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HomeMy WebLinkAboutCC 2019-01-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 24, 2019 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 24, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 24th day of January 2019, 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 Russell at 9:05 a.m., recessed at 11:34 a.m., reconvened at 12:25 p.m., recessed at 12:25 p.m., reconvened at 2:31 p.m., recessed at 9:10 p.m., reconvened at 9:25 p.m., and adjourned at 11:14 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:06 a.m., Commissioner Hardemon entered the Commission chambers at 9:08 a.m., and Commissioner Carollo entered the Commission chambers at 9:25 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, and welcome to City of Miami City Hall. The Federal Government is closed, but we are open for business. I'd like to welcome you to the January 24, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, Vice Chair; and me, Keon -- Ken Russell, Chairman. Also on the dais are Emilio Gonzalez, City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, City Clerk. The meeting will be opened with a prayer by Commissioner Gort. Vice Chair Gort: Thank you. Good morning. Invocation delivered. Chair Russell: Please remain standing and address the flag for the pledge of allegiance. Pledge of allegiance delivered. Chair Russell: Thank you very much. We are welcoming our Commissioners. PART A - NON -PLANNING AND ZONING ITEM(S) PR -PRESENTATIONS AND PROCAMATIONS 5461 PROTOCOL ITEM Honoree Presenter Protocol Item Devin M. Cejas Mayor Suarez Proclamation RESU LT: PRESENTED City ofMiarni Page 1 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 1) Mayor Suarez and Commissioners presented a Proclamation to Mr. Devin M. Cejas. Mr. Devin M. Cejas is a dedicated and hardworking community leader who served as Director of the City of Miami Zoning Department. Mr. Cejas also served our community as City of Miami Zoning Administrator, Zoning Manager, Zoning Plans Examiner, and WALK Landscape Architecture and Urban Design Corporation Project Manager. As Director of the Department of Zoning, Mr. Cejas diligently worked to assist residents of the City Miami and improve the services provided by the department. For example, he established the City's new permitting system for the Building, Zoning, Planning, Public Works, and Capital Improvement Departments, ensured that the City's zoning ordinances followed state law, and improved the processing time for City Permits and Certificates of Use by 75%. His lengthy public - sector career, has earned numerous prestigious awards, including the 2012 American Society of Landscape Architects, Florida Chapter (FLASLA) Award of Merit in Urban Streetscape and Public Space Project and the 2011 Florida International University (FIU) Faculty Award on Excellence in Academic Achievement. Mr. Cejas is a devoted member of our community whose deep passion and expertise on residential and commercial landscape have allowed him to teach university level courses, and has participated as juror on selected university projects. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor and commend Mr. Devin M. Cejas' accomplishments and wished him farewell and good luck in his new endeavor; thereby proclaiming Thursday, January 24, 2019 as "Devin M. Cejas Day" in the City ofMiami. Chair Russell: We are about to begin our presentations and proclamations, please. I hope everyone had a wonderful Martin Luther King Weekend. It was a very special weekend of peace and protest, and transition; some here in Miami and some overseas that we'll be addressing. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Oct 11, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Can I get a motion to approve the minutes of the following meeting? October 11, 2018. Commissioner Reyes: Move. Chair Russell: It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any discussion? All in favor, say "aye. If The Commission (Collectively): Aye. City ofMiami Page 2 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 ORDER OF THE DAY Chair Russell: Any opposed? Motion passes. Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Mr. Chair. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period or at any other designated time. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov. com [sic]. No cell phone or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Russell: Morning. Good morning, Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman. Thank you for the music this morning, and we will be submitting our own recommended playlist for your consideration -- Chair Russell: We take requests. City of Miami Page 3 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Gonzalez: -- as we move forward. Yes, sir. Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk, at this time, the Administration would like to defer and/or withdraw the following items: Item CA.4, to be deferred to February 28; Item SR.1, to be indefinitely deferred; Item FR.1, to be indefinitely deferred. And that's all we have. Chair Russell: Thank you, Mr. Manager. Is there anyone from the dais who would like to change anything in the order of the day? I would like just to bring attention to a couple of time certain items that we have: PZs.15, 16, 17, and 18. This is the Liberty Square rezoning. This will be held at 2:30 p.m. PH.4, which is allocating funds towards children's savings accounts, will be at 4 p.m. PZ.9, which is zoning text, NCD (Neighborhood Conservation District) rewrite, is at 5 p.m. We'll be taking RE.7 out of order a little bit early -- that is the Grupo de Lima -- in just a moment. And we'll be opening public comment in just a bit. So if I could get a motion approving the order of the day, that would be great. Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort; seconded by the Chairman. Any comments? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: We're going to now move to public comment, and I'd like to let you know how today is going to go for those of you following at home. If you go to the new miamigov.com, you'll see our brand-new website is now live. Congratulations to the City Manager and Mike Sarasti in getting this all together. And you'll see a link called "Your Government." If you click on that, you'll see a link called "Agendas" -- "Meetings and Agendas," and you'll see our agenda for today. You can follow along from there. We are going to be taking up the consent agenda, and then the public hearing agenda, and the resolution agenda this morning. It's going to go quick. We're going to be efficient. We're lean, but not mean. And by that, I mean we are -- you are our boss, as the public, and if you're here to speak, you will be heard. The way I intend to do this is we have three time certain items. If you're here to speak on any of those time certain items, I recommend, if you are able, to save your comments for that time. If you're here to speak about Liberty Square, The Children's Savings Account, or the NCD (Neighborhood Conservation District) amendment, you can come at 2:30, 4 p.m., or 5 p.m., respectively, and speak at that time. If you are here now, we will be opening public comment for the remainder of the agenda, and you'd like to speak on that item, you are welcome. If at 2 p.m., when we open public comment, you'd like to speak on any of those items, or the Planning & Zoning agenda, you are also very welcome. All you need to do is approach the lecterns; you can start doing so now. And you can state your name; if you'd like, where you're from. You have two minutes each. And as mentioned, if you can reserve comments on the time certain items, I recommend it. It keeps the conversation together for the Commissioners as they deal with those items. It'll be very fresh in their minds. The comments that you make will be more impactful. But you are welcome now. This is your house. So opening public comment, please. Brett Bibeau: Honorable City Commission, good morning. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. On PZ.5, this item was previously unanimously adopted by the City City of Miami Page 4 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commission at first and second reading, and is before you again today, due to a advertising technicality. I respectfully recommend approval of Agenda Item PZ.5, which maintains the Zoning Code's current requirements for the Public Miami River Greenway/Riverwalk. The Public Miami River Greenway is being implemented consistent with the City of Miami's adopted Comprehensive Plan, the Miami River Greenway Action Plan, and additional adopted plans. Thanks to a strong positive partnership between the public and private sectors, 6.5 miles or 65 percent of the public riverwalk is complete, with only 3.5 miles or 35 percent remaining to be constructed. The riverwalk is significantly improving the natural environment and economy, with over 8,000 connecting new residential units; 7,450 additional approved units; and major hotels, with an additional three approved hotels, featuring 1,160 new additional rooms; 23 operating restaurants, with an additional 23 planned restaurants; and over 550,000 square feet of retail are currently under construction. The Miami River Greenway serves as a safe transportation route for alternate forms of transportation, like bicycles and pedestrians, and directly connects to Metrorail. In addition, walking and biking on the Miami River Greenway improves your physical health. On PZ.19, the City of Miami subject application to incorporate freeboard in the flood plain, and clarifying language for raising structures within the floor plain was presented and considered by the River Commission's Urban Infill and Greenway Subcommittee on December 12. The subcommittee Chairman suggested the River Commission recommend approval of the item, and the City encourage future eligible applicants to exercise their new option to include up to five feet of freeboard. The item was deferred at the River Commission's January meeting to our February 4 meeting. Your time and continued strong support of the Miami River District are appreciated. Thank you. Chair Russell: Thank you very much. Mr. Aguirre. Horacio Stuart Aguirre: Thank you, Mr. Chairman. Commissioners, Horacio Stuart Aguirre, a proud resident of the Miami River District, 1910 Northwest 13th Street. I'm here in support of what I believe is PZ.20, and that is a project being sponsored by Bayside Marketplace; specifically, the sky wheel. All major cities, as you know, have iconic signature statutes. Paris has its Eiffel Tower; New York has its grand buildings, the Empire State Building; Seattle has the iconic Needle; St. Louis has the Grand Arch. The City of Miami really doesn't have an iconic signature item on its skyline, other than a fabulous, beautiful skyline, where sometimes you don't see so much sky. We think that this would be a grand addition to Miami. It would be something that would draw attention to us that would bring an attraction that we really need, other than the retail and the food and beverage that we have at Bayside. So I strongly support this, and I do so freely and willingly, with no compensation from the sponsor. Thank you, sir. Chair Russell: Thank you very much. For those here for public comment, please share both lecterns, and we can alternate back and forth much quicker. Please, sir, you're welcome to start. Eddy Leal: Good afternoon -- actually, good morning. Eddy Leal, on behalf of 1420 Brickell Bay Drive. The item that I want to address is D1 [sic]. I want to mention before my remarks is that we have a number of neighbors that haven't come, and I'm going to mention them: Melissa, Ana Maria, Judy Santos, Sarah Powell, Christine, James, and Roxanne. What we're asking is for a continuance, a deferment of this matter for the following reasons: One, we only knew about this item yesterday, so the time to evaluate what the City Attorney is attempting to sign in the public records has had barely any time for us to review it. Number two, from my review and from the conversation that we had this morning, Devin Cejas is no longer going to be in the City of Miami; he's going to be the City of Coral Gables, and he's the person that signed what apparently was asked of him in regard to a zoning thing. So without City of Miami Page 5 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 him, it's going to be complicated to get additional information. Last, but not least, we would like to get -- well, actually, this is not the last item -- a public record request, so we can further understand how the documentation transpired between that property owner and the City of Miami. And the City of Miami email that was sent on January 24 -- January 6 -- regarding this agenda, when you click on it, it actually sends you to the January 10 agenda, so it actually sites incorrectly -- links incorrectly to the agenda. So if you are a concerned citizen, like many that we have here, and you're trying to find the agenda, you would have presumed that this was actually deferred. I'm sure it was a scrivener error. Chair Russell: Can you say that again? I'm sorry. Mr. Leal: Yes. Chair Russell: So if you -- where do you see an incorrect link? Mr. Leal: If you go to the old website, which I know recently got changed, I think, as of yesterday. You get -- you can subscribe yourself to receive the City of Miami agenda items. In one of the emails that I received, it says, "City of Miami Commission agenda for January 16." That agenda refers to the one for today. But if you click on the links, it will, unfortunately, lead you to the January 10 regular Commission meeting. It will not send you to the agenda item here, which is confusing. And it took perhaps someone sophisticated to kind of navigate it and understand what exactly was going to be held by this panel. So for those reasons, I ask for -- to defer, for us to continue this matter, because the issue that is being addressed is something that is very sensitive to the fabric and nature of our community at Brickell Bay Drive. Many citizens, many neighbors, and the ones that we were able to gather today in less than 24-hour notice, are here, are present. I ask them to stand if you're here on this issue; please stand. I know we're short on time, but I just want the Commissioners to recognize the importance of this issue for our community. I've lived there essentially my whole life, and many of the residents have lived their whole life. This is a delicate matter, and we ask it not to be considered by the Commissioners and by the City Attorney until we have an opportunity -- And I'm not the only one addressing this issue. My colleague here, another President of another board, will address it in a little more specificity the issues that we just see from a global perspective; so more time to evaluate this, because it's a delicate matter that we care about deeply that would affect the fabric of our neighborhood. And I know it's something that -- I know Commissioner Reyes and Chair -- Commissioner Russell, it's your district -- and Commissioner Reyes have talked about this issue, which is informing the public. And this is an issue of -- the limited information that we have, it was linked incorrectly, and we just need more time to properly assess where we are on this. With that, I (UNINTELLIGIBLE) the floor to my colleague. Thank you. Thank you for the time. Chair Russell: Thank you for your comment. Later... Chair Russell: Back to public comment, please; other comments on the regular agenda. If you can speak to the regular agenda, anyone, please approach both of the lecterns. Say your name, which item you're speaking on, and you may speak for two minutes. Alexander Delgado: Hi. Good morning. My name is Alex Delgado. I'm a -- I live at 1450 Brickell Bay Drive, Apartment 1412, and I'm also a small business owner here in the City of Miami. I'm here in support of PZ.20, which is a sky wheel, which will be located in downtown Miami, and as well as the gentleman prior, who City of Miami Page 6 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 mentioned that, I believe that this would definitely be an iconic landmark for our City. The sky wheel not only will be an iconic landmark; it will provide entertainment for all people of all ages. Our residents and our visitors alike will be able to experience our beautiful City from impressive heights. We can all enjoy the panoramic views and have great photo opportunities. The project will also bring new jobs for our residents here in the City, so everyone is going to benefit from the sales tax revenues, as well. Also, other small businesses will be impacted since it's going to bring more people into the area, and liven it up even more than it already is. And one very important point that I found was that the project is also privately financed, so it's a win -win, I believe, for everyone in the City and for all of the residents, alike. So thank you for your time. Chair Russell: Thank you very much. Ma'am. Pamela Garcia: My name is Pamela Garcia, and I'm at 401 Biscayne Boulevard. I'm a business resident, and I'm here in support of PZ.20, amending the Zoning Ordinance, as well, for the sky wheel. I believe tourism is good for our community, and as a resident of Miami my entire life, and former business owner, I support the sky wheel. Our skyline will be among the top 10 in the world. As it was previously said, in London, we have the London Eye, and in Paris, we have the Eiffel Tower. In Miami, this will be ours. The skyline will be a nice addition to our waterfront, where all can benefit and enjoy; not just the condo owners. Designed not to obstruct water views, only complement, the sky will provide family friendly entertainment, as well as a romantic scene. Ticket prices will be low, starting around $12, and we will have discounts for students, seniors, and military members. This will generate sales revenue; again, a win for the City. It requires no City of Miami financial obligation. Again, it's a win for the City. Chair Russell: Thank you. Miss. Loretta Fernandez: Good morning. My name is Loretta Fernandez, and I'm here as a City of Miami resident, as well as a City of Miami business resident, and I'm also in support of PZ.20, for the sky wheel. It's going to be a great addition to our City; as mentioned, sales tax revenue from the ticket sales. We're going to have a beautiful addition to our Biscayne Bay that does not obstruct views, and it's a great addition to the festival center that we have already, and the Central Business District. This is going to be a perfect date night opportunity, family outings. It's great for any age, and I fully support this. Chair Russell: Thank you very much. Santiago Reinoso Gonzalez: Good morning. "Mi nombre es Santiago Reinoso Gonzalez. Yo estoy aqui para apoyar a" -- Chair Russell: One moment. "Momento, por favor." Mr. Gonzalez: Sorry. Commissioner Reyes: One moment. We got a translator. Chair Russell: Translation. Commissioner Reyes: You can do it. Chair Russell: You don't want my translation. "Sigue, por favor." City of Miami Page 7 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Gonzalez (As translated by Official Spanish Interpreter Mariana Campos): Good morning. My name is Santiago Reinoso Gonzalez. I'm here to support PZ.20, sky wheel. I live in 2508 Southwest (UNINTELLIGIBLE) Street, Miami, Florida, of course. I think this opportunity of having this project, it's going to bring great benefits to the City of Miami, especially entertainment for peoples of all ages, new employees for residents, and offers a lot of job opportunities. I think all cities have had their signature architecture, so I think that as a whole, it will be a great benefit. Thank you. Chair Russell: Sir. Parker Gammon: Good morning. My name is Parker Gammon. I'm the Minority and Small Business Manager for the Miami -Dade Chamber of Commerce, 100 South Biscayne Boulevard, 3rd Floor. I'm here representing the President of the Chamber, Mr. Eric Knowles. We are in full support of PZ.20, the sky wheel. Miami is already an incredible city, and has some of the most beautiful architecture in the world. However, the sky wheel will be a beau -- an incredible addition to that. Over and above the obvious, the Chamber believes it will provide job opportunities for the Overtown areas, the Model City areas, the Little Haiti areas, as well as create additional revenues for some of the existing businesses that can benefit from the overflow of tourism. We would appreciate your support, and Miami -Dade Chamber of Commerce is in full support of the sky wheel. Chair Russell: Thank you very much. Mr. Gammon: Thank you. Cornelius Shiver: Good morning. Chair Russell: Cornelius. Mr. Shiver: I'm here in support of PZ.8 and PZ.9. My name is Neil Shiver. I'm a property owner at 3095 Plaza Street. Commissioners, I think I have a obligation to be here for the following reasons: First and foremost -- I won't spend much time speaking on how the first black community in Miami, a community of property owners find themselves today as tenants in despair. But what I would say, though, is that the cause is basically public and private neglect. Your predecessors have broken promises to this community. The private sector, my neighboring -- my neighbors, who speak in terms of one Grove have always, when the decisions were tough, taken their property interest over the quality of life of those in the historically African American community. And so, we find ourselves on our deathbed, and the obituary has been written. But this legislation offers a lifeline, some oxygen. It provides for incentives for affordable housing; it provides incentives for workforce housing. Selling is not the option. We all have not sold our property. And what I would say is the long-term solution is for Miami -Dade County to revitalize that substandard, outdated housing developments they have in my community, because they are mandated to assist low, moderate, and elderly people. So let me just conclude by saying that I ask that this Commission support Commissioner Russell. I applaud your leadership. Clearly, we're giving out of options and we're giving out of time. Thank you. Chair Russell: Thank you very much. Paul Dudley: Good morning, Mr. Chairman, Commissioners, Madam City Attorney, and Mr. City Manager. My name is Paul Dudley, from the Miami Heliport, at 1020 McArthur Causeway. I'm here to answer any questions you may have in PH.1, and I respectfully ask for your approval, and thank you again for your continued support. City of Miami Page 8 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you very much. Mr. Talbert. Bill Talbert: Good morning. Bill Talbert, Greater Miami Convention and Visitors Bureau, representing the bureau; and also representing Wendy Kallergis, Greater Miami and the Beaches Hotel Association. We're speaking on strong support for the Bayside sky wheel, an iconic addition to downtown Miami, one of the great downtowns in the world. You know, the timing couldn't be better, because in 374 days from today, you're going to have your record 11 th Super Bowl. The whole world will be watching, and this will be a great addition. You know, a billion people will be watching you, so it will be up next summer, downtown. We strongly support it, the Convention Bureau, the Hotel Association. Thank you for your support. Commissioner Reyes: You going to ride it? Mr. Talbert: Pardon me? Commissioner Reyes: Are you going to go on that wheel? Mr. Talbert: I'll be the second person after you, Commissioner. Commissioner Reyes: I'm afraid of heights. Chair Russell: Thank you, Mr. Talbert. Further public comment? Maria Guadamoz: Good morning, everyone. My name is Maria Guadamoz. I live at 81 Northeast 47th Street; also a small business owner. I'm a local to this community pretty much all my life. I've been here today -- I'm here today to support the iconic sky wheel for Bayside Marketplace. I live, work, and play in my community. I shop, I eat, I drink, and I take my family on a fun Sunday at Bayside. I can't imagine what sky -- the sky wheel can do to Bayside. It would definitely bring entertainment, it would definitely bring employment, sales tax revenues. And what else? That iconic view, one thing, and I support, and we ask you for your support. Thank you very much. Chair Russell: Thank you. Any further public comment? Seeing none -- Commissioner Reyes: Well -- Chair Russell: Mr. Monty Trainer. Commissioner Reyes: -- here comes the man. Vice Chair Gort: I like that guayabera. Commissioner Reyes: That's right, Mr. -- Monty Trainer: Monty Trainer, 2349 South Bayshore Drive. I just want to take a quick comment, and I know this -- I don't want to get too wordy. But it's a great privilege in this City, and look what we have with our Commission, Manager, Todd, Victoria, to have such an open forum, where we can always come and speak our mind. It's been a great, great run, and to be able to do this all the time, it's wonderful. And to speak about Bayside, being Chairman of the Host Committee for Miami, we've had the opportunity to work with Bayside every New Year, and it's over 30 years now. And Bayside has always been the lynchpin for our New Year's Eve event. And there's no amount of -- There's a can -do atmosphere about the Bayside. They're always willing to help. And this is just a further embellishment on what City of Miami Page 9 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Bayside can do, and what they will do, and what they're always doing. They're always moving forward. They get 24 million people a year going through Bayside. So this is a further opportunity to offer them entertainment. And then what we have on the plate, as far as Billy was talking about, as far as the Super Bowl and everything coming, that's going to be wonderful with the Bayfront Park, and what they do at Bayside, so -- and then we Jeff Berkowitz' project. So Miami downtown is going to be something -- it's going to be worldwide recognition. And I thank you for your consideration, and wonderful to have a new City Manager, and it's just great to be a part of this whole situation. Thank you. Chair Russell: Thank you very much. Seeing no further public comment, we'll be closing. We'll be opening public comment again at 2 p.m., after lunch, and then at each of the time -certain items. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Russell: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETOES City of Miami Page 10 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo RESOLUTION CA.1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 5277 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT RUNNING WITH THE Office of Capital LAND IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA Improvements ("COUNTY") PURSUANT TO A 2016 CONSENT AGREEMENT BETWEEN THE COUNTY AND THE CITY OF MIAMI ("CITY"), IN SUBSTANTIALLY THE ATTACHED FORM ("RESTRICTIVE COVENANT"), AS PART OF THE CITY'S REQUISITE APPROVAL FROM THE COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT, FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B40668, MIAMI MARINE STADIUM, CONCERNING THE PLANTING OF MANGROVES IN A DESIGNATED "MITIGATION AREA" FOR PRESERVATION AND MANAGEMENT AT THE MIAMI MARINE STADIUM ("PROPERTY") IN ACCORDANCE WITH THE CONDITIONS OF CLASS I PERMIT NO. CLI-2016-0388. ENACTMENT NUMBER: R-19-0035 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." City of Miami Page 11 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.2 RESOLUTION 5307 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI- DADE COUNTY ("COUNTY") FOR THE USE OF APPROXIMATELY FOUR THOUSAND EIGHT HUNDRED TEN SQUARE FEET (4,810) OF OFFICE SPACE IN THE CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, KNOWN AS THE MANUEL ARTIME COMMUNITY CENTER, WITH AN INITIAL MONTHLY RENTAL FEE OF SIX THOUSAND THREE HUNDRED SEVENTY NINE DOLLARS AND 46/100 ($6,379.46) AND INCREASES OF THREE PERCENT (3%) PER YEAR FOR A PERIOD OF FIVE (5) YEARS, WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW WITH A FUTURE RENT MODIFICATION AND REDUCTION TO ONE DOLLAR ($1.00) PER ANNUM FOR THE REMAINING TERM, INCLUDING ALL OPTION PERIODS, CONDITIONED UPON (1) RATIFICATION BY ALL PARTIES OF THE PENDING LEASE AGREEMENT BETWEEN THE CITY AND THE COUNTY FOR THE USE OF TWO THOUSAND EIGHT HUNDRED EIGHTY TWO (2882) SQUARE FEET OF OFFICE SPACE IN THE COUNTY -OWNED PROPERTY LOCATED AT 1897 NORTHWEST 20TH STREET, MIAMI, FLORIDA ("NET OFFICE LEASE") FOR THE PURPOSE OF OPERATING A CITY NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE AND (2) RATIFICATION OF A POSSESSION DATE CERTIFICATE UNDER THE TERMS AND CONDITIONS OF THE NET OFFICE LEASE, ATTACHED AND INCORPORATED AS EXHIBIT "A," AS STATED THEREIN; WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. ENACTMENT NUMBER: R-19-0036 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." City of Miami Page 12 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.3 RESOLUTION 5309 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI- DADE COUNTY ("COUNTY") FOR THE USE OF APPROXIMATELY TWO THOUSAND EIGHT HUNDRED EIGHTY TWO (2,882) SQUARE FEET OF OFFICE SPACE IN THE COUNTY -OWNED BUILDING LOCATED AT 1897 NORTHWEST 20TH STREET, MIAMI, FLORIDA FOR A FIXED ANNUAL RENTAL FEE OF ONE DOLLAR ($1.00) FOR A PERIOD OF FIVE (5) YEARS WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW FOR THE PURPOSE OF OPERATING A CITY NEIGHBORHOOD ENHANCEMENT TEAM OFFICE TO PROVIDE RELATED RESIDENT SERVICES. ENACTMENT NUMBER: R-19-0037 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 - Item Pulled from Consent 5306 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND ACCEPTING A DONATION OF $800,000.00 FROM MIAMI-DADE COUNTY ("COUNTY") PURSUANT TO COUNTY RESOLUTION NO. 650-18 ADOPTED ON JULY 10, 2018, APPROVING THE ALLOCATION OF $800,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 — "ACQUIRE OR CONSTRUCT MULTI -PURPOSE FACILITIES," FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI OWNED BUILDINGS CURRENTLY OPERATED BY SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. AS THE DR. ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BLVD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK). MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item CA.4 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item CA.4, please see "Order of the Day." City of Miami Page 13 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.5 5247 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARTICIPATING AGENCIES TO EFFECTUATE THE APPORTIONING OF GRANT FUNDS PREVIOUSLY RECEIVED FROM THE DEPARTMENT OF HOMELAND SECURITY ("DHS"), FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), AND ALLOCATED VIA RESOLUTION NO. 17-0494, ADOPTED ON OCTOBER 26, 2017, TO SPECIAL REVENUE PROJECT "FISCAL YEAR 2016 — PROGRAM TO PREPARE COMMUNITIES FOR COMPLEX COORDINATED TERRORIST ATTACKS," TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE AND THE SOUTHEAST FLORIDA REGION, TO ENHANCE AND SUSTAIN THE REGIONAL PREPAREDNESS FOR COMPLEX COORDINATED TERRORIST ATTACKS. ENACTMENT NUMBER: R-19-0038 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." City of Miami Page 14 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.6 RESOLUTION 5269 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), AND THE CITY OF MIAMI ("CITY") TO PROVIDE FUNDING FOR THE CITY'S HOMELESS SHELTER PROGRAM, TO INCLUDE THE PROVISION OF SEVENTY-FIVE (75) BEDS IN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS EMERGENCY SHELTER, FOR NIGHTLY USAGE BY HOMELESS INDIVIDUALS AND PROVIDING OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS WHO ARE PLACED BY A MIAMI POLICE OFFICER IN ACCORDANCE WITH THE POTTINGER SETTLEMENT ("AGREEMENT") AT THE TOTAL COST OF FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000.00), WITH CONDITIONS AS STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS ("GRANT") COMMENCING DURING THE CITY'S 2018-2019 FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDING AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE AND FURTHER THE GRANT ALLOCATION AND APPROPRIATION. ENACTMENT NUMBER: R-19-0039 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." City ofMiarni Page 15 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.7 RESOLUTION 5270 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE") AND THE CITY OF MIAMI ("CITY") TO PROVIDE GRANT FUNDING FOR THE CAMILLUS HOUSE DAY SERVICES PROGRAM WHICH IS DESIGNED TO PROVIDE MEANINGFUL AND ENGAGING ACTIVITIES FOR QUALIFYING PARTICIPANTS AND TO PROVIDE SAID PARTICIPANTS WITH, A HOT MEAL, A SHOWER, MAILBOXES AND IDENTIFICATION SERVICES TO ASSIST WITH RE-ESTABLISHING THEIR CORRESPONDENCE AND IDENTIFICATION, AMONG OTHER THINGS, , A UNIQUE SERVICE PROVIDED SOLELY BY CAMILLUS HOUSE IN THE CITY ("PROGRAM") AT A TOTAL COST OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) WITH CONDITIONS AS STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS ("GRANT") COMMENCING DURING THE CITY'S 2018-2019 FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING UNDER THE SAME TERMS AND CONDITIONS IN THE AGREEMENT AND SUBJECT TO THE AVAILABILITY OF FUNDING AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE WITH CAMILLUS HOUSE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE AND FURTHER THE GRANT ALLOCATION AND APPROPRIATION. ENACTMENT NUMBER: R-19-0040 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." City ofMiarni Page 16 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 CA.8 RESOLUTION 5169 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF VICTOR PALACIOS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $80,000.00 INCLUSIVE OF COSTS AND ATTORNEY'S FEES IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $79,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0041 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Russell: I'd now like to bring our attention to the CA, consent agenda. Is there anyone from the board who would like to address any one of these items specifically, and pull it from the consent agenda? Commissioner Reyes: Let me take a good look at it. Chair Russell: This is CA.1, 2, 3, 5, 6, 7, and 8; CA.4 has been deferred. Vice Chair Gort: Move it. Chair Russell: The consent agenda -- Commissioner Reyes: Second. Chair Russell: -- has been moved. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Is there any further comment from the dais? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on the consent agenda. City of Miami Page 17 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 4340 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO AND FOR THE BENEFIT OF LINDEN AIRPORT SERVICES CORPORATION D/B/A WATSON ISLAND HELIPORT CORPORATION, A FLORIDA CORPORATION ("LINDEN"), FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-FIVE THOUSAND EIGHT HUNDRED SEVEN (55,807) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED ON A PORTION OF LAND AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, COMPRISED OF PARCELS "A" AND "B," MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" OF THE EASEMENT AGREEMENT, ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF (1) CONSTRUCTING, INSTALLING, OPERATING, AND MAINTAINING A DRIVEWAY TO PROVIDE INGRESS AND EGRESS TO THE HELIPORT FOR FUELING, USE OF EMERGENCY VEHICLES, AND OTHER RELATED PURPOSES AND (2) PROVIDING CONSTRUCTION AND OPERATIONS OFFICES RELATED TO THE PROJECT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT FOR A TERM NOT TO EXCEED THE EARLIER OF (1) RECEIPT OF A CERTIFICATE OF OCCUPANCY OF THE HELIPORT FACILITIES OR (2) AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND LINDEN. ENACTMENT NUMBER: R-19-0042 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.1, please see "Public Comment Period for Regular Item(s)." Chair Russell: I'd like to bring your attention to the PH, public hearing agenda. We're looking at PH.1, 2, and 3; PH 4 is time certain for 4 p.m. So for PH.1, 2, and 3, would any of the Commissioners like to speak on one of these items individually? Or if not, I will be looking for a motion to approve PH.1, 2, and 3. Victoria Mendez (City Attorney): Chairman, just to note that PH 3 is a four -fifths. Chair Russell: It is a four -fifths. We do have four here. Vice Chair Gort: Move it. Commissioner Reyes: Second. City of Miami Page 18 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: It's been moved and seconded by Commissioner Gort and Commissioner Reyes for PH 1, 2, and 3; 3 will need a unanimous vote of the members present to pass. Is there any discussion on any three -- of these three items from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on the PH agenda, except for PH. 4. PH.2 RESOLUTION 5352 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "BUENA VISTA VENTURE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0043 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see Item PH 1. City of Miami Page 19 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PH.3 RESOLUTION 5396 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MIAMI BAYSIDE"), IN SUPPORT OF THE WILLY GORT SCHOLARSHIP PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0044 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 20 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PH.4 RESOLUTION 5207 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") ACCOUNT NO. 15500.101000.88200 IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00) AND FROM THE CITY'S DEPARTMENT OF HUMAN SERVICES ACCOUNT NO. 00001.980000.882000 IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00) FOR A TOTAL AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) FOR THE ESTABLISHMENT AND FUNDING OF TWO THOUSAND FOUR HUNDRED (2,400) CHILDREN'S SAVINGS ACCOUNTS ("CSA") WITH SEED FUNDING OF A FIFTY DOLLAR ($50.00) DEPOSIT TOWARDS EACH CSA FOR INCOMING KINDERGARTEN STUDENTS ENTERING ELEMENTARY SCHOOLS WITHIN THE CITY ("FUNDS"), AS PART OF A LOCAL EFFORT FOR WHICH THE FUTURE BOUND CONSORTIUM IS BEING ESTABLISHED CONSISTING OF A PARTNERSHIP BETWEEN THE MIAMI FOUNDATION, INC., THE UNITED WAY OF MIAMI-DADE COUNTY, INC., THE MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD, CATALYST MIAMI, INC., SANT LA HAITIAN NEIGHBORHOOD CENTER, THE CHILDREN'S TRUST FUND, INC., THE CHILDREN'S MOVEMENT, INC., AND THE CITY ("CONSORTIUM") FOR THE PROVISION OF FINANCIAL EDUCATION AND ASSET -BASED RESOURCES TO CITY RESIDENTS FOR INCREASED POST -SECONDARY EDUCATION, TECHNICAL SKILLS ATTAINMENT, AND IMPROVED FUTURE WORKFORCE ACCESS AND INCOME MOBILITY ("PROGRAM"), WITH THE CONSORTIUM ASSUMING FULL RESPONSIBILITY FOR THE SET-UP, ACCEPTANCE, AND MANAGEMENT OF THE FUNDS; WITH ALLOCATION OF THE FUNDS TO CATALYST MIAMI, INC., IN TRUST FOR THE CONSORTIUM, PENDING COMPLETION OF THE CONSORTIUM'S FORMATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, AND SUBJECT TO THE WAIVER OF ALL FEES. ENACTMENT NUMBER: R-19-0051 City of Miami Page 21 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PH.4, please see "Order of the Day" and Item PH.1. Chair Russell: We do have a guest with us here very briefly -- because I know they have a time constraint -- to speak on a separate item. Is Superintendent Carvalho available, please? Superintendent? We had a 4 p.m. item for PH.4, allocating funds toward a Children's Savings Account. We, of course, can't vote on that until the time certain takes place, but since the superintendent is here, if he'd like to speak about this item, I would welcome him to the floor. Alberto Carvalho: Thank you very much. Good afternoon, Mr. Chair, members of the Commission. It's indeed a pleasure to be back at your house once again. I'm here for a very simple, but important reason. The best investment we can make collectively as a community is the investment in children. If we want to, in fact, groom the future workforce; if we want to guarantee college success; if we want to guarantee that the City of Miami, the community at large remains and continues to improve as a world -class community, we need to be bold in our vision. What you're going to be presented with in a little while is a brave idea. It's a novel idea, tried only in one city in the country, San Francisco. But we have a chance to do it at a level -- at a critical mass that has not been tried in this country, and the idea is simple. Make an early investment through a Children's Savings Account, as little as $50 per child, when they enter kindergarten. And by the time they reach 12th grade, they're about to graduate high school, they gave a Children's Savings Account that has matured, has continued to improve, to guarantee a seat in a post -secondary institution, college. The research is compelling. It shows that having $500 in a savings account, $500 alone will triple the chance that a child will go to college, and it quadruples the likelihood that that individual will succeed in college. So how about this idea? Every single qualified child in the City of Miami, first and foremost, and expanding throughout the County, but beginning with the City of Miami would have an entitlement, beginning in kindergarten, that we are envisioning their positioning as a future college student. That is the vision. Small investment, huge return, and huge reward. This is an idea that is not coming from the School System. It is an idea borne by a number of individuals who have committed themselves to this partnership, beginning with the City of Miami and your Mayor; side by side with the United Way, with Catalyst Miami, with the Children's Trust, with the Children's Movement, with the Miami Foundation, with Sant La, and many others. The mechanics are being worked on, but I think this is the right time to make this type of investment and this type of declaration for the children of our City. I thank you very much for your time, and I hope that you will give strong consideration of this investment and entitlement for the children of our City of Miami. Happy New Year to all of you. Chair Russell: Thank you, Superintendent, and thanks for joining us today. Out of respect for his time -- I know he has a busy schedule -- I allowed 30 minute early public comment on that from the Superintendent. If there are others here to speak on this item we'll be taking it up at time certain, 4 p.m., as noted, when we'll legally be able to vote on it, as well, so thank you for your patience. Later... City of Miami Page 22 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: I'd like to take up very quickly PH.4, please. Mayor Francis Suarez: Thank you, Mr. Chair. PH.4 is the Child Savings Accounts that I referenced as a path to prosperity initiative in my mayoral comments. It's $120,000 to set up 2,400 children's savings account, with a minimum deposit of $50. Research indicates that low- and moderate -income children with college savings of between $1 and $500 are three times -- Chair Russell: Quiet in the hall, please. Thank you. Mayor Suarez: Research indicates that low- and moderate -income children with college savings of between $1 and $500 are three times more likely to enroll and four times more likely to graduate from college. This is in line with the initiative of giving every child in our community and our City an opportunity to be successful. It's being done in partnership with the School Board, who is here, obviously, our Superintendent; Catalyst Miami; the United Way; the Miami Foundation; Sant La, and the Children's Trust. So thank you, Mr. Chair. Chair Russell: Thank you. Commissioner Reyes: I have a question. Chair Russell: Is -- Yes, sir. Commissioner Reyes: Mr. Mayor -- Mayor Suarez: Yes. Commissioner Reyes: -- and that will be -- I mean, the maximum will be $60,000 that the City is going to contribute, right? Mayor Suarez: Yes. Commissioner Reyes: Okay. That's 1,200 students. How does -- are they going to be picked? That we're going to manage that program, or the School System is going to manage that program? Mayor Suarez: Can you answer that, Willy? William Porro: William Porro, Assistant Director, Human Services. It'll be run out of our department. We're providing the seed capital to the savings accounts. Commissioner Reyes: Out of (UNINTELLIGIBLE)? Mr. Porro: All of the accounts are managed by Catalyst Miami. Commissioner Reyes: It's going to be managed by your department? Mr. Porro: Well, we're going to obviously be involved, because we're providing the seed capital. Commissioner Reyes: You work for the City of Miami? Mr. Porro: I'm sorry, sir? Commissioner Reyes: What department is that? City of Miami Page 23 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Porro: Human Services. Commissioner Reyes: Human Services. And how you going to decide how this -- those funds are going to be allocated? For example, we are -- every single Commissioner here, we have elementary schools, and from pre-K to -- I mean, how are you going to decide which school is going to get that, and which child is going to get the $50? Mr. Porro: Every kindergartener entering kindergarten will be offered the $50 savings account. Mayor Suarez: In the City. Mr. Porro: As we set up. Commissioner Reyes: But are we --? Mr. Porro: So every kindergartener. Commissioner Reyes: But "every kindergarten" means a lot, because we have only for 1,200. Mayor Suarez: No. It's 2,400. Mr. Porro: No. It's 2,400 students. Mayor Suarez: 2,400. Commissioner Reyes: 2,400 students? Mayor Suarez: Yeah. Mr. Porro: That's the total amount of kindergarteners. Commissioner Reyes: Okay. Chair Russell: Quiet in the chambers, please. Please find your seats quietly. Thank you. Mr. Porro: All of them are. Commissioner Reyes: You say that we're going to give -- I mean, the maximum, 60,000. Mr. Porro: No. Mayor Suarez: That's 120, 000. Mr. Porro: 120, 000. Commissioner Reyes: Oh, 120,000. So then, it's going to be 2,400 students? Mayor Suarez: Correct. Commissioner Reyes: Okay. Mr. Porro: All of the kindergarteners. City of Miami Page 24 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: And do we know how many kindergarten students we have in the City of Miami? Mr. Porro: That according to the Miami -Dade County -- Commissioner Reyes: Any students we have. Mr. Porro: It's 2,400 that go -- Commissioner Reyes: There are 2,400 students, actually? Mayor Suarez: Yeah. Mr. Porro: Yes. Commissioner Reyes: Okay. And this is going to be a yearly distribution of funds, or this is going to be a one-shot deal? Mayor Suarez: This is -- right now this is a one-year program. Commissioner Reyes: Okay. I just wanted to make that clear in how it's going to be -- Now, every single kindergarten student is going to get the $50? Mr. Porro: Yes, sir. Commissioner Reyes: Okay, okay. That's -- those were my questions. Chair Russell: Thank you very much. Commissioner Gort. Vice Chair Gort: My question is, this pool -- account, once it's opened, it cannot be closed until certain age? Mayor Suarez: Yes. They will not be able to access the funds until they graduate from high school. Vice Chair Gort: Okay. Commissioner Reyes: Okay. Chair Russell: Thank you. Mayor Suarez: It's a savings account. Chair Russell: Thank you. Mayor Suarez: And they're going to get financial literacy training, as well, that will be done by Catalyst Miami. Chair Russell: Thank you. Is there a motion on PH. 4? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes. Commissioner Hardemon: I have a question, though (UNINTELLIGIBLE). City of Miami Page 25 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Commissioner Hardemon has a question? Commissioner Hardemon: Yes. So, you know, I heard about this project -- read about it, actually, right? Learned it from the Mayor. It's a wonderful thing, I think, to provide these incentives for these children to end up having accounts for them in their future endeavors. My question is that -- I don't see the language of it written anywhere, where it's actually for people who need it, you know. What I see is that it's for kindergarten -- kids who are starting kindergarten. I don't see anything that says it's for low income. Mayor Suarez: It's all of them. Commissioner Hardemon: Right. That's what I'm just trying to understand. Is that the best use of our dollars to give to --? For instance, you may have -- Mayor Suarez: Public school; all public school kindergarteners; every single public school kindergartener in Miami. Commissioner Hardemon: But we do realize that some people in Miami make a lot of money, and that $50 to them is nothing, and it'd be better used on another child or it's better used at maybe -- Say, for instance -- you said there's like 2,500? Commissioner Reyes: 24. Commissioner Hardemon: Okay, 2,400 -- Mayor Suarez: Right. Commissioner Hardemon: -- students, right? Say 1,000 of them are really the ones who are in need. So you can literally double the amount that you put, and do those things that you're talking about doing even more so. Mr. Porro: Commissioner, we have the consortium members here, United Way and others that can go more into the weeds, but I can say, frankly, that even though these 2,400, unfortunately or fortunately, the vast majority, 90 percent are on free and reduced lunch. Mayor Suarez: Yeah. 90 percent of them are on free and reduced lunch. Mr. Porro: So -- Commissioner Reyes: Yes, sir. Commissioner Hardemon: And because -- I'm sorry. So when you say, "public school, "so these are not students who are now in -- Mayor Suarez: Charter. Commissioner Hardemon: -- charter schools? Mayor Suarez: I don't believe so. Mr. Porro: No. The answer is no. Commissioner Reyes: Wait, wait. Charter schools are public schools. City of Miami Page 26 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: Right. Commissioner Reyes: Charter schools are public schools. The only difference is that they are managed by a company, and the funds, the -- (UNINTELLIGIBLE) that the State sends here or (UNINTELLIGIBLE) sends, it passes through the School System, and it goes there. But they have the same regulations the chart -- as public schools. So I think that we should be very careful there, because we could be sued by charter schools, that they could claim -- and rightfully so -- any -- let me put it this way: Any, any funds that they are destined to public schools, charter schools have their part of it, you see. And another question is this: Is -- I mean, when you say, "2,400," that is City of Miami, right? Mr. Porro: Yes, sir. Commissioner Reyes: City of Miami, okay. But we -- I think that you should -- Mayor Suarez: We'll look at that (UNINTELLIGIBLE), yeah. Commissioner Reyes: -- look into charter schools, because charter schools, people think that they're private school. They are public schools, and they are ruled by the same regulations as public schools. Commissioner Hardemon: They will close some public schools, though, charter schools being in your neighborhood, something like that. Mr. Porro: We can confirm that, Commissioner. Commissioner Reyes: You see, I know that, because I used to pay them. Chair Russell: Thank you. Commissioner Hardemon: So I'm trying to understand from this dais. I really want to understand what we're doing here, because I think it's unusual. I think it's unusual for us to give money to people who don't necessarily need it. Typically we have -- Mayor Suarez: But they do need it. 90 percent of them are on free and reduced lunch. Commissioner Reyes: That is true. Mayor Suarez: Yeah. Commissioner Reyes: Private school kids won't get it. Mayor Suarez: Yeah. I mean, these are not wealthy children. These are children who -- Commissioner Hardemon: So let me ask you a question. If 90 percent of them are on free and reduced lunch, and they have a need for the funds -- right? -- then the other 10 percent, do they need it? Mr. Porro: Probably not, but let's not lose the intent of the program. The intent of the program is just having the account; forget the dollar amount. Chair Russell: To save. City of Miami Page 27 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Porro: It's not enough, the $500, but the study shows that they're three times more likely to go to college; four times more likely to graduate for -- Commissioner Hardemon: If they have an account. Mr. Porro: -- just having the account, yeah, because $50 -- Commissioner Hardemon: Yeah, because people who are poor typically don't have savings accounts for their children, and if you don't have a savings account for your child because you're poor, and they most likely live in a neighborhood where there's high crime. If you live in a neighborhood with high crime, you either may not make it to adulthood, or you're going to be arrested as a juvenile. I mean the -- it's more than just -- Mr. Porro: Absolutely. Commissioner Hardemon: -- the money. You know what I mean? Mr. Porro: Yeah. You're absolutely right. Commissioner Hardemon: It's a part of this, but you know -- Mr. Porro: But, Commissioner, if I may -- Commissioner Hardemon: -- I didn't open my savings -- I didn't open up a savings account until I went to college. I took the $1,200 in scholarship funds that I had, and I opened up a Bank of America account that I still have to this day. So I understand exactly what you're saying. Right? And I grew up in a supposedly high -crime neighborhood. You got to prove it, but, you know, I get it. But I just want -- I want all of us to be aware of what we're doing. Commissioner Reyes: That's right. Commissioner Hardemon: If there's no concern about it, then that's fine. I'm not going to hold this up. But I just -- I want to let it be noted. Chair Russell: Please, anyone who's having conversations, please take them in the lobby. Thank you so much. Commissioner Reyes: And I have another question. Chair Russell: Just a moment. We had -- the Mayor had a point to make, I believe? Mayor Suarez: Yeah. I just want to say that this is about also teaching them financial literacy. And so, there's a component of this which is teaching all the children discipline, how to save money, and those skills have demonstrated that children are more likely to get a college education, more likely to be successful. So this is about empowering the children of our community. Commissioner Reyes: But -- Commissioner Hardemon: Because, like, if you wanted to give me $50 for my daughter, I would say to you, "Let me take that $50 and make someone else's $50 100, " right? I'm going to teach my daughter financial literacy. Commissioner Reyes: I -- City of Miami Page 28 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: You understand? I'm probably not the person that you want to talk to, but go ahead. Chair Russell: Commissioner Reyes. Commissioner Reyes: Just to -- maybe we can make it easier. And I understand Commissioner Hardemon concern about -- and, I mean, we have a huge, huge amount of students that they are in Reduced and Free Lunch Program. But they -- we have a bunch of them that are not. And we're -- if we're going to distribute these funds, and I think it would be more than what -- probably what you're thinking -- let's do it based on their need, you see, if they are on -- in the Reduced Lunch Program. And also, I want to know who is going to manage that, because that's going to go into an account, because the thing is that -- I know what's -- you have $50 now. 18 years from now, the interest compounded, it will get to so much, blah, blah, blah, okay? Mr. Porro: We have -- Commissioner Reyes: That is --that should be -- or is that going to be, I mean, somebody that what they're going to do is just place it in a bank account, or that is going to be just like a 401(k); it's going to be invested in one stock, you see, or -- I don't know. Just let me know. Chair Russell: Hello. Your name, please? Gretchen Beesing: Hi. Gretchen Beesing. I'm the CEO (Chief Executive Officer) of Catalyst Miami, so I wanted to answer some of the questions that you have about the accounts. So first, I want to address the design question about why every kindergartener would get the account, even if they're not on free and reduced lunch. So we're very intentional about that, and in making this program universal for every kindergartener in Miami -Dade County public schools, because we don't want this program to be -- especially once we get district -wide -- about one subset of children. In order for this program to really have an impact on the culture of the schools, it needs to be something that's accessible to every child that's in the school district. Now, the plan is to seed the accounts at different levels, depending on parent income. So if the child qualifies for free and reduced lunch, they would get a $50 seed incentive; if they do not, they would get a $25 seed incentive. And ideally, over the years, we'll build in other incentive programs. Commissioner Reyes: You are separating the ones that are in the Free and Reduced Lunch Program, and then you are giving them half only. That's what you're saying? Ms. Beesing: Children on free and reduced lunch would get $50, and children that are not, because their parents' income is too high to qualms would get $25 as a seed incentive. Commissioner Reyes: As a seed -- okay. Where that money is going to go? How you are going to be sure that that is going to be multiplied? I mean, are you going to invest it, or you're just going to get it into a fixed interest rate account that at -- compounded over so many years, it will reach maybe to $60, maybe to 100, $400 (UNINTELLIGIBLE). I want to know. Ms. Beesing: So there are actually -- to the end user, to the student, it looks like they have one account, and they can see the account growing as family and friends make contributions, or as they earn incentives through the school. However, on the back end, there are actually a couple of different accounts. There is an endowment, or a reserve account that is invested, and is making money so that there's a growing pot City of Miami Page 29 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 of incentive dollars that can be put into student accounts. And then there's also an account where family contributions are kept, and they're safe, and each account is FDIC (Federal Deposit Insurance Corporation) insured up to $250, 000. Commissioner Hardemon: Oh, an endowment. Commissioner Reyes: Wait, wait. An endowment, that's right. But let me ask you now to make it clear. You give -- let's say that I am a student. You give me $50, okay? And that $50, do I receive the $50, give it to my dad, and my dad play -- opens an account, or through your program they're going to open an account on that child's name? Ms. Beesing: We will open an account in the child's name. Commissioner Reyes: Okay. If that account -- through that account, parents or cousins, or whatever, that they can contribute in order to make it grow more, but they cannot draw from it, right? Ms. Beesing: They cannot withdraw. They cannot withdraw. Commissioner Reyes: They cannot withdraw from it until the child is -- what? -- 18? Ms. Beesing: 18, and then graduated from high school. Commissioner Reyes: Okay. And how do you -- I mean, do you have the financial institution that it is going to receive -- is going to be the recipient and is going to make sure that that -- those funds multiply? Where is that financial institution? It's going to be a bank? It's going to be an investment company? It's going to be hedge funds? I don't know. Ms. Beesing: So -- not a hedge fund. We are speaking with a number of different financial institutions; one in particular that has been a partner from the beginning, which is Citibank, has developed the technology to manage these accounts. Commissioner Reyes: Okay. Ms. Beesing: And they have offered that technology. Now what we're trying to finalize is which financial institution will provide the actual savings product. And just to be clear, it is a savings product, which is safe and more easy to access for low-income families. It's not an investment product. Commissioner Reyes: Okay. But then -- yes, and there are accounts that they have, I mean, different interest rate. If you have now at -- nowadays, I mean to date, you go to any bank, and you open a savings account, you're going to receive about one and a half percent; that's all you're going to receive, one and a half percent. And there are other -- I mean, maybe you have, oh, a bank that want to participate, because this is -- the amount that the child is going to receive is -- depends on the amount of interest that that account is going to be -- the bank is willing to pay. Ms. Beesing: Right. Commissioner Reyes: You see? Ms. Beesing: The interest rate on the savings account itself is low, 1 to 1 and a half percent. Commissioner Reyes: 1. -- 1 and a half percent. City of Miami Page 30 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Beesing: Now the -- we're working with the Miami Foundation on the investment of the incentive dollars and the endowment. That will presumably have a higher rate of return, which will benefit all children. It means there will be more incentive dollars available in reserves. Commissioner Reyes: But the Miami Foundation, do they have a bank that they -- you can have an account with them, and they have -- I mean, they will be paying for the deposits and interest rate higher than the banks? I mean, I'm just curious about this, you see. It's just out of curiosity. Ms. Beesing: I have the good word of the CEO of the Miami Foundation that the answer is 'Yes." Commissioner Reyes: Okay, yes. Okay. You are the going -- the ones that are going to receive the funds and then you're going to be paying a substantial higher interest rate than the 1.5? Ms. Beesing: Yeah. One thing that's important to underscore -- Commissioner Reyes: What would be the interest rate you're going to be paying? Javier Soto: Good afternoon, Commissioners. So we wouldn't necessarily be paying an interest rate. Chair Russell: Your name, please? Mr. Soto: I'm sorry? Chair Russell: Your name, please? Mr. Soto: Oh, sorry. Javier Soto, with the Miami Foundation. Commissioner Reyes: Okay. Mr. Soto: We wouldn't necessarily be paying an interest rate. We would be placing the endowment funds into an -- our endowment pool, which is invested. Our investment advisor is SCI, out of Pennsylvania. Commissioner Reyes: That's the question. Mr. Soto: And we have an expected rate of return, but obviously, no guarantee as to rate of return. Commissioner Reyes: Okay. That is the answer, because I wanted to know, where are you going to -- how are you going to multiply this? And because it is not compounded with -- I mean inter -- or the interest rate or earnings, you see, then it will not grow. I want to know, how is it going to grow? Mr. Soto: That's the answer; place it in an investment pool. Commissioner Reyes: You see, this is not like a tree, you plant it and then it grows. Mr. Soto: Right. No, we would -- Commissioner Reyes: You know -- City of Miami Page 31 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Soto: -- invest it in our investment pool. Commissioner Reyes: -- unless you people invest it. Mr. Soto: We have around $365 million under management currently, including well over $100 million in our long-term pool, which is where the endowment funds go. Commissioner Reyes: And just -- that was going to be my last question. Is there a set amount that you guarantee that this $50 is going to grow into? Mr. Soto: No. We can't guarantee investment performance. I don't think any -- Commissioner Reyes: I know that. Mr. Soto: -- financial institution could do that. Commissioner Reyes: I know that. Well, you got a 457 and it gives you a 3 point -- I mean, 3 percent guarantee, you see. And the other companies that you can -- I mean, the investment companies that they guarantee 4 percent, 3 percent, 6 percent. Mr. Soto: Again, we can't guarantee returns. We have a robust Investment Committee process, and a very sophisticated manager that manages the funds, and we do set expectations. Our expectations are well above the 3 percent that you just cited. Commissioner Reyes: Are you charging -- Chair Russell: Oh, you said, "last question." You definitely said, "last question." Commissioner Reyes: Well, this is the last question: Are you charging any -- I mean, there's any charge, any fees for your services? Mr. Soto: The investment fees that we have to pay to the Manager, so absolutely. Commissioner Hardemon: Right. So this is kind of like, Mr. Chairman, where, you know, this -- it sounds like a great idea, right? And then when we start talking about the weeds of this thing, it starts to have a different picture for me. And so, it's true that you guys have lots of money that you all invest, that you have funds for, right? There is a fee for managing this 100 and, say -- what is it? -- 20 thousand dollars that you will charge; is that correct? Mr. Soto: The investment management fee, yes; it gets charged to the entire endowment pool that we manage at the Miami Foundation, by our investment managers, SCI, in Pennsylvania. Commissioner Hardemon: Right. And so, the performance of this fund, say this $100,000 that's a part of whatever fund that you have, when you receive interest on that, or positive -- when -- some positive revenue, however you want to call it, are you taking those dollars and investing it back into those accounts that you initially had the seed money for that we gave this $120, 000 for? Mr. Soto: Right. As -- Commissioner Hardemon: No, no. Mr. Soto: -- this would be -- City of Miami Page 32 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: It's 'yes" or "no." Mr. Soto: Yes. Commissioner Hardemon: So someone's $50 seed money, you're going to take dollars and put more money into that account? Mayor Suarez: Of course. Mr. Soto: The returns that are positive to the pool where these funds are invested would contribute additional funds to that entire pool, so every -- the money grows for everybody who's in the pool. Commissioner Hardemon: Okay. So you fully -- Mayor Suarez: This is not complicated, guys. Commissioner Hardemon: -- so you -- No. I mean, it can be hard. This is -- Look, this is our money. I mean, we could smile and joke, you know. It's like -- Commissioner Reyes: We want to know what's going to happen to it. Commissioner Hardemon: Right. I mean, we wanted to cut Carollo's neck, because he wanted to put -- provide -- or the paper did, at least -- that he wanted to provide some dinners to some seniors. So I just want to, you know, make sure that the money that we're putting -- Commissioner Reyes: That's right. Commissioner Hardemon: -- that I understand exactly what it is that we're doing -- Commissioner Reyes: Yeah. Commissioner Hardemon: -- because what I don't want to do is give money to his child -- that guy right there with the glasses on, tortoise glasses; former Mayor of Miami Beach, et cetera -- I don't want to give his child money, because that account is never going to be used. He has -- his daughter has more money in her account than I got in mine, you know? So these are just realities, so -- as a place called "Miami"; and so, what I want to ensure is that the people that we give money for -- Commissioner Reyes: Yeah. Commissioner Hardemon: -- they end up being -- 10 years, 15 years from now, you know -- accounts that people are actually going to use. This is a great idea today, but the true tale of this tape is really what happens 15 years from now. Commissioner Reyes: Yeah. Mr. Soto: Absolutely. Ms. Beesing: Yeah; the long game. Commissioner Hardemon: Right. So I just want to ensure that the money is going to be turning back to the people that need it; not the people that don't, because the people that don't are just -- they're not going to use it. They're not going to keep track of this account. They're not going to do anything positive with it. But, you City of Miami Page 33 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 know, someone that actually needs the money, they may. And so, why not put more money in the pot of the people that need it? Mayor Suarez: That's what they're doing. Chair Russell: Thank you. Commissioners, we do need to move this along. We do have public comment for this item. Before we open public comment, I would like to recognize Commissioner Gort. Vice Chair Gort: Well, you look at this as an incentive. I have a similar plan with my granddaughters, and what happens is, whenever it's her birthday, instead of giving a gift, we deposit money in their accounts. An endowment, the way it works is this is a long-time investment. We're talking about an investment in kindergarten. How old is a kindergartener; three, four years old? Ms. Beesing: About five. Vice Chair Gort: So he's going to be investing for 12 years. At the same time, I think you can create the incentive for a family to put additional funds into that. They might create that incentive; that's what I look at this program, they can do. Commissioner Hardemon: That's why they -- I feel like if you give it to people -- if you give more money to people who are in need that that really starts to create a incentive process. Vice Chair Gort: The most important is that they cannot cash it and they cannot use it, and that's what I'm -- that was my first question. Ms. Beesing: Families are able to opt out of the program -- Vice Chair Gort: Right. Ms. Beesing: -- if they don't want to participate. We have structured the incentives so that lower -income children are getting a larger seed incentive. And ideally, we will develop further incentive programs so that our target population is able to accumulate more money in the accounts. Vice Chair Gort: Wait a minute. You threw a curve. Family can be taken out? They can take the program --? Commissioner Hardemon: No. They can opt out. She's saying -- Ms. Beesing: Oh, sorry. Commissioner Hardemon: -- they don't have to participate. Ms. Beesing: They can opt out of the program if they don't want to participate. If they don't want the account, we won't force them to have an account. Chair Russell: Thank you very much. I'd like to open public comment for this item. Is there anyone here from the public who'd like to speak on this item, PH.4, Children's Savings Accounts? Ms. Beesing: I think I'm the first in line. All right. So I'm Gretchen Beesing, CEO, Catalyst Miami. And our mission is to ident0; and collectively solve issues that adversely affect low -wealth communities throughout Miami -Dade County. And we learned about Universal Children's Savings Programs about five years ago from a City of Miami Page 34 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 national partner organization, and we believed and still believe that it is an excellent fit for our community, not only for our organization. So just to reiterate some of the research that the Mayor and the Superintendent have shared, the outcomes for low- income children to have college savings accounts at a young age, even if there's only $1 in the account, are phenomenal. They are three times more likely to go to college or obtain a post -secondary credential, and four times more likely to complete college, or the training. We learned initially about a pilot in the City of San Francisco that started about seven years ago. And two years ago, with financial support from the Children's Trust, the United Way, and Citibank, we began a feasibility and design process in partnership with Sant La Haitian Community Center. And many of the partners that are here today to speak on behalf of this item have been a part of our design process, and that includes the Miami Foundation, the United Way, the Children's Trust; the City of Miami has been at the table; Sant La, of course; the public schools, the Children's Movement, and Early Learning Coalition. We have two overarching program goals. One is to increase post- secondary readiness by fostering a post -secondary -bound identity among children. And the second is to help families lead healthier financial lives through financial education and positive savings behavior. The design is to start within the City of Miami, and to expand district -wide over a period of five years, with each kindergartener receiving between 25 and $50, depending on their parents' income. It's really significant to this process to have so much buy -in from all of these community pillars that are here today, because it really isn't just about one city or one organization. It's going to take a consortium for this program to succeed. And we know from the San Francisco model that having buy -in from the local municipalities is really critical to success. So I will -- I'm happy to answer more questions later if you like. I thank you very much for hearing this item today, and I want to express my commitment to you. Chair Russell: Thank you very much. Is there anyone else who'd like to speak on this item? Two minutes, please. Vivanne Bohorques: Good afternoon. Vivanne Bohorques, Chief Operations Officer at the Children's Trust. Two years ago, as Gretchen mentioned, the Trust approved funding for an innovation contract with Catalyst Miami to convene public and private stakeholders to do a comprehensive planning process to determine if a Universal CSA (Children's Savings Accounts) Program could work here in Miami. Through the Innovation Fund, we have the opportunity to fund projects at different levels of development, so it could be a planning, a pilot, or a full implementation. The purpose is really to explore different ways that we could build on community assets to solve some of our most -- more pressing issues. And Catalyst embarked on that feasibility study, and really took charge, and brought together this consortium of stakeholders to help design what this can look like. During that time, I had an opportunity to travel to Boston to see a program in action. Our CEO, Jim Hodge, traveled with Dave Lawrence to see the San Francisco model, and that led us to last November, where our board funded the initial infrastructure. All of this needs to be managed and led; and so, we funded through a funder collaboration initiative Catalyst Miami to do the infrastructure to get this program going, because we also deeply believe that this can be instrumental in the lives of the children, starting in the City of Miami. The funder collaboration requires clear community investment, but not solely at the funding level. The idea is to have a group of stakeholders that have a shared goal, focused on the same deliverables to reach collective impact, and I believe that's what we have in this consortium; we're proud to be a member of it. And as we embark on this journey, there's value in starting with a smaller group, such as the City of Miami, and we're grateful that the City of Miami has stepped up to the table to consider the item. So on behalf of our board of directors; our CEO, Jim Hodge, the Trust fully supports this program, and is committed to continuing to City of Miami Page 35 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 serve as a thought partner to the consortium by complementing what's happening in school with out -of -school investments. Commissioner Reyes: Can I ask you a question? Ms. Bohorques: Sure. Commissioner Reyes: Is that consortium is contributing any monetary? There's any monetary contributions to -- I mean for the children, so instead of 50, you are going to match funds or something like that? Ms. Bohorques: Our funding is directly going to the infrastructure of the program. Commissioner Reyes: Define "the infrastructure." People that they are receiving funds -- I mean salaries and all that? Ms. Bohorques: People who are managing the program, the day-to-day operations of the program. Commissioner Reyes: All they are -- Ms. Bohorques: So there are different levels of funding that are required, right. So we need an infrastructure to manage the program that does -- Commissioner Reyes: How many people in that infrastructure? Ms. Bohorques: How many people are funded? One? Unidentified Speaker: One and a half staff members. Ms. Bohorques: One and a half staff members. Commissioner Reyes: One and a half? Ms. Bohorques: And a lot of -- Commissioner Reyes: And that is the contribution from the Children Trust. The Children's Trust they (UNINTELLIGIBLE) a lot of money -- I mean, has a lot of money, and we know that. And -- but the contribution is the salary of one person? Ms. Bohorques: The salary of one and a half individuals. Commissioner Reyes: One and a half persons. That's it? Ms. Bohorques: Plus a lot of the outreach that has to happen with the community education, that has to happen with the parents. There are restrictions within the use of Children's Trust dollars, and what we're allowed to fund, and what we're not allowed to fund. And so, our place was really in building the infrastructure for the program to be successful. Chair Russell: Thank you very much. Ms. Bohorques: Thank you. Chair Russell: Is there anyone else here to speak on this item? City of Miami Page 36 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Maria Alonzo: Yes. Good afternoon, Mr. Chairman and members of the Commission. My name is Maria Alonzo, President and CEO of United Way of Miami -Dade. As you know, United Way partners and works with individuals throughout our community, and hundreds of nonprofit organizations that share a collective vision of what is possible for our community. Through our work and education, financial stability, and health, we're improving the odds, quite frankly, for children and families today; and more importantly, or as importantly, for generations to come. One such example of that work has been what today is the consortium, where, as you've heard, we've been a part of the planning process; and, in fact, we've been a part of the design team. Children's Savings Accounts' primary goals of fostering post -secondary credential attainment and building financial capacity are clearly aligned with our work at United Way, but it's also clearly aligned to our vision for our community. You may be familiar with the United Way ALICE Report, which stands for Asset Limited, Income Constrained, Employed. This report shines a spotlight on a large population of Miami -Dade County residents who work, yet have little or no savings, and they are one emergency away from financial instability. These ALICE families, who represent six out of 10 households in our community -- 58 percent of Miami -Dade County households -- do not earn enough to consistently cover the basic expenses, such as housing, transportation, childcare, food, health care, much less save for a rainy day, for their financial empowerment in owning a home, or for their children's future education. And while our School District, we all know, because we've celebrated their achievements in ground- breaking graduation rates, the truth is that we must continue to collectively support our community's children, and fuel their potential. And we believe that Children's Savings Accounts are a tool to do exactly that. I think that we have a unique opportunity with your leadership to continue to invest in our children's commu -- in our children's future, as well as the future of our community. We thank you in advance, really, for your consideration and in your leadership of this item -- Chair Russell: Thank you very much. Ms. Alonso: -- and support of this item. Chair Russell: Is there anyone else from the public who'd like to speak on this very thorough discussion of Child [sic] Savings Accounts? Mr. Soto: Briefly, Mr. Chairman, if I may?. Chair Russell: Yes, of course. Mr. Soto: Javier Soto, with the Miami Foundation. We're proud to be part of this consortium, and would urge your support today. The Miami Foundation exists to facilitate philanthropy, to make it easy for people to give back to this community; one such way is through investment in education. We have a number of scholarship programs that we operate at the Miami Foundation, working with families, corporations, individuals. We have a deep partnership with the School Board prior to this current partnership before you, with college assistance to graduating seniors in Miami -Dade County, going off to college, and this would be a further expansion of that partnership, and our investment in education. You know, another example of a group that we work closely with to invest in education in this town through scholarship support is Related Group, who was here before us a little while ago on another item before this Commission. So we help to facilitate philanthropy, and are proud to join with these other partners to help support an initiative that, as has already been said before me, will go a great deal towards making families invest wisely in their children's education, and having children grow up with a culture around saving and paying towards their own education in the future. So we appreciate your attention, and hope that you'll move this item forward. City of Miami Page 37 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you, Mr. Soto. Seeing no further discussion on the item, we have a motion, we have a second. Commissioner Hardemon: I have a question. