANCE Second Reading 2289 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY, AND PARKING," AND ARTICLE 5, SECTION 5.7, ENTITLED "CIVIC SPACE ZONES AND CIVIC INSTITUTION ZONES," TO CLARIFY REGULATIONS RELATED TO CIVIC SPACE ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13695 City of Miami Page 137 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Sir. Francisco Garcia (Director, Planning & Zoning): Thank you. Ready for item PZ.2? Chair Hardemon: Yes. Mr. Garcia: Item PZ.2 is an amendment to the Zoning Ordinance of the City of Miami to clam that development is allowed in CS (civic space) and CI (civic institution) zoned properties, pursuant to master plans previously approved by the City Commission -- Commissioner Suarez: Move it. Mr. Garcia: -- in public hearing. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded. Is there any discussion? I don 't see any discussion. Assistant City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 138 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 139 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 140 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 141 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 142 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 143 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 144 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 2428 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 55-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO REMOVE THE PROHIBITION ON THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY PRIOR TO COMPLETION OF THE SUBDIVISION IMPROVEMENTS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 145 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.1 2667 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE CITYGRADER.COM WEBSITE BY ENROLLING, TAKING THE PLEDGE, USING THE WEBSITE, AND MONITORING THE FEEDBACK RECEIVED THROUGH CITYGRADER.COM SITE. ENACTMENT NUMBER: R-17-0338 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record: For additional minutes referencing item NA.1, please see item PA.2. Commissioner Suarez: And so, I would just like -- and I don't know what formal action, if any; whether it's a direction, Madam Attorney, that we have to take to basically sign up and take the pledge. Do you need a resolution or do you need just a direction? Victoria Mendez (City Attorney): I would -- just so that we can record it, just direction or -- Todd, a resolution? Commissioner Suarez: What do you think? Ms. Mendez: What's the best wav to record the Commission's directive to advise the Manager to sign up and participate? Commissioner Suarez: To take the pledge and participate in the site. Todd B. Hannon (City Clerk): From a historical standpoint, a resolution would be preferred. Ms. Mendez: Okay, perfect. Commissioner Suarez: So moved. Ms. Mendez: So well create it after the, fact. Mr. Newell: Thank you. Chair Hardemon: Been properly moved and seconded. Is there any further -- Is there any objection to it? Commissioner Gort: I don't have any objection, but I have a lot of questions. A lot of people are staying here. We have 32 municipalities in the City of Miami and we have Dade County. City of Miami Page 146 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: 34. Commissioner Gort: We have the -- 34. Okay, at present. Thank you. Commissioner Suarez: 1 got to -- okay. Commissioner Gort: I've been corrected. Commissioner Suarez: Mr. former president. Commissioner Gort: A lot of time, there's a lot of misinformation; like, you got State roads, you got County roads, City roads and Federal roads. You also have the Transportation. City of Miami doesn't have any input, except for our trolley, but Transportation is a responsibility to the County. So we want to make sure, because a lot of times, I get complaint related to the County, not to the City of Miami, so I have to inform the individual. Commissioner Suarez: Mr. Chair. Commissioner Gort: So if somehow we can inject in there what is the responsibility of the City so people could understand. I don't have any problem with it. I think it'll be very good. Commissioner Suarez: Yeah. Commissioner Gort: Also, I would like to get reports from you all where -- Will you be able to detect where they're coming from? Mr. Newell: Sure, absolutely. Commissioner Gort: Because there's certain communities, certain neighborhoods in our City that they don't have the capability to go into here and put their remarks. And then, this can be used by certain groups to do certain things. Mr. Newell: May I respond real quickly? Commissioner Suarez: Yeah. And Mr. Chair -- through the Chair. But I would just -- I want to support everything that Commissioner Gort has said. And I'll give you an example. I think yesterday or the day before -- I think it was yesterday -- literally, while I was getting a haircut, a lady came to me from Shenandoah, complaining about her streets. And I said to her -- and I think the Mayor would appreciate this, having been our district Commissioner -- I said to her, "This is" -- "it's not our project. It's a Water & Sewer project. We're not involved in it." But she was very -- in fact she said she got polled, and she said that she would not vote for me because of -- Mr. Newell: Right. Commissioner Suarez: -- the project. Mr. Newell: Right. Commissioner Suarez: And I said to her, "Look, you know, I" -- "you have the right to vote for me or not vote for me; that's your choice, you know. But I just want you to know that it a Water & Sewer Project; it not a City of Miami project. In fact, we're doing everything we can