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HomeMy WebLinkAboutCC 2019-04-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 25, 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 April 25, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Reyes and Commissioner Hardemon. Absent: Commissioner Carollo On the 25th day of April 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 9:15 a.m., recessed at 11:13 a.m., reconvened at 2:19 p.m., and adjourned at 4:47p.m. Note for the Record: Commissioner Hardemon entered the Commission chambers at 9:26 a.m. ALSO PRESENT: Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, and welcome to the April 25 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; Wedo "Willy" Gort, the Vice Chairman; and me, Ken Russell, the Chair. Also on the dais are Mayor Francis Suarez; Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened by a prayer by Commissioner Gort, and then we'll say the pledge of allegiance. Please stand. Invocation and pledge of allegiance delivered. Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEM(S) PR -PRESENTATIONS AND PROCAMATIONS 5861 PROTOCOL ITEM Honoree Presenter Protocol Item National Community Development Week Mayor and Commission Proclamation Earth Day Mayor and Vice Chair Russell Proclamation Arbor Day Mayor and Vice Chair Russell Proclamation Mario Vallejo Mayor Proclamation Lazaro Abreu Mayor Proclamation RESULT: PRESENTED City of Miami Page 1 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 1) Mayor Suarez and Commissioners presented a Proclamation to pay tribute and celebrate the nationally observed National Community Development Week. The week of April 22-26, 2019 has been designated as National Community Development Week to recognize and celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program. Since 1975, the CDBG Program has provided annual funding and flexibility to local communities to provide affordable housing, a suitable living environment, and economic opportunities. Since 1992, the HOME Program has created and preserved affordable housing for low-income families and over the past five years, the City of Miami has received approximately $24,226,578 in CDBG funds and $13,972,301 in HOME funds. The City of Miami is committed to improving the quality of life of its residents through numerous initiatives such as affordable housing options. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Monday, April 22nd to Friday April 26th in the year 2019, "National Community Development Week" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to pay tribute and bring awareness about Earth Day. Earth Day was first adopted in 1970 by Senator Gaylord Nelson of Wisconsin, and is now an international event that aims to protect the natural environment by individuals, organizations and governments in the quest to overcome extraordinary environmental challenges. Earth Day helps demonstrate the support for the practice of conserving natural resources and promoting environmental awareness to the community. The Elected Leadership paused in their deliberations of governance and thereby proclaimed Thursday, April 25, 2019 as "Earth Day" in the City of Miami. 3) Mayor Suarez and Chair Russell presented a proclamation to pay tribute and bring awareness about Arbor Day. Arbor Day was established in 1872 by Nebraskan J. Sterling Morton, is now an international event that envisions the creation of a green society and fosters environment friendly initiatives that ensure livable communities for generations to come. Arbor Day calls attention to the importance of the tree as a renewable energy resource for wood, fuel, as a foil for erosion, a habitat for wildlife, and a natural canopy to moderate the temperature, enhance the vitality of our business areas, and beauty our community. In honor of National Arbor Day, the City of Miami has implemented the Miami Green Commission that encourages neighborhood groups and individuals to plant trees and, in so doing, improve the urban canopy, and supports the planting of over two hundred trees city-wide. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, April25`h, 2019 as `Arbor Day" in the City of Miami. 4) Mayor Suarez presented a Proclamation and a Key to the City to Mr. Mario Vallejo. Mr. Vallejo is a presenter and reporter of Univision for 22 years and is also an Emmy Award recipient. Mr. Vallejo has extensively reported the plight of the Venezuelan community, to the point of risking his life. During the news coverage held on February 23, 2019 in Cucuta; the Columbian -Venezuelan border, Mr. Vallejo was a victim of dangerous attacks where the paramilitaries deployed a hail of bullets and tear gas. For more than 12 hours he remained in the combat zone to report the suffering of the Venezuelan community alongside his cameraman and partner Mr. Lazaro Abreu. The Elected Leadership paused in their deliberations of governance to honor and pay tribute to Mr. Mario Vallejo for his accomplishments and thereby, proclaimed Thursday, April 25th, 2019 as `Mario Vallejo Day" in the City of Miami. 5) Mayor Suarez presented a Proclamation and the Key to the City to Mr. Lazaro Abreu. Mr. Abreu is the operator of cameras and cinematographer for more than 17 years with Univision and Telemundo. He is also the recipient of the Suncoast Regional Emmy Award. During the news coverage held on February 23, 2019 in Cucuta; the Columbian -Venezuelan border, Mr. Abreu was a victim of dangerous attacks where the paramilitaries deployed a hail of bullets and tear gas. For more than 12 hours he remained in the combat zone to capture the suffering of the Venezuelan community alongside his reporter partner Mr. Mario Vallejo. The Elected Leadership paused in their deliberations of governance to honor and pay tribute to Mr. Lazaro Abreu for his accomplishments and thereby, proclaimed Thursday, April 25, 2019 as "Lazaro Abreu Day" in the City of Miami. Chair Russell: We'll now make the presentations and proclamations. City of Miami Page 2 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 (Presentations and proclamations made) Later... Chair Russell: Moving to the SR (second reading) agenda. Mayor Francis Suarez: Mr. Chair, can I -- Chair Russell: Yes. Mayor Suarez: -- break one more time for this -- Chair Russell: Of course. Mr. Mayor. Mayor Suarez: -- last protocol item? Thank you. Commissioner Reyes: Let's have a 10-minute break. Mayor Suarez: Thank you. I think everyone should stand for this one, because this one is really special. Thank you, Mr. Chair, for letting me interrupt your proceedings yet again, but we are moving along. (Presentation and proclamation made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Feb 28, 2019 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: AM.1, the minutes from February 28, 2019. Could I get a motion approving those motions, please? Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner -- Vice Chair Gort: Second. Chair Russell: -- Reyes; seconded by Commissioner Gort. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That was AM.1. Thank you. ORDER OF THE DAY City of Miami Page 3 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Madam City Attorney, would you state the procedures? Victoria Mendez (City Attorney): Any person who is a lobbyist, including all paid persons or firms retained by a principal or 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 on 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 Code in writing. A copy of the Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission takes action, 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, or what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in 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 Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time the Administration will announce which items are either being withdrawn, deferred, or substituted. Thank you. Chair Russell: Mr. Manager. Joseph Napoli (Deputy City Manager): Good morning, 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: To be deferred, CA. 1. We need to do some more coordination with District 3 on this item. To be deferred, CA.1. To be deferred to May 9, CA.4. Chair Russell: Joe, is CA.1 to the same date? Mr. Napoli: Yes. Chair Russell: CA.1? City of Miami Page 4 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Napoli: Yes. Chair Russell: Got it. CA.4. Mr. Napoli: CA.4; to be deferred to May 9, CA.4. To be deferred to May 9, RE.6. Vice Chair Gort: (UNINTELLIGIBLE). Mr. Napoli: RE.6. Vice Chair Gort: Oh, RE.6. Mr. Napoli: Yes. To be deferred to May 9, RE.6. To be deferred -- we don't have a date certain -- FR.1. Commissioner Hardemon: I have some dates. So FR.1, FR.2 -- Mr. Napoli: Right. Commissioner Hardemon: -- I have some dates, so I'll do the -- my motion. Mr. Napoli: Okay. Thank you. So FR.1 and FR.2 will be deferred. And to be withdrawn, AC.1, Attorney -Client Session 1. Chair Russell: Is that all, Joe? Mr. Napoli: That's it, Mr. Chairman. Chair Russell: Thank you. Is there anything that the members of the Commission would like to see deferred or continued, withdrawn? Commissioner Hardemon: Yes. Chair Russell: Commissioner. Commissioner Hardemon: Mr. Chairman, CA.2 -- I'd like to have CA.2, FR.1 and FR.2 deferred to June 27; the June 27 meeting. CA.2, FR.1, and FR.2. That is quite possibly the worst ring tone -- Chair Russell: Phone ringer. Commissioner Hardemon: -- I've ever heard in my life. Chair Russell: You got the Sergeant -at -Arms on edge here. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Yeah. Commissioner Hardemon: One second. Also, I want to announce my intention to defer to the June 27 meeting the -- PZ.12, 13, and 14. Well, I'm sorry. Yeah, 11, 12, and 13. So that's just for knowledge, so that there's notice. Chair Russell: Got it. Commissioners Reyes and Gort. Commissioner Hardemon: And 11, 12, and 13. And then -- yeah. City of Miami Page 5 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: I need some clarification. RE.2 has been withdrawn or deferred? Chair Russell: No. RE.2 has not been discussed yet. Commissioner Reyes: It has been not discussed yet? Well, I'm going to bring it up for discussion anyways, because I have some questions about it, and I would love to - - I would like to defer it, because we need more information, and some criteria by which we will be able to maintain or punish those people -- those companies that they are not doing -- performing a job that we are paying them to do. They're not doing it to standards. We have to develop some standards so that they perform the job right. I had bad experiences with a couple of them, and I want to make sure that the Commission and the Administration knows about it, and I want you to develop criteria to maintain them or to kick them out of our list. Chair Russell: But for now, you'd like to see a deferral of RE.2 to what date? Commissioner Reyes: I don't know. Whenever the Administration is ready to sit down and develop criteria by which we are going to grade those -- some grading system, or either that we are going to determine if they are worthy of keeping in our list as engineers or advisors, or whatever they are. Chair Russell: How much time do you need, Joe? Mr. Napoli: We can do it by May 23, the last meeting in May. We could possibly have it by next meeting, but I'll say May 23, just so that we have a time to consult. Chair Russell: Commissioner Gort, you have a comment? Commissioner Reyes: Mr. Napoli, I want to know if you understand my concern, if you understand my concern; that I had a very bad experience on some of the streets that I had been -- the design has been bad, and we have to spend additional time and money fixing the bad designs, you see; streets that they -- after they finish, they are not up to what I believe that our people deserve, because they are paying for it, you see? And I want to make sure that whoever works for the City of Miami do the work that they're being paid to do. Mr. Napoli: Okay, Commissioner. We'll discuss a criteria with you -- Commissioner Reyes: Absolutely. Mr. Napoli: -- in the May 23 meeting. Commissioner Reyes: Absolutely. So I would like to do that. Mr. Napoli: Right. Chair Russell: May 23. Commissioner Gort. Vice Chair Gort: RE.13 [sic], I don't like to defer that. I mean, PZ.13. Commissioner Hardemon: PZ.13? Chair Russell: PZ (Planning and Zoning) -- City of Miami Page 6 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: Wait. Wait, wait. Maybe I'm looking at the wrong one; let me check. Vice Chair Gort: Yeah. Commissioner Hardemon: Let me check. Chair Russell: 11, 12 and 13 is the Produce SAP (Special Area Plan). Commissioner Hardemon: Okay. I'm incorrect. Chair Russell: That's not what you meant. Commissioner Hardemon: I apologize. I'm supposed to be looking at -- The items for -- because I don't have it right in front of me; it doesn't say it; I have to look through this. -- for Liberty Square. Chair Russell: Liberty Square is 2 -- 3, 4, 5, and 6. Commissioner Hardemon: That's what I intend. That's what I meant -- Commissioner Reyes: I -- Commissioner Hardemon: -- 3, 4, 5, and 6, not -- Commissioner Reyes: 3, 4, 5, 6. Commissioner Hardemon: --11, 12, 13. Mayor Francis Suarez: That's what I was wondering when you said -- Commissioner Hardemon: I apologize. Mayor Suarez: -- that other one. I said, "Uh-oh." Commissioner Hardemon: No, no, no, no, no; 3, 4, 5, and 6. Mayor Suarez: So it's not 11, 12, and 13, just to clarify? Commissioner Hardemon: It is not 11, 12, and 13. Mayor Suarez: It's 3, 4, 5, and 6. Commissioner Hardemon: I didn't -- 21st Street. I missed that. Chair Russell: Thank you, Commissioner Gort, for catching that. Mayor Suarez: Yeah, yeah, yeah. No. I was like, "Uh-oh. This is not going to be fun in the afternoon." Commissioner Hardemon: No. I said -- Commissioner Reyes: Mr. Chair -- Commissioner Hardemon: -- (UNINTELLIGIBLE) of the address. City of Miami Page 7 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: -- I also want to co-sponsor the RE.5, Stingaree Boulevard. That's my alma mater, too. Mayor Suarez: I would like to co-sponsor it. It's not my alma mater, but I want to co-sponsor it, too. Commissioner Reyes: Okay. Chair Russell: Clerk will note that for the record. Commissioner Carollo is not with us, unfortunately. I don't think he's feeling well, but his chief has sent through a list of requests for deferral, some of which we've already addressed; CA.1; RE.7, which we haven't mentioned -- that's the FEC (Florida East Coast) Slip issue -- as well as RE.9; also the FEC Slip issue. Commissioner Hardemon: Does he want to continue it just to the next meeting? Chair Russell: Mr. Clerk. Todd B. Hannon (City Clerk): The request was to defer RE.7 and RE.9 to the first meeting in May, May 9. Mayor Suarez: May 9. Chair Russell: Yes. And then for information for later at 2 p.m., to be done officially, he's looking for PZs.1 and 2 to be continued to the next like meeting, if I'm not mistaken. Commissioner Reyes: PZ.1 and 2 are continued? Chair Russell: 1 and 2. Commissioner Reyes: Okay. Chair Russell: All right, gentlemen, I think we're done. Let's go home. Commissioner Reyes: Yeah. I mean, what are we doing here? Chair Russell: Just a moment of recognition. I want to welcome our former Commissioner, Marc Sarnoff, who's in the chambers with us. Good morning. Are there any other items? Do we need it read back, or is everyone clear? Mr. Clerk. Mr. Hannon: If it's okay, I'd like to read the entire list. Chair Russell: Go ahead. Mr. Hannon: Thank you. To defer to May 9, CA.1; to defer to May 9, CA. 4; to defer to May 9, RE.6; to defer to June 27, FR.1; to defer to June 27, FR.2; AC.1 will be withdrawn; to defer to June 27, CA.2. An announcement was made by Commissioner Hardemon regarding PZ Items 3, 4, 5, and 6 will be deferred to June 27; to continue to May 23, RE.2; to defer to May 9, RE.7; to defer to May 9, RE.9. Mayor Suarez: Mr. Chair? Chair Russell: And -- Yes. Commissioner Hardemon: I want to amend -- if I may, I can amend the motion to exclude CA.2 from that -- from this motion. City of Miami Page 8 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mayor Suarez: We table it for now. Commissioner Hardemon: Okay? Mayor Suarez: We're going to table CA.2. Chair Russell: So we may take it up later today? Mayor Suarez: We might. We might -- Commissioner Hardemon: Right. Mayor Suarez: -- depending on -- Chair Russell: Okay. So removing -- Commissioner Hardemon: So CA.2 will not -- Chair Russell: -- CA.2 from the deferral request. And then for my side, it's for the afternoon agenda, but I would just like to get the temperature of the dais so that the stakeholders know where we're heading. PZ.15 is the Playhouse issue. I'll be seeking a deferral on this, primarily based on a request from Congresswoman Frederica Wilson. There's a letter that I believe each of you should have. And I just want to get the temperature of the dais, if we're open to this deferral. How are we feeling? Vice Chair Gort: You know, we've been working on this -- I think it's about 20 years, and the problem that you have, there's a lot of need to do something there; either make something happen or raise the money that they committed to raise two years ago, so this is my problem. It's not my district; it's your district, and I'll respect your wish, but the -- if you'd like to defer it, I don't have any problem with that, but something needs to be done, because right now, my understanding is, a lot of the employees and the people that work there -- the businesses, they have the need for the garage, and they have something that they want to do there. So somehow, something's got to be done there. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: Yeah. I just want to chime in on one aspect of what Commissioner Gort said. I think, irrespective of what happens with the playhouse, we need to get the garage going. The Grove needs a garage, and we have the money for the garage, and that's something that can be bifurcated from -- whether, you know, what plan of the playhouse we ultimately, as a Commission, decide to approve, but certainly, I think we should, at the very minimum, get the garage going, because we have the money for that. Commissioner Reyes: Mr. Mayor? Mayor Suarez: Yeah. Commissioner Reyes: And just for my information, but the garage and the playhouse, they are not tied by the hip, right? Mayor Suarez: Correct. City of Miami Page 9 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: I mean, they can -- they are totally independent -- Mayor Suarez: Correct. Commissioner Reyes: -- of each other? Chair Russell: Yeah. Mayor Suarez: Correct. Commissioner Reyes: I mean, no, no. What I'm saying is, I mean, the -- we can start the garage -- Mayor Suarez: I believe so. Commissioner Reyes: -- without doing anything with --? Mayor Suarez: I believe we can. Commissioner Reyes: Okay. I want to make sure. Mayor Suarez: Yeah. Commissioner Reyes: And also -- and on that subject, I don't know if, out of courtesy or what we -- if you decide to defer this, but you'll have to inform the people from the County that -- Mayor Suarez: Sure. Commissioner Reyes: -- they're going to be here. Chair Russell: And that's why I wanted to get a temperature this morning -- Commissioner Reyes: You see, because -- Chair Russell: --from this dais. Commissioner Reyes: -- we should -- I think the Mayor is -- was coming, and I don't know. Unidentified Speaker: (UNINTELLIGIBLE)? Chair Russell: Yes. Commissioner Reyes: Yes, please. This is the man that could clarify it, if we can start the garage without it. Chair Russell: Good morning. Just a moment, please. Mayor Suarez: Click the -- Arthur Noriega: Just for clarity, we cannot bifurcate the two. Commissioner Reyes: Okay. City of Miami Page 10 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Noriega: As of right now, we can't; they're tied together. It's one lease; State of Florida controls that. That would require an amendment of the lease with the State of Florida. It requires a lot more work. Right now, we couldn't bifurcate it if we wanted to. Mayor Suarez: Wait. Mr. Noriega: I just want to make that -- Mayor Suarez: Let me just -- Chair Russell: Right, the way it stands. Mr. Mayor. Mayor Suarez: Let me just clarify what -- the clarification. You can bifurcate them. Under the current construct that we have, we cannot, but we could go through the process -- Commissioner Reyes: Modem. Mayor Suarez: -- to bifurcate. Commissioner Reyes: Modify, too. Mayor Suarez: Right. My point is that -- to Commissioner Gort's point, rather than do nothing -- Commissioner Reyes: Yes. Mayor Suarez: -- right? -- I think, if we could bifurcate it and get something started, I think the community would be very appreciative that we're moving the ball forward while we discuss and debate other aspects of it. Commissioner Reyes: I have nothing against that. How do you feel about that, Mr. Chairman? Chair Russell: Yes. That was an ask of mine about -- probably just on a year ago, hoping that -- Commissioner Reyes: Yes. Chair Russell: -- that was part of a compromise we could work out, to at least move forward on where we do agree. But this is a quasi-judicial issue. It is slated for this afternoon. We can only take official action this afternoon. The Congresswoman has asked, as the Chair of the Bahamian Heritage Initiative, as well as this being on the National Register, to have a little more time to study it, and be able to present or weigh in on it, one way or the other, so I'd like to honor that. I just want to see if the votes will be here this afternoon for deferral; the County will come. I'm sure they will ask to move forward; they may or may not, but I just wanted to see where the temperature of this dais was at this time. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon: Would you like a continuance? Chair Russell: I would. City of Miami Page 11 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: Then I will vote for a continuance. Chair Russell: Thank you very much. So that's just for notification for the public, for the County as well, that that is where we're heading. Of course, the official vote happens at -- not before 2 p.m., as well as for the other PZ items that were mentioned this morning, but beyond that, I think we have a clear list now of everything, except for CA.2, which was on the original list you said. Commissioner Reyes: Mr. Chair, so we are going to continue the Playhouse? Mayor Suarez: Yeah. You have to vote on that, too. Commissioner Reyes: Okay, okay. Mayor Suarez: But yes, that's what it seems like. Chair Russell: Yes. And we got Commissioner Carollo's items recognized for deferral and continuance, as well. So is there any further discussion? Commissioner Hardemon: One last thing. Mr. Mayor, did we clarify that the -- CA.2 can be continued, but it's just to the next meeting? Is that what it is? Mayor Suarez: Right, deferred to the next meeting. So CA.2 -- Chair Russell: Oh. Mayor Suarez: -- just for clarification on the record, will be deferred, but not till June; it'll be deferred to the next meeting, and then we'll decide whether we defer it further. Chair Russell: I misunderstood. I thought you said you wanted to table it for today. Mayor Suarez: I -- we were, but we -- Chair Russell: Oh, okay. Mayor Suarez: -- spoke and we (UNINTELLIGIBLE). Chair Russell: So we're adding back in CA.2, and you have a date. Victoria Mendez (City Attorney): So just to -- Commissioner Reyes: I have a comment on CA.2. I'm more than glad to cede one of my trolleys to my fellow Commissioner, but as I was -- because this is what's happening. We are taking trolleys from ones that are established, but I had a request yesterday that, when we met with the Administration, that during peak hours, there is always -- in Flagami, we have five trolleys; one is always on standby in case one of them break -- that to make sure that on peak hours, we don't have anyone on standby. I mean, instead of having five, we're going to have four, but one's going to be on standby. What I want to do is that during peak hours, that the four -- Mayor Suarez: Four of them are available. Commissioner Reyes: -- trolleys be working in Flagami. Mayor Suarez: Mr. Chair? City of Miami Page 12 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Mr. Mayor. Mayor Suarez: I just heard -- Commissioner Reyes: (UNINTELLIGIBLE) is the one that -- he doesn't know how to Mayor Suarez: Say "no." He agrees to that. We agree. But I would just say that, you know, another thing that we may want to look at in moving forward -- and I may just bring a discussion item on it -- is the possibility of us not owning all our trolleys, but leasing some of them from the vendor itself -- Commissioner Reyes: Yes. Mayor Suarez: -- so that we can be flexible on our operational needs. Commissioner Reyes: That's right. And I want to make sure -- and I mean, I want you to understand, it's not that I don't -- I want to keep all the trolleys. I'm more than glad that -- also that there is another area that needs it, and -- Mayor Suarez: Agreed. Commissioner Reyes: -- that they can use it, but on peak hours, I would like to keep the full force of trolleys. Chair Russell: Thank you. Commissioner Reyes: Only in peak hours. Chair Russell: Commissioner Gort. Vice Chair Gort: The one thing I ask is to them to do a study, an analysis; a professional study how to set up the routes, so they can serve everything. Commissioner Reyes: That's right. Vice Chair Gort: Because one of the biggest problem that we have in the City of Miami, we forget there's another city north of Flagler, and -- which they needs the service just as much. And we needed to really get a professional to sit down -- because unfortunately, those routes were picked up by politicians, by us, and we're not a professional of that. I have a degree on transportation, but that's not my thing to do. So I think that we should come up with a plan that will benefit the whole City. Commissioner Reyes: Yes. And -- Chair Russell: Let's speak one at a time. Commissioner Reyes and then -- Commissioner Reyes: I'm going to add to what Commissioner Gort saying. And particularly in Flagami, I want an analysis of -- if that is the right route, or if we can increase ridership by going some (UNINTELLIGIBLE). Mr. Napoli: Mr. Chairman, we currently are conducting with an outside consultant an efficiency of our trolley routes right now. Commissioner Reyes: Okay. City of Miami Page 13 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you very much. Vice Chair Gort: And that's why I'm sure that vendors is [sic] willing to give us more, and so on. Commissioner Reyes: They're going to donate one, right? Chair Russell: All right. Let's vote on the order of the day. All in favor -- Mr. Hannon: Apologies, Chair. Chair Russell: Yes. Mr. Hannon: Commissioner Carollo would also like to defer to the May 9 meeting Discussion Item DL2, and his District Item D3.1, to May 9. Chair Russell: DL2 -- Vice Chair Gort: Move it. Chair Russell: -- on the City Manager, D3.9 [sic]. We have a motion on the order of the day. Commissioner Hardemon: Second it. Chair Russell: It's been seconded by Commissioner Hardemon. Is there any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. We will have a nice, efficient meeting, and an early lunch, and then we can spend a lot of time on the remaining Planning & Zoning agenda items. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: Mr. Mayor, would you like to address the dais? Mayor Francis Suarez: Thank you. This will be short, because there is not much left on the agenda. But I want to first begin by recognizing members of the MCPBA (Miami Community Police Benevolent Association), who are near here; newly - elected members who will be speaking and introducing themselves to the City Commission: Sergeant Lindsay, Jean-Poix; and Ramon Carr, whose wife is also a major and is, as I understand it, the boss of the family; we get it. And I'd also like to address RE.8, which urges the Commission to urge the Legislature to implement salary adjustments for the State Attorney's Office and the Public Defender's Office. As my colleagues know, a public service requires sacrifice and commitment, and the employees of the State Attorney's Office and Public Defender's Office -- two of which former colleagues, by the way, we have here on our dais -- know this firsthand, as well. These dedicated men and women work very long hours, and endure the stress of the criminal court system in the name of justice. However, this remarkable responsibility is not being reciprocated in the form of good pay, leaving them financially overburdened. Heavy student law school debt and high cost of living become the tipping point. The City of Miami is the seventh least affordable City of Miami Page 14 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 metro area in the world, with six out of 10 adults spending over 30 percent of their income on housing. This proves that affordability and livability, two of my highest quality of life priorities, can affect anyone, regardless of their background or education level. To offset this, we must unite behind RE.8, and urge the State Legislature to supplement employee pay at the State Attorney's and Public Defender's Offices for the Eleventh Judicial Circuit of Florida. Not doing so can have significant consequences; not just for the morale of these dedicated staff attorneys, but for our judicial system, as well. Over the past year, each office has lost nearly a quarter of its lawyers, many leaving to private firms for better salaries. This decision by the State can determine the future of our community's judicial system and who represents it, both now and in the future. So I would respectfully request that the Commission pass RE.8. Thank you. Commissioner Reyes: Mr. Mayor -- Mayor Suarez: Yes, sir. Commissioner Reyes: -- and through the Chair, I support this. I mean, I'm in total agreement with what you said, but do we still -- are on time? Because the budget has been already passed, I think; the State budget. Mayor Suarez: I think this is a resolution supporting the principle. This is -- Commissioner Reyes: The principle, yes, but -- and if we don't get any action this year, I'm going to request that you present it next year -- Mayor Suarez: Yes. Commissioner Reyes: -- before the session start, so we can get some positive action, because I think it's a little bit too late now. Mayor Suarez: And I -- Commissioner Reyes: I don't know; I hope not. Mayor Suarez: -- would agree with you. I got this request late -- mid -session. I would normally -- I would agree with you that I think, normally, to get some legislation accomplished, you need to utilize what I call the "offseason," the 10 months -- Commissioner Reyes: Yes. Mayor Suarez: -- where there isn't a session to find a sponsor and get a bill going. So I know you know that very well. And so, what I would ask is, to the extent that there needs to be an amendment -- is there any amendment needed to make sure that this carries over into the next session of the reso? Victoria Mendez (City Attorney): Yes. We would have to add a "whereas" for this to be on the legislative -- our legislative priorities. Mayor Suarez: I would accept that as a friendly amendment that it be on the next legislative session, and that we work to find a bill sponsor for that. Commissioner Reyes: Absolutely, absolutely. Commissioner Hardemon: Good morning, Chief Colina. City of Miami Page 15 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Thank you, Mr. Mayor. Chair Russell: You're recognized. Chief Jorge Colina (City of Miami): Thank you, sir. I just wanted to comment real quick on RE.8, and the importance of this, and the support that we should be providing, as someone who's been in law enforcement for almost 30 years. The amount of work that our Public Defenders do and our State Attorney's Office to bring justice to families, and to properly represent people that have been arrested for crimes -- because it works on both sides. Ultimately, we want justice for everyone -- it is imperative that as a city, we show support. The Public Defender's Office and the State Attorney's Office, they're public servants, just like we are in law enforcement, and oftentimes, they're not recognized as such. I would urge this Commission to please support that they get the money that they need to be able to survive, because we lose the very best and brightest all the time in both those offices. And I think, as a city, we should show that we appreciate them, and we recognize the hard work that they do and the service that they provide every day. Mayor Suarez: And I would just say, Mr. Chair, if I may; just chime back. Chair Russell: Of course. Mayor Suarez: Thank you, Chief. Our City Attorney, who's an alumnus of the State Attorney's Office, just reminded me that our State Attorney is still pushing for it in this legislative session. Our City Manager today is meeting with the Speaker of the House and potentially the future Chair of Appropriations. So I will send him a text message and ask him to incorporate that into his discussions with the Speaker, and hopefully, Representative Avila, which I hear is going to be the next Appropriations Chair, potentially, will take this on as one of his bills. Thank you. Chair Russell: Thank you, Mr. Mayor. Later... Chair Russell: Now we'll open the floor for public comment. Anyone who would like to address this body, please approach either of the lecterns. If there's several people, just use both of them, and we'll alternate. You have two minutes to speak on any topic that's on our agenda. Please let us know your name; you're welcomed to give us your address, if you like; and as a courtesy, if you could let us know which item you're speaking on, that'll help us keep track. So good morning and welcome. Joyce Frohman: Thank you, Chairman. Good morning, everybody. My name is Joyce Frohman. I own a business in Wynwood, named Fundamentals, and I'm here to request support for FR.3, which is related to a refund for impacts [sic] fees -- by the City to approve the refund of impacts [sic] fees and connection fees to business owner who pay for this. This is a program that was implemented by the Enterprise Zone. There is no fiscal impact to the City of Miami. All we need as business owners