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Say one of those children don't go to college. What happens with the dollars in that account for that child? Ms. Beesing: So the program rules that we have discussed thus far -- and, you know, this is keeping in mind that we're 13 years away from our first graduating seniors -- Commissioner Hardemon: I know. And you haven't codified exactly what everything is just yet, right? Ms. Beesing: Well, the model that we're looking at disburses the funds when the child graduates from high school so that they can then use the funding for college, or any other post -secondary credential attainment. Commissioner Hardemon: But -- so -- Ms. Beesing: If they do not graduate from high school, any contributions made by family and friends, they are able to withdraw. That's their money. Commissioner Hardemon: Will they have a -- Ms. Beesing: But incentive dollars go back into a pot so that they can be redistributed to other children. Commissioner Hardemon: The money that they would have deposited, say they did use it, all 15 years, do they have the benefit of having some sort of interest on that, as well? Ms. Beesing: There is a low interest rate, between 1 and 1 and a half percent. Commissioner Hardemon: That you will give them? Ms. Beesing: Yes, that they will get. Commissioner Hardemon: (UNINTELLIGIBLE). Ms. Beesing: Yes. Commissioner Hardemon: Okay. Chair Russell: Thank you very much. All in favor of this item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? PH.4 passes. Thank you very much. Mayor Suarez: Thank you, Commissioners. The children of Miami thank you. Chair Russell: Thank you, Mr. Mayor. END OF PUBLIC HEARINGS City of Miami Page 38 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 2099 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item SR.1, please see "Order of the Day." END OF SECOND READING ORDINANCE City of Miami Page 39 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 FR.1 FR - FIRST READING ORDINANCE ORDINANCE First Reading 4407 MAY BE INDEFINITELY DEFERRED Office of the City Attorney 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 AMENDING SECTION 22-1 OF THE CITY CODE TO ADD A DEFINITION FOR "CITY"; AMENDING SECTION 22-14 OF THE CITY CODE TO PROVIDE THE CITY MANAGER MAY ADDITIONALLY AUTHORIZE THE COLLECTION OF SOLID WASTE BY COMMERCIAL SOLID WASTE COLLECTORS; AMENDING SECTION 22-46 OF THE CITY CODE TO PROVIDE THAT THE CITY MANAGER MAY ADDITIONALLY GRANT OR RENEW FRANCHISES SUBJECT TO CHAPTER 22; AMENDING SECTION 22-47 OF THE CITY CODE TO PROVIDE THAT APPLICATIONS FOR A FRANCHISE MAY BE RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION OR THE CITY MANAGER; FURTHER AMENDING SECTION 22-56 OF THE CITY CODE TO PROVIDE THAT ISSUANCE OF A FRANCHISE MAY BE APPROVED BY THE CITY COMMISSION OR BY THE CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day." END OF FIRST READING ORDINANCE City of Miami Page 40 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 4335 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 TEMPORARY ACCESS AND HOLD HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: We do not have any ordinances to take up today. Both SR.1 and FR.1 have been indefinitely deferred. The resolutions, REs.1 through 7. 171 take these up one at a time, as I know we do have certain comments on each. We did take up 6 and 7 already. So RE. 1 through 5, I would like to take them one at a time, so RE.1, please. Is there a motion on RE. 1? Commissioner Hardemon: Well, is there a member from the School Board that's here? Daniel Rotenberg (Director, Public Facilities): We do have a member of the School Board; let him address. Commissioner Hardemon: Thank you very -- I'm sorry, Mr. Chairman. Chair Russell: Not at all. Would you like to open discussion, or make a motion? Commissioner Hardemon: I'll just -- I want to ask a few questions before I possibly make a motion. Chair Russell: Gladly. Commissioner Hardemon: How are you doing today, sir? What's your name? Julian Garcia: Julian Garcia, representing the School Board. City of Miami Page 41 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: What do you do with the School Board? Mr. Garcia: Project Manager. Commissioner Hardemon: Project Manager? What sort of project are you proposing in this space that you're describing? Mr. Garcia: It's the demolition of the existing bridge that connects the school to the park. Commissioner Hardemon: So there is no -- you're not going to replace it, you're not going to have any other enhancement to that space; you're just demolishing the bridge? Mr. Garcia: Correct. Right now, it's not been used for years. Commissioner Hardemon: Are there any other bridges in Miami -Dade County that have the same sort of design that goes from one side of the road to another side of the road so that children can safely cross? Mr. Garcia: I cannot say right now. I'm not aware. Commissioner Hardemon: All right. Are you familiar with the bridge that's -- even just north of this bridge; doesn't connect the schools, but it connects the park, and then it goes across the expressway? Mr. Garcia: This particular -- Commissioner Hardemon: Not this bridge, but on that -- from where you are, 62nd Street -- Mr. Garcia: Right. Commissioner Hardemon: -- if you travel north, there's another sort of bridge that goes from the park onto -- it crosses the expressway so that people can safely go from one side to the other. Are you familiar with that one? Mr. Garcia: I am not fami Commissioner Hardemon: Mr. Garcia: That's correc Commissioner Hardemon: Mr. Garcia: Umm -- liar with that one. And there are no other bridges that you're familiar with? Do you know what year this bridge was built in? Commissioner Hardemon: Let me ask you a question. Are you like the Project Manager? Like you're in charge of the actual demolition of it; is that what this -- who you are? Mr. Garcia: I will be overseeing the demolition part of it. Commissioner Hardemon: So you don't actually represent the School Board? You can't give any actual knowledge as to the reasoning why this is -- this needs to be demolished, or the plan with other bridges that -- of this nature? City of Miami Page 42 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Garcia: This one in particular has been closed for over 10 years or more. Commissioner Hardemon: Right. That's the only thing that you know about it, correct? Mr. Garcia: Correct. And it's -- we did the homework to see if it was better to rebuild it or re -- you know -- get it into a condition of use, opposed to demolition, and the demolition is probably the best bet. It hasn't been used, like I said, for a number of years. So right now, it's just a safety hazard, so to speak, of kids jumping over to get across; or climbing on it, just to do whatever mischief. Commissioner Hardemon: All right. Can we move on to RE.2? Vice Chair Gort: Huh? Commissioner Hardemon: Can we move on to RE.2? Chair Russell: Like a motion on RE.2? Commissioner Hardemon: No. I'm saying just move on to RE.2. Chair Russell: Move on to RE.2? Yes. We'll table RE. I. Commissioner Hardemon: Thank you for the questions -- thank you for answering the questions. Later... Chair Russell: Commissioner Hardemon, what would you like to do with RE.1, please? Commissioner Hardemon: Move to indefinitely defer it. Chair Russell: Moved to defer indefinitely. Is there a second? Commissioner Carollo: Which is that? Chair Russell: RE. I, the -- execute access agreement for demolition of the bridge, the school bridge. Commissioner Hardemon: When Mr. -- yeah. When Mr. Rotenberg comes back to me, we'll meet with a better plan -- or at least a consideration of a different plan, then we'll talk about it. Commissioner Reyes: Are you satisfied? Commissioner Hardemon: If we were on Miami Beach or Coral Gables, or in a more well-to-do area, they would be considering preserving that bridge, making it somewhere where kids can actually cross from one major side of the street to the next major side of the street, without any cause for concern. But here, it's like, "Oh, just" -- Commissioner Reyes: "The hell with it." Commissioner Hardemon: -- "get rid of the bridge." Right. So -- City of Miami Page 43 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Vice Chair Gort: 62nd Avenue. Commissioner Hardemon: Yeah. Chair Russell: There's a motion. Is there a second? Commissioner Reyes: Yes. Vice Chair Gort: Move it -- second it. Chair Russell: Commissioner Reyes seconding for preservation of the bridge? Commissioner Reyes: Yes. Chair Russell: Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: The motion passes, and -- Commissioner Reyes: Let me tell you why. I know that bridge. Chair Russell: -- RE.1 is indefinitely deferred. Commissioner Reyes: I know that bridge, and I've -- been around since I first came here in 1959. I know that bridge. City of Miami Page 44 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 RE.2 3811 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE BACARDI BUILDING COMPLEX ("BACARDI COMPLEX") TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE BACARDI COMPLEX MEETS NATIONAL REGISTER CRITERIA C: THE PROPERTY EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREAS OF ARCHITECTURE AND ART, AS THE BUILDINGS ARE LOCALLY SIGNIFICANT EXAMPLES OF THE INTERNATIONAL STYLE OF ARCHITECTURE, WITH UNIQUE ARTISTIC FLAIRS WHICH DISREGARD SOME OF THE FUNDAMENTAL TENETS OF THE STYLE; AND NATIONAL REGISTER CRITERIA CONSIDERATION G: THE PROPERTY IS LESS THAN FIFTY (50) YEARS OF AGE AND, WHILE THE BACARDI COMPLEX WAS CREATED IN 1963, THE ADMINISTRATION BUILDING WAS CONSTRUCTED IN 1973, BUT CONTRIBUTES TO THE SIGNIFICANCE OF THE COMPLEX BECAUSE IT FOLLOWS MANY OF THE SAME DESIGN PRINCIPLES AND INFLUENCES AS THE ORIGINAL PARTS OF THE BACARDI COMPLEX AND DOES NOT DETRACT FROM THE RESOURCE. ENACTMENT NUMBER: R-19-0045 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: RE.2, the National Register designation of the Bacardi Building Complex. Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Is there any discussion from the dais on this item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Reyes: See -- Chair Russell: Motion passes. You just designated a historic structure. City of Miami Page 45 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 RE.3 5366 Department of Police Commissioner Reyes: Because it is a historic structure. Chair Russell: You're absolutely right. Touche Commissioner Reyes: Historic structure; that's what I was going to tell you. I know when it is historic. Vice Chair Gort: It meets all the qualifications. Chair Russell: Thank you very much, sir. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD"), BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF SCHOOL BASED LAW ENFORCEMENT OFFICERS TO THIRTY-THREE (33) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION AND TO ACCEPT FUNDS FROM THE SCHOOL BOARD, IN THE AMOUNT OF $35,088.00 PER SCHOOL FOR THE DURATION OF THE 2018- 2019 SCHOOL YEAR, TOTALING $1,157,904.00, OF WHICH $180,118.40 OF THE TOTAL WILL BE APPLIED TO AUGUST AND SEPTEMBER OF CITY'S FISCAL YEAR ("FY") 2017-2018 BUDGET AND THE REMAINING BALANCE OF $977,785.60 IN FUNDING SHALL BE APPLIED TO THE CITY'S FY 2018-2019 BUDGET; AUTHORIZING THE CITY TO PROVIDE MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $1,088,465.85 FROM GENERAL FUND ACCOUNT NO. 00001.190101.514000, RESULTING IN AN APPROXIMATE TOTAL FISCAL IMPACT OF $2,246,369.85; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE TERMS OF THE MOU. ENACTMENT NUMBER: R-19-0046 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: RE.3, an MOU (Memorandum of Understanding) regarding school - based law enforcement officers. Is there a motion on this item, RE.3? Commissioner Reyes: RE.3. Let me take a look at it. Vice Chair Gort: I'll move it. City of Miami Page 46 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Moved by Commissioner Gort; seconded by the Chair. Is there anyone here to present on this item from the Administration or from the Police Department? Good morning, Chief. Jorge Colina: Jorge Colina, Chief of Police. I'm here to answer any questions. I think the MOU kind of speaks for itself, but if anybody has any questions about what this means or why, or how, I'm certainly here to answer any questions anybody may have. Chair Russell: Thank you; if you could just nutshell this for the public, because it is a significant expenditure of public dollars that we were not originally expecting to spend. But we are coming up on the one-year anniversary of the Parkland tragedy, which is one year ago on Valentine's Day, which set a lot of wheels into motion, including many resolutions from this board, empowering our police force to get involved; from Commissioner Reyes, from myself, and the entire board, to help the School Board in any way we can. So can you tell us exactly what the role of our officers is -- Commissioner Reyes: Yes. Chair Russell: -- how many are deployed, and what the future plan is to shift the responsibility back over to the School Board as they get trained up? Chief Colina: Sure. So we have 33 elementary schools that we are currently covering. The Miami -Dade County School Board Police is covering the middle schools and the high schools in our City. They did not have a sufficient amount of officers to cover all the schools. We entered into an agreement with the School Board. They would provide us with some funding, what they're allowed to provide, but obviously, that only covers a small portion of the expense. The way that we are staffing the schools is as an extra duty or time and a half; an officer that is on overtime, working at the school, because we did not want it to affect our regular staffing. One of the concerns that I had was that we wouldn't be able to respond to our citizens or an area where we have violent crime, because we have officers stationed at the school, where they wouldn't be able to leave. So to offset that concern, we're manning it in this form. The officers do not go inside the school. They are there to be in the exterior, in the perimeter of the school, if, God forbid, something were to happen, so they can address an immediate threat, but they are not to get involved with anything that happens inside the school; if two kids get into a fight, or whatever the case might be. The school administration still handles that component. I spoke with Chief Lopez from the Miami -Dade County School Board Police yesterday, I believe it was, or the day before. He's -- they hired additional officers. Those officers are going into their field training program. He's assured me that for the start of the next schoolyear that they will be able to take back the majority of the schools. If they are unable to man three, four, five, six schools, we will man them, but it will be in the form of an off -duty job, where the School Board will pay for the officers to be there, and it will not be an expense to the City. Chair Russell: Thank you very much. Chief Colina: Sure. Chair Russell: Are there any questions or comments? Commissioner Gort. Vice Chair Gort: My understanding, we're going to be trying to get some refunding or --? City of Miami Page 47 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chief Colina: We are, we are. The -- part of the agreement is that they are going to reimburse us for a portion of the expense, so there's still a significant portion that's going to rest on us, but they are reimbursing us for a portion. Vice Chair Gort: Well, my understanding, we're applying some grants where we can be -- Mr. Manager, are we applying some grants so we can get some additional funding for this? Emilio T. Gonzalez (City Manager): Sir, what we're doing is working with our colleagues in Tallahassee, because there are existing funds in other school safety programs that have not been fully used, and we want to try and get those released so that they can be given to the School District, so we can then be reimbursed. In fact, the main one is the grant that authorizes schoolteachers to carry guns and get training on them. Those funds have not been expended, so we want to try and get our legislative folks to see if we can get those redirected so that they can be sent to the School District, so -- to make up any of the shortage. Vice Chair Gort: Okay. Chair Russell: Can you report back to us on your progress with that? Commissioner Reyes: Yes. Mr. Gonzalez: Absolutely. We've been constantly talking to our legislators. The issue has been, as I understand it, that they don't think that this program has matured enough so that folks realize that the monies are available, and they don't want to redirect and then have somebody come back and say, "Hey, we want to do this," and then there's no money. But this -- it's a significant pot of money; in the tens of millions. So we're constantly watching that. Our folks in Tallahassee are watching that now. I speak to our legislators about it regularly when I have meetings with them, and they're all very cognizant of the fact. Chair Russell: Well, either their program hasn't matured, or the other alternative is that schools do not want to arm their janitors, coaches, and teachers; and so, the fund is not being spent. Vice Chair Gort: I don't blame them. Chair Russell: If that money is sitting there and the School Boards are not interested in using it, we should absolutely be trying to get it for helping with what we know works, and that is more school resource officers. Commissioner Carollo: That's a -- Mr. Gonzalez: And that's been our constant message when we meet with our legislators. Commissioner Carollo: Yeah. Chief Colina: And that's precisely what occurred. Every County in the State received "X" amount of money if they wanted to pursue the Guardian Program. Miami -Dade County chose that that was not an appropriate way to police our schools; and so, none of that money was used in this County. Chair Russell: There has been a motion and a second. Is there any further discussion from the board on this item? City of Miami Page 48 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: There is. Look -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- I know that it's a very popular issue that everybody wants to jump in the bandwagon, providing monies to our children for education, for safety. But let's not forget that that main responsibility under the law falls upon the legislature of the State, and they have not been meeting -- Commissioner Reyes: That's right. Commissioner Carollo: -- that obligation that they have. We recently passed here in Miami -Dade County another approval for additional monies for the School Board to give additional raises to teachers, and I don't know what else. And, look, I'm not naive and don't realize that any time you put anything with children, it gets passed. But the time comes that how much can we, as a City, keep giving when it's others' responsibilities? This Commission here, through decades, won't raise taxes, because we know that we have high taxes in the City, and our people can't pay it. But then, here, we're holding back in not raising taxes, and boom, like nothing, because they put children on, it gets passed, and then we get screamed at. "Well, why are your taxes high?" They're high, because the Children's Trust gets so much, this other issue now gets so much, the School Board is charging so much. And I want to make sure that our kids are safe, but, look, there has to be a point that others have to come up to their responsibilities. And as much as I like the Superintendent, he's got to take that lead, and he's got to learn that he can't keep coming back to us, the County, and squeeze us for it, and play that game that, if we don't do it, we're the bad guys. That's not our responsibility. That's the responsibility of the State, and that's where it should be put. And the Chairman there, Chairman Russell is correct. Those monies are sitting there, because we don't, as a whole, don't feel it's appropriate to use it for that. Now, it's not an issue whether it is or not; that's the policy we're taking. So we should be able to use that money in this fashion if it's not going to be used in the other fashion the State is giving it. How -- I mean, every year, I hear that we have this huge surplus in the State. Well, we're having the surplus because the State is not spending that money where it needs to spend it, and this is one of those critical areas. So, Mr. Manager, this should be one of the areas that both us, with the County, and the School Board need to unite and put all our lobbyists up there, and demand more money. We shouldn't have to keep dishing more and more money for any reason. Vice Chair Gort: Especially when we have the budget coming up. Commissioner Reyes: Excuse me. Chair Russell: Commissioner Gort, then Commissioner Reyes. Vice Chair Gort: The reason I was (UNINTELLIGIBLE), we all been to the workshop of the last budget we passed. Look at next year's budget. Commissioner Reyes: Yes. Vice Chair Gort: So we have to be very careful. Commissioner Carollo: Absolutely. You're absolutely correct, Commissioner. Chair Russell: Commissioner Reyes. City of Miami Page 49 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: You see, I'm going to go a little bit -- I'm going to be a little bit harsh on our -- on State Government. You see, in this particular issue, they mandated the schools to provide protection. Chief Colina: But they didn't fund it. Commissioner Reyes: But they didn't fund it. Vice Chair Gort: Yeah. Commissioner Reyes: And that is a practice that the State Government has, and they have done that for many years. But we are to blame, because we, as Commissioner Carollo said, together with the School System, and we should call our legislators, you see, and call them and tell them, "Listen, if you want to do this" -- "and let the people know that you are mandating us to protect, and we want to protect our children, but you are not funding it." It's just like testing, and that's another thing that -- I know it, because I was a teacher for a long time. But what -- they have this - - I mean, I don't know why people don't protest, but their modus operandis [sic] is they tell the local governments and they tell the School System what to do, but they don't put the money where the mouth is. And we have -- now that we have this problem that we have to subsidize the additional officers that we have there, I think that our -- we have to have our lobbyists, together with the School System lobbyists, working very hard in Tallahassee, and coming back and informing us, and it is our duty for us to inform the public, so they know that those elected officials there, they are not doing what they supposed to do. Mr. Gonzalez: Commissioner, if I may? I'm going to be going to Tallahassee in a couple of weeks, and this is going to be one of the issues that we'll be pushing. I have met individually with most of our delegation, and this is an item that comes up. The money is there; it's just earmarked for a separate program with regards to school safety and security. Commissioner Reyes: More to my favor, Mr. Manager, if the money is there, well, let's get a piece of that money. But that practice of directing local governments and School System to do something without funding it, I mean -- Mr. Gonzalez: Yes, sir. No, but -- Commissioner Reyes: -- it's against us. Mr. Gonzalez: -- the point is the money -- Chair Russell: One at a time, please. Mr. Gonzalez: -- is there; it's just earmarked for another safety program, and what we want to do is free that up so that those monies can then be made available -- Commissioner Reyes: Yes. Mr. Gonzalez: -- to our police professionals and the School Board's police professionals. Chair Russell: Commissioner Gort. Vice Chair Gort: Well, we are providing a safety program. Mr. Gonzalez: Yes, sir. City of Miami Page 50 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Vice Chair Gort: So we should be entitled to get some of those fundings under that guideline. Mr. Gonzalez: Yes, sir. But right now, it's earmarked for something else. Chair Russell: We -- well, we are getting funding. The gap, the delta -- Mr. Gonzalez: Yes. Chair Russell: -- is what we're having to cover -- Mr. Gonzalez: Exactly. Chair Russell: -- because what we pay our officers is not what they're offering. Mr. Gonzalez: Correct. Chair Russell: But as they are training new school resource officers, this should relieve the pressure on us to provide our folks. Mr. Gonzalez: So yes -- I believe it was yesterday or the day before, they swore in another class of 22 officers. Those officers have to go through field training, so it'll still be months before they're fully deployed. And by the time they relieve our officers, if I'm not correct, the Chief -- Chief Colina: It's going to be next schoolyear, without a doubt. Mr. Gonzalez: Yeah. Commissioner Reyes: And just to end this conversa -- I mean, on my side, on my part -- is this one of our legislative priorities, or are you going to include the payment of the additional police officers as one of our legislative priorities in Tallahassee? I'm asking you, Mr. Manager. Mr. Gonzalez: Oh, sir, this is a priority for us. We have personally made it a point to tell -- Commissioner Reyes: Okay. Mr. Gonzalez: -- each and every one of our members that this is important to us -- Commissioner Reyes: Okay. Mr. Gonzalez: -- that it's costing us money, and that the State needs to redirect those funds so that we can be made whole. Commissioner Reyes: Just making sure. Mr. Gonzalez: And I will be personally delivering that message within the next couple weeks. Commissioner Reyes: Okay; just making sure. Mr. Gonzalez: Yes, sir. City of Miami Page 51 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Any other comments? So for my part, I really appreciate your briefing with me earlier this week, Chief. My initial concern beyond the money, these are our kids. We must take care of this in the meantime. I wanted to make sure that if officers are onsite who aren't trained in the same way as a school resource officer with dealing with kids, and altercations, and such that we have a very specific policy that they are outside the school, but I wanted to know what triggers them coming into the school, because originally, they would be here for a major event; not for a lunchroom fight where something could get out of hand, or a miss -- something could get misunderstood. Who triggers the policeman's entrance into the school? Who makes that decision? Chief Colina: The School Administrators. So if there's something happening in the school that they feel that this is a scenario where they would normally be calling 911. Chair Russell: Got it. Chief Colina: If something like that has happened, then the officer responds inside, because, of course, our top priority is public safety, regardless of the age. Anything absent of that, anything less than that, they call the School Board. And if there's an incident that needs to be documented, the School Board will be called, and they will document that incident. We're there to protect life; not to mediate, you know, the food fight in the cafeteria. Chair Russell: Thank you. There's been a motion; there's been a second. Is there any further comment from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That was RE. 3. City of Miami Page 52 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 RE.4 RESOLUTION 5390 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MANGO ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2445 SOUTHWEST 5TH AVENUE AND 471 SOUTHWEST 25TH ROAD, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY") WITH AN APPROXIMATE TOTAL AREA OF 12,700 SQUARE FEET, AS SHALL BE LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00); ALLOCATING FUNDS FROM THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY THOUSAND DOLLARS ($1,130,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUDING THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. ENACTMENT NUMBER: R-19-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Now RE.4, Commissioner Carollo, I believe this is in your district. Commissioner Carollo: Yes, it is. Chair Russell: Would you like to make a motion on the item, or would you like to ask some questions of the City? Commissioner Carollo: I'll make a motion on the item, and if anvone has any questions, they can certainly make them. Chair Russell: RE.4 has been moved. Is there a second? Commissioner Reyes: I'll second it. Chair Russell: It's been seconded by Commissioner Reyes. City of Miami Page 53 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: I have some questions. Chair Russell: You have a question? Commissioner Reyes: Yes. Yes, sir. Chair Russell: Please. Commissioner Reyes: I have a question. And this is going to be for a park, Mr. Commissioner? Commissioner Carollo: Yes. Commissioner Reyes: Okay. How big is that park going to be? Commissioner Carollo: This is a park that's going to be 12,700 square feet. It was recommended to me by the neighborhood association in the area. It's the only sizeable tract that's left that we could acquire in that particular neighborhood; there's no other. Thank God, there's no building on it; otherwise, it would cost more, and then -- not just to buy, but then to tear down. Commissioner Reyes: Good. Commissioner Carollo: So it's in a great location, in the middle of the area, and at the same time -- Commissioner Reyes: There's good size parking. Commissioner Carollo: -- they're corner lots. I mean, it's not like some of the parks in some of the other districts in size, but it's more than what you would call a pocket park that's six, seven thousand square feet, and it's big enough for a playground and more; even a dog park if that's what they want there, also. Chair Russell: Commissioner Gort. Vice Chair Gort: Commissioner, let me ask a question, because I was looking at that area. Is that south or north of Coral Way? Commissioner Carollo: That's -- Vice Chair Gort: Because I was trying to look for it. Commissioner Carollo: -- okay. That's going north of Coral Way. Chair Russell: The address, Mr. Rotenberg? Daniel Rotenberg (Director, Public Facilities): It's 244 -- it's 2445 Southwest 5th Avenue, and 471 Southwest 25th Road. Commissioner Carollo: Yeah. It's right in the center of the Roads. Vice Chair Gort: Right. Commissioner Carollo: Yeah. And -- Mr. Rotenberg: It's in between 21st Terrace and 21st Street. City of Miami Page 54 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: Yeah. Commissioner Reyes: Yeah. There's no park around there. Commissioner Carollo: No, there's not. Commissioner Reyes: There's no park around there. Okay. Chair Russell: It's a significant piece of land. Commissioner Reyes: That's great. Chair Russell: It'll be an impressive little park. Commissioner Reyes: Yeah. Vice Chair Gort: The other thing I'd like to ask of you, Commissioner Carollo, there's another park right -- further down, on 4th Avenue, which is in the Triangle. Commissioner Carollo: The Triangle Park. Commissioner Reyes: That's right. Vice Chair Gort: Yeah. We need to take care of that park. Commissioner Carollo: Yeah. That's one that we're working on to do additional things to, on Triangle Park. We've been in touch with the Administration. This is why I needed to have gotten a little extension from you guys that I didn't get, so we could have gone over the bond monies that were issued. That's one of the ones that I was trying to get a little extra help for, so if, you know, you might want to reconsider all that, I greatly would appreciate it. Vice Chair Gort: That park is being used (UNINTELLIGIBLE) now. Chair Russell: Triangle Park definitely needs some investment. Commissioner Carollo: It does. We started with some of the parks that were in the worst shape in my district. Vice Chair Gort: Right. Commissioner Carollo: And frankly, what few parks we had were overall not in good shape. In Jose Marti Park, the playground was the oldest, in the worst shape of any in the City. It's not like that any longer. Over at Southside Park, it was a similar situation. You have a new playground there. We're moving now to some of the other parks, which Triangle is one of them. Vice Chair Gort: Okay. Chair Russell: Thank you, Commissioner Carollo. I'm sorry, you had another --? I have a question, Mr. Rotenberg. So I notice this is a four -fifth, because we're paying slightly above the appraised value. Is it that when a landowner sees the City coming that they raise their prices; that they see that --? What's the best strategy here for us to get the best prices on these lands without raising too much attention to them? City of Miami Page 55 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Rotenberg: In this specific case, because the land was in assemblage, and it's on two parcels -- we started negotiating on this in 2016. This was a process. I'm not sure how we can better the process unless we have a company as a front, but I don't think these people, the sellers, raise the numbers when they see us. The process is drawn out; it's difficult. We don't have a normal due diligence period, so we have a lot working against us. But in this specific case, I don't think the price is unwarranted. Chair Russell: Thank you. I'd like to bring your attention, as well as the attention of Commissioner Reyes to a parcel of land on 32nd Avenue, Southwest 32nd Avenue and 25th Street. Commissioner Reyes: Yes. Chair Russell: Very similar; big piece of land, right on a major -- edge of the major thoroughfare, in a neighborhood that borders both our districts. Commissioner Reyes: But -- that's right. And -- Chair Russell: I would love to cooperate with you on a park in there. Commissioner Reyes: -- I already -- we already mentioned that to -- Chair Russell: Yes. Commissioner Reyes: -- we mentioned that to DREAM (Department of Real Estate and Asset Management) already, and we've spoken about that. And one is owned by a church, isn't it, sir? Am I right? Mr. Rotenberg: Yes, sir. Commissioner Reyes: Is that parcel -- one is owned by the church, and the church doesn't want to get rid of it. Mr. Rotenberg: That's correct. Commissioner Reyes: You see, one of those -- Commissioner Carollo: Well, there are ways that -- Commissioner Reyes: -- you'll have to twist their arm. Commissioner Carollo: -- we could get it. Commissioner Reyes: That's right, but that -- Commissioner Carollo: Legal ways. Commissioner Reyes: -- those two -- there are two parcels there, Commissioner Russell. Commissioner Carollo: Yeah; three, actually. I'll give you a history on that. Commissioner Reyes: That was the -- that old -- Chair Russell: Sorry I brought it up. City of Miami Page 56 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: Well, when I was a kid, that we moved to Miami from Chicago, that used to have an Italian restaurant there. It was one of the best restaurants around. Then through the years, they changed it to something else, and they finally tore it down. Commissioner Reyes: A Spanish restaurant -- Commissioner Carollo: But it's been -- Commissioner Reyes: -- and a bar. Commissioner Carollo: -- vacant land for the last couple of decades, I think. Commissioner Reyes: Yeah. Chair Russell: What a great spot it would be. Commissioner Carollo: Yeah. Commissioner Reyes: That's a beautiful spot. And there's no park around there, Commissioner Russell. Chair Russell: Correct. Chair Russell: So -- Commissioner Carollo: There is, but there's not -- you have the park in 37th. Chair Russell: Douglas Park. Commissioner Reyes: Douglas Park. Commissioner Carollo: Douglas Park, yeah. Chair Russell: Quite a little way. So back to this item. You certainly have my support on this, Commissioner. There has been a motion; there has been a second, I believe. Commissioner Reyes: Yes, sir. Vice Chair Gort: Yes. Commissioner Reyes: And we're going to keep on working on it. Commissioner Carollo: I'll work on it. Just keep working on mine, too. Commissioner Reyes: That's right. Chair Russell: Any further comments from the dais on RE.4, a land acquisition for a park? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? This is a four -fifths. We've got all -- Vice Chair Gort: Got four. City of Miami Page 57 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: -- oh, we got four right here anyway. Motion passes, RE.4. RE.5 RESOLUTION 5408 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATION ADOPTING THE RECOMMENDATION BY CBRE, INC. TO SELECT THE NEXUS RIVERSIDE SITE, LOCATED AT 230 SOUTHWEST 3 STREET, MIAMI, FLORIDA ("NEXUS SITE"), AS THE LOCATION FOR THE NEW CITY OF MIAMI ("CITY") ADMINISTRATIVE BUILDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AGREEMENTS FOR THE DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY ON THE NEXUS SITE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND PRESENT TO THE CITY COMMISSION FOR FINAL APPROVAL PRIOR TO EXECUTION; FURTHER PROVIDING THAT THE SELECTION OF THE NEXUS SITE DOES NOT CONSTITUTE AN AWARD OR CONFER ANY CONTRACTUAL, OR PROPERTY, RIGHTS UPON THE LANCELOT MIAMI RIVER, L.L.C. UNLESS AND UNTIL THE APPLICABLE AGREEMENTS ARE APPROVED BY CITY COMMISSION AND EXECUTED BY THE PARTIES. ENACTMENT NUMBER: R-19-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Chair Russell: RE.5, accepting recommendation for Nexus Riverside site. Is there a motion for RE.5? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Hardemon: Second. Chair Russell: Seconded by Commissioner Hardemon. Commissioner Reyes: I have a couple of questions. Chair Russell: Of course. Commissioner Reyes: Okay. And you know how I feel about this, but you meet you met with the Marlins for the site, right? Daniel Rotenberg (Director, Public Facilities): We've spoken with them. Commissioner Reyes: But you spoke with the real estate only, right? City of Miami Page 58 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Rotenberg: Yes. Commissioner Reyes: You didn't speak with the decision makers. And I know that the City Manager did. Mr. Rotenberg: Correct. Commissioner Reyes: But I just want to ask, Mr. Adler, and you and I had a conversation that -- I'm going to vote in favor of this, I mean, because I want you to start. But if -- between -- because I don't want to close the door in -- on the possibility of having another site for the Administration Building -- that if before you are ready to break ground, there is the possibility -- which I doubt there's going to come, but I don't want to close the door -- there is another site that it will be more -- I would say profitable for the City to build the Administration Building there, are you willing to also, you see, negotiate with us and build that building in that -- in a different site? That's what we're -- Chair Russell: Would you like comment from the --? Commissioner Reyes: Yes. I just wanted that -- Chair Russell: Please state your name. David Adler: David Adler, 2831 South Bayshore. As we've discussed -- Commissioner Reyes: Yes, sir. Mr. Adler: -- Commissioner, there needs to be direction taken, and we're excited that that direction is being taken. You keep asking me about my timeline. This is really about your timeline. You all put out a request for an RFP (Request for Proposals). Commissioner Reyes: Yes, but -- Mr. Adler: The longer this process takes -- Commissioner Reyes: -- yeah. Mr. Adler: -- if -- Commissioner Reyes: Yeah. I'm not delaying; you are. Mr. Adler: I understand. Commissioner Reyes: I'm -- just a simple question, in case -- Mr. Adler: But as you know, this is for you all to decide. Commissioner Reyes: Okay. Mr. Adler: I am, in that capacity, with that RFP, helping you build that building, wherever you all would like it to be. Commissioner Reyes: That's what I wanted to hear, okay? That's what I wanted to hear. Okay. Thank you, sir. City ofMiami Page 59 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: I need to get some information in the record, Mr. Chairman, that -- Chair Russell: Yes, of course. Commissioner Carollo: Daniel, how many square feet -- for the record, for those that are at home watching -- are we going to have in this new building? Mr. Rotenberg: Approximately 275,000 square feet. Commissioner Carollo: Okay. Approximately 275. Does that include the buildable parking spaces or not? This is just office space? Mr. Rotenberg: That's just pure office, sir. Commissioner Carollo: Okay. How many parking spaces are we getting there, built in the building? Mr. Rotenberg: About a thousand square -- about a thousand parking spaces. Commissioner Carollo: In the building? Mr. Rotenberg: In the building. Commissioner Carollo: But are those all ours, or are some shared? Mr. Rotenberg: There are going to be some shared. Commissioner Carollo: What percentage shared? How many are shared versus how many do we get? Mr. Rotenberg: About 30 percent are shared; 700 or 70 percent will be ours to use, exclusively; plus the space we have behind the FDOT (Florida Department of Transportation) spaces -- Commissioner Carollo: Yeah. Mr. Rotenberg: -- that we currently lease. Commissioner Carollo: The FDOT spaces are how many, approximately? Mr. Rotenberg: We have approximately 400-plus spaces over there. Commissioner Carollo: 400-plus. Commissioner Reyes: You never know. Commissioner Carollo: How many stories are we going up; 20 in this building? Mr. Rotenberg: About 20. Commissioner Carollo: 20 stories, okay. What is the estimated value of this building once it's built that if we were in a bind that we could sell it for? Mr. Rotenberg: Based on today's numbers, if this went up and was TCO'd (Temporary Certificate of Occupancy), CO'd (Certificate of Occupancy), and ready for somebody to move in, the construction price is about 130 to 135. We would be City of Miami Page 60 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 able to sell at a terminal cap rate of about 5 percent. It would be in excess of $175 million. Commissioner Carollo: Okay. So you feel that it would be in excess of 175 million? Mr. Rotenberg: Yes, sir. Commissioner Carollo: Okay. The land -- the footprint of land that this is taking is how many square feet? Mr. Rotenberg: Roughly 40,000-square-foot plate. Commissioner Carollo: Okay; about 40,000, which is just under an acre. Now, the present building that we have there in the MRC (Miami Riverside Center), how many square feet is that? Mr. Rotenberg: It's under 200, 000. I believe it's about 190, 000, total. Commissioner Carollo: Okay. So we're gaining approximately 85,000 square feet, correct? Mr. Rotenberg: Correct. Commissioner Carollo: And how many parking spaces do we have in the adjacent building? Mr. Rotenberg: We currently have 514 spaces. Commissioner Carollo: Okay. space. So we're gaining 85,000 new square feet of office Commissioner Reyes: And 600 -- Commissioner Carollo: And roughly 686 -- Commissioner Reyes: That's right. Commissioner Carollo: -- no, I'm sorry -- 186 new parking spaces. Commissioner Reyes: No. Commissioner Carollo: Yeah, 186 new parking spaces. Mr. Rotenberg: Yes. Commissioner Carollo: Okay. The 400 from FDOT are the same; that doesn't change. Mr. Rotenberg: Correct. Commissioner Carollo: How much would you say the MRC Building is worth if we were to sell it, more or less at the same time if we had to sell the other one? How much do we sell it for? Mr. Rotenberg: I mean, we're selling it right now for 70, but if we had to sell it on the open market -- give me a second. City of Miami Page 61 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: We're selling it for 70? Mr. Rotenberg: We're selling it for 70, at fair market value right now. Commissioner Carollo: Okay. Well, but we're selling it for 70, with a lot more land than 40,000 square feet. What is the actual land that we have in that whole area there right now? Mr. Rotenberg: 3.15 acres. Commissioner Carollo: 3.15. That does not include the slips, correct? Mr. Rotenberg: That does not include the slips. Commissioner Carollo: Okay. Once you include those slips that they're going to fill, how much land were we going to have there? Mr. Rotenberg: It would probably be 3.3 acres, maybe 3.4. Commissioner Carollo: At least; say at least -- Mr. Rotenberg: At least. Commissioner Carollo: -- three and a half acres. Those are pretty big slips that we have there. And that's not included in your 70 million. Well, the building that we're going to get built is going to be a new building, granted, but it's not going to have anywhere near the luxury that the building that we have now; that's not really that old of a building. The building we have now is a very luxurious building, and the only reason we have all that marble and all the extra stuff is that it was built for FPL (Florida Power and Light). They built it to their taste, and we got it from them. I'm asking these questions, because I'm going -- I'm heading two ways here. You're telling me a building that's very luxurious, with a lot of marble, a lot of everything is worth 70 million, while we have two and a half more acres than what we're getting with the new building. The new building that's only 85,000 more square feet, but only 186 more parking spaces, is going to be worth 105 million more than what we're selling ours for. That doesn't make sense to me. Commissioner Reyes: Not at all. Mr. Rotenberg: Our building today is functionally obsolete. Commissioner Carollo: You're the economist. Commissioner Reyes: That's right, that's all. Mr. Rotenberg: If you'd allow -- our building today is functionally obsolete. Commissioner Carollo: Well -- Mr. Rotenberg: In other words, we don't do capital improvements to our building, so to get our own building back up to speed probably would cost us in excess of 50, 60, maybe $70 million. The marble needs to be refaced; the roofing outside; the waterproofing, windows, air conditioning -- Commissioner Carollo: -- David [sic], I've been in that building now, and I've been in that building from way back. And if that building is obsolete, then we should tear City of Miami Page 62 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 down everything that hasn't been built but within the last five years in Miami. That's a darn good building. Commissioner Reyes: Sturdy. Mr. Rotenberg: Right. Commissioner Reyes: It's sturdy. Mr. Rotenberg: And most of the other private owners that own a building like that keep the building up to a level that we do not. Commissioner Carollo: But -- Mr. Rotenberg: That building is a tear -down. Commissioner Reyes: Let me ask you just -- Commissioner Carollo: -- I'm sorry, that one I can't buy. I've seen the marble. That marble that's there, it's the finest marble that you could get in the world. It all -- it's marble from Spain; that if you would go today, the square foot for that marble is twice the amount or more than when they built the building, and the installation is even more. Mr. Rotenberg: Correct. Commissioner Carollo: And while there was a time that I saw that it wasn't polished - - I've been there recently, and it's been polished. It looks great. The -- when I hear that the building is obsolete, I cannot buy that, that the building is obsolete. Look, and I'm not trying to make an argument against what we're doing. I'm just trying to lay the facts down. But when I'm being told the building is obsolete -- Mr. Rotenberg: It's not based on what we're saying. There was an appraisal done. We've had experts walk through the building. The mechanical, electrical, plumbing - - just because the marble looks nice and it's recently been polished -- it's cracked. The elevators have issues; electrical systems have to be updated; IT (Information Technology) has to be updated; the roof has to be updated; hasn't been waterproofed. This is not me saying so; it's an appraisal, and it's experts that have gone through the building. Commissioner Carollo: Waterproofing for a building like that is so easy. I mean, I'll get a few buckets of that rubber coating, and I guarantee you, for a few thousand dollars, we could do it ourselves. I mean, we'll get the whole Commission up there. It'll be fine. Mr. Rotenberg: And that's cosmetic -- Commissioner Carollo: It'll be fine. Mr. Rotenberg: -- and I agree with you. The cosmetics may be there, but there's a lot more behind the building's interior that need work. Commissioner Reyes: I have a question, sir. Chair Russell: Commissioner Reyes. City of Miami Page 63 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: I heard -- I've been hearing this, and this was cooked before I came here -- I've been hearing all along that this is an obsolete building. I'm told the building -- that we're going to gain 85,000 square feet, blah, blah, blah, blah, blah, okay? But I have not heard an estimate of refurbishing that building. You're talking about, you see, the elevators have problems that -- but that building, structurally, it is sound. It is structurally sound. And we are going to get into a debt, because we're going to pay $175 million or whatever it is -- how much that building is going to cost? The -- Mr. Rotenberg: We're not paying 175 million. Commissioner Reyes: -- 120 -- how much the next -- the new building is going to cost? Mr. Rotenberg: We put this out to an RFP that was open to the market. The $70 million is what we got, so we can say whatever we want -- Commissioner Reyes: No, no, no, no. The new building that we are going to -- Mr. Rotenberg: The expense to build it right now is estimated at about $135 million. Commissioner Reyes: $135 million? Mr. Rotenberg: Correct. Commissioner Reyes: That's right. That is $135 million. How much are we going to get for this building? Mr. Rotenberg: We're only getting 70 million. Commissioner Reyes: 70 million. So we're going to pay $60 million to get 85,000 additional square feet, right? Mr. Rotenberg: That's correct. Commissioner Reyes: And also, I mean, we are going to get that building 30 years from now, because the way that the deal is made, all the proceeds -- Mr. Rotenberg: Commissioner -- Commissioner Reyes: -- will go to pay the bill. Mr. Rotenberg: -- I understand what you're saying, but this was approved by the referendum, as I've explained it to you before. Commissioner Reyes: Sir, sir, I mean, I know that was approved by a referendum. I know, I know. Mr. Rotenberg: It was one of the two items that we discussed. Commissioner Reyes: All the things were approved -- Chair Russell: One at a time, please. Commissioner Reyes: -- by the ref -- by referendums, and that, I mean, I don't agree with it. I have all the right not to agree with it, but the only thing that I'm saying is we are paying $60 million to get additional 85,000 feet, and we're going to get a City of Miami Page 64 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 building that is not going to be built like this, and I want to know how much will it take to refurbish this building; $20 million? Mr. Rotenberg: No, it's not going to take $20 million. Commissioner Reyes: What; 50 million? Mr. Rotenberg: It probably will take -- Commissioner Reyes: You have -- do you have an estimate? Mr. Rotenberg: We had it (UNINTELLIGIBLE) for the building. I don't have it in front of me. I was prepared to discuss --. Commissioner Reyes: But I don't -- I haven't seen any estimate. I mean, that is -- Mr. Rotenberg: Sir, we discussed -- Commissioner Reyes: I know that it discussed a year ago. Mr. Rotenberg: -- this for over a year and a half, and I've been to your office a lot of times to discuss this. I can discuss it some more at your office. Commissioner Reyes: No, no, no, no, no, no, no. Correction, sir. We never talked about refurbishing this building; about how much will be an estimate -- Mr. Rotenberg: (UNINTELLIGIBLE) never discussed -- Commissioner Reyes: -- of refurbishing this building. Mr. Rotenberg: If you want, we can meet with you afterwards in regard for refurbishment of the building, because here, he had walked through the building, and has their report. You have it; it's 50 pages. We can sit down with you and go through it. Commissioner Reyes: Okay. Well, I'm just following on Commissioner Carollo's thought, you see. I'm just throwing numbers. Chair Russell: Thank you. Mr. Mayor, you'd like to be recognized? Mayor Francis Suarez: Thank you, Mr. Chair. Yeah. I know there's a motion and a second on this item. You know, I -- look, I respect the debate. Obviously, there's always room to debate things. But I think we're at a point where, like it or not, this Commission decided to put this as a net -zero deal to the voters of the City of Miami. The voters approved it overwhelmingly by more than 60 percent. I know there was discussion about what was the ideal site. Obviously, we have a comprehensive study that was done by CBRE, which I think comprehensively makes a compelling case for the site which is being proposed by the Administration, and I think it's time for us to move forward. Obviously, you know, everyone is entitled to their perspective and opinion as to whether this is a good deal or not, but this is a net -zero deal for the citizens of the City of Miami, which is what they voted for, and I think we should move forward. Commissioner Reyes: Mr. Mayor, I know it is a net zero, but that's what I don't want. That's what I wanted to avoid. And also, you know, when you talk about referendums, if you are -- I mean, sometimes people vote according to the question, you see. The question here was that we're going to build -- emphasis was made on City of Miami Page 65 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 the revenues that were going to be received by the project, you see; that it was about $10 million. That was (UNINTELLIGIBLE) -- I mean, it wasn't so specific at all the questions that have been -- most of the times, that's why people are confused, and people don't trust us so much -- that the question was based on -- and what was discussed on the radio and every place -- was the benefits that it was going to be derived by Mr. Adler, the project. And never the voters were told that all the proceeds were going to go into financing this building. It wasn't expressed like that. I mean, and what I'm saying, I know that people voted, and people sometimes are misguided, or I don't know if it was done intentionally or not, but that is the referendum, okay? And that doesn't preclude us to ask questions, and particularly those of us that were not here when you guys made this deal -- okay? -- I mean, decided this. Chair Russell: Thank you, Commissioner Reyes. Commissioner Reyes: Okay? And it doesn't preclude us from asking questions. It doesn't mean that it's going to go another way or not. It's going to be voted here, and that's it, but I am entitled to my opinion, Mr. Mayor. Chair Russell: Of course and healthy questions. Mayor Suarez: Of course. Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you. Mayor Suarez: And I've always said that, so. Chair Russell: Let's start to wrap this up. Commissioner Carollo: Thank you. If -- Mayor Suarez: And always will be. Commissioner Carollo: -- I may? Daniel, the price of an acre of land in that area along the Miami River, approximately how much is it now? I don't know; that's why I'm asking you. Mr. Rotenberg: It ranges on the river all the way when there was an (UNINTELLIGIBLE) sale at the mouth of the river to $125 million an acre to what we got -- Commissioner Carollo: Well, 125, I think it's way back -- Mr. Rotenberg: Those are the ranges. I can have CBRE speak to it if you want. Commissioner Carollo: I -- well, I'm talking an estimate. I'm not going to hold you to it. What's a logical estimate per acre? Mr. Rotenberg: $25 million an acre. Commissioner Carollo: Okay. 25 million an acre. We have three and a half acres there, including the slips that would be filled. So if it's 25 million an acre, we have 75 plus half of that; 87 and a half million, just on land, alone; that's not including the cost of our building. City of Miami Page 66 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Rotenberg: Well, again, it's 20 to 25 our -- CBRE is telling me, and then you have to fill in those slips, so that's a cost, so -- Commissioner Carollo: Okay. So -- Mr. Rotenberg: -- so those adjustments. Commissioner Carollo: Yeah, but that's -- it's a minor amount of land. You told me we had 3.15, and we're estimating it'll be fill, 3.1. So even if we go to 20 million -- the new estimate from 25 -- per acre, we have 60 -- I'm not even going to include the filling of the land; just what we have of upland right now -- we have some $65 million, approximately on land worth, going to the new lower value of 20, and not the original 25 you gave me. So now we're at 65 million. So we're giving the MRC. We're putting a price on the MRC of $5 million. Mr. Rotenberg: It was at -- Commissioner Carollo: We're getting 70 million altogether. Mr. Rotenberg: Per the REP, that's what the number was, yes. Commissioner Carollo: Yeah. So you just gave me the latest number, not 25 million per acre. You gave me 20 million per acre, and that comes to -- with the present amount of land we have there, not filling the slips -- $65 million, which puts the price on the MRC Building to only $5 million, because we're selling it for 70, right? Mr. Rotenberg: That's correct. Commissioner Carollo: Okay. I just wanted to get that on the record. And I think all of us here would have to acknowledge that the MRC no matter how bad we want to claim that it is -- and I don't think it's anywhere near that -- it's worth a heck of a lot more than 5 million. Now, may -- I got one additional question. Mr. Rotenberg: Sir, again, there were two appraisals that did that. We had it in the open market; that's what we -- Commissioner Carollo: I understand that, but that doesn't mean that what we've gotten is a good deal. I'm not going to challenge now whether it's bad or good. I want to get things on the record. You estimate now that -- how much will it cost to refurbish this old, broken down building that we have that's falling apart, the MRC; which, by the way, was built in what year? Mr. Rotenberg: Let me check. I think it was in 1980s. Commissioner Reyes: In the '80s, yes. I know. Commissioner Carollo: Yeah. So if it's in the '80s, it's less than 40 years old. Commissioner Reyes: That's right. Mr. Rotenberg: With an expected life of about 30 to 35, yes. Commissioner Carollo: Could somebody look it up and in Sunbiz -- excuse me -- in Miami Property Appraiser? Nobody has the number there? Well, while you guys are finding out for us when the building was constructed, if I could get -- well, it could be our City expert; it could be from their side, or both of you give me different numbers. The 20-story building that's being built, what is the estimated cost per City of Miami Page 67 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 square foot that you estimate it's costing you to build that? Is it 240, 250, 240? Is it more? Mike McShea: Base building. So, Mr. Commissioner -- Commissioner Carollo: But I'm asking a question -- Mr. McShea: Okay. Commissioner Carollo: -- that I -- it's important that I get an answer. Mr. McShea: Okay. Commissioner Carollo: David [sic], you want to give us a number that -- I mean -- or whoever from your side is more apt to give us a number? Jonathan Raiffe: I -- Jonathan Raiffe, 499 Northeast 55th Terrace. There were a few independent studies that were done. We worked with our team, as well as CBRE. Commissioner Carollo: Yeah. Mr. Raiffe: And we both came in with a range of between 230 and 240 per square foot -- Commissioner Carollo: Okay. Mr. Raiffe: -- for the core and shell of the building -- Commissioner Carollo: Two. Okay. Mr. Raiffe: -- which includes the parking, as well, into that figure. Commissioner Carollo: The parking -- you're figuring at 230, 240. What are you estimating each parking space is costing? Mr. Rotenberg: About 20 to 25,000 a space. Commissioner Carollo: Okay, about 20,000 a space. Mr. Rotenberg: 20 to 25. Commissioner Carollo: Okay. All right. Very good. Can -- does anybody know when the building was constructed? Mr. Rotenberg: It was -- apparently it was construction [sic] in 1992; it was acquired in 1994. Commissioner Carollo: Okay. So it's a little newer than we thought. Mr. Rotenberg: Little newer. Commissioner Carollo: Huh? Mr. Rotenberg: Yes. City of Miami Page 68 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: 1992, which makes the building only 26 years old. My God, didn't we get any guarantee from Florida Power and Light? I mean, did we get suckered, and they gave us such a faulty bad building? Mr. Rotenberg: No. We didn't take care of it. Commissioner Carollo: Well, okay, we didn't take care of it. Well, how much are you estimating that it's going to cost us to refurbish that building? Because I've gotten numbers that are all over the place, from one end to the other. Mr. Rotenberg: Heery's number -- let me just look it up. Heery 's number was about 150. Commissioner Carollo: Million? Mr. Rotenberg: No, not million; 150 per square foot. Commissioner Reyes: A hundred -- I mean, we don't want to rebuild it. We want to - Commissioner Carollo: I could build for 175; if not, 150. Mr. Rotenberg: Yes. Commissioner Carollo: Not with marble or all the other fancy stuff the building has. But -- so it's 150. Give me the total number in the building that you estimated it would cost. Mr. Rotenberg: It's about $30 million if you're going to refurbish the building right now. Commissioner Carollo: Okay. Mr. Rotenberg: But that doesn't include the extra 90,000 square feet that we've grown out. So if you're going to include the building on the annex next door, add about 250 bucks a square foot. Commissioner Carollo: Okay. Well, I'm going on the information I'm getting here, and this is why I was going through this, because this is -- was weighed in my mind heavily, and my decision was not as much where we should build, because whether we built there or other sites, we have many good sites to build on, so that's not the biggest issue for me. While I would like to maybe see a City Administration Building -- it has been talked about for many years -- in my district, by the Marlins Stadium, I don't know how practical that would be for many reasons, including the fact that we gave all that land basically away to the Marlins in a lease. While it's ours, they control it. But what I do control now is my vote, 20 percent of what's up here, in these figures. And let me go over what we just did here. You stated to me on the record that the land value of what we have is 65 million. We're selling the property for 70 million, which means a building that's 190,000 square feet, we're giving it away for 5 million so that we could have our $70 million that we come to. At the same time, you acknowledge this is a 26-year-old building, and I'm amazed it's got so many problems -- Commissioner Reyes: Yep. City of Miami Page 69 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: -- for being 26-year-old, and built by Florida Power and Light, which is not a mom-and-pop operation, and they put the best of everything in that building. Mr. Rotenberg: Right, and they moved right out. Commissioner Carollo: For other reasons; not because the building had any problems. The amount that I am told that we're going to get built in the new building is 85,000 square feet more than we have in the present one, and we're going to get 186 more parking spaces. Okay. So you've also said to me -- which I think is extremely high, but I'll go along with the number right now for the sake of getting to where I want to go -- you stated to me that it would cost us $30 million, 150 a square foot -- correct? -- Mr. Rotenberg: Correct. Commissioner Carollo: -- to refurbish the building that we have here, and it would be a little under 30 million, because we only got 190,000 square feet, but I'll grant you the full 30, which is over 150 square foot. I was told that it cost 230 to 240 a square foot to build -- and I think they're correct, because I checked that out already -- in a 20 foot -- -story building; not a luxurious building, but, you know, an acceptable governmental building, 240. I think between 230 and 240 is a fair number. I'm going to go with the higher one, 240. You've also stated to me that with the extra -- that the cost of the parking spaces is 20 to 25, based on the industry amount. I would say that it's much closer to 20,000. So if we were to build -- which we have the room on the side of the MRC -- an additional 85,000 square feet, with an additional 186 parking spaces, in an eight -story building, which means that to get the 85,000 square feet that we need, we only need four stories, approximately 15,000 square feet -- well, a little more than four, because it's 85. We will need -- if we could do 20,000, it'll be four-story; if it's 15,000, we would have to go with six stories. Regardless, we would have anywhere from two to four floors for parking. We build next to the MRC, 85,000 new square feet and 186 spaces, because the building would be no higher than eight stories -- Mr. Rotenberg: You're assuming there's only two stories or three stories of parking. You're going to fit that all into eight stories? Commissioner Carollo: Well, if I could build 20,000 square feet, which I believe I can, in -- for storage, with the blueprint we have there; if not, we could even go with six stories, and build 15,000 per floor. We can go eight stories, and frankly, even 10 stories, and keep the price of square foot much less than 240, which is the amount that you have to pay when you go higher than 10, when you start hitting the 15, the 20 stories. So now my cost should be between 150 and 175 a square foot for a vanilla -type government building, like they're giving us, because we're not going real high; therefore, it cost less for construction. I'm estimating on the high side, the 175. For 175 for an additional 85,000 square feet, it is 15, 750, 000. And for an additional 186 parking spaces at 20,000, it is 3, 720, 000. So I have here 19, 470, 000 for a brand-new building, with the extra space that we need for office and for the extra parking space. Then I'm going to add the 30 million that you tell me that it's going to cost -- which I don't believe it's going to cost anywhere near that -- but I'm going to include the 30 million you're giving me for refurbishing the MRC. I got a total of under $50 million to refurbish the MRC and to get a new building, with parking. Commissioner Reyes: Yes, sir. Commissioner Carollo: And I'm not even including that we're keeping an extra two and a half acres, where in the new building, we're not getting a full acre. City of Miami Page 70 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Rotenberg: I'm not exactly sure (UNINTELLIGIBLE) keeping the extra -- Chair Russell: Mr. Rotenberg, it's not a debate. There's not a question posed that you need to respond to. Commissioner Carollo: Well, but I -- Chair Russell: I'm just giving Commissioner Carollo room to -- Commissioner Carollo: Right. I -- Chair Russell: -- finish his point and bring it to a close so we could take a vote. Commissioner Carollo: -- the point that I'm making is that right now, gentlemen, based on the numbers that I'm seeing here, you know, I -- if you want to convince me that this is a good deal, and you're going to have to sit with me outside and show me that it's a good deal, because based on the information you've all given me, there's no way in the world -- and I'm surprised at some of the numbers I've gotten right now. Commissioner Reyes: Yep. Commissioner Carollo: There's no way in the world that I can vote for this, because the numbers that I have here, they're not lying to me. If someone can show me how they're lying, I'd be happy to hear, but this is showing me that what we're doing, it's a bad deal. And mind you, I'm only including 50 million on the very high side, based on the numbers you've given me to refurbish the present building and to build the additional space that we need. I'm not even including in the price the additional two and a half acres -- or 2.15 -- two -point -and -a -quarter acre that we're keeping that would give me an extra -- based on the numbers that you've given me -- $50 million in land that I'm keeping, that I'm not giving away. Chair Russell: Thank you, Commissioner. Is there any further comment from the dais? Commissioner Reyes: Yes. I want to -- I just want to add this: You see, based on the way that I understand the deal, you see, we are going to tear down that building, a new building is going to be built, and for the next 30 years -- for the next 30 years, all the proceeds from the development that is going to take place next to it is going to go to pay that building for the next 30 years; plus the $70 million that we are going to receive is going to go there. So in 30 years, we're going to get a building that, according to your own definition of the usefulness of a building, that's going to be obsolete, and we're going to be in square one again, you see? Commissioner Carollo: Well, but right now, Commissioner, I've shown how, for -- Commissioner Reyes: Yes. I agree with you. Commissioner Carollo: -- under $50 million, we could save a lot of money, based on what we're being offered, and at the same time, we're keeping two -and -a -quarter acres of land that's -- according to what they tell me it's worth -- it's some $60 million or more. Now, Commissioner Gort -- and please pay attention to me on this one, because I think you're going to understand where I'm going today. Vice Chair Gort: I am; I'm looking at all the numbers. City of Miami Page 71 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: The same way that you felt that Melreese was negotiated is what I'm seeing that this was negotiated. Commissioner Reyes: Yes, sir. Commissioner Carollo: And frankly, I'd like to hold off on this and put both of those to come back at the same time so we could deal with two very important issues at the same time, because if the negotiations are going to be like this, then I think you all clearly understand where my vote is going to be going. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. First of all, this is not a negotiation. This is simply about the site selection. Second of all, it's always dangerous when you try to spec numbers in the moment to try to create a comparison, because there isn't a depth of analysis, and the Administration can backfill you on that analysis to value -engineer the building. Thirdly, there's a missing component, which is how you pay for that delta, which this is a payment mechanism in addition to the actual cost of the new building. And so, I think here, what we're trying to do is essentially establish this as the site; and then, of course, we'll come back to the Commission with the deal itself, and you can analyze, scrutinize, ask whatever questions you want about the deal, and decide to go forward or not go forward. Commissioner Carollo: Mayor -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- my problem right now is not the site; I'm very happy at this site -- Mayor Suarez: Then what is this about? Commissioner Carollo: -- and for us to construct and refurbish on the site, and keep two and a half extra acres. As far as the extra element you threw into it that this is about that they're financing for us this deal, I could go to a loan shark, and based upon the numbers I got here today, get much, much better rates than what I'm seeing here. And these are the numbers that they gave me. Now, you know, if there are mistakes in numbers, I'll be happy to listen. But you know what? I'm not going to keep this charade going and vote to keep this deal going here when right now, based on what I've gotten, there's no way that I'm going to vote to do anything more here than put a motion to refurbish the building, and to construct a new building there, and to stay in that location, owned by the City; fully owned by the City. Chair Russell: We have a motion and a second to accept the recommendation of the Nexus Riverside site. I have comfort in this item, because we brought in a third party to help negotiate the entire deal, and that was something that the Mayor insisted on very early; that we have an extra set of eyes on this, for a very complicated land deal -- you're right, Commissioner Carollo, this is a -- this is quite complicated -- and to get it right. And on the analysis they've given to me and the numbers that I've studied with this, I'm confident that this is a good deal for us as a City. The voters have felt that this is okay direction for us to go. But following this same vein, and since you brought it up, I would like to see us, if the Melreese item comes back for negotiation, that we bring in a third party eye -- set of eyes, real specialist, real estate attorneys to help us get the best possible deal, and give comfort to the residents that a good deal is being put forward. It's a separate item; I'm just City of Miami Page 72 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 putting it out there. I want it put on the record. So we have this item. Are we ready to vote on this, gentlemen? Vice Chair Gort: Let me ask a question. My understanding is we decided on the location. Chair Russell: Yes. Vice Chair Gort: There's still negotiations to take place. Mayor Suarez: Yes. Chair Russell: Yes. Mayor Suarez: That's right. Vice Chair Gort: The price can change. Mayor Suarez: Absolutely. Chair Russell: Yes. Vice Chair Gort: Okay. Commissioner Reyes: What -- Chair Russell: There's been a -- Commissioner Reyes: -- would you explain that? Just for the site, for the building? Chair Russell: This is accepting the site recommendation. Vice Chair Gort: Accepting the site recommendation, but not the deal itself. Commissioner Reyes: The recommendation of building a new building in the site or to -- accepting Mr. Adler to start his development? Vice Chair Gort: No, no. My understanding is the motion here today is to accept the site to be developed -- Mayor Suarez: That's correct. Vice Chair Gort: -- and the negotiations supposed to be taking place, and it's got to come back to us to be decided. Am I correct? Mayor Suarez: Mr. Chair, that's correct. This is not the lease; that's correct. It's selecting the site. Chair Russell: Site selection. Commissioner Reyes: Selecting the site for the new Administration Building. Mayor Suarez: That's correct. Chair Russell: Correct. Commissioner Reyes: I still have questions about that, so -- City of Miami Page 73 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mayor Suarez: I understand. Commissioner Reyes: -- you see, and I don't think it's a good deal, because even if we refurbish, and if we -- "we," okay? -- if we use the recommendation of Commissioner Carollo, and we are going to save money, because this way, the way that people voted, people, they didn't know that for the next 30 years, they're not going to see a penny; the City is not going to see a penny of the proceeds of the leases that we're going to get, or the deal that we're going to get, for the next 30 years. The next -- hey, I take that business any time. Mayor Suarez: That's not accurate. Commissioner Reyes: For the next 30 years, everything, all the proceeds are going to go to pay for the new Administration Building. And in 30 years from now, we're going to get a building that is going to be, according to our experts, obsolete, because if this, that it has only 20-some years is obsolete, imagine. And that was built without cutting corners, and it is obsolete. Imagine a building that is going to be built for government. Mayor Suarez: I just want to -- Chair Russell: Thank you for the discussion, gentlemen. I wanted to bring it to a close. Commissioner Carollo: One last -- just one last quick question that I have. On the 180 -- well, on the parking spaces, you're going to build 700 there, additional. How many floors are those parking spaces going to be taking up out of the 20? Mr. Rotenberg: Hasn't been designed, but approximately five to six. Commissioner Carollo: Five to six. Approximately how many square feet of office space is going on each floor? Mr. Rotenberg: Hasn't been designed. Commissioner Carollo: Approximately. Well, you have to have some measure. Mr. Rotenberg: I don't have it from them. Commissioner Carollo: They should have some measures. Mr. Rotenberg: They're a different graduated floor plate, sir. Commissioner Carollo: So you have no notion from less to more? I find that difficult to believe. Mr. McShea: Commissioner, it's 287,000 square feet. The building has not yet been designed, but on an average, the floor plate would be 20 to 25,000 square feet for an efficient floor plate. Commissioner Carollo: Okay. And you're taking how many floors for parking again? Mr. McShea: As I said, it hasn't been designed, but five to six, most likely. City of Miami Page 74 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: Five to six. Now, even if you take five and you have 15 left, then you're going to have, at the very least, 300,000 or more square feet, okay? All right. Thank you. Chair Russell: Thank you. Any further discussion? Hearing none, all in favor of the item, say "aye." Vice Chair Gort: Aye. Chair Russell: Aye. Any opposed? Commissioner Carollo: Opposed. Chair Russell: Motion passes. Todd B. Hannon (City Clerk): For the record, I have that passing 4-1. Commissioner Reyes, were you a 'yes" or "no"? Commissioner Reyes: No. Mr. Hannon: Okay. So the motion passes, 3-2, with Commissioner Carollo and Commissioner Reyes voting "no." Chair Russell: Thank you. RE.6 RESOLUTION 5410 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE INTERNATIONAL HUMAN RIGHTS CAMPAIGN ORGANIZED BY ROSA MARIA PAYA ACEVEDO KNOWN AS "NI UNO MAS," TRANSLATED AS "NOT ONE MORE," AND REFERRED TO ON SOCIAL MEDIA AS "#NI1+," ESTABLISHED TO PROMOTE THE DEMOCRATIZATION OF CUBA AND THE END OF THE DICTATORSHIP IN CUBA. ENACTMENT NUMBER: R-19-0047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: While you have the floor, Commissioner Carollo, we'd be glad to take up RE.6. Commissioner Carollo: Thank you. Chair Russell: "Ni uno mas." Commissioner Carollo: Yes. This resolution comes from a very distinguished, courageous young woman. Her father was murdered by the Cuban regime, and she took up his torch, worldwide, speaking on the abuses of the totalitarian regime in Cuba, and speaking for freedom for the Cuban people. She started a campaign, now City of Miami Page 75 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 that the Cuban dictatorship has been empowered for 60 years, of "Not One More Year." And this resolution is having this Commission join that with her, and with many other government, municipalities and freedom -loving people throughout the world. Madam City Attorney, could you read the resolution, please? If not -- the Clerk, if he has it handy -- Victoria Mendez (City Attorney): Thank you. Commissioner Carollo: -- could do it. Mayor Francis Suarez: I have it here. Ms. Mendez: Thank you. Commissioner Reyes: Madam City -- The Resolution was read by title into the public record by the City Attorney. Mayor Suarez: And I would like to co-sponsor that, as well. Commissioner Reyes: I would like to -- (UNINTELLIGIBLE) said, we sponsor it, all Chair Russell: Commissioner Gort, and then Commissioner Reyes, please. Vice Chair Gort: Commissioner Carollo, I'm glad you brought that up, because we're talking about what's taking place in South America, Central America, and where did it all originated [sic] from? Cuba. So let's not forget that. It's been 60 years, and we're talking about all -- everything that's taking place. That -- all that comes out of Cuba, so I appreciate you bringing that up, and it's important that we do not forget that we still got Cuba to deal with. Chair Russell: Thank you, Commissioner. Commissioner Reyes. Commissioner Reyes: Yes, sir. I want to include that to the -- Commissioner Gort's words -- that right now, it is Cuba and the regime of Maduro and Chavez before; they're tied to the hip, the system that it was imposed on them. Venezuela, it is a carbon copy of the system that is imposed -- was imposed on Cuba. And it is a philosophy that the only thing that it brings is misery, death, tears, and hunger. And in my -- well, when we were here yesterday, I expressed my hope that by liberating Venezuela, a great source of income that comes to Cuba in the form of oil that comes every month, about a hundred thousand barrels of oil that goes to maintain the repressive forces of Cuba, it will be cut, and that will create problems and extremely damage the regime in Cuba, and give us hope that the liberation of Venezuela is the beginning of the liberation of Cuba, and that is our hope, too. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: Let me just add a little bit. A lot of people that are new in the City of Miami, and they say, "What is the City of Miami doing in international foreign affairs?" The reason being, I would say maybe about 60 percent of residents within the City of Miami, they came here in exile, and they come from those countries; that's why we get involved into this. Mayor Suarez: Mr. Chair? Chair Russell: Thank you. City of Miami Page 76 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Absolutely. Chair Russell: Thank you. Mr. Mayor. Mayor Suarez: Thank you. I just want to join in support, as I said in my introductory comments, and co-sponsor this resolution as -- I was just going to sort of dovetail off what the Vice Chair said, which is that the reason why the City of Miami takes these positions is not only because our residents care about the positions, but they impact the City of Miami day in and day out, as we saw yesterday, in the protests that were -- and the victory celebrations that were happening throughout the City, and obviously, in other parts of the County. But I know Rosa Maria personally, and she's a dynamic, dynamic leader. To have someone in my generation and in her generation who is pushing freedom and democracy for Cuba is something that is extremely, extremely energizing, and it certainly challenges all of us to look inside of ourselves and find the very best of ourselves to try to continue to promote democracy in Cuba and throughout the world. Commissioner Reyes: Ningun ano mas. Chair Russell: Thank you. Commissioner Carollo, is there a motion on the item? Commissioner Reyes: Ningun ano mas. Commissioner Carollo: There is a motion. Commissioner Reyes: Second. Chair Russell: Moved by Commissioner Carollo; second by Commissioner Reyes. I'd like to open the floor for public comment on RE.6, support for "Ni Uno Mas." Is there anyone here who'd like to speak on this item? Seeing none, I'll close public comment. Is there any further comment from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? The motion passes. Thank you. Commissioner Carollo: Chairman, if I could make one additional statement -- Chair Russell: Of course. Commissioner Carollo: -- on both of these motions? And, in fact, while I know that there are some that will criticize this action that this body took unanimously today, those have never felt the suffering that Venezuelans, Cubans have felt under these narco dictatorships. I will bring you back to May 2014, right in these chambers here. On that day, I was not part of this body. I was given the opportunity as a former Mayor to come and address the body, which I did, and I presented a resolution, which I wrote. And three of the members of this government that were here in the Commission -- Mayor Suarez, Commissioner Gort, and Commissioner Hardemon -- supported it. And I'm not a petty individual when people deserve credit. I talked to Mayor Suarez at the time to present the motion, which he did, and it was a motion that was trend -setting, declaring the owner of Global Vision, Raul Gorrin and others that were part of that group, persona non grata in the City of Miami. We presented at the time tens of millions of dollars that were stolen from the Venezuelan people and laundered here in our own City of Miami and surrounding communities; and in fact, as far as New York, Texas, and other places. That begun City of Miami Page 77 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 [sic] a series of Federal investigations that a few months ago, the first bunch concluded with Mr. Gorrin being indicted by our Federal Government. And in fact, while he's a fleeing felon that could only be in very few countries outside of Venezuela, without being taken to justice here, the former National Treasurer for Chavez when he was in Venezuela made declarations that Gorrin had given him over a billion dollars so that he could approve illegal money exchanges at huge preferential rates from the Venezuelan currency to US (United States) dollars. Now, imagine when an individual has over a billion dollars to bribe the National Treasurer of a country how much he must have made. And he did make additional billions of dollars. And that money that's been stolen from the Venezuelan people, multiplied by hundreds of billions through the last 20 years is what brought Venezuela to the situation that it has today. And one of my biggest fears is, is that that kind of money that history has never seen in such a short time is now with others from that regime, being laundered in huge amounts in our own City, in our own County, and they're planting the seeds of corruption in our community like it's never been seen before if we don't take action and let it go. So this is why it's important that this body takes positions like the one we took on May 2014, and the ones that we've taken today. Justice in our country might be slow, but when it arrives, it's devastating, like these people have found out. Chair Russell: Thank you, Commissioner Carollo. RE.7 RESOLUTION 5411 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION JOINING THE ORGANIZATION OF AMERICAN STATES, THE EUROPEAN UNION, AND THE "GRUPO DE LIMA," IN THEIR RECOGNITION OF THE CONSTITUTIONAL AUTHORITY OF THE NATIONAL ASSEMBLY AND THE NON -RECOGNITION OF THE NICOLAS MADURO NARCO-DICTATORSHIP THAT COMMENCED ON JANUARY 10, 2019; FURTHER EXPRESSING SOLIDARITY WITH THE VENEZUELAN PEOPLE AND CALLING FOR THE RE- ESTABLISHMENT OF DEMOCRACY IN VENEZUELA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0048 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.7, please see "Order of the Day." Chair Russell: I'd like to take this time to recognize our Mayor and any comments he'd like to address the City Commission. Mayor Francis Suarez: Thank you, Mr. Chairman. I do also like the playlist selection, but I would agree that we should all put one in, I think, once a meeting. I want to begin by presenting a pocket resolution to all the Commissioners and to the Commission. This resolution recognizes officially the government of Juan Guaido. Ensuring the people of Venezuela live in freedom directly depends on those that City of Miami Page 78 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 assume power in that country. That is why I'm introducing a pocket resolution reaffirming that we recognize Juan Guaido as the legitimate President of Venezuela. Let's be clear, Nicolas Maduro is not a legitimate leader. His position is not constitutionally valid, and therefore, holds no authority over Venezuela or the relationships between Venezuela and any other country, including the United States. Maduro has resorted to the all -too -familiar tactics of violence and intimidation against anyone who dares to oppose him, and the day has come for that to end. Today is a day for democracy and constitutional adherence. Today is the day we, as a city, should band together and recognize Juan Guaido as President. By supporting this item, we send a strong message that we stand with the people of Venezuela and align in their fight for freedom. The Venezuelan people deserve this, and the time has come for significant change to happen, and can inspire a new era of democracy and liberty in Venezuela. I want to thank the Miami City Commission for promoting our City's values, along with the principles of democracy, compassion, and equality that lie at the core of our character. I also want to express my support for RE.6 and RE.7. As a City that prides itself on human rights equality, as well as a Mayor who is a son of Cuban immigrants, these Resolutions RE.6 and RE.7 hit close to home. By passing RE.6 and RE.7, we will send a strong message that the City of Miami stands with our rich Cuban and Venezuelan communities, and the people of Cuba and Venezuela who seek to end an era of dictatorship so that they can live in freedom and democracy, as they deserve. These organizations play a key role in advocating for the democratization of Cuba and Venezuela. It is our duty as elected officials to stand for these values of democracy, especially in a community whose identity has been shaped by the hopes and dreams of Cuban and Venezuelan immigrants. Our City has served as a beacon of hope for multiple generations of immigrants seeking a better life. By passing this resolution, we can ampler our voice to promote freedom and fundamental rights in these countries, and beyond. In this spirit, just today, Senator Rubio, who I met with in Washington, D.C. (District of Columbia) this week, announced he will work on getting congressional support for a humanitarian aid plan, so we can provide much -needed food and medicine to those suffering in Venezuela. I want to especially thank Commissioner Carollo and Commissioner Reyes for bringing these resolutions forward, and standing for our Cuban and Venezuelan communities, and for being here yesterday, and opening our doors to the Venezuelan community as these events were unfolding. PH.4 is another issue that is near and dear to my heart, because it creates equity and it promotes our mission to create a pathway to prosperity for all. For that reason, I am proud to introduce the Child Savings Accounts Program, and an initial $120,000 investment to drive this crucial program forward. In addition, by passing this resolution, we will secure seed funding of a $50 deposit towards each Child Savings Account for incoming kindergarteners in the City of Miami. This is pivotal for our children's future. These investments will go a long way in providing our youth with the gift of an education, and the promise of a brighter future. I am proud that the City of Miami is the leading city in Florida on this initiative, and that we are providing the framework for this to happen countywide. Thank you to Superintendent Alberto Carvalho for being here later today in support of this invaluable initiative. PH.3, the Miami Bayside Foundation Scholarship Fund: Consistent with its vision to create a pathway to prosperity for future generations, I am proud to support PH.3 and the Miami Bayside Foundation. The Miami Bayside Foundation has always demonstrated a commitment to seeing our children succeed. Through this scholarship program, we can ensure that we fuel this organization's efforts to continue to be a leader for the future of our youth, and that everyone gets a fair shot to achieve personal and professional growth in the City of Miami. I am grateful to Vice Chairman Gort for sponsoring this resolution, and for serving as a leading voice to create opportunities for our residents. RE.5: Accepting City Manager's recommendation; adopting the recommendation by CBRE to select Nexus Riverside site as the new Administration Building. Today we have an opportunity to move forward on a project that saw overwhelming support by our residents. By passing City of Miami Page 79 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 RE.5, we move a step closer towards having a new City Administration Building. As part of the deal approved by the residents to lease land to a developer for this new facility, this project is a win -win for our City and our residents, and they have made their voices heard. More than 64 percent of those voters supported this measure, and I am excited that the day has come to pass this resolution and progress towards carrying out the desire of our residents. Finally, PZ.15 and 18 -- through 18: Changes of land use rezoning in Liberty Square. Affordable housing has proven to be a vital issue in our City, and one that, when properly executed, can play a vital role in enhancing our residents' quality of life. Liberty Square is a neighborhood that has, unfortunately, seen a great share of violence. We must not forget those who have lost their lives in these violent incidents; especially our children, who, just last year, were gunned down. We had two incidents in a one -week period; two teenage boys who were shot -- actually, four that were shot, two were killed; and one in particular, a child, a four -year -old, Nyla Jones, who lost her life the next week. One life lost is too many. For that reason, we have taken proactive steps to reduce violence, which has dramatically decreased our crime rate, including in neighborhoods like Liberty Square. As we work to rectify these challenges, we understand that other issues remain, including those who fear displacement. We hear you, and are conscious of that. That is why we are committed to supporting anything that can benefit our neighborhoods. I believe these projects have the potential to have a positive impact on Liberty Square, and can serve as a welcome addition to our efforts to increase the quality of life for every resident in the City of Miami. Thank you, Mr. Chairman, and with that, I'd ask respectfully that my pocket item and I believe RE.7 can be taken up at this time together, within the public comment. Chair Russell: Thank you, Mr. Mayor. Commissioner Reyes: Yes, sir. Chair Russell: Thank you, Mr. Mayor, and good morning. By -- barring any objection from this body, we'll be looking -- taking up your resolution regarding Venezuela. Is there a motion on the floor? Commissioner Carollo: If I may, Chairman? Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: What resolution? Chair Russell: Do we have a copy of the pocket item, please -- Mayor Suarez: Yeah. Chair Russell: -- for Commissioner Carollo? I'll give you mine. Commissioner Carollo: Okay. Thank you. Chair Russell: And it was recommended, of course, that you're -- if you're interested, Commissioner Carollo, to take up RE.6 and 7 right after this, as they are directly or indirectly related. Commissioner Reyes: We are -- on RE.7 and RE.6, we -- I would like to be a co- sponsor. And yesterday, when we were meeting here with a group of Venezuelans, we informed them that Commissioner Gort, myself are going -- co-sponsor this resolution, also. City of Miami Page 80 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Glad to. Mayor Suarez: Mr. Chair, if I may? Commissioner Reyes: Okay. Mayor Suarez: Thank you. I think that's a won -- Commissioner Reyes: And can we join both of them? Mayor Suarez: Absolutely. Commissioner Reyes: Can we join both resolutions, so we all can co-sponsor both? Mayor Suarez: Absolutely, yes. Commissioner Carollo: What is the major difference, Mr. Mayor, on the resolution that you're presenting and the resolution that we've had placed on the agenda since the -- Monday of last week? Mayor Suarez: Well, the major difference is that yesterday, the President -- the only legitimate President, Juan Guaido proclaimed himself as President; and therefore, I want to join the 13 other countries -- including the United States, 14 countries -- and probably many more that will join thereafter. Commissioner Carollo: About 50, by the way. Mayor Suarez: Now it's 50? Commissioner Carollo: Since yesterday. Mayor Suarez: Fantastic. The 50 countries that have joined in declaring his tenure as the only legitimate President of Venezuela. Commissioner Carollo: Okay. Well, so that you would know, the resolution that we had in essence did state that, if you would read it carefully, without having mentioned his name; mentioning the National Assembly. We did, but I don't know if the City Attorney passed it out yesterday, included up front his name in the resolution. So, in fact, we have one and the same resolution, so I'm glad that you're joining the resolution that we placed since the Monday of last week. And what I would provide -- a motion is that these two resolutions would be enjoined as one -- Commissioner Reyes: I second it. Commissioner Carollo: -- and that it be approved at this point in time; and then right after, I'd like to take the other one that -- if I may call her another freedom -- Chair Russell: RE. 6. Commissioner Carollo: -- resolution. Mayor Suarez: I agree. Commissioner Carollo: So I -- Chair Russell: There's been a motion by Commissioner Carollo -- City of Miami Page 81 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: I second. Chair Russell: -- seconded by Commissioner Reyes to put the pocket item and enjoin it with RE. 7. Mayor Suarez: And I think there's additional co-sponsors, as well. Commissioner Reyes: That's right. Chair Russell: And anyone who'd like to co-sponsor the joint resolution, please let it be known. How many co-sponsors do we have? Commissioner Reyes: I want to co-sponsor. Chair Russell: Co-sponsor, co-sponsor. I'll -- glad to co-sponsor; Commissioner Gort. Vice Chair Gort: We will, too. Commissioner Carollo: It's unanimous. Chair Russell: Unanimous co-sponsorship of the joint resolution. I'd like to open up the floor for public comment on this issue. Anyone who'd like to speak on this, if they have not seen the pocket resolution, are welcome to see it. The other, RE.7, is on our agenda. Is there anyone here who would like to speak on this issue? Feel free to state your name; if you'd like, where you're from, and you have two minutes, please. Amicar Fuentes: Amicar Fuentes; address is 79 Southwest 12th Street, Apartment 4006, Miami, Florida, in behalf of Venezuela. Thank you. I'm very excited. In behalf of all the Venezuelans, I would like to say thank you, because this is a great day for our country, for freedom, and for the people of Venezuela, Cuba, and all Latin America. Thank you. Commissioner Reyes: Thanks to you, sir. Thank you. Chair Russell: Thank you very much. Applause. Chair Russell: Is there anyone else who would like to speak on the joint resolution? Hearing none, I'll close public comment on the item. Is there any further comment from the dais? I'd just like to say I -- it is a very emotional thing to see someone -- even if you're not Venezuelan -- to understand what's happening in our world right now. This is a beautiful transition. As I said earlier today, I think Martin Luther King would be proud. As peaceful as this transition can happen is what we pray for and hope for, and I thank you all for your involvement yesterday and the resolutions today. Hearing no further comment from the dais, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Carollo: Mr. Chairman, can I -- Todd B. Hannon (City Clerk): As amended. Applause. City of Miami Page 82 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: -- can I -- Chair Russell: As amended. Commissioner Carollo: -- make a quick statement on the motion? Chair Russell: Of course, Commissioner. Commissioner Carollo: Today the City of Miami came forward in becoming the first American municipality in the US (United States) to approve such a motion. And, you know, in our capital today, in our country, there are not too many issues that we, as Americans and different parties seem to come and agree to. Thank God that Venezuela is one issue that's bipartisan, that both sides of the aisle and everything in between is in agreement with, from one of the top Democratic Party senators, like Bob Menendez, from New Jersey to our own Marco Rubio, Senator Scott, and many other fine Democrats and Republicans across the country. This that is happening, it seems that we've been thrown so much side distraction so that we'd lose track of what is really happening in our own hemisphere, in our back yard. The Venezuelan crisis has become greater, much greater than the Syrian crisis that not that long ago was what so many people were concerned about. You actually have more Venezuelans now that are fleeing Venezuela than you had during the whole Syrian crisis. You have millions of kids, mothers, senior citizens, everything in between leaving that country, because it's a living hell. And this is what these kind of regimes bring. They're not Robin Hood. They're regimes of thugs, narco regimes that live off of that, just like Cuba lived off of drugs for so many years, and still does to this day. Venezuela has become the main exporter of cocaine to Europe. About 80 percent of the cocaine that is sent to Europe goes through Venezuela. And, in fact, the majority of the cocaine that comes through our southern border and in other ways to our own country originates from Venezuela, after some of the guerilla groups, like the FARC (The Rebels of the Revolutionary Armed Forces of Colombia), the ELN (Ejerito de Liberacion Nacional) send it over there. The military transports it to Honduras, and from Honduras, it goes down the path to reach Mexico, and get over to our border. It is not just a huge humanitarian crisis, but it's also a national security issue to America. And this is why you've seen the vast majority of the countries in our hemisphere join the European Union, join our own country -- over 50 countries in the world today -- major countries that are acknowledging that the interim President is the head of their National Assembly, Juan Guaido, and not a narco dictator that has never won an election, is only there because of fraud and the Cuban military that's providing the brutal force that he needs to stay in power. So I thank my colleagues, I thank the Mayor for all joining together in this resolution, and I hope that many of our other municipal governments throughout the US joins in this today. Chair Russell: Thank you, Commissioner. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Yes, Mr. Mayor. Mayor Suarez: I just want to read something that was just given to me from the Office of Foreign Missions of State Department, regarding the Venezuelan Consulate in Miami. The interim President has requested that the US keep diplomatic ties. The State Department is keeping diplomatic ties at the request of the interim President. Maduro claims to want to break diplomatic ties, and the State Department is ignoring that request, and not removing any diplomats. The Venezuelan Consulate in Miami represents that of the interim President of Venezuela. Any request is to be City of Miami Page 83 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 treated normally. The State Department has not declared any Venezuelan diplomat as persona non grata at this time. Chair Russell: Thank you for clarifying. I lived there nearly 30 years ago in Caracas, and "Me hace falta mucho." But now I can be hopeful for the future, and I'm really -- it is emotional. It's very exciting. END OF RESOLUTIONS City of Miami Page 84 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 AC.1 5405 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 24, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE 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. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.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, WHICH INCLUDE CHAIRMAN KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, 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 PZREOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Russell: We are going upstairs for a shade meeting. We are going to reconvene at 2:30. In the meantime, before I recess, the City Attorney has a statement to read. Victoria Mendez (City Attorney): Thank you, Chairman. On January 11, 2019, under the provisions of Section 286.011(8) Florida Statutes, I requested that the City Commission meet in private to discuss pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corp. 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, to which the City is presently a party. The subject of the meeting will be confined to settlement City of Miami Page 85 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 negotiations and strategy sessions related to litigation expenditures. The City Commission approved my request, and now, at approximately 11:38 a.m., commence a private attorney -client session under the parameters of Section 286.011(8) Florida Statutes. The private attorney -client session will conclude approximately in one hour. The session will be attended by members of the City Commission, which include Chairman Ken Russell, Vice Chairman Wifredo Gort, and Commissioners Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager Emilio Gonzalez; Gonzalo Dorta, Esquire, Mattias Dorta, Esquire, Laura Bezvinick, Esquire, and Julie Nevins, Esquire. A certified court reporter will be present to ensure that this 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 will announce the termination of the attorney -client session. Thank you. Chair Russell: Thank you, Madam City Attorney. We are in recess until 2:30. Later... Chair Russell: And we're back, announcing the termination of the attorney -client session, and recess the meeting until lunch is over at 2:30. Thank you. END OF ATTORNEY CLIENT SESSION City of Miami Page 86 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 BU.1 4959 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Russell: So here's how we're going to finish the morning, gentlemen: We're going to do BU.1. Vice Chair Gort: I got to get out of here by 12. Chair Russell: Yes. And then we have a shade meeting, which we're going to take up. We will be done before 12. Lunch will be from 12 until 2. We'll reconvene and we'll take up the PZ (Planning and Zoning) agenda. Vice Chair Gort: How about 2:30? Commissioner Carollo: 2:30, yeah. Chair Russell: All right. Commissioner Carollo: 2:30. Chair Russell: I'm trying to set a record. Vice Chair Gort: I might not be able to be -- come back. Chair Russell: That's absolutely fine. So let's just take BU.1 right now from Chris. Are you available, Mr. Rose? No. All right. We are going to go straight into our shade -- tic-toc; we got lawyers on the -- Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management and Budget. Thank you for taking up BU.1 this morning. The report will go out later this afternoon. We are looking at a deficit in the current year budget, all due to the labor negotiation agreements that we've had. This is what I've been telling you several times. So at the very next meeting, we will bring a budget amendment for labor, only, and it should set everything in the right order. We are finding that our projections were spot on in most cases, as we went through those labor negotiations. Excuse me. I ran to get here. One thing I want to note is that park impact fees are coming in lower than last year, so it is one of those things that I'm just watching as we go. We will address that in the true midyear that will come in April. Other than that, we have already started the next year's budget process, City of Miami Page 87 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 and last year's projections still remain about where they were last time I was before you. I'd be happy to take any questions. Chair Russell: Any questions for Mr. Rose? Hearing none, gentlemen, we have a 2:30 time certain with Liberty Square. I was hoping to knock out public comment in a few of the items before that. Is 2 o'clock workable? Commissioner Reyes: Can I ask -- Chair Russell: You have a budget question? Commissioner Reyes: -- the Budget Director --? Yes. Let me ask you something. Mr. Rose: Yes, sir. Commissioner Reyes: Every time that we grant, you see, I mean, additional density and a change for inclusionary apartments of housing, do we also waive fees? Mr. Rose: There are specific instances where impact fees are waived. Commissioner Reyes: That we also -- are we waiving impact fees from park impact fees, also? Mr. Rose: Yes, yes. It would be associated with -- Commissioner Reyes: Oh. So there is a relationship between that. So the benefit that we are giving in exchange for inclusionary apartments, it goes beyond our request to have real apartments that are -- and it's also hurting us. Mr. Rose: I mean, let me finish the sentence I was saying, which is affordable housing is the main reason that we would waive park impact fees. I think there are other instances, but off the top of my head, I don't recall any. So it is only -- so a normal -- Commissioner Reyes: Why -- Mr. Rose: -- a development that is by either right or warrant raising their up -zoning Commissioner Reyes: -- why are we --? Mr. Rose: -- would not normally -- Commissioner Reyes: But that is why -- Mr. Rose: -- waive the park impact fees. Commissioner Reyes: -- one way of waiving of impact fees. Do we waive impact fees because of other reasons? Mr. Rose: Could you ask me the question one more time, Commissioner? Commissioner Reyes: Could we waive also impact fees to promote development, or to do anything, and, I mean, in other projects? Mr. Rose: The will of the Commission, if you want to take less revenues and -- City of Miami Page 88 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: No, no, no, I don't want to take less revenues. I'm asking you if there is other waivers, impact fee waivers. Mr. Rose: I'm going to have to call on my other experts -- Chair Russell: Commissioner, we're getting a little off track from the actual budget item. Commissioner Reyes: No, but -- no -- Chair Russell: This is getting more into a Planning & Zoning and affordable housing and parks discussion. Commissioner Reyes: -- with all due respect, sir -- Chair Russell: -- (UNINTELLIGIBLE). Commissioner Reyes: -- with all due respect, sir, this is a budget issue, because it's revenues that we are not receiving. It is a budget issue, and I want to know the -- what fees that we are waiving, okay? Vice Chair Gort: It's a simple question. Francisco Garcia: Commissioners, Francisco Garcia, Planning Director. In an attempt to answer Commissioner Reyes' question as directly as I can -- and maybe there will be a follow up -- two things to note. Typically, impact fees are deferred, not waived, and they are deferred for purposes specifically set forth in our Code, pursuant to your recommendations and decisions. And one good example is affordable housing, et cetera, as you may know. There are cases where impact fees are waived. They are rare cases, and whenever that happens, it has -- we have to receive a very thoroughly documented proposal from a developer that they are going to furnish the City improvements that would be comparable to that which the City would have done through the Impact Fee Program. But for that, they don't get waived; it's a very rare occurrence. Chair Russell: Deferred, not waived. Thank you. Commissioner Reyes: That's the only thing that I wanted to know. Mr. Garcia: Thank you. Victoria Mendez (City Attorney): Right, but for purposes -- I just want to be clear, because for purposes of your question, they're deferred for 30 years, so the money is not in the pot that you're asking about. So I just -- Commissioner Reyes: Right, but that also is reflected in the decrease of impact fees. Commissioner Carollo: And what that tells me is we're basically going to get no more impact fees, because we're going to be getting the same song and hat dance; that everybody is creating workforce housing, affordable housing that are not workforce, are not affordable, and nobody supervises to make sure it's happening -- Commissioner Reyes: That's right. Commissioner Carollo: -- and at what prices they're charging. So it's another giveaway to developers and their consultants in Miami. City of Miami Page 89 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Rose: If I may? Commissioner Carollo: And the people that need the parks or need the true affordable and workforce housing, they get screwed again. Chair Russell: Mr. Rose, if a rebuttal is necessary, please. Mr. Rose: I would just say this: I'm raising the issue that park impact fees in particular are very volatile. They were about 600,000 in the first quarter of last fiscal year. They're about 250,000 in the first quarter of this fiscal year. They are traditionally low in the first quarter, but they are lower than they had been, and that's my only point. It doesn't mean they won't be coming in, Commissioner. It just means that that is a -- two points that I can put in front of you and tell you they're low so far this year. Commissioner Reyes: Just to finalize this, just an economic question: In 30 years from now, are we going to charge the future value of this money, or we're going to do the present value of the money, which is going to be worth much less than -- 30 years from now than what it's worth now? Mr. Rose: While my business is predicting the future, I will not predict 30 years out. Commissioner Reyes: No, no, no. You know that 30 years from now, money that -- I mean, that payment, it is worth much, much less in real money, in real terms, than what it is now. Mr. Rose: I agree. Commissioner Reyes: Okay. Chair Russell: Thank you very much. Any further questions for our Budget Director? END OF BUDGET City of Miami Page 90 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 5182 Office of the City Attorney DISCUSSION ITEM REGARDING A NOTICE TO THE CITY COMMISSION THAT AN AFFIDAVIT OR CERTIFICATE WILL BE FILED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA REGARDING A DECLARATION OF RESTRICTIONS FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, COMMONLY REFERRED TO AS "BABYLON APARTMENTS." MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Notes for the Record: Item DL1 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item DL1, please see "Public Comment Period for Regular Item(s)." Chair Russell: Normally, I would not like to interrupt public comment, but let's just take care of this business at this point. It was deferred from the last meeting, because I recognized the lack of notice in the title. The name of the project -- and I assume you're referring to the Babylon Project -- in DI.1 for today. The name was not mentioned, and the address was not even mentioned in the previous item, which really did not let the public know what was going on. We made sure it was re - noticed, with all of that information in place for today. But I understand the confusion, and I understand now that there's a mistake on the link. I would welcome a motion from one of my colleagues to defer this item to February 28. Can I get a motion? I'll pass the -- Commissioner Reyes: Move it. Chair Russell: Thank you, Commissioner Reyes. Mr. Leal: Thank you. Chair Russell: It's been moved to defer DI.1 to February 28; seconded by the Chair. Any discussion on the item? Any comment from the public on the deferral? Vice Chair Gort: Let me -- on the deferral? Chair Russell: Just a moment. This is specifically for this item. Melissa Tapanes-Llahues: Thank you. Vice Chair Gort: Let me ask a question. City of Miami Page 91 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Tapanes-Llahues: I have one comment. Vice Chair Gort: My understanding, this is a discussion item. There's no action to be taken. Chair Russell: Correct. Vice Chair Gort: Okay. Chair Russell: Just on the deferral of the item, do you have -- not on the substance of the discussion item or the letter, or anything else like that. Ms. Tapanes-Llahues: Good afternoon. Melissa Tapanes, representing the subject property owner. If the issue is information to the public, this discussion item will bring that information to light, so for that reason, I think that this item should move forward on discussion, so this is an opportunity for the public to become fully aware of the issues, and all parties are here, so we can have that discussion, as scheduled. As you know, this matter has been deferred twice already, and I think that it is appropriate to move forward on discussion. There is no actual action that will be taking place by the City Commission today. And if the issue is to inform the public, that should be done in an open forum as part of this discussion item. So I would ask for the Commission to reconsider the deferral of this discussion item. Thank you. Chair Russell: Thank you very much. Anyone else like to comment specifically on the deferral of this item? Did you --? Okay. Commissioner Reyes: For purposes -- this is only a discussion item? Chair Russell: Yes, and I'll -- if I can, I'll tell you why there's a reason for -- even though there's no specific action from this dais on a discussion item, this discussion will trigger the letter from the City Attorney acknowledging the letter from the Zoning Administrator, which could have implications for the property, which the res -- of which the residents have concerns, and they have not had yet the ability, from what I understand, to understand what those repercussions are, and what that chain of events would be, and what the effect would be. And so, they would simply like to defer this. You don't need to comment any further, but I'm understanding of this. I've studied it. I understand the confusion around it; and so, I'm welcome to defer this item. I appreciate the motion; there is a second. Is there any comment from the dais on the deferral? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's February 28, please. I apologize. I'll try to not do that again. I'd like to just get through public comment without a lot of business. Vice Chair Gort: I want to make sure they get together and they get all the information, because the biggest problem we have, sometimes, there's no true knowledge of what the thing is, so I think it's very important to get together and find out. Chair Russell: Yeah. Commissioner Reyes: Yes. I agree. I think the more information that we can get on any item, the more information -- Chair Russell: Yeah. City of Miami Page 92 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: -- the clearer it is for the residents and for the citizens of Miami. Chair Russell: Yeah. Eddy Leal: Commissioner, you've always been an advocate for that, and we appreciate that. Commissioner Reyes: Sure. Chair Russell: Noti -- Mr. Leal: Thank you. Chair Russell: -- transparency and notification is very important. So thank you, and I apologize that we're delaying this now a second time, but it's all in the spirit of clarity and that -- make sure that the public knows what we're dealing with. END OF DISCUSSION ITEM City of Miami Page 93 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ ORDER OF THE DAY Chair Russell: Good afternoon, everybody, and welcome back to our Planning & Zoning Commission meeting. My name is Ken Russell. I'm your Chairman. While we're waiting for quorum -- we need three of us up here to conduct business -- I'll just walk you through a little bit of the lay of the land for the afternoon. We have three time certain items that we are meant to take up specifically, right now: The Liberty City -- Liberty Square items, which are PZs.15 through 18 are for 2:30. 4 p.m., we have an item with the School Board with regard to Savings Accounts for Students. And then at 5 p.m., we have the Neighborhood Conservation District amendments to the Code. We have several other items we'd like to get to. Of course, we're going to stick to our time certain items. I was going to just try to do a little bit of housekeeping beforehand, and we do have quorum at this point. PZs.1 through 6 are simply a rehearing of six items that were already heard, on second hearing, but we have to hear them again for reasons of notice and notification. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Yes. So -- but I think this will be rather quick and innocuous. I do need to open up for public comment for that, if I'm not mistaken. Todd, so at this point, I'll let you give the rules on public comment, and I'll open it up for public comment just on PZ.1 through 6, and then we'll take a quick vote on those six items. Todd B. Hannon (City Clerk): And Chair, Madam City Attorney needs to read a statement into the record; then I need to swear in whoever will be speaking on 1 through 6. Ms. Mendez: Thank you. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute 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 when the public may have the opportunity to address the City Commission during the public comment period or at any other designated time. When addressing the City Commission, the member of the public must 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 briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they have. All persons testing must be sworn in. The City of Miami requires that any person 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 City of Miami Page 94 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 at least seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on items and only on Items PZ.1, 2, 3, 4, 5, and 6, may I please have you stand and raise your right hand? Seeing no one here -- Chair Russell: We have one. Mr. Hannon: Oh, one. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. So here's how we'll do the run of the afternoon: These items we'll take up, and these items only, at this point. Then we'll go into -- just check the order of the day to see what items will be deferred or continued, or withdrawn. Then we will take up the County's application for rezoning of the Liberty Square properties, which is PZs.15 through 18. If you're here to speak on any of the other time certain items -- there's a 4 p.m. item regarding the School Board, and there's a 5 p.m. item regarding the Neighborhood Conservation District - - please plan to speak at that time. At those time certain times, we'll open the mike back up. If you're here for any one of the other items, I ask for your indulgence and patience, and we'll get to public comment on all of them. Later... Chair Russell: Mr. Director, are there any items to defer or withdraw on the PZ (Planning & Zoning) agenda, please? Francisco Garcia (Director, Planning): There are, sir, and they are as follows: We are proposing that the following items be deferred: Item PZ. 7, where the City is the applicant, we are proposing that that item be indefinitely deferred. Item PZ.8, where the applicant is also the City of Miami's Administration, we are proposing that that item be deferred to April 25, the Planning & Zoning meeting of the month of April. Briefly, to explain, by that time, we expect to have received the FIU (Florida International University) report that we are waiting for, which will come in in late February; and we will also have held a workshop to, once and for all, hopefully, sort out the AMI (area median income) issue that I know is of concern to the Commission. So April 25 is a feasible date to rehear this item. And lastly, I have been told that an agreement has been reached to continue Item PZ.10 to February 28; there, the applicant is Mr. Miguel Diaz de la Portilla. Chair Russell: 2/28, PZ.10. All right. So that's -- Commissioner Hardemon: So moved as put on the record. Chair Russell: -- PZ. 7, 8, and 10. It's been moved. Is there a second? Commissioner Reyes: Second. Chair Russell: Sorry, I didn't hear you. Thank you, Commissioner Reyes. Is there anyone who'd like to comment on the deferral of those items very briefly; just on -- not on the substance, but on the deferral of those items? Closing public comment on those items. Any comments from the dais? All in favor, say "aye." City of Miami Page 95 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 The Commission (Collecti>>ely): Aye. Chair Russell: Any opposed? Motion passes. Thank you. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE Second Reading 4664 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP, INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS, LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC, TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY") REGARDING THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE PURPOSE OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE MDDRS SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED WITH THE INTENTION THAT FLAGLER WILL ENTER INTO A NEW DEVELOPMENT AGREEMENT WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN NATURE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13802 City of Miami Page 96 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For additional minutes referencing Item P1l, please see "PZ Order of the Day." Chair Russell: For this moment, please, anyone who would like to speak on Item PZ.1 through 6 -- I believe we have one person who would like to speak on PZ.1 through 6. Edward Martos: (UNINTELLIGIBLE). Chair Russell: Oh, no comment. Thank you very much. Good presentation. Well done. That's how we like it. So I believe we need the City Attorney to read each of those titles into the record, PZs.1 through 6, please. Feel free to do all six of them. Victoria Mendez (City Attorney): Thank you. The Ordinance PZ.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Mr. Chairman, just to be sure and clear that all the record that was placed on the record before in the last reading, all those items, discussions, recordings, all that is part of the record herein for this vote. Thank you. Chair Russell: It is. Thank you very much. For the record, Barnaby reads it faster, way faster. I'm going to take all these items in one vote if that's okay with the board. Is there a motion to approve PZs.1 through 6? Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. Commissioner Hardemon: I have a few questions before we -- City of Miami Page 97 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Would you like to separate them? Commissioner Hardemon: Not necessarily. I -- just some questions I want to address first. Chair Russell: Go ahead. Commissioner Hardemon: So the first thing, on PZ. 1 and PZ.2, Madam City Attorney, I know we use the language, "substantially in the attached form"; meaning where we have -- this applicant is a part of an SAP (Special Area Plan) today. They want to separate themselves from that SAP, for whatever reason that we're now going to move on and discuss. However, the language, "substantially in the attached form," a different SAP -- or different development agreement is what kind of bothers me a little bit. I have all the faith that these development agreements will be the same; not necessarily substantially in the same form. There could be differences that can be -- you can if you wanted to stand there -- there can be differences that can be some that are noteworthy. It may not be substantially different, but still noteworthy. And so, what I'm looking for is better language that will guarantee us that this is basically the same development agreement that we've had, and we're just having a separate agreement for that person. So is there any language that you could use or that you could discover that would be more suitable for -- a little bit stricter than "substantially," in the same fashion or so? Yes, sir. Neisen Kasdin: Thank you, Mr. Chair --and Commissioner. Commissioner Hardemon: Thank you. Mr. Kasdin: Neisen Kasdin, representing Miami Design District Associates and Flagler Holdings. They are virtually identical agreements. All that we are doing is splitting them into two agreements, in respect to the fact that they're different ownership groups. So there's nothing new; no new concepts introduced. Commissioner Hardemon: No new -- nothing new. Once we pass this today, there's no new language that will be introduced, because you weren't finished negotiating the terms, et cetera? Mr. Kasdin: No. In fact, I think, as we're sitting here today, they were signed by all parties, and, you know, the only reason it's back here today is because of apparently, the advertising glitch. Commissioner Hardemon: Okay. Mr. Kasdin: So it's -- but it's -- no. This is same thing; just being split into two different agreements. Commissioner Hardemon: Okay, great. Thank you so much, sir. Mr. Kasdin: Thank you. Commissioner Hardemon: And then on -- Mr. Chairman, on PZ.3 -- Chair Russell: Yes, sir. Commissioner Hardemon: -- 201 Northwest 21st Street, I was doing some research. It says that there were two building -- there were two separate buildings in that space. And I'm assuming -- well, I don't want to make any assumptions about it. City of Miami Page 98 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Can anyone explain the two different buildings that were actually built on that property? Because I know it is just -- that building is just east of what is a residential complex. And so, my worry about that is whether or not that there is sufficient buffering between the residences and this now commercial building that's going -- or this commercial zoning designation. Is the applicant here for PZ.3 and 4? Is the applicant here for PZ.3 and 4? Mr. Martos: Yes. Commissioner Hardemon: Yes? Okay. Mr. Martos: Aren't you glad I was sworn in? Edward Martos, offices at 2525 Ponce de Leon Boulevard, here on behalf of the applicant for PZ.3 and 4. Commissioner, I'm not sure what two buildings you're referring to. There's only one on the site. Commissioner Hardemon: Right. So if you go to -- if you will indulge me -- Mr. Martos: Sure. Commissioner Hardemon: When you go to that site -- Mr. Martos: Okay. go to Miami -Dade Property Appraiser's website. Commissioner Hardemon: -- you enter in the address, 201 Northwest 21st Street. When you enter that address in -- Mr. Martos: Working on it. Commissioner Hardemon: -- it gives us your site location, which appears from the bird's eye view to be -- maybe that's one -- it looks like one building, but to the very east of it, it could be another building that goes from north -- it's like a long building -- from north to south. Mr. Martos: If I -- Commissioner, if I may approach? Commissioner Hardemon: Please. Mr. Martos: I've got a blowup. Commissioner Hardemon: And I know that here, it describes that there are two separate buildings; one that was built in 1941, and one that was built in 1951. Mr. Martos: Right. This is the aerial that we have. Commissioner Hardemon: Right. It's the same thing. Mr. Martos: That same building in white is this gray building here. Commissioner Hardemon: And what is this? What is -- is this a separate building, or is that one space? Mr. Martos: That's not a separate building; that's all one. That's all one space. And what we've done -- and I have another map if you want to see it -- is basically just extend the T-5 designation that was abutting the roadway -- Commissioner Hardemon: Right. City of Miami Page 99 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Martos: -- westward. Commissioner Hardemon: Okay. Mr. Martos: Okay? Now, that designation, by the way, cusps right in the middle of the building. Commissioner Hardemon: In the middle of the building. And this is part of what I want to have an understanding of and you can lower the demonstrative. I was trying to have a better understanding of two things: One, how staff came up with that -- making it all one designation, allow for an appropriate buffering between what's just west of it, which is housing that is in the Overtown community. And then, I want to just be assured -- I can see from the bird's eye view that it appears to be one structure, but that -- I know the Property Appraiser's website lists that there are two structures that are there. And so, kind of -- what happened there? Because what I don't want is someone who purchased this property some time ago, whenever it was purchased, to have made changes, and then now we're making a zoning appropriation that intrudes into the residential area versus keeping itself along the straight lines that you already have. Francisco Garcia: So the -- thank you, Commissioner Hardemon. Francisco Garcia, Planning Director for the record. The first thing I will clarify is that our records indicate, as the applicant stated, that there is only one building on the subject property. And to clam that building is indicated as having been built on 1941. Commissioner Hardemon: Right. Do you have the square footage of 20,000 square feet; 20,824 square feet? Mr. Garcia: I have 26,764 square feet. Commissioner Hardemon: All right. So what I see on the building information on the Miami -Dade Property Appraiser's website is that there was a building that was built in 1941 at 20,824 square feet; and then, there was a second building that was built in 1951, 10 years later, at 5,940 square feet, which would come out to the 26,000 that you described. So I just want to know if it's that part of the building that -- I want to be sure that this is not what caused it to be kind of split in the middle. Mr. Garcia: Right. So at present, there is one building. It may very well be that there was an original building that was actually added onto; that's entirely possible. I don't have that in my records, but at present, as pertains to our records, it appears as one building; the original structure or part of which was built in 1941, and the combined square footage that I represented is 26,764 square feet. That said, the most likely theory, based on the evidence that we have, is that the addition is what you see now as a lower portion on the front of the property; however, that part on the front of the property enjoys the same zoning designation as the -- Commissioner Hardemon: The middle section. Mr. Garcia: I'm sorry? Commissioner Hardemon: Go ahead. Mr. Garcia: -- enjoys the same zoning designation that the site has, all the way back to about two-thirds, to the west of the property, which happens to be T5-O presently. The change that's being sought would affect the western end of the property, which is City of Miami Page 100 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 partly occupied by the original building, not the addition, and then the remainder of it is vacant, and that is the part of the property that is before you for consideration today. Our recommendation, as you know, is for approval. Mr. Martos: Commissioner, for further comfort, here is a certified survey of the property, and you can see that it identifies only one building. There's the building there, the (UNINTELLIGIBLE). Commissioner Hardemon: I see. Mr. Martos: Okay. Commissioner Hardemon: Okay. Thank you, sir. Mr. Martos: Thank you. Chair Russell: Any other questions? Commissioner Hardemon: No, I don't have any questions. Chair Russell: We have a motion on PZs.1 through 6. I'm looking for a second. Ms. Mendez: There was a question by Commissioner Hardemon with regard to the development agreements. Since we have to sign off on them, we'll make sure that there aren't any substantial changes, so that will -- any changes that may change versus typos and things of that nature, so -- when we review it, so I just wanted to let you know, Commissioner Hardemon. Chair Russell: Thank you. Commissioner Hardemon: There is a second. Chair Russell: Second by Commissioner Hardemon. Any further discussion on the dais? Before we take a moment -- a vote -- just a statement to the Administration, please. This -- these six items coming back to us is a big waste of our time at this point. These have already been heard on second reading, entitlements have already been granted, lawyers have been mobilized to come back and defend this issue, and now new questions have been raised that could muddy the entire process of having these approvals done. We passed in a budget two years ago, I believe, nearly $80,000 to improve our notification and notice process. I believe it -- nothing has been done with that money. And so, I would like the Administration to work with my office on creating legislation for new process and steps for notification; and in particular, I'm talking about signage, when there is posting for any sort of hearing. Driving here to work today, I saw a signage for -- a Historic and Environmental Preservation notice. It was just a piece of paper taped to a tree, with box tape, and it was on the side of the street where there was no sidewalk that nobody could really get to. And I went over and looked at it, and it's like six months old. So, really, we need some work here. There are best practices in other cities that have very large, visible signage posted on the structure, with QR (quick response) codes, with websites, with laymen's terms that people can really know what's going on in their neighborhood. I'd love for us to look at digital versions of how we can notify our neighborhoods through all the new things that are available to us through social media, next door, email blasts, to let people know what's happening in their neighborhood. And then, of course, let's not miss our newspaper notifications, because that's probably the most simple. But thank you. So I'll go ahead and take a vote on these six items. All in favor of PZ.I through 6, say "aye." City of Miami Page 101 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. PZ.2 ORDINANCE Second Reading 4665 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF MIAMI ("CITY"), RELATED TO THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, ASSOCIATED WITH THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA" ("MDDRS SAP") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND THE CITY'S ZONING DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13803 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item PZ.2, please see "PZ Order of the Day," and Item PZ.1. City of Miami Page 102 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.3 ORDINANCE Second Reading 4857 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE 0.318 ± ACRES OF THE WESTERN PORTION OF REAL PROPERTY LOCATED AT 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-1"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13807 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item PZ.3, please see "PZ Order of the Day," and Item PZ.1. PZ.4 ORDINANCE Second Reading 4858 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE -LIMITED," TO T5-O, "URBAN CENTER TRANSECT ZONE — OPEN," FOR APPROXIMATELY .318 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-1"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13808 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item PZ.4, please see "PZ Order of the Day," and Item PZ.1. City of Miami Page 103 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.5 ORDINANCE Second Reading 2773 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT SETBACKS", AND ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13804 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item PZ.5, please see "Public Comment Period for Regular Item(s)," "PZ Order of the Day," and Item PZ.1. PZ.6 ORDINANCE Second Reading 4204 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS ("NRD"), SECTION 3.1, TITLED "OFF-STREET PARKING AND LOADING STANDARDS," AND SECTION 5.1, TITLED "URBAN CENTER TRANSECT ZONE," BY MODIFYING THE STANDARDS FOR SMALL-SCALE COMMERCIAL BUILDINGS AND APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1 BOUNDARIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13805 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item PZ.6, please see "PZ Order of the Day," and Item PZ.1. City ofMiarni Page 104 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.7 ORDINANCE Second Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING Planning ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record: For minutes referencing Item PZ.7, please see "PZ Order of the Day." City ofMiami Page 105 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.8 ORDINANCE Second Reading 4677 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Notes for the Record: Item PZ.8 was deferred to the April 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.8, please see "Public Comment Period for Regular Item(s)," and "PZ Order of the Day." City ofMiarni Page 106 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.9 ORDINANCE First Reading 3001 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Notes for the Record: Item PZ.9 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. PZ.9 ORDINANCE First Reading 3001 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell ABSENT: Hardemon City of Miami Page 107 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.9 ORDINANCE First Reading 3001 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Notes for the Record: Item PZ.9 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.9, please see "Order of the Day," and "Public Comment Period for Regular Item(s)." Chair Russell: Which brings us to PZ.9, the NCD (Neighborhood Conservation District) amendment. So here's how we're going to do this. I welcome everyone, and thank you for coming to your house, City Hall. We have a very diverse group of people here. This is not just about one issue; this is about a two-year process that has come to tonight through PZAB (Planning, Zoning & Appeals Board), through 10 different public meetings; it affects so many people in so many different ways. Really, what we're talking about here, gentlemen, is the character of our neighborhoods, which is something that we can all universally relate to. We may not relate to it in the same way as Coconut Grove, but each of our districts is under pressure for change through some form of development and speculation. It is our job as Commissioners to listen to our residents, walk around and see what's going on, and try to figure out a fair way to allow for healthy development in our neighborhoods, without completely losing the character that made them so special and valuable, and that's different from neighborhood to neighborhood. How we do that has to be done very smartly, not with just a broad. And so, what you have before you today is what has been passed at the Planning, Zoning & Appeals Board, with slight modifications from the Legal Department, but I have not added any amendments into this at this time; I wanted it to come here as is in the moment. I do have many recommendations and suggestions based on so many public meetings and input and hundreds of emails from all of you and others. And I've received two letters from both the -- two of the leading organizations in the community; the Village Council, who are elected members of Coconut Grove, as well as HOTA, the Homeowners and Tenants Association. Mr. Glick, if you could pass those out. There's also a list in there of some recommendations that I'll be proffering. We will have significant public comment on this issue. So the way this works, we have two lecterns. I would like you to each take your time at two minutes, and this is important, or we'll be here very, very late. You'll hear a buzzer right around the 30- City of Miami Page 108 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 second time, and that's the time to start wrapping it up. Please try to hold any applause or outbursts; that'll let us get through things a little more quickly. The Commissioners are listening to you, and more importantly -- well, not more importantly; just as importantly, I've asked staff in the Planning & Zoning Department to take note of the recommendations we hear on the lecterns for changes, and take note of all of those so that between first and second reading, we can absorb all of that, work that around; maybe even have another community meeting or a sunshine meeting to see which of these changes fit legally and sensibly into the legislation. So they'll be taking notes as well on what you say. If you see a Commissioner leave the dais, don't worry; we have speakers in the bathroom, we have TVs (televisions) and speakers in our offices, and it's been a very long day, so there may be some stepping off for a moment to take care of business. But with that in mind, I'm going to open up the floor for public comment on PZ.9 only. After that, we have just a couple small items on the agenda that I'm going to leave for after, plus one appeal, which may take some time, but anyone who is here to speak on PZ.9, if the first, let's say, 10 or so folks would approach this lectern, and 10 or so folks at that lectern. Stay close to the lectern so you can move right after the next person and right on; and then, after you see those people start to dissipate, the next 10 folks, please feel free to just come right on in. Are there people outside who have not been able to make it in based on capacity? Yes. So as you speak, I would very, very much appreciate if you would step out into the lobby so that others can come in and have their peace, or have a seat and be heard as well. There are some spots in my office and a few TVs, where people can listen and watch as well, especially after they've spoken, and that's the way we're going to do it. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Russell: Yes. Mr. Hannon: I also need to administer the oath, once you'd like to give me the opportunity. Chair Russell: All right. So anyone -- I'll let you take care of that, Todd. That's something we should do first off. Thank you. Mr. Hannon: Good evening, ladies and gentlemen. If you're speaking on Item PZ. 9, Item PZ.9, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. And -- all right. So those of you who do have the ability, please feel free to take a seat so we don't get too crowded in the aisles. We don't want to be a fire hazard; just -- a dozen people or so on each lectern. We got plenty of room over here, so some folks can move over here. All right. So as you approach the lectern, please just say your name; you may say your address, if you like; well, all obviously speaking on PZ.9. And so, feel free to address the dais. Go ahead. Jacqueline Indacochea: Good afternoon, Commissioners. My name is Jackie Indacochea, and I own several properties in Coconut Grove. I'm not a developer. I purchased my first in 1995, and I still own it today. If I look familiar to you, it's because I was here not too long ago fighting for my rights to reverse a decision through appeal on designating one of my properties as historic, without due process. This decision was forced and rubber stamped, because the powers that be said that if City of Miami Page 109 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 it wasn't done, all historic properties would be demolished and destroyed. This process cost me almost $10,000, and hundreds of hours of my time to prepare for such a fight. But more importantly, it cost the City and its taxpayers way more than that to repair the damage done because of haste. By the way, my cute cottage still stands. So here we go again, the proposed NCD-2 creates a de facto historic district for all of West Grove by forcing us to go before the HEP (Historic & Environmental Preservation) Board any time we want to do anything to our properties. The powers that be say we must rush and get this proposal approved to save our communities and our trees, even though there has been no economic impact analysis done to show us how this proposal will affect our property values, our community, or traffic. Even worse, they admit there are issues that must be addressed, changed, or defined, but they want you to approve it anyway, as is, and change language later; this at the cost of taxpayers and property owners. Absolutely not. The proposal cuts the FLR (floor -lot ratio) to 50 percent on residential properties, detrimental to smaller lot West Grove property owners, supposedly to save the trees; yet, it gives commercial developers 100 percent increase. Yes, double density. I call that bait and switch. All this without an impact study. This is not about trees; it's about the haves telling the have nots in West Grove what to do. Let's not make the same mistake again by being hasty. I ask that you defer this item indefinitely, as it does not represent what is truly best for our community. Chair Russell: Thank you very much. Ms. Indacochea: Thank you. Chair Russell: And let me address that just briefly, and it may stave off several other comments in the same thread, because we have heard this a lot, and I am listening. I do not intend for this to be a de facto historic district. And I will be proposing an amendment to remove the language, the requirement that additional new construction go before the HEP Board. It should go as it currently does, before the UDRB (Urban Development Review Board). And so, we're -- that will be the amendment that I'm asking so that this is not viewed -- so new construction isn't sent before the HEP Board; they're not the right body to study this. It's not a technical historic district; you're absolutely correct. Commissioner Reyes: Sir, how about other type of construction? If you have an addition or something have to go --? Chair Russell: Nothing should go to the HEP Board, unless you already are a properly historically -designated structure; of which, we do have some, and they fall under the HEP Board rules, but beyond that -- And I know this came through PZAB. This came through the Planning Department, but I'm telling you, I have listened; and HEP Board, I agree, is not the right body to judge new construction in this case, because it is not technically an historic district. So I just want to continue with public comment, but if that's something that you're concerned about, as I know many people are, I just want to address that. You can address it in your two minutes as well. Melissa Tapanes-Llahues: Question? Chair Russell: What? Is this your two minutes? Ms. Tapanes-Llahues: No. I have a question -- Chair Russell: This is going to be your two minutes. City of Miami Page 110 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Tapanes-Llahues: -- just to clam. Does that include the intent language in NCD-3 -- Chair Russell: Yes. Ms. Tapanes-Llahues: -- that deals with historic? Chair Russell: We will -- we'll clean up the intent language, as well, with regard to historic. Ms. Tapanes-Llahues: I'm just trying to save lots of two minutes. Chair Russell: Yes. Thank you. All right. We're going to alternate lecterns, so please. Kathy Kesler: Thank you. Hi. Good afternoon, Commissioners. My name is Kathy Kesler. I live at 3897 Kumquat Avenue, South Grove. We bought our house in 1992, and we had a great quality of life, until 2008. In 2008 -- I brought visuals. I (UNINTELLIGIBLE). In 2008 -- Mr. Hannon: Chair, we need the -- this needs to be on the record. Chair Russell: Yeah. We have a -- Mr. Hannon: I have a microphone right here. Chair Russell: -- a wireless mike for you. Ms. Kesler: Oh. Chair Russell: If somebody could hold that for you. Ms. Kesler: In 2008, when LEED (Leadership in Energy and Environmental Design) was popular, this house was run by Zoning and was approved -- prelisted at $2,199,000. Here's our letter from April 2008 from Zoning. Here is the exception they made. For a 7,200 lot -- square foot lot, they're allowed to build a six -bedroom, seven -bathroom, 5,000 square foot house. All right? That left us five feet on our side and five foot on the other side. All right. That was August 2008; it was approved. Here's the lot here. Here's their lot, and here's the adjacent houses. This is what it was supposed to look like. The rendering shows it looks like it was in the Redlands. There's a house, here's the fence, and here's my house right here. So that's what they got approved. All right. Then, it says here, it'll be complete January 2009. It's not complete; it's January 2019. It still has a current permit. The permit has been renewed over and over and over and over. It does not have a CO (Certificate of Occupancy). It is not occupied. Here is how it looked from our courtyard, August 2010. That is my swimming pool. This is my house. This is how they kept the construction. This is where they poured illegal driveway. That's standing water. There's mold, 2010 -- there it is, too -- before they painted the house. Now, here, it has been posted four times for abandoned structures. It has currently a lien on it that was written in 2015 from abandoned structures that, right now, is at $267,000. Chair Russell: Thank you. Your time has expired. Ms. Kesler: Sure. City of Miami Page 111 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: I'd just like to bring it to a close and understand. Are you in favor of the changes -- Ms. Kesler: I'm in favor -- Chair Russell: -- that are being brought? Ms. Kesler: The permits need to be one permit renewal, and then it needs to go before a committee for any more permit re -- you can't have permits over and over and over and over; constant renewal. Chair Russell: Understood. So you're in favor of the amendment. You'd like to see a change of some sort that brings more teeth to permits and more limitations; is that --? Ms. Kesler: Totally. They cut down 12 trees. There's mold. It's affected our quality of life. Like you were saying, it's hazardous. Chair Russell: Yes. Ms. Kesler: We live in a hazard right now, five feet away from our house. It's moldy today. The water stands there today. Chair Russell: Thank you very much. No, the demonstrative tells the story. Ms. Kesler: Mosquitos in the swimming pool. Chair Russell: That's a very big house on top of your house. Commissioner Reyes: (UNINTELLIGIBLE) inspection have to -- inspectors have to Chair Russell: Yes. Commissioner Reyes: -- do something about that. Chair Russell: Thank you very much for coming, and thank you for your comment, and the work you put into that. Please. Andrew Rasken: Commissioner Russell, how you doing? Chair Russell: Good. Thank you. Mr. Rasken: As you know, my name is Andrew Rasken. I own 3295 Charles Avenue. I'm a homeowner in the West Grove. I'm here today to let you know, I'm part of a group of -- that consists of several hundred neighbors that -- who strongly believe the NCD zoning change should be deferred indefinitely for the following reasons: To begin with, the final draft of the legislation was only issued eight days ago. It's hard to imagine that the Commissioners, let alone us neighbors, who have a lot at stake, have had a chance to read the full revised draft of the legislation. The prior version was released more than six months ago. Secondly, most importantly, there's not been an economic impact analysis to address the density bait and switch that's being proposed in the language. While many other people in the conversation are pushing for smaller footprint for single-family homes, nothing is being discussed about the increased density that's being proposed for the commercial -zoned properties along Grand Avenue in both the NCD-2 and the NCD-3. The lack of participation by commercial developers participating in this conversation is City of Miami Page 112 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 appalling. They have the most to gain from this passing. There's yet to be an analysis showing the scale of what's going to be allowed in the commercial -zoned properties that sit adjacent to the residential lots. Once again, the West Grove is not being fairly educated as to the results of the proposed density changes. The new proposed changes to density will allow commercial -zoned properties to be doubled in size and reducing the parking requirements. Defer these proposed changes indefinitely, because it's becoming more evident; this is not about free canopy; this is not about home footprint; this is not about affordable housing; this is only about neighbors being up in arms because the current Code is not being enforced properly. With better enforcement, everyone can be satisfied. It should not require a complete overhaul, which could diminish property values of single-family homes and increasing profitability for commercial developers. The unintended consequences of the proposed revisions have not been properly vetted, and they will negatively affect my livelihood and my savings. Please defer this item indefinitely. Thank you. Chair Russell: Thank you very much. Applause. Chair Russell: Please hold your applause. Thank you. Alice Hector: Thank you. My name is Alice Hector. I live in the Center Grove. My family has lived in South Florida for six generations. It's changed a lot. We live in a house that was surrounded -- we live in a townhouse that's one story, my husband and I, surrounded by beautiful trees. And then, three winters ago, next door, the huge, giant, white box that is supposed to be two stories, but towers over this -- it is at least three times as high as our house. The water runs off from their property onto ours, they block our sun, but the worst thing is that these beautiful, hundred - foot tall oak trees, in order to fit their house, these -- this two -side condo -- onto this lot, they had to come down and build a huge foundation and dig up all the way down the trees, and now they're all really suffering. They're still huge on one side, because they chopped the other side completely off. And unless -- I support the amendments, because it's just too big, too overwhelming, and you cannot save the canopy, unless something changes. Thank you. Chair Russell: Thank you very much. Applause. Chair Russell: No need for applause, please. You can show your hand -- raise a hands for support to just let us go a little quicker. Thank you. Fran Mires: Hi, Commissioner. My name is Fran Mires. My husband and I own 3758/60 Frow Avenue and also 3475/77 Hibiscus Street for the last 17 years. After successfully appealing the historic designation last year, which took a lot out of our life, we're, once again, being forced to fight for our property rights and the prospect of becoming part of a de facto historic district. The question I have is, why are we being targeted again, after we successfully won, and it was so hard to do? The NCD item should be deferred indefinitely. The HEP Board should not be allowed to expand its authority over a neighborhood that is not historic. First of all, they're not qualified, they're not needed, and they're not wanted. The effort continues to marginalize the West Grove and isolate it further. Some North and South Grove residents want to preserve their free canopy at any cost, and most don't have -- or some don't have the idea of what the propose [sic] really means, this change. Furthermore, the NCD seeks to reduce the value of our properties by reducing the size of future home construction, increasing traffic, and I'm not sure what else, and I'm not sure that everybody knows what else. There's also been no impact studies. City of Miami Page 113 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 This is super serious. I ask all of you, the City of Miami Commissioners, all of you, for your help. It's serious. It's the thing to do. Please defer it. Thank you. Chair Russell: Thank you very much. Mary Ann Gibbs: Hi. My name is Mary Ann Gibbs, and I live off of El Prado Boulevard, in the South Grove. I just wanted to say, I support this upgrade for the Zoning Code. You know, 10 years ago, I could look at the map of -- the satellite of the Grove, and then I would look across Lejeune and I would see Coral Gables, and it was night and day, because Coral Gables was brown, because it was all concrete; we were all green. To be quite honest with you, I'm afraid to look at it right now, because we 're turning brown just like Coral Gables. I'm a big gardener, and I really care about what happens to wildlife. And I'm seeing, as these developers come in and redevelop properties, they're going setback to setback with the house or taking out all of the room for a garden, taking out frees, and, you know, there's no more butterflies. There's, you know, the birds, you know, where are they going to go now? What are they going to eat? And that is a big concern. Chair Russell: Please, please, no conversation in the hall, please. Allow the speaker to speak. Please, no conversation; allow the speakers to say their piece. Everyone has two minutes. Ms. Gibbs: Well, at any rate, there are a lot of people who do care about wildlife and the disappearing habitat for them. I support what the Village Council wants to have added into this upgrade, which is to have developers come in with a full plan of what they're going to do and not do it piecemeal, like at the demolition, and then come back with a septic tank, or come back with a free plan, because that's how they managed to get away with a bigger house with less green space. So I ask you to really look at what the Village Council is doing and incorporate that into the upgrade. Thank you. Chair Russell: Thank you for your words. Next. Senen Garcia: Good afternoon. My name is Senen Garcia. I live on 3240 Mary Street; I own there, but previously, I used to live in the South Grove area, around Poinciana Avenue. One of the things to echo the sentiment of the prior speaker is you used to know, definitively, when you were in the Grove or you were in the Gables because of that canopy. One of the things I loved about the Grove, one of the things that made me move to the Grove was the canopy, was the trees, was the overhang. Slowly but surely, over time, that canopy has disintegrated, even down Poinciana and various other streets in South Grove, and it's starting to happen in West Grove, and it's now starting to happen everywhere else along the Grove, in the North Grove area. We're seeing less and less canopies, and instead, they're replacing these oak trees for palm trees, which are not really trees, to be quite honest with you. They're doing it simply because it's cheaper, and they can build these box homes that have no character, and they don't follow the same aesthetics of the remaining areas. This is the best way to ensure at this point this doesn't continue. Ideally, I understand some of the concerns that, "Oh, well, then, we should think this through," but while we 're thinking this through, developers are continuing to barrel down and put these homes in, so by the time we do vote on something, the Grove -- the essence of the Grove will be gone. Therefore, I do support putting this in for right now. If we need to go back and change some things, we can later on, but I think, right now, we need to do this to put a stop to what's going on in the Grove. Thank you. Chair Russell: Thank you very much. Please approach the lectern so you can start speaking right as the next one finishes -- last one finishes. City of Miami Page 114 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Brian Carson: Good evening. My name is Brian Carson. I'm here today as a resident of the Grove and a member of Grove 2030 and as a landscape architect. To be totally honest with you, I've known about this meeting for over a month now, and I've scribbled probably more than ten pages of notes of how I could use two minutes to approach these issues. And landscape architecture is concerned in so many ways with issues exactly like this, and it's difficult for me to focus on one particular issue of how we could be doing this better. As landscape architects, we focus on good design, on good design today that will last, but we also focus on good planning, and that means that what we do today needs to work well in 100 or 200 years. Developing these sites at 80 or 85 percent of the land does not leave any room for trees, it doesn't leave room for canopy, it doesn't leave any room for that land to drink its water. We shed that water, and collectively, when all the homes do that, we get issues -- we have environmental issues down the road that our City government can't afford to fix; our State government, our national government can't afford to fix these issues, and that's just one particular example. We need to long-term plan, and I support reduction of footprint in the Grove, and that's what I came here to say. So thank you. Chair Russell: Thank you very much. Mr. Parrish. Anthony Parrish: Mr. Commissioner, Mr. Chair, we 'd like to set up a PowerPoint presentation, and then present it coherently in one -- Chair Russell: If you can set that up, I'll allow others to speak while you're doing that. Go ahead. Oh, it's already set up, then, please. Mr. Parrish: Okay. Chair Russell: Two minutes. Mr. Parrish: All right. Andy Parrish. My offices are at 3678 Grand Avenue, in West Coconut Grove, next to the Ace. This -- today isn't about a battle between individual property rights and neighborhood conversation; it's about balancing those two items, and that balance is, of course, delegated to you as Commissioners by Chapter 163 and others in the State Statutes. So I don't need to belabor that. It is established law that zoning and property rights have to balance each other. So why do we need NCDs? Because, just like socks, one size cannot fit all. Miami 21 can't fit every neighborhood perfectly. So the NCDs are fine-tuning for the zoning, and each neighbor has the opportunity to create an NCD. Every single Commissioner's district can have multiple NCDs. That would be a good thing. They are created by the people who live there, and who volunteer thousands of hours of their time and effort to work with City staff and with you to make their neighborhoods better. So why are these revisions needed? Because the City has grown. The NCDs created 10 years ago are no longer doing the job adequately; they lack clarity, and there's a website that specifies that what happens when you don't have clarity is that everybody gets confused; they can't really go through all the intricacies of Miami 21, and they end up coming before you with T-shirts and just -- so in -- I'll sum -- to summarize, NCDs represent democracy at their very best; involved citizens working together to come to a compromise to make their cities, their neighborhoods, and the City better. It is definitely not the tyranny of the minority -- of the majority over the minority. Instead, it's to achieve a reasonable compromise that everyone can live with. So NCDs are good for peoples facing democracy. And I urge you not to defer this, but to go ahead and approve it for first reading. Thank you very much, Commissioners. Chair Russell: Thank you, Mr. Parrish. City of Miami Page 115 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Stephen Mason: Mr. Chairman, thank you. My name is Steve Mason, and I speak on behalf of the neighbors of Bayview Road in the South Grove. My wife, Jessica, and I have been residents of Coconut Grove for over 10 years, and have witnessed the character of the Grove change significantly during that time. Immediately adjacent to our street is one of Coconut Grove's greatest treasures, the Kampong; the original home of David Fairchild and home to one of the largest collections of exotic trees and plants in all of Florida. The Kampong has co -existed beautifully with the surrounding neighborhood for decades. In fact, it was one of the key reasons we moved to our house. Unfortunately, we're now dealing with a very different neighbor in our back yard; FIU (Florida International University). That is right. One of the nation's largest universities is trying to open its next campus at the Kampong. Phase one for FIU includes plans to construct a building, complete with several labs, lecture halls, offices, space to teach hundreds of students a year, all in the one facility. In addition, it wants to construct a large parking lot, complete with 24-hour lighting, right in the middle of a residential neighborhood. It's not hard to envision the traffic that this will add to Main and Douglas Roads at what is already one of the most congested choke points in all of Coconut Grove. For the past three years, our neighbors have spent hundreds of hours trying to protect and preserve a treasure of Coconut Grove from being taken over and turned into FIU's east campus. This would completely change the residential nature of our neighborhood. The provision allowing a botanical garden in NCD was written specifically for the Kampong in its current use; not for the use that FIU is proposing. We strongly urge the Commission to tighten the definition of what is a botanical garden and add language to protect the remaining green space currently there, so we do not end up with a college campus in the middle of a residential neighborhood. Chair Russell: Thank you, Mr. Mason. Planning Department -- Applause. Chair Russell: Please. Planning Department, did you catch note of that requested amendment to tighten language regarding botanical gardens? Thank you very much. Mr. Mason: Yes. Chair Russell: Thank you. Ron Nelson: Before I begin my two minutes, may I ask your indulgence for one thing? We had prepared a PowerPoint with successive speakers. Each person gets a slide -- Chair Russell: I see what you got going on. Okay. Mr. Nelson: -- two minutes; next person gets a slide, two minutes. Chair Russell: I was interrupting -- Mr. Nelson: So with everyone's indulgence -- Chair Russell: -- your groove. You had a -- Mr. Nelson: -- if we can -- Chair Russell: -- you're on a roll. City of Miami Page 116 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Nelson: -- to allow this presentation to run through, everyone two minutes. Is that okay? Chair Russell: Yes. So with indulgence from the left side -- Mr. Nelson: Yes. Chair Russell: -- we will do a few speakers from the right side in succession. Mr. Nelson: And then we'll run through it that way. Okay? Chair Russell: That's fine. Absolutely, Ron. Mr. Nelson: Excuse me. I'm recovering from that cold that's going around everybody, so I'm -- All right. My name is Ron Nelson. I live at 2535 Inagua Avenue; some of you will remember me as the Chief of Staff for Commissioner Marc Sarnoff. I've been asked to talk about the history of the NCD, so I'll cover it very quickly. You'll see on the screen, the NCDs were and are approved by and executed by the City of Miami, a commitment of the City to protect our neighborhoods, a living document in an inclusive process. NCD discussion began at the Village Council in 1999. This was an era when there were McMansions out there; huge homes being built on small lots, taking up the entire lot, leaving no rooms [sic] for trees. The NCD draft was in 2007; the recession in 2008 gave us breathing room from these McMansions being built and eating up the lots. Foresight brought us to the point of seeking an NCD, because we knew when the recession was over, the building boom would begin again. That's Miami's cycle; boom bust, boom bust, here we go. Adopted in 2010, it went to the HEP Board, the PZAB, the Commission for two readings, and it had support from most community organizations, if not all. It rolled into Miami 21 in 2011. Unfortunately, I'm going to say a word that I couldn't get around. We were kind of misled at that time, adopting this NCD, because we adopted it. Everyone was really happy to -- only to find out that it was unenforceable when it came time to adopt it. So everyone knew the intent. Once the residents learned it was unenforceable, they began the process of adding teeth to it. That's taken three years to get to. So now, here we are trying to add teeth. I'll say one quick thing. I bought my home for $150, 000. Today it's worth more than three quarters of a million dollars. I have not added any square footage to the house. It's worth that because I live in Coconut Grove; because of the character, the heritage, and the nature of Coconut Grove. Don't destroy that fabric. Thank you. Commissioner Hardemon: Thank you very much. Mr. Kurland. Nathan Kurland: Good evening. Nathan Kurland, Coconut Grove. Good evening, neighbors and friends. Here in Coconut Grove, you don't need to be a psychic to know that the current NCD Codes have not protected the Grove from overdevelopment, indiscriminate lot splitting, and substantial loss to our tree canopy. You don't need to be a psychic to know that the current NCD Codes are too vague and filled with loopholes. You don't need to be a psychic to recognize that most Grovites are concerned with our unique community, and the fact that it is in danger of losing its character and, some say, its soul. Unlike some developers, whose only motivation is profit, most of us deeply care about our quality of life and our intrinsic values. "Intrinsic," big word. What's it mean? It means the tangible and intangible factors that create valuation; in short, what a property is worth. And make no mistake, property value is why so many of us are here this evening. Let's agree that Coconut Grove is a special place, a different place, with some of the most expensive real estate, and highest taxes in Miami. Why is it so expensive? Because a lot of people want to live here. A lot of people want our intrinsic values; intangible, such as a sense of scale, a sense of place, a sense of community, a unique City of Miami Page 117 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 character and connection to our neighbors. These are the qualities that are under attack: Massive canopy trees are being cut down, large houses are being built on small lots, our landscape is being torn out and not replaced. The West Grove is in a fight for its very existence. We need an updated NCD. We need tree canopy protection. We need replanting of shade trees; not elsewhere, but here. In conclusion, we need to tame over development by encouraging responsible growth. You don't need to be a psychic to know that a few additional changes to the new NCD legislation would make a vast improvement. Reasonable FLR will be established, height restrictions will be enforced, green space and canopy will be increased. Protect our intrinsic values. Support the new NCD. Chair Russell: Thank you, Mr. Kurland. You know it's serious when he doesn't start with a corny joke. That's a first. That's a first at this Commission, Mr. Kurland. I can see you're not messing around. Mr. Kurland: Well, you were pretty strict on two minutes, Commissioner. Chair Russell: Thank you. John Dolson: Hi. I'm John Dolson. I'm homesteaded at 4205 Lennox Drive in Coconut Grove. I'm a (UNINTELLIGIBLE) and Grove Watch member. As a (UNINTELLIGIBLE), I have no skin in the game here financially. I'm not a developer. I'm here only because I want to leave a better community behind. And as you can see from the aerial photograph just shown, we know that we're losing our tree canopy in the Grove; it's obvious from space. One of the things that I think you need to understand is that, historically, the FLR in the Grove has been about 35 percent, but since the passage of NCD-3 and 2, which was designed to preserve the density and size and scale of our neighborhoods, it's grown to 50 percent in the last 10 years. Now that's -- some of that's just the normal growth of people wanting bigger homes, but the problem is the upper end hasn't been capped, so we're getting over -sized homes, and that's a big problem. This is proof. This is statistical proof that this is not working. Now, some of you Commissioners have probably heard that 65 percent is a compromise on the FLR. It is not. It is the status quo. The way all this stuff is defined, 65 percent is what's in the Code now. It is not working as intended; the graph shows it, driving around the community show it. The community workshops that PZAB asked us to have, an FLR workshop, a lot of people showed up for that. The overwhelming number of people wanted 35 to 40 percent. That's an extreme position. Then you have other people here asking for it to be left alone. The Code, as proposed right now, is 50 percent. That is a legitimate compromise. Is it what I want? Not necessarily, but it's a compromise. So we met in the middle. Now, you want to take a look at Coconut Grove small lots, and that's talking about 7,000 square feet; we are a small -lot community, and that's what's threatened. In the West Grove, NCD-2, there are 186 vacant lots. You'll hear more about that later. We're asking you to keep the "Grove" in Coconut Grove, move this legislation along, work out the kinks after the first reading, and protect our property values, our neighborhood, and what we moved here for. Thank you. Chair Russell: Thank you, Mr. Dolson. Marc Coleman: Okay. Going a little old school here. Marc Coleman, 3085 Calusa Street. I'm a developer, I'm an architect, I'm a realtor, in addition to a homeowner. There's been a lot of discussion about the .65 FLR. As a compromise, they're saying, "Well, we're actually going from 80 percent lot coverage down to 50 percent, and this is a drastic change," but those are two different items. They're comparing apples to oranges. And so, I just wanted to point out, lot coverage, which is at Point "A," includes everything under roof includes all AC (air conditioner), enclosed spaces, and all porches, carports, verandas, Florida rooms, et cetera. It's very City of Miami Page 118 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 onerous; it counts everything. FLR does -- only counts AC or an enclosed space; does not include porches, carports, verandas, Florida rooms, so it counts much less, and that's why that number could be much less, but, you know, reality speaks here. And so, what I've decided to do is let's go take a look at some existing houses, and let's figure out what their FLR is. So I went to our neighborhood here; had 15 houses. I drove around, took a look at all these things, and decided, "Hey, I want to analyze these and what the actual FLR," because this is real hard data points. I didn't use the County Assessor's Office; they count square feet in a different way. I didn't use MLS (Multiple Listing System). I went down to the Building Department. I pulled all the plans, looked at the square foot calculations there, and this is what I came up with. They go from .3 to .65 FLR; .66. This is what's actually getting built out there, and it's these guys here -- .6, .65 -- that are the problem. Chair Russell: How did you choose your sample set? Mr. Coleman: I drove around; everything in my neighborhood. Chair Russell: So that's every house, one after the other? Mr. Coleman: One after the other. Chair Russell: Okay. Mr. Coleman: I didn't leave any out. And so -- so these guys are the problem. These are the guys that are causing the tree canopy loss, a loss of character, scale, massing. This affects our property values, especially tree cover. If you don't think tree canopy affects property values, do a quick thought experiment with me. Think of any neighborhood in Coconut Grove; now cut down all the trees. What will happen to the property values? They'll take a nosedive, and that's what's happening house by house by house by house. You don't vote for the NCD, we'll lose our property values. If you don't vote for the NCD, the City will lose its tax revenues. If you don't vote for the NCD, you're going to have to reach into the pocket of every citizen in this City to make up that fault -- that shortfall. So in conclusion, I just had one more quick thing. Several of you have asked for some visuals. I've got some visuals here real quickly just wanted to hand out. I drove through -- if you haven't droven [sic] through West Grove lately, you should really do it. It's astonishing what's happening there. It's being decimated. This is just on Shipping, Day, and a couple of the cross streets. This is all taken pictures in about 30 or 40 minutes, and what you see there is urban renewal, gentrification at its worst; house after house after house, trees gone. You see at the very end, you can see empty lots, houses being torn down. And look, entire blocks gone, with construction fences around them. Again, unfortunately, for good or bad, this is happening on your watch. It's not your fault, but you need to do something about it. Please vote for the NCD. Chair Russell: Thank you very much. Applause. Chair Russell: Please. Glenn Patron. My name is Glenn Patron, 4050 Ventura Avenue. I live there in the Grove. There are many good reasons to stipulate a low FLR in this legislation. You can see how little space there is around the high , trees and houses, but there are also practical reasons; infrastructure, flood control, climate change, wildlife, and aesthetic reasons. We've heard residents say how beautiful their neighborhood is, but I'd like to read something from a New York Times travel section about Miami. "Visit Coconut Grove, a place of refuge from the plastic and concrete world all City of Miami Page 119 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 about. Ancient oaks and giant plants shade the winding lanes of the Grove 's residential area." Fodor's Guide to Florida says, "You'll be impressed by the Garden of Eden -like foliage that seems to grow everywhere." This is the street thatl live on. It's tree -lined street. Across from me were built two very large, high FLR homes that were built on an illegally split -- and Planning & Zoning has admitted it - - lot. And the one on the right has a third story, which was also illegal, because no waiver or a warrant was made, but we'll talk about enforcement perhaps another time. Imagine if that builder built all these houses all the way down the street? What you're going to have here is more a series of row houses, and nobody will be impressed by the Garden of Eden -like foliage. And just think what will happen to the market price and tax -assessed value of this street with that sort of a change. Gentlemen, Coconut Grove is special. The residents of this City know that. And if you let it descend into humdrum, the voters will not forget. Thank you. Chair Russell: Thank you. Next. David Villano: Good evening. I'm Dave Villano, and I live at 2453 Inagua Avenue, in Coconut Grove. So one of the areas of confusion within the legislation pertains to the massing allowance for single-family homes, which planners determine through floor -lot ratio, or FLR. So it's important to note that, unlike other municipalities, the City of Miami, at present, does not have an FLR limit at all. So what restricts home size or other provisions of the Code, such as the setbacks and green space requirements and the like? And so, while we have no stated limits, as you can see on the slide here, other cities with strong and growing property values have FLR limits that are actually lower than what the City staff is proposing for the Grove's Neighborhood Conservation District. As you can see, Key Biscayne begins at .41 -- I'm sorry -- .3 and then bonuses up to .47; Coral Gables .3 to .48; Miami Beach at .5. So, what we're looking at here is something that's certainly very much in line with what other municipalities are doing, and in fact -- perhaps, very much generous to those who build these kinds of homes. And then, when you look at the -- at what else -- elsewhere around the country, you'll see that the 50 percent or the .50 limit that we're -- that the staff is proposing for FLR is already on the high side, where other desirable communities have implemented. Three of the examples here are with the Neighborhood Conservation Districts, which, as you know, are planning tools used by officials to build value within unique and, yet, at -risk communities by promoting smart, sensible, and sustainable growth. So that's what the amendments to the Grove's Neighborhood Conservation District are doing. Anything more than the .50 will put us at risk. Thank you. Chair Russell: So if I understand correctly, Coral Gables, Miami Beach, and Key Biscayne are all at .5 or less, but we see these large cube houses in those neighborhoods as well; it's just on bigger lots is what you're saying, right? Mr. Villano: Well, I'm not -- Commissioner Reyes: That's the problem. Mr. Villano: -- I'm not -- Commissioner Reyes: The problem is that when we use these measures, it's going to be 50 percent and 60 percent of what? Chair Russell: Of your square foot of your lot. Commissioner Reyes: That's right, but 50 percent of a 10-square-feet lot is not the same as 50 percent of a 6,000- or 5, 000-square feet lot. City of Miami Page 120 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Right. Commissioner Reyes: You know. I mean, have to be a very small house if I have to - - I mean, if I want to be a three -bedroom house -- Chair Russell: Right. Commissioner Reyes: -- then I will have to just minimize the rooms or go up, and people here, they don't like the square box; some people like it, you see. Chair Russell: Understood. Commissioner Reyes: Yes, sir. Chair Russell: But without getting into debate, my -- Commissioner Reyes: No, no, no. (UNINTELLIGIBLE). Chair Russell: -- point is -- No, you make a good point. Commissioner Reyes: You have to define "of what?" Chair Russell: You make a good point, but from a development perspective, someone wants that, you know, 5,000-square-foot home, it's going to cost them more to buy the bigger land they need in the other municipalities than it would for them to find a small lot here and shoe -horn it in, because our Code currently allows it. So it puts the development pressure on our neighborhood for the same size house that they would have to use a bigger lot for. So they're kind of getting a deal to squeeze it in here, and the victim in the end is the space on the lot, the trees, and the character of the neighborhood, et cetera. I understand. Thank you. Thank you, David. Mr. Villano: Can I defer to our architect for clarification on that? Chair Russell: Did I misspeak? Mr. Villano: I thought you were asking me a question. I was going to defer to the architect. Chair Russell: It was a rhetorical question. Mr. Villano: Oh. I can give you a rhetorical answer. Chair Russell: I just wanted to hear myself speak. Thanks. Mr. Coleman: But just one thing you did say on larger lots. Actually, the .48 in Coral Gables is on 5,000-square-feet lots. The way it works in Coral Gables, the first 5,000 gets 48 -- .48 percent, the next gets 30 -- the next 5,000 gets 35, and the next after that is 30. In Key Biscayne, you start off with a 30 percent; you actually bonus up to 47, and there are 7,500-square-foot lots in Key Biscayne. So we're carrying 5,000-square-foot lots in Coral Gables, 7,500-square foot lots in Key Biscayne. So they're very -- pretty comparable to a lot of the Grove here. Chair Russell: Understood. Thank you. Is there anyone else on this presentation? Very impressive. All right. Rachel Cardello: Hello. My name is Rachel Cardello. I live at 2175 Tigertail Avenue. I'm a member of the Village Council, and obviously, a resident of the City of Miami Page 121 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Grove. The next few slides, you know, we were just talking about, "What does a .5 look like?" And I know the concerns have a lot to do with these smaller lots and trying to build homes that are relevant to the current lifestyle; you know, two or three bedrooms, two or three baths. How does that all work for families and still afford a smaller lot to your 7,000 square foot example? So the slides I have show what .5 looks like, and all of these are homes that were built from 2013 to 2017. So this is for current -day living. It also shows what is the required and provided. So when you see it in green, that means we've actually been validating that information off of construction plans; the building plans we've received; we got them. We verified that the square footage is there. The lots in this -- the lots in these three slides range from 5,000 up to 12,000, 6,000. It's a variety of them. So when we were talking about lot coverage versus FLR, with an FLR, you have the opportunity to exclude things, like balconies and terraces, Porte cocheres, which don't contribute to that maximum, so it's not really an apples to apples from where we are today to what we're doing now. And so, we keep talking about the value of living in Coconut Grove, and I'm an architect, and I use these buzzwords all the time. Well, this has an outdoor kitchen, A/K/A (also known as) a barbecue. It has an outside living room, A/K/A a cabana. So we use these notions and really play up on the idea of what it's like to live in Coconut Grove and to live in this indoor/outdoor world that's spectacular. And by encouraging this FLR approach, we're going to ask people to be really creative on how they fit that living on a 5,000-, 7,000-, 8, 000-square foot lot, but still get that amazing lifestyle that's bringing all these property values to Coconut Grove to where they are. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Your microphone. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Commissioner, microphone. Commissioner, just a little closer to the microphone. Commissioner Reyes: Oh. Chair Russell: Thanks. Commissioner Reyes: You see, Wynwood nowadays, you don't -- depends -- it's a problem with the -- demand and supply and all of that, and where you are located, you see. Ms. Cardello: But the difference in Wynwood is you want to be next to a big wall with a mural. Commissioner Reyes: That's right, but -- Ms. Cardello: Here in Coconut Grove, we want to be -- Commissioner Reyes: -- in Coconut Grove -- Ms. Cardello: -- next to the tree canopy; we want to be -- Commissioner Reyes: That's right. Ms. Cardello: -- integrated with our living spaces right in there. Commissioner Reyes: But property value is increasing every place, every place. City of Miami Page 122 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Cardello: So -- Commissioner Reyes: You know, everybody wants to come and live here. Ms. Cardello: Understood. Chair Russell: Don't worry. Commissioner Reyes: Bring them (UNINTELLIGIBLE). Chair Russell: We stopped your time during the -- if you had more. You're good? All right, thank you very much. Jihad Rashid: Good evening. My name is Jihad Rashid. I am a resident of Coconut Grove. The NCD was originally crafted to preserve the tenure of the historic residents of the Village West, the African Americans, and the Bahamians. I've spent half my life in this community, trying to make it a better place to be, and we have collectively failed. We're at the precipice. We're at a tipping point where if this measure does not pass, we're out of here. There are decided benefits to passing an NCD that has economic benefits to our mercantile district and, indeed, that community, because our only industry here is destination tourism. And there's hundreds of thousand dollars been spent to promote this area based on its character, its heritage, and its tree canopy. A lot of words by the Greater Miami Convention and Visitor's Bureau, that's directing people here, and I was involved in making that connection. And if we don't preserve our product, then we will stand to lose the economic benefit, and it's been unjustly denied the residents here, any measure, any measure at all. I've been here 34 years, and has nothing stuck -- nothing has stuck, and we lost units of housing, we 've lost units of housing, we 've lost units of housing. Commissioner Gort was here when I first started. But let me get in this; please indulge me, because this is our life. This is a tsunami of development, and people are talking about building bridges to save us. When I'm drowning in the middle of the ocean, I don't want you to do a study about what bridge will come out to rescue me; I need you to come out and rescue, and that is this NCD. This is the NCD-2, and what it does, it mitigates the adverse effects of market forces. And technology, usually you have to get something to protect you from the technology. It remedies the use of government in action. It preserves the character by the cultural nucleus. It is foundational to affordability. It prevents the complete destruction of this vulnerable community. Further, the NCD-2 includes incentives for affordable housing, workforce housing, and we have design standards that we crafted in 2002, called the "Grand Avenue Vision Plan," and it also provides for the ADUs (Accessory Dwelling Units), the granny flats. And finally, just to wrap up, as we stated here, the Village West and its citizenry is being displaced and destroyed. We have 186 vacant lots, and we need this NCD-2 and the NCD to preserve our neighborhood and its character. Chair Russell: Thank you. Commissioner Reyes: Chairman, may -- can I ask you a question? Chair Russell: Of course. Commissioner Reyes: Okay. According to the gentleman, the West Grove main, I mean, income generator is tourism. If that's the case, why we did away with Goombay? Chair Russell: Oh, I want it back. City of Miami Page 123 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Oh. I'm (UNINTELLIGIBLE) crazy to go about -- I used to go dance with that Junkanoo all the time. Chair Russell: I want it back. We can work on that together. Commissioner Reyes: Okay, let's do it. Chair Russell: You'll get the first conch fritter. Commissioner Reyes: Okay. Chair Russell: Gonzalez. Javier Gonzalez: This has to be important, because I'm actually wearing shoes and long pants so. My name's Javier Gonzalez, 3622 Solana Road; just wanted to add a little bit more background to this topic. I became Chair of the Village Council in 2013, and one of the first questions that I got was, "Why are these big boxes being built in West Grove?" My answer was, "Get to know your NCDs." A few months later, I had someone knock on my door, asking, "Why are the properties being split?" and again, my answer was the same; "Get to know your NCDs." And this happened again and again, and my answer was always the same; "Get to know your NCDs and how it affects your neighborhoods." You know what? The residents did. The presentation you just saw proves that engaged citizens can really move government to act positive, effective, in a democratic way. The document you have in front of you has been crafted by City with tireless input from residents, presented at countless meetings, passed by PZAB, 8-1; endorsed by Grove organizations and residents who care about their quality of life and property values. Not everyone agrees with this document. To be sure, this is a compromise, but one of the cool things about it is it's a living document, and we can revisit it when needed, and today is one of those days. One of the beauties of a democracy is that everyone has a right to participate, and more importantly, choose to be part of it. When issues are presented, we choose to be involved, to be engaged, to have our opinions heard, or we can let others do the heavy lifting and complain after the fact that we don't like this or that. Unfortunately, this is something in this community that we're very well versed in. Those who oppose will always claim property rights, and they're correct; this is a property rights issue, one that directly affects the quality of life for all Grove residents. They will also say that those that are pushing this are a vocal minority. Well, I think that these engaged, informed, and reasonable folks are an educated majority. Commissioners, this has been going on forever, since the '90s. Let's stop kicking it down the road. Pass it, and all of us -- I mean, all of us -- can get back working on the final document. Thank you. Chair Russell: Thank you very much. Is that the end of the PowerPoint? Unidentified Speaker: That's the end of the PowerPoint. Thanks. Chair Russell: Thank you for your patience. We'll go over to the left. Unidentified Speaker: Thank you for your patience. James Kishlar: Greetings. Good evening, Commissioners. I'll be short. James Kishlar, at 3505 Wildwood Circle, Coconut Grove. My wife and I have been residents of Coconut Grove for 35 years. Growth versus value. My take on all -- over all of this NCD proposal really comes down to growth versus value. This is the term used in economics daily and should be equally helpful in evaluating urban planning schemes. Residential growth, by increasing the density through Coconut City of Miami Page 124 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Grove -- throughout all of Coconut Grove, the -- allowing easier access to lot splitting will not increase the value of our neighborhoods. The P&Z, admittedly, is understaffed to enforce the existing NCD-3. How will increasing the residential density of Coconut Grove add value when the P&Z can't even enforce the existing NCD-3 Codes? What the current NCD needs is enforcement, not rewriting. Please do not vote in favor of the replacement of NCD Code. Vote "no." But if you do, make damn sure you have equal and plenty of enforcement by the P&Z to enforce the Code. Thank you. Chair Russell: Thank you very much. Carol Lopez Bethel: My name is Carol Lopez -Bethel. I reside at 3907 Loquat Avenue. The last time I stood at this lectern, Commissioner Hardemon, you said, "Welcome back" And I said, "You'll continue to see me here as long as this system doesn't work," and here we are, three years later. I'm here because I'm also often called the `Mayor of Loquat." I started coming here because lot splitting was allowing as many as 12 houses to be built where there were 3. I can't save the entire Grove; I'm exhausted, but I will continue to come here until something is done to put some teeth into the old NCD, a new NCD; something must work, because every time this is delayed, every time the talk is delayed, I walk around the Grove, and what I continue to see are more trees down, I see more third -story rooftop patios and gardens, I see more diminishment, I see more lack of diversity in what is grown; and every week, every month, since the last time this was called, I can tell you, in the last two months alone, within a five -block radius of my home, more and more diminishment and destruction is happening. So do what you got to do; vote for something; make something happen. Thank you. Chair Russell: Thank you very much. Gale Patron: Good evening, gentlemen. My name is Gale Patron. I reside at 4050 Ventura Avenue, in Coconut Grove, where I am homesteaded. When we bought our land -- our house in Coconut Grove, we bought it for long-term value, not short-term gain. It was a very serious investment, and we plan to spend the rest of our lives here. Coconut Grove, the oldest community in Miami, books describe our unique environment and history. Still, we are a tourist destination just barely, but we are known for our canopy, character, and historical sites, and we are now in trouble, serious trouble. Every day we lose more ground, literally. Planning and conservation studies for the Grove have been around since 1997. I was going to bring one from 1997 tonight. And what has happened really? Nothing in all of these years. About 250 projects, I counted, are in the works right now, and almost all of them are maxed out from maximum square feet allowable or not allowable, in some cases, for profit by developers, with homes completely out of character with all of our surroundings. Our septic tanks and systems are terribly stressed. Our shade, canopy, trees -- you know all this -- they are disappearing, and our streets are torn up. Today -- tonight's NCD revisions allow development, sensible development, while protecting our green space. It's not perfect, but the new rules are sensible. And Consumer Affairs -- this is interesting -- they report the following top factors in home value: Schools, setbacks, green space, safety, walkability, and neighborhood character. These are all the results of decently sensible FLRs. The Grove struggle has continued since 1999, without compromise. We must act tonight. We cannot continue with this 20-year impasse, while our communities are ground down to nothing. Please, I beg you, vote "yes" tonight, please. Chair Russell: Thank you very much. Alfredo Cardona: Good evening. My name is Alfredo Cardona. I live at 3092 Lime Court, and have been there since 2005. I have participated in a number of the City of Miami Page 125 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 meetings here and feel that I have both listened to and heard what most people had to say. I strongly urge you to approve the NCD as it is, and as I mentioned to you in a few visits, because I think we need a structure that we can modify sometime in the future. Thank you. Chair Russell: Thank you. If you could reset his timer, please. Thank you. I just had him reset your timer, because it was already taking time. Unidentified Speaker: Let him go. Chair Russell: Oh. Mr. Diederich. J.B. Diederich: Hey, how are you? Well, I was going to come here and complain about the words "HEP Board" in the Grove. As you know, I'm bruised, because I had to fight for six months to attain an appeal to my two properties in the Grove from historic designation. But having said that, there's another thing that scares me half to death, and that is, "Let's pass it now and let's fix it later." That really worries me. I mean, with all due respect, the last time we heard something similar was, "We're going to do 25 shotgun houses," and we wound up with 50-plus. And then I got sucked into this whole thing, and I lost six months of my life and a whole bunch of money, and I'm just now starting to finish my project, hopefully soon, which is my little house on Frow. I'm not a developer. I'm not looking to demolish, but I really think that if there's going to be a plan, it has to be a real plan, and not something that has to be fixed later. I don't know why we're not having all these people and everybody who's involved here having this conversation, rather than trying to pass some sort of legislation on the first reading now and trying to fix it later. I just don't -- I don't agree with it. I have a big problem with it, because I know that, somehow, I'm going to get sucked into it, and somehow, I'm going to wind up losing. So -- and I'm not talking about financially. I love my little houses, and I love the Grove, and I love the tree canopy, and I love trees, and I plant them all the time, guys, and I'd be wearing a green T-shirt. Look, I'm wearing green, but it's very important that we have a real plan. You can't just pass things and then fix it later. It doesn't work. Doesn't work for me. Thank you. Chair Russell: Thank you. Mr. Diederich: Hope you defer it indefinitely. Chair Russell: Thank you, Mr. Diederich. Neighbors? Kathryn Villano: Hi. My -- Chair Russell: Are there -- just a moment -- still people outside who have not been able to get in yet? Do you see anyone waiting out there that's looking for a seat? We do have some seats. And if you have spoken, please give your seat so someone can get in and hear what's going on. Shall I come back or --? Mr. Snyder. Okay. I'll allow another speaker while the Snyders are preparing. Ms. Villano: Good evening. My name is Kathryn Villano. I live at 2453 Inagua Avenue, in the Grove. I'm a native-born, third -generation Miamian, and I've been a full-time resident of Coconut Grove for the past 30 years. My husband and I purchased our home here in 1995 for what now seems like a small amount of money, and we've seen its value grow considerably. What worries me, though, is that the very things that we think contribute most to its rise in value -- the tree canopy, the scale, the village character -- are rapidly disappearing, as everybody said over and over. With each loss of a tree, with every new monstrous home along my block, the value of my home declines. It's as simple as that. Developers are extracting the City of Miami Page 126 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 value from our neighborhood. The changes to the NCD that the Zoning staff is now proposing after many, many, many meetings and many discussions -- not nothing, and not just, "Here it is, and we'll change it later"; it's very carefully thought out, as you know -- are what we need to preserve our value and to prevent the long-term loss. My family's home is our principal investment, and I urge you to help preserve that by approving the measures today. Thank you. Chair Russell: Thank you. John Snyder: Okay. I think that basically -- Chair Russell: Pull the mike up. Mr. Snyder: Yes. I think -- Chair Russell: Your name, please. Mr. Snyder: My name is John Snyder. I live in -- at 30 -- 3980 Hardie Avenue. I'm the President of the South Grove Neighborhood Association. And I think that many of the people speaking here have the same objective; we differ as to the way to achieve that objective. We think that the present NCD-3 Code -- and I'm speaking about the NCD-3 Code, because I recognize that NCD-2 has different concerns, different problems, and their solution will be different than NCD-3; for example, with regard to affordable housing. The average -- or the median income in Coconut Grove is $111,000 a year, according to the 2010 Census. That was when it was -- we started to have the recession. It was even higher than that in 2000. I don't think they, in general, will need affordable housing in NCD-3. I can understand that affordable housing is needed, but I don't think that your constituents would want people that are earning $111,000, the median income, to be getting a public benefit. I know rich people need affordable housing, too, but that doesn't -- it's not going to go with your constituents. NCD-3, as it presently exists, there are three things I want to point out. The expressed intent of NCD-3: So it's the single-family residential district is intended to protect the low -density residential and dominant tree canopy characteristics, and prevent the intrusion of additional density uses in height. The critical language says that a single-family site shall not be divided, except by warrant. At the time that the NCD was established, there was also guidance on criteria for a warrant. It said, "The purpose of the special permit" -- which was the predecessor of the warrant -- "shall be to ensure conformity of the application with the expressed intent of this district." And in Coral Gables, where this language came from, they find that it's easy to enforce. The Eleventh Circuit Court said that the intent was obvious, and they went along with enforcing it. Thank you. Chair Russell: Thank you very much. Cindy Snyder: All right. We're having a little technical difficulty. Chair Russell: We've got it all up here, though, and I finally read it through. Ms. Snyder: All right. But other people might like to see it, too, and that could be helpful, so maybe somebody else talk while we're waiting for -- Chair Russell: No problem. Welcome. Michael March: Hi. Good evening. My name is Michael March. I live in the West Grove on Charles Avenue, 3586 Charles Avenue. First off, I would like to thank all of the Commissioners for staying so late tonight, going on a 10-hour day, to listen to City of Miami Page 127 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 all of us. This is democracy in action, and I'm very proud of us. I'm here because I was told that these NCD amendments are a working document, and that they can be altered. And ideally, I would like the alterations to happen before the first reading, before it's passed. The item that I'm here -- that I would like to be altered is this stipulation where my neighborhood, the West Grove, also known as the Village West or Island District, is being turned into a de facto historic district, okay? And the reason that's happening is because in the NCD-2 amendments, there's a phrase that says, "Any new additions that increase the FLR" -- or floor -to -lot ratio -- "in our homes has to be approved before the HEP Board," the Historic and Environmental Preservation Board. Now, as some people in the audience may know, several of us did appeal our historic designations within the last year, and I feel that this is just a back -handed attempt to do the same thing, except now they're trying to designate the whole neighborhood rather than simply the wooden homes, such as mine. So what I would like to have removed from these NCD-2 amendments is the stipulation that all new additions in the entire West Grove are subject to HEP Board approval. Chair Russell: I'm going to propose that amendment, absolutely. You're right. Applause. Mr. March: And then I would be interested in -- will things stay the same? Because I live on Charles Avenue, currently, I'm subject to UDRB (Urban Development Review Board) approval for additions. If things stayed the same, I would be okay with that. I'm curious about my neighbors in the West Grove; will they be subject to a different board or you'll just remove --? What's your -- Chair Russell: UDRB. Mr. March: -- suggestion? UDRB for all of the West Grove? Chair Russell: Yes. Mr. March: Okay. That's still -- that going before the UDRB is still a significant effort and expense, and that's something I want all my neighbors in the West Grove to know, because I don't think that anybody is really talking about this tonight. A big burden is being placed upon a historically black neighborhood, and it represents a double standard, in the fact that this burden is only being placed on the historically black West Grove and not the residents of the rest of the Grove. `Rest" rhymes with "west. " And so, I do consider it a double standard, but I am grateful; they are at least not subjecting us to the HEP Board. I would like it to be limited to Charles Avenue, because I know that it already passed in 2011 based on Mr. Cruz's presentation. I already knew it, but I'm on Charles Avenue. I'm willing to accept that, that it's already historic corridor. I don't believe it should be extended to all of the West Grove. I think it's an unfair burden. Chair Russell: Thank you very much. How are you, ma'am? Ms. Snyder: Hi. My name is Cindy Snyder, and I live at 3980 Hardie Road, and I bought my house because it has two huge oak trees, and I care about trees very much, and I care about our neighborhood very much. Anyway, for many of those who signed the "change.org" petitions regarding lot coverage and overbuilding in the Grove, they expressed their opposition to that which was pictured, uncomfortably familiar to them and recently built in the Grove. First pictured were new houses at 3630, 3640 Avocado, and more recently, one pictured at 4111 Hardie. Community residents objected to the houses' massive sizes, relative to the sizes of the newly created -- created in violation of NCD-3 law -- on which they were being built or had recently been built. They were the victims of lot splitting. They objected to the City of Miami Page 128 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 more and smaller sites being created from long, existing larger sites and in direct opposition to the stated intent of NCD-3 single-family district law. We don't need more smaller sites. The lot splitting map in part of the proposal would allow just that. The `Mayor of Loquat" would not like that to happen. We have successfully defended a warrant application, and that has been upheld. The object -- they objected to the small amount of green space remaining relative to the expansive amounts of concrete areas, in addition to large houses being built. The pool area, the covered outdoor kitchen and patio areas, covered parking, and extensive parking, and turnaround areas, even if painted green or covered with Astroturf these densely paved areas are not, nor will ever be, permeable green space where a tree could grow or a septic drain filled function properly. The overall scale of these houses is not compatible with the neighborhood. These are examples of what the community object to and are out of scale with the existing community, but under the proposal, with all the exclusions, would be allowed. This is not acceptable. This is a very bad definition. It is confusing, it adds no clarity, and it does not do the job. While community members have been working at strengthening enforcement of NCD-3 Code, single-family residential code, it is apparent that the Planning Department's proposal would address issues by weakening NCD-3 law. Many meetings and hearings have taken place. At the Commission hearing in the summer of 2016, this community spoke out against many errors in enforcement and the overscaled building in our midst. All five Commissioners pledged their support to work toward better enforcement, to uphold the intent of NCD-3, which has, indeed, improved. We appreciate and thank you for that. However, along with that, has come pushback -- Chair Russell: Thank you. We need -- you need to wrap up. Ms. Snyder: -- in the form of attempts to change this Code, its intent. Its intent must not be changed. Thank you. Chair Russell: Thank you very much. Guillermo De La Paz: Good afternoon. My name is Guillermo De La Paz. I live in 3441 Charles Avenue. Congratulations, Chairman, in your new position. Chair Russell: Thank you. Mr. De La Paz: At least we can get to talk to you. I was born and raised in a communist country. Commissioner Hardemon: Was that for me? No, no. He said, "At least we can get to talk to you." Mr. De La Paz: To the Chairman. Commissioner Hardemon: Do you mean, you couldn't talk to me as the Chairman? Chair Russell: Uh-oh. Here we go. Mr. De La Paz: No, to him. Commissioner Hardemon: No. I'm asking. I just want a clarification on what you said on the record. Are you saying that you couldn't talk to me as the Chairman? Mr. De La Paz: No. I'm saying that I cannot talk to my Commissioner who become a Chairman, so I can talk to him now. City of Miami Page 129 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: I don't understand. Okay. Unidentified Speaker: It wasn 't against you. Mr. De La Paz: It wasn't against you. Commissioner Hardemon: You love me, right? Mr. De La Paz: I'm sorry? Commissioner Hardemon: You love me? Mr. De La Paz: I love you, man. Commissioner Hardemon: Okay. Mr. De La Paz: And I need your vote today. Anyway -- Commissioner Hardemon: Because I have more time, I could be petty. I got a lot of time now. Mr. De La Paz: I hope you (UNINTELLIGIBLE). I was born and raised in a communist country. I was told what to eat, what to think, what to -- how to dress, and how -- more especially, my life was under control of the government. I was able to escape when I was 25 years old. I had to learn about mortgages, insurance, credit card loans, taxes; and I came to this country, the land of the free and the home of the brave, and as I -- as -- for working hard, I was able to build a house to my family. I decided to build a big house that I can stay in the family for years. My house consist about 146 square yards of concrete. I have concrete roof. My insurance is about 1,800 a year. I have been called drug dealer, a trafficker, a Cuban, a developer, a Venezuelan. I have been accused of taking trees down, and this is not about the trees. This is a small group of people in Coconut Grove trying to manipulate who's moving in town, how big are their houses, where they coming from, and where they have make the money. We have talk here about trees; we don't talk about people. We don't talk about the impact that this legislation will take, especially on the West Grove that have 186 empty lots. If you take 30 percent of those 186 lots, we're talking about $132 million in real estate values taken away from that community. We talking about the NCD-2. The NCD-3 apply from the South Grove; the NCD-2 apply for the black Grove. So we 're going to train Code Compliance officer to treat a specific area of the City different than the other one to comply with one Code on the West Grove and one Code on the white Grove? This is crazy. This is 2019, 2019, and we're talking about segregation with Zoning and Building Code. Chair Russell: Thank you very much. Next, please. Anthony Vinciguerra: Hi. Good evening. My name is Anthony Vinciguerra. I live at 3325 Charles Avenue; have been there about 15 years. I just want to speak briefly in strong support of the NCD-2, particularly of the NCD-2 element of this amendment. It's been said that we protect and preserve what we value. I find it sort of strange that there's been a lot of discussion tonight, folks saying that the Village West isn't a historic area, or the language about it being historic should be taken out. I don't think there's a historian in the State of Florida who wouldn't recognize Village West as having incredibly important historical value, architectural characteristics, and an amazing legacy of cultural influence, and history of a community really helping build the City of Miami. I was shocked to find out that there's a demolition permit put in for two of the oldest houses on Charles Avenue at 3295 Charles, at the very beginning of the street; two of the oldest shotgun shacks City of Miami Page 130 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 directly across from the Moriah Brown house, diagonally across from the Stirrup house, could be demolished and put into another empty lot. I understand the NCD might -- NCD -- NCD-2 might not be perfect, but it's a step in the right direction, so I'd just really encourage you all to support it, to pass it tonight, and to move forward. Thank you. Chair Russell: Thank you very much. Next. Jose Fernandez-Calvo: Good evening. My name is Jose Fernandez-Calvo. I live in 3651 Percival Avenue, in West Grove. Chair Russell: Yep. Mr. Fernandez-Calvo: I'm not happy with NCD-2. I'm here to speak against it. My main issue is that the problem that I feel we have -- Across my house there are two empty lots; the one next to me is empty. I think that the current proposal for NC-2 JsicJ is actually going to incentivate [sic] more empty lots, and I think it's going in the wrong direction. A previous speaker was talking about going before the board with approvals for construction, and all these things just make it a disincentive. One of the lots in front of my house is owned by Dr. Simpson, who we all know is a very wealthy man who owns a whole lot of property in the West Grove. That lot has been empty since he inherit it -- I don't know -- back in the '70s. The lot next to it is owned by a developer, who bought it recently after the crash, and hasn't built anything there yet. I think that if you really want to help the West Grove, you have to think on how we're going to solve the problem of the empty lots, and the current proposal works against it. It makes the main problem we have worse, not better. Chair Russell: Understood. Mr. Fernandez-Calvo: Thank you. Chair Russell: Thank you. Good evening. Marcelo Fernandes: Good evening, Commissioners. Marcelo Fernandes, 3523 North Bay Homes Drive, Coconut Grove is my homestead; 3936 Main Highway, Coconut Grove, is my office. I am -- went to high school here. I have -- my kids went to school here, and I am -- my day job is, I'm a general contractor, a developer, and also the Chair of the Village Council. So this week I sent you all a recommendation letter by the Council, and I'll quickly paraphrase it, or some of the important items. I can attest personally that there have been thousands of hours dedicated to this legislation by your various departments, staff as well as many residents and stakeholders of the City of Miami. This legislation is extensive. It covers many different Planning and Zoning regulations that affect all areas, all residents and property owners of Coconut Grove in many different ways. Therefore, this is not one simple decision, nor one discussion involved in passing this much - needed amendment to the existing NCD-2 and NCD-3. Coconut Grove Village Council has actively solicited individuals and groups for feedback regarding this legislation for many months. It has been a discussion item on our agenda numerous times. We've received town hall meetings, made public comments available and presentations. We have worked with residents, stakeholders, associations, civic groups, religious organizations and many City departments to engage, inform, listen to as many opinions as possible from all the constituents. Our extensive outreach has resulted in recognizing currently five items proposed in this legislation that should be clarified. Once clarified, the Village Council is confident that this great majority of residents and stakeholders will be in agreement with the proposed legislation, as approved by PZAB. This process is not just, "Pass it and we fix it later." It is to continue to work with this community input and discussion. This first City of Miami Page 131 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 reading's purpose is to identify issues and allow all of us to keep working on it. A first reading is in no way an approval of the items, but to keep it in the forefront of the community and the City. Another deferral by this Commission will just keep everyone handcuffed, and no progress on this important issue. Coconut Grove Village Council respectfully requests this reading of this item be held tonight and specific direction given to the Planning Department to adequately define items of focus, required to make the second reading most productive. There's no benefit to anyone for or against this item to defer it once again. Thank you. Chair Russell: Marcelo, how many members are there on the Village Council? Mr. Fernandes: There are nine. Chair Russell: Nine. And they're all elected by the residents of Coconut Grove? Mr. Fernandes: Correct. Chair Russell: And what was the -- their vote in terms of for or against NCD revisions? Mr. Fernandes: Unanimous. Chair Russell: Thank you. Mr. Fernandes: And I may add, we have residents from North, South, and West Grove evenly distributed on our panel. Thank you. Chair Russell: Thank you very much. Next. Doreen LoCicero: Hi. My name is Doreen LoCicero. I live at 3842 Kumquat Avenue. And Mr. Gort and I served on the Planning Advisory Board for like 10 years, so we're very familiar with all the things that go on in Coconut Grove. I've been before you many, many times complaining about the same things, as everybody else has. Ironically, my neighbors, the Keslers, who complained about the house next door that has sat vacant for 9 or 10 years and it's constantly causing problems, they just removed a bunch of trees from the hurricane, like the week of Christmas, and just had a big pile of debris there. The lot that had a beautiful doctor's home, with a pool, with a carriage house, was leveled, and now the lot sits empty. And the lot next door to me that has two McMansions on it destroyed a beautiful oak canopy that had been there for probably over a hundred years; huge trees, and the tree just came down and fell from one McMansion onto the other McMansion's roof and crushed their fence. Why? Because the house is twice the size of what it should be, and the beautiful oak trees are dying, they're falling down, they're diseased, and this is a constant problem. And I just want to show you -- my neighbor, also Carol, just took a picture in the lobby of lobbyists meeting with developers, to show you the kind of stuff that goes on here. This -- you know, this impropriety -- I mean, this is happening. We're fighting for our neighborhoods for our lives. We've lived in Coconut Grove. I've lived on 3842 Kumquat Avenue. I'm the second owner of the home. I bought it from the original builder, who built it with his own hands, with his father, and I'm fighting for my neighborhood. I -- you have to preserve the Grove, because if we don't, we're going to lose everything. We've lost a lot when we lost the Playhouse. We continue to lose real -- retail, and our houses are just being overcrowded -- Chair Russell: Thank you. Ms. LoCicero: -- by ugly monstrosities. City of Miami Page 132 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you very much. Unidentified Speaker: May I please say something? Chair Russell: I'm sorry. Unidentified Speaker: I'm the one who took the picture. May I please say something? Chair Russell: I actually didn't really see what the picture was, and I really don't want to get personal on who people are and making any accusations. I real -- it was fuzzy; I couldn't see it; I really don't want to, and it's not really actually on the record because it wasn't submitted. But I was going to ask to please not show pictures of people and personal -- Unidentified Speaker: May I just say that when public officials and paid lobbyists speak, when we are here begging for -- when public officials spend time with paid lobbyists and attorneys and developers, when we are in here begging for our lives at the exact same hour, just on the other side of this wall, it does not -- it is the perception of impropriety -- Chair Russell: Please. Unidentified Speaker: -- and it does not build trust in the public. Chair Russell: Thank you. Thank you very much. Once you've had your time, please, either exit so more people can come in, but you can't speak twice. Come on in. Clio Crawford: Hi. My name is Clio Crawford. I live at 2325 Tequesta Lane. And on my little block, Tequesta Lane, it's only about 16 houses facing one another. Of those 16, over the last five years, three have been completely leveled and rebuilt, and another two are right now completely leveled and being rebuilt with footprints that are so enormous that one was actually in the appeals process for a long time. The developer also had taken down trees illegally, but has pushed ahead, regardless. I feel as though Coconut Grove, which is so beautiful, is like an eco-tourist destination. It's somewhat -- it's the victim of its own success. People want to come here and move here, because it's so beautiful, but in coming here, they ruin the very thing that they want to find. I feel that we're not the victims of our own success, so much as the victims of the avarice, the unfettered in many cases, avarice developers, and that you are the only people who can protect the Grove, so please do. Thank you. Chair Russell: Thank you very much. Carolina Uribe: Good evening. Carolina Uribe, 3130 Jackson Avenue. I'm here today to support the proposed NCD revisions. As a Coconut Grove homeowner and resident, I am not against development. I am against, however, overdevelopment, as well as irresponsible development. I grew up in Miami. I went to school in the Grove. I have been a witness to the mass destruction of our tree canopy and many other characteristics that make the Grove so special; the same characteristics that make it a sought-after neighborhood, with people willing to pay a premium for a small home on a small lot. There's a misconception that overdevelopment will increase our property values. Big homes on zero lot lines and no trees will have the opposite effect. When my husband and I purchased our 1,200 square foot house in the Grove, we could have bought a bigger house, double the size with a bigger yard, City of Miami Page 133 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 for the same amount of money in another neighborhood, but we weren't concerned about the size of the house; we were concerned with being able to buy something in the neighborhood that we always dreamt of living in. Our house was built in 1982. We gutted it and remodeled it, and we love our home. Our view from our roof deck used to be trees. Unfortunately, our current view is a huge white wall, flat roofs, and two AC (air conditioner) units that are not only an eyesore, but also a nuisance, as far as noise goes. My major concerns are the footprints of these new houses, the lack of the green space, lack of permeable area, height, and destruction of the trees in order to fit bigger houses that, quite honestly, don't fit in. Developers aren't following the current Code. Just take a walk around the Grove to see violation after violation, from setback to illegal rooftop staircases to trees being illegally removed. Developers think that they're above the Code, and it seems to me that they are. Nobody seems to be doing anything to stop them, but instead, enabling them. Unfortunately, residents don't have the deep pockets developers have to hire attorneys and individuals to lobby on their behalf. We aren't getting paid to fight our fight to protect our neighborhood, but others are being paid to destroy it. We need to strengthen the Code and enforce it. Thank you. Chair Russell: Thank you very much. Carolyn, welcome. Carolyn Donaldson: Good evening. Hello. My name is Carolyn Donaldson. I'm on the board and Financial Officer for Macedonia Missionary Baptist Church, which is the oldest black church in Miami -Dade County. I'm here to support the ordinance that was submitted to you earlier today. And out of no disrespect for a number of the concerns that have been raised to you here today, ours is different, Commissioner, because, as you mentioned, that we come with different positions. My position is that of a people, because West Grove is losing people. They're losing people that look like me. I grew up in the Grove. I was raised in the projects. And so, I have a certain affinity for what happens to the Grove. Last time I came before you, I mentioned primarily some of the modifications of the NCD-2, such that it would stop the bleed and prevent further housing displacement of residents in the West Grove, because that's what's happening. If we continue along the path that we're on right now, you will have little or no black faces left in the West Grove, and we were here before the City of Miami was incorporated, and it would be a shame. We have lost a people, we have lost a culture, we have lost all of that history, if we continue along this path. And I certainly understand that the NCD was put in place to protect us, but there are obviously gaping holes, because developers have been able to do lots of things very different than what was intended. So today, I'm here to make the argument that really advances our discussion and our request, and challenge, really, each of you for your cooperation in developing solutions that will address these simple facts that, whether intentional or unintentional, it's racial discrimination. There's residential segregation that's going on and neighborhood disadvantage and instability of those impacted both in the past -- in this past 10 years, those that are presently at risk of either losing their homes or rental properties or apartments being torn down for a development, and also future residents of Village West, who could potentially also be at risk. Thank you. Chair Russell: Thank you, Carolyn. And could I just say, one of the most important changes in this entire amendment is one word, and for developers that currently "should" do something; it now says, they "shall" do something, and that's a big difference that means enforceability, which we did not have before. Thank you for coming, and thank you for your words. Ms. Donaldson: Okay. We'll be looking forward to that, Commissioner. Chair Russell: I apologize. I let you go on a little. I was -- City of Miami Page 134 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Donaldson: Thank you. Chair Russell: -- sucked in there and couldn't stop. Deborah Dolson: Ready? Chair Russell: Thank you. Ms. Dolson: Debbie Dolson. I'm homesteaded at 4205 Lennox Drive. I've submitted into the record two petitions, totaling 2,358 signatures. The first petition supports a .5 FLR; the second petition supports protection of our property values and this legislation. I would like to read just a few of the scores of comments by the people that signed these petitions. I wish I could read more. I'm signing because this affects my real estate value, my lifestyle, and my home. Communities like Coral Gables, Key Biscayne, and even Miami Beach all have FLRs of .5 or lower. Those cities have great real estate markets. Why should we be higher? Authentic and distinctive neighborhood character has become a critical economic asset in the Twenty -First Century. The Grove is losing its authentic character with out -of -scale houses. If we want to reduce flooding, we need more soil and less concrete. As a realtor who lives in the South Grove and sold hundreds of homes in the Grove over 40 years, and past president of the Homeowners Association, I truly believe the defoliation and destroying the ambiance is going to bring down property values and the quality of life we have here in the Grove. I'm signing for all of the above. I'd also like to share a quote from the sunshine meeting that I went to with Commissioner Reyes. I was impressed by his passion, and he said, quote, I will do anything I can to help the people of black Grove." Village West is here today, and they're asking for your help by passing this legislation. In October, my husband and I met with Commissioner Gort and Commissioner Hardemon's Chief of Staff,• both told us that the Commissioners needed to see a show of community support. These signatures and the public comments today, and all the people here who are in green shirts have demonstrated that support. Commissioner Carollo, you -- he has been active in efforts to prevent Little Havana from becoming de-Latinized. I admire that dedication, and I -- his concern for losing heritage could also apply to Village West. I appreciate Commissioner Russell's efforts to facilitate meetings, remain neutral, and allow this resident -driven initiative to be heard. I hope that our Commissioners will back up their words by voting to pass this legislation. Chair Russell: Thank you very much. Hello, Ruth. Ruth Ewing: Good evening, Commissioners and meeting attendees. Resident, 3620 Percival Avenue, Coconut Grove. I'm president of the Elizabeth Virrick Park Committee, a non-profit community organization. I'm also a participant on the task force, which is a coalition of Coconut Grove churches, civic organizations, and nonprofits. I'm in favor of and supporting the amendment, Appendix "A," for NCD- 2 and 3, regarding new regulations, standards, and guidelines. I also ask that the Commission would also be mindful of the concerns presented to the Commission, which were respectfully submitted from the task force in writing. I'd like to -- through the Chair, I'd like to read from the letter that was submitted to the Commission today from the task force. The concerns that we have include remedial actions for NCD-2: a 90-day moratorium, pending FHA, or Federal Housing Act, Compliance Review; NCD-2 disparate impact and segregative effect, assessment, and mitigation; NCD-2 warrant notification; 30-day right of appeal and fee waiver; mandatory inclusionary zone in all NCD-2 and NCD-3 housing development projects to include affordable and house -- affordable housing units equal to 50 percent of equivalent units constructed within the project; contributions to affordable workforce housing; public benefits program; binding community benefits agreement and fund contribution regarding current and new NCD-2 constructions, City of Miami Page 135 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 additions, and demolition applicants for warrants, exceptions, permits, and certificates of use; penalties for noncompliance; compensation for displaced tenants and homeowners, and a right -to -return preference for displaced residents; all past, present, and future NCD-2 residents displaced by construction, addition, or demolition. Thank you. Chair Russell: Thank you. Adele Myers: Good evening. My name is Adele Myers, and I'm a homesteaded homeowner at 4360 Lennox Drive, in the Grove. I am also an arts faculty member at New World School of the Arts. I'm just here to say that I do support the rewrite. I believe it is a compromise, but it is progress. I think that it will help to close the loopholes, which have been the most frustrating parts about it, I will say as a community member. It leaves us feeling helpless. The language and the intent needs to be clarified, and that is what this does. It's a step in the right direction. I agree that there does need to be enforcement, but let's clarify the intent before we would know what to enforce. Thank you so much for your time. Chair Russell: Thank you very much. Sir. Jose Perez: My name's Jose Perez, and I have -- I'm a homeowner in the North Grove since '85. I remember when the Grove -- when the Cen -- when the Grove -- when the Village had the Winn Dixie. There was a Winn Dixie in Mayfair. Now, I have like an eclectic point of view. First, I have heard, as if it's, you know, the wisdom, that rooftop terraces are a bad thing. I think rooftop terraces are a good thing; better place to look at the canopy from, and you can see it, because I've been to some of those very maligned rooftop terraces. You can do -- you can see the canopy from there. That's one. Two, yes, we are losing our canopy; true to a degree, yes, but wait till the Hurricane 5 hits; then it'll all be gone. Three, trees don't live forever. Just because some old oak -- and I've got oaks in my property -- some old oaks are gone, for whatever reason, doesn't mean they can't be replaced. I mean, trees are like people; they die of old age, if anything. They do die, and they are replaced, so there's nothing wrong with bringing in -- not palm trees. Palm trees are not trees; they don't have branches. They just grow up, up, up, up, until they die, get -- leafy yellowing. They're not really good. They're cute. They're cheap. Now, I think developers should be instructed to place instead of palm trees -- and I planted some palm trees when -- before they were considered frees. Now I can say, "Hey, I've got a free now, you know. Suddenly, I've grown a tree I didn't want to grow." And I chose palm trees specifically, because initially, they were not a tree, so it lets you kind of get it out, if you need to, or if you so desire. Now, just because you take out a tree doesn't mean you can't replace it with another tree. I've seen many -- not just oaks -- I've seen some original Dade County Pine that are planted in -- right around my neighborhood. You can go big ticket and start planting -- requiring that developers go with lignum vitae. You could have 5,000 lignum vitae in Coconut Grove; in 30 years, would be like the lignum vitae capital of the world. Chair Russell: I'm about to lignum vitae this hammer; it's -- time's up. It is actually lignum vitae. I didn't mean to be rude. I was kidding, sir. You had well -exceeded the time. I was kidding. Please. Katrina Morris: Hi. Katrina Morris. I am homesteaded at 4130 Lybyer Avenue. I think it's interesting; he said, "You can see the canopy from the rooftops." I think this is about our property values. I have an illustration here. I feel like the large houses are kind of banging on everybody else's preservation of their own homes and our yards that are so lush. They get to look at our yards; whereas, we get to look at their walls. So if you look here, you'll see my view of all the walls, and then you'll see their view of our house, which is nice and green. So I would ask you to pass this City of Miami Page 136 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 tonight. I do not get paid to go to -- I don't know how many meetings I've gone to. I don't know how many -- every time -- I'm missing a writing group that I love. We only meet once a month. I'm not there, because I care about this. So I'm not being able to follow -- go on with my life. I don't want to be here anymore. Please pass this. Please. Chair Russell: Thank you very much. Ms. Morris: Okay. Chris Baraloto: Good evening. My name is Chris Baraloto. I'm a resident of 3752 Kumquat Avenue, in the Grove. I'm a proud parent of two children at Coconut Grove Elementary, one of whom is at Coconut Grove ballet, and I'm going to rush out to pick her up in a moment as she finishes. I'm here really for three reasons: One, as a concerned resident who endorses the idea that we need a revision to everything that's being discussed this evening; two is, I am a tropical botanist and a scientist by training. And from everything that's being said that I've witnessed tonight and some of the discussions I've read, I really feel as if we need to have this discussion around this proposal, the tree ordinance proposal, and associated documents, and that we, as scientists, have a word to add to this discussion, and I want to go on the record to say that I'm willing to help as we make these revisions. The third reason I'm here is because I'm also Director of the International Center for Tropical Botany, which is a collaboration between the Kampong of the National Tropical Botanical Garden and FIU. And I was a witness to some comments that were made about why FIU is part of this collaboration with the Botanic Garden and what's going on with this, and I wanted an opportunity to invite anyone who has questions about this project to come and speak with me at the Kampong to learn more about what we're trying to do and how we, as specialists in learning about the environment, want to establish a research center that really becomes an environmental hub for activity on research and education in Coconut Grove. So it's nice to meet everyone, if I haven't met you, and please come and visit me sometime. Chair Russell: Thank you very much. Ms. Renescha. Renescha Coats: Hello. My name is Renescha Coats. I'm here to speak against this proposal, because the NCDs have been there, and it has not protected our community. Our community is gone. There is no West Grove. The little houses that are left are like nothing, you might as well say. Like, for me to ride through the Grove with my children -- which we get up 6 o'clock every morning to come to the Grove so my son, my autistic son, can catch his bus, and the other kids could get to school on time -- and us ride through the Grove, and they're like, "What happened to poppa's house? What happened to this?" And I can't tell them what happened to anything. But to get here and to hear these people talking about, "Where are the butterflies going to go? Where are the trees going to go?" Where are the people going to go? Where are we going to go? My children don't play outside. I stay on 2545 Northwest 61st Street. My day consists of getting up at 6:30 in the morning, bringing them to the Grove for school, then I go to work; then after work, we have either football practice or basketball practice, because my kids refuse to play anywhere other than the Grove, because my children tell me, I am from the Grove." So I make that sacrifice, and I'm here with my children every day, Monday through Friday, she will tell you. We're here. My kids' teachers are calling, because they're tired, and you guys are talking about trees. What about the people? What about our community? What about all our lost children? Applause. City of Miami Page 137 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Coats: My kids cannot play outside. When I have to work on the weekends, I have to drop them off at my mother's house. My mother stays on Northwest 56th Street and 3rd Avenue, and you know how many shootings happen over there? Do you know how it hurts me to pick up --? My children, like, `Mommy, we can't play outside. We have play in the backyard, because they're shooting." They shot my mom's car. In the Grove, they can ride their bike, they can play, they can -- they're safe. They could walk to the store. They're safe in the Grove. But unfortunately, we cannot -- we don't have a Grove. You know why? Because you guys want to save canopies, instead of saving people. People are leaving here. And where are we going? Applause. Ms. Coats: Well, no. We're going on a plantation in Homestead soon. That's -- like that's ridiculous. And you guys want to talk about, "Trees are dying; the butterflies, where are they going to go?" Where are people going? Chair Russell: Thank you. Thank you. Applause. Charles Treister: Good evening, Chairman Russell and Commissioners. Before I speak -- by the way, my name is Charles Treister. I'm an architect and a Grove resident for over 60 years. One of my neighbors wanted to be here tonight. He was under the weather. He asked me to -- he has prepared a petition, which I'm going to pass out to everyone. It's basically -- my neighbor is Jose Goyanes. The petition is basically saying, "Preserve property rights." It's people who are not in favor of these changes, and he's gotten 1,900 signatures for this petition. So I'm going to pass it out to the people -- to the Commissioners on behalf of Mr. Goyanes, who couldn't be here. My position on this -- I love the Grove, I'll start by saying. I love the trees. I've lived here my whole life, and I'm in favor of the general theme of this proposal, but I can't back it the way it's exactly presented, for three reasons: Number one, the reduction in the area that you can build from an 80 percent to a 50 percent, I think, is too severe. The reason I think it's too severe is very specific, and I'm going to pass out a little sheet that explains it. Many of the lots, as we all know, in the Grove are 5,000 and 7, 000 feet. And some are 8,000, some are 6. If you make that reduction, you're going to limit the size of what you can build on a 5,000 foot lot, you could only build 2,250 -- you build a 2,500-foot house, but if you wanted to build a garage, that comes out of that as well. So you'd be down to a 2,250-square-foot house, which doesn't work in today's world. A 3,000-foot house, 3,500 would be 3,000 with a garage, or 3,100; it doesn't work. Many of the houses in the Grove, the stock is older homes, and many people want to add onto their homes to modernize them, and there are many people that want to build new homes. This would stop it. And I think if it passes, it will lower property values, it'll hurt the current homeowners and the City, because it'll lower the tax base. Commissioner, if I could have just your indulgence; two more points. The height limit was also proposed, to reduce it from 25 feet to 22 feet. I think that's a mistake as well. I think we need to have the flexibility to build the houses, to build the sizes. And the last point, there's some minor things, one of which, again, could be just an oversight, but one of the things the current Code said is, "You could build a canopy or an awning in the backyard" That seemed to be taken out. But I think the general -- my general point is this: We want to save the trees, we need better enforcement. I'm all in favor of increasing the green space to 40 percent if we can come up with a reasonable number; 65 percent. I think it keeps the property values up. It doesn't eliminate the people's ability to build and modernize their homes. Please do that. Thank you. Chair