on the City side to keep" -- "to hold them accountable City of Miami Page 147 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 and to make sure that they finish the project timely and as cleanly as possible." And then, at the end, she said, "Okay. Well, I'll vote for you now." Thank you. I appreciate that. But the point is that, as Commissioner Gort said, there's a lot of misinformation. And the second piece that he said, which is very important, is you have to try to avoid being used as a tool for manipulation -- Mr. Newell: Sure. Commissioner Suarez: -- because there are a lot of people out there that -- what I call -- I call them "telephone tough guys," you know, where -- you know, they like to hide behind anonymity and then use these sites or use other forums to try to be critical, and try to legitimize their criticism of elected officials when they don't have the guts to do what you guys are doing, which is coming here before us and saying, "Hey, we're going to do this" -- Paola Newell: Right. Commissioner Suarez: -- "and this could be critical, and, you know, we stand by it." So -- Mr. Newell: I appreciate these comments. I'll just say -- and I know -- I know you want to move on; you have a long agenda. The -- We take moderation very seriously, so there'll be two layers; automated layer for profanity, and, you know, unsuitable images; and, of course, the human level, as well. But it's all the more important for you to be a public partner, because you get to, when you're a public partner, actually flag a review and say, "Hey, this isn't right. This is isn't" -- "this doesn't even relate to us." And then we can negate that grade so it won't affect your overall grade, because your grade is a product of all your employees' grades, your department grades and your city grades. So, yes, we take that very seriously. We also will be implementing a sort -- like Yelp uses -- a rating system for the users, themselves. So if people are posting unhelpful reviews or things that are mean - spirited, they'll get knocked off, their rating goes down. And that peer pressure works it very well for Yelp. We think it'll work well for us, too. So we have a lot planned to keep this on the up and up, so to speak, for the cities. Chair Hardemon: Commissioner Gort. Commissioner Gort: No, I'll yield to him. Go ahead. Vice Chair Russell: No, I didn't mean to -- Commissioner Gort: Oh. Vice Chair Russell: Thank you. Thank you for coming. This is a great idea, and I'm glad we're directing the management to get involved. I'd like to take it a step further, though, because what happens a lot of times when the residents have different avenues through which to complain, they feel that that's an official complaint being filed, and we're seeing this now on the Next Door website, for example, where neighbors will say, "Why don't they fix this thing?" And unless we're monitoring that officially, and that goes through a process of dealing with that constituent's request, it gets lost into space and it just reduces our score, perhaps, and they don't get addressed. I would really like to see us strengthen our 311 and our NET (Neighborhood Enhancement Team) Office to really be the catchall for all constituent services in the City. We, as City Commissioners, each deal with constituent services in our own way, and even though we are not the Administration, we are the elected, who are held accountable, so we all get involved in constituent services. This could be an excellent tool that the NET Office could use if it's being City of Miami Page 148 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 monitored regularly and the items that are -- the complaints that are made are channeled properly. So, as the management signs this on, I'd like to see more than just being signed on. I'd like to really see an interactive involvement with this. And I would like to see, you know, 311 and NET Once really, really be strengthened for constituent services even better. Thank you. Mr. Newell: Thank you. And we'd be happy to dis -- explore ways with Miami how to integrate 311 with the site and make them coordinate better, as well. I think it's an excellent point. Thank you, Commissioner. Commissioner Gort: I would like to suggest that for them to get together with the -- Commissioner Suarez: Yeah, absolutely. Commissioner Gort: -- Communications Department and mainly, also, to have something there where they can guide them to our website. I think we have a pretty good website where they can go directly, also. So f you can put something in there so they can also connect with our website, it'd be very important, too. Ms. Newell: Of course. Commissioner Suarez: Mr. Chair. Mr. Newell: We'd be happy to. Chair Hardemon: Yes. Commissioner Suarez: I think connecting to the website creates a lot of that interactivity that the Vice Chair is talking about, and I do think that Commissioner Gort has a great idea. We have a Chief Innovation Officer, Mike Serasti (phonetic), and if they can get together, we could facilitate a meeting between them, there might be ways to cooperate that both sides can benefit from. Mr. Newell: Great. Thank you. Chair Hardemon: All right. Seeing no -- you want --? Yes, sir. Daniel 1 Alfonso (City Manager): Thank you, Mr. Chairman. I'd just like to point out that we have -- we're eager; we can get involved; it's not a problem; we're not concerned. I would like to have the ability to have a conversation with the folks, because even in the beta that we saw, they had -- they're grading us on schools. We have nothing to do with schools; they should be excluded