is for an approval, and the Enterprise Zones [sic] would help us. My business, I am a small business. I own a family entertainment center. I personally have been hurt financially a lot, because of the impact fees. I'm not Chuck E Cheese. I'm not a Dave & Busters. I'm a woman who came here with a dream and has been suffering financially because of these impact fees, and there is no reason that this -- that -- why we should as business owners, should be denied this. Furthermore, I want to let you know that my business is the only business in Wynwood that has provide any sort of entertainment for kids. Besides art and restaurants, Wynwood has not provided anything for kids. So now you're building condominiums, and you have nothing for families to do; I provide that. I help Overtown Youth Center City of Miami Page 16 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 children to come to my place for free. I have supported the homeless shelter children to come. Yesterday, I hosted the Lotus House in my event, and many of these kids were -- never ever been close to Disney World, to Miami Beach. I am as close as they get. So this ordinance will not benefit me only, but every owner in Wynwood and in the Enterprise Zone. So I request your help. Chair Russell: Thank you. I have a question for you, and certainly, small business and entrepreneurial spirit is the backbone of the City. It really supports a big portion of our community. Tell me, a small business your size, what are you looking at in in terms of those sorts of fees? And what we're talking about is the water and sewer hookup fees, right? Ms. Frohman: Correct. Chair Russell: A per -- Yeah. Ms. Frohman: So in my end, for instance, when I find out about my impact fees, I had -- I rented a warehouse, and I went to open this business. I was not only requested to pay the impact fees, which were about $200,000, including the connection fee, but I was always required to open the street and change the water pipes from eight inches to 12 for one and a half block, and it was very complicated to try to explain to WASA (Water and Sewer Authority) that we were not going to hurt - - and DERM (Department of Environmental Resource Management) -- we were not going to hurt their business with a little size kitchen that we have in our restaurant. So I found it completely unfair to make small businesses pay for something that is --- big businesses not pay for. I am located across the street from the cement factory, and they use a lot more water than I use; I can guarantee you. So I'm here, and I have asked Commissioner Hardemon to support me, to put this item on the agenda, because I work very hard, not for Wynwood; I work for Overtown. Vice Chair Gort: Thank you. Ms. Frohman: I work for everybody in downtown, and for every other business around to help our children's community. And I work with every school, and my business have provided "Students of the Month Program" to all these schools that are public and don't have the resources to ever come visit us. Chair Russell: Thank you. Thank you for coming, and thank you for letting us know. Commissioner Reyes: Mr. Chair. Chair Russell: Commissioner Reyes. Commissioner Reyes: Just in order to clarify this, and excuse my ignorance, but who is the one that set the fees? Is that the City of Miami or it is Water and Sewer? Chair Russell: Joe, are you able to answer that? Commissioner Reyes: The impact fees that this lady is being charged is set by whom, the amount? Ms. Frohman: You have to pay impact fees for connection fee. You have to pay it in the City of Miami and in Dade County, and in both when you're going to get permits to do construction or to open a business or change a use. Vice Chair Gort: Let's let the attorney answer, or somebody from staff. City of Miami Page 17 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Somebody from staff. Vice Chair Gort: And now -- Chair Russell: If not prepared, we can take it up during the item -- Vice Chair Gort: Yeah. Chair Russell: -- because we'll be addressing this for sure. Vice Chair Gort: We'll bring it up, yes. Commissioner Reyes: We'll bring it up, because -- Vice Chair Gort: We'll discuss it. Chair Russell: We'll pull the item and (UNINTELLIGIBLE). Commissioner Reyes: And I noticed, Mr. Chair, your concern also about small businesses. Well, small business is the backbone of our economy -- Ms. Frohman: Let me just be clear. Commissioner Reyes: -- and we have to protect them. Ms. Frohman: Thank you. This is a refund that we're asking. I was already refunded my impacts [sic] fees by Dade County, because it's an ordinance that was established years ago. The City of Miami has not adopted it, and I want to clam that there's no impact fee -- financial impact fee to the City, because this is -- this refund comes from the Florida Enterprise Zone, so please. Commissioner Reyes: Well, even if it is fees that we are not receiving, I think that we have to be very favorable of small businesses -- Ms. Frohman: Thank you. Commissioner Reyes: -- and we have to do everything that is possible to help anybody that wants to salvage a small business in the City of Miami, that they be capable of doing it. Ms. Frohman: Thank you. Commissioner Reyes: Okay. Ms. Frohman: Thank you. Chair Russell: Thank you very much. Ms. Frohman: Thank you. Chair Russell: Is there anyone else here who would like to speak on public comment? Please come up to the lecterns at this time and just wait; that way, we can get right to you. Brenda Betancourt: Good morning. Chair Russell: Good morning. City of Miami Page 18 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street, Miami, Florida 33135. I just want to actually be in favor of RE.8. I think the State Attorney need more than just a raise. I think that we, as a community, need to understand our rights, but our -- what we need to do, as well, because we have to help the State Attorney. It's not just on crimes, but in all the programs that they create in -- The State Attorney create a program against bullying for kids that most people don't understand, but middle and high school does the most danger zone for our kids who get bullied, and the State Attorney have a program that you can ask them to take you to all the middle and high schools that was created couple years back for an event that happened in Coral Gables with a child. So it's the attorneys, not just about the law and criminals. It's about a lot other -- different services it provide to the community, and as much as we wish not to increase salary for people, because it's more taxes, but it's necessary for them, because their life is hard, and we have to pay our bills; and as well, that they do provide the service for all of us. It's very important for us to be able to take care of them, as well, as an employee. I want to support the P -- I know PZ is going to be in the afternoon, but I just want to make sure that I express my support with all the changes we're doing to Miami 21. For all those developer who actually pay for the land for them to build, not that we giving it to them, so those who actually paying for the land to build and the City help them -- because we have seen the increase of construction in Little Havana. Instead of be having an empty lot with all the homeless, that we still hasn't be able to fix that lot that prohibit the police to take care of the homeless who do crimes in our City. So it's very important for us to do the changes, to help those developer who actually put the money in buying the lot to build. So to -- I know that sometimes we complains about building next to our home, but it's better to have a building than to have an empty lot with homeless on it. Thank you. Chair Russell: Thank you very much. Good morning. Angela de Cespedes: Good morning, Mr. Chair. Good morning, Mr. Mayor, and Commissioners Reyes, Carollo -- to the extent that he's listening from somewhere -- Commissioner Gort, Hardemon; and also, good morning to the City Attorney, Ms. Mendez; Mr. Gonzalez, and Mr. Hannon, and the staff as well. My name is Angela de Cespedes, and I am a litigation partner at the law firm of Shutts and Bowen, and I'm here speak to you about RE.3. My firm has submitted a proposal to represent the City and assist them in negotiation of the ground lease for what will be Freedom Park. I hope that all of you have had a chance to review that proposal. To the extent that you do not have a copy and you need one, I have extras with me, so please just let me know. I want to cut to the chase, because I know we don't have a lot of time, and you might be asking yourselves, "Why is a litigation partner standing here talking to us about a real estate deal, a ground lease for Freedom Park?" And in a nutshell, I love this City. I was born and I was raised here. I'm a Cuban - American. I have young children that I'm raising here that are attending our public schools. They play golf. They play baseball. They play soccer. I'm passionate about the law, the importance of loyalty, and I'm a fan of doing things the right way right out of the gate. I started my career in New York; almost 20 years ago in Miami -based Greenberg Traurig. I spent almost 15 years at Miami -based Akerman. And about a year ago, I moved my practice to Shutts and Bowen, which is the first and oldest law firm in Miami; also Miami -based, with offices only in Florida. As a young associate here in Miami, I represented several municipalities, the City of Miami being one, Coral Gables, Hialeah; their police officers and their cities. Hialeah obviously was always, you know, the most interesting and fun. Now I represent professional sports teams, like the Miami Dolphins; professional sports leagues, like the NFL (National Football League); professional stadiums, like that of Hard Rock, and all of its associated facilities. I also represent universities, like the University of Miami; hotel chains on an international level, both on the operator City of Miami Page 19 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 side and the owner side; Marriott, Kempton, Starwood; some of the Disney hotels. I handle crisis management for those clients, and they hire me to prevent litigation in many cases. And when I can't prevent it, I defend them vigorously. And while I may not look like it, like I said, I've been doing it for 20 years, and I know what works, what doesn't work, and I have the operational wherewithal to know what a facility like Freedom Park needs to be successful. I anticipate worst -case scenarios, and I do my best to prevent them from ever happening. I chose Shutts a year ago, because it is a true full -service Miami firm. It has the knowledge and the expertise you require to assist you in the negotiation of the ground lease for Freedom Park; 300 lawyers throughout the State of Florida; 67 real estate professionals, 37 of which call South Florida home. We've negotiated hundreds of ground lease deals, public and private. Some of the most notable that you may recognize, Jungle Island, the Datran Center, the YMCA (Young Men Christian Association) of South Florida. And because soccer is new to Miami and an international sport on an international stage, we've also brought a team of experts globally from some of our affiliate firms throughout the world and country. I worked closely with those firms for over 10 years. They've handled dozens, dozens of leasing and development deals, specifically in the soccer and sports arena, and you'll see in the materials that we provided to you that we've actually mentioned about 14 of the most notable and relevant for your review. We have the opportunity to work together with all of you as a team to realize this project, the soccer stadium and the surrounding facilities. The legal team that we are proposing will help maximize dollars for the City with a focus on creative revenue capture for the benefit of the City and its residents. Chair Russell: Thank you very much. Ms. de Cespedes: Yeah. Commissioner Hardemon: Mr. Chair? Chair Russell: Your time is up. If we take up the item at that point, there may be questions from the Commission, but I do understand Commissioner Reyes. Commissioner Reyes: That's right. Chair Russell: (UNINTELLIGIBLE). Later... Chair Russell: Is there anyone else who'd like to address this dais regarding any item on this agenda? Steven Zellcowitz: Yes, Mr. Chairman. My name is Steve Zellcowitz. I'd just like to say good morning to the Commissioners. Chair Russell: Lift the mike, please. Mr. Zellcowitz: Thank you -- Chair Russell: Thank you. Mr. Zellcowitz: -- Mr. Chairman. The Commissioners, the Clerk's Office, City Attorney's Office, the Mayor. I'm also here on RE.3, just briefly. I'm the managing partner of the Miami office of Fox Rothschild. I previously represented the City on the global agreement, which, as you all know, is the agreement that put together the Performing Arts Center, the Port Tunnel, the baseball stadium, and some of your other major projects. I personally negotiate and draft these documents. My firm has City of Miami Page 20 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 over 900 attorneys nationwide. We typically represent people and cities in sports arenas and stadium transactions, such as the one you're proposing. So I know you've heard it; I know you're going to hear it. I just want to let you know we're here. We're very interested in this project, and we feel that we are uniquely qualified to represent the City in this new project. So thank you very much. I'll see you back - Chair Russell: Did we get your name? Mr. Zellcowitz: Steven -- Chair Russell: Yes, we did. Thank you. Mr. Zellcowitz: -- Zellcowitz. Chair Russell: You did say that. Thank you very much. Mr. Zellcowitz: Thank you. All righty. Thank you very much. Chair Russell: Before we close public comment, is there anyone else who'd like to address this dais on the agenda? Seeing no one else, I'll close the public comment, and we'll take up the business of the day. Leonie Hermantin: Chairman, I have a comment. Chair Russell: Yes, please. You're welcome. Good morning. Ms. Hermantin: Good morning. Good morning. My name is Leoni Hermantin, and I represent Concerned Leaders of Little Haiti, and I'm speaking with regards to the Little Haiti Revitalization Trust. Again, I thank Commissioner Hardemon for having taken this initiative, but I will respectfully say that we have looked at it, and we have some concerns, and we would like to again, respectfully, ask that -- oops, sorry -- it be amended or changed to reflect some of you know, the desires of the community -- some members of the community, but to great Concern Leaders. We would like the terms to be extended from two years to four years. We feel that it's not sufficient, particularly when it's such a new venture, a new initiative. Two years are not -- just not enough for board members to understand what's at stake and really plan and implement their actions. We also feel that the public notice requirement, that it be in newspapers. Only is a bid outdated and does not really reflect the ways in which our community gets information. And so, we would -- we've submitted our proposed changes to your office, and would again ask you to consider some of these changes, including the selection process, as well as the way that the information is noticed to the community. Chair Russell: Thank you for your comments. Ms. Hermantin: Thank you. 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.) City of Miami Page 21 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 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 22 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 5773 A PERSONAL APPEARANCE BY THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION (MCPBA) ADDRESSING AN ISSUE CONCERNING THE MIAMI POLICE TRAINING ACADEMY. r. RESULT: DISCUSSED Note for the Record: For directive regarding Item PA.1, please see Item NA.1. For additional minutes referencing Item PA.1, please see "Public Comment Period for Regular Items." Chair Russell: We'll now open the floor for public comment. Does -- anyone here who'd like to speak on any of the morning's agenda items; many of which have been deferred or continued or even withdrawn, but there still is some business to attend. If there's anyone here from the public who'd like to speak on our agenda, please approach the lectern. Commissioner Hardemon: You forgot the PA (Personal Appearance). Chair Russell: I'm sorry? Commissioner Hardemon: The PA. Chair Russell: Oh, I apologize. Should we do that before public comment? Let's -- I'm sorry. We have some -- we have a public -- a personal appearance for the Miami Community Police Benevolent Association. I'd like to give them the floor before we move to public comment, and then we'll move forward with the agenda. Good morning, gentlemen. Stanley Jean-Poix: Greetings, Honorable Commission, Mr. Mayor, City Manager, City Attorney, City Clerk. Thank you for having us here today. In addition, I would like to acknowledge any City of Miami Police staff members that may be present in the audience, and also my executive board members that are here with me today. My name is Stanley Jean-Poix, and I am the current President of the Miami Community Police Benevolent Association, also known as the MCPBA. Our purpose here today is to provide you with a brief synopsis, a better understanding of our organization, and to let you know the relevance of the MCPBA for today. The MCPBA was founded in 1946 during the Jim Crow era in Miami. The founders were two black patrolmen; Officer Isaac Davis and Officer Ralph White, who, by the way, was hired two years prior as one of the first five black officers, in 1944. Racial segregation extended every facet of black life in Miami at that time. The City of Miami Police Department was a microcosm of the greater community. Black officers were treated as second-class citizens and had many restrictions. For instance, black officers were called "patrolmen," not "policemen." Black patrolmen had to patrol black areas -- West Coconut Grove, Overtown, and Liberty City -- on foot or bicycle. Blacks had to patrol out of the black precinct, which stands today at 480 Northwest 11 th Street. Blacks could not -- blacks did not have civil service status. They could not take promotional exams or advance. They could not be members of the PBA (Police Benevolent Association), and lastly, they could not attend the police academy. Such City of Miami Page 23 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 conditions forced the MCPBA's leaders to fight for equality at the Miami Police Department. The MCPBA throughout the years has had a great legacy and numerous milestones. The organization has always been there to champion the rights of black officers on the Police Department. The MCPBA fought for civil service status, the right for blacks to take promotional exams, attend the police academy, and filed several consent decrees in 1971, '74, and '77. The objective of the organization today is to serve as a liaison between the African American community, the Miami Police Department, the City of Miami, affiliated organizations, and stakeholders. If I may briefly, I would like to call up my Vice President; he would like to read a letter of recommendation for the naming of the Miami Police Training Center. Thank you. Chair Russell: Thank you, sir. Mr. Jean-Poix: Thank you. Chair Russell: Good morning. Ramon Carr: Good morning, you all. My name is Lieutenant Ramon Carr, 400 Northwest 2nd Avenue. This letter is going to be from the President and the members of our organization. "It is with great" -- The letter should be passed out now. "It is with great pride and distinction that I write this letter to recommend for your consideration the naming of the City of Miami Police Training Center after Chief Clarence Dixon. Chief Dixon is a man worthy of this honor. Chief Dixon is an important man in African American history, American history, and City of Miami history. He was in the first class of African American men who were allowed to attend the City of Miami Police Academy in 1960, at a time where the City was segregated. Throughout the years of his career, his hard work and determination guided him through the ranks of Sergeant, Lieutenant, Major, Assistant Chief and eventually Chief in 1985, which was scarcely heard of by men of color. Over the years, Chief Dixon's work ethic garnered the respect of his colleagues, the community, and City Hall. His reputation was above reproach, and he was lauded as a catalyst for cleaning up the Police Department at a time when the police corruption ran rampant. Until his retirement as Chief of Police in 1988, Chief Dixon was an esteemed member of the law enforcement community and beyond. To date, Chief Dixon has remained a valued community leader. Whereas numerous interviews, articles, and awards have been bestowed upon him, this home-grown hero deserves this honor, and the City of Miami requires such a man who's name can proudly be erected on a befitting center. It is for these reasons my membership and I recommend that the name of the City of Miami Police Training Center be named after Chief Clarence Dixon." Thank you. Mayor Francis Suarez: Thank you. Chair Russell: Thank you very much. Mr. Carr: (UNINTELLIGIBLE) thank you. END OF PERSONAL APPEARANCE City of Miami Page 24 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo CA.1 RESOLUTION - Item Pulled from Consent 5627 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE TOWER THEATER MANAGEMENT AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE ("PROVIDER") TO INCORPORATE THE ADJACENT CITY -OWNED PARKING LOT LOCATED AT 1501 SOUTHWEST 9TH STREET, MIAMI, FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. RESULT: DEFERRED MOVER: Wifredo Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item CA.1 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item CA.1, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 25 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 CA.2 RESOLUTION - Item Pulled from Consen4 5605 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY STEPS INCLUDING, BUT NOT LIMITED TO, NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY OF MIAMI'S ("CITY") CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW FOR THE ADDITION OF THE LIBERTY CITY TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM TO CONNECT WITH THE EXISTING LITTLE HAITI TROLLEY ROUTE, ALLAPATTAH METRORAIL STATION, AND NUMEROUS MIAMI-DADE COUNTY METROBUS ROUTES. RESULT: DEFERRED MOVER: Wifredo Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item CA.2 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item CA.2, please see "Order of the Day" and "End of Consent Agenda." CA.3 RESOLUTION 5684 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT IT WAS MOST ADVANTAGEOUS FOR THE CITY TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; FURTHER APPROVING THE RETROACTIVE SELECTION OF RESCUE OPERATIONS INTERNATIONAL GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY (`ROI"), FOR THE PROVISION OF ONE (1) CUSTOMIZED ATLANTIC SIGNAL COMMUNICATION SYSTEM ("SYSTEM"), FOR A TOTAL EXPENDITURE AMOUNT OF $57,653.60, WITH SAID PURCHASE HAVING COMPLIED WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE. ENACTMENT NUMBER: R-19-0156 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." City of Miami Page 26 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 CA.4 RESOLUTION - Item Pulled from Consen4 5727 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JULIO DOTEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, INCLUSIVE OF COSTS AND ATTORNEY'S FEES, AS WELL AS A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ANY AND 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 AGREEMENT, 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 $124,900.00 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. RESULT: DEFERRED MOVER: Wifredo Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item CA.4 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item CA.4, please see "Order of the Day" and "End of Consent Agenda." CA.5 RESOLUTION 5578 Community Advisory Board A RESOLUTION OF THE MIAMI CITY COMMISSION RE- ESTABLISHING THE CITY OF MIAMI'S ("CITY") COMMUNITY ADVISORY BOARD TO PROVIDE OVERSIGHT AND FEEDBACK TO THE CITY'S POLICE DEPARTMENT ("MPD") AND THE INDEPENDENT REVIEWER PURSUANT TO THE TERMS OF THE AGREEMENT ENTERED BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT OF JUSTICE RELATING TO THE OVERSIGHT OF THE MPD'S PRACTICES AND POLICIES CONCERNING THE USE OF DEADLY FORCE; PROVIDING THE BOARD'S PURPOSE, POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING, QUORUM, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0157 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 27 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 END OF CONSENT AGENDA Chair Russell: All right. We are ready to move on to the business of the day. I'll be open to taking up the consent agenda and the PH (public hearing) agenda, what's left of it. We have CAs.3, 5; PH.1; 2, which is a four -fifths; PH.3 and PH.4. Is there a motion on those items? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: CA.3, CA.5, and then PH.1, 2, 3, and 4. Ms. Mendez: On the PHs, I believe we have just a couple of amendments, Mr. Chair. Chair Russell: Please. Ms. Mendez: For PH.4, which has to do with the Awana plat; that one is just adding a "whereas" clause; that the applicant shall repay any restricted funds in accordance with Section 55-15(a) and 55-16(c) of the City Code, unless the City Code is amended to provide for otherwise [sic] before recordation of the plat. That's for PH.4. Did you also do the REs (resolutions), or just the CAs (consent agendas) or the PH? Chair Russell: Nope; CA and PH. Ms. Mendez: Okay. That's all I have. Chair Russell: So there's been a motion by Commissioner Gort. Is there a second? Commissioner Reyes: Yeah, I second, but I have -- Chair Russell: Seconded by Commissioner Reyes, accepting amendment by the City Attorney, I assume, on both parts? Commissioner Reyes: Yes. And on PH.4, I know that the prior Commissions, we have -- there was some sort of funds that the City should recoup based on one of our own legislation, and I want to know that as a recreative process for an exception, you see. Maybe we should do an exception in certain cases, because this is not -- it's not going to generate revenues. This is going to be for public service, you see. It's for public benefit, because this is -- it's going to be -- what? -- a bus tournament, all that's going to be placed there? And also, maybe we should consider creating an exception in certain cases. And I also want to request that those palm trees that you have there -- they are beautiful royal palm trees -- that they will be removed and planted someplace else in the City of Miami, you see. I don't know; in parks, in certain -- some parks, or in other areas that we need those trees. I would like to save them. Chair Russell: Thank you, Commissioner Reyes. Just to clarify, the amendment actually asks for the recoup of the fees, correct? Ms. Mendez: So the amendment asks for the recuperation of the fees, unless it is amended, and apparently, there is an ordinance that may be coming in the second meeting of May in order to address that with governmental agencies. City of Miami Page 28 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Will that -- Commissioner Reyes: Okay. Chair Russell: -- not be too late for this one, though? Ms. Mendez: Well, we're -- that's why we're doing it "subject to." Chair Russell: Okay. Ms. Mendez: Before -- if they platted -- Chair Russell: So you're okay with the amendment. You'll be bringing another -- Commissioner Reyes: I'm okay -- Chair Russell: Understood. Commissioner Reyes: -- as long as we consider every time that -- and make a -- set a precedent that any time that it's going to be for public service, not for a revenue - generated enterprise. Ms. Mendez: Right. And that's how the ordinance would be drafted. Now, if the -- if this plat is recorded tomorrow, they will obviously not reap that benefit, but if it's prior to recordation, then they can reap that benefit. Commissioner Reyes: And about the trees. Ms. Mendez: The trees, that's what I wanted to clam. Do you want that to be an amendment to this resolution; that we have a "whereas" that those trees should be saved and placed somewhere else in the City? Commissioner Reyes: Well, you are the expert on it, and -- which one will guarantee that those palm trees --? And I think that they might be Cuban. You know that? Ms. Mendez: Well -- so we have -- Commissioner Reyes: Royal palm trees. Ms. Mendez: -- Ms. Garcia Toledo -- Commissioner Reyes: And we have -- all of those, we have parks here; that they will look beautiful in one of our parks. Chair Russell: Commissioner Gort, and then -- Vice Chair Gort: I can suggest, if you go to Northwest 28th Street, between 17th and 18th Avenue, you got a whole bunch of palm trees; we can add some more in there. Also, our Parks Department. We have the PBA Park coming up, where we need to put some trees. So we have plenty of places where we can place them. Commissioner Reyes: Yes. Chair Russell: So -- and just before -- I have a question for the City. So the -- who is the owner of this property that we're -- under discussion? City of Miami Page 29 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Mendez: The owner -- so there is, I believe, two partial owners to this, and Ms. Garcia -Toledo can say it better than I can. Chair Russell: Please. Vicky Leyva: Good morning. For the record, Vicky Leiva, from the law firm of Bilzen Sumberg. Your City Attorney is correct. This is a joint application between Resort World Miami and Miami -Dade County. Those two parties have a lease to redevelop the bus depot, and in order to do so, we needed to widen the footprint of the County -owned footprint. So that was the purpose of the street closure, which you kindly approved closure September of last year. And what's before you today is the final plat for the technical aspects of the plat. As far as the palm trees, that site will be redeveloped. The entire street will be added to the property zoned by Miami - Dade County in their entirety, in order to be able to create a wider footprint for the bus depot, and create a glass -enclosed, air conditioned roof terminal for the ridership. So we will make every effort to put those palms in that site, but if they're not, we can commit to you that we will find and work with the City to find a place for them. Chair Russell: Thank you. Commissioner Reyes: And through the Chair. Chair Russell: Commissioner Reyes, please, go ahead. Commissioner Reyes: I want to suggest that you work with our Park Department in trying to find a place for those trees. Ms. Leiva: A place for them. Commissioner Reyes: Or if it is possible, you can leave it there, because they're beautiful. Ms. Leiva: Thank you. Chair Russell: Thank you. Vicky Leiva, for the record, my question was specific to whether -- what -- who owns the property where the trees are placed? Is that the Resorts World property or is that the County property? Ms. Leiva: That's on the sidewalk next to the County's property. Chair Russell: So it's County -owned. So this spurs a brief conversation and a question for an LSR (Legal Services Request) from our City Attorney. There's a lot of County -owned properties within the City of Miami boundary, and I would like to know and understand if our Tree Code applies to County -owned properties. There are many cases where they do not seem to be adhering to our notification process, our mitigation standards, or even working together with us on that. In this case, we have a replat issue, and so, we have the ability to inject ourselves in the conversation. I'd like to know if we have the rights to have those. Ms. Mendez: So I can answer that, because we've done this study many times before. It is our position that it does apply. That is the City's position. However, the County has been a little resistant sometimes. Sometimes they comply; sometimes they don't; sometimes we've had to be a little more aggressive for them to do so. So it is our position that it does apply. City of Miami Page 30 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: And what about our Zoning Code, as well? If it's a County -owned property in the City of Miami, we have public hearing process, we have notification, when they change -- Ms. Mendez: It does, unless they say it doesn't. So for now -- and when I say, "When they say, `it doesn't,'" it means that they have to pass an ordinance that says that they are to go under the Rapid Transit Corridor; they're to go under some other type of zoning, or there's some sort of overlay, but for all intents and purposes, our zoning applies in their County -owned properties. Chair Russell: Right. It seems the loophole here is that on the Rapid Transit Corridor, we have some housing and residential development and commercial development happening, which, in my opinion, should start to fall under our purview, once again. And in particular, many very large immature trees were cut this week at the Douglas Road Station for a future coming development. I don't believe our departments were involved at all, and we're losing mitigation dollars to our Tree Trust Fund, but also, there's no notification process to our residents. Ms. Mendez: Right. And that was the -- I mean, Ms. Leiva walked away, but she has a lot to do with the Rapid Transit Corridor and the legislation that was drafted with that, but unfortunately -- and that was the -- what I advised was problematic. When we turn over certain zonings to the County, we lose control, and I brought that up. So obviously, we can work with the County to try and figure that out, but when it's zoned in a way that the County has the authority, sometimes we can lose a little bit of control. Our tree ordinance should still apply, though, so we need to really look at that closely. But again, it applies until they say it doesn't via an ordinance. Chair Russell: What about FDOT (Florida Department of Transportation)? There was dozens of royal palms removed recently on US 1. Is that something we should have the purview of? Ms. Mendez: We still -- yes. We still say that that applies. Chair Russell: So this is an issue of money, because our Tree Trust Fund receives mitigation from removals; removals without permit, and even appropriate removals in the right case. We should be receiving funding on these; is that not correct? Ms. Mendez: We will -- we need to then see the particular locations that you're describing, and see what agreements we may or may not have with FDOT with regard to that, because remember that sometimes we enter into certain interlocals to do certain work. So if you can give us the addresses, then we can look into all of this. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: Look, where it took place -- it's very obvious where it has taken place, I mean, if you cannot see it in US 1. But nevertheless, I agree with you. And the problem that I have, many times in the small neighborhood, a poor neighborhood, somebody buy the -- everyone knocks a tree down. Boy, everybody jumps on them right away. So this is something that I agree with you. I mean, they have the funds, and they can pay for it, and they can do whatever they have to. Chair Russell: Thank you. Vice Chair Gort: And we have to make sure, wherever -- I imagine, they have to pull a permit from the City of Miami to do any of that; even if they're FDOT, they have to City of Miami Page 31 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 coordinate it with our Public Works. So there have to be a coordination, the way we should be, be able to administrate some of that. Chair Russell: Thank you. Do you need any direction on this item? Because we would like to see this enforced, where necessary, in our relationships with other government entities. And, of course, I support Commissioner Reyes' amendment. Is there any further discussion on the item? Ms. Mendez: So we will add an amendment -- a "whereas" that advise that these trees will be relocated at the applicant's expense, and we'll find a location. Chair Russell: Thank you. And so, that is -- which item was that? I'm sorry. Let's get that correct. Thank you very much. That's PH.4, with amendment. There's been a motion and a second. That's the only item that has been amended. Is there any further discussion on the other items in this CA and PH agenda? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): And Chair, for the record, I am recording that vote as 4-0, with Commissioner Gort on the dais for the four -fifth item. Chair Russell: You're good, Commissioner Gort? Mr. Hannon: Four -fifths items. Chair Russell: All right. So that's 3, 5 -- CA.3 and 5; PH.1, 2, 3, and 4. City of Miami Page 32 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 5652 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND IN CONFORMITY WITH THIS RESOLUTION, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON- EXCLUSIVE OVERHEAD AND UNDERGROUND EASEMENT ("EASEMENT") OF A PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 1901 NORTHWEST 24 AVENUE, MIAMI, FLORIDA, FOLIO NO. 01-3134-000-0330, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-19-0158 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.1, please see "End of Consent Agenda." City of Miami Page 33 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PH.2 5591 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4-STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CHIEF PROCUREMENT OFFICER'S FINDING OF A SOLE SOURCE, APPROVED BY THE CITY MANAGER, ATTACHED AND INCORPORATED AS EXHIBIT "B"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; APPROVING THE REQUEST FOR MAINTENANCE AND REPAIR SERVICES FOR IRRIGATION PUMP STATIONS, AS THE SOLE SOURCE AUTHORIZED PROVIDER WITH HOOVER PUMPING SYSTEMS CORPORATION ("HOOVER"), ALLOCATING FUNDS FROM CITY OF MIAMI'S ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS") GENERAL FUND, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH HOOVER, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0159 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 "End of Consent Agenda." City of Miami Page 34 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PH.3 RESOLUTION 5628 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT TITLED "BISCAYNE ISLAND ESTATES" AT 1090 NORTH VENETIAN DRIVE, MIAMI, FLORIDA, 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-19-0160 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 "End of Consent Agenda." PH.4 RESOLUTION 5679 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT TITLED "AWANA FOREST," 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-19-0161 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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.4, please see "End of Consent Agenda." City of Miami Page 35 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 END OF PUBLIC HEARINGS City of Miami Page 36 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 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. ENACTMENT NUMBER: R-19-0162 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Let's move to the RE (resolution) agenda, please; RE.1. Who's presenting RE.1? This is the School Board item -- Commissioner Hardemon: I'll move it. Chair Russell: -- with regard to the bridge. It's been moved by Commissioner Hardemon; seconded by Commissioner Reyes. Is there any further discussion? Any comments from Administration? We're good? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 37 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 RE.2 RESOLUTION 5692 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENTS WITH A.D.A. ENGINEERING, INC., AMBRO, INC., A&P CONSULTING TRANSPORTATION ENGINEERS, CORP., CHEN MOORE AND ASSOCIATES, INC., COASTAL SYSTEMS INTERNATIONAL, INC., EAC CONSULTING, INC., HBC ENGINEERING COMPANY, H.W. LOCHNER, INC., KIMLEY-HORN AND ASSOCIATES, INC., MILIAN, SWAIN & ASSOCIATES, INC., R.J. BEHAR & COMPANY, INC., RS&H, INC., STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC., SRS ENGINEERING, INC., STANTEC CONSULTING SERVICES, INC., TETRA TECH, INC., TRACE CONSULTANTS, INC., T.Y. LIN INTERNATIONAL, WANTMAN GROUP, INC., AND WSP USA, INC., FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $500,000.00 TO AN AMOUNT NOT -TO -EXCEED $1,000,000.00 EACH; FURTHER AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS WITH 300 ENGINEERING GROUP, P.A., THE CORRADINO GROUP, INC., MILLER, LEGG AND ASSOCIATES, INC., NOVA CONSULTING, INC., AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC., FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, FOR AN AMOUNT NOT - TO -EXCEED $1,000,000.00 EACH; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF THE NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EACH AGREEMENT WITH A.D.A. ENGINEERING, INC., AMBRO, INC., A&P CONSULTING TRANSPORTATION ENGINEERS, CORP., CHEN MOORE AND ASSOCIATES, INC., COASTAL SYSTEMS INTERNATIONAL, INC., EAC CONSULTING, INC., HBC ENGINEERING COMPANY, H.W. LOCHNER, INC., KIMLEY-HORN AND ASSOCIATES, INC., MILIAN, SWAIN & ASSOCIATES, INC., R.J. BEHAR & COMPANY, INC., RS&H, INC., STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC., SRS ENGINEERING, INC., STANTEC CONSULTING SERVICES, INC., TETRA TECH, INC., TRACE CONSULTANTS, INC., T.Y. LIN INTERNATIONAL, WANTMAN GROUP, INC., AND WSP USA, INC., IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS WITH 300 ENGINEERING GROUP, P.A., THE CORRADINO GROUP, INC., MILLER, LEGG AND ASSOCIATES, INC., NOVA CONSULTING, INC., AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC., IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER City of Miami Page 38 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item RE.2 was continued to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE.2, please see "Order of the Day." RE.3 RESOLUTION 5704 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE RETENTION OF AS LEGAL CONSULTANTS TO WORK IN CONSULTATION WITH THE CITY ATTORNEY AND TO PROVIDE SUBJECT MATTER EXPERTISE ON NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND FREEDOM PARK LLC; FURTHER AUTHORIZING THE EXPENDITURE OF FUNDS FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL LEGAL SERVICES ACCOUNT NO. 00001.980000.531010.0000.00000. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item RE.3 was deferred to the May 9, 2019, Regular Commission Meeting. For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Items." City of Miami Page 39 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: And I think the Mayor also agrees that since -- I would love to deal with this with the full Commission present. Commissioner Carollo -- he was one of the first that asked for, I mean, a national search, and he's not here with us, because he is sick. And I -- I'm moving to defer this to next -- Chair Russell: Two weeks. Commissioner Reyes: -- meeting, May -- Chair Russell: In two weeks. Commissioner Reyes: In two weeks. In two weeks. And I -- for what you have done, I think that your presentation has been already done. That was nice. Angela de Cespedes: Oddly enough, I had about 50 percent to go. Chair Russell: Thank you very much. Let's -- there's been a motion. Is there a second? Commissioner Reyes: You made your full presentation already. Mayor Francis Suarez: Chair, if I may? Chair Russell: Mr. Mayor. There's a -- it's been seconded by Commissioner Hardemon. Mayor Suarez: So I would ask a couple of things. One is that we set it for a time certain at the next meeting, so that every -- Commissioner Reyes: Absolutely. I mean, I had -- don't have anything against that. We just want to pick the -- I mean, the right person for the right job. Mayor Suarez: And I think -- just so that they know how to prepare -- we're going to listen to 16 presentations -- or however we're going to do it, that we set a procedure that's fair -- Commissioner Reyes: Yes. Mayor Suarez: -- so that they can also prepare, because if she had 50 percent more to go and you were sort of stopping her, I want her to feel like she has an opportunity to give her presentation, and then the other firms, whoever they're going to be, also have -- I mean, if we're going to do it that way. However we set a procedure -- whatever it is. We don't have to decide right now. Commissioner Reyes: That's right. Mayor Suarez: But we set up some fair procedure for the next hearing so that everyone knows and it's transparent, and they can -- Commissioner Reyes: Absolutely. Mayor Suarez: -- all -- Commissioner Reyes: Absolutely. Chair Russell: Commissioner Gort. City of Miami Page 40 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Vice Chair Gort: I would like also our staff both the DREAM (Department of Real Estate and Asset Management) and the Law Department, to look at all the items coming in front of us and give us a recommendation also. Mayor Suarez: True. I'm (UNINTELLIGIBLE). Commissioner Reyes: I'm going to go a little bit beyond; give us a briefing on the qualifications of every single one of them -- I mean, I don't want to read the whole proposal, but if I have to, I would, but -- in order for us to make the right choice, and the persons that qualify and they are not violating any ones [sic] of our regulation, State regulations, and you know what I mean by that. Chair Russell: Thank you, Commissioners. There's been a motion to defer this item, RE.3, to May 9; there's been a second. Is there any further discussion on the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Ms. de Cespedes: Thank you for your time. Chair Russell: Thank you very much. We look forward to seeing you. Todd B. Hannon (City Clerk): Chair, did we want to set the time certain now, or is that --? Chair Russell: No. We'll work on that. Mr. Hannon: Okay, sir. Chair Russell: We'll talk to the other firms and see what works, and we'll get it together. Mr. Hannon: Understood. Chair Russell: Thank you very much. RE.4 RESOLUTION 5734 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT, TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED ONE THOUSAND, TWO HUNDRED DOLLARS ($1,200.00) TO DO THE RIGHT THING, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("GRANTEE"), IN SUPPORT OF THE GRANTEE'S ANNUAL SUMMER SALUTE AWARDS NIGHT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0163 City of Miami Page 41 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: RE. 4, "Do the Right Thing." Commissioner Hardemon: Was RE.2 continued? Chair Russell: RE.2 was continued in the -- it was deferred -- Commissioner Hardemon: Okay. Thank you. Chair Russell: -- in the order of the day, as was RE.3. So we're taking up RE. 4. Commissioner Hardemon: So moved. Chair Russell: Moved by Commissioner Hardemon -- Commissioner Reyes: Second. Chair Russell: -- seconded by Commissioner Reyes; `Do the Right Thing." Is there any further discussion on this item? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE.5 RESOLUTION 5725 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING A PORTION OF SOUTHWEST 25TH AVENUE FROM FLAGLER STREET TO SOUTHWEST 3RD STREET, MIAMI, FLORIDA AS "STINGAREE BOULEVARD," WITH FUNDING FOR THE RELATED SIGNAGE TO BE PROVIDED FROM DISTRICT 1 FUNDS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-19-0164 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 RE.5, please see "Order of the Day." Chair Russell: RE.5, Stingaree Boulevard. City of Miami Page 42 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes -- Vice Chair Gort: I'd like to -- Commissioner Reyes: No. I mean -- Vice Chair Gort: -- second. Commissioner Reyes: -- I second it; move it by Commissioner Gort. Chair Russell: Okay, moved by Commissioner Gort. Commissioner Reyes: Commissioner Gort; second by me. Chair Russell: Seconded by Commissioner Reyes. Vice Chair Gort: Do we have any Miami High alumnae here? Chair Russell: Are there any Miami High alumnaes [sic] in the and -- alumnus alumnae in the audience? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: All right. We have a motion and a second on the Stingaree Boulevard Co -designation. Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's RE.5. RE.6 RESOLUTION 5757 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND INDEPENDENT AUDITOR TO TAKE ANY AND ALL ACTIONS NECESSARY REGARDING ANY IMPROPER OCCUPANCY OR USE OF ANY CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED BUSINESS ENTITIES INCLUDING BUT NOT LIMITED TO THE MELREESE GOLF COURSE LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item RE.6 was deferred to the May 9, 2019, Regular Commission Meeting. City of Miami Page 43 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 For minutes referencing Item RE. 6, please see "Order of the Day." RE.7 RESOLUTION 5790 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO UNDERTAKE ALL APPROPRIATE ACTIONS TO FILL IN THE FLORIDA EAST COAST RAILWAY DEEP WATER SLIP ("FEC SLIP") LOCATED IN BISCAYNE BAY, ADJACENT TO AND BETWEEN MAURICE A. FERRE PARK AND THE AMERICAN AIRLINES ARENA, AND THE TWO (2) ABUTTING INLETS, IN CONFORMITY WITH ALL LEGAL, REGULATORY, AND CONTRACTUAL REQUIREMENTS; LIMITING THE USE OF THE FILLED AREAS TO ONLY PARK AND OTHER GREEN SPACE USES FOR THE PLEASURE, RECREATION, AND EDUCATION OF THE PUBLIC; DIRECTING THE CITY MANAGER TO IMPLEMENT THE POLICY AS STATED HEREIN; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN STATED OFFICIALS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item RE.7 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item RE.7, please see "Order of the Day." RE.8 RESOLUTION 5772 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO PROVIDE A PAY SUPPLEMENT FOR EMPLOYEES OF THE OFFICES OF THE STATE ATTORNEY AND PUBLIC DEFENDER FOR THE 11TH JUDICIAL CIRCUIT OF FLORIDA TO HELP OFFSET THE HIGHER COST OF LIVING IN MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER TO ADD TO THE CITY OF MIAMI'S 2019 LEGISLATIVE PRIORITIES SUCH SUPPORT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0165 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo For additional minutes referencing Item RE.8, please see "Public Comment Period for Regular Items." City of Miami Page 44 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: And final RE (resolution) item is RE.8, urge the Florida Legislature to offset the cost of living. Victoria Mendez (City Attorney): Yes. Commissioner Reyes: Yes, sir. Ms. Mendez: On this item, I just wanted to make a couple of clarifications; that there's 800 State Attorneys, not 200, in the office, and there has been a 22 percent attrition rate reported. So I wanted to make those two changes. Also, that this will be legislative priority this year and next year -- Commissioner Reyes: And next year. Ms. Mendez: -- if it -- this doesn't pass this year. So I'll make those changes to allow this to be as amended. Commissioner Reyes: I'll move it. Ms. Mendez: And thank you. Chair Russell: And it's been moved by Commissioner Reyes. Is there a second? Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any further discussion? All in favor of RE.8, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE.9 RESOLUTION 5785 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 11-0298, ADOPTED ON JULY 14, 2011, THAT STRONGLY OPPOSED ANY ACTIONS OR DISCUSSIONS BY MIAMI-DADE COUNTY RELATED TO THE FILLING OF THE FLORIDA EAST COAST RAILWAY DEEP WATER SLIP LOCATED IN BISCAYNE BAY ADJACENT TO THE AMERICAN AIRLINES ARENA; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN STATED OFFICIALS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item RE.9 was deferred to the May 9, 2019, Regular Commission Meeting. City of Miami Page 45 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 For minutes referencing Item RE.9, please see "Order of the Day." END OF RESOLUTIONS City of Miami Page 46 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 5650 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID BOARD)" TO INCORPORATE THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT'S BOARD OF DIRECTOR'S ("BID BOARD") RECOMMENDED AMENDMENTS, WHICH WERE SUBMITTED TO AND APPROVED BY A MAJORITY OF AFFECTED PROPERTY OWNERS, REDUCING THE NUMBER OF VOTING MEMBERS OF THE BID BOARD FROM NINETEEN (19) MEMBERS TO NINE (9) MEMBERS; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE CITY CODE BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13833 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: We have a quorum; back to the business of the morning. We have the SR (second reading) agenda, the second reading ordinances. The first is SR.1, amending Chapter 2, regarding the Coconut Grove Business Improvement District. Is there a motion on SR.1? Victoria Mendez (City Attorney): Chairman, if I -- read it? Chair Russell: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Did I hear a motion? Commissioner Reyes: Second. Chair Russell: It's been -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: I believe, Commissioner Hardemon, you moved it? Second. Thank you very much. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 47 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Any opposed? Motion passes. SR.2 ORDINANCE Second Reading 5588 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "COMMUNITY REVITALIZATION," BY ESTABLISHING A NEW DIVISION 3, TITLED "LITTLE HAITI REVITALIZATION TRUST," AND DESIGNATING THE LITTLE HAITI REVITALIZATION TRUST'S ("TRUST") JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI; SETTING FORTH THE TRUST'S PURPOSE, POWERS, AND DUTIES, INCLUDING BUT NOT LIMITED TO, THE AUTHORITY TO SUE AND BE SUED, PLEAD AND IMPLEAD, AND PARTICIPATE IN FUNDRAISING ACTIVITIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, AND OFFICERS; PROVIDING FOR OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, A PRESIDENT/CHIEF EXECUTIVE OFFICER AND STAFF, COUNSEL, BUDGET APPROVAL, AND ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13834 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Items." Chair Russell: SR.2, please. Commissioner Reyes: Yes. Commissioner Hardemon: (UNINTELLIGIBLE) the record. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on SR.2? Commissioner Hardemon: There is. So moved. Chair Russell: It's been moved by Commissioner Hardemon. Commissioner Reyes: I second it. Chair Russell: Seconded by Commissioner Reyes. Is there any further discussion on the dais? City of Miami Page 48 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Marlene Bastien: May I be recognized, Mr. Chair? Chair Russell: We have already closed the public comment on all of the morning's agenda items. I'll leave it to the deference of the Commissioner -- Ms. Bastien: Is it possible to actually submit these letters? Chair Russell: -- sponsoring this item. Commissioner Hardemon: We have the letters. I have the letter on -- I read it in an email. Yeah, you can pass it to the Clerk, though, if you'd like to have it -- into the official record. Ms. Bastien: Okay. Thank you. Commissioner Hardemon: You're welcome. Chair Russell: Thank you very much. Is there any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. SR.3 ORDINANCE Second Reading 5549 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1317 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD/COMPOSITION OF BOARD; TERMS, FILLING OF VACANCIES," BY INCREASING THE NUMBER OF MEMBERS OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") BOARD OF DIRECTORS FROM SEVEN (7) TO NINE (9) MEMBERS, WITH TWO (2) OF THE NINE (9) MEMBERS BEING NON -VOTING AND EITHER ESTABLISHED RETAIL, CULTURAL ARTS, OFFICE, OR RESTAURANT BUSINESS OWNERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13835 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: SR.3, please read into the record. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 49 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Is there a motion on SR.3? Commissioner Hardemon: So moved. Chair Russell: It's been moved by Commissioner Hardemon. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Is there any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That is SR.3 END OF SECOND READING ORDINANCES City of Miami Page 50 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 5435 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED Office "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-203, TITLED "BENEFITS," TO REFLECT THE CHANGES MADE IN THE CURRENT COLLECTIVE BARGAINING AGREEMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item FR.1 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item FR.1, please see "Order of the Day." FR.2 ORDINANCE First Reading 5434 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED Office "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40-241 AND 40-255, TITLED "DEFINITIONS" AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS AND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item FR.2 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. City of Miami Page 51 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 For minutes referencing Item FR.2, please see "Order of the Day." FR.3 ORDINANCE First Reading 5749 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56, ARTICLE V/SECTION 56-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "TAXATION/AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES/ELIGIBILITY REQUIREMENTS," BY AMENDING THE ADMINISTRATIVE PROVISIONS OF THE AD VALOREM TAX EXEMPTION PROGRAM, TO SET FORTH THE CIRCUMSTANCES IN WHICH A BUSINESS SITED IN AN EXISTING ENTERPRISE ZONE IS DEEMED TO HAVE BEEN GRANTED THE CITY OF MIAMI'S CURRENTLY EXISTING AD VALOREM TAX EXEMPTION, FOR THE SOLE PURPOSE OF QUALIFYING FOR MIAMI-DADE COUNTY'S ENTERPRISE ZONE EXEMPTION FOR WATER AND SEWER CONNECTION CHARGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING 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, Reyes, Hardemon ABSENT: Carollo Note for the Record: For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Items." Chair Russell: And we have one first reading item, which is FR.3, the WASD (Water and Sewer Department) item that we were addressed with earlier. Please read it into the record. Victoria Mendez (City Attorney): FR. 3. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on FR. 3? Commissioner Hardemon: So moved. Commissioner Reyes: Second. Chair Russell: It's been moved by Commissioner Hardemon; second by Commissioner Reyes. Is there any further discussion? Commissioner Reyes: No; only a comment. Does that -- this apply to this lady that was here, right? Chair Russell: Yes. This is that -- Commissioner Reyes: And I congratulate Commissioner Hardemon; if I could sponsor this, because I think this is a great, great, great, great, great piece of legislation. City of Miami Page 52 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: It is not easy to open a small business in this City -- Commissioner Reyes: No, it is not. It is not. Chair Russell: -- or this County, and -- Commissioner Reyes: Given all the regulations that the government has, you see, regulations from DERM (Department of Environmental Resource Management) and every other regulation -- licenses that sometimes they get inspections, they take time -- a lot of time to get an inspection and all of that; on top of that, the charges. Congratulations -- Chair Russell: I think we can learn -- Commissioner Reyes: -- Commissioner Hardemon. Chair Russell: -- from other cities on this, because I've heard that we are more difficult -- Commissioner Reyes: Yes. Chair Russell: -- our City, our County. Commissioner Reyes: That's right. We are the most difficult. Chair Russell: Fees, permitting, build out -- Commissioner Reyes: That's right. Permitting, that's right. Chair Russell: -- approvals, it's very difficult. Commissioner Reyes: And -- Chair Russell: I remember in the Mayor's State of the City speech, this was one of his goals; to see us be able to -- someone be able to open a small business from their phone -- Commissioner Reyes: Well -- Chair Russell: -- you know. I'd love to see that, too. Commissioner Reyes: -- that -- I think we should direct the Administration that -- do whatever they have to do to streamline the process of opening a business in the City of Miami. Chair Russell: Commissioner Gort. Joseph Napoli (Deputy City Manager): Yes, sir. Chair Russell: Commissioner Gort. Commissioner Hardemon: (UNINTELLIGIBLE). Chair Russell: You had a comment? City of Miami Page 53 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Vice Chair Gort: Let me ask a question. My understanding is -- what are the changes from this one, from the one we have previously, where we had some problems? At the same time, is this going to be reimbursed, both the City and the County impact fee? Chair Russell: I don't believe we've brought this up before. No. Commissioner Hardemon: No. Chair Russell: On this item? Vice Chair Gort: I'm discussing another item that we have problem before. I want to make sure it's two different items. Victoria Mendez (City Attorney): Yes. We made changes in order to not have those problems again. Vice Chair Gort: Okay. My question now -- because I want to make sure -- I want to very clear -- are they going to waive both, the City of Miami and the County? Ms. Mendez: It's -- these fees, my understanding, are County fees, so it's going straight to the County. They're not -- we don't have Miami -Dade Water -- Vice Chair Gort: No. I understand. Ms. Mendez: -- I mean -- Vice Chair Gort: But are they going to be waived to the small business people? The County is going to waive it, too? Ms. Mendez: That is -- Vice Chair Gort: I just want to make sure, so people understand. Ms. Mendez: -- it's County charges. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. The item before you today, FR.3, is for the sole purpose of water and sewer connection fees, impact fees. Vice Chair Gort: From the City? Commissioner Reyes: No. Mr. Rose: Inside the City, they are County connections fees; not City connection fees. Vice Chair Gort: No. I understand that. My question is, is the County going to waive their fee also? Commissioner Hardemon: The County is going to waive their fee -- Commissioner Reyes: (UNINTELLIGIBLE) question. Commissioner Hardemon: -- is they -- are they not? Ms. Mendez: Yes. They're County fees, so yes. City of Miami Page 54 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: For this specific program. This is not every business everywhere all the time, if you want to clam. Vice Chair Gort: It's within Enterprise Zone. Chair Russell: Correct. Vice Chair Gort: But I want to make sure, because I don't want -- we waive ours, and then all of a sudden, they get a bill from the County and they think it's ours. Commissioner Reyes: Yeah, yeah. Mr. Rose: I would defer to the City Attorney, but the County already has this program in place. Once we recognize these businesses this way, the County's current program kicks in. Commissioner Reyes: Okay. Vice Chair Gort: And they'll be refunded retroactive? That's what they think -- Commissioner Hardemon: They are -- if they are expanding, yes. Vice Chair Gort: They're expanding, or new business, after we pass this. Commissioner Hardemon: Right. Right now (UNINTELLIGIBLE). Ms. Mendez: These are -- this is not retroactive. We're passing this program now, and it's going forward. It's not a retroactive thing. Vice Chair Gort: The reason I'm asking all these questions is because the statement that was made here today, the young lady thinks that it's going to be retroactive, and she's going to able to waive a lot of that. Commissioner Reyes: That's right. Vice Chair Gort: So we have to make sure we let people know. And between now and the second reading, let's make sure what the consequences are going to be. Okay? Chair Russell: Thank you very much. Is there any further discussion on FR.3? Mr. Napoli: Mr. Chair, if I could -- Chair Russell: Yes. Mr. Napoli: -- comment on Commissioner Reyes' question on whether it should be a directive? Commissioner, when we handed out -- or provided you our efficiency study a few weeks ago, one of the future efficiencies that we're working very deliberately on now is precisely what you're saying; see how that we can ultimately get to being able to open a business on your phone, but all the processes and procedures are necessary to enable us to do that is quite extensive. Commissioner Reyes: Could you be specific on what actions are going to be taken, and how you can expedite it? City of Miami Page 55 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Napoli: Yes. We will -- as a matter of fact, we'll give you a briefing on it, because there's several -- Commissioner Reyes: Yes. Mr. Napoli: -- processes and procedures to be able to do -- and structural changes that we have to make -- to be able to do that, but we'll give you a full briefing on that. Commissioner Reyes: Okay. Thank you, sir. Chair Russell: And one of the items -- and I just want to mention briefly, as you talk to restaurants or small business owners who want to open up, we want to encourage them to go into neighborhoods where there isn't much activity. Commissioner Hardemon: Right. Chair Russell: And what they want to do a lot of times is move in where there's, let's say, a warehouse, and bring that to a different level. That creates an additional investment from them organically, but from the County, it's almost like punishing them, because as you want to change use up a ladder from the least use of a warehouse to the highest use of a restaurant, you are leap -frogging so many levels of fees that it becomes astronomical, and it's almost impossible to -- We're encouraging the opposite of what we'd like to see. And so, anywhere we can help, I'm in favor of it. Commissioner Hardemon: And Mr. Chairman? Commissioner Reyes: Sir, just -- I'm sorry. Just that I have an example of a couple of years ago, a friend of mine, he wanted to open a barbershop at a place that a beauty shop was, and it was -- I mean, this gentleman, he give up. He give up, because -- I mean, imagine, they cut hair in a barbershop; that they do the same thing in a beauty shop. Chair Russell: Beards. Commissioner Reyes: That's right, beards, and all of that. Chair Russell: Change of use. Change of use. Commissioner Reyes: Well -- Commissioner Hardemon: No. they use -- Commissioner Reyes: -- and they couldn't -- I mean, all the different inspect -- all the difference [sic] requirements, and all of that. I mean, the guy gave up, and he went someplace else -- Chair Russell: Commissioner Hardemon. Commissioner Reyes: -- you see. Commissioner Hardemon: So this is exactly what we need, I believe. Commissioner Reyes: Yes. City of Miami Page 56 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: And that's why -- you know, I thank my Chief of Staff, James McQueen, for being out in the community and finding this issue, and seeing what we had to do in order for the businesses to benefit, because this is one of those things where -- you know, when I think about my neighborhoods that are least served when it comes to food, to restaurants, et cetera, this kind of legislation allows businesses -- small businesses to come in, and you don't have to wait on a large company who has the wherewithal to invest into these spaces. And so, this is a good thing. I think it's a step in the right direction, and I thank you all for your support about it. Chair Russell: Thank you very much. Commissioner Reyes: And just to finalize it, we got to expedite the permitting process, because a person that has limited capital, a person that asks for a loan and is paying interest on a loan, and the permitting, it takes half a year or a year; that person is losing money from day one. So we have -- we -- I think that our goal, our - - on one of our -- I think the goals will be to promote small businesses in areas that they don't have small businesses; areas that are, just as the Commissioners have just stated, that at this time, they don't have nice restaurant, they don't have a barbershop, they don't have a small store -- clothing store. We have to promote businesses there. And most of the times, those people that are going into those -- trying to open those business, they don't have deep pockets, you see? Chair Russell: Or attorney -- big attorneys, or help, yes. Commissioner Reyes: Or big attorneys that will come here -- Chair Russell: Yeah. Commissioner Reyes: -- or people that will run their permits. They don't have money for a runner to run a permit, and to run permits and get the -- expedite the permitting. We are -- it is our responsibility to expedite those permitting. Chair Russell: All right. Any further discussion? Hearing none, all in favor of FR.3, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. END OF FIRST READING ORDINANCES City of Miami Page 57 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 AC.1 5786 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 APRIL 25, 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, ET AL. 