Russell: Thank you. And -- yeah. Thank you very much. City of Miami Page 138 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Treister: And I'm going to pass this out to you. Chair Russell: And by the way, on the height, one of the amendments I'm going to be recommending is an overall 25, including parapets or anything else, so that it's not about trying to make a mathematical calculation. It's just, what's the overall height? You want a 22-foot roof and a 3-foot parapet, fine. That's one of the amendments I'm willing to definitely compromise on. Commissioner Hardemon: Can you -- what's a parapet? Chair Russell: It's that little -- a little thing that's not roof but it's not wall. It's the wall at the top of the roof. Francisco. Commissioner Hardemon: The wall at the top of the roof. Chair Russell: Wall at the top of the roof. You got your roof height, and then you got a little mini wall above the roof. Commissioner Hardemon: Why do you have mini walls above the roof? Chair Russell: Let's say you're -- Commissioner Hardemon: It's what? Chair Russell: It could be decorative. It could be a barrier of protection. Commissioner Hardemon: Oh, it's like a decorative thing; a wall above the roof. Chair Russell: Yeah. Commissioner Hardemon: No. Help me. I want to -- I really want to understand this. Chair Russell: So a lot of the flat -roof homes, for example, they actually have above the flat roof a little mini wall. Commissioner Hardemon: Got it. I've seen that. Chair Russell: That's what it is. Commissioner Hardemon: Got it. Chair Russell: Okay. Commissioner Hardemon: A parapet. Chair Russell: Yes. Thank you. Please. George Menendez: Hi. Good evening. My name is George Menendez. I hate to be redundant, but I also agree with the gentleman who just spoke. I've been a resident of Coconut Grove for over 16 years. I've lived in Shipping Avenue, Carter Avenue, Plaza Street; I currently reside at 3677 Frow Avenue, and I also am not in favor of it. I love the trees as well; love the Grove, still love the Grove, always going to love the Grove. But these changes, they're affecting everyone, and the main problem is that they're -- there really hasn't been an analysis of what's going to happen as far as traffic, what's going to happen if they increase the density. They're really allowing City of Miami Page 139 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 all these commercial properties to do whatever the hell they want, and they end up putting these big huge buildings next to these small little houses. And I'm really concerned about what's going to happen as far as traffic; you know, parking spaces are being reduced. Where is everybody going to park at? And I just think that if we had more time to know what's going on and look at a better research, then we can make a decision. So I really think they should just indefinitely defer it for now, because we've only -- I've only heard about this like eight days ago, and it's not enough time to really digest it. So I agree with changes, but just have time to kind of digest the whole thing. Thank you. Chair Russell: Thank you. Miriam Wedderburn: Good evening, everyone; to the Commissioners and to those that are here in the audience. My name is Miriam Wedderburn; born, raised here in Coconut Grove. I'm a parishioner as well. So not only am I a resident, but I'm also here as a leader in my church. And we can just talk about being residents and how it affects us -- how the non -enforcement of the NCD affects us, but it also affects the parishioners, because our church attendance is very, very low, and it pushes those that are the historic residents of Coconut Grove further and further out into places like Homestead, places that they don't want to be. Okay. Ifyou want to know what's best for Coconut Grove, ask the historic residents who have pure interest and a connection here; ask the transplants and friends who have come and stayed here and are enamored with our Caribbean and Bahamian aesthetics; the charm that's all the Grove's own. I am in favor of passing the changes to the NCD so long as it is enforced to the letter, and I mean that, because we have an existing NCD that has not been enforced, and that burden to enforce it is on the City to enforce. It has to have teeth, and it has to be something that developers, when they see it -- those that are speculating to come here to the Grove to buy -- they know and are put on notice that you're coming into a neighborhood where there are restrictions to what you do here, and that there are consequences that will be enforced. The more we wait, the more we delay, the more we defer, the more we will continue to lose what remains of what is familiar of our beloved Coconut Grove. However, I am not one of those that will drive up and down Grand Avenue and think that we're too little, too late. I don't believe that we're too little, too late. The Grove is far gone, but the Grove is not too far gone. And so, again, the burden is on the City. The burden is on the Commissioners to do what is right, to do what is needed right now. There is no more delay. There is a fierce urgency of right now. Thank you. Chair Russell: Thank you very much. Unidentified Speaker: Hello. I've got some handouts to pass out, but -- Chair Russell: Would you like her to go first, while he does that? Unidentified Speaker: Yeah, go ahead. Chair Russell: Thank you very much. Unidentified Speaker: Oh. One second. I have to open my file. Chair Russell: Oh, you aren't ready, either. Larissa, go ahead. Larissa Ozols: Okay. Larissa Ozols, 4191 Braganza Avenue. I'm a member of the Coconut Grove Village Council and a founding member of Grove Watch Group. The Clerk's going to hand out a picture that I really want you to study and look at pretty closely. Imagine if all of it looked like what is in the yellow square. Imagine if Coconut Grove looked like what's in the yellow square. Historically, our town has a City of Miami Page 140 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 ratio of green space to as -built space than -- that's greater than the rest of Miami. It's the greenest neighborhood in Miami. Let's have another fact. Where there are trees, there cannot be structure; where there are -- where green space allows water to soak into the aquifer beneath Miami. Green space means letting open space and trees do what our storm drains cannot; passively recharge our aquifer beneath us with rain water. Rain water in keeps salt water out of our aquifer. Also, if we have legislation to promote reasonable development in Coconut Grove, it's good for all of Miami, and that's why I support this NCD legislation. In an August 8, 2018 Bloomberg Business Week article about Miami, they say, "Without an abundant source of fresh water, this hot remote city could become uninhabitable." A June 2018 Herald ed-op about our fresh aquifer system says, "The salt water is coming, and we must do more to meet the growing threat beneath us." The Sea Level Task Force repeatedly promotes green space as a way to recharge our aquifer and combat salt water intrusion. Green space means reducing, not expanding, lot coverage. A reasonable Zoning Code that promotes green space is good for all of Miami. All of Miami drinks from the same bowl. Remember, rain water in keeps salt water out. Chair Russell: Thank you very much. And we're almost there. This is the last group on either lectern, and I really want to thank all of you for coming and my fellow Commissioners for all of your patience and interest in this issue that isn't even in your districts, but it obviously affects the whole City. So thank you. Please. Rhonda rose: Hi. Okay. My name is Rhonda Rose. My family moved -- my parents moved to the Grove 34 years ago. I'm currently living in the Grove. Somebody had mentioned earlier that we're a democracy, and I just want to reiterate that, and make it very well strongly stated that I feel that when you're reducing the value -- I mean, the size of a home that you can build from 4,000 to 2,500 square feet on a 5,000- square-foot lot, you are reducing the value. It is not a democracy. It's taking away property rights, and I feel very strong about that. There may be able to be some kind of a compromise of course, but that, in and of itself, when people bought it at a certain time with certain zoning, thinking certain things, you know -- yes, some of us, like investors, who also have some properties in the West Grove, will be affected, but the ones that will be affected the most are the current owners that have owned it for generations, who are going to be losing the value, at least $100, 000 per family if this passes the way that you structured it. As far as the trees and the canopies, you know, I think it's wonderful. Pass it. I mean, that's a good thing. Everybody loves the Grove, everybody loves the trees, and I'm sure maybe with this gentleman who spoke earlier, there will be a way to learn more about how to make both sides happy. But as far as the value for property owners, anybody who is in this room needs to understand -- I've been in the real estate business my whole life. I'm third generation. I've made a living and money from real estate, and your values will go down if it's -- for the 5,000-square foot lots. Maybe you can make it the 5 to 7,000- square-foot lots at a minimum of 3,500 square feet, and then go up from there. But when you're getting smaller, it really -- it affects you the most for the people who own the smaller lots in the community. So I would propose that you maybe consider the suggestions, some of them, either side today, and unless you can make a definite decision today and let everybody know what it is you're voting on to know if it's something that's, you know, satisfactory to the majority of the people, but thank you so much, and good luck with it. Chair Russell: Thank you very much. Ms. Parks. Kathy Parks Suarez: Good evening. Thanks for having us. I wasn't going to go there with this, but I can't help it. The trees, the trees, the trees. I have a 13,000- square-foot lot, and I have probably the best trees anybody could go up against. It cost money to maintain those trees, a lot of money, and a lot of people aren't doing City of Miami Page 141 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 that, and the City isn't either, because at Merrie Christmas Park, we have a tree on a cart two days ago, and 24 hours later, the City still hadn't even picked up the glass. Trees, trees, but not families, not children. We're losing the working families. As my girl, Renescha, said, she commutes here. How long before the schools tell her she can't commute here? When the new pool is built, she won't be able to use it, because she doesn't have a 33133 zip code, unless she pays. We've done nothing about the displaced; absolutely nothing. They're gone, and they've had another life somewhere else. Some of the kids have left our schools. This is not right. There's money that was allocated to these people. Where is it? They didn't all get it. Some came with a lot of strings, with ropes, with razor blades in it. However you want to call it, but we didn't know that; even Commissioner Russell, you didn't know it, either. People couldn't find anywhere to go. I've been everywhere. I've been to the plantation. I've been to 2545 Northwest 61st Street. And Anthony -- you know him -- he doesn't like it there, and he gets on me every day, that I let her go there. He blames me that she's where the shootings are, that there's bullet proof glass at the drive through, but we're talking about trees and NCDs that were not enforced. And if the West Grove had been on my NCD, not their special only, that loophole they found to shut down Battersea Road -- more than loopholes were violated in the West Grove. So to pass something and amend it later is not good government, and I'm disappointed that you would say something like that to your constituents, because the younger generation does not know what's going on, they're excluded from the conversation, and history's not about old people, my age and older. We're going to die, and these people are not being groomed or educated. And Commissioner Hardemon, big ups to you. You had a constituent walk up here about property values, and people don't understand that just because the house next door is a million, they think their taxes are going to go up. But we have people in the community that tell our people that that's going to happen to them. Chair Russell: Thank you. Ms. Parks: They're paying $400. So he took the time to educate his constituent and you want your value to go up. Now those that have been left behind in that picture you posted in the little house there, that's one of my friends. They stayed there, and now they're not going to get the same money someone else got. Just think about that -- deferring it would be a much better idea, where we can all have a seat at the table, not just a few. Thank you. Chair Russell: Thank you very much. Mr. Silver. Scott Silver: Good evening. Scott Silver, 2000 South Bayshore Drive. I'm here to give you a break to talk about -- I'm going to talk about the Commercial District. I'm Chairman of the Coconut Grove Business Improvement District Planning and Infrastructure Committee, and we've been studying this for several years, and the staff has participated with us and made many changes. I believe that we're down to four or five tweaks that need to be modified. The number one -- two of the changes that we need under 3.14.3 and 4.1 deal with whether we want to have people live above the store. We have restaurants, we have stores, but at night, there are no eyes on the street. People are not living above the stores, and we have a very limited time frame, and a limited number of sites where we can actually build apartments in the Center Grove. We're going to have in the next couple of years -- look at the office buildings -- about 1,600 workers; probably at least half of which are new workers in the Center Grove. And some of those people, a few hundred of them, probably could use a place to live where they can walk to work, and they don't need a car. I know that's not for everybody, but some people won't need a car, and lifestyles and patterns are changing significantly. So there are two problems that exist in the current Code that really prevent us from doing that. We're giving an increase in density from 65 units per acre to 150 units per acre, but we're not providing for the City of Miami Page 142 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 space to build that. So one of the things that's been proposed -- I know it's been discussed in workshops -- is to add within the same height limitations -- don't raise the height in the Center Grove, which is now approximately 81 feet, but allow a 7th floor. So within that 81 feet, where you can now build six levels, allow them to build a seventh level if they're doing residential, if you want to have people actually create density in those spaces. The other item under 4.1 is to do the same thing we allow on commercial space, is to provide for a parking impact fee. On a 5,000- or 10,000- square-foot lot, you can't put a parking space; there's nowhere to put it. So allow them to pay -- the commercial spaces pay $6, 000 per missing space, provide for a $15,000-per-space impact fee, so that somebody can build half a dozen apartments above a restaurant or a store, and be able to do that without providing parking on site, but to pay into a fund. We have almost $6 million sitting in the -- a BID capital fund to build a garage; we need places to build them, but allow that fund to build so that we can actually have parking spaces. One other item under 13.1.4 -- and these are all items that have been vetted through the BID as well -- is paseos or crosswalk connectivity is to allow that to go anywhere in the Grove, not just to thoroughfares, because one day on Commodore Plaza, one day we'll actually have a playhouse, so if we can provide an incentive for developers to open up the space back to where those things will eventually be -- they are -- Chair Russell: Thank you. Mr. Silver: -- on the former Fuddruckers' site -- to provide a modification on that, as well. Chair Russell: Thank you. Mr. Silver: Thank you. Steve Wernick: Mr. Chairman and Commissioners. Chair Russell: Mr. Wernick. Mr. Wernick: Steve Wernick; address, 2501 Swanson Avenue. I'm a resident in the North Grove. By day, I'm a land use attorney; I represent developers. We have an NCD in the Grove today. It's there already. It's more restrictive than other neighborhoods, not -- there's only three NCDs in the whole City, and it doesn't work today. It doesn't -- in my opinion, it's not clear for developers, what they're allowed to do, unless they have significant experience in the neighborhood. It's not clear for residents, what the rules are supposed to be. It requires too much interpretation, and it has not been amended since Miami 21 was adopted. So the language in there doesn't even anticipate the rest of the Code that is in effect today. Leaving that in place does no good, in my opinion. So unless you're going to remove it altogether and continue to work on a new NCD, or something like that -- we have worked for a year, and the Planning Department, in my opinion, has done a very credible job, and they have done some amazing things, and maybe there are some things that still need to be worked on. We've heard different sides. There's always going to be different opinions on some of these things, and maybe some things need to be taken out of this, but we need to fix the Code that's there now, because it's not good for families today, because if you need to expand -- what I have is an 1,800-square-foot house on a 9,600-square-foot lot with three little boys. I want to put an extra bedroom on my house, which we're starting to think about. I need to file for a waiver for demolition, just like a developer would to tear down a house and build something new. So today's rules are not helping anyone, and to defer this off and continue this kind of dialogue, to me, is not good for the community. It's anxiety. We need some certainty. And I think you have time between first and second reading to round out City of Miami Page 143 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 those edges, listen to all the great ideas people have, and on second reading, have something that works. Thank you. Chair Russell: Thank you very much. Rick Kline: My name is Rick Kline, 2534 Lincoln Avenue. I'm here representing the Coconut Grove Park Homeowners Association, and we passed a resolution that I'd like to hand out, and not take any more of your time. Chair Russell: At least one for the Clerk, and you can pass it to us as well. Thank you. Did you want to speak more on it? It ends with, "We find the proposed NCD as sensible and restrained update to the current NCD that will help protect property values and property rights, help preserve the unique scale, character, tree canopy." So you're recommended [sic] "yes." Mr. Kline: Yeah. We recommend that you go ahead and pass it for all the multiple reasons that people have expressed earlier. Thank you very much. Chair Russell: Thank you. Edward Martos: Good evening, Commissioners. Thank you for the opportunity. Edward Martos, offices at 2525 Ponce De Leon Boulevard, and also a proud Coconut Grove resident. My request is very minor. It deals with one very narrow issue in the NCD, and that's the idea of having a trellis or a pergola over your carport. There are four different Code provis -- sections of the Code that deal with this issue. I think it can be narrowed down very simply. If you've got a driveway, you should have a trellis or a pergola -- you should be allowed to have a trellis and a pergola covering that same driveway. It's consistent with the look and feel of Coconut Grove. It allows for vines to grow up, which is consistent with our interest in vegetation, and it can be simplified. Whether you defer or vote and make some tweaks between first and second reading, my only request to you is that you instruct the Administration to simplify this to say very -- one sentence: If you've got a driveway, you can have a pergola or a trellis over it. Chair Russell: I saw him taking notes and -- Are we representing pergola company tonight or --? Mr. Martos: No. Forgive me. Chair Russell: We're good. Mr. Martos: I'm representing Annie (phonetic) Muench -- Annie and Dr. Karl Muench, and -- but I'm also speaking personally as a Grove resident. Thank you very much. Chair Russell: Thank you. Linda Williams: Good evening. I'm Linda Williams, Vice President of the Coconut Grove Village West Homeowners and Tenants Association, also known as HOTA. I live at 3523 Charles Avenue, Miami, Florida 33133. I'm here in the stead of our President, Clarice Cooper. I come before you this evening with a revised HOTA NCD-2 resolution; I believe everyone has a copy of. Great. It's for review and consideration at tonight's first reading. This document reflects the compelling needs of our community and a 30-plus years of repeated requests for fulfillment of the desires for the generations of the area stakeholders in the Village West community. While some aspects may be perceived as aspirational, they are, in fact, the critical concerns to be addressed by all of you. The creation of the NCD-2 and inclusion of City of Miami Page 144 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 NCD-3 were to serve as a protective measure in its original purpose and intent that would prevent the status of the community's demise and/or deliberate overtaking. We must be reminded that the elected officials are charged with a duty to govern in the best interest of all people; not addressing concerns of a few, as are often reflected in your support of communities like Village West. We cannot compete, nor should we have to, with the overzealous developers, interest brokers, or even those who find it profitable to converge on communities like ours. Your support will be reflective in your vote. Thank you. Chair Russell: Thank you very much. Next. Manuel Prieguez: Good evening. Manny Prieguez. I live at 4000 Malaga Avenue, Coconut Grove, Florida. I've lived in the same house for the past 18 years. I remember vividly a few months back, the last time that this item was discussed by the Commissioners that they all agreed that there would be a sunshine meeting soon thereafter to get into the weeds, so to speak, on all of the things that are -- were of great concern. That sunshine meeting never happened. It never happened. So January 16, we get this iteration of the amendments to the NCD, and quite frankly, you know, there are a lot of people that don't agree with a lot of the things that are in there, but more importantly, the Commissioners never had the opportunity to have that sunshine meeting to discuss it, to get it to a place where it would be more ready for prime time, if you will. Tonight, we find out that not only was that sunshine meeting not had, obviously, but that the sponsor of the item is about to bring a bunch of amendments to make things, I guess, more palatable to those that have been, you know, against the current iteration. So I think that no one's going to die, quite frankly, if this is deferred. I think that this should be deferred and that you should have that sunshine meeting. And I -- notwithstanding the fact that there are a lot of things I don't believe in in this current iteration, I think that we all love Coconut Grove, and I think that if we do have that meeting and that we all come together, I think a great majority of us can get behind a product that we can endorse. I don't think today is that day, by any stretch of the imagination. So I would encourage the Commissioners to defer this item, and tonight set up a sunshine meeting to be had in the next two weeks, three weeks, as soon as possible, and then let's all come back together and be able to digest this properly. Thank you very much. Chair Russell: Thank you. Next. Johannah Brown: Hi. Good evening. Thanks for letting us speak tonight. Manny's a tough act to follow. His kid's a great soccer player, but I have to disagree with him. We've had so many deferrals on this item; not just at the Commission level, but let's not forget the five deferrals at the PZAB level, and in between all those deferrals were countless public meetings to iron out issues after issue after issue, so I don't feel the same way about -- as he does. But -- and anyway, my name is Johannah Brown. I used to live at 4360 Ingraham Highway. I'm currently a resident of Winter Park. But I came here today to support this amendment, because I've been involved with it from -- since the very early days. I was a resident community activist. I was a member of Grove Watch Group. I was also an elected member of the Village Council, and I ran on a platform of reforming this NCD. The citizens of Coconut Grove elected many of us to work on this problem, and we've all participated deeply with the City staff in many public meetings, and I want to say what impressed me the most. This is a tough needle to thread. There was opposition, obviously, on both sides. Some think we have gone too far. Some think we're not going far enough. But this is a reasonable compromise that we've worked very long and hard on, and there are a lot of people in this room that prove that point that there's a lot of support for it, and to not recognize that would be a terrible shame. I think one of the first things I remember from a first meeting was with the Assistant City Attorney's Office, and the -- one of the first things she said to me before I knew anything about City of Miami Page 145 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 NCD was, If you want to fix this problem" -- which we were fighting lots -- but `fix the NCD. There's your problem. " And so, that is what I dedicated two years of my life to do and to help residents and City staff as well, and I'm grateful to everybody's hard work, but I'm not a resident anymore, and it shouldn't matter. If this is -- I'm here today because it's not just a Grove issue; it's a City of Miami issue. The fabric of our communities are what make the City, the State, and this country a great place to live. And if we lose that -- those roots that people connect with in the built environment and the character of a place, then, you know, we've lost a lot. So please support that. Chair Russell: Thank you very much. Ms. Brown: Thank you. Melissa Tapanes-Llahues: Good evening, Chairman Russell, Commissioners. My name is Melissa Tapanes-Llahues. I'm homesteaded at 3767 Carmen Court, in Coconut Grove. When I purchased my house in 2005, prior to the first iteration of the Neighborhood Conservation District, I thought I was buying a home in the City of Miami, you know, where I was born in the Health District, where I played on the streets of Little Havana, where my family's business was, where I went to public school at Shenandoah Elementary, and where I'm working as a land use and zoning attorney in downtown Miami. I did not think I was buying a home in the Republic of Coconut Grove. I love Coconut Grove. I -- we all -- I work in Coconut Grove. I do plenty of land use and zoning applications in Coconut Grove, dealing with historic preservation issues, as well as affordable housing. The purpose of this new iteration of the NCD was simply to fix loopholes; instead, it's turned into a monster. And I understand Commissioner Russell has amendments to propose, and we welcome hearing those amendments. We've been discussing potential amendments to this ordinance for months and years, actually. There's been three years of public meetings. I'll say that the notice of this legislation came out January 16. The City website on the NCD has not been updated since June of 2018. Their massive email list that they promised to provide notice to these hearings have not sent out an email since June 2016. Commissioner Russell, you deferred an item this morning on a discussion, because of lack of notice, and it's important that -- the people need to understand the devil is into details. This is not about trees. That would require enforcement and a revision to the City Code. This is not about protecting the charm. It actually provides increased density and intensity bonuses within our scenic highways of Main Highway, our historic streets, as well as Grand Avenue, 37th Avenue, 27th Avenue, without protections of the single-family residential areas. This need to be discussed. It needs to be understood with an economic analysis, and we want to have the sunshine meeting that was promised to us. It was promised before first reading, and we would just respectfully request that this be deferred just to have the sunshine meeting so that we know what your recommendations will be, and we could digest them and agree with them, hopefully, because we've all been here in good faith -- Chair Russell: Thank you. Ms. Tapanes-Llahues: -- trying to make this the best. Thank you. Chair Russell: You represent the party that was deferred this morning, correct? Ms. Tapanes-Llahues: Yes. Chair Russell: So -- and I was joking about the pergola anything. But if anyone represents anyone, just out of transparency sake, please just state it before you mention anything about that item, so it's clear. City of Miami Page 146 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Tapanes-Llahues: Right. Yes. Absolutely. Chair Russell: Nothing -- Ms. Tapanes-Llahues: DI. And I was -- Chair Russell: Yes. Ms. Tapanes-Llahues: -- I'm registered on that item. Chair Russell: Thank you. Ms. Tapanes-Llahues: Thank you. Tucker Gibbs: Good evening. My name is Tucker Gibbs, and I live at 3835 Utopia Court, in Coconut Grove. I've lived in Coconut Grove for my entire life, all 65 years, and I love the Grove, and I love the City of Miami. And I'll tell you, when people were clamoring for Coconut Grove to secede from the City of Miami, I wasn't one of them. I love Miami, and I love the Grove. I'm going to talk to you tonight about the staff. The staff has done an incredible job here, and you cannot disregard that. The staff met with the community, and I mean the entire community. I was at those meetings. Developers, property owners, people who rented; all kinds of people from Coconut Grove were at that meeting, and staff listened to that community. It was your staff. That staff are your professionals. They're not developers. They're not lawyers. They're paid by you to give you the unvarnished truth. And many times I sit up here and I disagree with your staff, but I have to say, they're your professionals. They have no axe to grind. They don't have an axe to grind on this issue or other issues, but they understand the complexity of this issue, and they have drafted this document that's before you based on their professional expertise as planners, as well as the information gleaned from all of these meetings. Yes, this NCD-3 ordinance may need some work, so pass it on first reading tonight. Have your sunshine meeting after it passes tonight. Have it next week, have it the week after, because no one says when this second reading has to happen. Have two sunshine meetings; meet, talk, and make your decision -- or not make a decision -- meet and talk and find out from each other where you all stand, and then come back here. Have the Planning staff evaluate what you all have said; have them put whatever you all want in this, and then get it on second reading. Read it on second reading and vote. And then ifyou have -- Chair Russell: Thank you, Mr. Gibbs. Mr. Gibbs: -- to, have third reading. Thank you. Chair Russell: Thank you. Applause. Thelma Gibson: Let me say, good evening. Chair Russell: They were applauding for you, Mrs. Gibson. Ms. Gibson: Thank you. Let me say, good evening to all of you. I always like to be last. I like to hear all that's going on, everybody who has to speak before me. And I want to first congratulate new Chairperson and Vice Chair, and to thank immediate past Chair, as well as our former Mayor, "Mr. Mayor," as I call him, Commissioner now, and my other friend, Commissioner Reyes. I thank all of you for all that you do City of Miami Page 147 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 for this City of ours, and it's been a wonderful afternoon and evening for me to sit here from 5 to 8 and hear all the people who are saying such great things about Coconut Grove and, actually, City of Miami. When I hear this, I used to always say, "This is my Miami, my Coconut Grove." And now I could say, "It's our Coconut Grove," primarily because when I tell a little bit of history always about my grandparents, whom I -- everybody say, Mariya Brown bought the first piece of property on Charles Avenue. Well, my grandfather, Daniel Anderson, bought the second piece at 3326 Charles Avenue -- I have the papers to show it -- from the Frows, and his boss showed where dad paid his last payment to Mr. Frow. And so, it's always a pleasure for me to consider -- to hear the whole City talk about what's going to happen to our West Grove area. It's always amazing to me when you think about change taking place. I've seen all kind of changes take place in our City, and this has been a wonderful experience to hear some of the people who have changed along the way about what they should see. I was brought up when it was "Colored Town." Y'all call it, "West Grove" now, and of course, we were always separated. So you have to know, we were colored town and white town. And now this whole area, this whole thing this evening and -- afternoon and evening has been talking about one Grove in the City of Coconut -- City of Miami, and that's really important to us. I listened to the young lady, who's concerned about what's going to happen to our people, and I'm concerned about that too; people having to move out and go all the way down to Homestead or Florida City, or some have even left the area completely, because they sold out and are no longer with us. And so, it's important that we continue to preserve the quaintness of our little section of Coconut Grove. You know, it's a quaint little place. It was always very special to me; primarily because I know the Bahamians came and found the coral rock, and so much has been built out of coral rock. And so many of the trees that have come to this area came from the Bahamas. And so, a lot of what we have done in the area is because of those citizens who came so long ago. Earlier, somebody mentioned the fact that we're the oldest city. We're older than the City of Miami. Coconut Grove came about -- for those of you who are new to the area, the City was not incorporated until 1896, whereas Coconut Grove was incorporated in 1873. So, I mean, it's a bit of history that needs to be known about what's happening here. And so, a change is going to continue to take place, and we know that, but we need to preserve what we have as far as the quaintness of the town. And I think that this present Commission is seeing that this is very important to us. And so, I'm just really here to say thank you for considering this item and to know that you will pass it. And I know I was waiting for Attorney Gibbs to speak, because I know he's been around and working on behalf of this area for many, many years, and that's just so important that we know -- oh, I still have a few minutes, but -- Chair Russell: I don't know what clock you're looking on, but I don't cut off a Commissioner -- Ms. Gibson: I'm sorry. I -- Chair Russell: -- former or current. Ms. Gibson: -- look at the time that's going up here on this thing. I see I have six minutes -- five now. I took five. Chair Russell: It was actually two, but we -- Ms. Gibson: Two -- I guess two minutes have just passed. Chair Russell: -- love hearing your voice. City of Miami Page 148 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Gibson: But anyway, let me just say thank you, and hope that you will see the need to make this a better place for all of us. Thank you so much. Chair Russell: Thank you, Commissioner. Applause. Chair Russell: Commissioner Carollo. Carolyn Curry: Good evening. Chair Russell: Thank you. Ms. Curry: Ms. Gibson, you're a hard act to follow. And Tucker, I've been here 68 years, okay? Chair Russell: Your name, please. Ms. Curry: Lived in Coconut Grove all my life. Carolyn Curry. I'm at 3070 Hibiscus Street. I'm also affiliated with HOTA. I am in favor of passing the first read of the NCD-2. I would like to speak upon something I heard tonight. I've been here a while and I've seen a lot of things. When we were younger, what we called the Village West, that's the only place that we could live. I've seen a lot of changes. Yes, a lot of us are no longer here, but that is because some of us, like Ms. Gibson said, have sold out and gone back home. When they retired, they went back to where they came from. And sadly, some have lost their homes through maybe bad investments or refinancing, and that type of thing. But one of the main reasons is because the former -- some of the former elected officials have neglected to observe certain documents or laws that were in place, like the TUA (targeted urban area), because in our particular part of the town, we were once identified as a target [sic] urban area, and that should have -- the elected officials should have made sure that there were affordable housing for low- to moderate -income people. Now, as far as the trees, I am in favor of nature. I think, on this planet, we need to be in harmony with nature. We complement each other. And if we didn't have the trees -- trees produce oxygen, and if we didn't have the trees, then mankind could possibly no longer be here. So I would appreciate it if you all would find it in your hearts to pass first reading of the NCD-2. Thank you. Chair Russell: Thank you very much. Ms. Curry: Okay. Chair Russell: Sir. Octavio Robles: Good evening. I can't speak very well, because I just got operated for my tonsils, but I'm here in pain because it's so important. My name's Octavio Robles. I live at 2210 Lincoln Avenue. I've been there 33 years. I'm a lawyer and an attorney -- a lawyer and an architect. And I'm here because I've been part of this community for so long. I used to be a member of an organization in my neighborhood. I helped plant trees years ago, closed a couple of streets; very involved. This process has taken about the good part of two years, and not one iota has been devoted to economic impact. We don't know what this is going to do to our property values. I want to know; at least have an idea. This is irresponsible to pass and unconscionable for this Commission to pass this under these conditions, without zero economic analysis. This needs to be deferred indefinitely. We should go back. I want to protect the Grove. I'm very interested in seeing this be fruitful and a success, but this is not the time to pass this thing. It needs to go back, remand it to City of Miami Page 149 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Planning, have economic experts appointed, and understand what the consequences -- economic consequences of this is going to be. Thank you. Chair Russell: Thank you, sir. Mrs. Mills. Barbara mills: Good evening. My name is Barbara Mills. I am a resident of West Grove, Coconut Grove, 3637 Florida Avenue. I am also a business owner, located at 3743 Grand Avenue. I'm here -- I don't have my green shirt, but I am here with a "yes." I do want this to pass. I'm sorry to disagree with the gentleman that just spoke. However, from my understanding, this has been deferred on many, many, many occasions, and its time is now. They talk about trees. Well, let me be one of the ones to tell you about trees. Growing up in West Grove, there was every tree there was under the sun. We ate off of all those trees, every last one of them. Right now, I am trying to refurbish my garden with these -- not forbidden fruit, but these trees; banana trees, seagrape trees, tamarind trees, you name it. Everyone is now giving me these trees coming back, and I'm happy to have them in my yard. Trees serve a purpose, whether you could eat off of them from human beings, but animals also. It's a reason to have trees, okay? You talk about housing. Yes, we have lost a lot, and I speak to you from a personal point of view. My family, the Rolle family, R- O-L-L-E, many of us were born and raised in West Grove, Coconut Grove, and we are not there. They are -- most of them are not there now. They have been displaced from the '70s on up to now, even the ones that were was on Grand Avenue. It was either friends, family, or just neighbors. So we need to do something with having housing come back for the families that's been displaced. Now, I'm taking up all my two minutes, and I want to say -- and I heard that buzzer -- don't listen to me; listen to "we," because it's not about me; it's about "we" working together for "our" communities. I have friends in Little Haiti, family in Little Haiti. I have family in Little Havana; either -- I do businesses in each and every one of those different areas. I know someone in all of the areas. And it's not just about West Grove; it's about all the communities. And we are trying to, as the homecoming committee, work with all the committees that's coming from different areas; from Perrine, from Florida City. Matter of fact, Liberty Square -- whosever's in charge of Liberty Square, I have three family members -- okay? -- three family members that are being given vouchers, but they can't find a place to live. They have to go all the way -- Florida City and past that, even, to have a place to live. So I'm here to say, yes, I'm in total support. Chair Russell: Thank you, Barbara. Applause. Ms. Mills: You're quite welcome. Ricardo Rodriguez: My name is Ricardo Rodriguez. I live on 2201 Lincoln Avenue. I'm a resident of the North Grove. I'm also the President of the Coconut Grove Real Property Owners Association. And I'm here -- I wanted to voice my concern over the lack of an economic impact analysis that has not been done for these NCDs. We moved into Coconut Grove in 2013, and we came, really, because of the proximity to my wife's job on 27th Avenue, my business -- my finance business in Brickell, and now to our kids' school in St. Hughes, here in the Grove. This is an ambitious urban area with a lot of professionals and families moving in and really investing in the community. Now, we updated our house, and with the -- been lucky enough to get us some appreciation on the house, and with that equity, we went out and we bought another home within the area, a few blocks away from where we are. So we're an example of local equity investing in local equity. So when I look at the lack of the economic impact, I wonder -- you know, I think there was a realtor that proposed that the NCD would wipe out the square footage or it would wipe out City of Miami Page 150 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 (UNINTELLIGIBLE) maybe about $150 million in the Coconut Grove. So that to me is a really significant number. And the question is, how much of that is going to be local equity? I mean, these really big towers here that have been built and are being built, a lot of those buyers are out of the country or out of the State; very little of them are local; very little of them are going to invest back into Miami. So in conclusion, I would really like to see an independent economist come in and tell us what the micro impact on Coconut Grove will be, and what the macro impact on all of the City of Miami will be with this equity that's being taken away from us. Thank you. Chair Russell: Thank you. Charles Wellons: Good afternoon. My name is Charles Wellons. I grew up in this community, I love this community, and I'm proud of this community. I came to Miami in 1956. And when I came to Miami in 1956, I lived directly across the street from Mr. Franklin Stirrup. Every morning, I would see him get on his bike with lumber on his shoulders and hammer in his hand and nails in his pocket, going to construct houses. He was also related to the Hall family, who did the same thing. These houses were our churches, our business places. They were our refuge. There's a lot of history in these shotgun houses. I'm here to stand with HOTA, with the Virrick Park Trust, and with the Task Force, in asking that this piece of legislation go forward. And I ask also that if it is deferred that the body -- that the dais would consider a moratorium on any demolition or new construction until this issue is resolved. Now, what we're talking about is a loss of culture, a loss of history, a loss of self. We grew up in these streets. And as Barbara alluded, we ate from every tree, because we had every tree known to man here. We had a sense of community. Our leaders were accessible and known to us, and would correct us. Father Gibson, Billy Rolle, Traz Powell, Martha Clayton -Dave. I can go on and on and on, but these people were leaders. They shaped us, they molded us, and we're standing on their shoulders. So I'm standing here tonight, because they raised me. And I am quite passionate about saving what is left in my community, because I am this community and this community is me, and we can no longer afford to let the hemorrhage of intellectual power leave here. We need to reinstitute what was. And I hear a lot of people talking about economic impact. Well, think about the economic impact to those of us who've been driven out. Think about the culture that has been lost. Nobody knows here, for the most part, how to make a Johnnycake. Who knows how to make pigeon peas and rice and guava (UNINTELLIGIBLE)? See, that's what I'm talking about. Let's put this skunk on the table and -- Chair Russell: Thank you. Mr. Wellons: -- log what it is. Chair Russell: Thank you, Mr. Wellons. Mr. Wellons: Don't kill us; let us live. And if you're going to pass -- if you're going to defer this thing, please institute a moratorium. Thank you. Chair Russell: Thank you, Mr. Wellons. Applause. Chair Russell: Mrs. Solares. Grace Solares: Thank you, Commissioner. I was going to ask you for something, and I forgot. City of Miami Page 151 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Probably extra time. Ms. Solares: These are the little -- hardenings of the arteries back here. I'm Grace Solares. I'm here speaking only on my behalf. Today, I'm not representing any of the organizations that I'm part of so it's just me. Some years ago, I called the City with respect to an issue regarding trees in my area. When the Code Enforcement people got in there, they told me they couldn't do anything, because the NCD was not sufficiently specific. I went to see Devin Cejas, whom I saw a little while ago, and I told him that we needed to actually tweak the NCD to make -- for the NCD to have teeth, and he says, "That's true. We could put this wording here, this wording there." Whatever. So when I saw this document the other day, I was shocked, really, to tell you the truth. It's a huge document. It's complicated. It asks things that we never talked about, certainly not at that time. It talks about ADUs, it talks about historic designation, it talks about reducing the parking requirements in the affordable housing and affordable housing in NCD-3. None of those things were contemplated at the time. I have to tell you that I'm totally opposed to anything over .50 FLR. Why? And this is to you, Commissioner Reyes. With a Commiss -- with a - - if we as (UNINTELLIGIBLE) hypothetical thing that you're going to vote 'yes," and you're going to say, "65 point LFR [sic]." To that .65, you are excluded additional buildings in that lot. For example, 65, and then they're going to add corridors, carports, porches, verandas, balconies; they're going to add trellises, pools, decks, carport, porche, verandas, pergolas, pavilions, porticos, driveways, south ways. They can fill that entire lot, okay, of concrete. So we're going up higher and higher, so we're going to have a lot of cement -- Chair Russell: Thank you, Grace. Ms. Solares: -- and too few canopy. One second, Commissioner. I haven't -- Commissioner Reyes: I don't know where you got that idea that I'm going to say 65. Ms. Solares: No, because it has been discussed. Commissioner Reyes: I don't know where you got that idea. Ms. Solares: In your office, we discussed that issue -- Commissioner Reyes: The only thing that I -- Ms. Solares: -- the position ofMs. Tapanes was at that time, and we suggested, "No, 50," and we discussed it for a little while, but after reading this -- which I had not read, to tell you the truth, prior to going to your office -- I was provided with a copy of the document that day and I read it and I'm thinking, this is crazy. This cannot be 65. Commissioner Reyes: I will address that after you finish. Ms. Solares: Huh? You mean, all good. If you're going to make changes, that's wonderful. The ADUs, I'm totally opposed to it. I mean, if I want efficiencies, I go to Hialeah, so I don't like the idea of ADUs. I would declare the ones now there, because the Grove has them as illegal nonconforming, so whoever buys it afterwards cannot rebuild it again. And the elimination of parking almost in its totality on buildings abutting the Coconut Grove Park Owners Association, I find that to be outrageous. So in closing -- I know you have to do something tonight. I'd like you to make amendments to this document, in accordance with the majority of the people who have actually spoken and agreed on, and actually setting aside the -- not considering the comments of the developers, who are only here -- City of Miami Page 152 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you, Grace. Ms. Solares: -- to benefit the bottom line. Chair Russell: Thank you, Grace. Ms. Solares: And also, there's no need for any more studies, like economic studies. Who's going to pay for it? We, the --? No. Chair Russell: Thank you. Commissioner Reyes, with your indulgence, we have two more people. Commissioner Reyes: Okay. Chair Russell: And then we're going to open up discussion amongst ourselves here. Commissioner Reyes: Okay. Chair Russell: Thank you. Renita Samuels -Dixon: Good evening -- Chair Russell: Good evening. Ms. Samuels -Dixon: -- Commissioner Russell and Commissioners. My name is Renita Samuels -Dixon, and I've been here on many occasions to talk about the NCD in West Coconut Grove. I was glad to hear the gentleman say that if the item is deferred that a moratorium should go in place. I've been talking about that for years. What I am happy to see is everyone out here tonight with presentations, PowerPoint presentations so you can physically see. I request the Honorable Commissioners vote "no" for the proposed changes to NCD-2. My reason is the process, as follows: And what you should have gotten is a copy of my notes that I'm reading from, and I have revision markings on here, because I want you to see what revision markings are and where they are; that way, we know where the changes are. The same thing -- I've given you a second sheet with the old NCD as a sample, with a few of the revision markings that I've made myself. I couldn't do the whole item, because it's too long and cumbersome to do, but our illustrious Planning & Zoning Board or Department should be able to provide us with that. Residential homeowners have never thought about their home as real estate. As our elected officials, it would be a gesture of good faith by ensuring as many as possible of the West Grove residential homeowners and property owners are given the opportunity to understand what it means if changes to our zoning laws are approved within the specified community. There have been Planning & Zoning meetings to ensure the City is in compliance regarding public comment. These one- or two-hour meetings and presentations end up becoming shouting matches, because of the overwhelming amount of information provided, which needs to be processed by the land owner before they vote. There have not been all -day community workshops, workshops to learn and then ask questions, which I have requested on many occasions through HOTA, through the Coconut Grove Village Council when I was a member, and most recently, through my own district Commissioner. On many occasions, once I've left these meetings, I have not received not one piece of documentation, which I was told I would receive in a format that I could understand, and that means in revision markings. As a land owner in West Coconut Grove, with a degree in International Real Estate, when I ask for specific documents from my Commissioner and from the City of Miami Planning & Zoning Department, it is not what I ask for. Who should be held accountable for that? City of Miami Page 153 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you, Ms. Dixon. Ms. Samuel -Dixon: Example, the -- I'm almost done -- proposed changes to NCD-2, I have asked for the revision marked copy with strikethroughs within the paragraph. I'm told it couldn't be done. I know strike -through revisions are accessible. In my previous profession, it was required in order for any attorney to see exactly what the proposed changes were. I have other examples, where I went out on the City of Miami's website. There is a public meeting. I only found one out there, and it said that it was interactive. So when I clicked on it, it wasn't interactive; it was just this notice. Chair Russell: Ms. Dixon? Ms. Samuel Dixon: I'm almost done, sir, but I do think that I should have this few minutes to discuss my concerns, because I should be able to go out to the City of Miami website and find any changes that have already been approved so that I can see them in the revised state. Chair Russell: And if I may, because we are going on to the fourth minute here. Every change in this draft, from what currently exists to what is being proposed, is shown with strikethrough of anything that's being removed and underlined if anything that's being added with the original language beforehand. That is in our printed agenda and it's on the website. It is definitely being shown. Ms. Samuels -Dixon: I was out there today, and I can tell you that if it's there, it's not in the appropriate location. I -- The other examples: existing Code analysis, zoning. I went out there; there were no revision markings on that document. Using the Zoning Code site shows two major components; one for Code and one for atlas. Neither one of those have been updated, respectively, since 2008 and the other one, 2009. We need to know and understand what "successional zoning" means and its impact on T3, 4, and 5 transect zones. Chair Russell: Thank you. Ms. Samuels -Dixon: How the changes to FLR impact our decision to sale or not, rebuild or add on -- I'm almost done. The intent of goodwill might be prevalent, but public hearings, such as these, do not -- just do no justice for the residents who look at their property as home. Please vote "no" and establish a community workshop to ensure all residents have the opportunity to learn and have their questions answered in order to make a knowledge -based decision -- Chair Russell: Thank you, Ms. Dixon. Ms. Samuels -Dixon: -- as the developers have. Chair Russell: Thank you. You've spoken -- Ms. Samuel -Dixon: In close -- Chair Russell: -- longer than anybody tonight. Thank you very much. Ms. Samuel -Dixon: -- in closing, if you submitted a dissertation, it must be completed before it is finally submitted. Chair Russell: Understood. City of Miami Page 154 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Samuel -Dixon: Yes -- Chair Russell: Ms. Dixon? Ms. Samuel -Dixon: -- there are advisors. Let's advice and submit the final. Vote "no" tonight, please. Chair Russell: Thank you. I did not want to cut you off but I appreciate you coming. Ms. Samuel -Dixon: I -- Chair Russell: You have done your diligence. Ms. Samuel -Dixon: -- said everything I needed to say. Thank you. Chair Russell: Thank you very much. Cecilia Kurland: Good evening, Commissioners. Thank you for allowing me to speak. My name is Cecilia Kurland, and I live in 3132 Day Avenue. And I believe that many of the new development is too massive. And in this revision, I also notice that some of the waivers and the warrants have been eliminated, but with that, they have eliminated the rights of the current owners to appeal, like warrants for the lot splittings and variances, such as against height, because in a T3, in a residential area in Coconut Grove, you're allowed to build only two floors and up to 25 feet. To go over that, you need a waiver, which creates a fee of $475 that the City can't recoup, and I think the City has to find better ways to raise money and not eliminate. If the Planning & Zoning doesn't need the money, then he can -- they can put it towards the affordable housing or some repairs in the areas in the Grove. These massive third floors -- or -- I don't know. They might be micro units, 400 square feet, 300 -- 200 square feet on the 3rd floors -- overwhelm the neighbors living next door with the -- under their overshadow. And as far as I know, a step landing is no bigger than three or four feet. I have been in there, and they don't need practically a suite on the 3rd floor. Please listen to the different residents. We are one Grove, and we have different characteristics. So I know the South Grove doesn't want the split lots, and our neighbors in the West Village need affordable housing and probably the style that they wish to preserve. Thank you for your time. Chair Russell: Thank you very much. Applause. Chair Russell: Joyce. Joyce Nelson: Hi. Thank you all for your patience. Joyce Nelson, 2535 Inagua Avenue. I've lived here for too many years; 40-plus years, and I've lived in Center Grove, to be begin with, and when I decided to look for -- I lived in a small apartment. When I decided to look for a house, I looked all over Miami -Dade County. I went everywhere; Aventura, Miami Beach. And you know what? I missed the Grove every time I looked there. And where did I end up? Back in the Grove, with a thousand foot -- thousand -square -foot house, with no landscaping, whatsoever, but I've converted it to a tropical paradise. People come in my home, and they think they're laying on the Beach, you know. It's just beautiful. You don't have to have a 5,000-square foot house to be beautiful. You don't need -- you don't have to. And if that type of building is built on both sides of me, I will have no sunshine. So you talk about economic impact; it's going to impact me. I won't have the property value I have now. When you think about places in the United States -- City of Miami Page 155 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 you think about Savannah, Charleston, Carmel -- you think of beauty; you think of how wonderful it is. That's what Coconut Grove is. Don't change it; fix it. I have here -- I'm on the list to get all the waivers and intended decisions. This is the past 15 months. Demolitions, we can't do this. We can't continue to do this. We have to stop it. We have to fix it tonight. Chair Russell: Thank you, Joyce. Sir, were you waiting to speak? Is this our last speaker? Commissioner Reyes: I hope so. Rick Zelman: Mr. Chairman, Commissioners. First of all, thank you for your patience in listening to everybody this evening. My name is Rick Zelman. I've lived in Coconut Grove just about 45 years; presently at 3536 St. Gaudens Road. We've had about two years of meetings, of discussions, of conversations, of public opportunities to talk about these issues. And you all, as elected officials, as public officials, ultimately have to make political decisions, as you do often, and what you're doing is you're trying to see if you can accommodate as many interests as you possibly can, and that's what I think your staff has done thus far. And I have to agree with some of the speakers earlier, who congratulated the staff on a good job, because they've put up with hours and hours and hours of public hearings and meetings and tried to come up with a proposal, which doesn't make everybody happy, but it tries to make as many people happy as possible, involving compromises, which is what we're going to have to do to pass anything, because we're not necessarily going to make those people who want to sell their property to developers happy, because they're going to sell out for the highest amount of money they can get and leave. Those who want to remain in Coconut Grove are not selling out, and we're interested in preservation. So the only thing I would ask of you this evening is to please pass this on first reading, let's come back; we can have some more public conversations. The only thing I would suggest you might want to consider adding -- and I'm addressing Mr. -- Commissioner Russell, you, specifically -- is this: The NCD-3 preamble has said, and I think should say this: "The single- family residential district is intended to protect the low density residential and dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional density uses and height. All single-family zoning residential regulations shall apply within the Coconut Grove NCD-3 single-family residential district, hereafter referred to as NCD-3, except as modified herein. If any such requirements conflict, the more restrictive requirements shall control." That would be a preamble. And the reason I ask for it is, I'm an attorney, and what I want to enforce -- what I hope you're going to pass with this NCD ordinance -- I would like an expression of intent -- Chair Russell: Intent language. Mr. Zelman: -- so that I can go and explain that to whomever is going to make a decision regarding enforcement. Thank you -- Chair Russell: Thank you, Mr. Zelman. Mr. Zelman: -- very much for your time. Chair Russell: I'm going to close the public comment. Ms. Samuels -Dixon, I actually want to apologize to you and backtrack a little. All of it is there, but you are right; it is difficult to track all the changes, and even my staff and I, when we went through with it. So I didn't mean to dismiss the difficulty you had and all the homework you had to do to get it right. So thank you for your comments. Gentlemen, I am not going to give a long speech. I'm going to show you one picture, City of Miami Page 156 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 and I'm going to give you one number. The picture is why we have to do this, and the number is why we have to do it now? My list of amendments, my proposed amendments, I'm not going to enter them as amendments that you are to vote on tonight. These are suggestions that we can bring on second reading, and not everyone out here is going to like what I've got in here. And the reason I did it this way is because if I had incorporated these into first reading and it showed up with all these changes, everyone would have said, "Oh. Well, somebody had some meetings and made changes before" -- "after PZAB and by the time it got to here." I wanted the pure PZAB item to come here. And then, this is the most incredible sunshine meeting we could ever have, but my office did ask for a couple sunshine meetings before holiday and after. It's been tough for the Commissioners, and I get it, but I'm still open to doing that between first and second. Really, what this is, is what I'm willing to talk about to get this passed with my fellow Commissioners, so that they recognize that I'm not completely being hardnosed or one-sided. I am recognizing that we need consensus here, and I'm not working on this alone. I need all of you, and when you come to me to preserve and save your neighborhoods, I will be there for you, as well. I'd just like to show you this picture before I ask for a motion. If someone could -- if IT (Information Technology) could put this on the screen? IT? I need IT, please. Is it there? I see it on my screen. Okay, here we go, here we go. Now, I set this picture up before. This is in the West Grove. You can see the size of these houses, and you walk around and you go, "This is just too much." But what you don't know in this picture is this: The FLR of these houses are both under 60. Point 5 is the compromise, .6 is the problem, .65 is egregious, in the single-family T3-R neighborhood. Now, I'm willing to have flexibility in T3-O. I'm willing to have -- putADUs on the table for a while. There's a lot of flexibility I'm willing to have, but this one, I need your help tonight to pass on first reading as is, taking all the comments from HOTA, from Village Council, from the different homeowners associations, and let's come back to either sunshine meetings or second readings with a consensus document that we can all agree on, and then we can -- at least a majority of us -- vote forward on. So I'm simply asking for a motion to pass PZ.9 on first reading. Commissioner Carollo: Well, before I could address that, Chair, I need to ask one simple question. Chair Russell: Yes, sir. Commissioner Carollo: Mr. Planning Director, a lot that's 10,700 square feet, under this new ordinance, how many square feet would you be able to build on it? Francisco Garcia (Director, Planning): If you allow me to do quick math, I'm certainly happy to respond right away, sir. I do want to be precise. Chair Russell: And while he's doing that, I forgot to tell you the number. Commissioner Carollo: And -- Chair Russell: I said, I have a photo and I have a number. The number of why we need to do this tonight. We first deferred this about six months ago. And since we first deferred this, there have been 63 applications for demolition. That's about 10 a month going on right now in this very small neighborhood. Commissioner Reyes: Let me ask you something. Chair Russell: We are under severe pressure for demolition. The developers know this is coming, and they're trying to get everything under the wire that they can. City of Miami Page 157 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Coats: Okay. So who (UNINTELLIGIBLE)? How about (UNINTELLIGIBLE) they already built? Are they going to tear them down? Unidentified Speaker: No. Ms. Coats: Those are being built. Are you going to stop them from (UNINTELLIGIBLE)? Chair Russell: Please, please. Renescha, everything you said spoke to my heart very deeply, but I don't think that means give up. I think it means we 've got to fight for what's left and save what's left. Commissioner Reyes: Okay. Chair Russell: So I don't -- I didn't mean to argue with you, and I don't want to get in a back and forth with anyone. I'm simply looking for a first reading on this tonight. You all can kill it on second if we can't come to a consensus, but we need to move. Commissioner Reyes: Okay. Chair Russell: And if there's any power I have as the Chair is to let you know that if we have to come back to first reading again, I'm going to let all these people speak again. Commissioner Reyes: It's like (UNINTELLIGIBLE). Commissioner Carollo: Do you have an answer for me? Mr. Garcia: I do, sir. Commissioner Carollo: Okay. What is my answer? Mr. Garcia: The exact square footage -- and now we are talking about gross floor area -- is 5,350 square feet. Commissioner Reyes: All right. Mr. Garcia: However, that would exclude, for instance, carports, or other open areas that could be added onto that. But in terms of massing and volume, what we're talking about is 5,350 square feet under AC. Commissioner Carollo: Okay. So a lot that's 10, 700 square feet, you could still build 5,350 square feet if you're under air; not adjusted is what you're telling me? Mr. Garcia: Correct. Commissioner Carollo: Which means that doesn't include any of the patios, the carports. If you have a garage, it's got to be within that 5,350 square feet. Mr. Garcia: That is correct, sir. And that is, again, in an attempt to control the massing or the volume of the building. Commissioner Carollo: Okay. Now, what will this new ordinance do with some places in the Grove that the present law says you could divide the lots to 5,000 -- if there are at least 10 or more -- to 5,000 square feet? City of Miami Page 158 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Garcia: What we've taken great pains to do with this ordinance is to be much more clear and prescriptive in terms of where that lot splitting can take place and where it cannot. Up to now, there has been much too much ambiguity and much too much speculation in terms of where lots can be split. What this ordinance does is it very clearly maps out where the lot splits can happen and to what extent they can happen, full stop. That eliminates a significant amount of uncertainty that we have had thus far. Commissioner Carollo: Okay. So if I would ask you for different addresses, you could provide them to me, when? Mr. Garcia: Right away; we have it mapped out. Chair Russell: Can you bring a map on second reading? Mr. Garcia: Absolutely. Chair Russell: Thank you. Commissioner Carollo: Well, I certainly would want to see it before that, if we go to second reading. Mr. Garcia: It should be in your backup information, but we could certainly have it printed out and sent to you electronically early tomorrow. Commissioner Carollo: It's not big enough to really figure it out. Here's where I'm at: I've seen -- and the public is here tonight -- many opinions. You know, I am one that lived in the Grove for 32 years before I moved out in 2016. I still have property in the Grove that I own, and believe you me, I pay a lot of taxes here. The canopy of the Grove was what attracted me and the vast majority of the people that are here to the Grove, and that's important. But I cannot take the step that I'm hearing some say that we should take here tonight until this is sorted out much better than I think it is, and I'm going to throw something out that some would like, some would not like. The Greeks were the founders of democracy, and I'm sure many of you have heard that. The -- I was saying that the Greeks were the founder of democracy. And they also would be turning in their graves if they'd known to what we have brought democracy to; very different than what the Greeks thought of it as. I am willing, after we sort this out, put this to an election of Grovites and let the Grove decide. The fact that one group gets `X" amount of people here and another group gets `X" more, frankly -- I appreciate you all coming, but that doesn't impress me. There's only 156 seats that you have out there; not 155, like we have there. The guy that wrote it down couldn't even count it right, but then again, that's the new City of Miami I came back to after 16 years. What I want to see is, truly, where everybody is at in the Grove; not a hundred or so people that have been here tonight. And if we are believers of democracy, something this drastic that's going to make a major change in the lives of many, one way or another -- I don't even know the economic impact it might have. I don't know what it's going to do to property prices. None of that is clear to me -- then we should not be afraid to let the people of Coconut Grove decide what they want to do with this, and that's 20 percent of the opinions that get to vote up here, where I stand at. And I'm willing to work through this to make it in the best way possible before it's put up to an election, but I truly believe that's the way to go, to an election. To make changes so drastic that are going to affect so many people, in one form or another, is not democratic to do it in this fashion, which is five us of making a decision and a hundred people giving us their opinions. It's a heck of a lot more people that have a stake in this that live in Coconut Grove, that pay taxes in Coconut Grove, and pay a heck of a lot more taxes than many of us here City of Miami Page 159 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 in Coconut Grove, and have lived here for a lot more years in Coconut Grove, and I think that's the right way of going at it. So it's -- Commissioner Reyes: Commissioner -- Commissioner Carollo: -- one opinion up here, anyway. Chair Russell: Rather than Chairing, I'm going to pass the gavel to Commissioner Gort, and I'll -- Commissioner Reyes: Can I -- Chair Russell: -- make the motion to -- I move that we pass it on first reading. Commissioner Reyes: Sir, before, I have a comment. Vice Chair Gort: The motion (UNINTELLIGIBLE) stopping you. Commissioner Reyes: Okay. Before -- Chair Russell: I believe your mike's off. Commissioner Reyes: -- I want to say something. Chair Russell: He actually asked (UNINTELLIGIBLE). Commissioner Reyes: Okay. Can I? Vice Chair Gort: Yes, sir. Commissioner Reyes: Okay, sir. You see, what you're saying, Commissioner Carollo, that's what I tried to do, and I was scolded by Grace, because I was -- since day one, I have been an advocate of property rights, property rights; that you have the right to use your property. But that does not mean that you can build whatever you want in your property, because there are rules and regulations that every government must follow -- they must impose it and must follow for the good of not the few; for the good of all. That's what we strive for in government. Right? And in order to do that, last time that we met here -- and besides, let me -- now that I see Tucker here. Tucker, you live on Utopia, right? Well, I remember, back in the '60s and the '70s, when the Grove was on Utopia, you see, everybody was "live and let live." And the other day, I had a group of people, and I offered to mediate, because I was asked by a group of residents of Coconut Grove -- Grace included -- to try to get both groups, the ones that agreed with -- particularly, because there's a lot of things here that I can see that now is in agreement, because Commissioner Russell have taken -- I mean, has bent over backwards -- and I applaud you -- in order to give some of the -- try to meet some of my concerns and some of your concerns, you see. I was asked to bring both groups together, because it is a shame -- and I don't want to see this -- that you're neighbors. You live next to each other. And the aggressiveness that I have seen from one group to the other, because you want to build 5 percent more than me, than the other guy, and -- I mean, it is -- it's appalling. It's appalling. And as a resident of the City of Miami, as a Commissioner of the City of Miami, which includes all the City, not only District 4, I hate that, and I don't want to spill into my district or anybody's district, you see. So I -- when Commissioner Russell and I, we agreed that to have a sunshine meeting, that meeting, when he called, it was during the holidays, and we couldn't do it, but during January, I haven't been -- I mean, have no notice of a sunshine meeting, and we promised every one of you that we're going to have a sunshine meeting that would City of Miami Page 160 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 provide everybody with a forum where you can express your concerns, you can express why don't you want, and try to be civil about it, and try to find common ground; trying to find common ground, and that's what I did. I offered my office, at the request of some of the residents, for the two groups -- the ones that were in favor and the ones that were against -- meet, and you came, and then you met in my office, you see. I have my concerns about the limitations, you see, and I do not agree with 80 percent; I do not agree with it, but I don't -- and I think that there is a happy medium that you guys have to reach, because you -- tomorrow, after this passes, you're going to live next to each other, you see, because you're not moving out of here. That is why I'm proposing that we do the sunshine meeting that -- We are very close, what I have seen here from you. I mean, you're almost there. You're almost there. The two groups are almost there. I agree with (UNINTELLIGIBLE). Yes, there is going to be an economic impact, whatever, and this is a reality. I am an economist. Whatever, whatever policy you impose on construction, or your restrictions that you place, it is going to have an impact, economic impact; not only on the residents, but in the City of Miami and the taxes that they're going to receive. That is a fact. You cannot -- I mean, be away from that. It is a fact also that as long as people sell, people are going to build. It's also a fact. And it's a fact also that trees have been -- some of them has been knocked down, but we had a hurricane here that came by and knocked the hell out of a lot of them. In Flagami we lost hundreds of trees also in Flagami. And by the way, Commissioner Russell, some of my neighbors, they don't want to plant trees in the backyard, because of the restrictions of the tree ordinance that in order to trim it, they have to come and get an arborists, a permit, and it doesn't matter if it is -- it presents a safety issue or not, you see. That is another issue that we have to (UNINTELLIGIBLE). So what I'm asking is, please, please, let go back to that utopia; it was nice to come to Coconut Grove. Like, I never lived here. But man, I used to hang around here. Back in the '60s and the '70s, and you went to Peacock Park, man, and you went there -- I mean, you got stoned there without doing anything, okay? I mean, without doing -- I never did anything; just walk by, you know; everybody so happy. Live and let live, okay? And I remember that, and that was what made Coconut Grove so appealing. You made it appealing. It was the people that were living here, you see; special breed of people that was living here. And what I'm asking is for a sunshine meeting where everybody comes with an open mind, trying to reach an agreement, because there are some certain things here that I thank Commissioner Russell, because this part of the historic preservation that I will never, never accept that, because I'm afraid that that -- what's going to spill to our districts, and we cannot afford that, okay, and other limitations here. But please, please, let's do this; let's sit down and talk. Vice Chair Gort: Commissioner Russell, you're recognized. Chair Russell: Mr. Clerk, I just wanted to ask clarification; if my office reached out and offered six dates in January for a sunshine meeting? Todd B. Hannon (City Clerk): Yes. We worked on the scheduling, and it just wasn't working out with multiple Commissioners to meet on either (UNINTELLIGIBLE). Chair Russell: I understand, but we did offer to meet six -- Mr. Hannon: Yes, sir. Chair Russell: -- different dates in January? Commissioner Reyes: It didn't come to me. I mean -- Mr. Hannon: Trying to get multiple Commissioners -- City of Miami Page 161 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Oh, multiple Commissioners. Mr. Hannon: -- and it just wasn't working out. Yes. Commissioner Reyes: Okay, but not in my office. Mr. Hannon: Understood. Commissioner Reyes: I was ready, and I'm ready tomorrow if you want, you see. Commissioner Gort: Okay. Commissioner Reyes: I'm ready. I'm ready. Chair Russell: Is there a second? Vice Chair Gort: There's a motion. Chair Russell: Is there a second? Vice Chair Gort: Is there a second? There's a motion. Is there a second? Chair Russell: If there is no second, Mr. Clerk, where does this go? Mr. Hannon: Well, the first option is the motion dies for a lack of a second; we assign the file -- a file ID (identification), and if it's to be brought back, it would have to be brought back as a completely new file; otherwise, if there's a -- the motion dies for a lack of a second, a new motion could be introduced deferring, continuing the item; that is another option. But if your motion dies for lack of a second and there's no additional motion that follows your motion, then we give it a final action date of today, and then the item will need to be brought back as an entirely new item. Chair Russell: I don't -- I certainly don't want -- Commissioner Reyes: We continue -- can we continue this after the sunshine? Vice Chair Gort: Commissioner Reyes, are you making a motion? Commissioner Reyes: Yes. I'm making a motion to continue -- Vice Chair Gort: What is the motion? Commissioner Reyes: -- this up -- after the sunshine meeting in which I will love to see all of you there; and very civil, very open-minded, we are going to express all of that, and we 're going to come out of there with an agreement. Vice Chair Gort: Is there a second? Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Gort: Wait. Is there a second? Chair Russell: I'd love to hear what this side of dais has to say. City of Miami Page 162 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: I think the -- well, first -- the first thing I think you should hear is that I'll second your motion, Mr. Chairman, since you wanted a second. You know, I try to give some deference to -- Applause. Commissioner Hardemon: -- the district Commissioner, because I know these are challenging things to do. It's not easy trying to create something that's going to benefit your community; things that some may consider to be not popular that you may believe are essential. It certainly deserves some serious conversation. I believe that's what -- Commissioner Reyes: I made a motion. Commissioner Hardemon: -- Commissioner Reyes is saying, so I agree with him as well. But there is no test better than the vote the way that Commissioner Carollo put it, as well. So I think all those things are things we should strongly consider. I think we certainly need to have the meetings. And if there is a way that we can organize a quick vote of the neighborhood, that may be beneficial to you, as well to all of us. So none of those things I'm opposed to, but I want to give you an opportunity to do things in your community that you believe will be beneficial, because, you know, earlier on the record, there was some conversation about gunshots in certain neighborhoods that the -- someone had to move to on 50-something and Third - something Avenue, and that's my neighborhood. All right? These are neighborhoods that I live in. And so, there are things that I want to be able to do to make that quaint feel of how they have it in the Grove, and it's going to be different. Commissioner Reyes: Yeah. Commissioner Hardemon: It's going to be different, but I believe it's essential. We have nothing near to the tree canopy that you have Commissioner Reyes: Absolutely. Commissioner Hardemon: -- in the Grove. I live on a 10,000-square foot lot, and I was talking to the -- to Madam City Attorney about it, and I'm saying, my FLR, I have no idea what it is, but it has to be very, very low, because I don't have a very big house; you know, 1939. So -- Commissioner Reyes: Mine, too. Commissioner Hardemon: -- (UNINTELLIGIBLE) -- I don't have many trees as -- I don't think I have any trees. No, no, no; I have two in my front yard. But, you know, I love what is there in the Grove, so I understand why you want to preserve it. I want to introduce that to my community as well. It's a lot of knowledge in -- that needs to be transferred to the people, though, for them to understand why it's beneficial to have a canopy as such, but, you know, we do what we can to make our neighborhoods beautiful. And the way that I see it is that I don't want to lose my residents to the Grove. I don't want to lose my residents to Coral Gables. I don't want to lose my residents to anyplace. You know, I've always said and I sincerely believe that people should not have to move out of their neighborhood to have a better neighborhood. And so, I want to improve the neighborhoods that I live in, and I sincerely believe that that's what you want to do as well. And so, how can you deny someone an opportunity to really and truly discuss that, if that's what they really want to do? So -- and that's the reason I give you a second, sir. Chair Russell: Thank you very much, Commissioner. City of Miami Page 163 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Vice Chair Gort: Okay. There's a motion and a second. Yes, sir. Chair Russell: Commissioner Gort, it's nothing without a third vote, and -- Commissioner Carollo: Yep, but -- Chair Russell: -- I give my word to all the Commissioners here that I will give unlimited dates to meet to work on this, but all I'm asking for is a chance on first reading, but we can 't do it without a third vote. Commissioner Carollo: But hold on, hold on. There was a motion. I mean, if we're going to do this, let's do it the way -- Vice Chair Gort: Let's do it correctly. Commissioner Carollo: -- it should be. There was a motion -- Vice Chair Gort: There was not a second, but that motion has a second. Commissioner Carollo: There was no second. Then Commissioner Reyes made a motion. Vice Chair Gort: Made another motion. Commissioner Carollo: -- that we were waiting for a second, and that's when you came in. So then, he should withdraw -- Chair Russell: A slow second. Commissioner Carollo: -- he should withdraw -- Chair Russell: A slow second. Commissioner Carollo: -- his motion. Commissioner Hardemon: I misunderstood. I didn't hear the Chairman or the -- Commissioner Carollo: No. Commissioner Hardemon: -- acting Chairman say, `Motion dies for lack of second." I heard a lot of conversations about what could happen -- Commissioner Carollo: But -- Commissioner Hardemon: -- because, technically, he doesn 't need a second, but that's neither here nor there. Commissioner Carollo: -- he made the motion, from what I understood from the Clerk, that it -- when he asked the question, it had died. So all we have to do is for Commissioner Reyes to withdraw his motion, Commissioner Russell makes it again, and then you could second it correctly, and it's -- Vice Chair Gort: Commissioner Reyes, you withdraw your motion? Commissioner Reyes: I need to withdraw my motion? I still -- I'm still -- City of Miami Page 164 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: Well -- Commissioner Reyes: I mean, let me -- Commissioner Carollo: I'll second that motion, for the sake of -- Chair Russell: Which one? Commissioner Carollo: His motion, the one that was on the table, as I thought, but - Vice Chair Gort: Okay. Commissioner Hardemon: I thought there was already -- something already on the table. I thought we were eating -- Chair Russell: My motion -- Commissioner Hardemon: -- pepperoni pizza here. Chair Russell: -- is on the table. I didn't know that it died. Commissioner Hardemon: Now we're going back to -- Commissioner Reyes: I am a firm believer that we can get an agreement that is going to -- and it's not going to be 65 percent, or anything like that, because I don't agree with that. But there -- a lot of things here that has to be clarified, a lot of things that -- in this -- all of these, I mean, amendments that was presented, which was, by the way, what -- Vice Chair Gort: (UNINTELLIGIBLE) you go. Commissioner Reyes: -- we talked about, you see, in that meeting on my -- That should be clarified, and I want to see it clarified, and then you guys can bring (UNINTELLIGIBLE). Commissioner Carollo: Well, let -- I second your motion. Let's get on with the motion. Chair Russell: All in -- Commissioner Reyes: Okay, let's vote. Chair Russell: Then let's discuss. All that matters, Commissioner Gort, is where you are. There's two -- clearly two Commissioners that are willing to see it through on first; two that would like to defer. We can fight over the procedural of what just happened, but I think, as Chair, you control the moment. Vice Chair Gort: I'll control -- my vote is not going to be for it, so (UNINTELLIGIBLE). Chair Russell: Then we'll go with the deferral. Commissioner Reyes: Got you. Vice Chair Gort: All right. All in favor of the deferral, say "aye." City of Miami Page 165 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 The Commission (Collectively): Aye. Chair Russell: Do we have a date? Mr. Hannon: That'll be continued to February 28. Commissioner Reyes: That's right. Mr. Hannon: Continued -- Commissioner Reyes: But now, let's set the date for -- Commissioner Carollo: No, no. Commissioner Reyes: -- the sunshine meeting. Commissioner Carollo: No, no, no, no. Commissioner Reyes: Oh, no? Commissioner Carollo: If it's being put for the 28th, I think we're putting the buggy before the horse. Commissioner Reyes: Before the cart. That's right. Commissioner Carollo: We should decide -- Chair Russell: That was already done. Commissioner Reyes: (UNINTELLIGIBLE) Commission. Chair Russell: It was continued, right? Commissioner Carollo: I understood -- Mr. Hannon: Yes, sir. Commissioner Reyes: It is continued. Chair Russell: It was moved to continue; that sets a date. Mr. Hannon: Yes. "Continuation" means it moves to the next -like meeting, which is February 28. Commissioner Reyes: No. It is -- no. We could continue to another date. Chair Russell: Well, "continued" means, definitively, the next -like meeting. Deferral, you can choose a date; "continuance" means a specific date. Commissioner Reyes: Oh. Well, I mod fy my motion to defer. Chair Russell: It's already been voted. Commissioner Carollo: Well, you could make another motion, if you like. Commissioner Reyes: I'll make a motion -- City of Miami Page 166 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Hannon: Excuse me. Please. Okay. So we did have a motion by Commissioner Reyes; it was seconded by Commissioner Carollo; that passed 4-0 to continue Item PZ.9 to February 28. Now, do you want to reconsider that? Chair Russell: No. Commissioner Carollo: I'll make a motion to reconsider that, and then we can make a motion for deferral. Mr. Hannon: There's a motion to reconsider. Commissioner Reyes: I second your motion. Mr. Hannon: There's a motion to consider. Is there a second? Chair Russell: No. Commissioner Reyes: I'll second it. Mr. Hannon: There's a motion and a second for the reconsideration on the continuation of PZ.9 to February 28. Commissioner Carollo: Okay. Commissioner Reyes: It's a second. Commissioner Carollo: Yeah, it's a second. (UNINTELLIGIBLE). Mr. Hannon: Yes. No. I have a motion and a second. You can call the question. Commissioner Reyes: Call the roll. Chair Russell: Am I the Chair in this moment? Mr. Hannon: Yes. You're not the mover or seconder of the item. Chair Russell: All right. The motion to reconsider has been second. All in favor, say "aye." Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Russell: Any opposed? No. Commissioner Carollo: Okay. Now, I will make a motion to -- Chair Russell: I'm sorry; did that reconsideration pass? Mr. Hannon: Yes, passed 3-1. Chair Russell: You look to reconsider -- to defer it to a later date than the 28th; is that -- am I understanding correctly? What date would you like to defer to as mover of the item? Commissioner Reyes: No. You are asking for some information -- City of Miami Page 167 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: I'm asking for -- Commissioner Reyes: -- and I want to -- Commissioner Carollo: Commissioner, we need at least a good month -- Commissioner Reyes: That's right. Commissioner Carollo: -- to make sure that all of us with busy schedules can meet. Commissioner Reyes: Can meet. Commissioner Carollo: I've asked for some information that -- I'm going to need some additional information once I get that. So I think a month time should be sufficient for us to find some medium -- Commissioner Reyes: Yeah. Chair Russell: February 28? Commissioner Carollo: -- (UNINTELLIGIBLE) we could meet. Commissioner Hardemon: Is there a motion on the floor? Chair Russell: There is. Commissioner Hardemon: There is a motion on the floor? Chair Russell: There is. Commissioner Hardemon: Okay. Chair Russell: But he's deciding the date. He would like to defer this; he's deciding the date. He thinks a month might be good. Vice Chair Gort: Motion (UNINTELLIGIBLE). Commissioner Carollo: A month. Mr. Hannon: Chair, that was the initial motion. That was to continue it -- Chair Russell: February 28? Mr. Hannon: Understood. So -- Chair Russell: Is there -- I will second that motion as the Chair. Mr. Hannon: So Commissioner Carollo made the motion; seconded by Commissioner Russell; understood. Continue to February 28. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. We will see you back again next month. We will have sunshine meetings. City of Miami Page 168 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Yes, sir. We promise, and you'll see. Chair Russell: And actually, thank you all for your interest in this item. Thank you. Commissioner Carollo: Can --? Commissioner Reyes: We promised them, and we have to comply. Chair Russell: Gentlemen, we are not adjourned. We have a couple baby items to take up, and I wish I could say they truly were baby items. Commissioner Carollo: I need to go to the restroom. Commissioner Reyes: That's what we're going to decide. Chair Russell: We're going to adjourn for 10 minutes -- recess for 10 minutes. PZ.10 ORDINANCE Second Reading 4856 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-8-L, "URBAN CORE - LIMITED," TO T6- 12-L, "URBAN CORE -LIMITED," OF THE PROPERTIES LOCATED AT APPROXIMATELY 4865, 4875, AND 4885 NORTHWEST 7 STREET MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY THE APPLICANT, ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Notes for the Record: Item PZ.10 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.10, please see "PZ Order of the Day." City of Miami Page 169 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.11 ORDINANCE Second Reading 5094 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 2512, 2522, 2534, 2542, AND 2550 SOUTHWEST 1 STREET AND 2515, 2527, 2535, 2541, AND 2551 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13822 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: How many people do we have here for PZ.11 and 12? That's your item, yes? Well, just -- I just want to see how many seats we'll be able to clear to fit more people in for PZ.9. How many people are here for PZ.11 and 12? Is this a pretty innocuous one, Joe, or are we going to be --? All right. Let's hear PZ.11 and 12, please. Is there a motion on the item, to start with, just to --? Commissioner Carollo: There is a motion on the items, both 11 and 12. Chair Russell: Thank you. Moved by Commissioner Carollo; seconded by Commissioner Reyes. I do need to open the floor for public comment on this one. This is land use barriers on Southwest 1st Street and Southwest 2nd Street, along 25th and 26th Avenues. Is anyone here from the public here to speak on PZs.11 and 12? Seeing none, I'll close public comment. Ms. Tapanes. Commissioner Carollo: Ms. Tapanes, is Julio Rebull, Jr. here, by any chance? Melissa Tapanes-Llahues: He just left a little while ago, but he did come in and say hello to everyone. Commissioner Carollo: Okay. Please express to him our most dearest condolences for the death of his father. Ms. Tapanes-Llahues: We appreciate it. We appreciated the moment of silence by the City Commission at the last hearing. Thank you. We appreciate that. Chair Russell: Thank you very much. Is there any further discussion on the dais for PZ (Planning & Zoning) Items 11 and 12? City of Miami Page 170 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: None, but I did promise the Planning Director that before we would vote on this, he should have the opportunity to express a difference of opinion that he had. Chair Russell: Mr. Director, is there something you'd like to say on this item? Francisco Garcia (Director, Planning): No. I think, at this point in time, given the propensity of the Commission to move forward on this item, as you have, I think the only remaining item is to remind -- and I want to confirm with the attorney that the intent is to come back at some point in time in the not -too -distant future for an additional rezoning; in which case, it would be a resolution by the Commission to waive the 18-month waiting period; is that correct? Ms. Tapanes-Llahues: So as part of what is currently being requested, it includes the waiver of the 18th month, and that was properly advertised as part of the request, and approved at first reading. Mr. Garcia: Oh, very well. So it does not require a separate resolution. I was under the impression that it did; my apologies. In any event, let it be on the record that there is an intent to return to the City Commission for an additional zoning change before the 18 months that otherwise would have been required. Chair Russell: Just to be clear, Madam City Attorney, the 18-month waiver is incorporated into these PZ items? Victoria Mendez (City Attorney): Right. It is PZ.12. It's at one of the "whereases." Chair Russell: And we can do that. We don't have to do that as a separate motion? Ms. Mendez: No. That's fine. Chair Russell: Okay. Thank you. Any further discussion on the dais for PZ Items 11 and 12? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Todd B. Hannon (City Clerk): Chair, we need to read the titles into the record. Chair Russell: Oh, I thought we already did that. Ms. Tapanes-Llahues: Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.12. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 171 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.12 ORDINANCE Second Reading 5096 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("MIAMI 21"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUBURBAN TRANSECT ZONE - OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2550, 2542, 2534, 2522, AND 2512 SOUTHWEST 1 STREET AND 2551, 2541, 2535, 2527, AND 2515 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2612 AND 2600 SOUTHWEST 1 STREET AND 2611 AND 2601 SOUTHWEST 2 STREET, MIAMI, FLORIDA, WITH ALL PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; APPROVING THE REQUEST TO WAIVE THE EIGHTEEN (18) MONTH TIME LIMITATION AS SPECIFIED IN ARTICLE 7, SECTION 7.1.2.8(G)(7) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13823 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record: For minutes referencing Item PZ.12, please see Item PZ.11. City of Miami Page 172 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.13 ORDINANCE Second Reading 5093 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), APPROVING THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED "BRICKELL CITY CENTRE SPECIAL AREA PLAN" ("BCC SAP") TO ADD ADDITIONAL PROPERTIES GENERALLY LOCATED AT 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; SPECIFICALLY APPROVING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET, THE SQUARE FOOTAGES LISTED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA OR PROVIDE NO LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE AND NO LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; FURTHER AMENDING THE BOUNDARY OF THE PREVIOUSLY APPROVED BCC SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13824 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: We have about seven items left on our agenda. We have a time certain item at 5 p.m., which I can see not even all of the people that are here for that can fit into the room, so what I'd like to do to make a little room is I'd like to do a little housekeeping and get through a couple of these other items that shouldn't be very time-consuming, with your patience. Thank you. I'd like to take up Item PZ.13 and 14. That should get a few people out of the room. This is the third amendment to Brickell City Centre Special Area Plan, second reading. Is there a motion on this item? Vice Chair Gort: Move it. City of Miami Page 173 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: It's been moved by Commissioner Gort; seconded by the Chair. I would like to amend one thing that we discussed on first reading, and it had to do with the very generous $1 million contribution from Brickell City Centre to, at that time, single-family home, affordable housing -- quite, please, in the room. We're trying to figure out exactly how to manage those funds. What I would like to recommend as an amendment is an equal distribution amongst Commission districts that can be placed at the Commissioner's discretion into their API (Anti -Poverty Initiative) account, or into the Affordable Housing Trust Fund earmarked for their district. Would the mover accept that amendment? Vice Chair Gort: Yes, I do. Chair Russell: Mover accepts; second, of course, accepts, as well. Is there anyone here from the public who would like to speak on PZ.13 and 14? Commissioner Reyes: PZ. 13 and 14. Neisen Kasdin: Mr. Chair? Chair Russell: Yes. Mr. Kasdin: I think there are two amendments we need to read. Chair Russell: Yes. Mr. Kasdin: Neisen Kasdin, for Aker -- of Akerman, representing the applicant. If you'd like me to do that now, or see if there's any other comment? Chair Russell: Let me get public comment out of the way first. If there's anyone from the public who's like to speak on this item? Seeing none, I'll close public comment. What are the amendments? Mr. Kasdin: One is the City Attorney has added some specifics with regard to the temporary fire station, and re -affirmance that the permanent one will be built. We agree to the language that they have proposed. I don't know if it needs to be read or not. Victoria Mendez (City Attorney): I believe Commissioner Carollo has them. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Mike. Commissioner Carollo: And let me read what should be there. That the temporary fire station, already listed as a public benefit in the development agreement, meet those requirements by the Department of Fire -Rescue; that the temporary fire station consist of a minimum of 24 feet-by-60-foot trailer; parking for eight vehicles; a protected swing of approximately 40 feet-by-20 feet, with 11 feet of clearance to protect Fire -Rescue apparatus; an 8 foot-by-16 foot storage shed; adequate lighting; a motorized gate and fencing; a 1,500-gallon septic tank system, and appropriate furniture for the trailer. All temporary fire station improvements are to meet the technical and logistical requirements of the Department of Fire -Rescue. Mr. Kasdin: We agree to that. Ms. Mendez: Thank you. City of Miami Page 174 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Does the mover agree to the amendment? Yes; seconder, as well. Mr. Kasdin: Mr. Chair, one other minor amendment. Under Section 12, with regard to retail specialty center designation, is a -- this was originally presented to the Commission. It included two retail specialty centers on each of the blocks; one, the Associated Photo Block and one, the River Oyster Block. The amendment, Section 12 A, which has been distributed to you, would allow for one retail specialty center for the entire amended SAP (Special Area Plan) area. So that's one instead of two. Chair Russell: So that's another necessary amendment to the -- Mr. Kasdin: It's -- yeah. It should be -- Chair Russell: Thank you. Yes. Mr. Kasdin: -- it's in the development agreement, and it's a reduction in the retail specialty center. Chair Russell: Understood. Mover and seconder agrees? Vice Chair Gort: Yes. Chair Russell: Yes, thank you. Could you read the title into the record, please? Victoria Mendez (City Attorney): And are there -- there were other amendments, or are those the only other amendments? Chair Russell: Would be including them. Mr. Kasdin: That was -- were you -- the fire station -- Ms. Mendez: Right. Fire station -- Mr. Kasdin: -- specifi -- Ms. Mendez: -- what the Chairman said, what you read, as well on the specialty centers. Mr. Kasdin: What we read, which we passed out; and then, the Chairman had his own amendment, I think, which was offered. Ms. Mendez: All right. Thank you very much. I'll read the titles into the record. PZ.13. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Is there any further discussion on the dais? Ms. Mendez: PZ.14. Chair Russell: Oh, I thought you read them both. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Nice. We need to hire an auctioneer for the Legal Department so we can -- City of Miami Page 175 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Todd B. Hannon (City Clerk): And my apologies, Chair. Chair Russell: Mr. Clerk. Mr. Hannon: Briefly. So the handout from Mr. Kasdin regarding Section 12, is that PZ.13? Is that being amended, PZ (Planning & Zoning) --? Ms. Mendez: The one that I said is as amended is PZ.14. Mr. Kasdin: That's PZ.14. Mr. Hannon: So PZ.13's as is? Ms. Mendez: Yes. Mr. Hannon: Understood. Thank you. Chair Russell: Thank you very much. Any further discussion on the dais? All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Kasdin: Thank you very much. Chair Russell: Thank you. City of Miami Page 176 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.14 ORDINANCE Second Reading 5090 AN ORDINANCE OF THE MIAMI CITY COMMISSION, Department of WITH ATTACHMENT(S), APPROVING A SECOND Planning DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES BETWEEN TOBACCO ROAD PROPERTY HOLDINGS, LLC, BCC ROAD IMPROVEMENT LLC, AND 2 INDIAN CREEK HOLDINGS, LLC (COLLECTIVELY, "APPLICANT") AND THE CITY OF MIAMI TO GOVERN THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC -SAP") BY EXPANDING THE BOUNDARIES TO ENCOMPASS TWO (2) ADDITIONAL BUILDING SITES IDENTIFIED AS "BCC-650 SMA" AND "BCC -AP" COMPRISED OF THE PROPERTIES LOCATED AT APPROXIMATELY 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET, MIAMI, FLORIDA, BETTER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC -SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT ZONE DESIGNATION; THE AMENDMENT IS PROPOSING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA, OR PROVIDE LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE OR LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13825 City ofMiarni Page 177 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For minutes referencing Item PZ.14, please see Item PZ.13. PZ.15 ORDINANCE Second Reading 5230 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PZ.15, please see "Order of the Day," and "PZ Order of the Day." Chair Russell: And now I would like to bring our attention to the time certain item that we are 30 minutes late for, and I apologize about that. PZs.15, 16, 17, and 18. Who here is to speak on that item, please? This is the Liberty Square up -zoning. Who here is to speak for or against that item? Okay. Thank you. Before we open the public comment, you need to swear everyone in on that, please. From the dais, I would just like to get a bit of a temperature. Is there a motion on these items? Is there an intention of the board to hear this today, move it forward? Commissioner Hardemon: There's certainly an intention to hear the public comment and hear the presentation, and then from there -- Chair Russell: But no motion on the floor at this point. Commissioner Hardemon: No. Chair Russell: So we'll go ahead and swear in anyone who'd like to speak on PZs.15 through 18, please; Liberty Square. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on items -- PZ (Planning & Zoning) items -- PZ.15, 16, 17, and 18, if I can have you stand and raise your right hand. City of Miami Page 178 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Anyone -- while you're standing, anyone who's here to speak on those items, please approach both lecterns, either lectern, and we'll alternate. All you need to do is state your name, if you represent anyone; where you're from, if you'd like. The item you're speaking on is obviously PZ.15 through 18. And you have two minutes each to let us know how you feel about the application. We'll start with you. You're going to wait for the item as the presenter? Unidentified Speaker: Right, yes. Chair Russell: That's fine. If anyone would like to please come over to this lectern, as well, it'll let us alternate a little easier, and we'll just go back and forth. Welcome. Stephen Gilmore: Thank you. Good afternoon, Commissioners. My name is Stephen Gilmore, and I am the Work Program Supervisor at Transition, Inc. On behalf of our Executive Director, Maylin Salado, our Board of Directors, and dedicated staff of professionals, I am delighted to have this opportunity to share with you this afternoon. 40 years ago, Marvin Rauzin a Miami businessman, founded Transition, after visiting local jails once a week to help prepare inmates for their release from prison. Once released, he worked with them to help find a job, knowing that if they could find meaningful employment, their likelihood of returning to prison would be reduced. Mr. Rauzin told his story to everyone he knew, and recruited more volunteers to help him provide the bridge from prison to purpose. Eventually, from his efforts, Transition, Inc. was born, and we're located in the heart of Overtown. Transition has assisted thousands of returning citizens to overcome the single biggest obstacle to their successful re-entry back into their communities; that's finding and maintaining a job. Transition, Inc. provides job training, work readiness, and placement services to ex -offenders. Over the past few years, Transition has established a successful relationship with Miami -Dade County's Corrections Boot Camp Program. Since 2015, Transition has taught workforce readiness to over 430 cadets, and successfully placed 276 of 322 work -eligible cadets into jobs. That's an 86 percent placement rate. We were honored to increase our partnership with the addition of Universal Placement Solutions and Related Urban Development Group in 2018. As a result of this partnership between the four organizations, we were able to place close to 40 Boot Camp cadets at the Liberty Square Arising Project job site. At Transition, we truly value this partnership. Universal Placement Solutions and Related Urban employ our cadets, but they also serve as mentors and provide valuable lessons to our cadets. We're truly grateful for this partnership, and we look forward to increasing our efforts in the future. Again, thank you for this opportunity to share. Chair Russell: You're in favor of the project? Mr. Gilmore: Absolutely, yes. Chair Russell: And you didn't list voter registration in your objectives of your organization. I assume you've added that recently? Mr. Gilmore: I'm sorry? Chair Russell: Helping with voter registration -- City of Miami Page 179 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Gilmore: We do. Chair Russell: -- of ex -offenders. Mr. Gilmore: We do. Chair Russell: Because we can do that now. Mr. Gilmore: We do. Any way possible that we can assist, we do everything. Employment is our key, but we help -- referrals for homeless; you name it, we do it. Chair Russell: Thank you for your comments. Mr. Gilmore: Thank you so much. Audra Young Wright: Good afternoon, everyone. I'm here -- I've been a resident of Liberty City for 10 plus years, and I received a notification, and what -- I'm here today standing before all of you to ask the question: How is this going to affect homeowners and their property taxes? Chair Russell: The surrounding homeowners, or -- Ms. Wright: The surrounding homeowners. Chair Russell: -- not the residents that are there? Ms. Wright: The surrounding homeowners, and the ones who are actually there, because I've been there for 10 plus years. I'm actually on 60th Street and Northwest 13th Avenue. Chair Russell: Is there anyone in Administration who can address that question? It's a direct question. As a new -- and I assume you mean as the values go up -- Ms. Wright: Yes. Chair Russell: -- of that property -- Ms. Wright: Yes. Chair Russell: -- will that increase the values of surrounding properties? What will be the tax implication -- Ms. Wright: Yes, sir. Chair Russell: -- to those of you? Ms. Wright: Exactly. Thank you. Chair Russell: Are there controls in place? Is there someone in Administration can help address that question briefly? Francisco Garcia (Director, Planning): I believe the best, simplest answer I can provide is that the effect on property values is far from an exact science, but here is what we do know: We know that this zoning change, which is what's before you today, a proposed zoning change for the subject property, is requested in order to be able to redevelop the property. The property, as you know, was developed a long time ago, and the building stock in the property is fairly old. The desire is to City of Miami Page 180 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 redevelop and to replace those buildings with newer buildings, with more units, more residential units than exist presently; and also, to integrate, especially along the 62nd Street Corridor, Martin Luther King Boulevard, some commercial uses to help support the needs of the area. Chair Russell: I'm sorry to interrupt, Mr. Director. It's -- that's all very -- actually, I just want to try to keep it very tight to her very specific question; not to the merits of the project itself. Mr. Garcia: Understood. Chair Russell: Is there somebody within the knowledge of tax and property assessment who might know the answer to this question with regard to any caps or limitations that happen when your surrounding property values go up? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Good afternoon. Chair Russell: I apologize. Commissioner Reyes: No, that's fine. Mr. Casamayor: Good afternoon, Commissioners. Fernando Casamayor, Assistant City Manager and former tax collector. There are a variety of issues that -- or situations that can cause an increase or decrease in property tax. If you like, maybe outside, we can talk a little bit about your situation, and I can give you some better information regarding what the effect may be. Commissioner Reyes: I think -- Chair Russell: There are protections in place, though, right? Mr. Casamayor: Yes, there are. If the owner -- Commissioner Reyes: -- I think -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- this is a question that is very simple and the answer is very simple, and very -- I mean, and rightfully so. Do you own your property? You live in your home? Okay. You see, if you own your home, there is -- you are paying and you're protected by what is called "Save our Homes"; that taxes cannot be increased over 3 percent, and regardless of how much your surrounding areas, you see -- Commissioner Hardemon: From year to year. Commissioner Reyes: -- that the taxes -- I mean, the property values increases, unless you sell your home and you buy another home. Then it's going to be assessed at the value -- of the market value. But if you've been living there and you've been paying taxes, well, you -- Now if you are a business owner, you own a business -- a building that -- or you own a property that you rent, but that will be subject to any increase in taxes, but special -- Commissioner Hardemon: They may have protections now, too, with our last vote. Mr. Casamayor: There is a 10 per -- again, through the Chair. City of Miami Page 181 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: And there is a 10 percent cap. Commissioner Hardemon: Yeah, a 10 percent cap now. Chair Russell: One at a time, please. Mr. Casamayor: There's 10 percent -- Commissioner Reyes: 10 percent, maximum. Mr. Casamayor: -- yeah. There's a 10 percent cap on non -homesteaded properties. But again, I'd like to talk to the lady just to give her some additional information. Chair Russell: But your concern is very well noted that your taxes could go up based on this project. Commissioner Hardemon: But I want to say something. I want to say something here. The first thing is that it depends; it depends. Tax value -- you're -- what you pay in taxes could go up, it may not go up, it depends. The first thing you should know is this: The School Board has added additional taxes to our -- what we pay already, so your taxes will go up because of that. That's your first note; that you should understand that when you pay your taxes next time, it will be a little bit higher, just because there's an added payment that you need to make to the School Board. Ms. Wright: Right. Commissioner Hardemon: Second, you -- what we have to understand about this is that -- I live in Liberty City, right? I want our property values to go up. So don't always think in the term of taxes. Think about value, because no matter where you go, people want their property values to increase. Because of the increases, if you choose to sell that property, if you want to take a loan out on that property, do improvements on your land, if you want your net worth to increase, if you want to take out a loan, so -- to send your child to college, I mean, all these things are possible when your property values increase, so you should welcome an increase in property values. But when it comes to the taxes, as was put on the record by the Commissioner, there is a cap for "Save our Home," which basically limits the amount of money that you're going to have to pay out from the City of Miami, Miami -Dade County, in taxes, even if the house next door to you sells for a million dollars. Your tax that -- when you initially bought your house, it increases at a certain amount, and it's not going to increase faster than that. So they could be paying $20, 000 in taxes while you still pay 5,000; that's just the way the tax system is set up with us. So, you know, there's going to be a lot more units there, so from what we have today to where it's going to be in the future, that is the biggest part that we kind of have to look at there. But as far as you increasing your property values, I would assume that would increase, but it actually does depend, but you should welcome that increase. If someone tells you that we're going to have a -- increased property taxes, that usually means your property values have increased -- unless we increase the tax rate, which we're probably not going to do -- then you should be happy. You should educate them and say, "Listen, if my property value goes up, I'm happy about that. I want to go from 60,000 to 100; from 100 to 200; from 200 to 5." Chair Russell: Thank you so much. Ms. Wright: So noted. Thank you, Commissioner. I guess, you know, what my real concern, too, was like you said; the School Board has -- we -- our taxes have been increased, due to, you know, the need for extra security and other -- and teachers' City of Miami Page 182 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 raises. So I was looking at the domino effect of having that happen, back to back, so I kind of wanted to get more education, and come stand before all of you so that I can know, and take that education back to others in my neighborhood, which is Liberty City, so that we can all grow together in that knowledge. But, yes, I agree with you that it is good for property taxes and things to increase, because that says a lot. That says that crime may be going down, that the value of things, the services, the quality of meats [sic] and everything in the community will increase. And residents, no matter where you live, should have access to high quality everything. Commissioner Hardemon: Right. Ms. Wright: It's just a matter of having that educational component, where you need to know what exactly is going on in your neighborhood. Too many times, we don't come out, and we don't stand before you to ask these questions. And then, when these domino effects happen, we are stuck, and we don't know where to start. So I think it begins here with the education factor of us just having the conversation, and I thank all of you for taking the time out to answer that question. Chair Russell: Thank you. If you'd like to meet with Mr. Casamayor -- Commissioner Reyes: Thank you for asking the question. Commissioner Hardemon: And the last thing I'll say, Mr. Chairman, is that in the Liberty City area, we're going to be doing some really innovative things to try to make more pocket neighborhoods there so that you won't be able to travel at 90 miles an hour on, say, 63rd Street, going from one avenue all the way down to Hialeah, right? So we're going to do some things that's going to make it a bit more community friendly, and that's going to increase your property values, as well. So we'll talk about it when it's presented, okay? Ms. Wright: Thank you, Commissioner. Chair Russell: Thank you. Ms. Wright: Thank you so much. Chair Russell: Sir, you are up. Xavier McGhee: Afternoon, ladies and gentlemen. My name Xavier McGhee, and I'm from the Boot Camp Program. The Boot Camp Program is connected with Transition, and Transition is connected with Ms. Lola. Transition gave me a referral to go to Ms. Lola at Universal Pavement, and she gave me a opportunity to start working. And every [sic] since then, I learned things at the construction site. And right now, currently, I'm out of Boot Camp. So every day when I wake up, go to work, come home, see my son, it feel good knowing I'm not like hanging around the old people I used to hang around with. And then every day, when I see my boss -- my boss man named Shelly. He always tell me, "It's not where you start; it's where you finish." Chair Russell: Thank you very much. Applause. Chair Russell: Thank you. Anthony Woodside: Good afternoon, Mr. Chairman and Committee. My name is Anthony Woodside. My current address is 4811 Northwest 23rd Avenue, 33142. I'm City of Miami Page 183 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 here for Victoria Electric. I was placed from Transition. I'm a ex -offender, and I was placed with Transition. Again, they moved me to Universal Placement Solution, which this new rezoning project, I would like to be -- see approved is because I feel like not only do we need residential community, but -- residential -- but we need more commercials so we can have a lot of small-time business opportunities to be able to be more successful. I know a lot of people, individuals that using social media right now for small-time business such as that there, and the area of -- up on 62nd would be a nice opportunity for a rezoning, and I appreciate it if y'all be able to do that. Thank you. Chair Russell: Thank you for your words. Applause. Ulises Fernandez: Good afternoon. My name is Ulises Fernandez. I just want to say I'm thankful for being able to wake up every day and say that I can make a change in the world, because I am also part of the Boot Camp Program, and I was given an opportunity to change the way I live, and, you know, not only does it like bring down the crime rate, but it also provides more jobs for people like me to like actually want to change their lives, and wake up every day, and say, "Okay, I don't want to do the same thing I've done before," and you can actually make a change in the world. And I'm currently an electrician. I'm working for this company, Victoria Electric, and very good company. No matter what color you are -- black, white, brown -- they accept you, who you are, you know. I've learned a lot, and it feels good to say you're making a change in the world, because of (UNINTELLIGIBLE) Urban Construction. Thank you. Chair Russell: Thank you for your words. Mr. Fernandez: Thank you. Applause. Willie Kemp: Hey. How y'all doing? My name Willie Kemp. I just want to get up here and say I'm thankful for the program, Boot Camp. I was in Boot Camp. I'm thankful for the program. I'm thankful for Ms. Webb; thankful for Lola, (UNINTELLIGIBLE), and, I mean, this program mean a lot to me. I mean, Boot Camp really changed my life. The Lord knowed [sic] I was out there living wrong, but this program gave me a second chance to change my life around. And now that I'm out here, it feel good to come home, just to say -- even when my friends, whoever call me -- just to say, like, "Well, like where you at?" And I'm feel -- it feel good to say, "I'm at work"; that I ain't got to say, "Oh, I'm on the block," or wherever I'm at. It's just -- that program really changed my life around. And Lola gave me a chance to work with a whole lot of subcontractors, like Millionaire AC, Eagle Brick, and now, right now, I'm with Plywood, and learning all type of different trades (UNINTELLIGIBLE) and stuff teaching me how to lay down cabinets, lay out -- teaching me how to read blueprints; something that I ever thought that -- in my life that I would never do in my life, and now I'm here doing it. So I just want to say I'm thankful for the program, and I hope that we could keep it going, and that's it. Chair Russell: Thank you very much. Mr. Kemp: All right. Applause. City of Miami Page 184 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: More public comment on this item, please, and feel free to approach the lecterns, so you can just jump right in. Corinne Webb: Good afternoon. My name is Corinne Webb, and I work at Transition, Inc., and I serve as the Re -Entry Director, and I've had the pleasure of teaching the cadets in the Boot Camp Program, three of whom you've just heard from. I do want everybody to know that, if you are unaware, the Boot Camp Program, Miami -Dade Department of Corrections and Rehabilitation, it is an alternative to incarceration. And the gentlemen and ladies that have been invited to participate in that program have done so by means of a court order; they have been selected. It is a very difficult program. It is a paramilitary institute of regimented discipline, whereby they're up at 4 o'clock in the morning and rest at 9; heavily -- inserted with heavy drills and physical activity, where they learn honor, respect, and integrity, which they will attest to. Commissioner Hardemon: Ma'am -- Ms. Webb: One of the questions -- Commissioner Hardemon: -- they still -- they live onsite though, right? Ms. Webb: I'm sorry, sir? Commissioner Hardemon: No, you said that it's an alternative to incarceration. Ms. Webb: Yes. Commissioner Hardemon: They live onsite, correct? Ms. Webb: They do; they do live onsite. Commissioner Hardemon: So it's an alternative to prison; not necessarily incarceration. Ms. Webb: It's an alternative to prison, indeed, yes -- Commissioner Hardemon: Okay. Ms. Webb: -- if they had not. They are there for six months, and then they are released; for another 10 months, under supervision. I teach during those six -months period, but the individuals that you've just heard from, they are highly conditioned in that particular course, and they have all satisfied the OSHA (Occupational Safety and Health Administration)-30 certification, before we even, at Transition, referred them to Ms. Lola Capers for interview and selection. I can tell you, though, that, as they have indicated, that they do have a sense of positive purpose, and they are delighted to be there. And we work very hard to place all the cadets in employment before they leave. But I will give tribute -- our relationship with Universal Placement and Urban Related -- the Related Group -- has been truly remarkable. Ms. Capers is, I do think, an angel that walks quietly on this earth to make sure that people are well served. But the individuals that we have placed, they do have a sense of purpose, and they -- in fact, we work to save lives, one day at a time. But more importantly, I think that the people that are now working, they are viable taxpayers, which we do appreciate; and they appreciate, too. Thank you for your time. Chair Russell: Thank you. City of Miami Page 185 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Webb: I'm a proponent of it, and I do support the request. Thank you. Chair Russell: Thank you very much. Please. Applause. Chair Russell: If we -- Lola Capers: Good afternoon. Chair Russell: -- if we -- just a minute. If we could please hold the applause, it's much appreciated, and lets the meeting go along really further. I know some people really deserve it a lot, and it's very hard to contain yourselves, and I do understand that, but, please. Thank you very much. Feel free to show your support by raising your hands. But if it moves you and we got to clap, we got to clap. Ms. Capers: Good afternoon, Commissioners and Chair. My name is Lola Capers. I'm with Universal Placement Solutions. I'm a business owner on 60 -- 6209 Northwest 18th Avenue, Miami, Florida 33147. I support the change of zoning for a number of reasons. When you drive down 62nd Street, you don't see no life. There's no businesses besides the corner stores, and we have a number of empty buildings. It has been known, when you have a number of empty buildings, you have a lot of crime going on. So we need to change the City. We need to change the zoning. We need to change the zoning, so we can bring business in, so therefore, the City of Miami, Liberty City, Liberty Square, the Pork 'N Beans, all of the above names can have a new change. Putting up apartment buildings and not having job opportunities does not make a change. It make a change in housing; not a change in productivity. Secondly, if you look out here today, with Related Urban, we are able to hire ex felons, we're able to hire our Boot Campers; we're able to put them to work and learn skillset that, after they leave, they can open up their own business if they choose to; they can go other places if they choose to, because they are learning a skill. It's not just a general laborer, making $10.60 an hour. That says a lot. And these are the changes and hope that Related Urban is giving our community, and I think that you all should support that, 100 percent, because these are our future. Boot Campers are our future. And if we don't give our ex felons a time -- or chance to change, and put them in the same element, you're going to get the same result; revolving courtrooms, revolving jails, revolving prison, because they're coming out to the same thing. So, yes, I am in favor, and I think you all should be, too. Chair Russell: Thank you very much. Applause. Chair Russell: Next, please. All right. Crystal Corner: Good afternoon. My name is Crystal Corner, President of Liberty Square Resident Council. I'm here today to express how happy I am with the redevelopment of Liberty Square, and how the changes are coming along. The real reason why I'm up here, standing up here, is to ask for the City Commission Board to say "yes," for the rezoning of Liberty Square, so Related Urban can build high-rises and create -- so we could create retail stores and other small business that can provide jobs for the residents, and in the community. And I just want to say thank you for listening, and that's it. Chair Russell: Thank you very much. Please -- Applause. City of Miami Page 186 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: -- hold your applause. Christine King: Good afternoon, Commission. Christine King, Martin Luther King Economic Development Corporation. I'm here to ask you as you are considering these items that you also consider the residents of Liberty Square, and to make sure that the developers keep their promise; not only to the community, but to the residents themselves, who are affected by the redevelopment. Commissioner Reyes: Yeah, that's important. Ms. King: Thank you. Chair Russell: Thank you very much. Sir. Kentavius Silas: Good afternoon. I'm Kentavius Silas, former Georgia resident, and I came down working with Related Group on the Liberty Square Project. I'm the Assistant Construction Manager, working under Shelton Scott right here. I am for the project, just because of all the good I've seen done since I've been here; I moved here 2017 November. And just being able to be hands-on with the project, I'm able to see the day-to-day changes that we make and the life -- the lives that we impact. So just from the construction side and being, you know, hands on with the project all day, I'm definitely in favor of this project. Chair Russell: Thank you, sir. Mr. Silas: Thank you. Brian Dennis: Good evening. Good afternoon, Commissioners. My name is Minister Brian Dennis. I feel sorry for them Boot Campers. I know what they're going through. I used to be in the Marine Corps, so I know how -- I know what that is. And then, on top of that, I'm proud of them, because I'm a ex felon, as well. It gives them the opportunity to make change in they [sic] life, and no only that. Just through the Related Group, everything that they've said that they would do, they've done. I've sat there with -- and Mr. Silas and Mr. Sheldon [sic] didn't even know who I was, and I went through the whole property on a tour one day. Excellent job. I would really implore you to allow them to go up. I said this in a Planning meeting last month: We'll do anything for our children, but if this was a child and that child wanted a car or something, we'll put our name behind our child. Anybody that knows me know I was the biggest opponent to it; not to Related or to the other companies that bidded [sic]; just to the project itself. But to see where the project is now and to actually get off work and to ride by and see the necessary change that it's making, that's the benefit of Liberty City. I was born in Liberty Square, so I can understand nobody wants to see it go, but if you have the same thing sitting here, you're going to always get the same results. So what I would implore you all to do, approve the zoning matter. Allow them to just -- allow them to go up, and allow them young men that's working to continue to become productive tax paying citizens. Chair Russell: Thank you. Mr. Dennis: Thank you. Shelton Scott: Good afternoon, Commission, Chairman. My name Shelton Scott. I'm the Construction Manager for Liberty Square, Phase I, and I been afforded the opportunity to lead the project over the last year. And to be quite honest, when I first came onboard, I wasn't quite aware of all the emotion surrounding the project and everything, and the sentiments, and the 'for" and "against." But even with that being City of Miami Page 187 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 said, we're changing lives. And, I mean, not just the lives of the community that live there and those that are (UNINTELLIGIBLE) residents, but also live -- the business lives. This project is allowing small businesses to be able to work on the project, and to build capacity. And by them building capacity, they're able to hire neighborhood residents that work and live in the community, pay taxes, and also can other -- buy other goods and services that -- for their families. And even bigger than that, it's the story of the Boot Campers -- we have those individuals here -- and the opportunity that we're providing them. I always tell them it's not where they start; it's where they finish. They all have a story, right? But it's how they end that story. And the important thing for us to realize is that we're just starting. These stories are just beginning, right? You're looking at future electricians, plumbers, masons, you name it. And then not only that; you're looking at future business owners, because some of these individuals here will become business owners, trying to propose and are in favor of projects such as this. So I'm definitely a proponent of the project, and I hope you all can -- will support the rezoning for Liberty Square, Phase I. Thank you. Chair Russell: Thank you very much. Corey Ritche: Good afternoon. My name is Corey Ritche. I'm the owner of Eagle Brick Construction. I'm also a shell contractor on the project. We all -- I employ roughly about 30 to 35 employees from the area. We're grooming these young people or the neighborhood to build a community. After it's all said and done, like everyone said, these -- the community will have a trade. And we all know that once you teach a man or a lady a trade, at the end of the day, they're able to provide for their family, and that's what life is all about. You know, we all get up every morning, and we want to know that, hey, I can provide for my family and take them on -- whatever we need to do -- on vacation or whatever. But this project and what Related is doing in the community is phenomenal. They're giving everyone an opportunity, and also, a business owner, to grow as a -- from a small to a big. And also, it's all about the community. When you look at the community, it's all about growth. So I'm in favor of the change. Thank you. Chair Russell: Thank you. Melba Rose: Good afternoon. My name is Melba Rose. I represent an organization called Liberty Square Family and Friends Reunion, Incorporated. My basic concern is in terms of the revitalization of the area and businesses that we stand to incorporate, I would like to know what's the -- for the lack of a better term -- the mom -and -pop -type businesses, who are short on capital, may not come in with the dollars and cents to be competitive in this process of trying to have businesses and be primary parties in negotiations of different types of businesses that will occupy that area. I would like to know if any consideration is being given -- or will be given to allow for there to be cross -the -board equity in having minority business, smaller businesses that may be constituted in that area. We know that the City is being revitalized. We know that the faces will change, the climate of need will change, but we want to have individuals who are employed and employable, and that they can be a part of some of the negotiations that will occur when the businesses are considered and constituted. And we'd just like to have some commitment to let the promises that were prior made to our communities, to allow us to be included, to allow our input, and to allow our active participation so that we assist in the growth and development of our communities, as well. Thank you. Have a good evening. Chair Russell: Thank you very much. Sir. Eric Knowles: Mr. Chairman, good afternoon, board. My name is Eric Knowles. I'm the President and CEO (Chief Executive Officer) of the Miami -Dade Chamber of City of Miami Page 188 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commerce, where we create opportunities for economic and social transformation in our community. And if there ever was an economic and social transformation happening in our community, it's happening with Liberty Square. I sit on a committee that meets with Liberty Square and with Mr. Milo on a monthly basis, trying to make sure that they are doing the right thing. I want to recognize the Chair of my Construction Committee, Mr. Leighton Brown, who is standing up behind me; and also, one of my board members, Mr. Jeff Lozama, who are businessmen working in Liberty Square. When you talk about Boot Camp and you talk about social transformation, this is what is needed. When you talk about building 1,500, 1,400 residents, they have to have a place to go to work. Transportation is one of the biggest challenges we have in our community, both -- throughout Miami -Dade County. If you're living in Liberty Square, where a better place to go to work than around the corner from your home. So I stand along with my Board of Directors in support of the zoning change, and we thank you for considering. Chair Russell: Thank you very much. Is there anyone else here for public comment? Welcome. Leighton Brown: Thank you. Good afternoon, Commissioners. My name is Leighton Brown. I'm the President of LCN Group. We happen to be the framing and drywall contractor on Liberty Square. We support this rezoning moving forward. Two quick stories: I had an employee that we hired back in October of 20 -- 2018, and she came to me two weeks ago and thanked me for giving her a opportunity to work; that she was able to have a good Thanksgiving and Christmas this year. This was the first one that she's had both in quite some time. Usually, she has to pick between the two. As a result of this employment, a full-time job, she was able to do that. Another quick story: We have also another individual that was hired from the 33142 and 147 zip code, who's becoming a more active participant in his child's life. Now, while that may not show up on any stat sheet or anything, but I'm confident that just the fact that he has a purpose to live, that five -year -old son that he has is going to be better off. And last, but not least, creating economic opportunity for over the long term is really what this project needs, and it's really what the community needs, and we support this rezoning, as well. Thank you. Chair Russell: Thank you very much. Jeff Lozama: Good afternoon and good afternoon, Commissioners. My name is Jeff Lozama. I'm the owner of CNS International Group Corp. We are the window and door contractor at Liberty Square. I had the opportunity to work well ahead of the construction being built in training some of the guys -- women and men in the community, and giving them a trade, and teaching them how to install windows and doors. I have one personal story, as one of the guys that I hired, he served 19 of 25 years in working for me. It was his first real job. And I'm proud to say that this guy has been my Project Manager over at Liberty Square, and has been a model employee. So I -- the work that we doing is not only building the construction. We're changing lives; we're changing lives, one man and one woman at a time. I support the project, and I support and I ask that you guys please approve the ask that you have in front of you today. Thank you. Chair Russell: Thank you very much. Is there anyone else here for public comment on these items? Seeing none, I will close public comment. Later... Chair Russell: I'd like to bring our attention back to PZs.15 through 18. Was there no more public comment on the item? We've closed public comment on PZs.15 through 18, the Liberty Square zoning change. Is there a motion on this item? City of Miami Page 189 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: I thought we had a presentation. You had something you want to say? Travon Benjamin: I just want to thank you. Hi. Good afternoon. Thank you for the approvement [sic]. I want you to approve the rezoning of the project. Chair Russell: Your name, please? Mr. Benjamin: Travon Benjamin. Chair Russell: Thank you very much. Mr. Benjamin: Thank you. Chair Russell: You'd like to see the presentation, Chairman -- Commissioner? Commissioner Hardemon: Yes, because I have a few questions that I want to ask. Chair Russell: Who is presenting on behalf of the project? Commissioner Reyes: You have another speaker. Chair Russell: One more public comment. We'll reopen public comment on PZs.15 through 18. Celestino Castillo: Hi. My name is Celestino Castillo. I'm the electrical contractor at the job site, and it's been great to help the community with -- by creating the jobs that we've been creating with the construction. I think you guys need to look at the further picture, which is after the construction, creating new jobs, it's keeping the jobs in the community, so I vote for this to, you know, be passed. Chair Russell: Thank you very much. Mr. Liu. Michael Liu: Good afternoon, Mr. Chairman, members of the Commission. We certainly appreciate the opportunity to be here. I'm Michael Liu, Director of Miami - Dade County's Public Housing/Community Development. We're the applicants on these Items 15 through 18. Just want to make a few opening comments before I turn it over to Related Urban to give the formal presentation. This is a seminal project, not only in Miami -Dade, but nationally. This past year, HUD (Department of Housing and Urban Development) gave us an approval for the phases after Phase I, the eight or nine phases to follow, in one fell swoop. And in large part, they did that because of the strong evidence that we were able to show that from day one, there was strong collaboration between the County and the City, as well as the community. Evidence of that has been Phase I, where we had to work with the various City departments to get all the approvals needed, so that construction could begin on all six buildings, and the first two and four buildings are going to be done in a couple months, maybe three months of this year. That approval by HUD, again, based on evidence of strong local collaboration, unprecedented, probably saved us anywhere from eight to 18 months of time. Now, of course, we lost some of that with the current Federal shutdown, but who would have known, right? And this application - - or the applications before you and the hopeful approval as we move forward will be further evidence to our Federal partners that both the County and the City are working on this together. And I want to note that we are also appreciative of the additional $2 million that the City invested in the project last year to go with the County's $46 million; which, in the end, will leverage a project that's going to be well over $350 million, over 1,450 units of housing of all sorts; housing for the City of Miami Page 190 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 elderly, public housing, affordable housing, workforce housing, housing that we all need, that Miami needs, that the County needs to alleviate our crisis in that arena. Thank you very much, and I'll turn it over to Mr. Dotson. Commissioner Carollo: Thank you. Albert Dotson: Thank you, Mr. Liu. First, Al Dotson, with Bilzin Sumberg. I'm joined with my colleagues, Javier Avino and Carly Grimm, and representing Related Urban. Directly behind me is Adolfo Enriquez and Albert Milo, and Corrine Bradley. We are here to speak on behalf of our client, RUDG, who will be the actual developer on the site, even though the County is the applicant. Because of the transformational nature of this project, I'm going to walk you through something that this City should be proud of- what we are doing, what we've done, and where we've come from. The young man, Xavier, who spoke earlier, who started the applause, he made a comment that I'm going to use throughout this presentation to remind us, it's not where we begin, but where we end that really matters. So first, if you take a look at your screens, you will see the overall project site plan. And this is a plan that had been developed over a series of years. What you may recall, this project was first presented by Miami -Dade County in 2015, in May of 2015; that's when the RFP (Request for Proposals) was issued. And significant County and City engagement began at that moment, especially by RUDG, Related Urban, notwithstanding what the County did itself. The responses were due in 2015, and evaluations took place, along with the (UNINTELLIGIBLE) in 2016. And then the County Commission ultimately approved it. Before I go into sort of the history here, I just want to remind us of something. September 2016 is when the master development was approved. From that moment on, it was significant engagement with the neighbors, as well as the residents. There were several charrettes that took place: On September 29, 2016, a charrette related to housing and historic structures; on October 13, 2016, we had a meeting on public safety to get input from the residents; on October 20, 2016, another public meeting on community amenities; on October 27, 2016, a public meeting on economic development and Section 3 hiring; on November 3, 2016, on art in public places and public transportation. We received that input, and then we paused. Related Urban came over here and met with Commissioner Hardemon on November 10, 2016, because we wanted him to have the benefit not only of what we proposed, but what the -- what his community was saying they wanted before we developed the final plan. In the final plan, you're going to see that we're going to talk about took into account his input that he gave us as related to orientation and respecting the surrounding homeowners in the area, and making sure we revitalize 62nd Street; something you've already heard from some of the residents. So let me just provide you with an orientation of the existing site. This site, after World War I, was built in 1930 -- no--1937, I think, is the year in which it was built. It was only housing. Only housing was there. And what you're going to see is the condition of those -- of that housing that you see here is deplorable, quite frankly. Here's another picture of the existing housing conditions. And this is what the work has been, as part of the new construction and where we are, and what we're transforming this community to. Now, you have many, many, many presentations before you that talk about transformation, and changing neighborhoods. We could have simply come to this project and replaced the housing with housing; addressed the existing housing condition with new housing. But that's not what we have here. But let's talk about the housing for a moment, because we want to make sure you, as the City Commission -- because this project is in your backyard -- really understand what's taking place on that site. The original public housing units were 709. The occupied public housing units at the time we began were 610. And the total new public housing units will be 640, and the total new non-public housing units will be 815. So to the person who asked the question about property values and what will happen, just on housing alone, we're going to make sure that there is housing for the existing residents and to bring new residents to that community. So it'll be 467 City of Miami Page 191 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 affordable units, 288 workforce and market rate units, and 60 homeownership units. We're converting a public housing community into a mixed income, and a significantly different housing mix within Liberty Square. That gives people not only hope when they're working, but an opportunity to see as they move up, there's opportunities that remain a part of your community, for a total of 1,455 units. Now, we want you to be clear on this request. We are not asking for more units than 1,455. In fact, today we have the right to do 1,776 units. So we're reducing the number of units that are permitted on this property, because we're creating a community; not simply housing, not simply replacing housing, not simply rehabbing housing, but we are creating a community. Now, I want to make sure that Commissioner Hardemon has an opportunity to focus on this particular slide, because this is one of the things that he asked us to make sure that we would do, and one of the commitments we made when this came before the Board of County Commissioners. There is a Community Benefits Agreement as a part of this development like no other; not one that was imposed on us, but one that we brought to the table, one that we developed that included the entire community, to make sure that the community not only saw change, but participated in the change from the beginning of the construction all the way through to the businesses that will be occupying that space. Now, nobody -- if you take -- if you ask Miami -Dade County with respect to performance of minority and small business participation, these numbers that we've already reached don't get reached throughout the entire Miami - Dade County program. We made -- and I'm going to quote the Superintendent, who, while he didn't speak on this item, really laid the groundwork for it. Sometimes you've got to do things that are bold in order to really make a difference. And this is one of these projects where we made a bold commitment with respect to hiring, to make sure that there's local hires within zip codes 33142 and 33147. You've heard some of the testimonies of those people who weren't promised an opportunity, but actually saw the realization of that promise, and they're actually participating. Two programs that it's important that you know -- again, as representatives of the City, something unique is taking place here that's not taking place anywhere else in the country. It would have been almost impossible under the HUD rules to hire people who did not have skills, because of all of the Federal regulations is a part of this construction. Related Urban made a commitment to make sure that those in Liberty Square could participate in the construction, so they created their own program. They went to HUD, they went to the Florida Department of Education, said, "We've got to change this. We must be able to create an apprenticeship program where those who are not skilled today can become skilled as a part of this project. And those skills, as you heard again by one of the testimonials, are not simply about today's development, but it's about bringing people an opportunity to continue to work after this development is constructed. So we have a certified Department of Labor, US (United States) Department of Labor Apprenticeship Program; one of the first in this country. We also recommend to you, when others come before you, say they can't find enough labor from the people who reside in the area, there are ways to do it if you're prepared to make a bold move, and you truly believe in transforming communities. The Boot Camp Program, I can't say any more about that than what the young people have said already. It's about making sure that all the people of this community have a real opportunity to re-engage and to avoid the issues of recidivism that impact people who find themselves in an unfortunate place in our justice system. The local contracting commitment -- I just told you about the people we've hired, but let's talk about the small business and local contracting commitment. This has never happened in this community -- never, ever -- where developers come before you, before the County Commission and committed to having 50 percent of the value of construction contracts go to small and minority businesses, 50 percent; never happens. That's a commitment that we have in writing, it's a commitment that we've made, and it's a commitment that we're meeting already as a part of what we're doing. These are -- we're at -- right now, we're at 59 percent of small business participation in this project. So when people tell you it can't be City of Miami Page 192 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 done, if you have a developer who recognizes the importance of total inclusion, it can be done; it absolutely can be done. So the new construction is taking place here. It's interesting, the conversation about the anecdotal evidence that new construction in communities that haven't seen it in a while impact families beyond the statistics. So this is the construction that is taking place now on the site. You get an opportunity to see what's happening. We not only agreed to do certain things, but you can see that we're actually doing it. And back to our November 10, 2016 meeting with Commissioner Hardemon. He made it clear that the residences needed to be on the north end of that property to make sure that there was a transition between the residents that are just north of Liberty Square and the residential development that's going to take place. You'll see Blocks 1, 4, and 7 at the top. We didn't come before you for a zoning change, because those could be built and demolished without any zoning approval. There's one other thing that you should know that is very different from the other team that bid, and even the County's vision about this property. We could have simply demolished everything, moved everybody offsite, and then moved them back when we were finished. But that's not what we did. We did a little due diligence about the neighborhood to make sure that we understood how the neighborhood operates. And if you don't pay attention, you could create unsafe environments, simply by moving somebody a few blocks away from where they currently are. So what we did is we looked at the number of vacant units that are currently there. We moved people into the vacant units onsite, because that didn't disrupt their schools, it didn't disrupt their transportation, and we were constructing without moving people offsite. So you -- just to give you an idea of what's taking place on the northern end of the property, you have public, affordable and workforce housing, garden -style buildings being constructed. And this gives you some idea of the -- of what they're going to look like once they are finished. And then Phase II demolition is actually underway. Again, you're going to have -- as a part of Phase II, the public, affordable, and workforce housing garden -style buildings that, again, when done will look like this. And then lastly, again, on the back north end, more public, affordable workforce housing, to give you some idea of what it, too, will look like once it is done. So redevelopment of Liberty Square to the subject zoning, why are we here today? The neighbors have told you now; Commissioner Hardemon told us on November 10, 2016; and the US Department of HUD is now telling public housing authorities all around this country, we've got to go from just rebuilding housing to transforming communities. We've got to avoid the food deserts that are in areas, the lack of access to quality services, and bring them to where the people are. So this development is going to not only include the housing that I mentioned, but a 40,000-square-foot national grocer, which we could not do -- we could not address that concern of that community without this change; a 20,000-square foot community recreational center. And someone used these words as she came up; she was a business owner, one of the testimonials and request of you, "What's going to happen to the mom-and-pop businesses?" One of the things that we did that our competitor did not do is we went around and met with the existing business owners to find out what they would need if they wanted to move in the new property that we were developing. So the size of these retail units have been designed so that we can replicate some of the activity that's currently there, but more importantly, address the issue of creating life and vibrancy, and activity along Martin Luther King Boulevard, as you heard earlier, healthcare facilities, early learning childcare facility, and open space, and a small business incubator. So it's not simply about the existing businesses and making sure that they have an opportunity to move, or new businesses coming in, but those who may have a desire to create a business. We wanted to make sure that there was space for a small business incubator, and then the educational facility. I've got to go back to what the Superintendent said -- even though it wasn't on this item -- about the need to make sure that we're investing in our children. Those were his exact words, because that's how you really change a community. We've also decided on our own, before -- long before the Superintendent came up with this idea to create our own scholarship City of Miami Page 193 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 program, to make sure that the residents of Liberty Square would have an opportunity to not only work, but see the -- to see what life might be like if they continued to progress through life through a higher education, and then be able to access the scholarship fund that we have. So again, just by way of orientation, you see Liberty Square. Across the street is T5-O, and we -- and our request -- and actually, let me make sure you're aware of this, as well: On the south end of Martin Luther King Boulevard, you have T5-O, and then on the east and west of the T5, you got the T6-8, which allows you to go up to eight stories on either side. So the height that we are creating along Martin Luther King Boulevard and the ground level retail will not only create life and a vibrancy -- or ignite it where it needs to be promoted, but it'll also be consistent and compatible with the surrounding zoning. You should also be aware that we had a lot of conversations with the community about the need for elderly housing, and renovating the historic community center. We could have demolished it. We have a video, but we're not going to show it to you today, about the history of Liberty Square, but the significant history about which the residents are very proud. And we did not want to remove all the buildings and eliminate some of that rich history that is part of Liberty Square. So the historic community center was the building that the residents said, "We want you to preserve," so we're renovating it, and we're doing to keep it there. And we're also going to have elderly housing, which we moved around to this location as a result of our -- of the charrettes that we had, and the fact that the neighbors said they wanted to make sure the elderly housing was not in the back, but closer to the front, so they had access to transportation. Again, you can see the elderly housing and the park are going to be created in front of it, the commercial buildings along 62nd Street, and the community park and educational facilities will be in the middle and accessible by all of the residents that will be there at Liberty Square. There's the youth enrichment and educational facility, what that would look like once it is done; the community center, the community park, and the community health facilities and commercial buildings that'll be along 62nd Street. There'll be these type of commercial buildings and office space, and retail. I think I heard Commissioner Hardemon say that he had some thoughts about really creating communities. And if you go to Miami Lakes, if you go to Doral, if you go to many of these communities that have thought about planning and what communities should look like, they want to make sure that this -- along the commercial corridor you have activity, and you have access to retail that people will use. We have some public housing, affordable housing along 62nd Street; again, above the ground -level retail, and you can see what those residences will look like, and the type of activity we plan to bring to that -- to the community. And I keep saying, "we plan to bring," but we plan to bring it at the request of the residents and the surrounding neighbors, and just some idea of what it will look like along 62nd Street if this is approved in order to provide the retail. There can be no commercial or retail along 62nd Street unless you approve this request. Right now we can put residences there, but absent this request being approved, no retail or commercial vitalization along 62nd Street can take place. And then in what is -- if I've got my directions correctly -- the southeast corner is where you'll have not only residential and retail, but again addressing the food desert issue that exists in the area by bringing a grocery store there. So we just wanted to give you some idea of what it might look like, night and day, and that's our presentation, to -- Commissioner Hardemon: Can you go back? We'll have the Mercedes Benz? Mr. Dotson: I'm sorry, Commissioner. Commissioner Hardemon: Whose Mercedes Benz is that? Mr. Dotson: I'm not sure why we need your car for this presentation -- Commissioner Hardemon: I don't think so. City of Miami Page 194 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Dotson: -- but we had to pick somebody's car. Vice Chair Gort: That's pretty good. Commissioner Hardemon: Don't start with me. Chair Russell: Thank you very much, Mr. Dotson. Applause. Chair Russell: Please hold your applause. Commissioner Hardemon: Do we have any -- All right. I have a number of questions that I kind of need to be put out in the open, because I need to understand exactly what's going on here. Well, first, it seems to me -- and this typically happens, and this is why I really don't like to get involved with P&Z (Planning & Zoning) items long before they're actually presented before the Commission, because these presentations change. What people expect, what people want from us in the Commission usually changes; and so -- because one of the things that I was looking for here in your presentation that I did