from our grade. That's got to be the School Board. So we'd like to have that conversation. I know that they are very eager to go, and they're presumptuous. They already list us as a partner on their website. I guess they just presumed that you guys are going to approve this. So we would like to have a discussion with them, and we're more than eager to work with them. Commissioner Suarez: Or a possible sort of corollary -- but this would obviously be flushed out in the discussion -- is that if they're going to grade us on schools, there's a disclaimer that says that we're not the School Board, because -- I'll give you an example. I think Miami Beach's interaction with the School Board on schools is much more profound and much more intense than ours is, for example. So, I mean, I still think we have a role to play, and we do play a role with our Poverty Initiative, thanks, in large part, to the Chair, you lcnow, that created it. We have a role to play by and through different organizations and institutions with the School Board, and City of Miami Page 149 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 so, you could grade us on that. But there could be -- there needs to he like a disclaimer. Mr. Newell: Sure. If I may, the schools are there, and not for the school itself to he gradedd, and this is something you probably couldn't see in the demonstration, and I understand, and this is why 1 think a meeting is a good idea. It's there for -- it's the way Zillow uses schooling as a way to give a score, as well. It's the availability of schools within that city, so it's more for residents if they're thinking of moving to Miami or the Gables or the schools like there, or the access to schools, which is something you'll see there. But it's not in order -- it's not necessarily to hold you accountable for the schools. So -- but that's a very, very good point. Commissioner Suarez: But, again, therein lies the tension and the -- Mr. Newell: Sure. Commissioner Suarez: -- sort of complication where you're trying to grade a government, but the function or the -- you're specifying, which is the availability of schools is not under our control. So I think the best way to do it is to -- because, again, part of it, I think -- I would presume is not only for the public to be able to grade us, but to be able to grade us fairly. And I think you have a role ethically -- Mr. Newell: Sure. Commissioner Suarez: -- right? -- to make sure that whatever we're being graded on is a fair representation of the work that we do. Mr. Newell: And this is fantastic feedback. This is why we're here during beta and not during -- after live launch, because this is the kind of feedback we want from the City, from you -- Commissioner Suarez: Thank you. Mr. Newell: -- because this helps us create a better product. That's what we're after at the end of the day, is to have the best product possible. Commissioner Suarez: Awesome. Chair Hardemon: Is there -- Mr. Newell: So we would love to meet. Chair Hardemon: -- any further discussion -- Commissioner Suarez: No. Chair Hardemon: -- on the motion on the floor? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Suarez: Thank you. Chair Hardemon: Thank you very much, sir. City of Miami Page 150 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.2 2669 Office of the City Clerk Commissioner Suarez: Thank you for corning. Mr. Newell: Thank you, Commissioners. Thank you. DISCUSSION ITEM DISCUSSION REGARDING HOMELESSNESS IN THE CITY OF MIAMI BY RESIDENT CATHERINE CHRISTOFIS. rRESULT: DISCUSSED Chair Hardemon: There was a young lady that was approaching before -- Can you please approach the lectern, please? Announce yourself for the record, so your name, your address, and you'll have -- Catherine Christofis: My name is Catherine Christofis, and I'm at 2430 North -- Chair Hardemon: -- five minutes to address us. Go ahead. Ms. Christofis: -- east 135th Street, North Miami. Thank you, Chairman, for letting me speak on this particular matter. Gentlemen, I'rn here as a long-time employee in the Miami Downtown District; actually, it's Mr. Russell's district. And gentlemen, 1 am here because I really need to plead with you, ask for your assistance. Do something with this pervasive, persistent and more tragic problem that I'm seeing with homelessness. We claim that we are a world -class city with our museums, with our condos that are peppering our skyline, with our performing arts center; yet, we are not able to handle a very pervasive problem that creates us to be really a third - world city, and that is our homeless issue. I was walking from my job to the library, and I saw a woman sitting on the floor, crying her eyes out, in rags, and she was asking for help. And I asked her what was wrong, and she said no one cared. I think that really hurt me so much that I said, "I have to come and do something and say something about the issue to you all," and that perhaps something can be done with the $1 billion budget that you have to allocate more to the homeless issue. I know you work with the Miami -Dade Homeless Trust, and I know that their funds have been limited due to the Federal cutbacks, and they have been able to receive more. But, gentlemen, the problem is not really Miami -Dade Countv's as much as it is the City of Miami's. It is prevalent in your area. You do not see the amount of homeless in -- from Aventura, North Miami Beach, Coral Gables, Kendall, Pinecrest. Wherever you go in the County, it is not as pervasive as it is down here. Commissioner Gort: That's the problem. Ms. Christofis: That's the problem. Commissioner