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 REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item AC.1, please see "Order of the Day. END OF ATTORNEY -CLIENT SESSION City of Miami Page 58 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 BU.1 4966 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: BU.1, please; budget. Christopher Rose (Director): Good afternoon again, Commissioners. Chris Rose, Office of Management and Budget. There's not a great deal to talk about. You received the memo this morning; it is very, very similar to last month's projections. It only changed $153,000 in a more than $700 million budget. So it is very, very similar. It -- not assume the things that will be in the mid -year budget amendment, which will be before you at the next meeting. And I'll be happy to take any questions you may have at this time. Vice Chair Gort: Mr. Chairman? Chair Russell: Commissioner Gort. Vice Chair Gort: The 153, is that minus, plus, or (UNINTELLIGIBLE)? Mr. Rose: It's actually expenditures lowered by $153,000, and it's a net. It's -- some went up, some went up. Vice Chair Gort: It's a net from the different (UNINTELLIGIBLE). Mr. Rose: No department changed more than $80,000, though. Vice Chair Gort: Okay. Thank you. Commissioner Reyes: So, in other words -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- we are not spending more than what we are receiving, right? Mr. Rose: We have thus far, in that we have reached backwards into the prior year fund balance to pay for settlement agreements. Commissioner Reyes: And I hope that this will improve as we start being more efficient and start cutting positions -- City of Miami Page 59 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Rose: There are -- Commissioner Reyes: -- many positions. As they -- I don't want to fire anybody. As they become -- that they are available, they are empty. Mr. Rose: Yes, sir. Commissioner Reyes: Okay. Chair Russell: Thank you very much, Chris. Mr. Rose: Thank you. END OF BUDGET City of Miami Page 60 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 DI.1 5726 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: BAYFRONT PARK MANAGEMENT TRUST COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE EQUAL OPPORTUNITY ADVISORY BOARD PARKS AND RECREATION ADVISORY BOARD LRESULT: DISCUSSED Chair Russell: And Boards and Committees. Do we have an annual report from the Boards and Committees, DI.1? Do we have anyone here to discuss those at this time? Good morning. Corey Taylor: Good morning, Commission. Commissioner Reyes: Yes, sir. Mr. Taylor: My name is Corey L. Taylor. I am the co-chair of Equal Opportunity and [sic] Advisory Committee, and I'd like to announce that all is well in our realm. And our caseload went down. We usually meet -- what we do, we usually meet with the directors when they come in, and see -- and give their opinion of their demographics in their specific departments, and see what their vision for the future is within the City of Miami. That's about it. Chair Russell: Thank you very much. Are there any questions regarding this? Thank you for your service. Thank you -- Mr. Taylor: Thank you. Chair Russell: -- for the report. Jennifer Moy: Good morning, Commissioners, and everyone. My name is Jennifer Moy, Assistant Director of Solid Waste. The Commercial Solid Waste Management Advisory Committee was created in April 1999 to discuss solid waste issues within the City. The Committee has served its purpose. The Committee serves as a communication link or a bridge between the Commission and our private haulers. The Committee is currently serving community needs. The Committee has a community representation by two of the 10 members, who have contributed great insight and actively participate in raising questions and concerns from the community. The Committee has had major accomplishments; one of which was providing valuable input towards the amendments of Chapter 22 of the City Code. Those amendments were approved by the City Commission and continue to be enforced. The Committee contributed immensely towards the success of this City of Miami Page 61 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 important endeavor. Currently, there is no other committee which could be -- which could better serve this function. And no; at the moment, there is no ordinance that needs to be amended, nor modified. And also, there was no financial impact for this Committee in 2018. Thank you. Chair Russell: Thank you very much. Are there any questions? Thank you. Jose Solano: Good morning, Commissioners. Chair Russell: Good morning. Mr. Solano: My name is Jose Solano, for the Bayfront Park Management Trust, and I'm here to present the annual report. The Trust continues to do many events, and today we're hosting (UNINTELLIGIBLE) Corporate Run; over 30,000 attendees today. And the Trust continues to create new revenue streams for the park. And I'm here to answer any questions. Chair Russell: Thank you very much. Are there any questions regarding this report? Thank you. Mr. Solano: Thank you. Chair Russell: Any other board reports? Is that it? Todd B. Hannon (City Clerk): I believe there is one left, but I do not think anyone from that board is here to present. Chair Russell: All right. We'll table that. Okay. Is there anything left that I've missed from the mornings agenda? Commissioner Reyes: Nope. Chair Russell: Any discussion items that we can take up at this point? Vice Chair Gort: (UNINTELLIGIBLE)? Chair Russell: We just did. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Yeah, I was late on that, but we did do it. Okay. In that case, I'm looking to break until 2 p.m., if that's all right with you, gentlemen, and then we'll take up the PZ (Planning and Zoning) agenda. Sound good? Commissioner Reyes: Sound good. Commissioner Gort: Sounds good. Chair Russell: See you at 2. Thank you very much, everyone. City of Miami Page 62 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 DI.2 DISCUSSION ITEM 5490 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item DI.2 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item DL2, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 63 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Russell: Good morning -- good afternoon, Mr. Mayor. Mayor Carlos Gimenez: Good afternoon. Ladies first. Pauline Winick: Thank you, Mr. Mayor. My name is Pauline Winick; live on Miami Beach. I'm a former Executive Assistant City Manager for the City of Miami. I'm speaking against the deferral. I won't be here when the item will be deferred, and I think it's really important. I'm talking on behalf of this very important issue. I think I support the County's position on the playhouse, and I'm disappointed that this item might be taken up in May. I support the County's position, and I think it's important that you, you know, take a stand, and that you repeal the position of the Historic Environmental Protection [sic] Board. Thank you. Chair Russell: Thank you very much. Good afternoon, Mr. Mayor. Mayor Gimenez: Thank you, Mr. Chairman. While we're not happy with a decision or a motion to defer, we certainly understand the reason, and we will accept the motion to defer. However, I would ask that this board also schedule a special meeting on this subject for next week. The people of Coconut Grove, we've discussed this over the years. I think it needs to come to closure, one way or the other, up or down. And having folks come here time and time again from their busy schedules, I don't think it's fair. So if you would consider that, we would appreciate it. We've looked at our calendars; next Thursday works fine. And so, the fine people here, if you do defer it, will know that that'll be the final date, and that will be the date that it will be heard. So with that, thank you, Mr. Chairman. Chair Russell: Thank you, Mr. Mayor. Commissioner Reyes. Commissioner Reyes: Yes. Mr. Mayor, is any reason why you want to expedite this meeting? I mean, it -- Mayor Gimenez: Yeah. The reason is that we've been at this for over two years. Every day that goes by, the value of money goes down. There is a certain amount of money that we have in the County for this project, and frankly, we need to either get this project going or maybe the State takes it back. But we need a expedite -- Commissioner Reyes: Do we have any deadlines that we have to meet (UNINTELLIGIBLE)? Mayor Gimenez: It's not a deadline, but we need to get this going as quickly as possible. Like I said, every month delay, delays the project. Every month delay, then the value of money goes down; maybe construction prices go up. So, you know, we've delayed, you know, far enough. I think we've -- we were targeting like February to begin, and now we're already in April, and we'll be into May -- you know, late May, if we wait for the next meeting. So I would hope that it would be a special meeting. There's plenty of people here that want to discuss this issue. It's going to take some time. I think they -- we owe it to them to say, "That's the date. This is the day it's going to happen. You're not going to have to wait here till midnight to make it happen. " And so -- Commissioner Reyes: In other words -- City of Miami Page 64 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mayor Gimenez: -- if you would do that, I would appreciate it. Commissioner Reyes: -- this needs to -- this result -- this problem, because -- I mean, I been hearing about this for a long time. Mayor Gimenez: Yes. Commissioner Reyes: I don't have any objection on coming to a -- having a special meeting. I will come any time. If there is the will of this Commission, I'm all in favor of it. Chair Russell: From my side -- Mayor Gimenez: Thank you. Chair Russell: -- I need to work on scheduling. My original request was a 30-day, and since hearing this, I've asked my staff to reach out to Congresswoman Wilson's office. What I -- my understanding of what she's looking for is time to get briefed and to weigh in. I don't know if she's looking to attend or just send us her position, but that's what I'm trying to afford her. I was -- Commissioner Reyes: Yes, sir. Chair Russell: We were ready to hear this today, but I'm trying to honor that request, and we haven't heard back yet. I haven't organized my schedule, but the original request was a continuance, which would be the next Planning & Zoning meeting. I'm open to a special meeting. I recognize every time we do this, it gets everyone out of their homes and their jobs, who cares about this, and it's not very fair to every -- We need to move forward on this, and I recognize that. So I apologize from our perspective for the request for deferral, but I certainly want to honor a Congresswoman's request on an issue of this much importance. Commissioner Reyes: I do understand your position, but I really -- I mean, I have received tons of calls, pro and con, and people that had come to see me and all that. And I've been like this for months and months and months, and I think this have to be solved one way or the other, as soon -- and if -- the sooner, the better. Maybe the Congresswoman will be here, or whatever. Please, could you please contact her and see if she will be here? Chair Russell: We're reaching out even as we speak, so we can table the -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- scheduling for the moment. We may be able to figure it out by the end of the day, but I understand and appreciate -- Commissioner Reyes: Because, you see, all the people that come, and day after day, I mean, and week after week and after week, and it's about time that they don't have to come, and then go back home and then come back again. I mean -- Chair Russell: Thank you. We don't need to make the decision right now in this second. Let's continue with public comment, but I really appreciate the County's position on this. Thank you. Mayor Gimenez: One more thing, if I may? Chair Russell: Yes, sir, of course. City of Miami Page 65 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mayor Gimenez: Thank you. We also will be reaching out to the Congresswoman and briefing her on the project, and hopefully, she can get you something either in writing -- she'll have another week to do so -- and put her comments on the record. Frankly, what she put in writing really has not much to do with what's going on today. It talks about economic opportunity, et cetera. That's really not the purview of this meeting today. It's about historic preservation. So we will be reaching out to her, and hopefully, they can get that back to you. Thank you, sir. Chair Russell: Thank you, Mayor. Good afternoon. I'm sorry. Mr. -- Commissioner -- Vice Chairman Gort. Vice Chair Gort: Yes. I don't have any problem meeting next week; I'll set up time, because this is something very important. We've been going at this, I think, for 25 years; something needs to be done. And I know I have a lot of people in favor of it; a lot of people in opposition to it. And my suggestion is, I think the Mayors and the architect from the opposition, they should get together and see what they can come up with, because let's face it, we got to look at the feasibility of it. We also have to look at the liability of it. Right now, my understanding is, your CRA (Community Redevelopment Agency) is paying $6 million a year to maintain the Arsht Center. Chair Russell: Yes. Vice Chair Gort: Okay. Thank you. Chair Russell: Thank you very much. Good afternoon, Mr. Resnik. Hank Sanchez -Resnik: I'm Hank Sanchez -Resnik, 3259 Gifford Lane, Coconut Grove. I am strongly opposed to deferring this item. When I heard about it on Monday, when I heard that our Congresswoman Wilson had requested this, my first thought was, "Where did she come from? And where has she been for the last 10 years? And why is she jumping into this now?" (Applause) Chair Russell: Please, please, everyone. Mr. Sanchez -Resnik: It feels -- (Applause) Chair Russell: Please, everyone. We're going to (UNINTELLIGIBLE). Mr. Sanchez -Resnik: -- to me like you are being played, and I think you should move this now. That's all I have to say. Thank you. (Applause) Chair Russell: Thank you, Hank. Please, I will ask for people to be removed if they are out -- having outbursts. We've got to do this. This is the way we're going to get through it, professionally and efficiently. Good afternoon. Gail Garrison: Hello. My name is Gail Garrison. I am an artist in the community. I've been following this actually since 2006, when the playhouse closed. I would respectfully say, as the young -- other gentleman did, "Where has the Congresswoman been?" And to ask at this last moment for this to be deferred seems unconscionable on so many levels. All of the levels for all of you here, all of you City of Miami Page 66 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 gentlemen and ladies on the board and everybody in this audience, it's actually insulting. And I request that the deferral be opposed. Chair Russell: Thank you. Mr. Dloogoff. Steven Dloogoff. Steven Dloogoff, 3418 Franklin Avenue, Coconut Grove. With due respect to Congressman [sic] Frederica Wilson, who I personally respect and know her through my work in the Democratic Party, where has she been for the last 10 years? "Why, all of a sudden, is the Coconut Grove Playhouse of extreme importance to you? Could it be that you were approached? You have said that you were not in town." National public radio indicated that she was at the Miami International Airport yesterday protesting for the workers that are not being paid properly at the airport. Commissioner Russell, you owe the citizens of this City to do -- make this determination today. It is exactly 13 years ago tomorrow that I attended the second -to -last performance at the Coconut Grove Playhouse. It's time to open it again. I'm against the deferral of this agenda item 100 percent. Chair Russell: Thank you, Steven. If anyone who'd like to speak, please approach the lectern; and if we're all on one side, split it up so that we can just alternate back and forth. Thank you so much for your cooperation. Sir, you're recognized. Steven Weinger: Good afternoon. I'm Steve Weinger, 1881 South Bayshore Drive, Coconut Grove, Miami, Florida. And I think I speak on behalf of everyone here, regardless of our differences of opinion on the matter -- on the merits in saying that we've all set aside today to speak. This matter has been a matter of public record for over 12 years. And anyone who wanted to be heard or had a position, among other things, had the opportunity to appear before the Historic Preservation Board when they approved the master plan, including everything that's in this plan a year ago, and Congresswoman Wilson was not there. She wasn't there for the appeal of that matter. She wasn't there before the Historic Preservation Board last month. And more important, there's nothing in her note to suggest what it is that she has to have that the hundreds of us who are here today can't say. There's nothing here that says that she has some specialized knowledge or information that the residents of Caribbean descent in the area of the Grove don't have themselves that any one of us may have. So given all of that, and given the fact that she didn't reach out to anyone until hours before the hearing was scheduled and it was published, was noticed, it would seem inappropriate to defer the matter at this time. I think you should go forward, allow the people who have come here and taken off today to speak; to speak, to make their presentations. And if, at the end of that, you feel that there's some burning question you have and you want to not close the hearing, but instead, continue it, that would be a more appropriate thing than having all of us come today and have to come back again to be heard. This is a public hearing for the public, and while she is certainly a member of the public, so are all of us. Thank you. Chair Russell: Thank you very much for your comments. Good afternoon. Julian Krieger: My name is Julian Krieger. I speak from the perspective of one who lives and has an office in Coconut Grove. I am presently the President and Artistic Director of the Friends of Chamber Music, which is a concert series that has been in existence since 1956, and I've been President for 34 years. And I was the Florida Philharmonic representative on the Performing Arts Center Trust for the Arsht Center. I think it's important that this move forward. I'm opposed to further delay. I don't know that the one week that the Mayor has spoken about would be critical, but more than that, I think it's not a good idea. And this is the present plan I think I'll talk about on a substantive perspective later when -- if you open -- Chair Russell: Yes. City of Miami Page 67 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Krieger: -- but I don't think it should be further postponed. Chair Russell: Thank you very much. Anyone else? If we could please approach the lectern so we can move efficiently back and forth between them. Thank you. Come on up. Go ahead, sir. Steven Neal: Hello. My name is Steven Neal. I am a theater professional/educator, and I've been a resident of Dade County since 1985. I'm strongly opposed to delaying this process any longer. 13 years is too long to wait. And to come in at the last second and say, "Hold up. I need a voice," is wrong. So I think you should consider that. And thank you for your time. Chair Russell: Thank you. Good afternoon. David Collins: Commissioners, my name is David Collins, resident for the past 23 years, 21 of which with (UNINTELLIGIBLE) Gifford Lane Art Stroll. I'm here to tell you for another minute and 30 seconds about the context of this. The context is this: From the very first moment that Coconut Grove was taken over and incorporated into the City of Miami, the founders of Coconut Grove said, "No. You've got to give us the right to speak." So first, I thank you for hearing us still. In the '90s, there was an attempt in the Grove to de -annex. Later, (UNINTELLIGIBLE) was on the Village Council and shared this dais when y 'all weren't sitting in it for eight years. Alas, I was the Chairman of the Village Council. I formed the Coconut Grove BID (Business Improvement District), and my message is this: It was heartbreaking when a floundering economic engine collapsed in 2006, but that heartbreak does not compare to the inability of this Commission for 13 years -- it's not one person or another person. I know you've -- just here recently -- but 13 years is too long to nail the Grove. This is the single most important element in the economic future of downtown Coconut Grove. I not only urge you; I pretty much demand that you defer it. If you don't, you're wasting these people's time. Hear us and make a decision, please. Chair Russell: Thank you. Linda Schneider: My name is Linda Cardinal Schneider. I reside at 325 Ives Dairy Road, in Miami. Chair Russell: Just a moment. I want to make sure everyone gets their time. Thank you. Ms. Schneider: Thank you for the opportunity to speak on behalf of the City's plan to renovate the Coconut Grove Playhouse and bring it into the 21st Century. Before I begin, I would like to mention that I have worked with the children of the Bahamas in theater. They are as hungry for theater and culturals as we are in Coconut Grove. I remind you that when I -- when the Coconut Grove Playhouse was in its prime, it only offered traditional theater to the community. Since that time, Miami has been inundated with traditional theaters. What Miami needs now is a truly innovative regional theater that supports the theater community and offers entertainment to its residents. When I spoke to this board at the last meeting, I spoke about the value of the K-12 educational program that Mr. Adler intends to offer the children in the community. Today, I would like to remind you that Mr. Adler also intends to offer a master's degree in theater, in conjunction with FIU (Florida International University). These educational programs will be a once -in -a -lifetime opportunity for theater makers of all ages, and will draw not only from our community, but from -- but internationally as well. So I urge my friends on the board not only to look to the past, but to look -- to bring the Coconut Grove Playhouse into the 21st Century with City of Miami Page 68 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 educational programs that will grow to have global appeal. Theater is about taking risks. Will they like it? Will they understand it? Will they be able to identify it? And most importantly, will they take something home with them? Theater has the ability to change lives. So again, I urge my friends on the board, take the risk and make the Coconut Grove Playhouse the cultural center that it was intended to be, and breathe new life into Coconut Grove. Thank you. Chair Russell: Thank you, ma'am, but you didn't actually speak to the deferral or not. So that's the only thing we really want to -- Ms. Schneider: I'm asking you not to defer. Chair Russell: Not to defer. And if others -- please, I know you've brought prepared statements, and this is very important. If we get into the substance of it, that's what we want to hear. But for now, I'd like to hear about your thoughts on the deferral or not. Avi Hoffman: Great. Chair Russell: Thank you. Mr. Hoffman: If you do not defer, will we be able to speak -- Chair Russell: Yes. Mr. Hoffman: -- to the matter then? Chair Russell: Yes. And that's why I'm trying to -- Mr. Hoffman: Great. So I will not -- Chair Russell: -- get through this process quickly. Mr. Hoffman: -- be reading all this. Chair Russell: We really don't need to repeat each other. If you feel someone has stated your piece, you don't need to reiterate, but this is your time, so you are welcome. Mr. Hoffman: Thank you. My name is Avi Hoffman. I oppose the deferral for many reasons; especially, in light of the fact that 10 years ago, I had a theater company myself. I was approached by members of the board, and they said, "Come and help save the Coconut Grove." Well, guess what? 10 years later, how many meetings? How many times has this been deferred? I think it's unconscionable. I think it's time to take this matter up and make a decision, one way or another, so that we can all get on with our lives. And if the Congresswoman really cares that much, with all due respect, she can join us by Skype. Chair Russell: Thank you very much. (Applause) Chair Russell: Please, please. Thank you. Elizabeth Ponce: Hi. Chair Russell: Good afternoon. City of Miami Page 69 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Ponce: My name is Elizabeth Ponce. I am an owner of an international newspaper. I live on 4410 Brighton Place. I was about to open up -- my daughter, Amanda Hartford -- a local paper here in Coconut Grove. I proudly wear this medal, gentlemen, and I thank you for being a gentleman and saying, "Ladies first." Well, the last meeting, I felt bullied. The tactics of the lawyers were bullying tactics towards a lady in the HEP (Historic and Environmental Preservation) Board to the point that I represent mothers everywhere. My daughter, who deserves every right to be heard, to open up a business, is afraid now. So I am here to say, please gentlemen, do not break a lady's heart for -- excuse me -- a psychotic behavior. I have lived in Equator. I have confronted Mr. Correa. I have stood up for people that should not behave the way they do. And I ask you, gentlemen -- and thank you for what you said -- to support my daughter, to investigate this, and the tactics of these lawyers are not okay. Thank you for your time, gentlemen. Chair Russell: Thank you very much. Ms. Ponce: Deferral, please. Chair Russell: Okay. Thank you. Unidentified Speaker: (UNINTELLIGIBLE) deferral. Chair Russell: She was for deferral. Ms. Ponce: Deferral. Michael Leeds: Hi. My name is Michael Leeds. I'm a theater director. I've worked at Gables Stage, gratefully. I'm from Boynton Beach, and I only bring that up to say that this issue extends far beyond here; all the way through South Florida. It's really important to the theater community, and we have quite a number of people who've come from the north, and I hope you don't defer. Chair Russell: Thank you. Anyone else? We have an empty lectern. Please spread the love. Can we line up over here, as well? "H," please. I bet I know what you're going to say. H. H. Bredemeier: Commissioners, my name is H. Bredemeier. I've owned a business in Coconut Grove for 32 years. It's absurd that we defer this; it's absolutely absurd. We've been promised a new playhouse and a parking lot next to the playhouse for more than 15 years. For us not to have one -- the economic engine that Coconut Grove Playhouse drew to our area was drawing from as far as West Palm Beach. It would fill our restaurants up; it would fill our retail up; people would spend an entire day; as well as the educational arm of it that happened. It's so, so important for us to get this moving. It's imperative, and it's incredibly important for the Business District, as well. I sit on the board of the BID (Business Improvement District), on the executive board. The entire board supports it. This is a necessity and a must that we make sure this happens now. One week's too late. Thank you. Chair Russell: Thank you, "H." Hello. Melissa Tapanes: Good afternoon, Mr. Chair, honorable Commissioners. Melissa Tapanes, with address at 3767 Carmen Court, in beautiful Coconut Grove. I'm here to reiterate Mayor Gimenez' request for a special meeting in Coconut Grove. We've been waiting for this playhouse to come -- become a reality once again for many, many, many years. It is my daily commute, seeing the blue elephant on Main City of Miami Page 70 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Highway, and in Coconut Grove, we deserve more. As a land use and zoning attorney, I oppose the politization [sic] of a demolition permit. I believe that this decision must be based on substantial competent evidence, and I would like to give Miami -Dade County the opportunity to make their case before this Commission. So, respectfully, I would ask for this Commission to grant a special meeting for next Thursday so that we could all move forward. Thank you. Chair Russell: Thank you. Ms. Singletary. Nicole Singletary: (UNINTELLIGIBLE), Executive Director for the Coconut Grove Business Improvement District. The historic Coconut Grove Playhouse is located at the gateway entrances of Coconut Grove Business Improvement District's southernmost boundary, and plays an intrinsic role in the revitalization of Coconut Grove's commercial core. Since 2015, the BID has allocated $3 million to contribute to the construction of the much needed garage associated with the playhouse development. While the BID has invested in public transportation initiatives, including freebie electric cars, trolley services, in addition to the centralized valet program, the BID believes that it is in the best interest of the property owners, businesses, residents, and patrons of Coconut Grove that the City move this project forward as expeditiously as possible. Thank you. Chair Russell: Thank you very much. Mr. Armbrister. Williams Armbrister: Praise the Lord, Jesus, and good afternoon to every wonderful person at the sound of my voice. Deferral, for whatever reasons, we don't know. And the more than 10 years I've been coming to this City Hall, there have been deferrals after deferrals after deferrals. And what needs to be done is find out how the expansion of that playhouse is going to impact the abutting community. See, there's no concern about the community. If they bull -doze all the homes and build parking garages, that would be fine for those that feel like we ought to commit to the playhouse. You know, they committed to the cathedral being rebuilt, but they won't commit to the homeless and the hungry; billions of dollars in a matter of seconds. What about the people? See, man created classes of people. God created one class, and it's -- that's the human class. So we ought to be interested in what the playhouse can offer not just the abutting community, but the entire community as a whole. Where is your concern for all the people? Has anybody stood up here and said, "How's it going to impact the neighborhood, where we want to expand the Coconut Grove Playhouse?" Nobody has had that concern, but I am, and I'm here to state that concern right now. I'm on time out all this year, and I'm not supposed to be here now, but in responding to the notice, my civic responsibility is the only reason I'm here now. So make believe you don't hear me, but I hope and pray that your conscience is turned so that you'll consider, let's see the plans you have for the redevelopment of a building that has never offered the community anything at all, at any time. For three generations, my family has been here. The Coconut Grove Playhouse is good. It's a playhouse; not a theater or a place where you can -- Chair Russell: Please. Mr. Armbrister: -- you know, but what I'm trying to say is this: What I want -- in conclusion, I just want to say this: Be -- show some concern for how the playhouse - - the expansion of the proposal is going to impact the entire community. And until they do that, I think it should be concerred [sic] -- put on the back burner until a later date. Chair Russell: Deferral is your --? Mr. Armbrister: Deferral, right, right. City of Miami Page 71 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you very much. And just to -- Mr. Armbrister: Defer it. Chair Russell: -- and many people have asked about -- it's -- I can't speak for Congresswoman Wilson, but simply just reading her letter, she states: "As you might imagine, this matter is of extreme importance to me. I've been in communication with several members of the community regarding this issue, and would like the opportunity to be fully briefed, as well as to participate in the upcoming public hearing." There's more, but that's the substance of the request for anyone who wasn't sure about it. Mr. Armbrister: One last thing here. I received a notice in the mail on yesterday, a registered letter for this hearing today. It was metered in Fort Lauderdale on April 10, and the post office received it to be distributed from between the 17th and yesterday. So how many people have -- yesterday got home and found a notice in their mail that they have to pick up a letter from the post office? Something crooked -- something stink in this chicken, you know, and someone in an administrative position needs to be in a non -administrative position, or terminated, as far as I'm concerned, when it comes to this. Chair Russell: Thank you, Williams. Mr. Armbrister: Thank you. And I will submit this in the records. Chair Russell: Please do. And I'll -- let me tell you, it's not a person. We had a failed notification system. Mr. Armbrister: It's in Fort Lauderdale. Why? Chair Russell: There's many reasons of why our notification system is not effective for the community, and we need to change it. And we've set forth a budget and a mandate to do so, but it has not been done yet. Mr. Armbrister: Thank you all. (UNINTELLIGIBLE). Chair Russell: So it needs to be changed and improved. Please, sir. Brent Knowles: Brent Knowles, 6880 North Waterway Drive, and I am against deferment. I think we're here today, and we want results. I think we've waited long enough. We have voted you guys in, and we want you guys to represent us, and I think we, the majority, are speaking today against deferment. Mr. Mayor, I appreciate you saying, "Let's wait another week," but we're here today, and what does that do for our time and our investment, and all the news media that goes into getting us all here? If you defer, defer, defer, nothing's getting accomplished. So you're talking about the value of the dollar going down. Well, we're here today, and we're speaking today