not see is a change to T6-8 along MLK (Martin Luther King) Boulevard. I remember that was a part of some -- a discussion at some point, and that was one of the things that I was not excited about, and part of that reason is because I found that in more well-to-do areas that people fight like hell not to have increases -- major increases in density. But in the areas where people earn less per year, and they typically have less concern for the neighbors that are moving in that we've increased the density so much that the people who are surrounding homeowners don't have the same neighborhood feel that they used to. And so, we want to be able to have a neighborhood in our communities that is just like neighborhoods in other communities, where there's not an increase in density, especially when you're talking about that density increase being majority ELI (extremely low income), low income housing. I think that all neighborhoods deserve some sort of affordable housing. And so, when you start to take areas that don't have the density, that don't have -- when you have areas that don't have the density and you never introduce new housing there that's affordable, but you only put it in areas where people are of lower means, I think that's -- it does a disservice to the neighborhood. So on the MLK Boulevard, it seems that you're going to T5-O from T4-R? From T4-R. You could step to the lectern, please, and state your name on the record for me. Javier Avino: Javier Avino, with law offices at 1450 Brickell Avenue. Commissioner, you're absolutely correct. The request is to go from T4-R to T5-O. Commissioner Hardemon: All right. So -- Mr. Avino: And that, as we stated is to accommodate the commercial uses, primarily. Commissioner Hardemon: Still increases the density, right? But at least it is not a major increase in height and the bonus increased density that it would create if it was a T6 -- Mr. Avino: Correct. Commissioner Hardemon: -- 8. Now, I know that there's always an appetite in development to always do more, so I can anticipate -- and the board members who will be here -- you should anticipate when I'm gone, especially, that there's going to City of Miami Page 195 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 be an application to go bigger, and I just want to caution you, just to think about your neighborhoods; you know, think about where you live. Everybody who lives in Liberty City is not a criminal. Everybody who lives in Liberty City didn't get out of a jobs program. Everybody who lives there does not rent their home, and these people moved into these areas a long time ago when there was opportunity for them to find better housing, better living conditions, et cetera. Liberty Square was not always a place of crime and squalor, and single-family -- single parent households where the kids didn't have the support that they supposedly need. That happened over time. And so, I want you to just keep in mind that the people who remain homeowners in these neighborhoods that's around there, we owe them; we owe them increased property values, right? We owe them an opportunity to have a neighborhood that is free of the congestion that other neighborhoods don't suffer from. So I just want you to really think about that as we move forward that, yes, there are some areas along 62nd Street that are T6-8, but I can guarantee you that those T6-8 areas do not have any of the benefit -- there's -- the sort of development that you would have and the sort of streetscaping that you would have where you could have businesses on 62nd Street that would exist in areas where people have more means to spend does not exist there, and there's a number of reasons why it does not. There's a number of reasons why it's an increase in public properties and social service things on 62nd Street, and will continue to be, you know, if certain leadership allows them to be that way. And so, you know, for those of us who live in that area, who can walk to that area, you know, it's important that the neighborhood feel that was described by the eloquent lawyer that they've hired to speak on their behalf is evident. We need to be able to buy sandwiches, we need to be able to enjoy a cup of coffee, to read the newspaper. You know, you need to be able to do all the things that people do in other neighborhoods. We want to be able to do that in our neighborhood, as well, because we travel to other neighborhoods to do it. And so, it's important, and that's why just going from the T4-L and considering the T5-O, which gives you that ability to do it, I think is essential. I mean, I think that's an important step along MLK Boulevard, so I'm happy to see that. When you go further west on Martin Luther King, Jr. Boulevard, I mean, besides homes, as in Liberty Square, that's right there on the north, you'll see brick walls. So this really -- there's not much -- there's no reason to really stop there for many people. And so, for those of us who do stop there to see our family, to see our friends, to go to the park -- right? -- to play football, to play baseball, all those things that we did in that area and we continue to do in that area, or just walk to school, it's important that we provide them better quality there. But -- so I'm happy that this presentation has matured. I'm happy that it's something that is lower in scale, lower in size, it respects its neighbors, it's not just some massive structure that's being placed inside a residential neighborhood, because it is a residential neighborhood. No matter what crime has been going on around there, no matter what negative things have happened, it is still a space that people live near, and they expect the same sort of respect from developers and from this Commission as they would get in any other areas where the property values are a bit higher. So part of my issues really come to the promises that have been made with this sort of development. I know that there has to be some development agreement, and in this presentation, there are some things that I did not see that I've seen in previous presentations that were not made to the City of Miami. And just to clarify, for the November 10, 2016 meeting that was described on the record by the attorney, who so eloquently not only spoke, but gave jokes, that was had in my office, this was before the application that came before the City of Miami. So I would beg to say that there's no need for a Jennings disclosure for that, but in an abundance of caution, like my attorneys like to say -- I don't operate from an abundance of caution -- I'm going to allow them to allow me to read one into the record, and I'll just do it for both sides, just in case, right? So I'll do that before we move forward in anything. But there were promises that were made. So I'll give an example. Well, first, a question. I have a question for you. Can a lease agreement be signed and City of Miami Page 196 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 agreed to before an actual structure is built where that lease agreement will apply to? Mr. Dotson: Short answer, yes. Commissioner Hardemon: Glad you said that. I figured so much so, but it's always better when someone like you puts it on the record. Okay. Second question: Do you have any lease agreements right now for any of those facilities that are at Liberty Square? Mr. Dotson: The answer is, "no," and the reason for that, while you can sign a lease -- I thought you were going to a ground lease -- Commissioner Hardemon: I'm sorry, excuse me. Mr. Dotson: -- I thought you were going to whether you could sign a ground lease before structures are built. Of course, you can. To sign a lease before the buildings are designed, and you got square footages that you've identified would be very difficult, because you don't even know what it is you're leasing. We've got concepts that we will better develop after you approve this. We have some ideas of partners that will go into some of the spaces, but signing leases with them and obligating them this early on is not something we really wanted to do. Commissioner Hardemon: So then there is not a -- there aren't any architect -- well, what we're looking at are architectural designs. These are the renderings -- Mr. Dotson: That is correct. Commissioner Hardemon: -- right? It does not necessarily have to look like this; is that correct? Mr. Dotson: Well, the good news is you're seeing actually -- Commissioner Hardemon: Some buildings that are made, right on 15th Avenue. Mr. Dotson: -- the buildings that are actually being constructed and look like the buildings you saw on the renderings. Commissioner Hardemon: But for the commercial spaces, the mixed -use spaces, the spaces that are now going to be T5-O -- right? -- we haven't built any of those yet. Those places are still residential areas. And so, my point is that what you've shown us on this photo slide gathering, it is not necessarily what will be built for the T5-O. Mr. Dotson: That is correct. Commissioner Hardemon: Okay. So the promises that were made to organizations to have space in these developments was made in spaces like that, the T5-O spaces. Mr. Dotson: That's cor -- not all in the T5-O spaces, but for the most part, yes. Commissioner Hardemon: Right. And so, where I'm going with this -- and I'm sure you understand -- is I don't believe that the development agreement that you have really, truly has the guarantees enough to ensure that the people that you made those promises to have an opportunity to actually have space here. And so, what I -- what would make me much more comfortable, especially with the business owners that are in this area -- I mean, you've met with a significant number of people that made certain promises to organizations to participate in this space -- is some sort of lease City of Miami Page 197 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 agreements to say that this person is going to be here. Now understand -- look, you - - it may be you -- I think you under -- we understand each other that you don't know the exact square footage, no. Right? But you could certainly design a document that would speak to no more than 4,500-square foot rental space, no more than this, no more than that, and you could certainly ident at least some values to what it's going to be so that we could say, "Okay, well, this young lady owns a business, and she's going to be in that development," as compared to, "Well, we're going to have these sorts of businesses op" -- "business opportunities there," and then you use certain people to go and speak on your behalf and then they never have an opportunity to benefit; that's first. And then second, you know, I know there's -- it was nice to see the gentlemen from the Boot Camp. They look better in their suits, when they normally dress in their suits than the shirts, but it's important that we understand that the people that are supposed to move back -- I know the promise was made that people are going to be moving back into that -- to those developments. And so, part of the new housing that's being developed right now, people should be able to move back in there. But one of the things that a promise was made for regarding this whole development was that there's going to be opportunities for homeownership, right? And it seems to be that that is on the back end, not on the front end of this development, and not everyone who lives in Liberty Square, of course, pays zero dollars. Not everyone who lives there pays $100. Some people pay significantly more. And so, maybe they have an opportunity for homeownership. And so, the first question I have is, have we thought about -- have we truly thought -- because what I'm worried about is that homeownership may not ever come to be a reality for the people that are going to be in this space, because, quite frankly -- and the question is very, very honest -- who wants to buy a home in public housing -- right? -- in the middle of a development of public housing? But if you had people who were willing to buy a home that actually lived there today to move there first, and then people have an opportunity to see, okay, this is -- those people have the first opportunity at public -- I mean at homeownership instead of them waiting many years down the line when they can't afford to actually buy that space, and then they have to move out of that apartment unit. And so, I want to know about that timing of the homeownership. Mr. Dotson: Okay. And so, I'm going to divide your questions into a couple of categories. Commissioner Hardemon: Yeah. Mr. Dotson: The homeownership question will be answered by Albert Milo, but your questions -- I must say and put this on the record: That you have continued to show a real focus on community involvement ever since this project was on your radar screen, and to make sure that what we are doing is responsive to today's community needs, and what they are in the future. And a lot of what we have done is in response to that continuing leadership, whether we met with you or heard your focus in those areas through other forums. You should know that the development agreement that we signed with Miami -Dade County and the promises that we made to those who said they wanted to locate on this property were actually incorporated into our development agreement with significant penalties if we don't comply; not just a breach of our agreement, which is bad enough, but liquidated damage associated with our failure to do what it is we promised to do. So every promise you've heard at the County Commission meeting, every promise that others have shared with you that we've made with respect to their participation and what we were going to do is an exhibit in the agreement. I'm happy to provide you with that so that you can know what it is we promise to do and what our agreement requires us to do; that's just one layer of it. City of Miami Page 198 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: And to touch on that, that agreement is not provided in the backup documentation that we have before us. Mr. Dotson: Okay. Commissioner Hardemon: I'm saying this to you now. Mr. Dotson: Okay. Commissioner Hardemon: So I didn't have the opportunity to read that and understand what's being -- what promises are being made. Now, I was very respectful to the County, and I did not interfere with their process of RFP intentionally, to allow our district Commissioner, District 3 Commissioner Audrey Edmundson an opportunity to really do what she set out -- whatever she wanted to do there. I wanted to give her that autonomy, even though this development affected, of course, my constituents, as well. And so, now, you know, moving forward now, where in the City, we're asking for zoning changes, this is outside, really, her purview. This is where the City of Miami has an opportunity to opine on the issue. And typically, when we have such significant benefits that are being passed on to people who will receive a profit -- right? -- from developing housing, we create scores of incentives. Now I understand what sort of housing we're creating here, but there are still things that can be guaranteed in development agreements that may not be develop -- maintained in that development agreement. And so, just to start off with, I know you wouldn't expect me to vote in favor of something where I'm not aware of what those promises are and what the penalties are. And we agree with penalties, damages for not meeting goals. We -- I think we created that here with teeth first before Miami -Dade County did so. And so, all these things mean the most to me. Anybody who lives in Liberty Square -- and there's no Commissioner up here that's ever slept there but me -- right? -- in the beds where my family -- You slept there, too? Vice Chair Gort: Long time ago. Commissioner Hardemon: Long time ago? You had a girlfriend there. I always knew that. That's when it was the good times, huh? Vice Chair Gort: It was a different neighborhood. Commissioner Hardemon: It was a different neighborhood in the '60s. And so, you know, so it's important to me to ensure that the people who live there, the people who look for opportunities there, that they truly have an opportunity to get what it is that they've been promised. And so, I want to hear more, because I know you had some additional things to lay on the record, and I want to hear more from Milo when he gets to the housing issue. But I'm letting you know right now that that's who I am; that we -- I don't have -- we don't have the complete picture here, because if not, then we need our own development agreement, and I know you don't want that. So -- but it all depends on, you know, what's -- what you have in your document, in that nice -- that's the book there? Mr. Dotson: It is. Commissioner Hardemon: Is that the only copy that's like that, that --? Mr. Dotson: It's the only copy that's going to be here in this building. Commissioner Hardemon: That's a hardcover copy. City of Miami Page 199 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Dotson: Yes, it is. Commissioner Hardemon: It's really nice. Go ahead. Mr. Dotson: With respect to your comment, and the reason I wanted to go through all of the public meetings that we had is because I wanted to make sure that this body was comfortable that there was significant public engagement, both before the award and after the award. And the reason I quoted Xavier -- because I think he had it right -- that it's not where you begin, but where you end. And could there have been more communication on the front end? We can speculate on that. But I want -- Commissioner Hardemon: I want to interrupt you for a second. Mr. Dotson: Sure. Commissioner Hardemon: I have no qualms with how you got here. Whatever process you went through, it does not matter to me. All that I care about now is the promises that were made and how we can ensure that we participate in ensuring that those promises are kept, because when we typically have an agreement like this or a request like this before us, there are usually agreements -- development agreements that go along with it that make sense. And so, what I want to ensure is that -- I know you have a development agreement with the County, but I want to ensure that even if ours is in substantial -- how do you? -- substantially the same conditions or so that we have something that makes sense. I'm -- and I told you, I'm -- I like that the presentation that -- what you've presented to us has improved greatly for not only the people that live there, but for the people who live around it. But -- and we know that any improvement in the living conditions at Liberty Square is greatly needed, but the promises is what's most important. So I agree with the young man who said, "It's not where we begin; it's where we end" because I want to ensure that we end where we intend to end, and to do that, I think we just put in some minor parameters that make it -- that make sense. So if Ms. Smith wants to have a business in that space and you promised Ms. Smith some space in that development and you used her for two, three years to make presentations to the County and do the public comments, et cetera, then there should be a lease agreement that has Ms. Smith's name on it that she can actually use to say, "I'm going to be there," that "I'm a part of this." That's all that I'm looking for, because I think it's important that the people who were promised these things have an opportunity to have those promises fulfilled, besides the housing. The housing is going to be beautiful. So that, along with -- there were other things that were in your application, such as the improvement on 62nd Street. You want to make cosmetic improvements to the street. You know, in the City of Miami -- actually, out of my budget -- we made improvements to 62nd Street. So we've planted flowers and trees and different grades and different heights, colors, et cetera. We didn't necessarily have the budget necessarily to install new trees, tall trees, up -lighting; things that make your approach to Liberty Square a beautiful one. Those are things that, for instance, are not done today that could be done sooner than later. So it would be nice to show that, okay, yeah, you're doing some development in Liberty Square, but how about making those improvements in the right-of-ways [sic], the linear park that's on 62nd Street, making those improvements today versus making them in 10 years. The community center, I'm not sure what phase the community center is actually going to be completed in, but these are all communal locations that can be completed today so that the people who are there now, some who may not return, will have an opportunity to enjoy those spaces, as well. And so, these are some of the things we just want to -- I want to make sure that we're all on the same page about, because I think it's important to get those things done, because if not, you're going to have new housing that's built, you're going to have some of us that move in, some new people that's going to be there, but everyone's not going to be able to enjoy the space until many, many years from now. City of Miami Page 200 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Dotson: And so, I just wanted to continue to explain why I wanted to -- why the process was important, because the input that we received is what led to the plan that's before you. The agreement that we have is a result of those inputs, as well. Our agreement to do certain things and make sure people were included, all the representations that were made is a part of our very initial award, are also incorporated into this agreement. So I -- the reason I wanted to share the process is it wasn't simply we proffered something, we thought it was a good idea, but it really came from the community itself. And to your point, there were promises that were made and promises that were incorporated, and there were promises that were made, and as a part of my presentation, I wanted to show you that they're -- those promises are being met, because that, too, is in this agreement. So as we go forward with respect to space and the -- in the areas, we can have MOUs (Memorandums of Understanding), we could have some type of agreements, and there's all kinds of ways in which one can proceed. But the construction timeline and the phasing of it - - because you -- we've talked about phasing in two different categories -- one on the ownership piece, as well as some of the community components. So I'm going to have Albert talk about the homeownership, so you understand why it's in the phase that it's in, but that we did include it for the reasons you mentioned; and then, why the other community assets that are part of this development are in the phase that it's in, because you remember that the northern part of the property -- In order for us not to relocate people outside of Liberty Square and -- made another commitment that we had that our competitor did not agree to do -- we didn't want people to be displaced. We wanted them to stay in their community. So moving people around within Liberty Square in the phases with which we do it has got to be true to that commitment, as well. So I'm going to let Albert say a little bit about the homeownership. Albert Milo: Morning, Mr. Chairman, Commission. Albert Milo, President of Related Urban. Thank you for your comments, Commissioner Hardemon. So as it relates to the homeownership piece, it's -- I couldn't agree with you more. I mean, we felt that homeownership is an integral part of what we wanted to incorporate into our redevelopment plan. We were the only proposer out of eight proposals that had one unit of homeownership. Nobody ever thought to think about, hey, how can you incorporate, or why should you incorporate homeownership into a redevelopment of public housing? We did. Now that process has already started. Why? We've got a homeownership club that's being sponsored by One United Bank, and we've already started having monthly -- actually, bi-monthly meetings with some of the -- initially, with some of the residents of Liberty Square, because, obviously, homeownership is a different level of responsibility; specifically, financial responsibility and how to get them on that path to homeownership. But we've also now tried to increase the club, not just for residents, but also for interested folks of the area that might want to get themselves on the path for homeownership. So we do believe that it's going to be something that is going to be achievable. We've committed to 60 homeownership units as part of our agreement with the County. And it's in the latter phase only because of what Mr. Dotson explained, because we wanted to make sure that we had the ability to move residents around within Liberty Square, first and foremost, the ones that are not going to be homeowners, and not have to move them offsite while we clear up blocks. For instance, Phase I is a perfect example of that. There were 58 families that resided in Phase I out of 73 units that were part of that block, that northwest block. We relocated those 58 families onsite. We demolished all 73 units. We're rebuilding 204 units, 73 of which will also now be public housing. As those units get completed now in the next couple of months, those 50-some-odd families move back, plus an additional 14 or 15 that we -- you know -- take from the subsequent phases. As we complete phases, the puzzle becomes a little easier. Why? Because we have less families to try to move around; that's why we're moving on the three northern blocks. So Phase II is intended to start construction -- I guess it City of Miami Page 201 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 depends on the Federal shutdown, but it's intended in the next 30 days or so to start construction; the same concept. We're moving families out of that phase into other blocks. They'll come back to that phase, and then Phase III is already in finance; the same three-story garden -style apartments, but that one's 194 units. Phase II is also 204 units, so we'll have about 600 units in those three northern block [sic]. That is going to allow us to gain additional momentum, because now we've housed sufficient families to be able to move through that development plan that you saw there. Chair Russell: One moment, please. Commissioner Reyes. Commissioner Reyes: Yes. Mr. Milo, I have a couple of questions now that you mentioned homeownership. That's -- it's very important to me that we provide the ability for people to purchase their home, and I think it's extremely important in every neighborhood, particularly in Liberty City and Overtown. But when you said, "homeownership," could you be a little more specific? How much are those apartments are going to be? Because they are going to be condominiums, right? Mr. Milo: They're going to be what? Commissioner Reyes: Condominiums. You're going to --? Mr. Milo: They're going to be townhome-style units. Commissioner Reyes: Townhome style? Mr. Milo: Yeah. Commissioner Reyes: Okay. How much will be? Mr. Milo: They're probably going to be offered -- the idea is to have, you know, a portion of them to be offered under the City's Affordable Housing Program or the County's. You know, the price limits are pretty similar. The County's, I think, is at 225 now, but they're in the process of making a modification to that, and I believe the City's is at 236. So it's in that -- in the range, if I'm not -- Commissioner Reyes: Okay. Mr. Milo: -- mistaken. Commissioner Reyes: Okay. Just a suggestion: If you can increase the number of ownership -- townhomes that could be offered and -- so we can increase the ratio of ownership in Liberty City. I mean, I really -- I will really like that. Another thing that I am a little concerned is the residents that now they are living in Liberty Square, and they have been displaced, I mean, and you have moved them to a different place. And do they have the right of first refusal? And they're coming back, but I want to make sure -- How much are they paying now where they live? Mr. Milo: So all the residents that are onsite are public housing residents, so their rent payment is based on 30 percent of their income. So -- Commissioner Reyes: On their income? Mr. Milo: On their particular family income. Commissioner Reyes: On their particular family income. City of Miami Page 202 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Milo: So not -- they have two protections. Not only do they have the right to return, because they're -- Commissioner Reyes: Yeah. Mr. Milo: -- actually still living onsite, but they also will come back to a new unit at the same -- Commissioner Reyes: The same? Mr. Milo: -- public housing rent. Commissioner Reyes: At the same rent? Mr. Milo: Correct. Commissioner Reyes: Okay. Mr. Milo: It's not too different than the project we built in your district, Smathers, right? Commissioner Reyes: Yes. Mr. Milo: Where we were able to build a new building. Commissioner Reyes: Yes. Mr. Milo: And we moved, you know, 82 elderly public housing residents from one building that was vacated -- Commissioner Reyes: Totally. Mr. Milo: -- into the new construction. Those residents, their rent -- even though they had a brand-new beautiful new unit, their rent structure didn't change, and their protections didn't change, because they still remained public housing residents. Commissioner Reyes: Okay. And when those that are not residents, that they are going to come at 30 percent of their income, what would be the rent that new tenants are going to be paying when you said, "affordable"? You're talking about affordable and you're talking workforce, and market rate. What do you mean by "affordable"? Mr. Milo: So the rent structures, you know, they're going to vary on the nonpublic housing units, you know, from $800, roughly, let's say, to $1,500; between two- and three -bedroom units, they vary, you know. Commissioner Reyes: Right. Mr. Milo: We have some four -bedrooms, but those are -- Commissioner Reyes: But those are market rate. Mr. Milo: Yeah. They -- but that's from -- I'm giving you the whole spectrum. Commissioner Reyes: That's right. You're giving them to me -- you're give them the spectrum. Mr. Milo: Right. City of Miami Page 203 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Okay. Another thing that I -- and I want to make sure is taken into consideration is rent increase, you see; yearly increase, or the -- as time goes by, what percentage should be allowed for increases in rent, particularly to those tenants that they are low income? Because I -- and we are not -- my opinion, if we are renting at $800 and -- but next year, we increase rent to $900, and so on, some of those -- I want to make sure that those people are not suffering; that pretty soon, they're going to be market rate and -- Mr. Milo: Yeah. So that's a great question. The -- Commissioner Reyes: Is there any covenant in sight -- Mr. Milo: Yeah. So we will have -- we have rent -- Commissioner Reyes: -- that you're going to be able to do that? Mr. Milo: We do, because we have rent regulatory agreements in place, separate and apart from our development agreement with the County. But, you know, the deals are being financed with tax-exempt bonds and 4 percent tax credit, so there are rent regulatory agreements that dictate that those rents are subject to the AMIs (area median incomes). Now as AMIs increase, that's -- it's percentage -based right on that AMI. And we -- obviously, we get the information from the Federal Government as those charts are released. Commissioner Reyes: Yeah, but the AMI -- do you use any -- it is the County AMI? Mr. Milo: The HUD area median income. Commissioner Reyes: The HUD? Mr. Milo: Yeah. Commissioner Reyes: Because you have -- using -- you're using HUD money. Mr. Milo: Right, yeah. Commissioner Reyes: But -- Commissioner Hardemon: But it's -- that increase is as soon as you build -- well, it increases now. Commissioner Reyes: Yeah. Commissioner Hardemon: Because if you have units of public housing where the average income there is $10,000, and you introduce affordable housing where the average income is going to be higher than that, then theoretically, the AMI, it goes up, so whatever you're paying for rent, it should be higher now, unless that 30 percent of income thing remains in place. Commissioner Reyes: That's right. That's -- Commissioner Hardemon: But the 30 percent of income is an interesting fellow, as well -- Commissioner Reyes: Yeah. City of Miami Page 204 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: -- because it discourages people from actually reporting proper income, because if I can keep my rent at $150, then why report income? Because, you know, I can always pay $150. Now there was a time in which in Liberty Square where the more money you made, if you started to really price -- you basically priced yourself out of the community. So earn more money now, and now it's time for you to go and rent somewhere else, because it probably was cheaper. Now if you're making, you know, $50,000 a year, 30 percent of that would be probably too much to live in Liberty Square. Maybe you would move somewhere else, and people live -- move to buy houses and such. So how are you addressing that 30 percent, the straight up 30 percent? Mr. Milo: Right. Commissioner Hardemon: And then we know the honest truth is that we -- the affordability for the affordable rates are going to be, you know, they're going to be trending up, because you have more people living in the neighborhood that earn more money. Mr. Milo: Right. So that's another great question. So in public housing, you have the ability to be, you know, let's say at 30 percent of AMI or below, which is extremely low income, but you can go all the way up to 80 percent and still remain a public housing resident. So as your income increases -- and that's our goal. You know, the goal is for you to hopefully get on that upward trend to increase your income and increase your net worth, and have, you know, a better situation. So you still can remain a public housing resident. The difference is that as your income increases, your rent might increase, but it's still locked into that 30 percent of what you're now making. Commissioner Reyes: Yeah, yeah, because if you're making $2, 000 a month, and you got 30 percent of it, it's going to be $600. Mr. Milo: Right. Commissioner Reyes: You see? Mr. Milo: And if you make 3,000 -- Commissioner Reyes: And if you make a thousand, it's $300. Mr. Milo: Right. Chair Russell: Commissioner Gort. Vice Chair Gort: Look, the way I look at this, to me, homeownership is very important. And getting people that have business within the area to stay with the businesses there is a great economic development. It gives the opportunity of the person to make more money. There should be more jobs opening in there with this type of project; that's why it's so important. This is a significant project that can make a change in that whole area and improve that whole area if it's done correctly. So another question you got from me is that we want to make sure that whatever it is that's promised, it can be maintained. Mr. Milo: Come again? I didn't hear it. Vice Chair Gort: To be maintained. Sorry, I've been having a cold. Mr. Milo: Yeah. City of Miami Page 205 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Commissioner Reyes had one more question. Commissioner Reyes: Yes. I'm sorry. Commissioner Hardemon: Go ahead and then I'll go back. Commissioner Reyes: Okay. And I'm also concerned about the businesses, business opportunity for residents, and the type of businesses that you want -- bring into Liberty City. You see, I remember when I was the economist for the City of Miami, and we were always deal -- I was all -- dealing with the Overtown/Park West Redevelopment Project. We always asked this question: Why a resident of Liberty City, a lady that wants to buy a nice dress have to go someplace else -- Mr. Milo: Right. Commissioner Reyes: -- and buy, instead of being able to buy there? You see, we have to provide the quality shops that they can come in -- according to the means and all of that -- so they will, I mean, patronize businesses in there. But at the same time, it's very important to me that those businesses that are going to be developed in the area be owned by residents, also, and give them the opportunity to open the businesses and provide from you guys -- somebody with the City of Miami can do it - - you see, train them; train some entrepreneurs that wanted to go into business and lead them also -- I mean, teach them how to get funds from Small Business Administration, how to run a business, and all of that. I think that that way, we are also creating jobs for the residents, which I think is extremely important. Chair Russell: Thank you. Mr. Milo: So that's one of the other things that are in our development agreement, in our Community Benefits Program, is the, you know, concept of creating certain amount of square footage for mom-and-pop businesses. But though that sounds nice, you know, we realize that, you know, you take -- let's say 15,000 square feet, which is what we have in our agreement. We could build 15,000 square feet, but you can divide 15,000 square feet, let's just say, into three businesses of 5,000 square feet, each. And, you know, you could say, "Check the box." But we're not about checking the box. We're about making a difference in this community. Mr. Dotson talked about the Apprenticeship Program, and the reason why we came up with an Apprenticeship Program, the reason why I can stand here today and tell you that we are the only developer that has a Certified Apprenticeship Program is because that box couldn't be checked. Why? Because we were asked to hire unskilled workers. Right? That's the request. However, the guidelines didn't provide for that, because you had a skill, you had a pay chart that you had to pay certain wages, irrespective of skill level. So it was actually one of our contractors sitting here today in a meeting with me that asked me, "Albert, I'm willing to help. I'm willing to hire these people, but how do I do that within these rules?" And I said, "You know what? I don't know how you do that, but I'm going to find out." And we left that meeting, and we went to the School Board Adult Education, and we started pounding there and say, "You know what? There's got to be a way to do this." And out of that discussion, we came up with a Certified Apprenticeship Program that now we can have unskilled workers work for all the different subcontractors that you heard, get on a four-year path, get on a four-year trajectory to get additional wages, and get on-the-job training, in addition to having classroom education, and at the end of four years, they have a journeyman's license. Commissioner Reyes: Yeah, that's good. City of Miami Page 206 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Milo: So on the retail side, I agree with you. We're doing the same thing. One of the things we're kicking around is, you know what? It's not about the size; it's about starting the business. You talk about somebody that make dresses. I'm sure there are residents that are very skilled in clothing or making dresses, or having a store like that, where it's our job now to find spaces within that complex of 15,000 square feet and maybe make what we talked about, what we're calling a concept of micro retail. Why? Because maybe that business can thrive and start in 500 square feet, and what happens is that that entry barrier is much lower than if you try to say, "Hey, start your dress company in 3- or 5,000 square feet," and they can't afford the rent. Commissioner Reyes: That's right. Chair Russell: Thank you. Mr. Milo: So we're fully cognizant of that, and we're going to be establishing a program to help those small businesses get trained, including, you know, the small business incubator with the Chamber, which is one of the folks that spoke here. So that's just one of examples of some of the things that we have in our agreement. Chair Russell: Thank you, Mr. Milo. Thank you, Commissioner Reyes. Commissioner Reyes: But what I was afraid -- and let me tell you, having lived in Chicago, I was -- I've always been afraid of this massive, massive development, you see, "The Projects," that they call -- they would call in Chicago. And that's what I don't want to see this beautiful project -- Vice Chair Gort: We don't, either. Chair Russell: Thank you. Commissioner Reyes: -- deteriorate to that, you see. That's what -- Chair Russell: Commissioner Hardemon, in your district, I'd love to see how we're going to go on this one. Commissioner Hardemon: So once again, I mean, the things that you're saying are wonderful, right? Community Benefits Agreements, all these things that you negotiated with the County at a time where the project that you presented to us, you could not do -- no -- you cannot do without a zoning approval. You need a zoning change. And so, with the County, there was an agreement that you all made for certain community benefits. And now, you're coming to the City for additional land development benefits. And so, as I put it earlier, any time that we -- there was a -- any time that any sort of developers came to us and asked us for improvements in their capacity, in what they can build, we end up with development agreements. Now, this is what we should explore. I'm not telling you -- I believe in what -- the work that the County has done. So they've made certain requests of you for hiring minorities. They've made certain requests for small business contracts, et cetera. I don't want to disturb those things. I mean, that's not what I'm here for. I'm not here to do anything of that nature. I'm not here to slow what it is you're trying to do. But I am here to ensure that the promises that you made to the residents, the promises that you made to future business owners, et cetera, that it's kept. And so, I want to be a part of that process. Unfortunately, at this time, I don't have a copy of the Community Benefits Agreements. I don't have a copy of all the other promises that you've made. I only have what's presented in this -- these two books, this -- only this book and another one just like it. And so, my point to you in that is that I need more information to know that this request for additional benefits, that it comes with some City of Miami Page 207 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 sort of guarantees that are being made; the same way that you got the approval from the County, and you had a Benefits Agreement with the approval of this project moving forward. Mr. Milo: So I think that could be handled. We can provide you with the information of that agreement. Again, I think it's the most comprehensive agreement that anybody's ever proffered, or ever endeavored to do. Commissioner Hardemon: In the County. Mr. Milo: In the City and the County. Commissioner Hardemon: Okay. Mr. Milo: I'll make that statement on the record. Commissioner Hardemon: Okay, Floyd Mayweather. Mr. Milo: So I think that once you get an opportunity, we can gladly provide it. It's a private -- public doc -- this is first reading, so we'd love the opportunity, you know, to sit with you and go through all of the components of it. I think that everything you're saying is valid, you know, as far as your -- the input that you originally -- you provided to us prior to any zoning application. Commissioner Hardemon: And I mean this. To me, you know, I fully expected to hear that same presentation that was -- Mr. Milo: Right. Commissioner Hardemon: -- told to me before you applied to -- for these changes, which would've been like putting a square hole through a round peg. Right? It never works well. Mr. Milo: Right. Commissioner Hardemon: Right? And so, that did not happen. So I really do appreciate that. Mr. Milo: Right. Commissioner Hardemon: And this board knows that I'm one of those people where, you know, I don't believe in, "This is just first reading." Every reading matters. Something can die on first reading, right? And something can pass on second reading that you didn't intend for, because you let it pass on first reading. So I don't -- I'm not one of those people that believes that just because, you know, we can -- oh, well, let's just get past the first reading; and second reading, we'll see how it goes. You know, that gives you the advantage, right? I -- as Commissioners, we always want to be in the position where we have the opportunity to protect our residents that keep us, and keep them in advantage. However, in this circumstance, what I can offer for you, because I appreciate the fact that you came with a project that is more respectable to the neighborhoods, I can offer a passing of this on first reading. But then, the second reading wouldn't be in a normal occurrence. I would want to see the second reading come back in at least, to give us time to talk, two months. And then, by that time, we should come up with some sort of thing that is palatable; and if not, my tone on this board is going to be a little bit different, and then I'm going to -- I'll reach in for a tag from my good friends on the right side of the dais, Manolo Reyes and Joe Carollo. And usually, between us three, we can get them some things City of Miami Page 208 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 happening. I try to keep our Chairman out the fray, because he's the Chairman; he has to be neutral in this whole thing until he speaks. So is that fair? Commissioner Reyes: Fair. Chair Russell: It is. It sounds like a motion on first reading, with a look to second reading for March 28, it seems to be the hope. Does that sound about correct? Commissioner Hardemon: One second. Commissioner Reyes: Second. Commissioner Hardemon: So I think I'll be here March 28. That's a Commission meeting day, so that seems to be appropriate. Commissioner Carollo: Are we going to -- Chair Russell: Is that a second, Commissioner Reyes? Commissioner Reyes: Yes, sir. It's a second. Chair Russell: Yes. So there's a motion -- there was a motion by Commissioner Hardemon; second by Commissioner Reyes. Commissioner Hardemon: And I want this to be clear. You know, during that time, I expect to be able to come with some sort of agreement that's going to guarantee -- your reasonable guarantees -- that the promises that you made can be fulfilled because of this zoning increase, okay? Commissioner Reyes: Commissioner, and during that time, you -- since I'm always asking about numbers, I am going to make sure that all the numbers are right. Commissioner Hardemon: I would appreciate that. And just for the record, I don't believe that this is required, but my Madam City Attorney is going to burn a hole in my neck if I don't say that at some time during the afternoon on November 10, 2016, long before this application was turned in, there was a discussion that was had between myself and the proponents of this request where they talked about their ideas for their application before the City of Miami. I listened to them. Chair Russell: Thank you. Commissioner Hardemon: And in an abundance of caution, there may have been one, two, 20, 30, 45 residents who opposed this project that have also spoken to me about the very same issue. Does anyone have a issue with that? Seeing none, thank you very much. Chair Russell: Madam City Attorney, could you read the items into the record, please? Victoria Mendez (City Attorney): Thank you. PZ.15. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: You need to read all four of them. Commissioner Hardemon: Mr. Dotson, you did such a good job. City of Miami Page 209 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Mendez: An ordinance of the Miami -- Mr. Dotson: Mayor Suarez, please, you wanted to say something for the record? What did you want to say? Ms. Mendez: I think it was captured for the record. Mayor Francis Suarez: I echo those sentiments. Ms. Mendez: PZ.16. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ 17. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ 18. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Are there any further comments from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, with second reading to come on March 28. Thank you very much for all of your advocacy to the public. PZ.16 ORDINANCE Second Reading 5231 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT-RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, OF THE PROPERTY LOCATED AT 1415 NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PZ.16, please see "Order of the Day," "PZ Order of the Day," and Item PZ.15. City of Miami Page 210 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.17 ORDINANCE Second Reading 5228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PZ.17, please see "Order of the Day," "PZ Order of the Day," and Item PZ.15. PZ.18 ORDINANCE First Reading 5229 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL Planning URBAN TRANSECT-RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PZ.18, please see "Order of the Day," "PZ Order of the Day," and Item PZ.15. City ofMiami Page 211 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.19 ORDINANCE First Reading 4943 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTIONS 3.5, TITLED "MEASUREMENT OF HEIGHT," ARTICLE 5, SECTION 5.3, TITLED "SUB -URBAN TRANSECT ZONES (T3)," ARTICLE 5, SECTION 5.4, TITLED "GENERAL URBAN TRANSECT ZONES (T4)," ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)," ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)," ARTICLE 7, SECTION 7.1, TITLED "PROCEDURES," AND ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.19, please see "Public Comment Period for Regular Item(s)." Chair Russell: Calling back to order, please. We still have PZs.19, 20, and 21. We're shy one for quorum, but if the City Attorney could read those three items into the record, that'll kill some time and get us there. Barnaby Min (Deputy City Attorney): PZ.19 is -- The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: Shhh, please, everybody. Quiet in the chambers, except for you, Todd -- I mean, except for you, Barnaby. The Ordinance was further read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.20. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: And PZ.21. Mr. Min: PZ.21 is a resolution which does not need to be read into the record, but I'm happy to do so if you need me to. City of Miami Page 212 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Ah, it doesn't, then we won't. We do have a quorum now. Thank you very much, gentlemen. That wasn't pretty, but we got through it. I'll take a deferral over a loss any day. Later... Chair Russell: PZ.19, let's take it up. Commissioner Reyes: Is it 4/5ths? Chair Russell: It is -- Why? Are you out of here? Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: This is an item on freeboard and height. I would like to co-sponsor this item. I have a couple -- just a quick question on second reading for this. I would love to see an actual map of where this is applicable. I believe that it is very sensitive to add this much height where it's not necessary, but it's absolutely necessary where it is. That being said, I'd welcome a motion on PZ.19. Vice Chair Gort: Move it. Chair Russell: It's been moved -- Commissioner Reyes: Second. Chair Russell: -- seconded. I need to open up public comment for this item, please. Did you need to administer the oath on this? Todd B. Hannon (City Clerk): If there's no one here to speak on the item -- Chair Russell: Is there anyone to speak on PZ.19, freeboard and height? Hello, Elvis Cruz. And there went the night. Mr. Hannon: Good evening, ladies and gentlemen. If anyone else, other than Mr. Cruz, is going to be speaking on this item, may I please have you stand and raise your right hand? Mr. Cruz, raise your right hand for me. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you. I'll open public comment for PZ.19, freeboard and height. Welcome, Mr. Cruz. Elvis Cruz: Hello? Elvis Cruz, 631 Northeast 57th Street. I have a question. You're talking about raising the heights of houses and other buildings because of potential flooding. The street -- is there a plan to raise the level of the street? Isn't that what it's all about? Chair Russell: Separate subject, but yes. Mr. Cruz: Okay. Thank you. Chair Russell: Is that it? City of Miami Page 213 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Cruz: That's it. Chair Russell: That's a world record, Mr. Cruz. Mr. Cruz: Or at least a personal record. Commissioner Reyes: Mr. Cruz, if you raise the street and you don't raise the building -- Vice Chair Gort: You got to raise the asphalt. Commissioner Reyes: -- then all the water will go to the house. Commissioner Hardemon: Didn't they raise the streets on Miami Beach? Commissioner Reyes: You have to raise it. Chair Russell: You got to do it smartly. Mr. Cruz: I'll reserve the rest of my time -- Chair Russell: All right. Mr. Cruz: -- for PZ.21. Chair Russell: Thank you. There has been a motion -- Commissioner Reyes: Second. Chair Russell: -- and a second. Any discussion on the dais for this item? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Why couldn't the last one be just like that? City of Miami Page 214 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.20 ORDINANCE First Reading 5119 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO ADD THE DEFINITION OF "AMUSEMENT RIDE"; BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO ADD "AMUSEMENT RIDE" AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE "CS," CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR "AMUSEMENT RIDE" IN THE "CS," CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.20, please see "Public Comment Period for Regular Item(s)," and Item PZ.19. Chair Russell: PZ.20. Is there anyone here who would like to speak on PZ.20, amusement rides in CS (civic space)? You'd like to speak? Please. We'll administer the oath. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, sir. Chair Russell: Is there anyone -- there's no one else here to speak on this item? All right. Mr. Pathman. Wayne Pathman: I'm going to be very brief Mr. Chairman and Commissioners. We're very in support of what the Planning Department is going to be proposing tonight, but I'm just coming to the podium in case you have any questions. I've met with all of you individually about this issue, so that's all I wanted to say. I'm here to answer any questions. Chair Russell: Thank you. I have heard from the downtown residents who don't have so much trouble with your actual project, as they do with the potential of this zoning and how it might affect other parks throughout the City. Is there a map of which parks this could affect or not affect, and could that be brought on second reading? Francisco Garcia (Director, Planning): Certainly, sir. But just to give you some level of comfort, the first criterion under which any such proposal will be evaluated actually states very clearly that this use is limited to master plan sites intended and City of Miami Page 215 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 PZ.21 5227 Department of Planning improved for public access, which qualify as regional destinations. I think that, in and of itself, although that language can be perfected, should give everyone comfort that only the largest, most intense parks would be eligible for this. Chair Russell: We 'd like to see some clear definition so that the residents can rest easy. Mr. Garcia: We'll have to work on it. Chair Russell: Any further public comment on this item? Hearing none, is there -- did we have a motion and a second on this? Vice Chair Gort: Move it. Chair Russell: It has been moved by Commissioner Gort; seconded by Commissioner Reyes. Any further discussion on the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SUPERNOVA BAYSHORE INVEST, LLC ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY RESIDENCE WITH SITE IMPROVEMENTS FOR A PROPERTY LOCATED AT APPROXIMATELY 5605 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA WITHIN THE MORNINGSIDE HISTORIC DISTRICT, WITH THE FOLIO NUMBER 0132180370020. ENACTMENT NUMBER: R-19-0052 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PZ.21, please see Item PZ.19. Chair Russell: PZ.21. Unidentified Speaker: How are you, Elvis? City of Miami Page 216 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Elvis Cruz: Very well. Thank you. Chair Russell: This is a quasi-judicial item. This is an appeal of a HEP (Historic and Environmental Preservation) Board decision. Thank you very much. You know what? Before we get into the appellant and the appellee, I would like to open this to public comment for anyone who would like to speak who is not engaged in the item itself. Is there any resident who'd like to speak on this appeal, PZ.21, not engaged in the item; not appellant, appellee, not the City? Is there a member of the public who'd like to speak on this item? Todd B. Hannon (City Clerk): Could I -- Chair, if I could just administer the oath for everyone involved, so we can just do it once? Chair Russell: Everyone, including the parties? Mr. Hannon: Yes. Chair Russell: Absolutely. Mr. Hannon: Good evening, ladies and gentlemen. If anyone's speaking on Item PZ.21, anyone speaking on Item PZ.21, please raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Members of the public who'd like to speak on this item. Is that you, Elvis? Mr. Cruz: Chair, is it possible for me to wait till after their presentation to speak so that I may rebut something that is said? Chair Russell: As a quasi-judicial item, it's not for the public to rebut; it's really for the public to weigh in, in terms of how you feel about this project -- I mean, this appeal, what you believe should or should not be granted, but I don't believe it's meant for the public to have an -- a rebuttal in this situation. And the reason I say that is not to stifle public comment, but to make sure that we are solid in the event that this is appealed at a higher court. Is it possible for you to make your comments now? Mr. Cruz: Well, if I have no choice, I guess I will. Chair Russell: Thank you. Mr. Cruz: Shall I begin? Chair Russell: Yes, please. Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioners, your staff and the HEP Board is 100 percent correct on this being a clear case of illegal demolition by neglect, under Section 236.2(I) of the City Code. This house was owned and lived in by the Waltz family for 24 years before it was bought by the current owner in 2012, who then let it sit unoccupied, vacant, and even open to the elements, squatters, and vandalism. This is a self-created situation in which the owner has broken the law and now wants to be rewarded for breaking the law. Yes, it's that outrageous. Page 1 of the handout I've given you, the Morningside Civic Association's letter in City of Miami Page 217 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 opposition to demolishing this contributing historic house in a historic district, for that would undermine the very reason for historic preservation to exist. Page 2 of your handout, the owner hired an engineer who used a chloride test as the basis for recommending demolition, even though his own report admits -- in the highlighting - - the critical amount of chloride necessary for the onset of active corrosion has been a subject of controversy for many years. He says, the sample showed a chloride of 0.75 percent. However, page 3 of your handout is engineering literature, which says the critical amount is typically around point -- Chair Russell: I'm sorry, Elvis. You lost us at "chloride." Mr. Cruz: Okay. Chair Russell: Why are we talking about chloride? Mr. Cruz: Because they have an engineering report that says the chloride content of the concrete in that structure is such that they're using -- Chair Russell: That's what's causing the erosion. Okay, I understand. Thank you. Mr. Cruz: Yes. Chair Russell: Please continue. Mr. Cruz: Right. So the engineering standard for chloride is .4, which is four -- which is 5.3 times higher than what was measured. In other words, what they found is 5.3 times lower than the threshold, and yet, they're holding that out as a reason for why this house should be demolished. It makes no sense at all. An architect and a general contractor on the HEP Board saw the photographs. They said they were cosmetic issues and easily fixed. They asked the engineer if the purported structural problems were repairable, and he said, "Yes, they are repairable." There were no pictures of cracked concrete along tie beams or columns. Even if there was cracked concrete, it's a simple and common repair. I've never seen cracked concrete in a 1940s house like this one. FEMA (Federal Emergency Management Agency) has an exemption for the 50 percent rule for historic buildings. The City is using one for Legion Park. The cost analysis did not mention that there is a tax exemption for 100 percent of the increase in assessed value brought about by any repairs done to the house for 10 years. Now, some neighbors are in favor of allowing the demolition. Why? They're sick and tired of the house being unrepaired; and so, they're giving in, even though that is essentially enabling a lawbreaker to break the law. This would open a Pandora's Box and set a terrible precedent. In closing, please do not reward a lawbreaker. Please uphold the law, as your staff and the HEP Board recommended. Deny this appeal, and initiate a civil action, as the City is empowered to do under the language of section 236.2(I) of the City Code, which you see highlighted on the back page of the handout. Thank you. Chair Russell: You're suggesting a civil action to force the renovation of the home? Mr. Cruz: Correct. The language that you have in front of you gives the City the power to enforce against demolition by neglect. Chair Russell: Thank you very much. Mr. Cruz: And I -- you can defer -- the City Attorney, I'm sure, will be happy to elucidate. City of Miami Page 218 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you very much, Mr. Cruz. Is there anyone else from the public who'd like to speak on this item, nonrelated to the matter; not an appellant, not an appellee? Edward Martos: Yes. I represent a neighbor. Thank you, Commissioners, for the opportunity. Edward Martos, offices at 2525 Ponce De Leon Boulevard. I'm here tonight on behalf of the immediate neighbor to the north, Dr. Erick Sheldon. Chair Russell: House number one in that chart. Mr. Martos: Correct. (UNINTELLIGIBLE). Chair Russell: Thank you. Mr. Martos: Dr. Sheldon regrets that he couldn't be here. He was called away on business out of the state. And he regrets it deeply, because he absolutely loves the neighborhood. He loves his location. He's building his dream home at that site, so he's remarkably concerned. By the way, he's a huge fan of historic preservation, and he went out of his way to make sure the HEP Board went gaga for his home. So it's critical -- for his new home on a vacant lot. So it's critical for him that the neighborhood remain historic, look great. He had concerns. He spoke to the appellant/applicant. He worked out those concerns. He gained a level of comfort, and he spoke to every neighbor; and as the appellant will tell you, every neighbor immediately abutting the property -- they're numbered on that list -- they have come out in vocal support. Many of those property owners have lived there longer than the appellant has owned the home. And what they will tell you, if they were here today -- and I think they mentioned in some of the letters sent to your office, Commissioner -- was that this home was in disrepair before the appellant even bought it. Chair Russell: What year did they buy? I shouldn't ask you that question. I'll wait for the other. Mr. Martos: I believe it was six years ago, but the appellant will give you the certain answer. So they've lived there longer. They're familiar with the house. They would like to see new development there. And then the last point I'd like to highlight -- and I suspect the appellant will get into this as well -- my client, because he just redeveloped his site -- okay? -- had to bring in sufficient fill to raise the elevation of his ground by about four feet, and the neighbor's property -- the appellant's property is even lower in some areas. What's happening is, with storm surges the way they are and flood zone requirements the way they are, you cannot build on that site. So what you've got to ask yourself is, economically, "Who's going to buy this home to restore it to the way it is and literally have to lift it to make it a viable project?" Lift up the -- a historic old home that the engineering report will tell you has bad concrete. Lift it up that high. It's economically unfeasible to do anything like that. So we -- Dr. Sheldon and the individuals who provided letters to your office strongly support demolition of the existing structure and the new proposed project. Chair Russell: Thank you very much. Mr. Martos: Thank you. Chair Russell: I'd like to -- Vice Chair Gort: I'd like to disclose a Jennings -- Chair Russell: Jennings disclosure. City of Miami Page 219 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Vice Chair Gort: -- closure. I met with Mr. Fernandez in my office. Chair Russell: Thank you. Grace, are you here to speak as a -- Grace Solares: Yes. Chair Russell: -- from the public on -- Ms. Solares: Yes. Grace Solares, on behalf of Miami Neighborhoods United. Morningside Civic Association is a member of Miami Neighborhoods United, and we support their opposition to your granting this appeal. Morningside is historic. And the Morningside Civic Association represents 400 and some -odd homes in this historic designation -- designated area, so therefore, we support the Morningside Homeowners Association. Chair Russell: Thank you very much. Ms. Solares: Thank you, Commissioners. Chair Russell: Are there any other members of the public who'd like to speak on this item? Seeing none, I'll close public comment, and I will open up to the appellant. If I could -- if you could let me know who's here on behalf of the appellant and -- I'm sorry. Yes -- the appellant, and who we're talking to. Matthew Amster: Absolutely. I will introduce everyone on our team. Matthew Amster, law firm of Bercow Radell and Fernandez, offices at 200 South Biscayne Boulevard, here in Miami; representing Supernova Bayshore Investment, LLC (Limited Liability Company), which is the owner of the property, but basically represented as the owner, Elisa Estrada, in white. We have -- she's assembled a great team here to help her with establishing a home on this property. We have architects from Brazil, a Studio MK27. We have Marcio Kogan and Lair Reis -- Marcio here; Lair is here -- assisted by local architects, So Design, Mauricio Via. We also have Raymond Jungles, is a landscape architect; and we have Raymond Miranda, our project engineer; and partners from my firm, Ben Fernandez, and I know Melissa Tapanes-Llahues is also here. Chair Russell: Thank you very much. Now, can you present your case in 10 minutes? Is that sufficient? Mr. Amster: I know the hour's late. I would like to at least have perhaps a few more minutes than that. We -- it is an appeal. We want to make sure that we get you all to hear -- because there are two items. There's the demolition issue, as well as the design of the new home. Chair Russell: Correct. Mr. Amster: So we want to make sure that we get the engineer to speak, as well as the architects. So I would just -- begging your indulgence just perhaps 15 minutes. We will try to make it as concise as possible. Chair Russell: Thank you. And on behalf of the City, will the City be responding as the appellee? Mr. Warren, Mr. Garcia, will the City be responding as the appellee? Francisco Garcia (Director, Planning): We are here to provide you with all the required information, and we certainly have information to provide. City of Miami Page 220 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you very much. And is 15 minutes sufficient for you for your side? Mr. Garcia: I believe we can do so, yes. Chair Russell: Thank you. Are there any expert witnesses that you'll be presenting in this? Mr. Amster: Yes. Ray Miranda, who I just introduced, our expert -- he's our project engineer. And I passed out in the handout -- his expert resume is the second part of your handout. The first part is our neighbor. It's the same as the -- on the board here, but we also included the letters from each of the seven adjacent closest neighbors, and the second item is Mr. Miranda's resume, and then the third item I'll get to speak about is a site plan that references the property owner to the north and ours, and we've come to an agreement with him. His attorney, Mr. Martos, spoke just a minute ago on behalf of Dr. Sheldon, the neighbor to the north, and we have come to an agreement to just shift the home for better compatibility with not only his property, but other neighbors in the area, 10 feet further towards the street, and that's what's shown on your third drawing there. Chair Russell: And Mr. Miranda's being brought as an expert witness with regard to what? Mr. Amster: Regarding to the structural conditions of the home, the deterioration. He did a full inspection of the property. The discussion about the chloride content as an indicator -- Chair Russell: Thank you. So he's not weighing in on historic or design, or anything like that? Mr. Amster: No. He's for -- Chair Russell: Engineering? Mr. Amster: -- the existing conditions, and essentially to address the neglect arguments that are being made. Chair Russell: Thank you. I will allow Mr. Miranda as an expert with regard to engineering. The City, I'm assuming, has no objection to that. Rafael Suarez -Rivas (Assistant City Attorney): We have no objection. Chair Russell: Thank you, Rafael. Any other experts that you plan to bring? Mr. Amster: No. We just have our architectural team, both the architects and landscape architect, and the rest of it is our presentation that I'll be making when you're ready. Chair Russell: Understood. Go for it. Mr. Amster: So Elisa acquired the property in 2012 in substantially the same deteriorated condition that this existing home is today. However, she didn't realize the magnitude of the structural problems that exist after she purchased it. This diagram here just gives you an idea of where in the Morningside neighborhood this is located. It is one of the few properties that actually fronts the bay. And I'll get right into it. According to Mr. Miranda's engineering report, the structures have had major structural damage for well over 12 years, which definitely predates the City of Miami Page 221 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 owner's purchase of the property. There's deterioration of the steel reinforced concrete, which was confirmed by the chloride test, and he'll testes about that shortly. There's also electrical and plumbing, and air conditioning system problems; all need to be replaced. For these reasons, according to the engineer, this habit [sic] is essentially uninhabitable. Notably, the City's Chief of Unsafe Structures confirmed these conditions and conclusion, and the Unsafe Structures panel basically agrees that this would need to be demolished. We agree with staff that there was a lack of repair and replacement, but these problems commenced many years ago, well before the prior owner became the owner of the property. The City had in its staff report for the HEP Board provided a list -- a short list of violations that had been cited to this owner, all of which were taken care of and complied with immediately, and are not evidence of structural deficiencies. They're about maintenance, essentially, of the property. So there are -- there is an existing further issue, which Mr. Martos also alluded to. The flood elevation of this property is very low. The existing conditions are from -- also referenced in the engineering report. The existing home is at seven feet, seven nine -- 7.79 feet NGVD (National Geodetic Vertical Datum). The flood zone here, which -- actually, there's two. The -- interestingly, the flood zone changes right at the middle of the property. So the west side of the property, which is adjacent to the street, is at 9 feet NGVD, and then the east side, fronting on the water, is at 10 feet, which is where the existing home is today. Under today's Building Code requirements, you have to build your new home at one foot above base flood. So that raises us to 10 in the west by the street and 11 feet where the existing home is today by the waterway, you know, the center of the property and everything towards the water. This means that the existing home is over three feet below current required flood regulation height. And interestingly, what this means is that there can be a significant impact of flooding, and there actually has been. During Hurricane Irma, in the fall of 2017, a couple of feet of water was on this property and throughout different areas of this neighborhood, and this property was not well equipped; the home was flooded, as well as the ground around the property. And this existing condition of this low-lying elevation is probably only going to get worse. We're going to get more storms. I don't see that as anything that's changing. But in addition, this FEMA (Federal Emergency Management Agency) flood elevation, these elevations are 10 years old. And so, I know that FEMA has been working to increase them, and that's most likely what'll happen; that the base flood will go up even higher as far as elevation. So serious risk for future of this home in its present position. The -- moreover, if you were to consider raising the building, this has major structural conditions to its original wood beam floor system that in order to raise it, it would require an entire new structural system; a new slab, pile foundations, tie beams, tie columns, and a roofing system. This is significant work. It's very invasive, and would essentially mean that you're demolishing the structure in order to put into this new structural system, and therefore, you would be replicating this historic building rather than preserving it, and that's a major difference. You'd basically be building it almost essentially new. And then there's costs associated with that. There's a cost for the replication; in place, at its low elevation, is $1.5 million. This is all in the engineering report. And the estimated depreciated value of this home is only $275,000, based on an appraisal, again, in the engineering report. This is a 553 percent increase -- you know, difference. Commissioner Hardemon: You said that was the depreciated value of it? Mr. Amster: Yes. Commissioner Hardemon: So what is the value that is non -depreciated? Mr. Amster: The depreciated value of the home based on --? City of Miami Page 222 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: No, no, no. The non -depreciated, the one that is not depreciated. Mr. Amster: I don't have that value. It may be a little bit more, but the way that you -- Someone had mentioned earlier, also, that 50 percent rule. You know, the way that you would work this as far as consistent value is the value of the home as it is with its existing conditions, which is depreciated. It's not a new home; it was built in 1940. So you use that value -- Commissioner Hardemon: So homes don't -- Chair Russell: I'm sorry. Commissioner Hardemon: -- depreciate in value? Chair Russell: Go ahead. Commissioner Hardemon: I was wondering, homes don't -- Chair Russell: Say again. Mr. Amster: $275,000, and the estimated costs to keep it as best as possible to preserve it in place at its low-lying three feet below the flood elevation, is $1.5 million. Chair Russell: And that's the value of -- the depreciated value of the home itself not the property; is that correct? Mr. Amster: Correct; just the structure. Chair Russell: Just the structure itself. Mr. Amster: There's an attached garage and a home; the two structures together is the $275,000. Chair Russell: What's the square footage of that property? Mr. Amster: Of the property? It's half an acre, I believe. I'll get you that number in a minute. Chair Russell: Thank you. Please continue. Mr. Amster: 29,588 square feet. Chair Russell: 30,000 -- almost 30,000 square feet -- Mr. Amster: Almost 30,000. Chair Russell: -- on the water in Morningside. Got it. Sorry to interrupt. Please continue. Mr. Amster: That's all right. So -- and that significant impact for replacing this home at its low -- is at its low elevation, which still has flood, storm water, you know, related risks and issues. Therefore, the cost, that $1.5 million, if you were to raise the home, as well as to raise its, you know, yards and pools and put in a storm water system, would be even higher than the $1.5 million that we put -- that we have in the report. So that's something for you to seriously consider. And what I want to do City of Miami Page 223 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 now is to bring up our expert engineer and have him explain to you the -- his findings through his inspection, including the indicators of the structural deterioration and for how long it's been here. Chair Russell: And that estimate -- Mr. Amster: Ray. Chair Russell: -- to raise the home was R-A-I-S-E, not R-A-Z-E; raise the home. You're talking about to lift the home. Unidentified Speaker: Elevate the home. Chair Russell: Elevate the home; not destroy the home. Mr. Amster: Correct. Chair Russell: You used the word "raise." I just wanted to make sure which "raise." Mr. Amster: Correct. Commissioner Hardemon: This is -- Mr. Amster: Well, we didn't -- Commissioner Hardemon: -- investment property? Mr. Amster: No, sir. This is property that this owner -- she is from out of the country, so -- Commissioner Hardemon: I asked -- Mr. Amster: -- but she plans -- Commissioner Hardemon: I mean, because this says the owner is Supernova Bayshore Invest, LLC. Mr. Amster: Right. But the one and only owner is Elisa Estrada, who is here today. Commissioner Hardemon: No. I get that part. I get that part. I just -- when I see "invest" in an LLC, I typically think it's investment property. I'm asking because -- Look, in my neighborhood -- well, in District 5, along the river, there was a historic house that had to be -- that was similar in this situation, not as large, but the neighbors were complaining -- and this is just dicta, if you will -- but the neighbors were complaining that the property was going to be torn down. And the property owner, who said she wanted to live there, she actually designed the house anew, so it was basically the same design, but it was a new structure with new materials, et cetera. So she built it in its likeness, and everyone wasn't happy, but I think it was like a -- for the people in the neighborhood, they thought it was a win. I would imagine, on 30,000 square feet, that's not going to happen with Supernova Bayshore Invest, LLC. Mr. Amster: Well, she's from out of the country. That's just a typical way that I think many people who are, you know, foreign nationals purchase a property, but she's here today if you wish to speak to her. She intends to live here. The maximum that she can do that would be 120 days out of the calendar year, but that is her goal. She bought this property and then assembled this team, because she really likes the City ofMiarni Page 224 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Morningside neighborhood and wants this to be her home when she's here in the United States. That's what she's planning to do, and that's what she's taken very careful effort and time to determine, you know, for one part, the status of this deteriorated structure and to see how she can move forward, as well as to then -- she's got a really world-renowned architect from Brazil, working in tandem with our local architect, to really -- to create a beautiful home that is going to be compatible with the neighborhood. This is someone who's invested in the neighborhood and working here to, you know, make this a home for herself. Chair Russell: Understood. And if you could just stop the clock during questioning. I don't want to take away from their presentation. What year did they purchase the home? Mr. Amster: 2012. Chair Russell: And were they aware that it was a historic -- it was a contributing historic structure in a historic neighborhood? Mr. Amster: Yes. Chair Russell: Yes. And all the requirements of -- that are involved in that; that there is an expectation to maintain versus redevelop for a contributing structure? Mr. Amster: Yes. I think that was aware on a general level for sure. She knew it was a contributing building, but when you get into the details -- you know, when you normally do a house inspection when you're purchasing a property, you don't go into testing the chloride level to figure out the true, you know, stability of the structure itself, and that is something that, again, our engineering report and Mr. Miranda can certainly explain to you further was -- where, you know, the amount of deterioration was unknown at the time of her purchase. Chair Russell: Thank you. Please continue. Mr. Amster: I'd like to actually bring up Mr. Miranda now to discuss a few points about his inspection and his report. Ray Miranda: Thank you. Ray Miranda. A couple of quick things. I know it's been a long day for you folks, and I've been here most of the time -- Chair Russell: Thank you for your patience. Mr. Miranda: -- that you folks have been here. So a couple of quick items of