Gort: They will not accept them in other places. Chair Hardemon: There's a reason. This has been going on for 20-something years, because all of the homeless shelters are in our City. Ms. Christofis: Exactly. Chair Hardemon: So -- but what Ion saying to you is that we would love for the City ofAventura -- City of Miami Page 151 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Yeah. Chair Hardemon: -- we would love for the City of Pinecrest -- Commissioner Suarez: Yeah. Chair Hardemon: -- we would love for everyone to take a share of the -- of solving the issues of homelessness, and take some of these facilities so that people -- so that homelessness is not concentrated in one spot, and so that we have solutions to it that are available everywhere. But -- Ms. Christofis: Well, I understand that, Chairman. But the thing is, I don't see the -- and from speaking to many of the homeless that I have, they're not really staying in homeless shelters. They're staying on the street, because I'm seeing them sleep at night behind Macy's. I'm seeing them sleep behind your River headquarters. And I don't know what the answer is, and I know it's difficult, but what about buying some of those dilapidated buildings on North Miami Avenue and changing them into affordable housing for the homeless? What about giving special -- sort of vouchers, so they could afford, you know, rental properties? I'm thinking out of the box, and I can, but I just know that we need to do something. What about involving our churches? For instance, our Church of Saint Sophia that is in the Roads goes to the Miami Rescue Mission, provides meals, is providing toiletries, is providing clothes. Right now, we're doing a sneaker drive. Perhaps you can get some of the churches within the downtown area to do something. I had thought when I had spoken to someone in Ken Russell's office that there was a homeless task force being created. I know it's a very difficult subject, and I understand where you're coming from, Chairman, but the problem is here. And I know that the other cities are -- not have the major issues, but that doesn't excuse us to be able to turn a blind eye and say, "There's nothing more that can be done." We just can't have a few toilet, you know, places, like in -- near Jesu Church or in some other areas, because the homeless are still there; they're still sleeping. They're still affecting our businesses, too. I mean, you go into the 7-Eleven, and you find three people sleeping in the front. So I'm here just to plead, if you can do something more with the budget; something to give more to your homeless division, and come up with some ideas from other cities in the country that have had this problem that have successfully beaten it. We have to do something, so I ask for that assistance. And I thank you all. I know it's a hard job that you're all doing, and I appreciate anything you can do for them. Thank you so much. Chair Hardemon: Thank you very much. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're -- Vice Chair Russell: Thank you very much for coming in, and I'd like to speak with you more about this in my office, or otherwise. As the Chairman of the Downtown Development Authority; I have formed a Homeless Task Force. Mr. Tim Schmand is the chairman of that task force, and it's very well attended, and a lot of the stakeholders are there, including the Homeless Trust, and a lot of good ideas are coming about. How we address those, it's -- You obviously have short- and long- term solutions that are involved. For me, the biggest thing we can do in the long term is build more affordable housing from which people can graduate from shelters and move and get their first key, and afford to live, with the wraparound services that get them back into society. Prior to that, we need more units of shelter that can house the people. Prior to that, we need more outreach that gets them to be comfortable coming into that shelter. The risk we had earlier this year with City of Miami Page 152 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Camillus House losing their day budget was severe, and the City did step up and allocated $60, 000 to fill the gap. And the DDA, the Downtown Development Authority added another $50,000 to fill the gap so over 100 people would not be out on the streets during the day, when they could be in, having meals, clothes, showers, services, and getting comfortable coming into shelter. But we don't have enough capacity within shelter and we don't have enough capacity within affordable housing for them to move out of shelter to really put a dent in the situation long term. And I haven't even addressed the issue of drug abuse and psychological issues. So you're absolutely right; it is a crisis and it's very dire. And the City is not ignoring it, and we are taking action, I want to assure you that. But specific concerns you have, I'd be glad to talk with you more. Commissioner Suarez: Mr. Chair. Chair Hardemon: Commissioner Gort; Commissioner Suarez. Commissioner Gort: The -- one of the things we did in my neighborhood, we got the church to create a mentor program that adopted two or three individuals. You need to understand, 80 percent -- about 80 percent of these individuals, they're mentally ill. They need assistance. When the State closed the mental hospital about 20 years ago, these are some of the people you have in the street. So church can be very helpful with those mental program, where you can go and select a person. And then they need someone to take them. We had one -- this one individual. He didn't know where he