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HomeMy WebLinkAboutCC 2019-12-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 12, 2019 2:00 PM Planning and Zoning City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Chair Alex Diaz de la Portilla, Commissioner, District One 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 December 12, 2019 ORDER OF THE DAY CALL TO ORDER Present: Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 12th day of December 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 6:30 p.m., recessed at 7:25 p.m., reconvened at 9:19 p.m., and adjourned at 11:23 p.m. Note for the Record: Commissioner Hardemon entered the Commission chambers at 6:46 p.m., and Chair Russell entered the Commission chambers at 7:21 p.m. ALSO PRESENT: Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Commissioner Diaz de la Portilla: You do have a swearing in. Mr. Clerk, you have a swearing in. Todd B. Hannon (City Clerk): I will administer the oath. Commissioner Diaz de la Portilla: You administer the oath after --? Mr. Hannon: Yes. Madam City Attorney will read a statement into the record, then I will administer the oath -- Commissioner Diaz de la Portilla: I understand now. Mr. Hannon: -- and then the public will then -- Commissioner Diaz de la Portilla: As soon as they're ready over there, right? Mr. Hannon: Almost. Commissioner Diaz de la Portilla: Okay. Mr. Hannon: Madam City Attorney. Victoria Mendez (City Attorney): Thank you. Commissioner Diaz de la Portilla: Madam Attorney -- Ms. Mendez: Thank you so much. Commissioner Diaz de la Portilla: -- you 're recognized. Ms. Mendez: 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 the City Attorney on items on the agenda today. The members of the City City of Miami Page 1 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period 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 then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application and request for the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The order of presentation shall be as set forth in Miami 21. For appeals, the appellant will present its appeal to the City Commission first, followed by the appellee. Staff will be allowed to make any recommendations they have. All persons testifying will 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 Section 2-8. The documents offered to the City Commissioners that have not been provided at least seven days before the meeting as part of the agenda item titles will be entered into the record at the City Commission's discretion. Thank you. Mr. Hannon: Good after -- or good evening, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items -- if you're speaking on any of today's Planning and 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. Commissioner Diaz de la Portilla: Anyone wish -- you're recognized, Commissioner Reyes. Commissioner Reyes: Yes, Commissioner Diaz de la Portilla. I would like to ask for a defer -- Commissioner Diaz de la Portilla: It's actually "Chairman" Diaz de la Portilla. Commissioner Reyes: Oh, Chairman. I mean, Mr. Chairman. That's right. Excuse me. Commissioner Diaz de la Portilla: A little levity at this time, right? Commissioner Reyes: Okay. Mr. Chair? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Mr. Chair, I would like to ask for a deferment on Item PZ.5. Commissioner Diaz de la Portilla: Any objection to that, to a deferred? Commissioner Reyes: No. It's an ordinance that I -- City of Miami Page 2 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Is there --? That's your motion. Is there a second? Well, we don't see -- we have -- oh, Commissioner -- Mr. Hannon: And, Chair, what we can do is, we will go through all of the items. 1 don 't know if there 's multiple items that maybe -- Commissioner Diaz de la Portilla: Is that the only one that you wish to defer? Commissioner Reyes: That's the only one that 1 would like to -- Commissioner Diaz de la Portilla: Yes. Mr. Hannon: And then, Mr. Planning Director, are there any items? Francisco Garcia (Director, Planning): Yes. Commissioner Diaz de la Portilla: Yes. Mr. Planning Director, you're recognized. Any deferrals? Mr. Garcia: Mr. Chair, thank you, sir. For the record, Francisco Garcia, Planning Director. We would like to propose to the Commission to defer or continue the following items. We propose that Item PZ.1 be deferred. I don't have a specific date, that is, pertains to Item PZ.1. I would propose to the Commission that we defer it to a period of time you deem sufficient to sort out the AMI (area median income) issue pertaining to the inclusionary zoning designation. I submit that to you for your consideration. In addition, and pursuant to Commissioner Carollo's expressed wish always, I'd like to point out that Item PZ.1 is a proposed rezoning for a number of properties. I will give one for reference; but approximately at 1600 Northeast 1st Court, which is, generally speaking, the Omni area, northwest of the Performing Arts Center. Again, just by way of reference that we are proposing be deferred. In addition, we are proposing that Item PZ.2 also be deferred. I defer to the Commission in terms of the length of time that as pertains to Item PZ.2, which is the Miami Comprehensive Neighborhood Plan Text Amendment, to allow for the transfer of density, there we do need to put together a draft ordinance for your consideration curbing and protecting low density residential areas against undo traffic and parking impacts. That would take us, arguably, a couple of months, and so we will certainly accept a deferral for that amount of time. In addition, we would like to certainly accept and agree with the deferral proposed by Commissioner Reyes for Item PZ.5. I defer to you as to when it might be heard again. An additional item to be continued. This is a request of the applicant for Items PZ.6 and PZ.7. They have requested that the item be continued to the January 23 Planning & Zoning meeting of the City Commission. And that is all I have today. Commissioner Carollo: PZ.6 and 7 continued? Mr. Garcia: Yes, sir, and that will be for the land use and zoning changes for properties at approximately 3040 Carter Streets. Commissioner Carollo: In the Grove? Mr. Garcia: Yes, sir. Commissioner Carollo: Now, you were saying before on PZ.1 -- Mr. Garcia: Yes. Commissioner Diaz de la Portilla: PZ.1, 2 and 5 are indefinite deferrals, until we -- Commission sets a date; is that correct? City of Miami Page 3 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Garcia: If that is the Commission's wish, we are certainly happy with that. Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: So let's -- Commissioner Carollo: That's a good idea. Commissioner Diaz de la Portilla: -- move -- Commissioner Carollo: Let's vote on that. Commissioner Diaz de la Portilla: Commissioner -- I'm sorry; Commissioner Reyes. Commissioner Reyes: I'm saying, I will decide when I would want to bring it back, right? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yeah, that could be -- let's say that the second meeting in January. Commissioner Carollo: Okay. So we're talking about PZ.1, 2 -- Commissioner Diaz de la Portilla: And 5. Commissioner Reyes: And 5. Commissioner Carollo: -- and 5. Commissioner Reyes: I'm talking about PZ.5. Commissioner Diaz de la Portilla: So Commissioner Reyes moves that we indefinitely defer PZ.1, PZ.2 and PZ.5. Commissioner Carollo: Second. Commissioner Diaz de la Portilla: Seconded by Commissioner Carollo. Mr. Hannon: Oh. And I think if we could add to that motion PZ.6 and 7 being continued to January -- Commissioner Diaz de la Portilla: 6 and -- I was going to make a separate motion, but PZ -- let's make a separate motion, right? Commissioner Carollo: Yeah. Mr. Hannon: You can make it all into one. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) and PZ.6 and 7 be deferred until the January 23 meeting; is that correct? January 23 meeting? Mr. Garcia: January 23, which will be a continuance to the next like meeting. Commissioner Diaz de la Portilla: January 23 is a continue -- be continued, not deferred; a continued. I'm learning the new terminology here, so bear with me. That PZ.6 and 7 be continued to the next meeting. Any objection? Yea? I guess, nay? Commissioner Reyes: Yes. City of Miami Page 4 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: It happens. The motion passes. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Commissioner Diaz de la Portilla: We're going to take up PZ.8. Todd B. Hannon (City Clerk): So, Chair, we can now have the public comment period for PZ.8, 9 and 10, because the only --? Commissioner Diaz de la Portilla: Yes, we'll have the public comment period for PZ.8, 9 and 10. Public comment for PZ.8. You're recognized. Victoria Mendez (City Attorney): I wanted to mention for PZ.8 there's an amendment that I need to pass out. And this item just amends the whereas; and the whereas is this amendment shall apply to marinas of a permanent nature that will be operating a business for storage, servicing, fueling, berthing and/or securing boats and will not apply to marine uses for temporary events, boat or trade shows. I am going to pass those out so that now everybody knows which item -- what amended item were -- we would be voting on, PZ.8. Commissioner Diaz de la Portilla: There's an amendment for PZ.8. City Attorney is going to pass it out. Commissioner Carollo: It's a different world, Commissioner. If I may make a statement, Senator? Commissioner Diaz de la Portilla: You're recognized, Commissioner. Commissioner Carollo: You can call me "Mayor," if you like. Commissioner Diaz de la Portilla: You're recognized. Commissioner Carollo: Since we're going by our highest titles. Commissioner Diaz de la Portilla: You're recognized. Commissioner Carollo: I think you realize that you're not in Kansas anymore, right? Commissioner Diaz de la Portilla: I'm not in Tallahassee anymore; that's for sure. That's exciting work and important work, so I'm happy to be here. You're recognized, sir. Anthony Parrish: Thank you. Thank you, Mr. Chair, Mr. New Commissioner. Commissioner Diaz de la Portilla: Good morning. Mr. Parrish: My name is -- Commissioner Diaz de la Portilla: Afternoon. Mr. Parrish: -- Andy Parrish. My office is at 3678 Grand Avenue in West Coconut Grove. I want to say, particularly, "hi" to Commissioner Carollo, who remembers me from 25 years ago. Commissioner Carollo: I certainly do. A great builder. Mr. Parrish: Building houses in the West Grove. City of Miami Page 5 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Great builder here. Mr. Parrish: So I'm actually -- you skipped over 6 and 7, which I understand are continued. Commissioner Diaz de la Portilla: Yes, sir. Mr. Parrish: But I do have a -- if you would allow me, Mr. Chair, I'd like to ask a question for Mr. Garcia or his staff about the continuance, because part of what's happening with 6 and 7 apparently, now it's coming before you for -- going from T3 to T4, and I think there may be a request to defer -- to skip the deferral, the 18-month automatic deferral, before being able to ask to go to T5. And my question for Mr. Garcia would be, if it comes before the Commission and there is a request to waive the 18-month period before they can go -- a request to go from T4 to T5, does that then have to go back to the Planning and Zoning Board, or does it automatically get approved to go to T5? Francisco Garcia (Director, Planning): It would have to go back to the Planning, Zoning & Appeals Board. Mr. Parrish: Okay. That was my question, and thank you for letting me ask it. And again, thank you for being here for us. Commissioner Diaz de la Portilla: Thank you. Anymore public comment on PZ.8, 9 or 10? You're rec -- Mark Ingraham: Good evening. Commissioner Diaz de la Portilla: Good evening. Mr. Ingraham: Mark Ingraham, on behalf of the MiMo (Miami Modern) Biscayne Association. Commissioner Diaz de la Portilla: Turn your microphone on, please. Mr. Ingraham: Good evening, Mr. Chairman. Mark Ingraham, here on behalf of the MiMo Biscayne Association. This is concerning Number 10, La Placita. Commissioner Diaz de la Portilla: Yes, sir. You're recognized. Mr. Parrish: Good evening -- Commissioner Diaz de la Portilla: La Placita. Public comment. Mr. Parrish: -- Commissioners. May it please the Commission. Like I said, my name is Mark Ingraham. I'm an attorney. I'm here on behalf of the MiMo Biscayne Association. I'm a board -- I'm a member of the board of the association. I'm also a resident of the neighborhood of the Upper East Side for 15 years. I'm a preservationist, a business owner, and an attorney. I respectfully ask the Commission to deny La Placita's appeal and require the applicant to immediately remove the mural and become in compliance with Chapter 23 of the City of Miami Code governing historic preservation. We were already here, as the Commission knows, on July 25. The Commission was not buying into the applicant 's argument that the mural was painted legally, pursuant to a special events permit. We all know you can't paint a mural that covers from top to bottom a 20,000-square-foot building, fronting Biscayne, in a historic district without a permit. Despite warnings from Code Compliance that there was no certificate of appropriateness for the mural, they continued painting. Based on the facts, it was the Commission's will and directive to the applicant, La Placita, that they should reach out to the neighborhood City of Miami Page 6 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 and other stakeholders to try and reach a satisfactory compromise, and thus, the application was appropriately remanded to the HEP (Historic and Environmental Preservation) Board. Chapter 23 of the Code states that alterations to a property cannot adversely affect the historic architectural character of a neighborhood, and historic guidelines prohibit murals, and they require HEP Board approval. Well, when La Placita was remanded back to the HEP Board, a new and much improved plan was actually initially proposed; and the Miami Biscayne Association, as well as neighborhood interests, were somewhat pleased with the progress, and we gave some additional input. The new design would bring the building back to the white color and display an outline of a beautiful Puerto Rican flag in neon that is consistent with the historic character of the neighborhood. To our dismay and complete surprise, La Placita appeared at the new HEP Board meeting and proceeded to withdraw their new plan. This act was in complete defiance to the Commission, and frankly, a waste of many people's time. We need to respect historic preservation and all the work people before us have done, and let the Art Deco District of Miami Beach be an inspiration to us, and we should learn from how successful that has been. For there to be success in a district, there needs to be consistency and respect to property owners who previously played by the rules. Look at the shining examples in the district, such as the Vagabond Motel, who did things the right way. La Placita violated City Code. They have made no effort to comply -- Commissioner Diaz de la Portilla: Your two minutes are up, sir. Mr. Parrish: -- and they have defied the neighbors and the City Commission. Please denial the appeal. Commissioner Diaz de la Portilla: Thank you very much. Mr. Parrish: Thank you for your time. Commissioner Diaz de la Portilla: Thank you very much, sir. One second, please. Can you keep it a little bit lower, please? You're recognized. Hilton Napoleon: Good afternoon. My name is Hilton Napoleon. I represent La Placita. From my understanding, this is just for the public comment section. I spoke to the City Clerk; he said that he would give us an opportunity when the actual item is called, but there are several members of the public who wants to speak on -- Commissioner Diaz de la Portilla: The Commission will give you that opportunity, yes. Mr. Napoleon: Thank you. Commissioner Diaz de la Portilla: Yes. Good evening, sir. Leandro Gawzero: Good evening. Commissioner Diaz de la Portilla: How are you? Mr. Gawzero: I'm good. Thank you. My name is Leandro Gawzero. I've been working for almost a year at La Placita, and I support PZ.10. I don't know if you want me to explain. Commissioner Diaz de la Portilla: Yes, please. You have two minutes. Mr. Gawzero: Well, La Placita is a family for us. We also brought our families, and this is very important, of course, for us, and I think it's an awesome family, so -- and a great business. City of Miami Page 7 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Yes, sir. Thank you very much. Mr. Gawzero: Thank you. Commissioner Diaz de la Portilla: Thank you for coming. Next. Good evening. Adilu Viera: Hello. Good afternoon. My name is Adilu Viera. I think -- I'm working for La Placita, and I'm the newest employee that La Placita have. And I've been working in this industry, like restaurant one, for 10 years, and it's the first time some restaurant offer me the position as a manager, and they open the doors for me, and I'm -- I'm sorry; I'm nervous. Commissioner Diaz de la Portilla: Don't be nervous. Ms. Viera: Yes. And I've been here trying to protect and be part of this restaurant, and I want to express my opinion on what I think. I moved in -- they give me an amazing opportunity to start, and I don't want to lose my job, because all the things that are happening in the restaurant right now, and I have a family to take care. I'm single mom, and I -- a son with autistic spectrum and ADHD (Attention-deficit/hyperactivity disorder). And I want to know what is going to happen if the restaurant close? Because I'm going to lose my job, and all the person is working in this company is going to lose their jobs also, and they have a story to share. I'm just sharing mine because I don't want this to happen. I don't want this restaurant to close. Commissioner Diaz de la Portilla: Well, Miss, thank you for sharing your story. You did a great job, by the way. Ms. Viera: Thank you. Commissioner Diaz de la Portilla: You did a great job. Next. Juan Carlos Restrepo: Hello. How are you? Commissioner Diaz de la Portilla: How are you, sir? Mr. Restrepo: My name is Juan Carlos Restrepo. I living around to La Placita, 5929 Northeast 5th Court. And (UNINTELLIGIBLE) -- I know Biscayne for long times ago, because I living before in Belle Meade. I know Miami is going up. I know the buildings around. I'm happy working in La Placita. You need to go for experience, service, food. It's amazing. The problem is, I think, for me is when it's closed, the restaurant, what happened to all people around me? You can't found [sic] a job, because the rest of the people -- I don 't know what is going on, but I think about this. Thank you. Commissioner Diaz de la Portilla: Thank you, sir. Come up to the podium anyone else that wishes to address the Commission. Ari Meinhold: Hi. Commissioner Diaz de la Portilla: Good evening. Ms. Meinhold: Good evening, everybody. Commissioner Diaz de la Portilla: How are you? Welcome. Ms. Meinhold: My name is Ari Meinhold. I am actually another one of the local business owners. I own a restaurant called "Phuc Yea's" on 71st and Biscayne. I've known the owners and the chefs of La Placita for many years, and I have nothing but the City of Miami Page 8 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 utmost respect for them as coworkers, competitors, entrepreneurs, and -- I mean, I firmly believe that the flag needs to be there. The flag brings an element of energy and inclusivity to the neighborhood that hasn't been there in a long time. And I mean, I've had businesses in the neighborhood since 2012, and it's always been stop and go, and stop and go, and at this very moment, we have an opportunity as business owners to really kind of ride the coattails of like the energy that Placita and all the new businesses that are opening in the area has brought; that it's not Art Deco. No, it isn't, but it 's also not on a building that is Art Deco either, you know. So the argument, sort of doesn 't bode well by me. I mean, my restaurant is in a building that follows the Art Deco and historic design, but as far as, you know, what they bring to the neighborhood and the troubles they've been having, it's unfortunate, because I think they only bring positive elements to the neighborhood, a new demographic, a new culture, new energy, and they're my colleagues and my friends, even though they're my competitors, but they're more colleagues and friends, so. Commissioner Diaz de la Portilla: Okay, Miss, thank you very much. Thank you for being here. Next. Good evening. Carmen Colon: Good evening. My name is Carmen Colon. I'm a commercial real estate agent in Miami, Florida. I'm also Puerto Rican, and I am a proud supporter of La Placita. What I'm here tonight to propose is that the Historic Preservation Board consider making some amendments to the existing laws pertaining to businesses -- well, not businesses, but land and new construction. I understand that you guys are trying to maintain the integrity of the historic neighborhood; however, there are some things that we can probably change that can even stimulate the neighborhood in terms of getting a T6-8 of use -- right of use for building higher than the three floors that they're permitted. And also, this can pertain to La Placita. It's a new construction. It's not historic. I understand it's within the historic jurisdiction. However, they should take this into consideration. This is something that is very dear to us Puerto Ricans, and also is -- it's a little bit of our identity. We like to have our own place here in Miami. Thank you. Commissioner Diaz de la Portilla: Thank you, Ms. Colon. Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: Next. You're recognized, Mr. Llorente. Michael Llorente: Thank you. Good evening again, Mr. Chair, Commissioners. Mike Llorente, Llorente Heckler, 801 Arthur Godfrey Road. I'd like to speak for a minute on Item PZ.9, which relates to the definition of workforce housing. First, I want to commend Commissioner Reyes for his dogged focus on the important and complicated issue of AMI (area median income). I know the intention of this legislation is to promote the creation of more affordable units, more workforce units in the City. I am concerned that the legislation, as drafted, could jeopardize existing City programs, like the Attainable Housing Program, which has created hundreds of affordable and workforce units, as well as inclusionary zoning. Last week, during the PZAB meeting, several board members expressed similar concerns; and deferred the item indefinitely, calling for a workshop in January. Again, I commend the Commissioner, because even though this is the first time this item appears on the agenda, this is an issue you've been talking about for some time. Commissioner Reyes: Mr. Chair, may I make my comment? Commissioner Diaz de la Portilla: Well, you want him to finish his two minutes, and then you -- Commissioner Reyes: Okay. City of Miami Page 9 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: -- I'll recognize you, Commissioner. I'm sorry, Mr. Llorente; continue. Mr. Llorente: Thank you, sir. And so, again, I do think it's an important issue to be addressed. I simply urge that this body, like the Planning, Zoning & Appeals Board last week, pause for a moment, study the issue, and examine whether there are alternative, carefully calibrated solutions to the problem. Thank you. Commissioner Diaz de la Portilla: Thank you, Mr. Llorente. Commissioner Reyes, you 're recognized. Commissioner Reyes: Yes. It has nothing to do with what Mr. Llorente is talking about, but what the Administration did at the time. At the time when the PZAB was -- it was meeting, the Assistant Director of Planning, instead of explaining what was the intent of the law on why we were changing, he was totally, I mean, opposed to this legislation. That's why I said, and I stated very clearly, that we are the ones that legislate; that they don't legislate. It looks like -- as a matter of fact, my assistant was coming by and he had to intervene, and said, "This is not what the Commissioner is trying to do, " you see? Because his assistant was totally in favor of the developers and not of the intent of the program to provide affordable housing to people that really needs it, using the rightAMI. You see? And that's what -- something that I wanted to bring, and that's part of my frustration too. Commissioner Diaz de la Portilla: Thank you, Commissioner Reyes. Anyone else wants to address the Commission on PZ.8, 9 or 10? Ma'am, you can come. Yes, please. Good evening. Mariella Lopez De Alber: My name is Mariella Lopez de Alber, and I'm a 20-year resident and pioneer and visionary of the Upper East Side, when it wasn 't the Upper East Side. May I please approach the bench? Commissioner Diaz de la Portilla: It's not a bench, but it works. How are you? Thank you. Commissioner Reyes: (Comments in Spanish not translated). Ms. De Alber: So here we are once more again. You know that this issue has been very redundant. You have seen all the videos that we have sent you of the massive invasion that we have had because of this illegal mural, and due to the fact that this restaurant does not operate to Code or any kind of compliances and permitting. We, the neighbors of Northeast 68th Street, ask the Board of Commissioners of the City of Miami to continue to protect our neighborhoods and implement Code enforcement and not continue to allow La Placita on the following. This comes to heart because we have suffered a lot. Having a total defiance with great disregard and disrespect of the HEP Board's final ruling twice, the illegal mural must come down. Operating for nearly a year with ongoing Code violations, citations, racking up the landlord's violations, cost not of theirs but to the landlords; presently, it's $76,000, 24 -- $250 per day. Continuing to find loopholes, no fault of theirs, but that of the City's mismanagement, the City Manager, in not enforcing Code and appropriateness of legal permits; mocking and being defiant; not only to the HEP Board, but to that of the City Commissioners and the law as well. If the HEP Board is to continue to function with integrity and respect, paid by our taxpaying dollars, then it is imperative that their decisions are backed and reinforced by the Commissioners and the City, for that is the law. It is crucial more than ever that today the Commissioners honor their decision and reinforce the illegal mural to come down. More importantly, establish -- you will be establishing, in doing so, a precedent to stop, once and for all, all these illegal corrupting actions this establishment City of Miami Page 10 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 has done for the past year, and for all others to come not thinking they can do same. So we urge you today, as Commissioners, as -- Commissioner Diaz de la Portilla: Thank you, ma'am. Ms. Alber: -- our government, to vote and do the right thing. Commissioner Diaz de la Portilla: Thank you, ma'am. Thank you. Caroline Defreze: Hi. I'm Caroline Defreze -- Commissioner Diaz de la Portilla: Good evening, ma'am. How are you? Ms. Defreze: -- and I live at 635 Northeast 68th Street, next door to La Placita. And I'm here to speak on PZ.10. So I was there -- I've lived in the Upper East Side for 30 years. I came from England, and I had to follow the rules. And I moved into a historic district, and I had to come before the HP (Historic Preservation) Board for windows, for doors, for painting, and Mariella and I struggled with that over a course of about 20 years, just trying to upgrade our properties. And so, I was there the day that they painted the flag, and it happened at like about 10 o'clock in the morning, and I called Code, and they said, "Oh, we 're already here." So I was like, "Okay, cool." So I went outside my door, and then two cars pulled up, and it was the Mayor and his police guy that -- you know, his bodyguard, and they parked illegally in front of my house, so I was like, "Great. Okay, so the Mayor's here." So I go out there, and I'm like, "Okay, this building is illegal. It's not to Code, and they're painting an illegal mural. Why are you supporting it?" And I said that directly to the Mayor. And he just kind of stood there and looked sort of spacey. And then I said, "And why are you parked in front of my house?" And so, it was kind of a weird thing, because I knew that it was going up illegally. And then what happened was they just kept painting until 1 o'clock in the morning, and the Code officer said, "Hey, we can't do anything because the Mayor's supporting." So when I look at this issue, I'm kind of -- and I feel for, you know, people who come out to the flag because I see them every day. They're taking pictures. They 've essentially created a tourist attraction. But I worry, you know, and -- that our government is going to the based on the idea that you send the police and the Mayor over to whatever you want done, and then it gets done, and I don't think that's a very good way to run a democracy. And so, you know, if you guys really want to help these people and you really want to help them to have a place to go to that is -- Commissioner Diaz de la Portilla: Thank you, ma'am. Your time's up. Ms. Defreze: -- significant. Commissioner Diaz de la Portilla: You have a good night. Next? Commissioner Carollo: Who told her we were running a democracy here? Commissioner Diaz de la Portilla: Commissioner Carollo. Commissioner Carollo: Yeah. Who told you we were running a democracy? Don't you know we're militarized? We 're under siege. Ms. Defreze: (UNINTELLIGIBLE) democracy. Commissioner Carollo: We're under siege. Commissioner Diaz de la Portilla: Thank you. Thank you. City of Miami Page 11 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Defreze: I think it was Boris Johnson. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Any additional public comments? Hi, ma'am. Good evening. How are you? Alexandra Plotkin: Hello. I wasn't expecting to come up, but -- Commissioner Diaz de la Portilla: You're good. Go ahead. Ms. Plotkin: My name's Alexandra Plotkin. I've lived here my entire life, three generations; born and raised in Miami Beach. Not only have I been in the industry; my family's in the industry. We come from law enforcement in my family. You're not going to hear from the other neighbors, the 98-year-old woman that comes to our place every morning and talks to our bartender. Her only family is us. You're not going to hear from the other neighbor that walks his dog every day and talks to us. These people are mad, and I understand, but we've been nothing but inviting into our area, because this is everyone's area, and we're willing to share it. We did whatever we thought was right. We never broke any laws. I think this issue has become way bigger than it needs to be. And I just needed to speak for the other neighbors that are not here that couldn't be here. Thank you. Commissioner Diaz de la Portilla: Thank you, Miss. Thank you. Good evening. Alisa Cepeda: Good evening. Alisa Cepeda, 531 Northeast 76th Street. I'm here on behalf of the MiMo Biscayne Association; I'm its president. Let me start off by saying that we are really happy that the res -- that this restaurant decided to come to the MiMo District. We have nothing against the restaurant. We 're happy they filled an empty space when Balans closed. This has nothing to do with the restaurant, whatsoever. We're not against the flag, at all. Our historic guidelines don't allow murals. That is the issue. We have followed the rules, and we have followed procedures. We have been before the HEP Board twice; twice, the HEP Board has asked that this be painted over. There was an alternate proposal brought to the HEP Board. We supported that proposal. We have met with the applicants and the building owner four times. I'm not sure why we're here tonight to discuss this appeal. The applicant asked that his application be denied at the HEP Board, so I'm still trying to process that and figure out why we're here. He got what he asked for. I'm not sure what we're appealing. So I would like to reserve, if possible, a little bit of my time that hasn't gone off yet to respond to anything that is said during the presentation, if that's okay? Commissioner Diaz de la Portilla: This is public comment that we're making. I'm passing the Chair now to the real Chair. Commissioner Russell, you're recognized. Ms. Cepeda: Thank you. Commissioner Reyes: Oh (UNINTELLIGIBLE) do that (UNINTELLIGIBLE). Chair Russell: Thank you. Thank you for your comments. Commissioner Diaz de la Portilla: I was moving this along, Commissioner. You need to move it fast. Chair Russell: Thank you. If all remaining people here for public comment could approach the lecterns. Is there anyone here left to speak on any of the Planning and Zoning items, please approach both lecterns at this point and line up. That way, we can move through it quickly. City of Miami Page 12 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Chairman Russell -- Chair Russell: Yes, Commissioner. Commissioner Carollo: -- so you know what we did while you were gone. We approved the pocket item to have the Republic of Coconut Grove succeed from other cities, so. Chair Russell: Thank you. Peacocks rejoice. All right. Is this the last speaker for public comment tonight on any of the Planning and Zoning items? There's no one else left to speak? All right. Thank you. You're welcome, sir. Roland Castro: Good evening. My name is Roland Castro. I live at 3683 Hibiscus Street, in Coconut Grove. I also own a property on 68th Street, east of Biscayne Boulevard. And I'm against the flag on principle. I don't think that it's the greatest idea. I think a flag is a symbol. A symbol is something that is charged with a lot of human emotions, and part of the reason why we're here, and I believe that these human emotions are very tricky. We have -- we always think of a flag as heroism, love of country, et cetera, but it can also mean other things. It can also mean division and hatred, and many other things. So I -- in principle, I think a flag is wrong. I don't think it should be put in a -- in display in a public place like that. Just imagine if I were across the street. There's an empty restaurant -- or an empty building that's to be maybe another restaurant. What if I decided to put a Syrian restaurant, and decide that I want the Syrian flag the size of the building? How would you feel about that? Think of the precedent. I don't think any flag should be allowed in any public right-of-way, except that of the United States. And if there is going to be one, the flag of the United States should over -impose that other flag, no matter where it's from. Thank you. Chair Russell: Thank you for your comments. Final chance. Anyone here to speak on any of the remaining Planning and Zoning items? You would like to speak? Commissioner Hardemon: She already spoke. Chair Russell: I'm sorry. Thank you. All right. So we're going to close public comment on the Planning and Zoning items. City of Miami Page 13 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 6530 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-A-O," URBAN CORE TRANSECT- OPEN, TO "T6-24-B-O," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64, 108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: For minutes referencing Item PZ.1, please see "Order of the Day." City ofMiarni Page 14 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.2 ORDINANCE Second Reading 3698 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13782 MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: For minutes referencing Item PZ.2, please see "Order of the Day." PZ.3 ORDINANCE Second Reading 6531 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, 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: Keon Hardemon, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Diaz de la Portilla, Reyes, Hardemon NAYS: Carollo ABSENT: Russell Note for the Record: Item PZ.3 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. City of Miami Page 15 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Are we now back to the public -- are we going to the public comment, or we're still with doing deferrals? Commissioner Reyes: The public -- Todd B. Hannon (City Clerk): We've, I think, finished with all the deferrals for the PZ agenda. So now the -- if -- Commissioner Diaz de la Portilla: Now we open up the public comment -- Mr. Hannon: -- you would like to open up to the public. Commissioner Diaz de la Portilla: -- period. And please come up to the podium if you wish to address the Commission. Commissioner Carollo: Can I add something to the -- not the usual how we do it here, but just to kind of go quicker. PZ.3, can we get any public comments on it, and then let's take it up right away? Commissioner Diaz de la Portilla: PZ.3 and 4 together, I believe. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: So we'll hear public comment for PZ.3. Anyone has comments on PZ.3 and 4 -- or 4? You're recognized, sir. Good afternoon. Brett Bibeau: Thank you. Commissioner Diaz de la Portilla: Good evening. Mr. Bibeau: Good evening, Honorable City Commission. Brett Bibeau, Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I'd like to quickly welcome and congratulate Senator Diaz de la Portilla -- Commissioner Diaz de la Portilla: Thank you. Mr. Bibeau: -- whom, over a decade ago, I'm sure we'll recall, that you were instrumental in securing millions of dollars from the State in the River Maintenance Stretching and Environmental Cleanup Project, for which I'm eternally grateful. Commissioner Diaz de la Portilla: Thank you. Mr. Bibeau: Thank you, sir. Commissioner Diaz de la Portilla: Thank you, sir. Thank you for your work. Mr. Bibeau: Appreciate it. During the Miami River Commission's July 9, 2018 public meeting, the City of Miami Department of Real Estate and Asset Management Director Dan Rotenberg and Michael Llorente presented illustrative drawings, and the attached aspirational development guidelines, which are being distributed, for 444-460 Southwest 2 Ave. The presentation featured the public riverwalk, waterfront building setback and view corridors greater than the minimum requirements of Miami 21, Section 3.11 and Appendix "B." The Miami River Commission adopted a unanimous resolution, finding the proposal consistent with the adopted Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan that the City Commission allow the item to be voted on by the public at referendum, subject to the following conditions which were agreed upon by City of Miami Page 16 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 the presenters. Number one, full compliance with the Zoning Code, Section 3.11, which is the 50-foot building setback from the river, the 25-foot-wide public riverwalk, featuring the minimum 15-foot-wide unobstructed circulation zone with view corridors. Number two, to maintain existing boat access. Number three, consider coastal flooding and design, using data from the City. Four, inspect the seawall and construct a new seawall, if needed. And finally, five, incorporating the attached aspirational development guidelines. Since then, the public voted in favor of the proposal at referendum. Please note, the Miami River Commission did not consider and is not providing an advisory recommendation related to the City's financial considerations regarding this item. Your time and support for the Miami River District are appreciated, and wish you all a Happy Holidays. Thank you. Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: On PZ.3 or 4. Anyone else on PZ.3 or 4? Good evening. Michael Llorente: Good evening, Mr. Chair, Commissioners. And Chairman Diaz de la Portilla, congratulations on your rapid ascent to the Chairmanship. Commissioner Diaz de la Portilla: Thank you. Mr. Llorente: Mike Llorente, Llorente Heckler, 801 Arthur Godfrey Road. I understand this public comment is limited just to PZs.3 and 4. Commissioner Diaz de la Portilla: It is. Mr. Llorente: I would simply, respectfully suggest that these two items, which relate to a proposed transaction involving the MRC (Miami River Center), an item that has gone to the voters, via referendum, has been moving along in the process for several years, and has citywide impact, I would respectfully request a full dais for consideration of those items. Thank you. Commissioner Diaz de la Portilla: We don't have a full dais, unless they're in their offices. Commissioner Carollo: We don't have it. Commissioner Diaz de la Portilla: It is what it is. Perhaps, you can call their office; see if they want to come out, but it is what it is. If we have a quorum, which is what we have to have -- Mr. Llorente: If I may? Commissioner Diaz de la Portilla: You may. Mr. Llorente: Thank you, Chair. I understand there may be at least one other Commissioner in the building who may or may not be available to come out. Commissioner Diaz de la Portilla: I already said that. I already said to have -- call the Commissioners' offices and see if they want to come out, but we have now a quorum, and our rules allow us to hold a meeting with a quorum, so that's what we're doing. Mr. Llorente: I understand the Commission is impaneled. Thank you. City of Miami Page 17 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Well, the Chairman 's gone for an hour. If we 've taken it up already, we're not going to wait an hour or two for the item to be heard. So is there any other public comment on PZ.3 or 4? Any more public comment? Okay. Is there a motion? Commissioner Carollo: It's a motion for denial. Commissioner Diaz de la Portilla: There's a motion for denial. Is there a second? Commissioner Reyes: Everybody knows how do I feel about this project, and I don't believe that we should be destroying the MRC building and building a new one. If it is going to be built a new one, it must be built someplace else, so I'll second it. Commissioner Diaz de la Portilla: So we have a motion for denial that's been seconded. You need to -- I believe you need to read the title into the record. Commissioner Carollo: For the record, let me say why, because this is a Planning and Zoning item. I'm voting against it because I don't believe in the density that we're going to be placing in this land. So I'm making my decision not based on the previous items that we have discussed on this, but on the fact that this is just too much density here. Commissioner Diaz de la Portilla: Madam Attorney, please, both titles into the record -- read both titles into the record. Victoria Mendez (City Attorney): Thank you, Chairman. Commissioner Diaz de la Portilla: You're welcome. Ms. Mendez: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: You want to speak on the matter, Mr. Adler? David Adler: Yes, Mr. Chairman. Commissioner Diaz de la Portilla: Okay, we closed public com -- I believe we haven't closed public comment, so you're recognized. Mr. Adler: David Adler, 2831 South Bayshore Drive. As was previously stated, this has been a four-year deal voter referendum. I think it is only expected of you, Chairman, to at least have a deferral. With not having the Chairman here, who had to leave on a personal engagement, we sat here for four and a half hours listening to other matters, and should have heard this at 2 o'clock today. So I think on fairness to the citizens, this is what you owe to us. Commissioner Diaz de la Portilla: Fairness to you, you mean; not to the citizens. Mr. Adler: No, to the process; that the Chairman has to leave for a personal thing and we're voting. It's like you said, "When you go to the bathroom and he made a vote." Come on. You know where the Chairman sits. You know where Commissioner Keon sits. City of Miami Page 18 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: But do you know where I sit? Mr. Adler: That's absolutely true, but I feel that the -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Adler: -- other Commissioners are taking advantage of this opportunity. Commissioner Diaz de la Portilla: I don't think so, and I think that's not the appropriate thing to say to this Commission. We're doing what our rules allow us to do, which is take up matters. The Commissioner, Chairman Russell, had to leave. He had to leave. We still have a quorum. Commissioner Hardemon, I believe is in the building. He had come out. If you'd like, I would wait for Commissioner Hardemon to come out, if you can find him. Mr. Adler: And I don't see -- Commissioner Diaz de la Portilla: Do you want -- Mr. Adler: -- why we can't wait for Commissioner -- the Chairman. We've -- this has happened on many issues. I've been in -- Commissioner Diaz de la Portilla: Let's see what the will of the body is. Mr. Adler: -- 10-plus Commission meetings, where we 've waited for almost all the sitting Commissioners -- not yourself -- to come back. Commissioner Carollo: You know what? Commissioner Reyes: Yes, sir. Commissioner Carollo: I'm going to withdraw -- Commissioner Reyes: And I'm -- Commissioner Carollo: -- my motion. Commissioner Diaz de la Portilla: We're going to (UNINTELLIGIBLE) -- yes, we're going to do it. Commissioner Reyes: And I want to withdraw the second. Commissioner Carollo: Can I withdraw the motion right now? Commissioner Diaz de la Portilla: We're going to withdraw the motion to deny. We're going to grant you the courtesy -- Mr. Adler: Thank you very much. Commissioner Diaz de la Portilla: -- but it 's a courtesy. Mr. Adler: Thank you, Commissioner. Thank you, Commissioner. Commissioner Carollo: Well, I'm going to make a motion for approval. Commissioner Hardemon: No. That's the same thing. City of Miami Page 19 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Huh? Commissioner Hardemon: It's the same thing. Commissioner Diaz de la Portilla: It's the same thing -- Commissioner Hardemon: It's the same thing. Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE) just did, right? Commissioner Carollo: No. Commissioner Hardemon: It is. It's cute. Commissioner Diaz de la Portilla: The motion (UNINTELLIGIBLE). Commissioner Hardemon: It's cute, but it's the same thing. Commissioner Carollo: It's a what? Commissioner Diaz de la Portilla: Well, let's take it the way it's supposed to be. Commissioner Carollo recognized, and then I'll recognize you, Commissioner Hardemon. Unidentified Speaker: Thank you. Commissioner Carollo: Motion for approval. Commissioner Diaz de la Portilla: This -- you withdraw your motion. Now you have a motion to approve? Commissioner Carollo: Yeah, I withdraw my motion. Does the seconder withdraw it? Commissioner Reyes: Yeah, I'll withdraw the second, but I'm not going to second the approval. I've been -- Commissioner Diaz de la Portilla: So you're not seconding the motion to approve? Commissioner Reyes: Yeah, the motion for approval, I will not -- I -- from day one, I objection [sic] of this -- Commissioner Diaz de la Portilla: So there is no second to the motion? Commissioner Hardemon: Seeing that there's no second to the motion, Mr. Chairman -- Commissioner Diaz de la Portilla: You're recognizedfor? Commissioner Hardemon: -- I would like to move to -- Commissioner Diaz de la Portilla: Table the matter? Commissioner Hardemon: Not even table the matter; to continue it to the next -- Commissioner Reyes: Well -- City of Miami Page 20 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: -- like meeting, or next meeting. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay, there's a motion for a -- to continue to the next meeting. Is there a second to that motion? Is there a second to that motion? Commissioner Reyes: Okay, let me put it this way. Let's vote -- Commissioner Diaz de la Portilla: Is there a second to the motion? Commissioner Reyes: No, but (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: There's no second. There's no second. Commissioner Reyes: There's a second to Commissioner Carollo's motion; that way, we can discuss it. Commissioner Diaz de la Portilla: Well, that's no longer on the table. Commissioner Carollo: That's no longer there. We have to vote on this and then -- Commissioner Diaz de la Portilla: There's a motion by Commissioner Hardemon; there is no second. Commissioner Hardemon: Unless it's by the Chair? Commissioner Diaz de la Portilla: You know what? Let's do this the right way, so that everybody has a fair shot at doing this. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Let's -- I'll second your motion. Commissioner Hardemon: Thank you, sir. Commissioner Carollo: All right. Commissioner Reyes: When it's going to be deferred to? Commissioner Diaz de la Portilla: No. We're going to defer this matter until the next Commission meeting -- Mr. Hannon: That'll be January 9, 2020. Commissioner Diaz de la Portilla: -- January 9, 2020, and we'll take it up with a full -- if a full Commission is here, we'll take it up, no matter what -- who's here -- Ms. Mendez: If -- Mr. Hannon: Sir -- Commissioner Diaz de la Portilla: -- as long as we have a quorum. Ms. Mendez: -- it's a rezoning -- Commissioner Diaz de la Portilla: Is that fair enough for you? City of Miami Page 21 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: It needs the second meeting. Commissioner Reyes: But -- point of information. Mr. Hannon: But if there's no objection. Commissioner Hardemon: I thought we had legislat -- I'm sorry, Mr. Chairman. Through -- Commissioner Carollo: Call the question. Commissioner Hardemon: I thought we had legislation that allowed us to have -- to address these things on any Commission meeting day -- Ms. Mendez: I believe that's for fir -- Commissioner Hardemon: -- or has it not passed yet? Ms. Mendez: I think that's first reading. Commissioner Hardemon: Oh, it 's -- Ms. Mendez: Is it a first reading legislation to address at any time? Commissioner Hardemon: Excuse me? What's the question? Ms. Mendez: First reading legislation to address at any time. So we still haven't passed that legislation. So right now -- Commissioner Hardemon: Oh, we haven 't passed yet. Ms. Mendez: -- it has to go -- Commissioner Hardemon: So it needs to go then -- Ms. Mendez: -- to the second meeting. Commissioner Hardemon: -- to the second meeting in January? Commissioner Diaz de la Portilla: Second meeting. Mr. Garcia: January 23. Commissioner Diaz de la Portilla: There's a motion by Commissioner Hardemon; there 's -- seconded by me. Commissioner Reyes: This -- Commissioner Diaz de la Portilla: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. Madam City Attorney, this is -- requires a four -fifth, right? Madam City Attorney? Ms. Mendez: I'm -- Commissioner Reyes: This requires a four -fifth for approval, right? City of Miami Page 22 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: This one, no; no four -fifths. Commissioner Reyes: No, the -- not the motion. I'm talking about passing this ordinance. Ms. Mendez: No. These two PZ (Planning and Zoning) items are a majority. Commissioner Reyes: A majority. Ms. Mendez: Just one second. I just have to clam on the -- allowing -- we still haven't addressed the SRs (second readings), correct? We haven't addressed those. Commissioner Diaz de la Portilla: Correct, we haven't done the SRs. Ms. Mendez: So the Septem -- the second meeting still stands. Commissioner Diaz de la Portilla: We have a motion. We have a second. We 're discussing the motion now. All those in favor, say "aye." Commissioner Carollo: Nay. Commissioner Hardemon: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Carollo: Now, I want to make a motion. Commissioner Diaz de la Portilla: The motion fails. Commissioner Reyes: I am going to second the motion for approval. Commissioner Diaz de la Portilla: We have a motion for approval; a second. We have a second on the motion for approval. All those in favor of the mo -- Any discussion? Discussion. You're recognized, Commissioner Hardemon. Commissioner Hardemon: There's a motion and a second for approval? Commissioner Diaz de la Portilla: For approval. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: Give me a second. Motion and second for approval. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: Okay, I'm fine. Commissioner Diaz de la Portilla: There's a motion for approval and a second. All those in favor of the motion for approval, say "aye." The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Opposed? The motion fails. Commissioner Hardemon: The motion passes. Mr. Hannon: Wait, wait, wait. City of Miami Page 23 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: The motion passes. Silence is consent. Mr. Hannon: Silence equals consent, so is that -- Commissioner Diaz de la Portilla: Silence is consent. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: Is there --? Commissioner Diaz de la Portilla: But that's not -- look, we're not going to do that. Commissioner Hardemon: Is there a motion to reconsider? Commissioner Reyes: I said, "nay." Mr. Hannon: So again, for the record, PZ.3 and 4 passed. Commissioner Diaz de la Portilla: No, but they were under the prevailing side -- Commissioner Reyes: I said, "nay." Commissioner Diaz de la Portilla: -- so there's -- Commissioner Hardemon: You didn't say anything. Commissioner Diaz de la Portilla: -- to recon -- Commissioner Reyes: I said, "nay." Commissioner Carollo: (UNINTELLIGIBLE) we said, "nay. Commissioner Reyes: I said, If Mr. Hannon: You both said, "nay? Okay. Commissioner Reyes: That's right; I said, "nay" Mr. Hannon: So then 2-2. Commissioner Diaz de la Portilla: Okay. Mr. Hannon: The motion fails. Commissioner Diaz de la Portilla: So the motion fails. Commissioner Carollo: But just so I can please you, let me put the motion again. Commissioner Diaz de la Portilla: Commissioner -- Commissioner Carollo: Madam City Attorney, can we make the motion again? Commissioner Reyes: Let's stop this. Commissioner Hardemon: The motion already passed, technically. Commissioner Reyes: Let's stop this. Let's stop this. I -- let -- City of Miami Page 24 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Let's do this. Look -- Hold on. Commissioner Reyes: You see -- Commissioner Diaz de la Portilla: This is not what's supposed happen on my first Commission Chairman (UNINTELLIGIBLE). Commissioner Hardemon: He's a (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: This is what we're going to do. This is what we're going to do. I understand the opposition. I understand the people that are in favor. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Let's just continue it to the next Commission meeting, and we'll have the debate. Commissioner Reyes: Let's do that. Commissioner Diaz de la Portilla: And that way everybody gets a shot -- Commissioner Reyes: Let's do that. Commissioner Diaz de la Portilla: -- in making their arguments -- Commissioner Reyes: Let's do that. Commissioner Diaz de la Portilla: -- and let's be fair to the applicant, let's be fair to the citizens, and to all the Commissioners; they can all vote on it. Commissioner Carollo: Madam City Attorney -- Commissioner Diaz de la Portilla: So I'm -- so there's a motion by -- Commissioner Carollo: -- (UNINTELLIGIBLE). Ms. Mendez: Right, so there needs to be a motion to reconsider in order to be able to -- Commissioner Diaz de la Portilla: There's a motion to reconsider by Commissioner Commissioner Hardemon: Well, let me say -- Commissioner Diaz de la Portilla: On the prevailing side. He was on the prevailing side. Ms. Mendez: It was a motion to approve that failed. Commissioner Hardemon: Mr. Chairman? Commissioner Diaz de la Portilla: There's a motion to reconsider by Commissioner Carollo. Mr. Hannon: Right. But there's nothing to reconsider. City of Miami Page 25 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: But wait. Mr. Hannon: (UNINTELLIGIBLE) is on the floor. Commissioner Hardemon: Mr. Clerk? Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: Mr. Chair? Mr. Hannon: Correct. Commissioner Hardemon: Mr. Chair? Ms. Mendez: When it fails -- Commissioner Hardemon: Mr. Chair? Mr. Hannon: The motion failed. The item hasn't failed yet, because -- Commissioner Diaz de la Portilla: Through the Chair. Mr. Hannon: -- they're still discussing what to do with it. Commissioner Diaz de la Portilla: Mr. Clerk, through the Chair, please. Mr. Hannon: I'm sorry, sir. Commissioner Diaz de la Portilla: You're recognized. Mr. Hannon: My apologies. Right now the floor is open for a new motion. There's nothing to reconsider. Commissioner Diaz de la Portilla: The floor -- okay. Correct. Commissioner Hardemon: Mr. Chairman? Commissioner Diaz de la Portilla: You're recognized, Commissioner Hardemon. Commissioner Hardemon: And all I'm saying is this that we know that when there's silence and there's a vote, that silence denotes that you are in favor of the motion passing. It is uncontested at the time of the vote that there was silence. That's why I believe that the motion passed. Commissioner Diaz de la Portilla: Well, no; the Chair determines that. Commissioner Hardemon: Right? Commissioner Diaz de la Portilla: The Chair is the one -- Commissioner Hardemon: Okay. Commissioner Diaz de la Portilla: -- that determines that, not you. Commissioner Hardemon: And so, the Chair -- City of Miami Page 26 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Right. So we -- but we can still reconsider it, so it doesn't really matter. Commissioner Hardemon: Right. So -- Commissioner Diaz de la Portilla: If they were on the prevailing side, they can reconsider it. So they'll reconsider and then -- Commissioner Hardemon: At the end of the day, we tend not to take advantage of the absence of one Commissioner or two. There are many times that we could have taken advantage of the absence of one Commissioner -- Commissioner Reyes: Yeah, yeah, yeah. Commissioner Diaz de la Portilla: But Commissioner -- Commissioner Reyes: That's fair. Commissioner Diaz de la Portilla: -- wait. That's what we're doing. Commissioner Hardemon: I understand that. Commissioner Carollo: You know what I'm more -- Commissioner Diaz de la Portilla: We're going to continue -- Commissioner Carollo: -- concerned with, Commissioner? Commissioner Hardemon: No. Commissioner Carollo: I'm more concerned with taking advantage of the residents of Miami. That's what I'm concerned about. Commissioner Diaz de la Portilla: We are going to continue it. Is there a motion to continue it? There's a motion to continue -- Commissioner Hardemon: I have the motion to continue. Commissioner Diaz de la Portilla: There's a motion to continue by Commissioner Hardemon; seconded by the Chair. All those in favor of continuing the matter to the next Commission meeting, say "aye." Mr. Hannon: Sorry. I believe it needs to be continued to January 23. Commissioner Diaz de la Portilla: To the January 23 Commission meeting -- Mr. Hannon: Correct. Commissioner Diaz de la Portilla: -- say "aye." Commissioner Carollo: Nay. Commissioner Hardemon: Aye. Commissioner Reyes: I agree with it, yes. Commissioner Diaz de la Portilla: Aye. The motion passes that it's been -- City of Miami Page 27 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: And then let's continue it, and let's do it the right way. Let's continue it, and then with a full Commissioner [sic], and if we -- if there are three Commissioners that oppose it, then we kill it. I know and you know, everybody knows that this project, I do not agree with it, because I don't agree the way that we are doing what we're doing with the MRC building, which is totally unnecessary, and I don't think that it's a good business for the City of Miami. Commissioner Diaz de la Portilla: Okay, Commissioner. Commissioner Reyes: And I will restate that again, and -- but in order to be fair, okay -- Commissioner Diaz de la Portilla: Thank you, Commissioner. Thank you for your fairness. Ms. Mendez: I just have to clarify -- Commissioner Diaz de la Portilla: Thank you for your fairness. Ms. Mendez: -- and I know that the Clerk and I will have a difference of opinion, but according to Miami 21, when there is a failure of a motion to pass an item, there's an 18-month wait. So you need to reconsider this in order -- Commissioner Diaz de la Portilla: That's what I thought. Ms. Mendez: -- to place it on the next agenda, when it comes to Planning and Zoning items -- Commissioner Diaz de la Portilla: So there's a -- Ms. Mendez: -- according to Miami 21. Commissioner Diaz de la Portilla: That's what the City Attorney says, so let's reconsider. Let's do another motion. Let's reconsider. There's a -- Commissioner Hardemon: So moved. Commissioner Diaz de la Portilla: So moved by Commissioner Hardemon. Seconded? Commissioner Carollo: Whoa, whoa, whoa, whoa. What did you say about 18- months' wait? Commissioner Diaz de la Portilla: There's a motion by Commissioner Hardemon. Is there a second? Commissioner Carollo: Yeah, but what did she say? Commissioner Diaz de la Portilla: We'll clarify now. But let's put it on the table to discuss it. Seconded by Commissioner Reyes. Now, let's discuss it. Commissioner Carollo: What did you say -- Commissioner Diaz de la Portilla: Commissioner Carollo. Commissioner Carollo: -- about 18-months' wait? I didn't quite understand that. City of Miami Page 28 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: There's a -- pursuant to Miami 21, there's a limitation on further consideration when -- Commissioner Carollo: First time I might like Miami 21. Ms. Mendez: Limitation on further consideration after a denial. Whenever the City Commission has denied an application of rezoning, the Planning and Zoning Appeals Board shall thereafter not consider an application for rezoning that involves the same owner's property within 200 feet, within 12 months. Commissioner Carollo: 12 months. Ms. Mendez: So the -- I just -- Commissioner Diaz de la Portilla: Commissioner, you have a new arsenal for your weapons now, and your weapon collection. So now you have a new rule that you can use down the line, but not today. Let's -- Commissioner Carollo: What rule? Commissioner Diaz de la Portilla: What she just read. Let's -- we have a motion to reconsider. Commissioner Carollo: First time -- if what she's saying is what I understood, it might be the first time I really like this Miami 21. Commissioner Diaz de la Portilla: There's a motion by Commissioner Hardemon to reconsider -- Mr. Hannon: Chair, Chair? Commissioner Diaz de la Portilla: -- second -- Mr. Hannon: Just a moment, please. I just want to -- I know the City -- if we can just give her just 60 seconds, because right now I just want to try and get the record back on track, and I know -- I just want to give her 60 seconds so she can -- and analyze that section of Miami 21. Ms. Mendez: There was -- this is the thing. There was a motion to grant a rezoning that failed. Mr. Hannon: Right. Ms. Mendez: That was the motion. Mr. Hannon: Correct. Ms. Mendez: So if you want to -- so that means, if it fails -- Mr. Hannon: It fails, so there was nothing on the floor, so a new motion could be made. Ms. Mendez: There needs to be a new motion to be made to reconsider in order to take that item and place it on the next agenda. Commissioner Reyes: But that (UNINTELLIGIBLE) City of Miami Page 29 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: Because if not, it's time -- it's barred from coming back on the next agenda. So it needs to be -- Commissioner Reyes: But we did it. It happened. We voted on it. It was -- Commissioner Diaz de la Portilla: You voted -- Ms. Mendez: So your votes to place it is your vote to reconsider. Are we just -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: Okay, thank you. Commissioner Diaz de la Portilla: That's what we'll do. That's what we'll do. Ms. Mendez: I just wanted to clarify that for the record. That's it. Commissioner Carollo: How many months is it barred? You said 12 or 18? Ms. Mendez: There's two different sections. I'll analyze it. If you could just give me a little time, I'll analyze it -- Commissioner Diaz de la Portilla: Show the motion -- Ms. Mendez: -- and let you know. Commissioner Diaz de la Portilla: -- show the item continued. Commissioner Carollo: Sixty seconds. Commissioner Diaz de la Portilla: Show the item -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- continued -- Commissioner Reyes: Next -- Commissioner Diaz de la Portilla: -- till the January 23 -- Mr. Hannon: 23rd. Commissioner Diaz de la Portilla: -- meeting. Commissioner Reyes: Okay. That is 3 and 4. Commissioner Diaz de la Portilla: All right. That's 3 and 4. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: PZ.3 and PZ.4. Commissioner Reyes: PZ.5 is -- City of Miami Page 30 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.4 ORDINANCE Second Reading 6532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Diaz de la Portilla, Reyes, Hardemon NAYS: Carollo ABSENT: Russell Note for the Record: Item PZ.4 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.4, please see Item PZ.3. PZ.5 ORDINANCE Second Reading 6796 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR "PUBLIC STORAGE FACILITIES," BY REQUIRING ON -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN TRANSECT ZONES; PROVIDING THAT ON - SITE BULKY WASTE DISPOSAL NOT BE SEPARATELY CHARGED TO EXISTING CLIENTS, PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon, Russell Note for the Record: For minutes referencing Item PZ.5, please see "Order of the Day." City of Miami Page 31 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.6 ORDINANCE First Reading 6760 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: Item PZ.6 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.6, please see "Order of the Day" and "Public Comment Period for Planning and Zoning Items." City ofMiarni Page 32 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.7 ORDINANCE First Reading 6761 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING/DENYING THE WAIVER OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: Item PZ.7 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.7, please see "Order of the Day" and "Public Comment Period for Planning and Zoning Items." City ofMiarni Page 33 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.8 ORDINANCE First Reading 6797 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINAS IN "CS", CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PZ.8, please see "Public Comment Period for Planning and Zoning Items." Chair Russell: And I believe, if I'm not mistaken, Mr. Clerk, we're at PZ.8? Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: What I would like to do is finish the morning's agenda items. I know that we have a number of people who have been here waiting on the morning agenda items, in regard to the last items that are left on the Planning and Zoning items, especially with the number of people that are here on PZ.10. It is no fault of ours that PZ.10 is back before us today, and we've considered this before, and so we're going to consider it again, but I think we should -- the order of things should take precedence with what happened in the morning, because there are a number of items that people have been waiting for since 9 this morning. Chair Russell: Thank you, Commissioner. Who here is here for the La Placita item? Just raise -- show of hands. Anyone else for any of the other remaining Planning and Zoning items? Show of hands. No one. Who is here for the morning's agenda; anything remaining on the morning's agenda? I agree with you, Commissioner. Thank you. And I, again, very much appreciate your patience on all these issues. So you need to change the tape? All right, thank you. Later... Chair Russell: Calling us back to order. Thank you, everyone, for your patience. We are almost done. If I'm not mistaken, we have three items left on the Planning and Zoning agenda, and then we are going to call it a night. PZs.8 and 9 are first readings of Planning and Zoning ordinances, and PZ.10 is the appeal of the La Placita situation. Commissioner Reyes is the sponsor of both 8 and 9, I believe. Is he here, Mr. Chief? All right. In that case, let move to PZ. 10. Well, the appeal of PZ (Planning and Zoning) --? There he is. Commissioner Reyes, your two items, PZ.8 and 9, please. Commissioner Reyes: PZ.8 and 9, an ordinance that I sponsored of the City of Miami -- City of Miami Page 34 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Your microphone, please. Commissioner Reyes: This is for the marinas. This is for the marina; to avoid building marinas in public parks, just -- you see? Victoria Mendez (City Attorney): Right. Commissioner Reyes: And this will not affect any existing marinas. It is for -- not to just go and try to build -- precluding people for using parks and build marinas. Chair Russell: So is there a motion? Ms. Mendez: Right. This one, I believe I read the "whereas" -- an extra "whereas" into the record for this one. Chair Russell: I don't believe we've read any of these into the record. Ms. Mendez: No? Okay. Chair Russell: All right. But before we do, is there -- did -- the Clerk is telling me this has not been read into the record yet. Commissioner Reyes: No, it hasn't. Ms. Mendez: Did I -- Chair Russell: The title. Ms. Mendez: Is this one that had an exfra "whereas"? Commissioner Reyes: That's right. Ms. Mendez: I -- okay. Commissioner Reyes: Absolutely. Ms. Mendez: So a "whereas" was -- I believe I read the "whereas" into the record, which I do not have with me right now, but basically, it was that -- it had to do with permanent -- oh, there it is. Thank you. The "whereas" that was added to the distributed substitution item was, "This amendment shall apply to marinas of permanent nature that will be operating a business for the storage, servicing, fueling, berthing or securing of boats, and will not apply to marine uses for temporary events" -- Commissioner Reyes: Or trade shows. Ms. Mendez: -- or boats or trade shows." Commissioner Reyes: Yes. Ms. Mendez: Thank you. Commissioner Reyes: Okay. Chair Russell: Thank you. I have some questions and some discussion, but let's start. Is there a motion? City of Miami Page 35 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: I move it. Chair Russell: Moved by Commissioner Reyes. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. And we 've already had public comment on all PZ items, correct? Thank you very much. Commissioner Reyes: Sure. Chair Russell: Discussion from the dais. I have questions and potential concerns on this. Commissioner Reyes: Okay, shoot. Chair Russell: And Mr. Garcia, maybe you can help me through this, because I do like the spirit of it, but my concern is we're creating an exception process where we already have a protection or a hearing process. To be noted, if I'm not mistaken, an exception process is a path to a "yes." It is a high path. It is a high bar, but by law, within an exception process, we are basically setting a list of criteria that if the applicant meets it, we must say "yes." And if we say "no," they can go higher court and overturn our "no," and that is something I want to be very careful of because we may actually be creating a path we can't stop to have marinas in CS (civic space). Mr. Director. Francisco Garcia (Director, Planning): Thank you, Commissioner -- Mr. Chair. That would not necessarily be a great concern; for the reason that, at present, they are allowed by right. Commissioner Reyes: See. Mr. Garcia: And as such, the only means for vetting any individual proposal would be for that proposal to come to this body through the RFP (Request for Proposals) that they typically do. So in that regard, we are certainly in no worse shape as a result of requiring an exception. What the exception does, as you pointed out, is it inserts a number of criteria that we have in Miami 21, Article 4, Table 12, and those criteria begin to guide our analysis, presentation to the Planning, Zoning and Appeals Board, and ultimately, it would come to you. Chair Russell: Understood, but if I could take you down a hypothetical. As of right now, someone would apply, this body would hear it; we can say "no" for pretty much any reason if we don't feel that it's suitable to -- the application is appropriate for the neighborhood for that CS space. We can find our own reasoning, as long as it holds legal water, to say "no." Under an exception process, we don't have that right to go beyond what is within the exception process; am I correct? Mr. Garcia: Partially. Your current review would be associated typically with an RFP, request for proposals, because the land is public, and that is a process they would have to go through to build a new marina, but not necessarily as an analysis for the quality of the proposal or any potential adverse effects. Chair Russell: Understood. The criteria for the exception are laid out in this ordinance as written? City of Miami Page 36 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Garcia: The criteria exist generally for the exception already in Miami 21. They are contained in Article 4, Table 12, and they relate, generally speaking, to potential adverse impacts. Chair Russell: Thank you. I will support on first reading. I want to really understand those criteria -- Commissioner Reyes: Okay. Chair Russell: -- so that we're not creating a path in an unintended way that's unstoppable. Commissioner Reyes: That is not my intention. My intention -- Chair Russell: Of course not. Commissioner Reyes: -- is to preclude anybody that has -- I mean, that is renting or have a piece of park -- a park that is -- has -- in a body of water that, by right, be able to create a marina there. Chair Russell: Understood. Commissioner Reyes: Okay? Chair Russell: Any further discussion on the item? All in favor, say "aye." Ms. Mendez: An ordinance -- Todd B. Hannon (City Clerk): Chair? Chair Russell: Thank you. Please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. Chair Russell: Thank you very much. And that includes the amendment, correct? Both mover and seconder? Ms. Mendez: Yes, the whereas. Chair Russell: Thank you. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ.8. City of Miami Page 37 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.9 ORDINANCE First Reading 6798 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 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM"; AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO MODIFY THE AREA MEDIAN INCOME FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Russell, Hardemon Note for the Record: For additional minutes referencing Item PZ.9, please see "Public Comment Period for Regular Items" and Public Comment Period for Planning and Zoning Items." Chair Russell: Commissioner Reyes, PZ.9, please. Commissioner Reyes: PZ.9 is based on the same argument that I have -- Chair Russell: Your microphone, please. Commissioner Reyes: -- been continue for a long, long time, and I think for the first time, Francisco -- Mr. Garcia agrees with me on -- that the AMI (area median income) of 120, 140 is extremely high, and that is what I'm trying to do. And if you want, I will go down on salaries in the City of Miami, and what -- it will be an AMI of 140 and 120 -- I mean, construction, using 140 and 120, how many people they preclude from being able to rent there? Or if they rent, they will be extremely rent - burdened, you see; that we know, as I said, that according to the latest report from Florida International University, over 50 percent of the residents of -- population of the City of Miami is rent -burden. And if you go from -- and on the salaries in the City of Miami, the median income of the City of Miami is $35, 000. And what -- how are we going to be offering apartments that they are going to be based on 140 percent or 120 percent of AMI, which is $55,000, you see? So 120 is 66,000 and 140 is 77,000; 30 percent of that, in order for them not to be rent -burden, it's extremely high, you see. At 30 percent for -- of 77,000, the rent will be $1,925; and of 120 percent, it will be a hundred -- 1,650. And when you look at the typical salary in Miami, a person -- I mean, there's -- I would say, the majority of the people make less than $20 an hour. And at $20 an hour, it is -- the salary is 41,000. And 30 percent at $20 an hour, the rent should be -- I mean, 30 percent -- in order for them not to be rent -burdened should be only $1,040. That is why, if we are going to offer any incentives, we should use -- I don't want -- maximum workforce, maximum of hundred percent, maximum, which is $55,000. You understand? Chair Russell: Thank you, Commissioner. I believe in workforce housing, where -- City of Miami Page 38 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: I do, too. That's why (UNINTELLIGIBLE). Chair Russell: Just a moment, please; let me speak. -- appropriate. In this City workforce housing has an incredible effect to allow people to work and live and get their kids to school all in one place, and without it, the market is going to push that workforce out. And I understand, we're trying to achieve the same goal but under different definitions of what workforce means. And so, I get the spirit of what you're trying to do to help those truly in need and not do a give-away to developers that doesn't truly achieve the need. But sometimes we're trying to -- especially in an inclusionary concept, where we're trying to blend the incomes within a building, one of the reasons for that is to give that non-traditionally affordable housing developer a little bit more cushion to subsidize the truly affordable units. Also, if we were to go down to that hundred percent number and exclude everything above that, I want you to picture a family -- a husband and a wife that both work, and let's say they each make $35, 000; not very much. Commissioner Reyes: That's (UNINTELLIGIBLE). Chair Russell: Just a moment, please. So that would bring them to $70,000, which would exclude them. They would no longer qualms anywhere within this workforce - Commissioner Reyes: Absolutely. Chair Russell: And I believe we should be trying to help a couple -- a teacher, maybe there are two teachers -- to live near the schools they work at. And it's not for everywhere. It's not for every place, and it's not for everyone, but we shouldn't ignore this piece of the spectrum. So I -- and then finally, I -- it is my understanding that if we change the scale of the way we're measuring affordability, we will begin to exclude ourselves from State and Federal programs that use that measurement. And so, I agree with picking a different place or a target project by project -- Commissioner Reyes: No. Chair Russell: -- on the scale, but I don't think we should, apples to oranges, change the scale. Commissioner Hardemon: Mr. Chairman? Chair Russell: So, for that reason, I'm not in favor of this ordinance. Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner. Commissioner Reyes: Can I answer the -- for a minute, sir? Chair Russell: I'll -- if he would like to yield. Commissioner Reyes: Okay. Chair Russell: Yes. Commissioner Reyes: My only question is, the intent of this inclusionary -- of this program, it is to help people, you see; that they won't be rent -burden. When you are using that -- and basically, I don't think that -- you haven 't grasped the idea of what rent -burden is. Rent -burden is any person that, I mean, spends more than 30 percent City of Miami Page 39 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 of their salary, gross salary in rent. When you talk about two teachers that they leave and they're making $70, 000, they -- those people, they'd be willing to pay $21,000 that -- which is 30 percent in rent. 21,000 divided by 12, it is a thousand something. Those people, they are not excluded. They can -- that is market rate. They will go to market rate, but what we are doing is we're lying to ourself [sic] when we claim that we are helping people by allowing the developers to charge 140 percent ofAMI, which is for individuals that they are making -- or couples, that they are making $77,000, and they call that -- you call that affordable rent, and you are charging $1,900, which, if you go to our district -- you go to the Omni, you find apartments that they are being rented for 1,600, 1,800. And we are doing a quid pro quo here. We are adding density, we are adding more automobiles, we are adding more police officers than needed, in exchange for something that we are not receiving. We are lying to ourselves, and this graph here says it. It was -- I had to ask for it, you see. 140 and 120, this is the units that have been provided, which is 300 -- I mean, 600 units. Look at 60 percent the amount that been provided and 30 percent; only 30, you see? This is the bible here, you see? By giving them what we are giving them, we are not receiving -- Now, if they want to develop, let them develop, and charge $200,000, whatever they want. But if we are giving incentives or we are giving additional density and a bunch of things that we're giving, we need to receive real affordable housing. If not, that is a misnomer, and what we're doing we're falling -- I mean, they're playing with us. Another thing that really irks me is that when you talk about developments, you talk about developments that they are going to give those apartment for nothing, free. It is just with the discount rate. But you have to take into consideration also, sir, that when you give them 200 additional units and they are giving you only 30 units, they have 170 additional rent that they are receiving that they wouldn't be receiving otherwise. And besides that, when you -- and I said that before -- when you talk about costs, and you include -- you factor in the cost that -- the land cost, you see, the land cost, well, the average cost per apartment will decrease substantially, because instead of building 200 apartments, they're building 400, 500, you see? This is a pure benefit for the developers. I don't have anything against developers. I love developers. But if we are going to increase the density, increase the people that live there, increase the number of automobiles, and increase everything, we need to demand that in that quid pro quo, we are helping really the people that needs it. If not, don't call them -- this program, don't call it inclusionary or anything; just call them -- this is benefit, benefit without anything, and that is my only problem, sir. Chair Russell: Understood. Commissioner Reyes: I'm sorry, Mr. -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: So when I left Tallahassee with master's in Business Administration, I came back to Miami to work. And as a young man from Liberty City coming back to work for a major pharmaceutical company, I had to find housing. And when I came back, I noticed that there were all these new housing developments that I could choose from in Liberty City, because I really wanted to kind of come back to the area that I knew; you 're comfortable, your family's there, et cetera. And so, as I would drive around, I would see these new high-rises, because before then, I had never lived in a high rise. Funny story is that most of the -- I grew up in apartments. And so, most of the apartments that I lived in were what we called "garden -style apartments." So from the parking lot, you can see the door. That was what I was used to. I vividly remember those sorts of apartments throughout my life, and I remember the first time I moved into a regular -- well, I moved into an apartment where the doors were inside the building, and I thought it was just the most interesting concept, because it reminded me of a hotel, right? I'm like, this is City of Miami Page 40 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 like a hotel. This is -- I remember like thinking that. But the reason I'm telling you this is because when I first came back home, everywhere I would stop to go live in, they told me I made too much money to live there. And I was like, "Well, I don't understand. You have apartments. I want to live. I'm from this area. You know, they say, "Well, you know" -- say, you -- as a single man, you can only make $23,000. And so I had to find somewhere else to live, which forced me then to look at the market. What does the market have for me? As a 20 -- I think I was maybe 22, maybe 23-year-old MBA, I wasn't prepared to enter the housing market in depressed housing conditions, which is what generally the market had for me in the areas that I grew up in. We didn't have any standard housing and apartments that I thought was something that I could be used to. You know, coming from Tallahassee, we had roommates, et cetera, but the condition of the housing was a lot better in Tallahassee than the conditions that I was used to down here in Miami. And so, you end up -- I ended up moving into different apartments and different places that allowed -- that did not have the income restrictions, but took a lot more of the money that I had for me to pay rent. And so, I would only imagine if -- when I think about this whole construct that we're trying to do, this is a noble cause, because we're trying to figure out how we can provide housing to people that don't make a lot of money, and I think that's what we need to do. Commissioner Reyes: That's what 1 want. Commissioner Hardemon: But we also need to be considerate of creating this caste system, where people believe that in order for them to have decent housing, they can't make a lot of money. And so, I was excluded from, you know, decent housing for an affordable price because I had to go to the market that was at market rate and it was not workforce housing. And so, what happens there is that -- what I've seen in our community is that it reminds me of like -- it reminds of when someone says to you, "In order for you to live in this public housing, you can't be married to a man." It could be a single female living here, but you can't be with a man. Because if you're with a man, then you need to leave, right? You can't live here. Commissioner Reyes: That was public housing. Commissioner Hardemon: And so -- Public housing, right. So then you have these - - you have this housing that is overwhelmingly -- Commissioner Reyes: But we are talking about (UNINTELLIGIBLE). Commissioner Hardemon: Hear what I'm saying. Here what I'm saying. It's overwhelmingly with women and children -- Commissioner Reyes: Yes. Commissioner Hardemon: -- but there are no men in the house. And I think that -- and I was one of those kids that didn't have a man in the house. And I think having a man in the house, it does a lot for children in our community, especially children of color. And so, this reminds me of that; only because it says to me, If my girlfriend is single, then she can live there, and I can shack up with her for however long I choose to," but if we're married, then she doesn't -- and we make too much money, then we need to find somewhere else to live. And it always is -- everyone -- I think smart people -- intelligent people make the decision -- they say, `If I put forth more effort, it may cost me more." So this is the argument, you know: "Do I work or do I just receive benefits?" Because if I work -- and this came up on this dais with the program that we have with the individuals that help maintain this facility. It's like, if you work more than -- more -- one hour more than you should be working, then all the benefits that you receive are going to be gone. And so, the question always City of Miami Page 41 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 becomes, "How are we incentivizing people to do better?" If we're only talking about housing, I think that we have to have housing that allows people to transition into better housing. So you can go from public housing to extreme low-income housing to low income to -- you're at 100 percent of the area median income, and continue to graduate, because eventually, you want home ownership. That should be the goal. Not everybody wants it, but that should be the goal. And so, the only issue that I have with this ordinance is that it locks in at 100 percent and doesn't give anyone an opportunity to kind of do a little better, and -- because there are so many issues. When you have a child that graduates from high school and goes away, then comes back with a college education, his family may still be a family that makes below area median income, and a family that makes below area median income, I will tell you, is not teaching a child that went off to college to get a degree many of the things that it needs to learn -- that child needs to learn in order for him to become financially responsible, independent, homeowner, all these things. And so, my worry is that we're not helping in this cycle. We're not helping move people out of extremely low income. In fact, we're just kind of keeping the community like that. And so, what I would like to see is not necessarily that we limit the definition, but if we're going to use these bonuses, we limit the amount of people that we allow at the higher percentage. So, for instance, you allow them to 140, but you say, "No. I want a greater number at 100, at 90, at 80, at 70, at 40," rather than "no" to the 140. Because I think that the 140 -- if I -- if this young lady is someone I fall in love with and we just happen to be in the same housing stock, you know, we may need a little bit of time to kind of transition our way out, and I don't mind paying additional 3, $400 that you want me to pay because we're now exceeded 100 percent of the area median income, but give me the time to find housing. Because what's going to happen is, if there is no housing that is considered to be workforce for me, you're going to force me out into the market. When I go out into the market in Miami, you're not going to find either standard housing that you -- that's worth living in or the housing is going to be so expensive that I have the same problem now that I had, or worse, than I had before when I was low income. Commissioner Reyes: This is difficult to explain, because we are fixed on the "workforce", and let me make it very clear. If you are making $80,000 a year, you're making $80,000 a year, and you are looking for an apartment, you see -- Are you looking for a low-income apartment? No. You see, at $80,000 in -- Commissioner Hardemon: Looking for a safe place to live. Commissioner Reyes: At $80,000 a year, the rent that you're going to be paying if you get -- I mean, you allow this to go 140,000, that -- 140 percent. and those apartments that they are receiving as benefit, and they are charging 140 percent, it is market rate, more or less. It is about -- very different market rate. Commissioner Hardemon: We talk -- I mean, we talked about that, that there are some -- Commissioner Reyes: But no, no. Commissioner Hardemon: -- parts of the market that creates -- Commissioner Reyes: But the thing is, that's why I want it lowered. Because if you are making $80, 000 -- let me -- you see, I have here a bunch of people here, and one thing that really, really scares me, you see, just the young people, what I want them to do -- if you're going to give me 30 apartments, okay, in exchange, well, you will have 10 that you can do it hundred, but then the rest are going to be below 80. You know why? Because when you come out of -- a university, a graduate, he talks about a teacher, you see. A teacher you know, to make $43, 000 have to spend nine years in City of Miami Page 42 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 school, you see. Probably, many people don't understand that -- this, because you never been a teacher. I was a teacher, you see. A teacher -- the maximum that a teacher makes maximum is $73, 000. You see? Now, what I'm saying is if I graduate from FIU (Florida International University), and I have a bachelor's in Business Administration, I'm going to be hired about $35,000, 40,000, you see. I have professionals right here that if I ask them how much you make, they don't even make $50,000. Can I ask -- I mean, I don't want to ask because they're going to tell me "what the hell" -- I mean, "that's not your business." But what I want is enough apartments that those people that when they come out of school that want the availability due to this program, for some of these people that are making $40, 000 a year, that they can pay -- in order not to be -- I mean, they can pay $1,500, and they will be extremely rent -burdened, but they can pay only a thousand dollars a month; that those apartments be available, and that's what I want. Commissioner Hardemon: But I understand that. Commissioner Reyes: But they're doing it the way you want it -- I mean, and -- Commissioner Hardemon: Doing it the way that I want creates an avenue for people to do better. Commissioner Reyes: But you have it, sir. Commissioner Hardemon: So let me explain. So I made more money as an intern for Pfizer Pharmaceuticals than I made as a barred attorney at the Miami -Dade Public Defender's Office. I worked for three months as an intern and made a better rate of pay, an intern. I didn't have an undergraduate degree, an MBA, or law degree; all three that I had once I had graduated from the University of Miami, and I lived in a small apartment so I could walk to and from. So I wouldn't have the expense of transportation. Commissioner Reyes: How much were you making? Commissioner Hardemon: Hm? Commissioner Reyes: How much were you making? Commissioner Hardemon: At the Public Defender's Office? Commissioner Reyes: Yes, sir. Commissioner Hardemon: Probably -- it was less than 40; maybe 35, 30. Commissioner Reyes: 30,000. And how much you were paying rent? Commissioner Hardemon: I started at $950. Commissioner Reyes: $950. You see, 900 -- Commissioner Hardemon: And every year the rent goes up. Commissioner Reyes: You see -- Commissioner Hardemon: And every year we didn't get a raise. As a matter of fact, you notice -- because this came before the legislation in the State of Florida. The State of Florida just gave a raise to public defenders and prosecutors. And I will jokingly say to -- City of Miami Page 43 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: But that wasn 't his doing. Commissioner Hardemon: -- Katherine Fernandez Rundle that, "Hey" -- Commissioner Reyes: That wasn 't his doing. Commissioner Hardemon: I know. I know that. But I'm saying, I will say to Katherine Fernandez -Rundle, "Can we get backpay, those of us who served all that time?" And I say it to say, you know, luckily, I didn't have a child to take care of Luckily, I didn't have a sick mother. I did have a -- I'm just saying that there are conditions that you have to consider. I want -- not every -- not just people who are poor to receive a benefit -- Commissioner Reyes: That doesn't (UNINTELLIGIBLE). Commissioner Hardemon: -- but people who are poor and who are trying to improve their lives. Commissioner Reyes: Okay. Listen, I will not convince you because -- Chair Russell: Microphone. Your microphone. Commissioner Reyes: -- you don't understand what I'm trying to -- Chair Russell: It's on; you're just not speaking to it. Commissioner