in favor of anti -deferment. Chair Russell: Got it. Thank you very much. Mr. Knowles: So -- Chair Russell: I like how you pulled it around. City of Miami Page 72 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Knowles: -- Mr. Chairman, I would like to say if -- you said if somebody has spoken your ideas to wait. You need as many of our votes no matter if the ideas are different or are same, so I think that is wrong for you to say. Chair Russell: It's a procedural issue; that if we carry out the deferral -- Miguel Soliman: We're all allowed our two minutes, sir. Chair Russell: You're absolutely right. You're absolutely right. Thank you, Mr. Soliman. How are you? Mr. Soliman: Good afternoon, Mr. Chair, Commissioners. My name is Miguel Soliman, 1436 Southwest 6th Street. I am here to speak against deferring PZ.8. We have a crisis in our City with low-income housing. I have walked our streets and visited too many seniors, 80, 85, 90 years old that get woken up in the middle of the night by a rat running over them; that live in a building from the 1920s that you walk on the floor and you feel like you're going to fall through the floor. These are lots with 30 units, built in the 1920s, with seniors in them that we should be ashamed of having our seniors living in those buildings. PZ.8 will bring low-income and workforce housing that we desperately need that are in crisis for to our City, costing our City zero dollars. It would all be done by private funds. And I urge you to please don't defer. They say two weeks is nothing. Go talk to a senior that gets woken up in the middle of the night by a rat running over them, or that they fell through the floor in their building and broke their leg, and ask them what two weeks means to them. Two weeks is a long time. Chair Russell: Thank you. Mr. Soliman: Thank you very much. Chair Russell: Hello. Teri Mitze: Hi. Can you hear me? My name is Teri Mitze, 8177 Glades Road, Suite 209, in Boca Raton. I'm an aide to State Representative Tina Polsky. Representative Polsky could not be here today, because she's in session in Tallahassee, so she asked me to come as her aide to represent her, and with all due respect to the Congresswoman, perhaps she could have done the same. I'm against deferral. And I will say I drove here from Pahokee, where I had a 9 a.m. meeting today. So please do not defer. Thank you. Chair Russell: Thank you very much. Hello. Marlene Ervin: Hi. Good afternoon. I'm Marlene Ervin, a 30 year resident of Coconut Grove. I live at 3066 Washington Street. I am former President of the Women's Club for four years, and I would like to ask the Commission to consider deferring this item. I think there is a lot of misinformation in the community about the project. I am very concerned about the historical precedent that this sets if the building is demolished when it's structurally sound, architecturally significant, and I think there need -- I agree with Mayor Gimenez that there needs to be more discussion by the community, so we can all come to an agreement on this situation. Thank you. Chair Russell: Thank you very much. Hello. Gloriana Calhoun: My name is Gloriana Calhoun. I live at 3665 Park Lane, and I support deferral, and here's why: As Marlene said earlier, there's been a lot of misinformation, disinformation, and other sides have not gotten out. I think when City of Miami Page 73 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 everybody hears both sides evenly -- there are other plans; there are ways to do things that just aren't being talked about now. I think in the long run, it'll be good, so I do support deferral, and to get the other information out. Thank you. Chair Russell: Thank you. Hello. Jennifer Howard Zub: Hello. My name is Jennifer Howard Zub, and I'm here today to ask for this meeting to be deferred, and help the misinformed here understand why it needs to be deferred. I have been coming to these Commission meetings, to the HEP (Historic and Environmental Preservation) Board meetings, and I have only just seen the plan the City was proposing just the last HEP Board meeting. I don't think I've ever seen it. And until then, we didn't even know that they were just saving the facade; the whole rest of it is being demolished. I was told at one of the Commission meetings by Mr. Gimenez, "Oh, we're not demolishing; we just are trying to get a parking garage built. Don't worry about it." Hey, these are the kind of disinformation that is being brought out and that is being told to everyone, and they are being told that this is a preservation project when it is not. It is a demolition project; and that is why we need to defer this so that people can understand the two sides. Thank you. Chair Russell: Thank you. That was a very interesting way to get substance into a deferral discussion. Well done, I guess; I don't know. Mr. Nord -- Dr. Nord. John Nord: John Nord, 35A Royal Palm. I grew up here; went to the playhouse many, many years. The playhouse, I used to say, is like our Sydney Opera House. It's really like Notre Dame, because, basically, it's the only historic piece we have left in the Grove, and once it's gone, it's gone. And to make a commercial enterprise out of it is a sin. A parking garage is needed; maybe some compromise between one side and the other. But the main idea is preserve the playhouse; preserve the playhouse as it is. It's a viable entity. And for those commercial interests, it's a problem, because they don't understand that. And -- Chair Russell: Deferral or --? Mr. Nord: -- I've -- move to defer it completely. Chair Russell: You're in favor of deferral? Mr. Nord: Yeah, absolutely. Chair Russell: Thank you very much. The Sergeant -at -Arms just notified me we do have people outside who are waiting to get in, and we are at maximum capacity. They can't let folks in until some folks go out. So what I'm going to ask is once you've stated your piece, please step out into the lobby and allow some more people to come in so that we can be sympathetic to their points of view, as well. They're out in the sun. Hello. Melissa Meyer: Hi. My name is Melissa Meyer. I live at 3161 Ohio Street in Coconut Grove, and I'm a 25 year resident, and I'm also a former employee of Arquitectonica; not disgruntled, but I do know a little bit about the ins and outs about how they have operated within the City over the past few years, and we have a big problem. We need to change the way that architects and developers do business in the City. A lot of deception has been occurring in Coconut Grove in recent years. In 2009, members of St. Stephens Episcopal Church -- Chair Russell: Please, if we could speak to the deferral. I know you have a lot that you really -- you know. And if we get into it -- we might get into it -- City of Miami Page 74 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Meyer: Can I (UNINTELLIGIBLE)? Chair Russell: -- and you'll have the time if we get into it. Ms. Meyer: Yes, we need to defer it, because the community is not going to fall for any more shenanigans. This project is about demolition, is about clearing the site to make way for a new bilingual MFA (Master of Fine Arts) Program for FIU (Florida International University) and an array of other programmatic activities, and other special interests. And to give you an example of how -- the extent that the County has gone to keep the true programmatic activities under wraps -- Chair Russell: Ma'am, just -- if there's anything that you would like to say that supports the deferral itself, like why you feel that it should be held over for another period of time, whether it's a week or whatever the request ends up being. That's all I'd like to limit it to at this point, please. Ms. Meyer: Well, the thing is that I live within 500 feet of the playhouse; just received notification yesterday and -- Chair Russell: Okay. Ms. Meyer: -- we need more time -- Chair Russell: Fair request. Ms. Meyer: -- to get accurate information to the citizens. And I can explain at the next meeting about the extent of the plans. Chair Russell: Thank you very much. That's certainly a fair request. Thank you. Ms. Meyer: Okay, thank you. Chair Russell: Anyone else on this lectern? Are we all --? I know there's people outside who haven't gotten in yet, so please line up, and then once you've spoken, please go to the lobby so others can come in. And you can hear what -- we've got -- I believe we have audio in the lobby, as well, but we'd love to let everyone have their chance to speak. Over here, please. Barbara Lange: My name is Barbara Lange. I live at 3901 Braganza Avenue, Coconut Grove, and I'm for the delay. And I'd like to make the point that hasn't been made here is that the County are actually the people that have been delaying this all along, and it's time that we give a congresswoman -- a congresswoman -- a US (United States) congresswoman asked you to delay this to look into maybe funding issues, other historic -- because there's already been -- Chair Russell: Please, no outbursts, please. Ms. Lange: -- a letter saying that the plan that Mr. Spring has doesn't meet the standards for Federal -- right -- funding for historic building. So the fact that a US congresswoman wants to get involved in this is a good thing. It could be Federal money coming in for the preservation. Chair Russell: Thank you very much. Sir, if the outbursts continue, you're going to have to leave. I apologize, but we have two lecterns and two microphones, and that's all I want to hear from at the time. Thank you. City of Miami Page 75 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Andy Parrish: Andy Parrish, 3678 Grand Avenue. I'm for deferral, and the reason is -- first, I want to apologize to the Commissioners, and especially to Commissioner Gort, because I'm partly responsible for this lingering issue that's been going on for years and years, because I was the Chairman of the Historic Board in 2005, when the playhouse, with a unanimous vote, all of it -- the whole exterior, anyway -- was declared historic. Unfortunately, the record that was -- the historic report that was prepared by Eleanor Guccioni, in it had said that primarily, the front facade of the building was historic, and that was to be preserved. But here's what -- her testimony -- and I have the official court transcript right here and I -- Chair Russell: Mr. Parrish, deferral or not deferral? Mr. Parrish: For deferral. Chair Russell: Deferral. And -- Mr. Parrish: But the reason I'm saying this is you have been supplied with incorrect information that I can supply right now -- Chair Russell: I don't know that that affects the deferral -- the timing issue, though. That's the only thing I want to limit it to at this point, and if we get into the substance today, if it's not deferred, we'll absolutely get a chance to take up those specific issues. And there's a lot of different positions here, but really, this is just right now about why we should or should not hear this today or at another time. That's the only thing I -- Mr. Parrish: But if you proceeded since 2005, one of the reasons this -- the playhouse itself has not been restored is because the record was never amended to show that the HEP Board, 8-0, voted to preserve the entire playhouse; yet, the historic report that one side of this argument is relying on is saying that only the front facade is to be restored. So I think it goes to the very heart of why this issue, 15 years later, is still before you. Chair Russell: Yes. Mr. Parrish: And like I said -- I started out by saying I'm partly responsible for that, because as the Chair of the HEP Board, I could have said, at the next meeting, "Let me see the record. Let me see if the historical report was amended to reflect what the board actually did," and it never was. You have conflicting -- you have a designation report -- Chair Russell: Thank you. Mr. Parrish: -- and you also have the actual record that I have of what happened at the HEP Board, and that's why you have incomplete information. And I again apologize to Commissioner Gort, who was a member of the Commission back when that HEP Board met in 2005. Chair Russell: Thank you, Mr. Parrish. Mr. Parrish: So I'm ready to -- okay. Chair Russell: Thank you. Hello. George Simpson: Yeah. George Simpson -- Chair Russell: Mr. Simpson. City of Miami Page 76 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Simpson: -- 3801 Thomas Avenue. My family's been in Coconut Grove for 128 years. Armbrister spoke; his family's been 115. So there are a lot of people who just arrived in the Grove, and they seem to have a lot of opinions. This is the fifth iteration of changing the playhouse or rebuilding the playhouse, so it's not a new thing. I'm for not only deferring it, but obviously, this is a very important issue; it affects the Coconut Grove future. And the fact is that there should be a separate meeting on this item, and not be a part of the regular Commission business. So I'm for deferral and a separate meeting to discuss this item. Chair Russell: Thank you. Mr. Simpson: Yeah. Chair Russell: Thank you, Mr. Simpson. Hello. Carmen Pelaez: Hi. My name is Carmen Pelaez. I live at 1825 Southwest 21st Avenue. I've been coming to these meetings for three years. I'm as frustrated as everybody else by the delays, but the reason there's a delay is because that is a historic building. It matters to the City, it matters to the community, and the community's needs are not being met. The Hispanic theater community has not been considered, and the West Grove theater community has not been considered in the County's plan. The reason everybody is delaying and the reason they keep losing is because they're not considering everything. We need to hear all the facts. I'm not afraid of the facts, and if I'm wrong and if we don't win, I will support the County a hundred percent, unfortunately, even if they tear it down. But we have a right to hear all the facts. One more month isn't going to make a difference. If the County got it today, they'd start demolishing tomorrow, which should take them four years to open those doors. One more month isn't going to make a difference. If you have the truth on your side, you are not afraid of the facts. You guys are leaders, and we gave you those positions. We count on you to listen to all the facts. And if Congresswoman Wilson saw that the community's needs aren't being addressed, yeah, she's going to throw her big hat into the ring now. Chair Russell: Thank you. Ms. Pelaez: And if she decides to go with the County, then she decides to go with the County. But when your truth is on your side, you're not afraid of facts. So we need deferment, because we need the time to properly discuss this and look at all the options on the table; not fear, not we're going to lose it. We're going to lose our history for sure if we don't defer. So that's my minute and a half. Chair Russell: Thank you very much. Ms. Pelaez: Thank you so much. Xavier Cortada: My name is Xavier Cortada, a property owner in Miami -Dade -- in City of Miami since 1993, at 3621 Southwest 3rd Avenue, and Chair of the Miami - Dade Cultural Affairs Council. I ask you not to defer. Voter suppression doesn't happen elegantly; it happens in ways that are unseen. And building a theater and building culture in a community is about community coming together; not being polarized. And just like tactics that suppress the vote lead people to lose trust in government, I think tactics that delay and tactics that have people come to deliberate and then be sent home and come to deliberate and be sent home, and make a process a mockery of democracy erode democracy. I ask you to look at these facts. We, as a council, have deliberated and done everything we can, because we, as volunteers, care passionately about culture, care passionately about community, and understand City of Miami Page 77 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 the role of the arts in transforming community. We are not blind. We serve 500 cultural organizations across the County, serving every demographic. We help build community. We're part of a $4.2 billion industry. We understand the role of the arts. And you know what makes us work? That community understands us, community is behind us, and community has been at every step of the way in building this proposal you're trying to defer today. Please do not defer it. You have not just the facts, but the majority of the citizens on your side through open, transparent processes. It is time today to bifurcate the broader issue that the congresswoman brings -- absolutely -- from the actual issue that is before you today; has nothing to do with what that letter writes. So please look at what the board beneath you did. Look at it, assess it, overturn it, and let's please proceed. Thank you. Chair Russell: Thank you very much. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. I am speaking of not to defer PZ.7 and PZ.8, and the reason is while people ask for two weeks, because they want us to change your mind, we're not going to change your mind. The law is simple. If you're going to build density units for affordable housing, which every single of your district need, we have the people who already bought the land, ready and waiting for these new amendments to Miami 21, which we spoke about every single meeting, okay, why do we going to go two weeks? Why can't you pass the first reading, get your information according with that you don't have or -- I know you're not going to understand it anyways by the end of the first or the second reading. We're not building in your district. We -- if we building anything in any of those district, you, as a Commissioner, has to get the density approved for it. So sometimes we have to actually say what we say; by the same time, we has to do it. You cannot be a champion of the people, but then when it comes for you to do something right for affordable housing that we desperately need in the City of Miami, you turn your back and say, "You know what? I think it's not right." It's not about you; it's about the people who actually need the units that we need to build. Unless you're planning on taking all these seniors to your house and give them housing for $600, I suggest you to look at it, at the PZ.7 and 8, and see what actually you, as a Commissioner, has to do right for your people. It's about time that you guys have to work for the people. And I'm sorry, and I am more than upset, because when somebody tell you, "Oh, yeah, we want to work for the people," and then turn around and do the opposite -- Hypocrite is what we have in this County most of the time, because they don't do what they say, and they turn around and depending on -- Chair Russell: Ms. Betancourt -- Ms. Betancourt: -- (UNINTELLIGIBLE) is what you do. Chair Russell: Thank you. Ms. Betancourt: So please, I will -- Chair Russell: Ms. Betancourt -- Ms. Betancourt: -- ask the -- it's four of you here. If the three, four of you or whatever, it's always the majority is what it normally goes to. The Mayor is helping us with these PZ (Planning & Zoning) items to -- in order for developer, who pay for the land to build for affordable housing. Chair Russell: Ms. Betancourt -- Ms. Betancourt: We have a crisis. So please -- City of Miami Page 78 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you. This legislation almost died in the last meeting, and it was saved by a consensus of this board working together to try to get it right. And to say that we're turning our back or being disingenuous -- there is a very passionate need for affordable housing, and we're trying to address it in the right way. In this particular case, it's a question of density versus single-family houses and that is always the balance we're going to work on and we want to get it right, and that's the request for the deferrals; just to get that balance right of where the density abuts single-family houses, and that we get it right. So that's what we're trying to get right. Commissioner Reyes: Mr. Chair, Mr. Chair, let me -- Chair Russell: Mr. Reyes -- Commissioner. Commissioner Reyes: -- I am -- I feel insulted. I think it's insulting that somebody comes here and calls us hypocrites, because we want to cross the "T's" and dot the "I's." You see, when somebody is talking about 140 MAI, and all of that, and reducing the lot size and -- I want to know what's going on, and I want -- I really want to know how this is going to affect it. I am not going to build this, you see? I am not a builder. I know that you have to defend that. You are a builder. I'm not a builder. You cannot come here and look at me in the eyes, and call me a hypocrite, because I'm not going to accept that, okay? I love you, I'm your friend, but better hold your horses, because what I'm doing is I'm trying to do -- to get the best for -- I mean, trying to do the best and the most efficient, and the most accessible units for the district -- I mean for the whole City of Miami. And what I'm trying to do is, if I'm going to vote on something, I have to make sure the -- with a clear conscience that I - - that we are doing -- it's not only going to benefit those that need it, but those areas that surround it, and how the rest of the community is going to be. There's nobody here that has been a biggest advocate of home -- housing for elders. When nobody was talking about that, I started talking about that. And I also -- I have knock on doors -- for seven years, I was knocking on doors in my district, and I know; and I know how much it's needed. So please, if you want something that you really want it, don't come and insult us, please. Ms. Betancourt: I'm sorry, but I didn't mention your name. If you feel insulted, it's for a reason. Chair Russell: Thank you. That's enough. We don't need the back and forth. Thank you very much. Thank you, Commissioner. Is there anyone left outside? I'd like to ask the Sergeant -at -Arms if there's others still waiting to get in. We have some empty seats in here, so maybe we've got capacity. They're all in; we're good. All right. That's great. Hello. Larry Fields: Hello. I'm here about the Coconut Grove Playhouse issue. I am urging the Commission not to defer the matter. So many people are here. They've taken their time. We've had so many of these meetings I've lost track. We thank you for being here to hear us today. I understand there's been a last-minute request, you know, for a deferral, but, you know, I run a theater in town. My name's Larry Fields, by the way, Fantasy Theater Factory at the Sandrell Rivers Theater, right here in Miami. Me and our Production Manager, we rushed right over after rehearsal. We've cleared off our agendas today. We have two shows getting ready to open; I won't shamelessly plug them. But please, I really do ask you to think about all the folks here, both those who are speaking for and against. I am for the County's plan. But please let us have the opportunity to address the merits of this today. Please don't defer this any longer. Thank you very much. City of Miami Page 79 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you very much. Is there anyone else left to speak during public comment with regard to the deferrals? Is there anyone left? Hello. We have a couple more. Thank you. Amanda Hartford. Hi. My name is Amanda Hartford. I live in 4410 Brighton Place. I am in favor of the deferral; to visit this problem either in a week or in a month. I'd like to state my opposition to the County's plan. I was at the Historic Preservation Board when the County very rudely and aggressively spoke to Ms. Lewis. They attacked her for about two hours and a half. I read part of the appeal, and the appeal is saying that she was biased. Chair Russell: We're going to try to stay out of the substance. Ms. Har ford: Oh. Chair Russell: If we get into it, we'll get right -- we'll come back to public comment on the substance of the issue. It's just to ask you how you feel about deferral. Ms. Hartford: I would love a deferral, so you guys can have time to think about what it means to have a national historic site that was designated in December 2018, interior and exterior; and then, really revisit what the County plan will do to a national historic site. Chair Russell: Thank you very much. Ms. Har ford: Thank you very much. Chair Russell: Next speaker, please. Sheila Womble: Hi. Good afternoon. My name is Sheila Womble. I'm here as a citizen of Miami, and also the Executive Director of Arts for Learning. I'm against deferral. This has been a long, thought-out process. The County has responded and provided you all the materials that you need to be able to make a sound decision, and I am in support of the County's plan. Chair Russell: Thank you very much; short and sweet. Rommel Arellan-Marinas: Hi, everyone. I am Rommel Arellan-Marinas, the actual manager of Fantasy Theater Factory. I am here to support the County's plan and to not defer the issue. I moved here six years ago when the issue was happening. I've been waiting for six years, and I know there have been people that have been waiting for a longer period of time to make a decision. So please do not defer this issue anymore. Thank you. Chair Russell: Thank you very much. Sir. Jose Fernandez-Calvo: Hi. I'm Jose Fernandez-Calvo, 3651 Percival Avenue. I very much support the County project, but I would -- if the Mayor would like to defer a week, I would -- happy to do that as -- if we can get this project approved. Thank you. Chair Russell: Thank you very much. Good afternoon. Alex Lastro: Good afternoon. My name's Alex Lastro. I'm a Coconut Grove resident, and I'm here to urge you not to defer and to support the County plan, and overturn the Historic Board previous vote. City of Miami Page 80 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you very much. Is there anyone else here to speak at public comment? Kathy Parks -Suarez: Good afternoon. My name is Kathy Suarez. I'm asking that you not defer it. But if we do have to defer it, I ask that we have the meeting next Thursday that the Mayor has asked for. I think we've waited long enough. I'm older than you are, Ken. And Commissioner Hardemon, I think that it's time we move forward. Demo by neglect is becoming all too familiar around here. The longer we wait, the less there's going to be to save. So I ask out of respect for the -- where the money's coming from that we give them what they're asking for. If you're going to defer it, then I think next Thursday should be the deadline. Thank you. Chair Russell: Thank you. Anyone else left to speak? Ken Kurtz: My name is Ken Kurtz. I work for the Coconut Grove Theater as a scenic and lighting designer, from 1970 on. I love the building, but I'm very much in favor of what Mr. Spring has done and it's a fine, practical plan and it's been well thought out, and I am utterly against any delay. Chair Russell: Thank you very much. Genevieve Orr: Good afternoon. My name is Genevieve Orr, and I live at 829 Navarre, in Coral Gables. I grew up in Coconut Grove. I'm a Grovite. Once you're a Grovite, you're always a Grovite. And this City is as much mine now as it was when I lived here as a kid, and I lived here all the way through high school. I am an architect, I am an urban designer, and I'm also a realtor here in South Florida. There is no question that this needs to be addressed. For the question, I ask for the deferral; the reason being is, I feel like there's very important pieces to this that have not been addressed that are incomplete and that need to be looked at. Number one, I feel very strongly that West Grove has not been significantly included in this whole process, and in the design of this theater. It is imperative that West Grove is an integral part to this project. Number two, I feel that the economic impact of this project, without question, is not being addressed. Just for a quick second, you look at a 300-person theater or a 300-person theater plus a 700-person theater -- because they've got both of them in the other plan -- plus all the other things, which one is going to make a bigger impact on downtown Coconut Grove? Chair Russell: You're in favor of deferral? Ms. Orr: I am in -- I want deferral. Chair Russell: Thank you. Ms. Orr: And my third thing, which is very, very important to me, is the historic preservation. When it's gone, it is gone. Thank you. Chair Russell: Thank you very much. Bernard Silverstein: My name is Bernard Silverstein. I absolutely am against deferral. I'm a member of the Board of Coral Gables Theater. This plan has been carefully thought out in all the aspects that are a concern, and it's a beautiful thing, a beautiful plan. It'll be a wonderful theater for this community, and for the region. I have strong objection to any further deferral. It's been too long. Thank you. Chair Russell: Thank you. Is there anyone else left who'd like to speak? Noramari Onate: Good afternoon. City of Miami Page 81 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Hello. Ms. Onate: Hello. I am Noramari Onate, the President of the Roxy Theater Group and I am against deferral, and I think all the questions that we might have, we have an opportunity today to been answered. We support the County project. Thank you. Chair Russell: Thank you very much. Todd B. Hannon (City Clerk): Chair, I'm sorry; the speaker's name? Chair Russell: Ma'am, your name? You've got it for the record? Thank you. Claire Savitt: My name is Claire Savitt. I live at 4141 Battersea Road. Please do not defer. This has been going on for a long time. We need our regional theater. Chair Russell: Thank you very much. Maggie Silverstein: I'm Maggie Silverstein. I ask you please, do not defer this beautifully, meticulously, well -thought-out plan. It's just a wonderful plan. If anyone had ever come to one of the meetings where the architects laid out very precisely what the intent was and why certain things could be saved and certain things were impossible to save, they would understand that it's now time to go forward with this excellent, excellent plan. Chair Russell: Thank you very much. Ms. Silverstein: Thank you. Max Pearl: I'm Max Pearl, 11850 Southwest 73rd Avenue. I've been a resident here since 1966. I'm in favor of deferring this at least a month, and I think one of the -- many of the reasons have been mentioned by others before me to discuss, and there's one that's not been mentioned, which is the fact that the whole reason we're here is that there's a complaint that there were ex parte communications between the HEP Board and other members, including myself and yet, there's been no light shed on the fact that there were similar communi -- accusation -- or similar communications between Mr. Spring, the Cultural Affairs Office, and members of the theater community. He summoned a private meeting with members of the theater community, who benefit from him financially -- Chair Russell: Deferral or not deferral? Please. Mr. Pearl: -- and for that -- I think that needs to be investigated, and for that reason, I would say we need a deferral to investigate that. Chair Russell: Deferral; that's all we needed to hear. Thank you. Francine Bubroff: Hi. My name is Francine Bubroff, and I'm a native of Miami. I don't know who to appeal, but I watched the Coliseum Bowling Alley go down; a beautiful, beautiful building that turned into Publix. This is a historic site; and yet, you're taking 90 percent of it away. I don't quite get it. There's nothing I can say to call home here. Chair Russell: Deferral or not deferral? Ms. Bubroff Deferral, please. City of Miami Page 82 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you. Anyone else? Last chance. We're going to close public comment, and this is for all of the items that have been requested for deferral. So I'll be closing public comment at this time. Going once, going twice. All right. Thank you very much, everyone, for your input. I do have some feedback, which may be a compromise; and usually, that's where nobody's happy, but here's what has been requested: Congresswoman Wilson's staff has reached out to my staff. Rather than the one -month original request, to do it at the next Commission meeting, which is in two weeks. I don't know if that works for the County. She would be ready to be here at that time, and that's two weeks, rather than one week, as was requested by the County, and that would fall on our Commission date, actually, so I don't know if that works. Mayor Gimenez: The two weeks would work; however, I would really love to have your pledge that that's the date, and that -- so everybody that showed up for here will not get another deferral; they don't want any -- something coming out of the blue. Chair Russell: All right. Mayor Gimenez: We just need to get this done, one way or the other; up or down. So, you know, we've been at this -- I know that Michael Spring's been here time and time again. The fine people that are in the audience have been here time and time again. And so, if you're telling me that that's the date and it won't be deferred, then I'm fine. But I actually think that a special meeting is actually the better way to go, because that's the only thing that's going to be heard. If you have a regular Commission meeting, God knows, you know, what else is on that meeting, and how long it's going to go. And if it goes too long, you may want to defer it again. So while I will say okay, I just want to make sure that it's going to happen on that day. Chair Russell: You -- I would be willing to commit to that. And to be fair, her -- what she did clearly actually say is that there's another date she's available for a little sooner, but I'm not. We have the chambers reserved for that date for a separate issue. So she asked for -- her first preference is to have it at the next Commission meeting, so -- Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I -- after hearing everybody here, I know that there is a difference of opinion and all that, but there is -- something that is a consensus is that this thing has to be solved. I mean, this problem have to finalize, and a decision must be made. Chair Russell: Yes. Commissioner Reyes: And my suggestion is that if we're going to do it two weeks from now, we must have a time certain, and the agenda have to be clean, and that's - - it is part of you guys -- the Administration -- to give enough time, you see. I mean, just move other issues that are going to be presented that day, and move it to other -- the next meeting, and give enough time for both parties to present. And then, we're going to have also the participation again of the public that's going to be here, and they will have -- they want to express their opinion again, very -- that's their right, you see; that we have enough time for everybody to express their opinion, and for both parties to present their project, you see? And -- Chair Russell: I can commit to that. What we'll do is, as we see the agenda for (UNINTELLIGIBLE) time certain. City of Miami Page 83 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Either that, or we have a special meeting. Chair Russell: I agree. I believe we can get it done in the Commission meeting. We will set a time certain. I'll work with the Clerk's Office that's at my purview when we -- when I see all the agenda items, all the stakeholders involved, so we can reach out to everyone, and we'll set a time certain. I -- you have my word. Commissioner Reyes: In two weeks. Mr. Napoli: Mr. Chair, if I could just -- so everybody is aware, what we have for next week -- for the next Commission meeting at a minimum, we have Ultra, we have the midyear, and we also have the Melreese item that was deferred today. So I'm just Chair Russell: It'll be a fun day; should be a fun day. Commissioner Reyes: I think that's going to take a long time, because it's going to be a lot of discussions -- Vice Chair Gort: Mr. Chairman. Commissioner Reyes: -- a lot of people coming here and talking about Ultra, and a lot of us that are going to be questioning what's going on with Melreese. So I think the option is a special meeting. Chair Russell: You'd prefer a special meeting. Commissioner Gort. Commissioner Reyes: An option is a special meeting, so they have enough time. Chair Russell: Commissioner Gort. Vice Chair Gort: I agree with a special meeting, because this is going to take a long time. And I don't mind waiting in two weeks, but I want to make sure, because we heard from both sides that's over here. I want to make sure that everybody -- everyone understands what can be done, what's really feasible, because we have some theaters, I understand, in downtown Miami, don't we? We have theaters where people can perform; am I correct? Mr. Napoli: Yes. Vice Chair Gort: Okay. My understanding is there's different plans -- and let me tell you, my appointment to the board is Lynn Lewis, okay? Which I'm sorry you guys had the problem with her, but I think that somehow, an apology is needed somewhere. But I think that gives you an opportunity for all of you to get together and get together, because I've talked to Lynn and Lynn believes there's a way to do both things, and it can be done. The architects should get together, the architects; mainly, the three, but we need to do something fast, because I've been coming since I was in high school to the Grove -- I mean, to the Grove, here. This place is dying. If we don't do something very soon, it's going to be a problem. So I'm hoping you guys get together and let's come up with a conclusion. I'm ready to vote today, but most of you guys were not going to like the way I voted today. City of Miami Page 84 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Russell: Good afternoon, everybody, and welcome back to the Miami City Commission meeting for April 25. My name is Ken Russell; I'm your Chairman. If everyone could please find a seat. We have completed the morning's agenda, our non -Planning & Zoning items, and we have about 15 Planning & Zoning items before us for the afternoon. There was a straw poll of items that may be deferred this morning, but the official action can only happen at this point at 2 -- after 2 p.m., which will be the first order of business that we take up. So what you'll hear us do is run through the items that are at potential for a deferral, and then we'll open up public comment on the deferral requests only. And what that means is, if you'd like to speak to this dais, to the Commission, and to the public, this is your opportunity, and you'll have two minutes to make the case about deferral or not deferral on those items, and it would be my request that you don't get into the substance of the item until we establish that deferral. If something is not deferred, we'll take it up today, and then we'll have the opportunity to get into full public comment on the item. But really, as we do the order of the day, we're really just trying to set our agenda, and then we'd like the public comment to be limited to that scope of discussion. I'd like to welcome our County Mayor, Carlos Gimenez, who is here. There's a few big County items on our agenda, as well, as many of you are here for; and so, we'll be taking those up. As we wait to complete our dais, we do have a quorum, but we have one sick Commissioner, unfortunately, and we have one who 's coming back from lunch. In that time, I would just like to appeal to all of you. I know that many of you are very passionate about a lot of these items that come before Planning & Zoning. It's your City, we work for you, and these are things that you care about greatly. Let's remind ourselves that in a planning and zoning capacity, we are here on a quasi-judicial fashion to deal with the law, to deal with our Code, our Charter, our ordinances, and we need to check emotion at the door. And I know there's many sides on all of these issues, but we want to recognize that each of us who is advocating for one side or another of a given issue really cares about the City and really cares about this project; just maybe in a different way than you do. So we want to try not to villainize each other. We really want to try to keep emotion out of this, even though some of these can be emotional subjects to many of you, and I do empathize with that. So what I'll ask for is complete civility in the hall. No matter how much you disagree with what somebody says, they have the right to speak here, and they have their two minutes uninterrupted. So I'd like to please ask no applause, no boos, no hissing, no throwing anything, even at me, even if you feel like it. I -- please, and we're going to get through this. And so, if I've got my -- Commissioners, I've lost my quorum, but we're figuring it out. Commissioner Reyes: We got quorum. Chair Russell: We've got them. They're just getting through. I will start with asking our procedures to be read for -- from the City Attorney for the Planning & Zoning agenda, please. Victoria Mendez (City Attorney): PZ (Planning and 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 City Attorney on the 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 may [sic] be heard may be at such later date before the City of Miami Page 85 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 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 must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testing must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Section 2-8. Any documents offered to the City Commissioners that have [sic] been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Russell: Thank you very much. Mr. Garcia, I just wanted to ask if there are any items to be deferred or withdrawn or continued from the Planning & Zoning agenda. Francisco Garcia (Director, Planning): Sir, I have received no official requests from any applicants to that effect. I do understand that there is an interest on the part of some parties to continue some, but I will defer back to you for consideration of that -- of those requests. Chair Russell: Thank you very much. Commissioner Reyes. Commissioner Reyes: Yes. There is PZ.1 and PZ.2; those are two items. They are in Commissioner Carollo's district. I think, in deference to him, that we would like to defer them. Chair Russell: He did request that in writing. Commissioner Reyes: I was request -- Chair Russell: Thank you. So noted. And just for the record, we did a bit of a straw poll this morning just to give notice to the public of some intention to potentially defer; although it can only legally happen after 2 p.m. We discussed PZs.1 through 6; 1, 2, 3, 4, 5, and 6, as well as PZ.15, and those include the zoning changes in Commissioner Carollo's district; the Liberty Square items, as well as the playhouse issue. We'll get into the discussion of those, but I just wanted to formalize the request. So we have PZ.1 and 2. Commissioner Hardemon is still coming back. I just got word he's on his way, but he did request this morning, if I'm not mistaken, 3, 4, 5, and 6. He is here, and so, I'll let him speak for himself on the deferral request. And then my request this morning was deferral of PZ.15, based on a letter received from Congresswoman Frederica Wilson, as the Chair of the Bahamian Heritage Initiative, and I've asked for a copy for all Commissioners to see. She's taken an interest in this item, as the playhouse is on the National Historic Register, as well as her interest as Honorary Chair of the Bahamian Heritage Initiative, for a deferral. So I would like to honor that. Are there any other items to be requested for a deferral? City of Miami Page 86 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Garcia: Mr. Chair, as pertains to the recommendation made by Commissioner Reyes pertaining to Items PZ.1 and PZ.2, I have consulted with the applicant; they had acquiesced. They are happy to hear a motion for a continuance. Chair Russell: Okay. And I believe Commissioner Carollo asked for a one month, so it'll be a continuance to the next like meeting, correct? All right, so that's for PZ.1 and 2. Mayor Francis Suarez: Mr. Chair. Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. Yes. I'd like to defer PZ.8 to the next Commission meeting. I think there's some confusion on how PZ.8 applies and to what it applies, and how it will -- may potentially affect T3s. So I wanted to meet with Commissioner Reyes -- Commissioner Reyes: Yes. And Commiss -- Mr. Mayor, isn't PZ.7 and 8 both related? Chair Russell: Yes. Mayor Suarez: Yes. My apologies. Commissioner Reyes: So we have to include -- Mayor Suarez: That's correct. Yes. Commissioner Reyes: Yes, sir. Mayor Suarez: So both -- Commissioner Reyes: Thank you very much, sir. I really need more information about that. Mayor Suarez: You got it. Commissioner Reyes: Okay. Chair Russell: Yes. So that's PZ. 7 and PZ.8. Thank you. Commissioner Hardemon, we're just doing the order of the afternoon and recalling your mention this morning of PZs.3, 4, 5, and 6. Will you be requesting a deferral of those items? Commissioner Hardemon: Yes, I will. Chair Russell: Okay. So at this point, I'd like to open up to public comment with regard to this vote. Is -- let me start with, is there a motion on the order of the day as has been stated? Commissioner Reyes: I move it. Chair Russell: It's been moved by Commissioner Reyes -- Vice Chair Gort: (UNINTELLIGIBLE). City of Miami Page 87 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: -- seconded by Commissioner Gort. We're going to open for public comment. Now, as I said, each person will have two minutes. If you could line up to each lectern to discuss not the substance of the issue or the item, but rather the timeliness. If there is a sense of urgency with regard to why we should hear something today versus defer, that's what you'll be speaking to. Please, try not to get into the substance of the item. Everyone will have two minutes to speak. You'll hear a small buzzer; that's about your 30-second wrap-up notification. And we have a lot of folks, it seems, who may want to speak, so please try to stick to that. You -- please let us know your name, let us know the item you would like to speak about; you can talk about it by subject or PZ number, if you know it; and if you would like, you're welcomed to give us your address, but you don't have to. Pauline Winick: Pauline Winick. Chair Russell: Just one moment. I believe we need to swear in or -- Vice Chair Gort: Yes. Chair Russell: Yes. So Mr. Clerk. Mayor Suarez: The "Pauline Winick?" Wow. Ms. Winick: Mayor Suarez, yes. Mayor Suarez: Good to see you. Ms. Winick: Nice to see you as well. Mayor Suarez: It's been too long. Ms. Winick: Long time. Mayor Suarez: It's been too long. Great to see you. Chair Russell: Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Later... Chair Russell: Remainder of the PZ (Planning & Zoning) agenda's deferrals, Mr. Clerk. Mr. Hannon: Can we just give it 30 seconds? Because I want to go down the entire list -- Chair Russell: Yes. City of Miami Page 88 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Hannon: -- as to what's being deferred, and to what date. Chair Russell: All right. Thank you, everyone; if you could exit the chambers if you're not staying for the remainder of the meeting, please, and thank you all for coming. All right. If we could please reconvene the meeting, even though we never recessed it? We just wanted to clear for a moment. Anyone who's staying for the remainder of the Planning & Zoning agenda, we're still on the order of the day, trying to determine what we will or will not defer, continue, or withdraw. Mr. Clerk, can you read off for us the list of what we're looking at here? Mr. Hannon: Thank you, Chair. At 2:28 p.m., a motion was made by Commissioner Reyes, seconded by Commissioner Gort to continue to May 23, PZ.1 and 2; to defer to June 27, PZ.3, 4, 5, and 6; to defer to May 9, PZ.7 and 8, and that's what I have for my list. Unidentified Speaker: And do we have a motion? Chair Russell: Do we have a motion yet on those? Mr. Hannon: Yes, sir. Commissioner Reyes made the motion, seconded by Commissioner Gort, at 2:28 p.m. Chair Russell: Perfect. Thank you very much. I'm sorry, ma'am, you had a question for me. Unidentified Speaker: (INAUDIBLE). Chair Russell: You're on the record, so I need you to be at the microphone. Unidentified Speaker: (INAUDIBLE). Chair Russell: Could you -- my office will be glad to help you. I apologize. We're just back in session. Thank you. I'm sorry. We just either have to do it on the record and on the microphone, or -- we can't at this point. So is there any further discussion on the Items PZs. 1, 2, 3, 4, 5, 6, 7, and 8? Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Later... Chair Russell: The next is -- 11, 12, and 13 are companion items regarding the produce SAP (Special Area Plan). I'll start with opening for public comment, please. So anyone here who would like to speak on the SAP with regard to the Allapattah Produce Site, please approach either of the two lecterns. Ms. Leiva, would you like to speak? Vicky Leiva: I'm going to do the presentation, so I'm -- Chair Russell: Okay. So public comment; then we'll start. Lyle Stern: Hi. Good afternoon. Lyle Stern, 1330 -- Chair Russell: Do you need a swearing in, Clerk? Do you need a swearing in, or did you already swear in everyone? I think you just arrived though, didn't you? City of Miami Page 89 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Stern: I did. Chair Russell: Okay. Mr. Hannon: Then I'll go ahead and administer the oath. Do you --? Chair Russell: Why don't we swear in anyone who's going to speak for the remainder of the day right now; why don't we do that? Mr. Hannon: Anyone who has not been administered the oath for the remaining Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.1 was continued to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." City of Miami Page 90 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.2 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.2 was continued to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." PZ.3 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.3 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." City of Miami Page 91 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.4 ORDINANCE Second Reading 5231 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, 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.4 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.4, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." PZ.5 ORDINANCE Second Reading 5228 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 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," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.5 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. City of Miami Page 92 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 For minutes referencing Item PZ. S, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." PZ.6 ORDINANCE Second Reading 5229 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, 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.6 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.6, please see "Order of the Day" and "PART B: PZ - Planning and Zoning Items." City of Miami Page 93 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.7 ORDINANCE Second Reading 4677 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), 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: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.7 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item PZ.7, please see "Public Comment Period for Planning and Zoning Items" and "PART B: PZ - Planning and Zoning Items." City of Miami Page 94 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.8 5310 Commissioners and Mayor - PZ ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, 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 PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.8 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item PZ.8, please see "Public Comment Period for Planning and Zoning Items" and "PART B: PZ - Planning and Zoning Items." PZ.9 RESOLUTION 5641 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXCEPTION PURSUANT TO SECTION 4-3(A) AND SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN EXTENSION OF HOURS OF OPERATION FROM 3:00 A.M. TO 5:00 A.M. FOR THE SALE OF ALCOHOLIC BEVERAGES FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 NORTHWEST 7 AVENUE MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0166 City of Miami Page 95 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Which brings us to PZs.9 and 10 -- 9, PZ.9. It's a stand-alone. Who is presenting on that issue? Hello. Samuel Rubert: Good afternoon, Commissioners. Sam Rubert, on behalf of Taberna las Rosas, LLC (Limited Liability Company), at 2898 Northwest 7th Avenue. We're here on an extension of hours for an approved bar/lounge/tavern at that location. We went before the PZAB (Planning, Zoning and Appeals Board), and they granted the exception. And unfortunately, they recommended disapproval of the extension of hours despite staffs analysis and recommendation for approval. We agree with staffs recommendation. The principal of the applicant is here to answer any questions you have. We have been working closely with our landlord and the NET (Neighborhood Enhancement Team) Office. We have security staff every night that we're opened, from 10 p.m. till close. The parking lots are lit up. We have security cameras that we've added there; they've lit up the streets. We really have no major issues, and we hope that you'll see to grant the application. Chair Russell: Thank you very much. Commissioner Gort, I believe this is in your district; if you'd like to weigh in. Vice Chair Gort: Yes. My understanding, the Planning Department, you recommend is my understanding? Francisco Garcia (Director, Planning): That is correct, sir. Our recommendation is for approval on both counts; both the use itself -- Vice Chair Gort: Right. Mr. Garcia: -- and also the extension of hours, subject to the conditions that are on the record, and I believe those are acceptable to the applicant. Vice Chair Gort: Could you go over the conditions, please? Mr. Garcia: Absolutely, sir; I'm happy to. They're actually rather a few, but I'm happy to start with the most salient ones. They are that the establishment shall be developed in accordance to the plans submitted on record; that the alcohol service establishment shall not add outdoor patios, smoking areas, or other congregating areas outside of the structure without the approval of a new exception, so that is part of this exception; that it shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m., the following day, unless said music devices are played or operated in a closed building, and the sound is not audible from the outside of the building so as to disturb the quiet and comfort or repose of persons in any dwelling, hotel, or other type of residence nearby. It makes reference to the noise standards in Chapter 36 of the Code, and it -- from that point on, no loitering, drinking, et cetera. And I think the rest are fairly generic, but I think those are the most salient ones. Vice Chair Gort: Thank you. You agree with that, right? City of Miami Page 96 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Rubert: We do. Vice Chair Gort: Okay. My understanding, you met with the NET Office; you also met with the commander? Mr. Rubert: Commander (UNINTELLIGIBLE). Vice Chair Gort: The Police Commander. I have gone by the place two or three times, and where 2nd Place -- Northwest 7th Avenue is changing quite a bit. A lot of legal events is beginning to take place in there. And the crowd that used to go there -- it's completely different, the crowd that goes now. You got a lot of young professionals that exist in there, which is what we need to stimulate the economics in that district, so for that reason, I'll move it. Commissioner Reyes: I'll second it. Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes, and that is as written in the item, correct? Vice Chair Gort: Correct. Chair Russell: There's no amendments? Mr. Garcia: That is correct. There is one more note that I'd like to add for the record, because this to some extent is precedent -setting. This particular property, although zoned T4-O, is actually bounded by -- so front and on both sides -- industrial districts -- Vice Chair Gort: That's right. Mr. Garcia: -- DI and D2. So I think it's entirely appropriate to have it used where it's located. Chair Russell: Thank you very much. It's been moved and seconded. Is there any further discussion? Actually, have we opened public comment for all the items, other than the deferral issue; we have not, have we? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Is there anyone who'd like to speak on this item? I'll open public comment for anyone who'd like to speak on this particular item. Hearing none, I'll close the public comment. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And that's PZ.9. City of Miami Page 97 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.10 5638 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXCEPTION PURSUANT TO SECTION 4-3(A) AND SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT AN EXTENSION OF HOURS OF OPERATION FROM 3:00 A.M. TO 5:00 A.M. FOR THE SALE OF ALCOHOLIC BEVERAGES FOR THE PROPERTY LOCATED AT APPROXIMATELY 2519, 2523, AND 2525 NORTHEAST 2 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0167 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: PZ.10; similar item in District 2. Is there anyone presenting on this item? Samuel Rubert: Yes. Good afternoon, Commissioners. Chair Russell: Hello. Mr. Rubert: Sam Rubert, on behalf of the applicant, FMD Liquors, Inc., at 2523 through 25 Northeast 2nd Avenue. We again had the opportunity to review this with staff. We have a staff recommendation of approval. It's the same item; to extend hours from 3 a.m. till 5 a.m., for the service of alcohol beverages, in connection with an approved exception to be a bar/lounge/tavern. We went in front of PZAB (Planning, Zoning and Appeals Board) on that item. They recommended approval, as well, so we have both staff recommendation of approval and PZAB recommendation of approval, and we hope that you would see fit to grant it, as well, today. Chair Russell: Thank you very much. Francisco, any comments? Francisco Garcia (Director, Planning): None, other than to say the conditions that I read into the record for the previous item -- and I'm happy to read them into the record again, if you so wish -- also apply to this establishment. In addition, this particular establishment, the one at 2519 Northeast 2nd Avenue, had a different set of plans submitted by a professional engineer that also took care to address noise impact, and is going to be handled, absolutely, onsite. I'll take a moment to read into the record a couple of the most salient conditions again. Alcohol service establishment shall not add outdoor patios, or other congregating areas outside of the structure. And most importantly, it shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments, et cetera, or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m., the following day, unless said music devices are played or operated in an enclosed building, and the sound is not audible from the outside of the building, so as not to City of Miami Page 98 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other types of residences. Chair Russell: Thank you very much. I'd welcome a motion on this item if there's any who would move it. Moved by Commissioner Reyes; seconded by the Chair. This is PZ. 10. Is there any further discussion from the dais? Commissioner Hardemon: (INAUDIBLE). Chair Russell: I apologize. I thought that -- Commissioner Hardemon: Yeah, (UNINTELLIGIBLE) Commissioner Russell. Commissioner Reyes: PZ. 10 -- Mr. Rubert: I believe this is Commissioner Russell's district. Chair Russell: Yes. Mr. Garcia: PZ.10 is in Commission District 2, sir. Vice Chair Gort: Right. Commissioner Reyes: Yeah, PZ.10. Commissioner Hardemon: I know sometimes they mess it up when they print it so that -- there have been times where it's printed as one Commissioner's district, but it's actually the other. So you already have a motion, and I'll second it. Chair Russell: But do we have clarification that it is in --? Mr. Garcia: It is in District 2, sir. Chair Russell: It is; we're correct on it. Okay. But you are right; it has happened. I've noticed that, as well. Any further discussion from the dais? Commissioner Reyes: No. Chair Russell: All in favor, say "aye." Todd B. Hannon (City Clerk): Chair, your public comment. Chair Russell: Thank you very much. Is there anyone here who would like to speak on this item? I'm opening public comment on PZ.10 only at this point. Hearing none, I'll close public comment. Thank you very much. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And that is PZ.10. City of Miami Page 99 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.11 ORDINANCE Second Reading 5525 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 "INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE 8.25 ± ACRES OF REAL PROPERTIES LOCATED AT 2140 NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21 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. ENACTMENT NUMBER: 13836 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 PZ.11, please see "Order of the Day." Chair Russell: You have two minutes, sir. Please give us your name, and the floor is yours. Lyle Stern: Thank you. Lyle Stern, 1330 Northwest 22nd Street. I'm here to support the project. I am thrilled that we have the opportunity to bring such a revolutionary, exciting project to Miami, let alone to a neighborhood that will be enhanced by its employment, its residential base, its landscaping, its contribution in retail and in housing, and its connectivity to the rest of Miami on the Metrorail Station. So I'm thrilled to support it. I thank you for your time. Chair Russell: Thank you very much for your comments. Carlos Miranda: Carlos Fausto Miranda, 1305 Northwest 22 Street. So I'll try to be brief. I mean, in the last -- I opened up my first business about 12 years ago in Allapattah, so on a near daily basis, I've been in, around, and involved with Allapattah. And in that period of time, I have never seen a single effort, issue, or program generated by a private entity that has been nearly potentially as beneficial as this measure today is. So Commissioner Gort, you've spent many, many years in a near solitary battle, trying to set this community for the future, and, you know, we're eternally in gratitude for that. But I think we're very fortunate today to see that finally, there's a private entity willing to sort of inject a dose of adrenaline into those efforts. So I'm here just to speak very briefly, to say I support this measure. I think it's the greatest private venture for employment, cultural vitality, and economic development that this neighborhood has had, and I certainly hope that you guys will also support it. Thank you. City of Miami Page 100 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you. Next comment. Peter Ehrlich: Good afternoon. Peter Ehrlich. My address is 720 Northeast 69th Street, and I'm here speaking in favor of the project. It's a great developer, great architect, very interesting design, seems to be extremely beneficial to this neighborhood, and I hope you'll approve it. Thank you very much. Chair Russell: Thank you. Vice Chair Gort: That's a first. What are you doing? Commissioner Reyes: That's a first. Do you believe it? Commissioner Hardemon: You know, they have rooming houses. Commissioner Reyes: Do you believe it? I mean, am I dreaming, or what? Is this a nightmare? Brenda Betancourt: Definitely the first. Commissioner Reyes: That's true. Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. This is a project that I think we just -- not just commend Willy Gort, our Commissioner for that area, to work on it. And for so long time, we been working to get things done in Allapattah; not just for the small business who wants to actually open up in the area, but the people who actually need to work for it. To me, I think it's important not just to do it in Allapattah, but doing it in other areas where our US (United States) -- just all our small businesses are having a hard time. For those of you that don't know, those who want to get Certificate of Use right now with the new ordinance of DERM (Department of Environmental Resource Management) is having a hard time. Allapattah have a lot of small businesses; small restaurants and cafeterias, and other businesses that having a hard time with DERM. So if we can create something to help not just this project, but all the project with the small businesses, really appreciate it. I think we all need it. Miami 21 is not perfect, and we have made so many amendments, and we hope that we can receive the support from you to get those amendments done correctly for the benefit of the people. Remember, no small business, no taxes. Instead of be having empty lot, having a unit or building or houses or duplexes, or whichever it is in those empty lots, give more money to the City than having just land. So the same way with this project. If we going to have more businesses producing money, making more employments, I think it always be good. So thank you so much. I'm in support of PZ.11. Chair Russell: Thank you. Next speaker, please. Miguel Soliman: Good afternoon, Commissioners, Mr. Chairman. My name is Miguel Soliman, 1436 Southwest 6th Street, and I'm here to speak in support of PZ.11. I have my office in your district, Commissioner Gort, and I look forward to having this improvement in that district. I think it'll be extremely beneficial. It's a great project for the area, and I look forward to going to lunchtime from my office to this project, and perhaps having lunch, or whatsoever. I -- just one real quick recognition I wanted to do for a great Police Commander that I don't think we recognize enough. Commander Nerly Papier from Little Havana is doing a great job, an awesome job cleaning up our streets in Little Havana, and I just had to take this opportunity to recognize her and thank her very much for the great job she's doing. Thank you. City of Miami Page 101 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you very much. Vice Chair Gort: She's a great Commander. Chair Russell: Are there any more members of the public who'd like to speak on the product SAP (Special Area Plan)? Monica Tewani: I have to list all the properties that I represent, or can I just go ahead and list one? Vice Chair Gort: You can do one. Ms. Tewani: Okay. Thank you, because the last time, I listed all of them. My name is Monica Tewani, from MST Corp. I'm here representing the company, as well as my family, and we've invested heavily in the area over the years. I came to the last hearing and I became part of the Allapattah Coalition. I speak on behalf of myself as well as the coalition to say that we support this project very much so. We know that it is going to elevate the neighborhood. I know that there are certain issues that the coalition had discussed with Commissioner Gort. I trust he'll address whatever he feels is necessary in the best interest of the area. We do hope that this gets passed, and we look forward to seeing this beautiful project become part of our neighborhood, so thank you. Chair Russell: Thank you very much. Anyone else before I close public comment on this particular item -- these three items, actually? All right. I'll be closing public comment, and we have Ms. Leiva presenting. Vicky Leiva: Good afternoon. For the record, Vicky Leiva, with the law firm of Bilzen Sumberg, at 1450 Brickell Avenue. I am joined here today by Jeff Weinstein, who is representing Miami Produce, LLC, which is the applicant, and we are joined by our architect, Kay Bergman from -- John McMillan, from Kimberly [sic] Horn. And unfortunately, Andy Dolkart, our economist, could not be here. I also have here with me Carly Grimm, from our office. And you heard a full presentation of this project last time. I'll be happy to do a full presentation if that's what you wish again, but since it received approval from all of you, I would rather just make ourselves and our team available to answer any questions, with the exception that I would like to make a proffer into the public record, and to bring you up to date to the fact that we had a great meeting with the neighborhood on Tuesday. It wasn't really a meeting. And, you know, I attend a lot of these types of get-togethers, but this was truly a conversation, and it was enlightening, and I am, myself personally, very thankful to the way that Allapattah has come together to assist us in making this a better project. The proffer that I would like to put into the record is to have as an additional condition of the project a contribution of $25,000 annually for the next 20 years for scholarships, commencing on April 15, 2021. The funds will be given to the Bayside Foundation, which specializes in scholarships, and, in fact, was created by the City of Miami back in the day. We probably -- some of us remember. And that would be for scholarships to residents of Allapattah. Commissioner Reyes: It's going to be earmarked for residents of Allapattah? Ms. Leiva: Yes. Vice Chair Gort: Yes. Commissioner Reyes: Okay, fantastic. Chair Russell: So that's a total 500,000? City of Miami Page 102 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Yes. Ms. Leiva: Yes, sir. Commissioner Reyes: Yes, sir. Chair Russell: Thank you very much. Vice Chair Gort: The -- in addition to that, the scholarship is also -- can also be applied to the -- if it fits -- schools that you're going to have within your property. Ms. Leiva: Okay. Vice Chair Gort: That makes it a lot easier. Ms. Leiva: So the scholarships could be to some of the schools that will be onsite. Vice Chair Gort: And the reason I use Bayside, Bayside is going to be funded for next year, also, with some of the funds from here for about $150,000. It's the -- also, the trade school, which is very important, that'll give you a chance -- I don't think you're going to pull the permit for -- approved here today -- for a whole year. Ms. Leiva: That's correct. Vice Chair Gort: So I think that'll give you an opportunity to train some of the people that needs to get a job in there, because that's one of the things that really I'm interested in; that we hire people; we make the community development that needs to be done in there. Ms. Leiva: We do have priority hiring in the project. Commissioner Reyes: As I stated when we met, that I think that this is going to be successful, because those ideas that you have of -- well, I'll say "rooming houses." I call it -- Ms. Leiva: I believe it's "co -living." Commissioner Reyes: -- co -living. Well, I think it's -- Vice Chair Gort: Co -living. Commissioner Reyes: -- yes. I mean, we have to be more politically correct now; it sounds pretty; it sounds much better. But give -- due to the fact that Miami Dade College is building a new facility there, and all the interns and nurses, and people that live in the surrounding areas that work particularly in the health system, that it is in that area, and the schools that are in that area, I think that this will succeed. But my -- also, I stated that one of my main concerns is that the people from Allapattah will be the -- will have a job; that you will provide employment preferably to people that they are residents of Allapattah, because I've been here for a long, long time, and Commissioner Gort can assess that Allapattah has been always -- I mean, at one time, it was the (UNINTELLIGIBLE) dumpster of the City of Miami. Everything that -- you build a jail, you build it in Allapattah. You build this, you build it in Allapattah. But always have been neglected, and it is about time that we start doing things that will really benefit the residents of Allapattah, and will employ the people that live in Allapattah. City of Miami Page 103 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Ms. Leiva: Thank you, Commissioner. We see this as the spark to start a renaissance -- Commissioner Reyes: Good. Ms. Leiva: -- for Allapattah. Vice Chair Gort: What other things that we're doing? Ms. Leiva: Excuse me? Vice Chair Gort: My understanding, we have certain jobs that we're asking that we're going to be performing, we're going to have 32 percent, and we're going to have -- we're going to work very close with the people and the neighborhood, and the organization, to make sure when you open your job fairs that we have people going to the job fairs and they can apply for it. Ms. Leiva: Absolutely. Vice Chair Gort: Now, my understanding is one of the districts that we talked about, we very much were -- there's a map. I think we can look at that map and try to get it from the map. And I told the NET (Neighborhood Enhancement Team) Office, and I told the coalition, told them that we got to make sure you get people and you take them there and let them apply for. At the same time, I understand that when you keep certain time, you're going to qualms them. As soon as we qualms we'll move on to the next one, because we also have to give people -- to get the work, because right now, let me tell you, there's a lot of request for jobs opening, and I don't see people apply for. And most importantly, we're going to be able to train before you start your -- doing your development, so they can be qualified for the jobs, because many a times, they did not -- they're not hired because they're not qualified. Ms. Leiva: There -- the Public Purpose Package does include training and jobs, and it does give priority. We have several priorities so that we start from the closest priorities, based on zip codes -- Vice Chair Gort: Right. Ms. Leiva: -- out towards the rest of the City. Vice Chair Gort: But we have a little map; that we want that first, and then we go to the other priorities, okay? Anything else you going to add? Ms. Leiva: We will add the map and supplant it. Vice Chair Gort: The most important thing a lot of people don't understand, this archi -- show the architecture if you have one, because this is being built right next to buildings of affordable housing. And the open area that's going to be created is going to be able to be used by the people that live in affordable housing, which they don't have that much acreage or that much green space, so those people are going to receive the benefit of that open area. Now, I want you to show one of the buildings itself. Francisco Garcia (Director, Planning): While they are searching for the information, I thought I'd add into the record to Commissioner Gort's point that they are proffering and they are required as part of the SAP to provide 36,000 square feet of open space, and 17,900 square feet of civic space. So to his point, there will be an City of Miami Page 104 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 ample amount of enhancement (UNINTELLIGIBLE) public space for the enjoyment of all. Vice Chair Gort: Now, let me tell you what's happening in that area, the Health District. The University of Miami is increasing their hospital facilities. Jackson is -- as you can see, they're building two new buildings on their facility. You can also say Miami -Dade is building a new facility, which is going to be more professionals in there, which we -- so much needed in there. And my understanding is also, they're applying for a barbecue place, which I think people are looking forward to have a barbecue place that -- within Allapattah. I just want you to see some of the -- why I'm so much in support of this. The landscaping that's going to be provided; all the other benefits, I think if we can put them in the record, Francisco, the -- they can do the advertising for people to use public areas. They're going to have -- it's in your package, but I'd like for you, if you can, put them in the record. Mr. Garcia: It may very well be that the -- Jeff Weinstein: I can handle -- Mr. Garcia: -- applicant is more handy than I, so I'll defer to the applicants. Mr. Weinstein: So I think one large point that we've spoken a lot about is that there's not one tree on the entire site. And something interesting with the approval process with the Planning & Zoning people and the City staff, they asked us to submit a tree survey, and it was the fastest tree survey that anybody's ever performed. So essentially, we're going to be completely "greening" [sic] the site. And another large point is that if you see the public street that's going to run down the middle of the property today, the site, if you're familiar with the market, is completely fenced off, full of 18-wheelers, and we hope that in the future, people are going to be walking their dog and grabbing a bit to eat, and we invited everybody, because we're going to be actually opening the barbecue place in the next couple of months, so there'll be -- finally be somewhere to grab a beer in Allapattah. Vice Chair Gort: Let me add a little things. They're going to be walking their dog. Make sure you put the little post with the little bags. Mr. Weinstein: My pleasure. Vice Chair Gort: Thank you. Commissioner Hardemon: I have a quick question. Vice Chair Gort: Okay. Commissioner Hardemon: Was there any discussion about labor peace in this whole development? Mr. Weinstein: We actually were approached in regards to labor peace, but we're building a very small hotel that's planned on the site. And with the price that's anticipated for the rooms, and the fact that it's not a large convention hotel, from an affordability standpoint, we don't think that it works. Commissioner Hardemon: What's a small hotel; what is that? Mr. Weinstein: Between 150 and 200 rooms, with no convention and banquet facilities. City of Miami Page 105 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: It's a hotel. That's a hotel, hotel. It's not like a -- a small hotel is like a motel, like Motel 6. Mr. Weinstein: Yes, Commissioner. I think, compared to a Disney -- Commissioner Hardemon: 20 rooms, 25 -- let me see. If I have 120 rooms, for instance -- right? How many employees do you anticipate working? How many maids would you have -- if that's the proper term for them -- with 120 rooms? Mr. Weinstein: I don't know specifically how many maids we would have. Commissioner Hardemon: Okay. Say that the law allows one person to make at max -- what? --10 beds a day? Clean 10 beds a team. Mr. Weinstein: I couldn't hear you. I'm sorry, Commissioner. Commissioner Hardemon: No, I'm wondering what the law would require for someone who was maintaining those rooms. Is the law like 10 rooms per day? Mr. Weinstein: I'm not aware of what -- actually, to be honest, we're not hotel operators. Commissioner Hardemon: Well, it's important, because this is about -- to me, it's about people, right? So if you want to have a hotel that you -- says it's small at 120 rooms or so -- at some point, these sorts of things become very important to someone like me, because it's good to treat -- especially in Miami. I think Miami has turned into one of those places where the industry, the hotel industry is becoming very friendly to labor peace agreements, so there are a number of brands that have more hotel rooms than you do that are friendly to these labor peace agreements. And what I've found is that they're creating better relationships between the employer and the employee. It hasn't shown that it's a major increase in cost to you; that's not what I've seen. If you've seen something different, then, you know, you can present it, the information, and then maybe we have someone here that can present a counter -argument to that. But certainly, you know, I -- this is -- the labor peace agreements seem like no-brainers now in the sort of -- in where the City of Miami is going, and it's not as if anyone's asking for a contribution from you. In fact, you're asking for something from us. You're asking for a waiver of an SAP requirement, which is the nine acres. And so, where is the give? Mr. Weinstein: So I think that the -- it's a fair question. I think that what we've seen in our research, talking to brands; talking to operators, both locally and nationally is a hotel of this size, you know, though it may seem or sound larger to you, if you look at where these labor peace agreements have gone into hotels -- for example, in the State of Florida, most of these properties are large-scale convention -oriented hotels that have higher priced hotel rooms. So, for example, the Fontainebleau on Miami Beach, hundreds and hundreds of rooms, but also has a major convention/banquet facility that they can -- that they are relying on to produce revenue. Here, this hotel essentially is stand-alone, separate from any retail or restaurant activities. Commissioner Hardemon: So tell us then what's the big --? So besides the fact of the size of these hotel rooms -- because you can have a boutique hotel, and the price for the rooms are much more than the room would cost if you were at the Fontainebleau. I mean, you can go to the Fontainebleau and get you a room for less than $200 a night if -- you know, it depends on what day you go there. Some day -- you can go to Motel 6 during the homecoming at Florida A&M University, and it'll cost you $500 for a room. So -- City of Miami Page 106 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Weinstein: I think the difference is at the Motel 6, they don't have a 400-seat (UNINTELLIGIBLE), for example, on the ground floor lobby that produces a significant amount of revenue. So a lot of these hotel businesses are much more reliant on the food and beverage than they are on the rooms. So -- Commissioner Hardemon: This is true, this is true. Mr. Weinstein: -- and from a convention perspective, for example, the Fontainebleau can house 800 doctors and feed them and drink them and take them to the beach and take them to the pool, and they have a really captive audience. You know, we're seeing this as a much more transient hotel, close to the airport and the Health District. They cannot rely on those -- on that source of revenue. Commissioner Hardemon: Right. But there has to be something more than just hotel rooms being rented that you're depending on for a source of revenue for this project. Mr. Weinstein: Well, the -- an operator will hang their flag there. The food and beverage is actually a completely separate facility that will be leased to other operators, so -- Commissioner Hardemon: So what you're afraid of is that you're afraid of the restrictions that may make your -- that would -- that you believe would keep an operator from coming to your facility? Mr. Weinstein: Absolutely. Commissioner Hardemon: Right. What would those restrictions be? Mr. Weinstein: Well, the restrictions is they're -- as they're shown to me are significant contributions to employee funds, significant -- Commissioner Hardemon: By that, you mean like a retirement fund? You're talking about retirement? Mr. Weinstein: No. And I'm not -- Commissioner Hardemon: Oh, you're talking about like a --? Mr. Weinstein: -- Commissioner, I'm not that familiar with the specifics, every specific of the agreement, but all of the feedback that we've received from both operators, owners, developers, and major brands is that a hotel in this location, with the average room rate that we're anticipating, and with the idea that there's really no other ancillary revenue at the hotel beyond the hotel rooms themselves, it would be quite restrictive. And the feedback that we've gotten, candidly, is that we wouldn't be able to have a hotel. Commissioner Hardemon: Well, that's the part that I'm trying to understand. I'm trying to understand -- because you seem to be very specific in how you go about describing that there are going to be restrictions that are going to cause you not to be profitable, but I don't understand what those restrictions are. Maybe if there's someone that can explain what the restrictions are, then I could say, "Well, maybe you're right." Mr. Weinstein: The restrictions are -- yes, Commissioner Reyes. City of Miami Page 107 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Yes. I -- You are going to run the hotel yourselves, right? Vice Chair Gort: No. Mr. Weinstein: No. Commissioner Reyes: Who is going to be running it? Mr. Weinstein: We will probably hold an RFP (Request for Proposals) for (UNINTELLIGIBLE) clients. Commissioner Reyes: You're going to get somebody else, like -- Mr. Weinstein: Absolutely. We're not hotel operators. Commissioner Reyes: -- let's say the Hilton or the Marriott, or something like that? Mr. Weinstein: It could be a number of clients. Commissioner Reyes: And when you refer to restrictions, are the restrictions then that they place on the -- on ownership that in order for you to carry the name that you have to follow certain standards and certain things? Mr. Weinstein: I'm sorry? Commissioner Reyes: That's the restrictions that you are going to (UNINTELLIGIBLE)? Mr. Weinstein: No. I'm -- and I'm talking about also labor restrictions -- Commissioner Reyes: You're now talking about labor restrictions, and specifically, unions? Mr. Weinstein: Exactly. Commissioner Reyes: Or fringe benefits? Mr. Weinstein: Exactly. Chair Russell: Commissioner Gort. Mr. Weinstein: All of the above. Commissioner Reyes: All of the above, okay. Mr. Weinstein: And I think you had just -- go ahead, Commissioner. Vice Chair Gort: Let me be very simple on this. My understanding is -- and I can see where Commissioner Hardemon is coming from, because he really did some real good deals for all the things that took place in the CRA (Community Redevelopment Agency), but at the time, we had the owners of the hotel, the people that are going to operate the hotel that we had to deal with it. And here, they don't know who the hotelier is going to be. My commitment is to whoever buys the -- or rent or gets the space -- I'll work with them, because, let me tell you something. My commitment to this group and to Allapattah -- I've lived there for 56 years. I've been getting all kinds of offers since 1980 to sell my house. I'm not going to sell. I'm going to stay there. And I'm going to stay on top of this program, although I will not be an elected City of Miami Page 108 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 official when -- but I'm going to be an active member in Allapattah, I can tell you that. So I'll make sure -- and I understand the union, and I'm all for it. I think it's very important. But at this time, they cannot make this deal. They could -- it makes it very difficult. My understanding is it might make it or break it, so. Chair Russell: Commissioner Gort, I -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: -- am in support of you with this item, and I'm glad to see something come to your district of this importance for so many reasons. I certainly don't want to create a restriction that will put the project's financial viability at risk. I'd just like to see that -- hopefully that labor's at least at the table to have that discussion when the time comes, and if it's not feasible or viable at the time, you'll still have that freedom. But the hope was just to at least have them at the table, where we have a chance -- where we're offering an entitlement, which brings so much value. It's not like you're on your own here in a vacuum financially. We're -- the City is a participant in this through the SAP process. And that was -- I was clear with my asks on the dais before, but Commissioner Gort, I'm going to support you in this either way, but that's -- I would love to see them try to work together and see if there's a chance. Vice Chair Gort: Right. But I think it's important that we all discuss all the items, which is, to me, it -- I understand in Overtown, we've had a lot of new schools where we teach people to be part of this industry. And one of the things I'm going to ask the hotels is to register with the schools, so they can make sure when people graduate -- and Miami Dade has their schools, also --they can be placed in the different places. Commissioner Hardemon: When -- you know, I'm going to support the Commissioner in what he asks, but I will tell you, if you can't manage $1, you won't be able to manage 100. If you can't manage $1, you can't manage a million. And what I mean by that is that even if you have $1, if you have a child and you want to give that child a dollar, you want to teach that child about how you manage his or her money. You say, "Okay, baby, take 10 cents of this and put it aside for savings. Baby, take another 10 cents of that and put it aside for investment, and then take another" -- you know -- "take 40 cents of that and spend it. And then the other" -- whatever cent is left -- 'you take that and invest it and" -- you know -- "do something else with that money," or whatever it may be. But the bottom line is that even with $1, you can save. Even with $1, you can invest. Even with $1, you can do these things. And so, you know, when you tell me that, "We only have 120 rooms," but you will have people working there, you know, and it's -- I think it's important that we contribute to whoever is in the hotel industry in this community, because especially - - the further west you go from Miami Beach, the more that I -- that you're really going to neighborhoods that deserve to be in the hotel industry, and for some reason, there hasn't been that connection between our local community and the hotel industry, and it's -- Wherever you go, no matter where we travel, it's different. If I travel to places like Jamaica, Bahamas, or if I go to Asia, if I go -- wherever I go, you're going to meet people from the community working at those hotels. When you come to Miami, it's not like that, and the people working in the hotels are from some other place and do some other thing, and there's very few of us who are actually from the neighborhood that have an opportunity to work in these hotels. And so, one of the ways that we can make this -- that industry more attractive for our local people especially is by creating rights. You know, give them an honest opportunity to do positive things in the neighborhood, and give them a chance to put their kids through school. Give them a chance to have decent healthcare. Give them a chance to actually earn a real dollar, you know. I think that, you know, that's part of the City of Miami Page 109 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 reason that -- even some people may even decide to stay at certain hotels rather than doing an Airbnb, you know what I mean? Because you don't know who's cleaned those -- that room. You don't know what they're getting paid, if it's under the table. You don't know if they're able to afford any sort of healthcare. You don't know -- I mean, you don't know anything about that person. So, you know, I think it'd be a good gesture when the time comes to ensure that your -- whoever you're working with agrees to labor peace, but I'll tell you, if you give a businessperson the option of not doing it, they're not going to do it. Generally, they're just not going to do it unless they have a moral cause that says, "I believe that people should have this, and so therefore, I'm willing to sacrifice that extra 7 percent of whatever so that I can provide people with a decent opportunity." And when you do that, I think the employees, you know, they work better for you; that's just my opinion. But like I said, I'm here to support my dear Commissioner from the First District, because this could be a transformative project for that area. This is -- you know, this -- that's -- he's my neighbor. We're -- you know -- we're buddies. Vice Chair Gort: You're right next door. Let me tell you -- Commissioner Hardemon: Right. Vice Chair Gort: -- what I like about this place and this hotel. For the first time, you're going to have people working there that can walk to work. Commissioner Hardemon: Right. Vice Chair Gort: They don't have to take the bus to Miami Beach or to Hollywood, or to some other place; that's why this place is very unique. And one of the things I'm pushing for is for employment, and I want the people in Allapattah to get hired first. And I agree with you, but I think it -- my commitment is at the same time we have -- my understanding, it's about $60 million of public improvement that's going to take place within the project, but it's going to benefit the whole area there. So I think, to me, that's very important. It's going to make a change in there, especially being built right next to two buildings of affordable housing. They're going to be able to use all the open areas in there, so I appreciate your input. And my commitment is I'm going to stay with them, and they know I'm going to be on top of them at the same time with certain requirements they have to comply with, with Planning -- my understanding, Planning Department will keep up with them. And I want to make sure that the people from the Allapattah, they can get those records of everything that takes place, the employees, where they come from, and that to us is very important; you keep track records of the people you employ, okay? I make the motion to move -- I move it. Victoria Mendez (City Attorney): If -- just two -- Commissioner Reyes: I second. Ms. Mendez: -- little things I'm supposed to do. I was supposed to remind you earlier if you had any Jennings disclosures. Anyone have any Jennings disclosure? Vice Chair Gort: Jennings disclosure. I think I've met with about a hundred people from the neighborhood, from the applicants, and so on, and some of the people I met with are sitting back there and -- yes. Ms. Mendez: Thank you. Vice Chair Gort: Thank you. City of Miami Page 110 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: I have another disclosure; that I met with them for a while, and I really drilled them. And I feel that everything was ironed out. And I am going to second Mr. Gort's -- Ms. Mendez: Okay. Any issues from the public or anything? No? Okay. And then the other -- I wanted to just ask Ms. Leiva, the units that are proposed for this project are rentals, correct? They are not homeownership; they are rentals? Because if not Chair Russell: Yes. Ms. Mendez: -- that raised a few other concerns that I wanted addressed if not. Okay. So if they're rentals, then I won't worry. Mr. Weinstein: Pure rentals. Ms. Mendez: Okay. All right. Thank you so much. Chair Russell: Thank you. And for Jennings, I also did meet with the applicant -- Commissioner Reyes: Good luck. Chair Russell: -- in my office, as well. All right. So there is a motion, there is a second. No amendments, correct? Is there any further discussion? Todd B. Hannon (City Clerk): Chair, if I -- sorry. If I may? Vice Chair Gort: Yeah, there is an amendment. Mr. Hannon: The amendment will be on PZ.13 for the proffer from Ms. Leiva, so right now, the motion and the second is on PZ.11, and Madam City Attorney still needs to read the title. Ms. Mendez: Okay. So PZ.11. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Do you want to read all three of them into the record, and then we can vote at one time? Ms. Mendez: Yes. PZ.12. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.13. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Vice Chair Gort: My understanding, this is (UNINTELLIGIBLE)to conditions that the Planning Department has to put in. Mr. Garcia: That is correct. And I believe that there is also an amendment that -- Vice Chair Gort: Right. City of Miami Page 111 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Mr. Garcia: -- was proffered on the record to Item PZ. 13. Chair Russell: So the amendment is on PZ.13. There's been a motion and a second. Can I assume that it applies to all three items? Vice Chair Gort: Yes. Chair Russell: You're okay with that. Okay. The mover and the seconder is fine with that. Is there any further discussion on the dais? Hearing none, all in favor of PZs -- Vice Chair Gort: Wait a minute. Chair Russell: Yes. Vice Chair Gort: There's an amendment to be added, my understanding. Chair Russell: We added that; unless there's a separate -- Vice Chair Gort: It's been added. Okay. Chair Russell: Yes. And the mover and seconder has approved the amendment, so PZ.11, 12, and 13, is there any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Congratulations. City of Miami Page 112 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.12 ORDINANCE Second Reading 5526 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"), BY REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.25 ACRES (359,661 SQUARE FEET) FOR THE "MIAMI PRODUCE SPECIAL AREA PLAN" ("SAP") LOCATED AT APPROXIMATELY 2140 NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES APPROXIMATELY 1,200 RESIDENTIAL DWELLING UNITS, 227 LODGING UNITS, 230,886 SQUARE FEET OF OFFICE SPACE, 96,976 SQUARE FEET OF COMMERCIAL SPACE, 54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,078 PARKING SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC SPACE; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY FROM "D2," INDUSTRIAL DISTRICT TRANSECT ZONE, TO "T6-12-0," URBAN CORE — OPEN TRANSECT ZONE, AS FURTHER DESCRIBED IN THE REGULATING PLAN AND CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "B"; 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: 13837 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 PZ.12, please see Item PZ.11. For minutes referencing Item PZ.12, please see "Order of the Day." City of Miami Page 113 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.13 ORDINANCE Second Reading 5527 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI PRODUCE CENTER, LLC ("APPLICANT") AND THE CITY OF MIAMI ("CITY") TO GOVERN THE MIAMI PRODUCE SPECIAL AREA PLAN ("SAP" OR "MIAMI PRODUCE SAP") COMPRISED OF APPROXIMATELY 8.25 ACRES (359,661 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 2140 NW 12 AVENUE, 1243 NW 21 STREET, AND 1215 NW 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY 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 MIAMI PRODUCE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A PHASED PROJECT WHICH INCLUDES APPROXIMATELY 1,237 RESIDENTIAL DWELLING UNITS, 227 LODGING UNITS, APPROXIMATELY 230,886 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 128,971 SQUARE FEET OF COMMERCIAL SPACE, APPROXIMATELY 54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,094 PARKING SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC 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: 13838 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PZ.13, please see Item PZ.11. For minutes referencing Item PZ.13, please see "Order of the Day." City of Miami Page 114 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.14 ORDINANCE Second Reading 5118 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9 OF THE MIAMI 21 CODE, TITLED "SPECIAL AREA PLANS," TO PROHIBIT SPECIAL AREA PLANS IN "T3," SUB -URBAN TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13839 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Last item of the day, if I'm not mistaken, PZ.14. Vice Chair Gort: No. That's -- got -- Chair Russell: Did I forget something? Vice Chair Gort: Yeah. I have a discussion item. Chair Russell: Oh. Vice Chair Gort: I won't be long. Chair Russell: I didn't see that. Francisco Garcia (Director, Planning): PZ.14, for your consideration, sir, is the second reading of an amendment to Miami 21, the Zoning Ordinance, making it so that any land zoned T3 in the City of Miami is not eligible to participate as part of an SAP or Special Area Plan proposal. Commissioner Reyes: I move it. Chair Russell: It's been moved by Commissioner Reyes. Commissioner Hardemon: Second it. Chair Russell: Seconded by Commissioner Hardemon. Commissioner Hardemon: Can you read it into the record before we --? Barnaby Min (Deputy City Attorney): Yes, sir. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 115 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: Let me see if I can say this in some colorful language that the Miami Herald may want to write about. Let's see if I can do this. This is a wonderful ordinance that we're proposing here in the City of Miami. It would allow for -- or rather it would disallow T3 properties to be purchased and used for an SAP. So what that means ultimately is that if you live in a single-family home or a duplex home, and you just so happen to be in a great location, that location is -- most of the time looks like Allapattah, it looks like Little Havana, it looks like Liberty City -- that -- and your home values are not as high as they are in other places, so they're not 500, 600, $700,000 properties, you still have homes that you can purchase for -- well, now they're a bit higher than 200,000. You can't accumulate all those homes in order for you to build one large structure and make it luxury home or luxury condos or just some other thing. And so, this is really a protection for the neighborhoods in the City of Miami -- Commissioner Reyes: Absolutely. Commissioner Hardemon: -- and it's protection for those of us who purchased our homes in single-family neighborhoods and duplex zoning, where you look forward to having low density in your space, and you just want to enjoy the quality of life that you expect in a place like so. And so, you know, I'm excited about this one, because it -- this does not allow development to over -develop in the spaces where we do not expect them to. And so, I think it's a wonderful measure. I look forward to everyone voting in favor of it. Vice Chair Gort: Second. Chair Russell: Thank you. There is a motion and a second. Before we open for public comment on this item, just one question. Does this specifically preclude T3 from counting toward the assemblage for an SAP, or does it not allow any T3 within an SAP, or both? Mr. Garcia: Both. Chair Russell: Okay. Thank you. Mr. Garcia: (UNINTELLIGIBLE). Chair Russell: I'd like to open the floor for public comment on this ordinance, please. Is there anyone here who'd like to speak on this issue? Brenda Betancourt: Can --? Chair Russell: This is not about abutting T3. This is about T3 being in the project for an SAP; not for affordable housing. Commissioner Hardemon: Right. Ms. Betancourt: For just a regular private citizens who wants to --? Commissioner Hardemon: So for SAPs. So, for instance, that was an SAP, right? If, for instance, if they wanted to buy four streets between, say -- I'm just going to make up a street -- 63rd Street to 67th Street; if they wanted to buy from 7th Avenue to 8th Avenue, and those were all single -family -zoned homes. Ms. Betancourt: All T3? City of Miami Page 116 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Hardemon: All T3, and they wanted to create an SAP, they cannot. Currently, right now, you can -- a private person can come in, they can buy all that, and then come to the City of Miami and say, "We want to rezone this. We have nine contiguous acres, and we want this space to be zoned -- instead of T3, T6-8. Ms. Betancourt: Okay. I understand. Commissioner Hardemon: You know, and so, it's going to disallow that. Or it'll equally disallow -- if you bought -- if you have, say, six contiguous acres that is not T3, but then you have T3 next to you. And so, you say, "Okay, I want to pick up theses T3 to count towards that SAP." You can't do that, either. Ms. Betancourt: Okay. Commissioner Hardemon: So it literally protects those things from being considered in an SAP. Ms. Betancourt: This will be just to protect the owners -- or actually the property as a use. So if somebody want to have six acres of T3, you have to develop T3, no matter what. Commissioner Hardemon: Yeah. Ms. Betancourt: You cannot do -- whatever. Commissioner Hardemon: You can't get an SAP, so you can't -- You could still petition the government to say that T3, you want to up -zone it to T5. You have the right to do that. You don't have a right to create an SAP, which is a completely different process. Commissioner Reyes: You see, this is mainly -- the idea is to protect neighborhoods like your neighborhood, my neighborhood, Shenandoah, Silver Bluff, Coconut Grove. You see, all of those -- Commissioner Hardemon: And Bay Point. Commissioner Reyes: And Bay Point, too. Ms. Betancourt: What about Coconut Grove Plum? It would be nice to have a Coco Plum affordable housing. Anyways, I'm in support, because even though we want to promote a development, but we need to protect those who want to live in a house. I live in a house, and I hope I don't have to develop it. Commissioner Reyes: Okay. Ms. Betancourt: I'm in favor. Chair Russell: Thank you very much. Is there anyone else here who'd like to speak on public comment for these -- for this item? Hearing none, I'll close the public comment. For my part, the original intention of SAPs, I believe, was to create flexibility, design flexibility within the Code. If somebody were able to assemble a significant set of parcels of land, they would get more flexibility, because they're not incringing [sic] on their neighbors, because they are the neighbors at that point. Commissioner Hardemon: Right. City of Miami Page 117 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 PZ.15 5653 Department of Planning Chair Russell: What's happened is it's been used more for intensity, and it's become a bit of "SAPs Gone Wild " So this is a very good measure. I really thank the Commissioner for bringing this, and it does protect the integrity of the single-family neighborhood, so thank you. I'm in favor, of course. Any further discussion on the item? 