clarification. Number one, the statement made on the amount of chloride that is necessary for corrosion to occur; the steel, which ultimately is what cracks the concrete, and then therefore, the concrete loses its ability to carry any load, it's not as high as the individual indicated. It's down as low as .0275 percent of chloride within the concrete, and the -- based on the amount of chloride that you have within the concrete -- sorry -- numerous research has occurred where you're able to extrapolate the expected amount of corrosion that the reinforcing steel would wind up having over a period of time. Based on the samples have been taken -- 7 out of 12 samples that were taken randomly around the home had chloride levels that met or exceeded that amount. Some of the chlor -- Chair Russell: This is samples of what? Mr. Miranda: Of concrete. So concrete -- you get a lab -- City of Miami Page 225 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Structural concrete. Mr. Miranda: Right. Chair Russell: You bore in and (UNINTELLIGIBLE) structural -- Mr. Miranda: (UNINTELLIGIBLE) bores in, takes a sample of concrete down at the depth at where the reinforcing steel would be, usually three quarters of an inch to an inch, then samples the amount of chloride ions that you have within that concrete based on the weight of the concrete, and the percentage of the amount of chloride that you have to the weight of the concrete is then tabulated, and it's covered within the report. Chair Russell: What year was the house built? Mr. Miranda: 1940. Chair Russell: And is that chloride level atypical to historic homes of that era? Is this a high level of chloride that you don't normally see in houses that would lead to say, 'faulty construction "; that it's not going to last? Mr. Miranda: Right. It's a typical condition that you see on homes that have not been maintained well. Typically, the homes that are -- or not even homes; the structures in nature, reinforced concrete structures that are near the water. If constant maintenance is not provided, the surface salinity that you get from the overspray will start working its way into the concrete; ultimately reaches the reinforcing steel. So as long as the home or the property is maintained in a manner that keeps that from happening, which typically is making sure that it's paint and, obviously, caulking around the windows, and issues of that nature, you can defer the amount of salinity that ultimately will make its way into the concrete itself. When you look at the pictures that are available and the report also from the City of the conditions of the home, it is not inconsistent with the amount of chloride that was found by the lab within the concrete. There's -- the amount of deterioration in the home is one that has been occurring for a great deal of time. The expected life expectancy of the concrete, with the amount of chloride that was found within it, would have basically dated the useable life span of the concrete to somewhere in the neighborhood of 66 years, or thereabouts, which -- with the house to have a viable life back at the year of 2006. So somewhere in the neighborhood of 2006, 2010, let's say, the amount of chloride within the concrete overall was high enough that any reinforcing steel that would be within the concrete would just continually corrode. So right now, if the owner decided that she would go ahead and attempt to repair the home, the entire amount of concrete, which basically is all your tie beams and all your tie columns, would have to be all removed, because any the new steel that gets put in to reinforce the house would immediately start being attacked by the concrete that's already there. So you basically have to dismantle the house and rebuild it in order to attempt to protect it. From what I understand, I think the purchase occurred somewhere in the year of 2012. Literally, six, seven, eight years before then, the home had already reached a point where, structurally, there was no valuable life left in the concrete. So no matter how many times you patch a cracked beam or a cracked column, the concrete that's within it is going to continue -- or would have continued to have rusted out the reinforcing steel; the reinforcing steel expands, and that's what causes the crack of the concrete. Chair Russell: So you'll see a visible spalling? Is that what it's called? Mr. Miranda: Well, spalling is the -- typically, the chalking that you'll have on the surface concrete itself. That usually is not as bad as the actual cracking of the City of Miami Page 226 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 concrete members, because the cracking of the concrete members means that the steel inside has rusted to the point where it has expanded enough where the concrete itself cracks, but -- Chair Russell: So -- and I -- thank you. Mr. Miranda: Right. Chair Russell: I was misusing my terminology. I thought the spalling was the actual cracking caused by the expansion of the -- Mr. Miranda: No. Chair Russell: -- but I understand now. Thank you. Mr. Miranda: Right. Chair Russell: Was this --? Mr. Miranda: And one thing that is important about that, because you'll -- people tend to think that you repair concrete like you typically see occurring, but the load - carrying capabilities of any reinforced concrete members, such as a column or a beam, typically is shared with 80 percent of the load -bearing capacity being carried by the concrete and usually 20 percent being carried by the reinforcing steel. At the moment at which the concrete itself cracks, because of the expansion of the steel, all the load -bearing capabilities of the concrete is lost, and now the only remaining viable member, which is the steel, has to carry a hundred percent of load that it was only designed to carry -- Chair Russell: Understood. Mr. Miranda: -- 20 percent of. Chair Russell: So if you're saying that this damage occurred up to half a decade before the current owner purchased -- Mr. Miranda: That's correct. Chair Russell: -- was this revealed in the inspection prior to purchase of the home? Was this cracking visible? Was the spalling visible? Mr. Miranda: I'm sure that it must have been. I did not perform that inspection initially. I was called in afterwards to go through the home and do a complete analysis. And beyond the concrete, you also have many other issues. You have a great deal of wiring within the electrical system that is the old cloth wiring, the wiring where the conduits are embedded within the concrete. In order to be able to remove the wiring and replace it, you'd have to chip out the walls where the concrete -- or where the conduits for the electrical system is embedded within there. So you still have that issue to contend with of removing enough concrete to be able to remove the conduits to be able to reinstall all new conduit and wiring. You have Code violations for some of the cloth wiring that's mixed in with relatively more current wiring; obviously work that's been done without a permit at the home. Chair Russell: Thank you. Is there anything else we need to know from an engineering perspective? City of Miami Page 227 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Miranda: No. I think the fact that the City itself evaluated the report; went out and did a physical inspection of the home as well; and also, they concluded that my conclusions wound up being correct; and also deemed that the home was unsafe to be lived in, I think, to me, would state it all. Chair Russell: And they -- the report for Mr. Diaz, at the City revealed that that repair would cost more than 50 percent of the value of the home? Is that --? Mr. Miranda: Correct. Chair Russell: Thank you very much. Mr. Miranda: You're welcome. Mr. Amster: What the engineer has just explained, and it's also detailed in his report, is that, you know, the home is very deteriorated. And even though his -- he didn't do that original inspection, it was already in a deteriorated shape when the owner, Elisa, purchased the property. She already -- that was part of you know, what's her goal, and how can she either preserve this property or take a different direction to see. It was already in bad shape. And so, that was where, even upon purchase, it didn't look likely that there was -- But then she didn't just, you know, go about it; she made sure to get an appropriate expert to help her through that process to understand, and that's when, as you found out the -- and as she found out, the magnitude of the damage was even worse than it looked, even upon an inspection by the eye. I want to move on, because we also have the design of the new home. The architects have done a brilliant job of creating a uniquely designed, single-family home, with a detached garage. It actually mimics the same layout of the home that is there today. We have a detached structure in -- a garage structure in the front. The home is essentially located on the property, and there's a pool in the rear yard. This is respectful to the existing historic district and the abutting owners, and also their home. Morningside is a garden neighborhood with lush landscaping. The home is embracing the outdoors with extensive terraces and open areas. The design maintains the existing layout, as I mentioned. And the second floor of this home is very compact in the center of the property. So you have a home that is very large front and rear setbacks, centrally located. The second floor is very slim and very far setback from both the north and the south, to be respectful for privacy concerns with the neighbors. And also, collectively, the home itself is not anywhere near the maximum development potential. It's under 29 percent of the allowable lot coverage, where 50 percent is allowed. And also, the height of the building is two feet lower than the maximum that they could do. So they're not here to build the biggest house possible. She worked with the architects to determine what her needs are, and those are, again, something that is very respectful to what is existing on the property and her neighbors, and also, as we've already mentioned, you know, we've done significant outreach; and with the great assistance with Dr. Sheldon to the north, we've gotten support from the property -- all the seven owners that are north and south and east -- I'm sorry -- west of our property. Chair Russell: Thank you. Your time is almost finished. I'm going to allow -- Mr. Amster: Sure. Chair Russell: -- some time for rebuttal after the City's portion. Mr. Amster: Want to -- sure. I understand. I want to bring up the architect now to sort of walk you through the project, because I think the architectural portion for the certificate is appropriateness is important for you to see. City of Miami Page 228 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Thank you. Mr. Amster: So without further ado, I think I'll bring up Marcio Kogan first and then Lair will come right in after. Marcio Kogan: Okay. I promise one minute. Chair Russell: Thank you. Mr. Kogan: So concrete presentation. I'm Marcio Kogan, founder of Studio MK27, and our office based in Sao Paulo, is our team and co -team. (UNINTELLIGIBLE) -- Chair Russell: (UNINTELLIGIBLE). Mr. Kogan: And I show some of our projects, meaning that's -- importance of the -- to be very delicate and strong land or integration with the nature, okay? Chair Russell: Is this the actual plan of this house, or this is --? Mr. Kogan: No, no. This different houses that we're -- Chair Russell: So if I could -- and I'd like you to speak to this in your presentation -- I see excellent renderings of Mr. Jungles' work and excellent renderings of what your work entails. In the Morningside Historic District, new developments have to meet certain criteria to fit in with the character of that neighborhood. Can you speak to that part -- Mr. Kogan: Yes. Chair Russell: -- of the architecture and your plans? Mr. Kogan: (UNINTELLIGIBLE) -- just finish (UNINTELLIGIBLE) -- Chair Russell: Of course. Mr. Kogan: -- show the project. This is the housing by year that have a colonial influence that you have surrounded the house. Commissioner Carollo: The first house you showed, was that (UNINTELLIGIBLE)? Mr. Kogan: It's two hours from Sao Paulo, a country house. Commissioner Carollo: (UNINTELLIGIBLE). Mr. Kogan: (UNINTELLIGIBLE) to the left, to the right. You see the project is very transparent. Housing in California, in LA (Los Angeles), Bel Air, a new project; Miami; this is in Palm Beach; this is in Miami, North Bay house, North Bay Road. You'll see it's completely blended with -- Chair Russell: Nature. Mr. Kogan: -- landscape and nature. Chair Russell: Thank you. Mr. Kogan: And this is Elisa's house, the Welcome House; and, of course, the fantastic gardens of Raymond Jungle. That's it. City of Miami Page 229 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Lair Reis: Hi. Good evening. I'm the co-author of the project (UNINTELLIGIBLE). I promise, I will do this as fast as possible. I'd like to talk about Welcoming House. So, as we always do when we start designing a new project, in this case, before sketching the house, Welcoming House, as Elisa's named it, a place that really feels like home, especially after a long flight back from a business trip. We spent some time understanding the neighborhood in which it will be built. The lot at 5605 North Bayshore Dive is very close to the Morningside Park and faces the water. Morningside is a very special place, mainly because of two apparently very distinct characteristics that actually are beautiful -- beautifully blended together, a strong presence of nature, and the unique richness of its architectural (UNINTELLIGIBLE), notable in the styles and elements of its houses; a neighborhood with a strong character that reflects the natural and dynamic atmosphere that captured Elisa's attention from her first visit. After visiting the site and listening to our client's request, we knew from the very beginning that our goal was to blend the spirit of Morningside and the early Florida architectural tradition together; the early Florida architectural tradition that, in our view, must be brought to the present, since they are not -- an outstanding architectural lesson; especially when it comes to the natural context and Florida's weather. In this image, we can see the insertion of the house and the property, keeping the concept of two separate structures that they are present in this existing house; the covered garage in the main house. This strategy is effective to achieve a delicate implementation that enhances the natural environment; the same way of the projects that were previously designed by (UNINTELLIGIBLE). The architectural program is distributed between two concrete platforms: the floor that is elevated from the ground, which in the FEMA requirements, which is also important in this project, because of Elisa's intents to store and grow her art collection there; and the (UNINTELLIGIBLE) that is also the base for the second floor. In order to enhance the presence of vegetation in the water and make them notable for anyone that is passing by the street, the footprint of the house is significantly smaller than what could have been done by Code. The first floor plan is as light as the existing house and encloses the man space of the new house. I want to draw your attention to the fact that the enclosed area is only part of that footprint, surrounded by covered terraces that keep the so desirable visual (UNINTELLIGIBLE), connecting the water to the street. Those site terraces are also a new interpretation of the concept of the Florida room, a covered outside area from where we can enjoy the weather when it's nice, as well as feel the breeze when it rains. Site -- Chair Russell: I'm sorry. If you could just go back to that last --? Mr. Reis: Sure. Chair Russell: How it's -- it was my understanding in the discussion of the flood plain that this portion of the house would need to have a base elevation of at about -- did you say 11 feet? Mr. Reis: 11 feet. Chair Russell: This looks like it's at ground level. Am I missing something? Mr. Reis: No, no. It's -- we can see here that it's elevated from ground. You see the platform, the concrete platform? We can see few steps to get -- Chair Russell: That's three feet above -- Mr. Reis: Yeah, but we are also raising the ground. The garden is also elevated -- City of Miami Page 230 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Understood. Mr. Reis: -- from the current situation. Chair Russell: Understood. Thank you. Mr. Reis: Okay. So those terraces have side -- the side terraces have side lattice walls that were designed based on a small but very notable screen wall element that is present in the existing house, materializing a memory that can be told in the future. So what we tried to do here was to understand the neighborhood, its dynamic, its atmosphere, and create a new house that can be built today, but based on the elements that are present in the Morningside, a very eclectic neighborhood. The second floor of the house is also significantly smaller than what could have been done per Code, and its outside is an uncovered deck totally connected to the surrounding nature, in the same way that we have wooden deck in the existing house today. So just to point here that any piece of equipment that will be necessary will be properly screened on the rooftop of the house. This slide is showing as the simplicity and the natural feeling of the materials, so we have basically four materials applied to the four facades of the house. And here, I believe that we can show, based on those images, what I was describing here; the probability and the way that you try to make the house blend to nature in a very delicate way. Chair Russell: Could you back up to that last frame, please? It shows the water's edge. I'm still not seeing where an 11-foot elevation is meeting that first floor. It looks to be four feet above the water. Mr. Reis: Yeah. We are raising the garden as well, but I believe that there is a section in Raymond Jungles' presentation that will show it better. So if you allow us to show that section, Raymond can show you the way we are -- Chair Russell: All right. Well, we've far -- Mr. Reis: -- meeting -- Chair Russell: -- far, far exceeded our 15 minutes that was requested by your attorney. Mr. Reis: I know. Chair Russell: And so, I'd really like to limit this to what in the new development plan speaks to the historic district. I see the lattice; I understand the connection there. Modern development is possible in a historic district, as long as it fits with the character of the neighborhood, and I believe -- and we'll get into that with the City side, what the requirements are that they need to satisfy, but if you could sort of limit to that, but I'm still not seeing -- if your problem with this current structure is flooding and the potential, I'm not seeing the solution in an elevation of this new structure, and maybe it's not shown in this rendering, but it looks like it's at the same level as the current structure. Mr. Reis: No, it's not. Chair Russell: It's not? Okay. Mr. Reis: No. It's up 11 feet, for sure. Chair Russell: That's an 11 foot rendering above water? City of Miami Page 231 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Reis: No, no. It is -- when you look at the rendering, maybe it seems that it's not too high -- Chair Russell: Yeah. Mr. Reis: -- but we can assure that it is at 11. Chair Russell: And you're not talking about that second platform? Mr. Reis: No, no, no; the first one. Chair Russell: That looks like 11 feet. Mr. Reis: No, the first one. Chair Russell: Okay. Mr. Reis: As I said, the garden nowadays is like at six, six and a half. Chair Russell: Ah, I see (UNINTELLIGIBLE). Mr. Reis: And we are putting it at nine, and then you have two more to get into the 11 feet, the house -- actually, the house. Chair Russell: Understood. Please continue. Mr. Amster: I'm going to bring up Raymond Jungles, and he can help also to address the grading of the property, because there are going to be significant transitions. The street is where it is today, so that has to be addressed in the front, but there -- it does actually get up to nine feet by the -- those rear steps. So again -- Chair Russell: Understood. Mr. Amster: -- we're not -- so, if I can, here's -- Raymond Jungles: So, first of all, I just wanted to say that it's very seldom that I get to do a project -- work that is 6,000 square feet under what's the required landscape open space, like this project, which I think is very commendable. I'm a huge fan of Brazilian architecture, in general; and this particular Brazilian architect, I'm a huge fan of his work, so I was very honored to be part of this project that -- actually, the grade at the base of those steps is nine, so you work up to that. Unidentified Speaker: To the 11, yeah. Mr. Jungles: And we have a cross section that'll show that. This is our presentation. I know you guys have been here a long time. Existing conditions, I want to go quickly through it. We do the renderings to show the existing vegetation adjacent to the property, as well as what's on the property, and this is what it looks like from the street already. It's a very lush landscaped lot as it is. That's the view from the neighbors' properties to the north and south; existing trees; proposed site plan, elevations. It's a little hard to see, but you can see at the base of the steps, it's nine. It works up to nine. And then the proposed landscaping, the landscaping on the upper terrace and sections to the property. Because the house has those screens, those beautiful screens on the north and south side, you can have a greater grade change there from the finished floor. You don't have to worry about railings and that sort of thing. It acts as a linear railing. So we only really have to raise the grade at -- that steps to the entrance to the house, and that begins to show you City of Miami Page 232 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 section through the project. In another section, the longitudinal section, that shows how we've changed the grade to get up to elevation 11. It'll be not very perceptible. It'll be gentle. And everything about this garden is going to seem like it's been there forever and that the house is nicely nestled into it, which I think is the main thing that I love about Morningside, is the amount of vegetation there. And I think that this house, in spirit, is fully -- and you'll hear from the City, of course, their feelings - - is in keeping with the character of the property. And I have to say that of all the properties that I'm doing right now, new residences in Miami, they're all very contemporary. No one's coming in doing the Mediterranean, like they used to, so I think it's very much a house of the times. And some of the images of the vegetation we're using. And the landscape legend, you can see, 6,000 square feet -- more than 6,000; 6,290 square feet of more landscape space than what's required. And that concludes my presentation. Chair Russell: Thank you very much. And in conclusion. Mr. Amster: Yes, absolutely. I just want to reference, if you look at the neighbors' support aerial right -- number one, Dr. Sheldon, our neighbor to the north, he's building a new home, and he was also subject to right the required base flood elevation, and he's chosen to also raise up his yard considerably more uniformly across his property. But what this does is it creates a very incongruous relationship between his new home, which has to be raised up, and this much lower home here existing today. We've already talked about that. It's flood prone, but also, the height between floor to floor is shorter than his. And so, his home actually gets to be quite -- it's sort of not necessarily towering, but certainly, his second floor looks almost completely over the roof of this two-story portion of our home here. And so, again, try -- today, you want to have a safe home that's going to be, you know, properly flood proofed, with storm water management on the property, but also to be compatible with the neighborhood. That's one of the, you know, considerations that need to be made. The second part is the orientation of the homes are, you know -- hers is centrally located. His older home was centrally located, his new home is also centrally located, and we're keeping in that, again, layout of the neighborhood and community. This here is just a summary of all of the elements in the surrounding Morningside neighborhood that are, you know, shade structures, you know, balconies, the lattice, you know, brickwork, that we have not only -- that we basically embraced into the design of the new home, and that's what these renderings and the design in your plans indicate. So that's where we are being compatible, respectful of the historic, you know, fabric of the neighborhood. And just in conclusion, you know, the demolition -- where you have our engineer's report, which has been confirmed by the Unsafe Structures Chief and panel of the City, is evidence of significant deterioration. There are -- to save this property basically would mean you'd have to replicate it, and there was a significant cost to do so at its existing low, unsafe flood elevations. So it'll be -- almost be like a fool's errand, putting in all that money to try to save a home that's already low. And we are here to make, you know, a new home that pulls all of these features from the neighborhood, which is respectful to the Morningside District and its architectural and historic integrity. And also, one of the Morningside District designation reports references that there's an eclectic mix of home design. It's not all this uniform or just a few different styles. And this, in and of itself, both embraces these elements from the other homes, and also then takes it a step forward and creates -- and brings something new at the same time. Chair Russell: Thank you. Mr. Amster: So we respectfully request approval of the -- our appeal. Chair Russell: Thank you. Before I take -- City of Miami Page 233 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Amster: And we're all here to answer any questions. Chair Russell: Thank you. Before I take it to the City side, other than the lattice matching a piece of lattice that was on a window, is there any other elements of this house that speak to either the existing house or the neighborhood to say that it is in harmony with the Morningside Historic District as a noncontributing structure? Mr. Amster: All of these highlighted on this board right here. Maybe Lair can come Chair Russell: So that rounded window is from another house, but it's some -- an element -- Mr. Amster: Yes. Chair Russell: -- that you have in your house? Mr. Amster: Correct. Chair Russell: These different elements. Mr. Amster: And the shade structures or the terraces around the -- remember, the footprint of the home is -- all around the outside of the home is actually a large covered terrace, right? You have -- that second floor slab is very wide. Chair Russell: Thank you very much. I'll leave you a couple minutes for rebuttal after the City. Warren, does the City have a presentation to explain or support the HEP Board's decision in denying the Certificate of Appropriateness? Mr. Adams: Not a presentation, but there are certain facts which I think should be pointed out. And I'm Warren Adams, the Preservation Officer. I am an expert in historic preservation. I can list my qualifications, if you want, or I can go straight into this. Chair Russell: Please. Mr. Adams: And I'll keep it brief and I'll just point out the salient facts. Commissioner Carollo: Well, I want to know your qualifications. I'd like to hear them. Mr. Adams: You'd like to hear them? Commissioner Carollo: At least someone in this City that has a high position can give me their qualifications tonight. Mr. Adams: Okay. I have a Master's, with Distinction, in Historic Preservation from the University of York in England. Commissioner Carollo: Good for you. Mr. Adams: And I have a -- Commissioner Carollo: You're not one of those that's just been promoted with a high school diploma. Great. City of Miami Page 234 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Adams: I have a BSc (Bachelor of Science) in Land Economics, which is the development and valuation of land. I have a certificate in Building Construction. I'm a member of the Royal Institution of Chartered Surveyors, a professional organization that's recognized in 80 countries throughout the world. I'm the first and only member -- RICS (Royal Institution of Chartered Surveyors) member in the United States that they have certified in historic preservation. I've worked for the City of Boynton Beach, Delray Beach, West Palm Beach. I was the Director of the Broward Trust for Historic Preservation. I've worked in the UK (United Kingdom) for Historic Scotland, private and nonprofit and professional preservation organizations. And I was also Property Appraiser for approximately 11 years. So my background encompasses construction, property valuation, development, and historic preservation, which I believe -- Commissioner Carollo: Sir -- Mr. Adams: -- gives me -- Commissioner Carollo: -- that's excellent, but have you ever been a member of the Order of Malta? Mr. Adams: No. Commissioner Carollo: Okay. Commissioner Reyes: With that pedigree, what are you doing here? Mr. Adams: Sorry? Commissioner Reyes: With that pedigree, what are you doing here in the City of Miami? Commissioner Carollo: You don't qualms. Mr. Adams: If I -- Chair Russell: Thank you, Warren; you're well qualified. What would you like to tell us about this? Mr. Adams: Okay. I will keep to -- Rafael Suarez -Rivas (Assistant City Attorney): He qualifies as an expert. Mr. Adams: -- I'll keep to the facts. The property was bought in 2012, and as you heard, they knew they were buying in a historic district. They knew what they were buying. And they said that the property was in worse condition than they thought when they first purchased it. Well, buyer beware. But if you actually look at page 2 of the appeal letter, it states, "The appellant acquired the property in 2012 in a deteriorated condition, with the intent of redeveloping the property." It says that in the appeal letter. The intent was to redevelop the property. Chair Russell: Yes. Mr. Adams: And it's also been said, the property is in substantially the same condition now as it was when it was first purchased. That's what was said. And that's very difficult to believe, especially when they had a number of ongoing Code violations, and these Code violations were addressed. But when you see one Code violation and then it's addressed, and then another Code violation and then it's City of Miami Page 235 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 addressed, this was ongoing. So the City's position was this certainly appeared to be demolition by neglect. Now, actually, when you look at the -- when you look at a couple of pages of the engineer's report -- I actually have two summary pages here. One of them states that the required maintenance and necessary upgrades and repairs have been nonexistent, so the engineer's report itself states the required repairs have been non -exist -- Chair Russell: They haven't done anything. Mr. Adams: That's what it says in -- Chair Russell: All right. Mr. Adams: -- the engineer's report. Now, I'm assuming it's a misprint, but another page in the summary in the engineer's report says, "The overall condition of this residence is that it is inhabitable." Now, I'm assuming that that may be a misprint, but it certainly says, "The overall condition of this residence is that it is inhabitable." So these are from the engineer's report. So we have the appeal letter saying it was bought for redevelopment purposes, we have the engineer's report saying that the required maintenance was not done, and we have the ongoing violations. And it was also mentioned the Unsafe Structures had -- would recommend demolition. Actually, what was said in the email from Rene Diaz was, "Based on the percentages of deterioration and damages found, the recommendation in such structures by the Unsafe Structures Panel would be demolition." This has not been to the Unsafe Structures Panel. So with all due respect to the engineer's qualifications and reports, I have never been in a situation where we would just take the appellant's word for it; we would always check, double check everything. So at the very least, we believe the structure should be at least reviewed by the Unsafe Structures Panel. Chair Russell: Warren, then why -- where -- why do we have a written opinion from Rene Diaz from our department that states demolition would be appropriate based on --? Mr. Adams: And this was in a response to an email. Jose Camero: Hi. Jose Camero, Building Director. When the issue came up, I emailed Rene to find out if there was a case that he had taken to the Unsafe Structures Board, and he replied about half an hour ago to the comment, saying that he had met. So the report -- and it was his opinion at the time that he was reviewing the report -- but it was never the house or the -- has never been before the Unsafe Structures Board. Chair Russell: It's never received a demolish or repair order? Mr. Camero: No. Chair Russell: It had simply received Code violations for -- Mr. Camero: Correct. Chair Russell: -- various items over and over? So clearly, what we have here is a distant owner, an absentee owner who had an intent to redevelop, and so didn't intend to restore or maintain until their plan to redevelop. That's pretty fair to say, pretty clear to see. Mr. Adams: Well, I'm (UNINTELLIGIBLE). City of Miami Page 236 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Violations came; they fixed some, but the house was in bad condition. Is that pretty fair to say? Mr. Adams: Going by the information I have here, that's -- Chair Russell: Now, the question I have was with regard to this 50 percent of value repair estimate, and maybe it's a little more to you, Rafael Suarez -Rivas. Mr. City Attorney, if you could tell us, when our Building Department deems a house to be -- to cost more than 50 percent of its value to repair, does that entitle the owner to take the option of demolishing, or is that just a rule of thumb? Mr. Suarez -Rivas: I believe it's a rule of thumb. It's a rebuttable presumption that if the cost of repair is over 50 percent that it could make for an economic hardship, an undue hardship -- Chair Russell: Potentially unreasonable. Mr. Suarez -Rivas: -- that someone -- Chair Russell: It's unreasonable. Mr. Suarez -Rivas: Unreasonable, yes, when the cost exceeds that valuation. Yes, sir, I would. Chair Russell: Yeah. And that value is of the building valuation, that $200, 000 number, right? Mr. Suarez -Rivas: I believe so, sir. Chair Russell: So when we're talking about a 30,000-foot prop -- square foot property on the waterfront in Morningside, 50 percent of the value of that 200,000 may not be a hardship, but it's a percentage of the value that says, "This is more gone than it is there," right? That's basically what it is. Mr. Suarez -Rivas: I think that's a plausible conclusion, sir. Chair Russell: Thank you. Did you want --? Commissioner Reyes: I have a question. Chair Russell: Okay. Commissioner Reyes: I have a question. Chair Russell: Yes, please. Commissioner Reyes: Sir -- Mr. Adams: Yes. Commissioner Reyes: -- you think that this house is salvageable? Mr. Adams: Unfortunately, I made a request to actually visit the site and try and resolve the entire issue, and I was never granted access to the site. I emailed the owner's representative. City of Miami Page 237 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: I -- Mr. Adams: So I was never given access to the site. Commissioner Reyes: -- have one question. Mr. Adams: Yeah. Commissioner Reyes: It's a very simple question -- Mr. Adams: Yeah. Commissioner Reyes: -- you see. That house is -- I mean, according sea level rise, is going to -- it's a fact that house, it -- you have to raise, lift that house in order you won't be flooded. Anybody that buys that house right now won't be able to get flood insurance. And I'm going to ask you this question, and I'm not being facetious, you see. You want to preserve it, because you are historic preservation and all of that. Do you have in your past any technique to raise that house? Mr. Adams: Yes, there are techniques, but they are incredibly expensive. Commissioner Reyes: Incredible expenses. Mr. Adams: Incredible expenses. Commissioner Reyes: It won't be worth it? Mr. Adams: Yeah. Sorry? Commissioner Reyes: Then it won't be worth it? Mr. Adams: Yeah. They are very expensive, yes. Commissioner Reyes: That's right. Mr. Adams: Yeah, yeah. This is more about the fact that we don't -- Commissioner Reyes: What I'm talking about, let's -- Mr. Adams: -- we do not approve demolitions where there's -- where we suspect it's been demolitioned [sic] by neglect. So this is what the issue is here with regard to the proposed new design. And our concern was that on the front elevation, there is basically two windows and one door, and we had offered to work with the applicant's representative to try and come up with something that would work. So our solution was -- which was -- you know, I suggested this solution: We take the property to the Unsafe Structures Board. If the Unsafe Structures Board determines that this property must come down, then whether it's a historic building or not, that basically trumps historic designation. So if the Unsafe Structures Board says this must come down, then it must be demolished. And we offered to work with the owner to do some changes to the front elevation only; not the back, not the sides, not anything else. And we offered to do that, and we were told the owner doesn't want to do that. Chair Russell: So some changes to their redevelopment plan? Mr. Adams: Some changes to the plan, to the front elevation only. City of Miami Page 238 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: So on a noncontributing structure in a Historic District where there is enough masking from the street that the house is not visible, how much do we care about those specific elements that bring it into line with the rest of the neighborhood? Mr. Adams: Well, the problem is that the landscaping that screens it could be removed. Chair Russell: Thank you. Mr. Adams: And basically, Chapter 23 is very specific, as are our design guidelines, with what is required for new construction in historic districts, and I have approved very, very modern designs in historic districts, but there's been a bit of tweaking with the original design just to bring it into a bit more compatibility with the district, and that's what we were willing to do here. We weren't looking at them to change the entire design; we only wanted them to look at the front elevation. And as I said, if Unsafe Structures -- the Unsafe Structures Panel determined that the existing building had to come down, well, it has to come down, regardless of whether it's historic or not. Chair Russell: So a very specific factor here is the determination by Rene Diaz at the department versus a determination by the Unsafe Structures Board. What weight does Rene's opinion carry in this case? Because if he's determined that it's more than 50 percent gone in terms of cost to repair versus value, how different -- how much are we to weigh -- give weight to that versus sending it to the Unsafe Structures Board? Mr. Adams: Well, the -- If I'm correct, the ultimately decision will be made by the Unsafe Structures Panel. Mr. Camero: The decision will have to be made by the Unsafe Structures Panel. Rene is just the Chief of Unsafe Structures in the Building Department, and he takes the cases to the Unsafe Structures. Chair Russell: So why did it never go there before getting this far? If they're seeking demolition, and the demolition is for purposes that -- reasoning that it is not salvageable, we don't have a professional opinion from the City side confirming that; is that correct? Mr. Camero: All we have is a meeting that happened, and I understand -- so my -- Chair Russell: No. My question is, why didn't it go to the panel? Mr. Camero: Because we don't have a case. The only cases that are served -- if we have a complaint, we'll serve -- we'll go over there, and we'll tag the property "unsafe, " and then we'll take it to the panel. They either have to demolish or repair. Chair Russell: But when Rene did the assessment, didn't that trigger the next steps that would take it to the panel? Mr. Camero: No. The request was, "We have this house. Here's the report. What's your opinion?" Chair Russell: Okay. Mr. Camero: That's what happened. City of Miami Page 239 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: What would have triggered sending it to the Unsafe Structures? Mr. Camero: A formal complaint. Chair Russell: By? Mr. Camero: By somebody. I want you to go there and take a look at it." And then Rene would have taken -- would have cited the property, and we would have gone, "You either have to repair or demolish." Chair Russell: All right. Commissioner Carollo: Well, if it would help, I'll make a formal complaint. Mr. Camero: Okay. Chair Russell: We're getting there. I think this is giving us the pieces we need to make the proper decision. I really see four potential solutions here that this board needs to decide, and clearly, the HEP Board was taking a decision in a couple ways. One, they felt this has been an irresponsible owner of a historic property. And so, there's a bit of a punitive, "No, you can't demolish this house." But beyond that, they're also saying, "Your plans for redevelopment aren't in line with the community." Am I correct with that? Mr. Adams: Yes. Chair Russell: Did the HEP Board give specific changes they would like to see that would bring it in line with that -- with the neighborhood? Mr. Adams: I don't believe they did, but I did reach out to the owner's representative to see if there's a way we could sit down before coming to appeal to try and get it resolved. Chair Russell: So had they given that, that would really help us, honestly, as a board; because, otherwise I just hear them saying, "No," because they're upset about the demolition by neglect. So the options I see before us -- and gentlemen, you can completely disagree with me -- but the options before us are: One, to deny the demolition and tell them they have to bring it back to what it was. Two, approve the demolition, but tell them they have replicate the house exactly to its historic, original, and, obviously, probably raise it up. Mr. Adams: Yeah. Chair Russell: Probably doesn't sound very practical. Three, approve the demo -- well, approve a demolition or not, but send it back -- send their plans back to the Historic Preservation Board, and say, "You can't demolish until you provide a plan that is appropriate with the neighborhood." And so, that would be denying demolition and telling them to go back to HEP Board with a plan that gets approved. And of course, four, our final option could be to say, approve the demolition and approve their plan. Mr. Adams: Yeah. Chair Russell: Does that sound like a pretty fair menu of options before us? Mr. Adams: Yeah, but I'm not sure if you mentioned it could be referred to the Unsafe Structures Panel. City of Miami Page 240 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: I see that as bureaucracy at this point. I think if Rene Diaz has already weighed in that the cost to repair is far exceeding half the value of the house, you know, the demolition portion, whether we're trying to be punitive about the demolition by neglect or not, I think the really -- our job is to look for the future here. Should we allow them to demolish or not? Should we accept their plan or not? I think that's what's before us. Mr. Adams: I -- it doesn't -- I suppose my own -- Sorry. Commissioner Reyes: From what I heard, the neighbors surrounding the house on -- or the architecture surrounding that house, it is modern, right? Mr. Adams: Yes. Commissioner Reyes: It is modern. And the neighbors that are going -- the ones that are going to be looking at the house, and they are -- property value is going to be impacted, they all agree with the plans, and they all agree, and they're happy that the house is going to be built there. Commissioner Hardemon: That house sits on Biscayne Bay. Commissioner Reyes: Yeah. Commissioner Hardemon: Those property values will not be impacted. Commissioner Reyes: No. I know. Commissioner Hardemon: Let me tell you something. Commissioner Reyes: Whatever you build there -- Commissioner Hardemon: Biscayne Bay is our public asset. Commissioner Reyes: That's right. Commissioner Hardemon: If not for Biscayne Bay, those properties would not have that sort of value. Commissioner Reyes: I do understand that, but they are -- Commissioner Hardemon: Period -- Commissioner Reyes: -- the ones that should be more concerned. Commissioner Hardemon: -- with a "T" at the end. Commissioner Reyes: You see? Commissioner Hardemon: Right. Commissioner Reyes: They should be concerned, and they're not. And I personally - - personally, I believe that -- it is my opinion, you see, and you know how I feel -- if we have any structure that -- you can call it demolition by neglect. You can call it whatever you want -- give any cliche name, whatever, okay? If the -- I mean, we have experience with the -- I mean, the sea eating on the robars (phonetic). City of Miami Page 241 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Adams: Yeah. Commissioner Reyes: It happened here. Mr. Adams: Yeah. Commissioner Reyes: It happened here, okay? Mr. Adams: Yeah. Commissioner Reyes: (UNINTELLIGIBLE) of this building was almost destroyed, and in order to maintain it, it was millions and millions of dollars. And you are going to try to main -- I mean, save that house, you will have to get all the (UNINTELLIGIBLE) inside. Mr. Adams: Yeah. Commissioner Reyes: You will have -- I mean, it's -- Commissioner Hardemon: My question is, so for all the historic properties in the neighborhood, why try to preserve them then? Commissioner Reyes: That's right. Commissioner Hardemon: Because I want to know -- Chair Russell: "Could anyone make this argument?" is what you're saying? Commissioner Hardemon: Right. So there's a demolition by neglect that seems like it's in the air. Commissioner Reyes: That's right. Commissioner Hardemon: It has not quite been fingered, because you haven't been allowed on the property, and probably wouldn't let you on either -- Commissioner Reyes: Could -- Commissioner Hardemon: -- especially if I could buy a house for $2.2 million, and I live only here for 120 days. Commissioner Reyes: Let me ask you something, since you're an expert in (UNINTELLIGIBLE). Chair Russell: Commissioner Hardemon, were you done with your points? Commissioner Hardemon: So -- Chair Russell: Just a moment. Commissioner Hardemon was still -- Commissioner Hardemon: So first, you know, is there a distinction between the house that's just north of it? Was that demolished or -- by -- because if it was -- it was neglected, or was there some other reason? Because certainly, we don't want -- look, we don't need anyone who's investing into properties in our neighborhoods, who is taking advantage of loopholes within our system, if it is, in fact, a loophole; maybe it is not. I don't know. But all I'm saying is that the people who reside in these communities, no matter how much money they have, no matter what kind of City of Miami Page 242 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 home they're trying to build, they obviously want the sort of homes that are in those neighborhoods. Plenty of those homes have had improvements. Most of them probably by this time now -- because I drive through the neighborhood -- high - impact windows, they've added certain rooms and spaces and such, but Miami is not a place of huge homes. The majority of Miami -- it's just not that -- it's not like that. So when you allow a structure to be deteriorated to the point in which it is going to be demolished, and then, you know, you come back with a structure that -- okay, it's smaller than what the allowable square footage is -- but that is a 30,000-square-foot lot, though. I mean, Jesus, you know. So -- Commissioner Reyes: About the size of yours, right? Commissioner Hardemon: No, I got -- that would have been -- Chair Russell: Commissioner Reyes and then Commissioner Gort. Commissioner Hardemon: -- a typical lot in -- I mean, typical lots in Miami, we see, are 5,000 square feet, right? So six times five, you get six houses on that in some areas, right? Maybe not on the water, but -- Commissioner Reyes: Five times my house in there. I mean -- Commissioner Hardemon: So my point -- so just my point is that I just want -- if our decision is to allow this investor to build -- knock down this home and build something completely new, which is absolutely beautiful. The renderings are wonderful, it is without a doubt. You just should understand that the decision by that company, which obviously has lots of revenue, because it can buy a $2.25 million home, with the plan of allowing it to deteriorate, and then create these wonderful renderings, and build something that's absolutely marvelous; if you think that this is something, you just wait, because I can imagine the rest of those homes is going to do the exact same thing. Commissioner Reyes: Yeah, but -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- we 're assuming that the -- that it was bought, and then it was not touched, and allowed to deteriorate. Since when you have this property? Vice Chair Gort: Six years ago. Chair Russell: 2012, and they said they've done no improvements. Commissioner Reyes: 2012. For the past seven years, you have not touched it. Mr. Amster: In December of 2012, so just -- Commissioner Hardemon: Have they lived in it at any time from the time of purchase? Mr. Amster: I'm sorry; say again. Commissioner Hardemon: Had the owner lived in it at any time since the time of purchase? Chair Russell: No. City of Miami Page 243 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: No? Unidentified Speaker: No. Mr. Amster: The conditions weren't very good at the time that she purchased the property. Commissioner Hardemon: The property owners that were there before, were they living in it? Commissioner Reyes: (UNINTELLIGIBLE). Mr. Amster: I personally don't know about the property owners prior to her ownership. Commissioner Hardemon: Okay. Let me ask a question. Mr. Amster: But -- Commissioner Hardemon: Who did the walk-through of the house when they decided to buy it? Chair Russell: The owner. Mr. Amster: The owner is here; she can speak to -- answer that question. Commissioner Hardemon: Had she been properly sworn in? Ms. Estrada: I raised my hand (UNINTELLIGIBLE). Commissioner Hardemon: Can we make sure she's sworn in? Mr. Amster: She did. She was sworn in. Ms. Estrada: Yeah, I (UNINTELLIGIBLE). Commissioner Hardemon: Okay. Hello. Ms. Estrada: Hi. Commissioner Hardemon: Can you state your name, please? Ms. Estrada: Elisa Estrada (UNINTELLIGIBLE). Commissioner Hardemon: Did you do the walk-through when you purchased this property? Ms. Estrada: Yes, I did. Commissioner Hardemon: Were you alone? Ms. Estrada: With the broker. Commissioner Hardemon: So it was just you and the broker and the homeowners? Ms. Estrada: Yes. No, they weren't there. City of Miami Page 244 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: The homeowners were not there? Ms. Estrada: They were outside of the property. They waited outside the gate. Commissioner Hardemon: So they allowed you to tour the home when they were outside the gates, so you could have some privacy? Ms. Estrada: Yeah. Commissioner Hardemon: Yes. And when you walked through the home, do you remember there being beds in the home? Ms. Estrada: I don't recall that, to be honest. Commissioner Hardemon: Do you remember if there were dining tables there? Ms. Estrada: There was a dining table, yes. Commissioner Hardemon: Okay. Do you remember there being a refrigerator? Ms. Estrada: Yes. The kitchen -- Commissioner Hardemon: Stove? Ms. Estrada: -- the living room, yeah. Commissioner Hardemon: Do you remember if there were any plates in the cabinetry? Ms. Estrada: No, I don't. Commissioner Hardemon: No? Ms. Estrada: I don't remember that. Commissioner Hardemon: Do you remember going through any of the bathrooms? Ms. Estrada: I did not. Commissioner Hardemon: You didn't look in any bathrooms? Ms. Estrada: No. Commissioner Hardemon: Do you remember if there was any laundry, any shoes? Any laundry (UNINTELLIGIBLE)? Ms. Estrada: The laundry room, I remember it, yeah. Commissioner Hardemon: Do you remember this being any laundry baskets there in the --? Ms. Estrada: No. Commissioner Hardemon: Do you remember seeing any laundry on the floor? Ms. Estrada: No. City of Miami Page 245 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: No towels or shoes, or anything of that nature? Ms. Estrada: No. Commissioner Hardemon: No? Do you remember going into the -- Do they have a garage? Ms. Estrada: The garage, yes. I went in. Commissioner Hardemon: Do you remember there being a car being inside -- Ms. Estrada: Separate volume. Yes, there was a -- no. Actually, there was not a car. They didn't have a car there. Commissioner Hardemon: Okay. Do you remember any household items in the garage? Ms. Estrada: It was for garbage purposes, I think. They had a lot of -- they were, I think, part hoarders. They were like accumulating things. Commissioner Hardemon: Okay. Ms. Estrada: They were hoarding a lot of things. I would call it hoarding, yes. Commissioner Hardemon: So do you remember a television being in the living room? Ms. Estrada: I'm sorry? Commissioner Hardemon: A television? Ms. Estrada: They had a living room. They had a living room. Commissioner Hardemon: All right. Was it of your opinion that they were living there at the time you purchased it? Ms. Estrada: It looked like it. I mean, it depends. I don't judge, so everybody lives differently. Commissioner Hardemon: Which is true. Ms. Estrada: We're not the same. We're very unique. Commissioner Hardemon: But in your opinion -- Ms. Estrada: (UNINTELLIGIBLE). Commissioner Hardemon: -- it did appear that they were living there? Ms. Estrada: I guess. Commissioner Hardemon: Yes. Chair Russell: It wasn't an abandoned home? City of Miami Page 246 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Estrada: Here or there, probably, but not really. I mean, they -- it seemed like they were living there, and they were eager to actually sell it, so that's why I went to them. Commissioner Hardemon: If I would have purchased for -- I think they purchased it for like 285, 000. If you offered me 2.2 -- Ms. Estrada: I didn't offer; they asked. Commissioner Hardemon: They asked for that? Ms. Estrada: Yeah. Commissioner Hardemon: And you provided it to them. Did you -- at the time that you bought the house, did you make any counter offers to them? Ms. Estrada: I went a little lower, yeah. They said, I think, two three, and I went to 225. Commissioner Hardemon: They wanted two three? Ms. Estrada: Yeah. And I said, no -- Commissioner Hardemon: Okay. Ms. Estrada: -- just to make it more interesting. Because I had been kind of going around Morningside prior to seeing them -- to seeing that property. Commissioner Hardemon: Did you share with them any plans that you had for the property? Ms. Estrada: I'm sorry? Commissioner Hardemon: Did you share with them any plans that you had for the property? Ms. Estrada: Did I share? Commissioner Hardemon: Share with them, like any of your ideas for the property. Ms. Estrada: Ideas, no. I just fell in love with the property. Commissioner Hardemon: All right. And at what point did you start to create these renderings and these plans for the new development of the property? Ms. Estrada: I didn't start until a while back, because when I first saw the property and they gave me the -- whatever I could read and could understand, it said that it had asbestos, so I know that asbestos is terrible. Commissioner Hardemon: If you disturb it. Ms. Estrada: It could kill you. You're not so -- I mean, before it used to legal, but then at some point, so many people were actually putting law -- making lawsuits, I guess. You cannot live in a house under asbestos. So I started doing more research, and we have come -- we came actually to this conclusion, because you have to pay a lot of money. You have to tear the property down in order to, you know, live -- I cannot move there right now. City of Miami Page 247 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Hardemon: Do you remember the year that you started to engage in architect to help you with these plans? Ms. Estrada: I don 't remember exactly the year that I started. Commissioner Hardemon: Is this the same architect that you have today? Ms. Estrada: Yeah, but I had been a fan of his works, so I had been following him before -- Commissioner Hardemon: So -- Ms. Estrada: -- even purchasing the house or -- Commissioner Hardemon: I mean, his work is beautiful, so I understand. So you -- so -- but he -- so he -- either he should know when you -- around the time that you engaged him? Ms. Estrada: Yeah. Commissioner Hardemon: Yeah? Ms. Estrada: It was probably like around the -- like a year after that, because this was 2012, like late --this was December 31, 2012, I believe. Commissioner Hardemon: Do you own any other companies that own any other property? Ms. Estrada: Yeah. Commissioner Hardemon: Yeah? Ms. Estrada: Yeah. It's for estate planning purposes, personal estate planning, so that's why they're under LLCs, and I'm an international -- yeah -- person. Commissioner Hardemon: Thank you very much, Elisa. Ms. Estrada: Thank you. Chair Russell: Thank you. Commissioner Carollo: Let me ask you one -- Chair Russell: Gort, did you -- Commissioner Carollo: -- minor question. Chair Russell: Commissioner Gort had a question -- I'm sorry -- Commissioner Carollo: Oh, okay. Chair Russell: -- from before. Commissioner Carollo: Okay. City of Miami Page 248 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Vice Chair Gort: Question, the house north of it was knocked down. What was the difference that house not being historic? Mr. Adams: That I would have to check whether that was a vacant lot, whether -- the property may have been demolished 20, 30 years ago, before it was a historic district; I don't know. If it was demolished when it was a historic district, it would have received approval from the Historic Preservation Board. I'm not sure -- Chair Russell: Do we have some institutional knowledge, anecdotally, from a neighbor? Mr. Cruz: The house to the north was a noncontributing structure that had been vacant for about five to eight years, at least. Chair Russell: Demolished when? Mr. Cruz: It was demolished a couple years ago. Chair Russell: Thank you. Any other questions, Commissioner Gort? Vice Chair Gort: No. Chair Russell: Commissioner Carollo. Commissioner Carollo: I do. Ma'am -- can she come up here to the mike again? Mr. Amster: Commissioner, if I may, just for a moment to Commissioner Gort's question? I represent the owner. The HEP Board approved demolition and the change to the property to the north. He's my client. My colleague, Tony Recio, represented him through the matter. I have all the files. There was a noncontributing structure. However, because it was a historic district, we still went to the HEP Board -- Commissioner Carollo: Right. Mr. Amster: -- and the entire process, demolition and the new design, was approved by HEP Board. Thank you. Chair Russell: Thank you. Mr. Adams: The main issue here, though, is the demolition by neglect. That's what the issue is here; that's why the demolition application was denied, because we cannot be seen to approving or supporting demolition by neglect. And with regard to the options that you gave, my concern with that is if the decision on the demolition is left up to the Commission, are we going to see more people doing a similar thing, thinking, "Well, fine. If the board deny the application, we can just take it to the Commission." Chair Russell: And I know, Commissioner Carollo, you have some questions of the owner. Commissioner Carollo: Brief questions. Mr. Adams: Sure. Chair Russell: But what does our Code prescribe for demolition by neglect? What is our remedy? What are we supposed to be? City of Miami Page 249 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Suarez -Rivas: Demolition by neglect in the Code can be enforced by Code Enforcement proceedings, or a civil action for injunction and remedial relief and -- for example, if the City went into the property, the City could get a lien for repairs on the property. That's what is provided for in Chapter 23. Chair Russell: Right. So technically, we could force them to bring it back, which was option number one that I suggested, that I -- out of the four; that they could be forced to actually remediate the house to -- I mean, renovate -- refurbish -- Mr. Suarez -Rivas: Yes. Chair Russell: What's the word I'm looking for? Mr. Suarez -Rivas: Yes, of course. That's in the Code. Chair Russell: Thank you. Mr. Suarez -Rivas: And I know that the Chair is mindful, but what you have before you tonight is, as you mentioned, either affirming or reversing or modiing the decisions about the demolition, and then what would be the replacement structure, if any. Chair Russell: Thank you. Commissioner Carollo, you had some questions for the owner, please. Commissioner Carollo: Yes, I would, if she wouldn't mind coming back to the mike. Mr. Amster: Sure. I'll bring back Elisa. If I may, after, may I rebut some of the neglect --? Chair Russell: Of course. I'll give some time for that. Mr. Amster: Thank you very much. Commissioner Carollo: I have some brief questions for you. Ma'am, you are planning to live in this house, correct? Ms. Estrada: I would love to, yeah. Commissioner Carollo: And you're going to make it your homestead? Ms. Estrada: It is. Yeah, it will be. Yeah. Commissioner Carollo: Once you live in it? Ms. Estrada: If it's possible, yeah. Commissioner Carollo: Okay. All your neighbors to the right, to the left -- Ms. Estrada: North, south -- Commissioner Carollo: -- and in front of you -- Ms. Estrada: -- and west. Commissioner Carollo: -- are approving what you're requesting. City of Miami Page 250 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Ms. Estrada: Yes. Commissioner Carollo: Okay. This certainly isn't Montanita, is it? Ms. Estrada: Montanitas? Commissioner Carollo: Yeah. Ms. Estrada: In Ecuador, the beach. Commissioner Carollo: Yeah. You would have had a lot easier time there. Ms. Estrada: Well, this is not the Pacific. Commissioner Carollo: Yeah. Ms. Estrada: Yeah. Commissioner Carollo: You know, I'm amazed that individuals that are invested in our City like this have to go through so much -- Commissioner Reyes: That's right. Commissioner Carollo: -- for them -- I look in my district, and a lot of these same chaps that are so stern, and someone like you that is going to invest -- How much do you estimate that it's going to cost you to build this? Ms. Estrada: I don't want to know right now. The cost -- I mean, every day the prices are changing in Miami. Commissioner Carollo: How many square feet is it? Ms. Estrada: I don't know how much the square foot is nowadays. Commissioner Carollo: How much? No, the square footage of the house, the new house. Unidentified Speaker: About -- between 7,000 and 8,000. Commissioner Carollo: Well -- Ms. Estrada: But it's not the -- only the living space. Commissioner Carollo: -- if you're going to be building about 8,000 square feet, a house like this, with all the elevations that you're putting, it's probably going to cost you maybe around 300 -- no less than 300 a square foot. You could add that up and see how much they're investing here -- Vice Chair Gort: 3,000,400. Commissioner Carollo: -- and how much it -- Yeah -- and how much it's going to bring to our property rolls, besides the cost of the actual land. Chair Russell: Thank you. City of Miami Page 251 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: But I look at this, and then I look at how Code -- how building is done in Little Havana, and it's like we're living in two worlds, and I'm tired of it. And I'm going to say this to the Administration, until they start enforcing and uphold the ordinances: In Little Havana, in my district, I'm not voting against anything anyone else is asking; nor am I going to be punishing people that are going to be investing in our community. So I, for one, am ready and willing to make the motion to allow them to demolish, and accept their plan (UNINTELLIGIBLE) try to. Chair Russell: Commissioner, if we could just finish the process to make sure that whatever motion and -- we do make is fully defensible in a higher court. We just need to go through all the motions of hearing all sides, the rebuttal, but I understand where you're coming from. So if we could just hold off on the motion for a moment. I know it's getting late. Commissioner Hardemon: And I wanted to point out that her daughter also gets $25 through the savings accounts for the kids. Chair Russell: Warren -- Commissioner Carollo: You want to -- does that mean you want to lower it from 50 to 25? Chair Russell: Warren, question for you with regard to the design of the new house fitting in to a historic district as a noncontributing structure. There is a -- sort of a -- maybe I've got my words wrong -- but a mid-century, modern look to this house; am I wrong? Mr. Adams: No. You 're -- there is some elements there, yes. Chair Russell: And does that -- that is quite prevalent in the Morningside area. That's one of the designs that's quite repeated throughout, if I'm not mistaken. Mr. Adams: There are examples. Yes. Chair Russell: There are examples of that. So you had some recommendations for them. You wanted to sit down with them. But do you see this plan as being a violation of the district; that it just doesn't fit in? It's a square peg in a round hole, and it will be a sore thumb? Mr. Adams: The main concern was the front elevation, the elevation that could be seen from the street, and all we wanted to do was just sit down with them and maybe make some minor changes that would make it fit. Chair Russell: And what would those be? How different would you be talking about? Mr. Adams: Basically, just add a few more windows. Chair Russell: More windows. Mr. Adams: Yeah. Chair Russell: And that would bring it more into the character? Mr. Adams: It would bring it more in line with what is there. Chair Russell: Okay. City of Miami Page 252 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Carollo: Could you put a couple of more windows somewhere so that they are happy and we could vote upon this, and you could go on? Vice Chair Gort: No, you got to -- you're our major architecture that (UNINTELLIGIBLE). Mr. Amster: The home is going to be set back; I think it's 120 feet. Vice Chair Gort: From the front. Mr. Amster: Oh, no. 88 feet, I think, for the first floor. I can bring up the -- you know, the rendering. It's open (UNINTELLIGIBLE) area on the sides. It does have windows. It does have a door. It -- there's no -- you know, this is now trying to debate taste, you know, and what's required. We've put in numerous elements from all the neighboring types of homes, which it's not just one element from each home, you know. There's -- there was another diagram that emphasized that these are elements that are prevalent in many different homes in Morningside. So I think that we've incorporated that. We've embraced that. We've put in windows and doors in the building. Chair Russell: Before there's a motion -- Mr. Adams: I think that they're here and they can consider, but -- Chair Russell: -- is there anything you'd like to rebut, or would you like to rest? Mr. Amster: Yes. Regarding the -- I do -- would like to rebut for -- shortly -- basically about the neglect. We have an engineer's report; and also, you have your chief of your Unsafe Structures, which does unsafe structures analysis day in and day out, and that agreed that this is a deteriorated condition and which predates numer -- it's just been decades in the making, and has already been there and -- when she came to purchase the property. And so, on that basis, this is -- you know, neglect is long-standing, well before she got here, which is -- it is a -- specific facts for this case, and that's what we're looking at. I don't know what the conditions of other homes are; this one, though, you have full -- you know, substantial competent evidence regarding the neglect that happened based on deterioration in the structural elements years and years ago. There's an issue about replicating the struct -- you know, demolishing and just making them replicate. That's going to be contrary to the Secretary of Interior Standards. They don't like imitation. That's not how you treat historic structures. You either restore them, or you build something new that is of its own time. You could add onto this building, but that, in and of itself, is going to cause greater issues. Raising the building is actually -- we've already mentioned -- it's in the engineer's report -- that the structure is in such bad shape that it would not withstand raising -- Chair Russell: Understood. Mr. Amster: -- I mean, lifting it up. So again, you're going to make this structure crumble in an attempt to try to save it. So this is the best, you know, situation here for bringing a new home that's compatible with the neighborhood. And regarding the violations, this is not an -- ongoing violations that were open forever and numerous to -- that you can't even count them. The Historic Preservation Board staff report has three -- Unidentified Speaker: It's not a party. City of Miami Page 253 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Mr. Amster: -- April 17, 2013: Failure to maintain lot in safe condition; not allowing accumulation of debris and trash; closed 12 days later -- actually, voided, but still closed 12 days later. October 10, 2013: Closed one month later. Again, exterior -- failure to maintain exterior of property; lot in unsafe, clean condition. These are not about structure components. It was never an unsafe structure or, you know -- and that's also not required in the Code either. You don't have to go to the Unsafe Structures Panel. The engineer's report and the Unsafe -- Chief of the Unsafe Structures -- Chair Russell: I'd like to bring the rebuttal to a close, please. Mr. Amster: The third and final violation was, again, failure to register a vacant structure; vacant, unsecured; and that was closed a few months later; total compliance. Three violations; not an ongoing problem. Thank you. Chair Russell: Thank you. Commissioner Carollo, do you have a motion? Commissioner Carollo: I do -- Commissioner Reyes: I second -- Commissioner Carollo: -- have a motion. Commissioner Reyes: I second it. Chair Russell: But you don't know what it is yet. Commissioner Reyes: I know; he said it. Commissioner Carollo: It's to allow demolition and to accept their plan, as presented. Mr. Suarez -Rivas: If that is -- Was there a second? Chair Russell: Yes; Commissioner -- Mr. Suarez -Rivas: Okay. So that -- Chair Russell: -- Reyes. Mr. Suarez -Rivas: -- motion, I would suggest, is really reversing the decision of the HEP Board to allow the appeal for a Certificate of Appropriateness for the demolition of the structure and new construction, per the plans on file, based on the testimony and evidence presented. Commissioner Carollo: That's correct. Isn't that what I said, Rafael? Vice Chair Gort: Exactly. Mr. Suarez -Rivas: Yes, sir. Commissioner Carollo: Thank you. Chair Russell: There's been a motion and a second. Is there any further discussion from the dais? Commissioner Hardemon: Is that what you want, Mr. Chairman? City of Miami Page 254 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: I do not like to set the precedent of demolition by neglect. Seeing this case and understanding what these designs are, I could see this fitting in the neighborhood. Could it be changed a little bit? Could it be different? I see the masking. I see the setback. I'm reluctantly willing to vote in -- with Commissioner Carollo on this one, but I really want our department to start being more diligent, as you said, where violations occur. And if demolition by neglect is happening, rather than waiting until they bring a plan, and then we just say "no" to their plan. So I'll vote with you, Commissioner Carollo. Commissioner Carollo: Thank you, Commissioner Russell. Commissioner Reyes: Call the question. Chair Russell: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Amster: Thank you all very much for your patience. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 255 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 D3.1 4899 Commissioners and Mayor D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO DISCUSSION ITEM TIME CERTAIN OF 11:00 AM - DISCUSSION REGARDING CODE ENFORCEMENT. MOTION TO: RESULT: Defer by Unanimous Consent DEFERRED BY UNANIMOUS CONSENT Note for the Record: Item D3.1 was deferred to the February 14, 2019, Regular Commission Meeting, with a time certain designation of 11:00 a.m. Victoria Mendez (City Attorney): Chairman, I have a script for a request for -- Todd B. Hannon (City Clerk): And we also -- Chair Russell: (UNINTELLIGIBLE) to -- Mr. Hannon: -- need to address -- Ms. Mendez: -- shade meeting. Mr. Hannon: -- D3.1, if we want -- Commissioner Carollo, if we wanted to -- Chair Russell: We'll continue it to the next meeting. Mr. Hannon: Okay. Commissioner Carollo: Well, can we -- will you give me a time certain? Chair Russell: I'm sorry. Defer it to the next meeting. Commissioner Carollo: Can you give me a time certain, morning or afternoon? Chair Russell: What would you like? Commissioner Carollo: 11 would be great. Chair Russell: 11 o'clock. Commissioner Carollo: Thank you. Commissioner Reyes: First item in the morning. Commissioner Carollo: Okay. Mr. Hannon: Deferred to February 14 -- Commissioner Reyes: (UNINTELLIGIBLE) the morning; get rid of it. City of Miami Page 256 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 NA.1 5462 Commissioners and Mayor Mr. Hannon: -- 11 a.m. time certain. Commissioner Carollo: Thank you. Commissioner Hardemon: Is that Valentine 's Day? That 's Valentine 's Day? Chair Russell: Thank you. END OF DISTRICT 3 NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PRIORITIZING THE ENFORCEMENT OF THE CITY CODE WITH RESPECT TO ILLEGAL CAFETERIAS, BARS AND LOUNGES WITHIN THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-19-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Vice Chair Gort: You got a pocket item. Chair Russell: Thank you. And in the future, gentlemen -- Commissioner Carollo: Pocket item. Chair Russell: Yes. -- if we could submit pocket items in the morning, that'll give us time just to absorb them throughout the day, and that'll make sure we don't ever have any pressure for a five-day rule or anything like that. We can really get time to study it. So I'd love to have those submitted in the morning, if possible. What is your pocket item? Commissioner Carollo: It's a resolution of the Miami City Commission, requesting the City Manager to prioritize the enforcement of the City Code with respect to illegal cafeterias, bars, and lounges within the City of Miami, Florida, and effectuate the immediate closure of such business which operate illegally throughout our whole city. Vice Chair Gort: Second that motion. Chair Russell: There's been a motion and a second. Madam City Attorney, have you gone through this and found it true to the form and correctness? Victoria Mendez (City Attorney): It's fine. City of Miami Page 257 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Chair Russell: Is this different --? What is our current process for when we find a violating property? Is there a period of remedy, or is it simply effectuate immediate closure? Ms. Mendez: What this resolution is doing is asking the Administration to prioritize this over other Code Enforcement violations. We've done this in the past when -- Chair Russell: But it's enforcing -- Ms. Mendez: -- we've priori -- Chair Russell: -- the existing policy? Ms. Mendez: Correct. Chair Russell: Okay. Ms. Mendez: So there's also -- when we did this for Unsafe Structures -- that we prioritized Unsafe Structures, and we did it -- Vice Chair Gort: Mr. Chair? Ms. Mendez: -- for unsecured sites. Chair Russell: I'd like to open up for public comment. Is there anyone who'd like to speak on this item? Seeing none, I'll close public comment. Commissioner Gort. Vice Chair Gort: Mr. Chairman, let me tell you what my problem is. We have a lot of that within my area, and unfortunately, they keep staying open. They're laughing at us. I mean, I go to this one that is close to my house. I go by it every weekend, and they're open and operating every weekend, and we can't find ways to close them down. We can't find to do -- a way to do it. Chair Russell: Thank you. Commissioner Carollo: Commissioner, if you remember, back in the day when you and I served together, I had created a task force that we would go out every Friday and Saturday night, sometimes until 3, 5 in the morning. We had everybody you could think of in that task force within the City of Miami and outside of the City of Miami and agencies, and we shut down dozens upon dozens of -- Commissioner Reyes: Illegal bars. Commissioner Carollo: -- these illegal bars, lounges, illegal cafeterias serving alcohol, which, in effect, they were a front, so they could serve alcohol at night. And what I am seeing is that there's no will anymore in this City to take our streets back. People are being let to get away with pure -- whatever they want to do. In fact, I'm going to give you an example. About a month and a half ago, approximately or so, I found out by pure coincidence that in one illegal lounge, according to what the City has given me, we went there with Code, with Police, to inspect. And you know what we were told? "No, you're not going in. Get the (expletive) out of here." And that's exactly what we did. We put our tails between our legs, and we went out the door. And only until I found out about it, and I started inquiring, did we sent somebody back, and then what did we do? We gave a place that's probably making 15,000 or more or maybe 20,000 each Friday and Saturday evening a big old $500 fine, and they stayed open, and they're still open. City of Miami Page 258 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 Commissioner Reyes: Yep. Commissioner Carollo: I mean -- Chair Russell: Commissioner, can this count toward your discussion item on Code Enforcement? Commissioner Carollo: Only if you put it time certain for the next meeting, because I really -- Chair Russell: Oh, no. I was going to say, was this it? Commissioner Carollo: No, no, no, no. This is the resolution. He's asking; I'm answering. Chair Russell: No. You're welcome to continue your item, of course. Commissioner Carollo: Thank you. I know it's late. It's almost midnight, and I don't think none of you are in the mood to listen to what I'm going to show you. Commissioner Hardemon: Let's go visit one right now. That's where I want to go. Commissioner Carollo: Hey -- Chair Russell: Is there any further discussion on the resolution? Commissioner Carollo: -- I'm game, especially if you could bring momma; she knew how to do it from the old days. She wouldn't put up with something like that. Chair Russell: Hearing no further discussion on the resolution, I'd like to bring it to a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. City of Miami Page 259 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 NA.2 5464 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 FEBRUARY 14, 2019 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 CASE OF AIRBNB, INC., ET AL. V. CITY OF MIAMI, CASE NO. 2017-008999 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.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 KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY RACHEL DOOLEY. 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 Russell: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting on February 14, 2019, an attorney -client session, closed to the public, be held for purposes of discussing the pending litigation in the matter of Airbnb, Inc., et al. versus City of Miami, Case Number 2017-008999 CA 01, pending in the Circuit Court of the 11 th Judicial Circuit, in and for Miami -Dade County, Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or 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 Ken Russell, Vice Chairman Wifredo Gort, Commissioners Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager Emilio Gonzalez; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby City of Miami Page 260 Printed on 03/13/2019 City Commission Meeting Minutes January 24, 2019 ADJOURNMENT Min; Division Chief for General Litigation Christopher Green; and Assistant City Attorney, Rachel Dooley. A certified court reporter will be present to ensure that the City -- to ensure 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. Chair Russell: Are we done? And we are adjourned. Meeting was adjourned at 11:14 p.m. City of Miami Page 261 Printed on 03/13/2019