was from. He didn't have any idea, any documentation at all. So we took him through the process and we find out he was a refugee. He had certain assistance and he received a lot of help, and he's back in the community. So the mental program does work, but the churches got to get involved, and everyone have to get involved. And we have to get somehow a facility where those people can be taken care of because they have a lot of mentally ills [sic]. Commissioner Suarez: Yeah. I just want to say very briefly that it probably the most complex problem we have right now in the City. At the end of the day, you know, the homeless are human beings. Sometimes we categorize them as "homeless," as if that's some pronoun that's separate and apart from the fact that they are human beings. And so, in addition to that, I'm sure you know that we have - - we're the only city, I think, in Dade County -- maybe in the world -- that has a court -mandated set of procedures that we have to follow when dealing with our homeless, and we take that very seriously. I think there is a lot of room for improvement; a lot of room for improvement, and it's something that we absolutely need to focus on, and we even should consider providing resources, too. I know that the Homeless Trust, which I just became a member of tried to get Miami Beach, for example, to tax their hotels and their -- at the same rate that we're taxing our own to provide more resources, because -- Because of the fact that we have this lawsuit, and because of the fact that we have our -- the two Homeless Assistance Centers, essentially, the HAC (Homeless Assistance Center) and Camillus House in the City of Miami, and a lot of the, feedings happen in the City, we are sort of a magnet in many, ways. So it's a complex problem, but, you know, to the extent that I'll be here, I'll be working really hard to solve it. Ms. Christofis: Again, I want to thank each one of you, because I had called all of your offices. Commissioner Gort; and your staff' too, Commissioner Russell, they have been very helpful, and they are trying to do more. I guess what I'm really here for is to try and push it a little bit faster, because I'm seeing it more. I'm seeing it every day and it's -- I'm the one who's facing it. So I hope the Chair and the rest of the Commissioners can do something; although, I do have to say about my own district Commissioner, where our church is, Commissioner Carollo, I had hoped to have heard from your office in doing something more. As what Commissioner Gort City of Miami Page 153 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 said, that was a fabulous idea about mentoring. I have called several times, and to get some sort of input. Whether it's our festival, whether it's a mentor program, whether it's a homeless thing, and I have not heard back, and I was hoping Domini would have returned my calls. So on that note, I still thank all of you, and I hope you do something in the fitture. And 1 hope, if 1 do call back, Commissioner, I'll be able to get more response. Thank you very much, gentlemen, and 1 hope it succeeds. Bye-bye. Daniel J. Alfonso (City Manager): Mr. Chairman, just brief. Chair Hardemon: Okay. Mr. Alfonso: Thank you, sir. I wanted to point out that the City of Miami has the Green Shirt Program, which is subsidized by the City of Miami, because the money that we get from the County is not sufficient, so we subsidize the program; over 40 employees that we provide health and benefits to. In addition to that, in the proposed budget, we have created a Department of Homeless and Veterans Affairs to focus on those issues. We have funded the Beds Program at Camillus House with over $360, 000 for the last couple of years. We, as the Commissioner said, funded Day Beds Program for the remaining of this year, and we put $100, 000 into the proposed budget for next year to continue on that effort, as well. So, I mean, we are putting in some effort. And the food and beverage taxes generated in the City of Miami, and it goes to the Homeless Trust, it's distributed, really, citywide. So that's - Vice Chair Russell: I have a question for the Manager. Green Shirts you mentioned, how many funded positions in the Green Shirts have not been hired? Isn't there a hiring issue with Green Shirts right now; we have some open spaces? Mr. Alfonso: Not to my knowledge, but I will confirm that. I believe we're pretty much fully staffed; maybe a couple of vacancies, but not that many. Vice Chair Russell: Okay. Then we'll speak after, because I heard we have some open seats, but they were having trouble filling them for some reason. I wanted to learn more about, if that's the case, why; if it's a hiring issue. Mr. Alfonso: I will follow up on that. Vice Chair Russell: Thank you. Commissioner Gort: Look, it's my understanding the Homeless just received additional funds from the Federal Government; that's what I read in the paper; that they were able to get back the funds that they lost last year. Mr. Alfonso: Mr. Vickers is telling me that in the Housing Programs, there may be additional, funds. Commissioner Gort: Okay. Chair Hardemon: All right. Thank you very much. Later... Chair Hardemon: Should we go to RE.5 now? Daniel J. Alfonso (City Manager): Yes. City of Miami Page 154 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.3 2670 Office of the City Clerk Chair Hardemon: Yes. Mr. Alfonso: May I just take a second, Commissioners? I want to answer a question from earlier. Commissioner Russell, the fact is we do have 12 vacancies right now in the homeless group, the Green Shirts. We have 11 people that have been put through the process; that list will be certified shortly. And we should have them on board within the next 30 days or so, pending physicals and those kind of things. Vice Chair Russell: 11 of the 12. Mr. Alfonso: II of the 12 -- Vice Chair Russell: That's excellent. Mr. Alfonso: -- should be filled soon. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY, BASED UPON A TRAFFIC AND SPEED REDUCTION STUDY CONDUCTED BY KIMLEY-HORN AND ASSOCIATES, INC., ("STUDY") IN ORDER TO EFFECTUATE THE REDUCTION OF SPEED LIMITS TO TWENTY (20) OR TWENTY-FIVE (25) MILES PER HOUR, ON A NEIGHBORHOOD SPECIFIC BASIS, AS MORE PARTICULARLY DESCRIBED IN THE STUDY, ATTACHED AND INCORPORATED. ENACTMENT NUMBER: R-17-0345 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item NA.3, please see item DI.1. Commissioner Suarez: How about 20 miles an hour in the ones -- the communities thatjustify the 20, and 25 in all the others? Ms. Harris: That's what -- Chair Hardemon: That's what she was saying. Ms. Harris: That's correct. That's -- Chair Hardemon: That's what she just said. Ms. Harris: Sorry. Commissioner Suarez: Okay. So move. I'll move that. Vice Chair Russell: Second it. City of Miami Page 155 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: It's been properly moved and seconded. Is there any further discussion about that? Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: So I'm glad that certain communities met the 20-miles-per- hour speed limit, but it's still uncomfortable for me to say, "Okay, so this area gets 20 miles per hour; and then other areas, which we also represent and know that traffic and speedings [sic] are an issue, only get 25." So I think this is a good first step, and I'm glad we're doing it in some of the areas that are able to get 20 miles per hour -- I think three communities will get it -- but I think it's a first step. I think we need to sort of see how we engage for the other communities, you know. And I could start throwing out communities, you know, from the Grove to Shenandoah to -- you know, other areas that also are having issues with traffic and speeding. I think we shouldn't now, you know, stay stagnant or at least stay -- you know, I think we need to keep pressing to see if we could actually get those communities also to get the 20 miles per hour. Commissioner Suarez: Mr. Chairman. Ms. Harris: And we are addressing them some other ways with traffic -calming devices; and, of course, we request enforcement from police, but the -- it has to meet FDOT guidelines, and FDOT say if 85 percent of the people are speeding -- Commissioner Suarez: That's the thing. Ms. Harris: -- maybe the speed limit is too low. Commissioner Suarez: Yeah. Mr. Chair. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. I was going to say -- First of all, thank you both. Thank the Administration; thank you, Ms. Harris; thank you, Mr. Parjus -- great job -- for listening to our request, formalizing it, getting the study done quick -- very quickly. If we get -- I agree with what Commissioner Carollo said. I don't want to create a two-party system, if you will, but if we get 25 in the whole City and 20 in some select neighborhoods, we're already ahead of the curve -- Ms. Harris: Yes. Commissioner Suarez: -- because the most -- Commissioner Carollo: That's my point. Commissioner Suarez: -- Coral Gables has gotten is 25. Commissioner Carollo: Good first step. Ms. Harris: Yes. Commissioner Suarez: And then, I know -- I've worked a lot with -- through MPO (Metropolitan Planning Organization) and through -- I've worked a lot with, you City of Miami Page 156 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 know, these transportation agencies. And like you said, if —we don't have a study that justifies it, they're not going to do it. Ms. Harris: Right. Commissioner Suarez: So, you know, 1 think he's right. 1 think this is a good first step. Commissioner Carollo: Right. Commissioner Suarez: I think, ultimately, the goal should be, hopefully -- Ms. Harris: Three. Commissioner Suarez: -- to go further. Commissioner Carollo: Right. Commissioner Suarez: But I think we should try to get this, at least start it. Vice Chair Russell: To start. Commissioner Carollo: Right. I think we should get this, and I agree with you, but I want to send a clear message -- Commissioner Suarez: Right. Commissioner Carollo: -- that now, we're not going to rest on our laurels. Commissioner Suarez: I agree. Commissioner Carollo: We're going to try to continue to see if we can get the whole City at 20 miles per hour. Commissioner Suarez: Agreed. Ms. Harris: Okay. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you, Ms. Harris. I have a question about signage. So would this change the default speed limit for an area where there is no sign, for example? Ms. Harris: 30, yes. Vice Chair Russell: So currently, if you're on a street and there's no sign at all, it's a 30 mile an hour? Ms. Harris: That's correct. Vice Chair Russell: And this would change that, right? So that would -- Ms. Harris: Once we post the signs. City of Miami Page 157 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Well, that's going to he my question. So is this going to require signage on every one of those streets that will be at 25 that currently do not have a sign? Commissioner Carollo: Yes, yes. Ms. Harris: It will requires signs, which is estimated -- For 2,500 signs, Public Works said would cost between 200 and $500 a sign, so this could be about a 750 to 1.2 million cost for installation; not maintenance. Vice Chair Russell: So my original goal -- and I wasn't the sponsor of the item, but I'm an advocate for it. I've listened to the community on this issue -- was that we change the default speed so that it wouldn't require signage on every street. Where currently it's 35 or 30, we move it to 25 or 20 -- Ms. Harris: Yeah, I hear you. Vice Chair Russell: -- where possible, and that only the signage would go on the ones that are outliers from that; if it's either lower -- Ms. Harris: Yes, sir. Vice Chair Russell: -- for example, the 20, for example, but that would, one, he a significant cost savings. Ms. Harris: Yes. Vice Chair Russell: But we could start enforcing it and make it known that that is our default speed; that if you don't see a sign on a street, the speed limit is -- whatever we can get it to. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Is that set by the City or is that set by the State? Ms. Harris: State, the State. Commissioner Carollo: And that's whatl was going to -- Vice Chair Russell: The default speed is set by the State. Commissioner Carollo: Yes. Vice Chair Russell: And the study did not contemplate changing the default speed; it just went specifically street by street, study by study. Ms. Harris: The State law, which we're -- I guess we're crossing legislation or something -- Commissioner Carollo: Would trump us. Chair Hardemon: Yeah, it trumps. Commissioner Carollo: Will trump City ordinance. Victoria Mendez (City Attorney): I think you still need the signage no matter what different speed you put in. City of Miami Page 158 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Vice Chair Russell: Do we have signage on all streets? No. We have default speed limit, where it's accepted to -- Daniel J. Alfonso (City Manager): Right. That is the State law, sir. Vice Chair Russell: That is the State. Mr. Alfonso: So we would have to change the State law. Commissioner Carollo: Right. Chair Hardemon: It's uniform throughout the State. Vice Chair Russell: Right. Commissioner Carollo: Yes. Chair Hardemon: So, basically, any driver that you're driving from city to city, you expect -- Ms. Harris: In the State. Chair Hardemon: -- to travel a certain -- Commissioner Carollo: Yes. Ms. Harris: Yes. Chair Hardemon: Right. Commissioner Carollo: Yes. Chair Hardemon: So that's the difficulty' in that. Vice Chair Russell: Got it. Chair Hardemon: So there would probably have to be sufficient notice that their city Mr. Alfonso: So if we move this forward, we're looking at an expense of nearly a million dollars that we'll be putting into the budget. Chair Hardemon: Question I have: Now, I'm assuming this 25-miles-per-hour speed limit is going to be on the interior roads, so within the neighborhoods and not the main -- Ms. Harris: That's correct. Chair Hardemon: -- street. So, for instance, if 46th Street is a main street -- Ms. Harris: It's a County road. Chair Hardemon: -- then 45th Street, which is in the residential area, would not be subject to -- I mean would be subject to, but 46th would not. Ms. Harris: That's correct, that's correct. City of Miami Page 159 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: Okay. Ms. Harris: Yes. Commissioner Suarez: Awesome. Chair Hardemon: Any fitrther discussion? Commissioner Gort: Mr. Chairman. Chair Hardemon: Yeah, you're recognized, sir. Ms. Harris: (UNINTELLIGIBLE) we get a resolution? Commissioner Gort: My only worry is -- and I agree with all this, because people are cutting through our neighborhood, and they're going at very high speed, because they want to get quick to their home and to their job. Unfortunate. Chair Hardemon: Unfortunate, yeah. Commissioner Gort: We have plenty of laws and codes and so on, and people laugh at it many times, because there's no enforcement. So this is something we really need to coordinate with the police and make sure when we start implementing that people understand there's' going to be enforcement that's going to be taking place. So I don't know if in your study, you sat down with the police and talked to them. Ms. Harris: Mm-hmm, yes. Commissioner Gort: Okay. Ms. Harris: Yes. Chair Hardemon: Vice Chairman. Vice Chair Russell: Final question, Ms. Harris: Considering we implement the budget, what's the timing for this? And do you have a map, an overlay where we can start communicating to residents where they can expect to see these changes? Ms. Harris: Do I have a map? Vice Chair Russell: Is there a visual map of which streets will see the change? Ms. Harris: Yes, I could provide a map. I don't currently have it, but I could get you a map, without a doubt. Vice Chair Russell: And then, what is the timing of rolling this out to where the community can expect to see the change after we pass this? Ms. Harris: It would be a Public Works thing about the installation and the procurement of the signs when the study is complete. Commissioner Suarez: And County would have to approve it, right? I don't think that just because -- Ms. Harris: 1-- oh, thank you for mentioning that. City of Miami Page 160 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Commissioner Suarez: Yeah. Ms. Harris: I would need a resolution, basically; the decision here to do it by neighborhood by neighborhood, and have to enter interlocal agreement with the County. Commissioner Suarez: Yeah. Vice Chair Russell: You'd need a resolution from us for --? Commissioner Suarez: Yeah. Ms. Harris: Yes. Commissioner Suarez: We already moved it. We made the resolution, so -- Chair Hardemon: Moved, and we seconded. Commissioner Suarez: -- we got to vote on it. Chair Hardemon: We're still discussing. Ms. Harris: Okay. So