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 MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SEC. 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 RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS COCONUT GROVE PLAYHOUSE WITH THE FOLIO NUMBER 0141210450140. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.15 was deferred to the May 8, 2019, Special City Commission Meeting. For additional minutes referencing Item PZ.15, please see "Order of the Day," "Public Comment Period for Planning and Zoning Items" and "PART B: PZ - Planning and Zoning Items." Chair Russell: And then, let's set the deferral of all the items requested -- Todd B. Hannon (City Clerk): And my apologies, Chair. Joseph Napoli (Deputy City Manager): Mr. Chair? Mr. Hannon: And again, so special meetings need to be called for a specific reason, so it'll be just to address this item. Vice Chair Gort: This is it. Commissioner Reyes: (INAUDIBLE). City of Miami Page 118 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Perfect. Victoria Mendez (City Attorney): And then, if we could defer this item to the 8th now? Chair Russell: Yes. Is there a motion to defer Item PZ.15 to that time and date of the special meeting? Commissioner Reyes: I move it. Chair Russell: Moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 119 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 5534 A DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item D3.1 was deferred to the May 9, 2019, Regular Commission Meeting. For minutes referencing Item D3.1, please see "Order of the Day." END OF DISTRICT 3 City of Miami Page 120 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 FL - FUTURE LEGISLATION FL.1 5693 Department of Planning FL.2 5694 Department of Planning ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, "TABLE 4: DENSITY, INTENSITY AND PARKING," TO REDUCE THE REQUIRED PARKING FOR RECREATIONAL FACILITIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.1.2.8, ENTITLED "AMENDMENTS TO MIAMI 21 CODE," TO EXEMPT REZONINGS TO CIVIC SPACE ZONES ("CS") AND NATURAL TRANSECT ZONES ("Ti") FROM MINIMUM SIZE REQUIREMENTS; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 121 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.1 5850 Office of the City Clerk NA - NON -AGENDA ITEM(S) DISCUSSION ITEM DIRECTION BY COMMISSIONER KEON HARDEMON TO THE CITY ATTORNEY TO DRAFT A RESOLUTION FOR CONSIDERATION AT THE MAY 23, 2019 CITY COMMISSION MEETING NAMING THE CITY OF MIAMI POLICE TRAINING CENTER AFTER CHIEF CLARENCE DICKSON. LRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.1, please see Item PA.1. Commissioner Hardemon: Mr. Chairman. Chair Russell: Yes, Commissioner. Commissioner Hardemon: If I may give some direction to the City Attorney's Office. First, I'd like to say, "Thank you, gentleman, for coming." It warms my heart to see you here, especially as one speaking on the behalf of the MCPBA. You know, I've known of the MCPBA since I was a child. So just to see you here speaking on a matter that's important to you in a time where it's not about any issues that could have happened, but it's just about something in the future that you want to see for progress for your organization and for the City of Miami Police Department. I think it's a good thing. And so, what I'd like to do is have the City Attorney's Office draft a resolution in -kind to what they just put on the record, and have it available not for this next meeting, but maybe the meeting thereafter. Mayor Francis Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: I'd just -- I'd like to co-sponsor that resolution. I remember Chief Dixon very well. I believe he was Chief when my dad was Mayor; never forget that hat. Commissioner Reyes: Yeah. Mayor Suarez: Just can't -- you can't forget it. And he just had an amazing way about him, a great smile; he was a great leader, and he led the Department well, and under tough circumstances. Commissioner Reyes: Yes. Mr. Chair? Chair Russell: Sure. Commissioner. Commissioner Reyes: I think everybody that has been in the City of Miami for a while can never forget that hat. That's a unique style. I want to -- also would like to co-sponsor Commissioner Hardemon's resolution. Vice Chair Gort: I think that we all worked with Chief Dixon before, but I think in -- besides the name, we got to have a hat in there also; that's for sure. City of Miami Page 122 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.2 5851 Office of the City Clerk Chair Russell: All right. Madam City Attorney, you have direction? Thank you very much. And thank you all for coming, and thanks for the invitation. DISCUSSION ITEM MAYOR FRANCIS SUAREZ, CITY COMMISSIONERS AND POLICE CHIEF JORGE COLINA RECOGNIZED TAMPA'S MAYOR - ELECT, JANE CASTOR, AND THANKED HER FOR HER SERVICE AS THE CITY OF MIAMI'S INDEPENDENT REVIEWER FOR THE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE AND THE CITY OF MIAMI REGARDING THE CITY OF MIAMI POLICE DEPARTMENT. RESULT: DISCUSSED Mayor Francis Suarez: Mr. Chair, if I may interrupt? Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. I'd like to just sort of pause in our public commentary to do two things. First, I want to introduce the Mayor -elect of the great City of Tampa, Mayor -Elect Jane Castor, who's here with us today. (Applause) Chair Russell: Congratulations. Commissioner Hardemon: Was she not the CI --? Chair Russell: CAB (Community Advisory Board). Mayor Suarez: I'm going there. Not only is -- not only was Mayor Castor -- Commissioner Hardemon: Yeah, our monitor. Yeah. Mayor Suarez: -- not only was Mayor -Elect Castor the Police Chief but she was also our DOJ (Department of Justice) monitor, and we are hopefully coming to the end of that monitoring period. And so, aside from her being down here in her duties, it's wonderful to see her here. She's a friend. We're very proud of her. We're proud of the way she ran her election. We know she's going to do a marvelous job for Tampa. Don't take away too much of our business. But what's wonderful about this fraternity of Mayors is that we all love each other, we get along. It's not about party; it's about solutions and about getting things done. And they're very blessed to have her, and I look forward to working with her as a Mayor. I had a great relationship with her predecessor, Mayor Buckhorn, who is a great person, as well. And I don't know if you want to address the Commission just briefly, Mayor. Commissioner Hardemon: Before she addresses, I want to make a comment. The -- I had an experience when we were in Overtown -- I was in Overtown, parked to the side, and a police car pulled up next to me, and basically asked me to move my car, and she was sitting aside the police officer, and I engaged in conversation with -- well, I asked, you know, "Well, who is that?" (UNINTELLIGIBLE) I didn't announce myself. I didn't -- she didn't know who I was. The police officer did not know who I was. And she engaged me, and it was a very positive experience. She City of Miami Page 123 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 was giving information about who she was and what she's doing, and et cetera. And I just want to say that it was such a positive thing to see someone just respond kindly to a simple question, because now I'm a resident, and I want to know, "Well, who's riding next to the police officer in the front car?" And it could have been a very negative experience, and she did not make it that at all. And so, if that is any inclination to how she's going to interact with the rest of her constituents in Tampa, I think they have a great Mayor on their way. So thank you. Mayor (Elect) Jane Castor: Thank you, Commissioner. I appreciate that. And I just want to say that it has really been a pleasure to be down here in Miami for the last couple of years, working with the Miami Police Department with Chief Colina and his -- Major Gonzalez, and the entire department has been open, transparent, and doing everything that they can to end this agreement with the Department of Justice. And I think that the entire City of Miami should be very proud of the Police Department. Rodney Jacobs, I've had a great relationship with him with the advisory board, as well. And I look so forward to working with your fine Mayor and moving forward, as he said. You know, my experience is in law enforcement; don't have a lot of political experience. I said I'll be putting my petit size 11 foot in my mouth on a regular basis, from the political side. But anyway, I look forward to working -- continuing the relationship with Miami and moving Tampa successfully into the future. Mayor Suarez: Thank you, Mayor. Mayor Castor: Thank you. Mayor Suarez: And I just want to take a moment to also commend our Chief who has done a phenomenal job since I was elected and since he became Chief in working alongside you to change the culture of the department to make it one where we hold our officers accountable. We have a very high standard. We depoliticize the department. Not only are our homicide rates the lowest that they've been in 51 years last year, and this year we're 40 percent below that number, but we're holding our department to the highest standards. I also want to commend the City Attorney and the CRB (Community Relations Board) and the CIP (Civilian Investigative Panel) for their work. This has been a collective effort to change the way we do business in the City, and we have an amazing department, as you mentioned -- Mayor Castor: Yes, you do. Mayor Suarez: -- extremely professional. Major Gonzalez as well, who's in the back. We demand a high level of accountability and professionalism from our officers. I would say we have probably the best trained -- or one of the best -- you would probably dispute that -- trained departments in the country, and we're always going to expect the very, very utmost ethics and integrity. And when we fall short of that, we're going to hold our officers accountable, but we think that that is a very, very, very small percentage of the total. And so, we're very proud of our department. Mayor Castor: I agree. I agree. Vice Chair Gort: Congratulations, Mayor. Chair Russell: Commissioner Gort. Commissioner Gort: I'm sure you've learned quite a bit in politics by being here in Miami. Mayor Castor: Yes. City of Miami Page 124 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Vice Chair Gort: (UNINTELLIGIBLE). Mayor Castor: Yes, sir, I have. Vice Chair Gort: Congratulations. Chair Russell: Mayor -elect, thank you for your service on our Community Advisory Board. I'd like to say, as the Mayor -elect of Tampa, we -- you have a lot of assets that we are jealous of and would love to learn from you about and collaborate with you on; in particular, your successful building of a riverwalk in Tampa that has revitalized that entire area and connected a community in a way it hasn't. We are working on that ourselves. Mayor Castor: Good. Chair Russell: And having visited to see how it was done and what it's meant for the community and the entire City is inspiring, so we look forward to that. And also, the Historic Ybor District, and the preservation of the shotgun homes in a culture of immigrants that came to Tampa being so treasured and recognized and displayed for the City and the residents and tourists alike, it's something that we're working on, as well, in a similar vein. And so -- Mayor Castor: Yes. The Riverwalk transformed our downtown, the waterways. It really is amazing. And Ybor City has always been a jewel in our crown, but a lot of ideas down here in Miami that I intend to take back to Tampa, as well, so that's the beauty of the good working relationship that we have. Chair Russell: We look forward to it. Thank you. Mayor Castor: Thank you. Chair Russell: And congratulations. Mayor Castor: Thank you. Mayor Suarez: Thank you, Mayor. And to my good friends from Telemundo and from Univision, we're 10 minutes away. It's a 10-minute warning, okay? Thank you, guys. Chief Jorge Colina (Miami Chief of Police): Mr. Chairman, if I -- just quickly. Chair Russell: Chief. Chief Colina: I'd like to publicly express my gratitude to Chief Castor, because not only has she come in and really scrutinized every last layer of how we operate in the Police Department, and has been very frank in some of the deficiencies that she has found and has brought to our attention, but she's been incredibly helpful in having us correct these deficiencies. She's always been available to me; someone that I've called on the weekend, in the evening -- it doesn't matter -- just to ask questions of "What is your opinion on this?" And "How do you think that this might be better handled?" And so, she's really been a tremendous asset to the Police Department in a very holistic way. And so, I'm very grateful to you, Chief. Thank you. Mayor Castor: My pleasure. Thank you all. Chair Russell: Thank you, Chief. City of Miami Page 125 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.3 5852 Office of the City Clerk Mayor Castor: Thank you. Chair Russell: Have a good day. (Applause) DISCUSSION ITEM COMMISSIONER MANOLO REYES REQUESTED A MOMENT OF SILENCE AND EXPRESSED HIS CONDOLENCES FOR THE PASSING OF COUNTY COMMISSION VICE -CHAIR REBECA SOSA'S MOTHER. RESULT: DISCUSSED Chair Russell: SR.2. Commissioner Reyes: If I (UNINTELLIGIBLE). Chair Russell: Your mike? Your mike's off. Commissioner Reyes: Oh. I was just informed that Rebecca Sosa, Commissioner Rebecca Sosa, mother just passed, and I will -- want to just have a minute of silence, you know. Maybe we can honor a great lady; that she was very active in the community, and it's a great loss. Chair Russell: This was just now? Commissioner Reyes: Hmm? Chair Russell: Just now? Commissioner Reyes: Just now. I was just being informed right now that her mother -- and give our condolences to Commissioner Sosa. Chair Russell: Thank you, Commissioner Reyes. We certainly share that, and -- Vice Chair Gort: Yes, we do. Chair Russell: -- Commissioner Sosa is a special part of this community, and that must be very hard for her, so we're thinking about her. Thank you. City of Miami Page 126 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.4 5841 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MAY 8, 2019 AT 9:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSES OF DISCUSSING AND TAKING ANY AND ALL ACTION ASSOCIATED WITH (1) A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY 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 RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE COCONUT GROVE PLAYHOUSE WITH FOLIO NUMBER 0141210450140 AND (2) A PRIVATE ATTORNEY - CLIENT SESSION FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY, WITH THE SUBJECT OF THE MEETING CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. ENACTMENT NUMBER: R-19-0168 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City of Miami Page 127 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.4 5841 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MAY 8, 2019 AT 9:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSES OF DISCUSSING AND TAKING ANY AND ALL ACTION ASSOCIATED WITH (1) A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY 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 RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE COCONUT GROVE PLAYHOUSE WITH FOLIO NUMBER 0141210450140 AND (2) A PRIVATE ATTORNEY - CLIENT SESSION FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY, WITH THE SUBJECT OF THE MEETING CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. ENACTMENT NUMBER: R-19-0168 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City of Miami Page 128 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.4 5841 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MAY 8, 2019 AT 9:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSES OF DISCUSSING AND TAKING ANY AND ALL ACTION ASSOCIATED WITH (1) A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY 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 RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE COCONUT GROVE PLAYHOUSE WITH FOLIO NUMBER 0141210450140 AND (2) A PRIVATE ATTORNEY - CLIENT SESSION FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY, WITH THE SUBJECT OF THE MEETING CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. ENACTMENT NUMBER: R-19-0168 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: All right. So we're looking potentially, from what I'm reading on this dais, for a special meeting -- I'm sorry? Vice Chair Gort: The day before or Thursday? Chair Russell: So the same week as our Commission meeting. Is that going to work with Administration? Clerk's Office, we need to set the date. We need to work with each office and set the date. Victoria Mendez (City Attorney): I would request, though, that if we're going to set a meeting, we set it today so that we -- Chair Russell: So you can notice it. City of Miami Page 129 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Commissioner Reyes: Yes. Ms. Mendez: -- for the notice issues and all that. So I would -- I do not want to leave here without a date announced. Chair Russell: So Commission is on Thursday, the 9th. It's going to be a long week. All right. Let's see. Miami -Dade County Mayor Carlos Gimenez: Mr. Chairman? Chair Russell: Yes, sir. Mayor Gimenez: The County Commission meets on the 7th. Chair Russell: On the 7th. So that leaves us with the 8th or the 10th for that part of the week. I am available better on the 10th, for me, which is a Friday, which is the day after Commission for us. I could move the 8th as -- I could do the 8th, as well. We could make it happen; we just have to cancel some things. There's a Storm Water Master Plan Workshop that evening, but I don't think -- I think if we do a special meeting at regular business hours -- is that what we're thinking; at 9 a.m.? Joseph Napoli (Deputy City Manager): 9 a.m., on the 8th? Chair Russell: 9 a.m., on the 8th. We could do that. I'll miss coffee with a cop at "H's" place in the Grove, but we'll be okay. All right. We'll have coffee here. All right. So we're looking at Wednesday, the 8th, 9 a.m. Are we all okay? Commissioner Reyes: I'm available every day at any time. Chair Russell: Thank you. And I do apologize to everyone here in the public. I do recognize how much this takes out of your time. One thing: I would just like all of you to look at each other and recognize that all of us do want theater to come back to the Grove. We have some differences of how we want to get there, but the end goal for all of you is exactly the same; that theater comes back to the Grove. And so, there is a common goal here; we're not enemies. Vice Chair Gort: And you need parking garage. Chair Russell: Oh, boy, do we. All right. Mayor Francis Suarez: I agree a hundred percent on that one. Chair Russell: So they -- if we could clam the motion, Mr. Clerk? Ms. Mendez: Yes. We need from the Commission a resolution for the special meeting on the 8th, at 9 a.m.; and then, we need to defer this item till then, so we need the two things. Mayor Suarez: And I don't have a problem calling it. Commissioner Reyes: I move it. Mayor Suarez: (UNINTELLIGIBLE) call it, too, if you want. Vice Chair Gort: Been moved; second. City of Miami Page 130 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: I'm sorry? Mayor Suarez: I'd be happy to call it if that's the agreement of the Commission. I'd be happy to call it for that time and date. Chair Russell: Thank you very much. Commissioner Reyes: I'm moving that resolution. Chair Russell: We have a resolution. Okay, that's fine; seconded by the Chair. Any further discussion on setting a special meeting date for 9 a.m., on the 8th? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Later... Chair Russell: All right. Last piece of business, please. We did withdraw the shade meeting with regard to Flagstone today. We need to reschedule that. Gentlemen, would you like to take that up on the regular Commission meeting day, which is quite packed, or would you like to add it to the special meeting, just to do the shade on Flagstone? Any preference? Barnaby Min (Deputy City Attorney): And just to be clear, if you're going to add it to -- Chair Russell: Yes. Mr. Min: -- the May 8 meeting -- Chair Russell: We can do either or -- Mr. Min: -- you either need to rescind and issue a new resolution calling for a special Commission meeting for both the HEP (Historic & Environmental Preservation Board) appeal and the shade meeting, or you can pass a separate resolution for just the shade meeting; which that means you have two special Commission meetings on the same day, so -- Chair Russell: I'm open to either; it doesn't matter either way to me. Thursday is a little packed, so I'm open to doing it Wednesday and just knocking it out. How are we feeling? Todd B. Hannon (City Clerk): Would a reconsideration be out of order, just to reconsider the item that had been voted on earlier, and we'll just add that in? So it'll just be one resolution and one ad that we send out -- or one public notice. Excuse me. Mr. Min: If that's the Commission's will. Chair Russell: Yeah, that would be the way if we're going to do it on Wednesday. Temperature, anyone? How are we feeling? Take it up on Wednesday? All right. Commissioner Hardemon: What -- on the same day, you're saying, or --? City of Miami Page 131 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.5 5853 Office of the City Clerk Chair Russell: On the same day as the playhouse issue; not the packed Thursday issue. Commissioner Hardemon: All right. So I move to reconsider the special meeting date that was named earlier. Chair Russell: It's been moved. Is there a second? Seconded by Commissioner Reyes. Do you need any specific instruction, or you've got it? Mr. Hannon: No. We need to vote on the reconsideration; then we need -- you have to vote on it. Commissioner Hardemon: Right. Chair Russell: Is there -- okay. Is there anyone who'd like to comment publicly on the vote for reconsideration of the playhouse item? Hearing none, close public comment. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes to reconsider. Vice Chair Gort: Move to adjourn. Chair Russell: No, wait, wait. We got to move the actual item itself now. Mr. Min: So then you should have a new motion to set a special City Commission meeting that will address the Coconut Grove Playhouse appeal and the Flagstone shade meeting. Commissioner Hardemon: So -- Chair Russell: Is there a motion to that effect? Commissioner Hardemon: -- moved. Chair Russell: Moved by Commissioner Hardemon, seconded by Commissioner Reyes. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. DISCUSSION ITEM DIRECTION BY VICE -CHAIR WIFREDO (WILLY) GORT TO THE CITY MANAGER TO DEVELOP A PLAN TO ASSIST HOMEOWNERS RESIDING IN PROPERTIES DECLARED UNSAFE BY THE CITY OF MIAMI. RESULT: DISCUSSED Chair Russell: And you have a pocket discussion or --? Vice Chair Gort: Discussion item. It'll be nice and short. I'd like to get the Administration in here. My problem is we got a lot of homeowners that are older. City of Miami Page 132 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.6 5854 Office of the City Clerk They don't have the ability to fix their home the way they should. This -- I have two cases right now within my district where the houses have been declared unsafe houses. What happened is the -- they didn't have the funds to fix it, and the problem is the City wants to knock them down. One of the house is owned by this gentleman, who fought in Korean War, so you -- more or less, you can tell what the age is. You know, he doesn't want to leave his house. We're trying to convince him that, "We got a program where we're going to try to help you and get you a home or fix your home, but you have to move out for a while." Or in the other case, the gentleman was able to sell it, got an apartment, and we were able to do something. I think the Administration, through CDBGs (Community Development Block Grants), and they need some kind of a social worker or an individual that can go and talk to these people and explain to them, "Look, this is unsafe. You have a liability. This house can come down on you at any time." This is a procedure that we can use, because a lot of times, we're get in there for (UNINTELLIGIBLE) inspector, and we say, "No, your house is unsafe. We got to knock it down. You got to get out." People need to understand what's taking place when something like this come up. So what I'm asking the Administration to please, to come up with a plan where they going to have to work with the CDBG. And I think some of us might give some funds to help to do these type of things. Chair Russell: Thank you very much. Vice Chair Gort: It's just an instruction to the Administration. Chair Russell: Thank you. Joseph Napoli (Deputy City Manager): We're fine with that; yes, sir. Chair Russell: Thank you very much. DISCUSSION ITEM DISCUSSION BY COMMISSIONER MANOLO REYES REGARDING THE STORMWATER MASTER PLAN UPDATE WORKSHOPS; RECOMMENDING TO THE CITY MANAGER THAT AT LEAST ONE WORKSHOP BE SCHEDULED IN EVERY CITY COMMISSION DISTRICT THROUGHOUT THE CITY. RESULT: DISCUSSED Commissioner Reyes: Sir? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I have also some comments and a directive. You see, the -- as I do understand, the Storm Water Master Plan is finalized. But what I've seen is there have been only three meetings scheduled; only three meetings scheduled. I don't see any has been scheduled for Flagami, which is a flooding area. And the only one we are -- they are lumping together Flagami and Liberty City, which are 10 miles away, you see? Or any of them. I believe that you should schedule five meetings instead of three, so there should be a meeting in each district, because people in Flagami are very, very, very interested in what's going on and how it's going to affect them, and I think people in other areas, too. You see, only three meetings, and lumping them -- lumping the districts together, I don't think that it will keep our popu -- our residents informed. City of Miami Page 133 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 Chair Russell: Thank you, Commissioner Reyes. Commissioner Reyes: And can I --? Joseph Napoli (Deputy City Manager): Yes, Commissioner. We'll adjust our plan. The original plan was based on -- but the contract and also the association of the different areas associated with the storm water basins -- Commissioner Reyes: Well -- Mr. Napoli: -- but we'll go ahead and adjust our plan as you directed, for each Commission -- I mean each Commission district. Commissioner Reyes: That mean that every Commission -- every district will have the opportunity to call the residents and inform them about our master plan? Mr. Napoli: Yes, sir; will do. Commissioner Reyes: Okay. Thank you, sir. Chair Russell: Thank you. And just to clan fy or correct myself, in case they quote me instead of you on that last SAP (Special Area Plan) item, I used the word, "incringe upon," in terms of the SAP, which is not actually an English word; unless - - I just coined it to be a cringe -worthy encroachment is an incringement, so they are incringing upon the single family. I just misspoke. I apologize (UNINTELLIGIBLE). Commissioner Reyes: And also, lastly, that -- before I forget it. Last year, when I first came in about this time of the year, I gave a directive to the City Manager that since we are close to the hurricane season that we start cleaning our storm sewers. Chair Russell: Oh, yes; they are. Commissioner Reyes: That we start pruning our trees, you see, because what's happening is that before we know it, we're going to have hurricane season here. And as you know, you see, most of the -- we have a lot of flooding, because the storm sewers are -- they are clogged. And the greatest amount of loss of electricity or blackouts is due to branches knocking down powerlines. Alan Dodd (Director, Public Works): Yes, Commissioner. And actually, about a month and a half ago is when we started our hurricane season prep, specifically looking at the tree branches with our tree -trimming crews, and the storm water folks, looking at the catch basins, to hit the ones that we know historically have problems as we go into the hurricane season. So we actually started that about a month and a half ago. Commissioner Reyes: Good. Mr. Dodd: We have a ramp -up as getting to that June 1 date. Commissioner Reyes: You already started the program, right? Mr. Dodd: Yes. The Vactor -- Commissioner Reyes: Well, congratulations. You are on the ball, man. Chair Russell: Yeah. And the Vactor trucks are out on the storm drains, as well, so. City of Miami Page 134 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 NA.7 5842 Office of the City Clerk Commissioner Reyes: And that's in your district, but they haven't been around mine yet. I don't know why you get it first all the time. Chair Russell: They will be now. Commissioner Reyes: Well, what's wrong with this guy? He gets everything he wants. Chair Russell: I'm also the frontline of the hurricane. Commissioner Reyes: Oh, yeah. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT A SPECIAL MIAMI CITY COMMISSION MEETING TO BE HELD MAY 8, 2019, AT 9:00 A.M. THE PERSON CHAIRING THE CITY OF MIAMI SPECIAL 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 ELEVENTH 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 SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 9:00 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 SPECIAL COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE SPECIAL COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 1 RESULT: DISCUSSED Commissioner Hardemon: Mr. Chairman? Chair Russell: And you need to read into the record the actual shade item. Barnaby Min (Deputy City Attorney): Yes. Thank you. City of Miami Page 135 Printed on 06/25/2019 City Commission Meeting Minutes April 25, 2019 ADJOURNMENT Commissioner Hardemon: Before you do that, Mr. Chairman, I want you to know that there was a County Commissioner by the name of Dorrin Rolle. He used to infamously say, "Lah-dee-dah-dee and everybody." He has invented more words with the English language than you could ever, so you can thank him for bringing new words to make your point. It's okay. Chair Russell: All right. Incringe-worthy. Incringement. All right. So go ahead and read. And gentlemen, you're free to go. We'll adjourn right after we have the shade meeting read into the record. Mr. Min: Thank you, Mr. Chairman. Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.01(8) Florida Statutes, the City Attorney is requesting at the City Commission meeting of -- the special City Commission meeting of May 8, 2019, an attorney -client session closed to the public be held for the purposes of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corporation versus City of Miami, Case Number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The substance of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The private meeting will begin at approximately 9 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, Commissioners Keon Hardemon, Joe Carollo, and Manolo Reyes; City Manager Emilio Gonzalez; Attorneys Gonzalo Dorta, Matteas Dorta, Laura Bezvenik, and Julie Nevins. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Chair Russell: Thank you, Barnaby. If there's no further business for the City, then we will be adjourned. We hope Joe feels better. If he's watching, take care. We'll see you next time. All right, guys, adjourned. The meeting adjourned at 4: 47 p.m. City of Miami Page 136 Printed on 06/25/2019