then, with that, I would go to the County and get a interlocal agreement -- Commissioner Suarez: Hopefully. Ms. Harris: -- for the maintenance and installation of the signs. Yes. Vice Chair Russell: So timing what would be the best case scenario? Ms. Harris: It's government. Chair Hardemon: Yeah. Commissioner Gort: A year. Chair Hardemon: 20 years. Ms. Harris: I will speak with the -- Chair Hardemon: The County has -- Mr. Alfonso: The County has a committee process -- Commissioner Gort: A year. Mr. Alfonso: -- and then -- so it would take some time, Commissioner, but -- Commissioner Suarez: Push; we'll push, we'll push. Mr. Alfonso: -- we will do our best to move it. Ms. Harris: (UNINTELLIGIBLE) a methodology going in. Vice Chair Russell: I just don't want to create a false expectation within the community that we passed this, and then tomorrow, it's -- City of Miami Page 161 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.4 2656 Commissioners and Mayor Commissioner Suarez: I wouldn't -- Chair Hardemon: It will not be tomorrow. Ms. Harris: Their methodology was reviewed going in by the County. Commissioner Suarez: Vice Chair -- Ms. Harris: So then (UNINTELLIGIBLE). Commissioner Gort: It's not going to happen (UNINTELLIGIBLE). Commissioner Suarez: -- I would hold your horses, because the County could take a bit. Chair Hardemon: Yeah. Commissioner Gort: It takes a long time. Vice Chair Russell: Thank you. Mr. Alfonso: We know the Public Works director over there, so, you know, we might get help. Commissioner Suarez: Oh, the Public Works director, but still -- nevertheless. Chair Hardemon: All right. So seeing no further discussion, all in favor of the motion on the floor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion shall carry. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-17-0344 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: We're going to recess this meeting until 2 o'clock. Vice Chair Russell: 3. City of Miami Page 162 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 Chair Hardemon: All right. Commissioner Suarez: Thank you. Commissioner Gort: I got a small pocket item. Can we take it? It'll be a minute. Commissioner Suarez, please, one pocket item. Commissioner Carollo: Commissioner Gort's asking. Commissioner Gort: You want to read it? Victoria Mendez (City Attorney): It's a resolution of the Miami City Commission, urging Governor Rick Scott and the members of the Florida Legislature to enact legislation that would make texting while driving a primary offense, and directing the City Clerk to transmit a copy of this resolution to Governor Scott and the members of the Florida Legislature. Commissioner Gort: Move it. Commissioner Carollo: Second. Ms. Mende: Apparently 46 other states already have this legislation. Chair Hardemon: Well, I mean -- Commissioner Gort: Thank you. Chair Hardemon: -- what about eating while driving, or smoking while driving, or, you know, reading while driving, talking while driving, even? And how do you know they were texting? I mean, Facebook Live while driving. I mean, I don't know if you're going -- The police are not going to be able to enforce -- This is going to be ridiculous. This is going to be stopping, stopping, stopping, stopping, stopping. It's been properly moved and seconded. Any further discussion? Is there anyone from the public that wants to speak on this item? I don't see any. So therefore, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 163 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.5 2671 Office of the City Clerk ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JULY 27, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 5:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Calling the meeting back into order. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. I need to announce a shade meeting for July 27, if you will. Mr. Chairman, members of the City Commission, pursuant to provisions of Section 286.011(8) Florida Statutes, the City Attorney is requesting at the City Commission meeting of July 27, 2017, an attorney -client session closed to the public be held for the purpose of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corporation versus City of Miami; Case Number 17-13829-CA-44; pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 5 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; City Manager Daniel J. Alfonso; City Attorney Victoria Mendez; Deputy City Attorney Jonathan Greco; Division Chief for General Litigation Chris City of Miami Page 164 Printed on 08/02/2017 City Commission Meeting Minutes July 13, 2017 NA.6 2672 Office of the City Clerk ADJOURNMENT Green; Gonzalo Dorta, Esquire; Matias Dorta, Esquire; and Laura Besvinick, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. DISCUSSION ITEM CITY MANAGER, DANIEL J. ALFONSO, PAID TRIBUTE AND RECOGNIZED CITY OF MIAMI EMPLOYEES, INCLUDING MEMBERS OF THE POLICE AND FIRE DEPARTMENTS, FOR THEIR HARD WORK AND EFFORTS DURING THE 2017 MAJOR LEAGUE ALL-STAR GAME. RESULT: DISCUSSED Daniel J. Alfonso (City Manager): The other thing that I wanted to do is take this opportunity to recognize all of the employees in the City of Miami in the Police Department and Fire, Solid Waste, and the various other departments who participated in the All -Star Game and celebrations, and cleaning up the streets, and all those things. 1 think they did a fantastic job. We had a great event within an event that was unwarranted. So 1 just want to commend all our staff for that, so thank you. The meeting adjourned at 4: 48 p.m. City of Miami Page 165 Printed on 08/02/2017