Reyes: You see. Commissioner Hardemon: I know that. I know that. Commissioner Reyes: It is -- Commissioner Hardemon: I understand. Commissioner Reyes: But wait a minute, wait a minute. Commissioner Hardemon: No, no, no, no. I want to make myself very clear. I was born in public housing. I was born in James -- Commissioner Reyes: Sir -- Commissioner Hardemon: Hold it, hold it. -- I was born in James E. Scott housing projects. Chair Russell: Gentlemen, gentlemen. Commissioner Reyes: Hey, hey. Listen, listen. Chair Russell: Excuse me. Gentlemen, just for the sake of -- Commissioner Reyes: Everybody been poor. Chair Russell: Please, just a moment. Commissioner Reyes: What I'm trying to say is -- Chair Russell: Just a moment, just a moment. City of Miami Page 44 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: The -- Chair Russell: Commissioner just a moment. It's a healthy debate, but the Clerk -- Commissioner Reyes: Hey, listen, I'm not fighting with him. Chair Russell: No, no, no, it's not about a fight. The Clerk is not able to capture when we're -- Commissioner Reyes: Oh, okay. Chair Russell: -- having a colloquy back and forth so quickly. Commissioner Reyes: Right, right. I'm just -- Chair Russell: So if we -- Commissioner Reyes: -- we 're just having an exchange. Chair Russell: Just through the Chair. Just -- we'll speak one at a time. Commissioner Reyes: Okay. Mr. Chair -- Chair Russell: Thank you. Commissioner Reyes: -- let me give you a piece of information. You were paying $900, right? Commissioner Hardemon: Nine fifty. Commissioner Reyes: 950? Commissioner Hardemon: Plus lights. Commissioner Reyes: For what? Commissioner Hardemon: Plus lights. Commissioner Reyes: Plus lights. Okay, 950. Well, let's -- Commissioner Hardemon: Plus food. Commissioner Reyes: -- talk about the rent only; 950. Commissioner Hardemon: Oh, we're just talking rent. Okay, 950. Commissioner Reyes: Right about $30,000. You see? You were paying 31 percent - - I mean, 32 percent of your gross salary in rent. You were rent -burdened if you would have paid a little bit more. What I'm saying is this, we have to provide -- but what you have to understand that when we provide these incentives, what we want is to obtain the maximum amount of apartments that a person could rent; person like you, person that comes out of school and making $40, 000, you see? Once you go up in life and your salary increases to over, you see, a certain amount, you see, you can move any place. What I don't want is the misnomer of workforce housing when the rent that they are charging -- or they can charge, it is market rate, and they are benefiting from something. City of Miami Page 45 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: You're right. I mean, I understand what you're saying. Commissioner Reyes: I mean, that is (UNINTELLIGIBLE). Commissioner Hardemon: I completely agree with what you're saying in the sense that if you're giving them a benefit, I believe that they should have more low-income housing, but I also believe that having some workforce is important as well. Because if you don't have it, when someone moves out of the low-income criteria, they're not moving into apartments in the City of Miami; they're moving outside Miami. So you're going to have a huge hole for -- of individuals that's -- that are not going to be able to live in the city that they grew up in. That's all my point is. Chair Russell: All right. So -- Commissioner Reyes: Sir, let me address that, sir. The way that this program works is that those apartments that are created in those buildings, you see, the ones that they are for low income, let's say at 40 percent, 50 percent, 60 percent ofAMI, they remain there, and they are going to be occupied for somebody else -- by somebody else. And if you move out of that building, and you will move because your income increased, you can move to a building or even in that same building if it is a better apartment, but you're going to be moving into an apartment or a place that is in accordance to what you make, according to your means. You see? And my only problem with this program it is -- that it is a quid pro quo, and we have been receiving -- this chart tells you what we've been receiving, from 140 and 120 percent, and what we've been receiving at all the brackets. Chair Russell: So while you study that, I'd like to make two last points, and then I'm ready to vote on this item. Commissioner Reyes: You see what I mean? Chair Russell: Commissioner -- Commissioner Reyes: We've been played. Chair Russell: -- many projects may stall or never get off the ground if we remove this section of workforce housing, and we don't want that. Commissioner Reyes: Well -- Chair Russell: I'm sorry, Commissioner. Please, no back and forth. In downtown, especially in the core of downtown and the Omni area, we're trying to build an entrepreneurial ecosystem. And when I ask companies, "What do you need to bring your company to the City of Miami and bring growth to the City of Miami," they're not looking for tax incentives; they want a good base of employees. They want employees that can live there, young professionals. And for someone to live downtown, and even pay 1,400, 1,500 bucks in the core of downtown, means I can bring those young college graduates, those young attorneys, and have a workforce for those entrepreneurial companies. That's very important to me. Number two -- and I'm sorry; I just lost Commissioner Diaz de la Portilla, because -- Commissioner Reyes: You were going to lose me pretty soon (UNINTELLIGIBLE). Chair Russell: The State this year has preempted us with regard to inclusionary zoning only if we put it on the shoulders of the developer. As long as we keep them whole in the entire equation, we can do inclusionary zoning, and it can be a good tool for us. When we remove the workforce section in its current definition, we will City of Miami Page 46 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 start to burden that developer to where they can't afford to subsidize the affordable section of the housing, and we'll either have to subsidize it or they'll be -- we'll be preempted. And so, I really do appreciate where you're trying to go with this, but I think we lose a big piece of the puzzle. I'm completely with Commissioner Hardemon on this, and so I'm a "no. " I'm ready to vote on this item. Commissioner Reyes: Sir, let me tell you this. You're dreaming. I'm going to tell you why. If you want to get recent graduates, people that they are young professionals, into those apartments, that the developers call afford -- I mean, workforce," and you're going to charge them 16, 18, $1,900, you see, you are -- those people are going to be so rent -burdened that they won't be able to move there, because they will be paying 47 percent on that. First thing that you have to understand, sir, is the salary -- the rate -- I mean, the average salary of the City of Miami, or this area over here, you see. There is not a single graduate with a bachelor's from FIU that comes out and is making 65, 70, $80,000 that -- what is needed to get those people in an apartment without being rent -burdened -- you see? - - by the definition. Chair Russell: Thank you. Commissioner Reyes: And the thing is that if they don't want to -- my opinion, we've been played. They are making a lot of money in the additional apartments, in the additional benefits that we do it, and I don't blame them, because if I were a developer, I will do it. And I bet you that you tell them you have to do this, they will do it, because their business is to build. And if they don't want to offer us what we are asking, don't build, don't take the subsidies or the benefits. Don't do it. This is a quid pro quo. Or either that -- and don't call it the way that they've been called that it is for young people, for -- there is not -- we're losing a lot of brain here, because we don't have those apartments that they can afford with 50, 55,000, 40,000, 41,000 for a teacher. You see? We don't have them. We don't have any. Chair Russell: Thank you. Commissioner Reyes: And then we are allowing them to charge 1,900, $1,800 and in the name of workforce, and that is my whole -- Chair Russell: Thank you. I appreciate the vigorous debate. Is there a motion on PZ.9? Commissioner Reyes: Yes. I have a motion. There was a -- Chair Russell: There is -- there's a motion by Commissioner -- Commissioner Reyes: -- motion -- Chair Russell: I don't believe we've had a motion yet. Commissioner Reyes: There was a motion -- Chair Russell: No. Commissioner Reyes: --and I'm making a motion, and I think it was -- Chair Russell: Moved by Commissioner Reyes. Is there a second? Commissioner Diaz de la Portilla: I'll second for discussion. City of Miami Page 47 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Seconded by Commissioner Diaz de la Portilla. Open for discussion, and we are talking about preemption, which I don't know your history of preemption, but I hope it's on our side, now that you're here. Commissioner Carollo: More discussion? Commissioner Reyes: More discussion? There's no more discussion. Chair Russell: Microphone, please. Commissioner Diaz de la Portilla: Mr. Chairman, can we get Mr. Garcia's opinion, perspective? Francisco Garcia (Director, Planning): Thank you, sir. I appreciate that. We've had an opportunity to perform a study of basically how these price points play out throughout the City of Miami. The first thing that stands out -- and this will confirm what some of you have said -- is that in our sampling of neighborhoods of the City of Miami, what is presently considered a workforce housing at 140 percent AMI is above market rate for most of the City. That is a fact. The outstanding exceptions -- you will not be surprised -- are downtown, Brickell, Wynwood, Edgewater, and the Coconut Grove Village Center. It is these four areas in the City of Miami where a limit of workforce housing at 140 percent AMI would be below market rate; elsewhere in the City, it is above market rate. So that is important to note. That said, the Miami 21 Zoning Ordinance presently has a variety of programs; three stand out, and I think these three cover 99 percent of the affordable or income - restricted bonus programs. They are the Attainable Housing Program; there is in the books, and only partially applied, the Inclusionary Zoning Program; and there is also the Public Benefits Program that gives advantages and flexibility to so-called income -restricted development. Mr. Hannon: Excuse me, Chair. Mr. Planning Director, I do apologize, but I'm required to read a statement into the record at 10 p.m. Commissioners, the time is now 10 p.m. Commissioner Reyes: I'm leaving. Mr. Hannon: Miami City Code Section 2-33 states, "The City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present." Commissioner Carollo: So this is the last item. Mr. Hannon: "With this in mind, at the conclusion of deliberation of Item PZ.9, the City Commissioners present on the dais must unanimously agree to extend the duration of the City Commission meeting, or the meeting shall adjourn." Thank you, Chair. Thank you, Mr. Planning Director. Chair Russell: Thank you very much. We will conclude -- Commissioner Carollo: It's the last item. Chair Russell: -- this item and then take the temperature. All right, Commission -- I'm sorry. Director, you were speaking. Mr. Garcia: Thank you. I'll be brief. So where I left off, I was describing essentially the three programs; again, to repeat, Obtainable Housing, Inclusionary Zoning, and the Public Benefits Program of the City of Miami. My concern about City of Miami Page 48 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 setting a one threshold across the board at 100 percent AMI for what is presently called by various names in the Zoning Ordinance. There are three different definitions. One is for affordable workforce housing that is presently set at 120 percent. In other words -- another one is called attainable workforce housing; that is set at 140 percent, and workforce house also set at 140 percent. Commissioner Reyes: They're all (UNINTELLIGIBLE). Mr. Garcia: To level all three of those at 100 percent begins to significantly alter the effectiveness of all of these three programs that I described previously. It is possibly the case -- and I would like to study it further, and we will do this between first and second reading -- that as pertains to the inclusionary zoning designation that we are considering, that we have been considering, something close to a hundred percent begins to make sense, because the development bonuses are rather significant. We are talking about a change in floor lot ratio from essentially 7 by right to 22 by right, and that is worth considering. We would like to look at those numbers more closely; number one. Number two, as pertains to attainable housing, what I will tell you is that the program has yielded what we would qualify as a significant amount of success, and we have right now a number of units in the neighborhood of about 400 units that have come in at extremely low income and affordable income levels -- 50 percent, 60 percent AMI -- that but for this program would simply not have come into the marketplace or not been made available, clearly, clearly, at the expense of also allowing these developers to get additional density, and this additional density has yielded affordable housing units at 140 percent AMI, which clearly is market rate. So there is a fair quid pro quo. Last, but not least -- and this is more -- mostly for the LI (low income) type of development programs, typically large scale, typically for professional developers -- these are the ones that benefit from the flexibilities provided by the Public Benefits Program. The Public Benefits Program itself does hinge on the 140 percent AMI. That is aligned with the Federal definition and the State definition, and I would suggest to you that before we really begin to change those, we need to look at it closely to make sure that we don't jeopardize the Public Benefits Program's success to the extent that, especially, it has produced mixed income development in the City of Miami. I apologize for the long answer, but that's really the result of our study thus far. We certainly welcome the opportunity, and we will continue to study this more in depth to present back to you at second reading. Commissioner Reyes: Okay. Chair Russell: Thank you. Any further discussion? Commissioner Reyes: Nope. Mr. Hannon: Chair, the title. Chair Russell: Well, the time, we don't need to -- Mr. Hannon: Title. I'm sorry. Chair Russell: The title. Mr. Hannon: It's a first reading ordinance. Chair Russell: Understood. No, no. I'm just very, very sleepy. Please, read the title into the -- I've moved on to energy drinks now. Please, read the title into the record. City of Miami Page 49 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Chair Russell: Thank you. All in favor, say "aye." Commissioner Reyes: Aye. Chair Russell: Any opposed? No. I need to get the count, please. Mr. Hannon: Motion passes, 3-1, with Commissioner Russell, "no." Chair Russell: I -- that's -- I'm sorry. I need a clarification, because I don't believe that was the count. Mr. Hannon: You're "no"? Okay. So Commissioner Carollo, are you in favor of Item PZ.9? Commissioner Carollo: Yes. Mr. Hannon: Motion passes, 3-2. Chair Russell: We have -- Mr. Hannon: Commissioner -- Chair Russell: Yes. You're a `yes"? Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Commissioner Hardemon and Commissioner Russell voted "no." Chair Russell: So -- and this is first reading, correct? Mr. Hannon: Yes, sir. Chair Russell: Thank you very much. Commissioner Reyes: Now, may I make a comment on this? No, hit it. Chair Russell: Motion passes. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Motion passes. Chair Russell: On first. Commissioner Reyes: I am open for -- I mean, to afrank -- I mean, a very frank and discussion and with all -- anybody that doesn't believe in this, bring numbers that are convincing, because this -- what we're doing is we are just thinking about certain things that -- when you could -- I mean, you start adding and subtracting, you see. The intent of our efforts or our laws, we are not obtaining it, you see. Chair Russell: I understand what (UNINTELLIGIBLE). City of Miami Page 50 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PZ.10 6862 Department of Planning Commissioner Reyes: But if you can convince me that in certain areas -- I mean, we can work. And as a matter of fact, you and I, we should have had it and you always evaded it. Chair Russell: Never avoid you. I would definitely support you in keeping both developers and applicants from gaming the system -- Commissioner Reyes: Absolutely. Chair Russell: -- and getting a benefit without providing the housing we need, but I don't want to break our system and exclude a very important segment that has such a good part of our spectrum of affordability, but that is first reading. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY JOEY CANCEL 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 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO A NON- CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT WITH FOLIO NUMBER 0132180090010. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item PZ.10 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Items." Chair Russell: So final item of the night -- we need approval, unanimous, of this Commission right now to continue past 10 p.m. So who here is not going to let us hear La Placita? Commissioner Diaz de la Portilla: I have a question, though? Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: Can we make a time -certain vote at 10:45 or 11, at the latest? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I'll do it under that condition. City of Miami Page 51 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: It's a quasi-judicial item, so I want us to be very careful that we make sure and give both sides all ample hearing, but there's no reason we shouldn't be able to get this done in 40 minutes. Commissioner Carollo: 10:45; no later. Commissioner Diaz de la Portilla: 10:45. I'll vote at 10:45. Commissioner Reyes: I agree with that, Commissioner. Commissioner Carollo: Or before. Chair Russell: All right. Commissioner Diaz de la Portilla: Or before. A motion that we vote at 10:45 -- Commissioner Reyes: No later. Commissioner Diaz de la Portilla: -- or before. Chair Russell: All right. Any Jennings disclosures on this item? We're all good? All right. Okay. Do we have the applicant -- I mean, the appellant and the appellee here, please? Who is representing the appellant? Who is representing the appellee? For the appellant? Thank you. On the appellee side is the City? Francisco Garcia (Director, Planning): The City of Miami, sir. Chair Russell: Will that be -- Where 's Mr. Adams? Mr. Garcia: Mr. Adams is here. I'm here as well, yes, sir. Chair Russell: All right. Commissioner Hardemon: Mr. Chairman, can we -- Chair Russell: Mr. Adams, welcome. Commissioner Hardemon: -- have the City describe the sequence of events that led us to where we are today as well, so that we have some context for our new Commissioner who will be joining us? Chair Russell: Absolutely. And Mr. Adams, please approach the lectern, just so we have you on hand. We would like to set the table, because there are some threshold questions that had been raised about why this is before us. And so, I want to make sure that it is clear to all public what the process is that got us here, why we're here voting on this, and what we are voting on, and that'll set the table for the appellant. Commissioner. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Just to let you know that I've been following the issue, so you don't need to give a long explanation. I know the issue pretty well. Chair Russell: Thank you. Mr. Adams. Commissioner Reyes: Thank you, Commissioner. Chair Russell: Just a moment. City of Miami Page 52 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Warren Adams (Preservation Officer/Planning Department): (INAUDIBLE) Preservation Officer. On December 27, 2018, the Preservation Office received several emails and telephone calls, informing staff that a mural was being painted at 6789 Biscayne Boulevard. On March 5, 2009, Mr. Cancel appears before the Historic and Environmental Preservation Board, requesting an after -the -fact Certificate of Appropriateness for the painting of two murals; staff recommends denial; the HEP (Historic and Environmental Preservation) denies the application, 5-3, as the Miami Modern Biscayne Boulevard historic area has a mandatory color palette for the area, and murals are not permitted in the area. The board suggested that perhaps the applicant consider a neon depiction of the flag of Puerto Rico, or alternatively, would consider having the Puerto Rican flag, but within the approved MiMo (Miami Modern) color palette. The board suggested this to the applicant; the applicant declined both suggestions. On May 3, 2019, Mr. Cancel appeared before the PZ (Planning and Zoning) City Commission to appeal the HEP denial. This was continued to June 27. On June 27, it was continued to July 25. On July 25, the City Commission remanded the item back to the Historic and Environmental Preservation Board with a requirement that a new application be filed within 60 days. Between September 19 and October 10, Mr. Cancel uploaded the Special Certificate of Appropriateness application and supporting documents for an art installation depicting the Puerto Rican flag, constructed from red, white and blue aluminum; composite panels, (UNINTELLIGIBLE) with red, white and blue LED (light emitting diodes) outdoor lighting. The estimated cost was $102,000 -- $102,486. On November 5, 2019, Mr. Cancel appears before the HEP; staff recommended approval; the HEP denied the application. The board considered all of the applicant's comments and concerns, and denied, without prejudice, the application for a revised neon and aluminum shuttered exterior program; further claming there was an audit by the board that the mural come down, be painted over, and be painted within the MiMo guideline colors, and that order stands. And the applicant was directed to repaint and repaint the building quickly. On November 14, Mr. Cancel appealed the HEP denial. Chair Russell: Thank you very much. Are we all clear on where we are on this? Okay. How much time do you need to make your presentation? Joey Cancel: I think 20 minutes will be -- Chair Russell: 20 minutes. Commissioner Reyes: 20 minutes? Commissioner Diaz de la Portilla: 20 minutes. Mr. Cancel: Been here more than eight hours now. Chair Russell: Well, I just didn 't realize there was that many facts involved beyond the -- Commissioner Hardemon: (UNINTELLIGIBLE) chambers. Mr. Cancel: Well, in deference to the new Commissioner, Diaz de la Portilla, we have presented background of where we are; not only on the flag issue, but how the business is being threatened at the point. As you can see in the public appearance, it is more than the flag already; it 's about an invasion. So, perhaps, in the presentation, all can be addressed. Chair Russell: An invasion? City of Miami Page 53 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Cancel: Yeah, that was part of the testimony of the neighbors opposing the flag. They used the term called "Invasion." Commissioner Hardemon: But public comment has nothing to do with the item that you're presenting. Public comment is public comment. Mr. Cancel: Right. Commissioner Hardemon: We're not considering public comment. Chair Russell: Right. You don't need to respond to public -- Mr. Cancel: I am presenting -- I'm presenting the application for the Special Certificate of Appropriateness, and I'm also addressing the other issues that are surrounding now the existing [sic] of the business -- or the permanence of the business. Chair Russell: So, for 20 minutes on your side; I give 20 minutes to the City for rebuttal, to give their side; you need a rebuttal; we're well past 11 o'clock at that point. Is there -- do you really need the full 20 minutes to make this case? Because we -- Mr. Cancel: I -- Chair Russell: -- you 've been before us; we know the facts of this case. Mr. Cancel: Okay. Chair Russell: And you don't need to restate them; they're on the record from the last time you were here. Commissioner Diaz de la Portilla: Mr. Chairman? Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: How about 12 minutes for each side? Chair Russell: I'm getting there, because that's what I'm -- Commissioner Diaz de la Portilla: Well, let's just get there then -- Chair Russell: -- that's my recommendation. Commissioner Diaz de la Portilla: -- so we don't waste minutes. 12 minutes on each side. Chair Russell: What can you do in 12 minutes, or do -- Mr. Cancel: I can do it. Chair Russell: -- will you feel fairly represented to give your side in 12 minutes? Mr. Cancel: I can do 15 minutes. Chair Russell: All right, we'll take it; 15. Mr. Cancel: Perfect. City of Miami Page 54 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Go. Mr. Cancel: Thank you. So, number 1, we want to address the fact that this was painted from an artist. So inspired by the fond memories of Puerto Rico, La Placita in Miami was developed to replicate the sentiment of La Placita in Puerto Rico. We aimed to create a place of pride for the local community and the hub, Puerto Rican cuisine in Miami. The flag is intended to represent the authenticity of the restaurant in Miami premieres Puerto Rican concepts, especially after the disastrous effects of Hurricane Maria on the island of Puerto Rico, which reinforced our commitment to provide a place of encounter, particularly for the displaced diaspora of Puerto Rican community relocated in Florida. That's part of the facts. Who is the artist? Hector Collazo, a renowned Puerto Rican artist, known for his "Setenta y Ocho Pueblos y 1 Bandera" art initiative that has, so far, painted more than 56 flags across countries throughout Puerto Rico. Now, the initiative, "Plantando Bandera," intended to bring the pride to the residents and unify the community, receive praise and recognition from the Puerto Rican House of Representatives in January 9, 2019, which is the actual situation. From December 13, 2018 till November 5 of this year, we have sustained more than 69 disturbance complaints, where some of the officer has stated -- and I -- there's like three examples there -- that aside from the music being at decent level, music is at decent level, or music was adequate level. That is part of the public record. Chair Russell: Please, hold your comments. I don 't need any -- you will be absolutely ejected from this chambers if there are outbursts from the public. Mr. Cancel: Incident numbers -- Chair Russell: Commissioner. Commissioner Carollo: Just a quick question. Mr. Cancel: Yes. Commissioner Carollo: You have off -duty police officers there? Mr. Cancel: At the time that we painted the flag, yes, we did, sir. Commissioner Carollo: No, no, but I 'm saying now. Mr. Cancel: Right now? No. Commissioner Carollo: Okay, no. Because you said, "officers," so I thought maybe they were off duty. Mr. Cancel: No, no, they were on duty, and they were called for the disturbance, and this is part of the public records and the reports. The incident numbers are included for the record. And since November 5, we have been granted with continuous noise complaint fines, as stated there; all of them before 11 p.m. And including Thanksgiving Day, when we opened for the public at 5 p.m., we received a fine for $500 at 4:18 p.m. That's on the record, too. On December 5, we held a meeting with the City officials, including Mr. Napoli, as a Deputy District Mana -- City Manager, Deputy City Manager, along with other officers from Planning, Zoning, Building, and the police officers, and we encountered the following; that the neighbors wants the City to revoke the Certificate of Use of the building; that the neighbors wants Code Compliance to continue issuing $500 daily fines for loud music; neighbors wants the police to start arresting people from the restaurant and shut down the business; and the neighbors allege that the City has been accruing City of Miami Page 55 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 $250 of fines per day for the absence of the Certificate of Appropriateness that now that amount exceeds $53,000. Part of this situation is brought specifically by a lady called Caroline Defreze, hereby present, a former employee of the City of Miami Beach, that has been the principal claimant for all the alleged noise complaints; has the same history with Balans restaurant, the previous Placita -- restaurant located there; pulled a blackmail stunt while making Jonathan Balans pay for AC (air conditioner) units and other stuff windows, for her place; operated an illegal Airbnb at her house; and during 2019, the Airbnb license was revoked, due to an altercation where customers were -- Chair Russell: Sir, is that relevant? Mr. Cancel: That is part of -- Chair Russell: How is that relevant -- Mr. Cancel: -- it is super -- Chair Russell: -- to you? Mr. Cancel: It's very relevant, sir. Chair Russell: To your case, how is it relevant? Mr. Cancel: You will see in the next one. Chair Russell: Okay. Mr. Cancel: And pulled a handgun against them. So there are some of the social media posts that Ms. Defreze posted back then. "La Placita painting a Puerto Rican flag on the side of the old Balans building without approval from Historic Preservation and with a police escort. Oh, and look, the Mayor turns up to support. Francis Suarez parks illegally in a residential neighborhood. Who's getting paid? So tacky. Miami is so corrupt. Bring back the prostitutes and the crackheads; they were a lot nicer." That's for the record. That's the relevance. And you can see on the side another post that says that the Mayor and a police car are parking illegally. How about the proposed graphic? This was the proposed MiMo Association graphic that, as we stated before, lacks the complete aspects to be a real rendering. We paid from our pocket an engineer and an architect to perform the actual rendering, and went through the cost process; as Mr. Warren stated, more than $100, 000 to convert from paint to neon, but it doesn't get there only. We have a legal precedent. Chair Russell: Could you go back one slide, please? Mr. Cancel: Oh, yeah, with pleasure. Chair Russell: Thank you. Mr. Cancel: But we have a legal precedent over Organic Bites. We all know about that case, right? Not only one, but two, three, four murals. On April 2 of this year, the HEP Board denied the application for a Special Certificate of Appropriateness, 8-0. On June 27, this Commission granted the appeal, and reserves in part and modifies in part the adoption of Resolution Number -- you got it there -- as it pertains to the appeal of Number 2 on the Special Certificate of Appropriateness, the removal of the artistic murals presented -- located at the address referenced herein, on that particular address, which is now approved to remain, and we have the "ayes" and the "absents," so this Commission approve. The factual highlights, four City of Miami Page 56 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 murals in total; didn't apply for a Certificate of Appropriateness while painting them, just like we did. The HEP Board denied, just as we experienced. The MiMo Association tried to include neon once again, but guess what? The Commission overruled and approved without the neon factor. There, you have it. As a conclusion, and for the record, let's go back to the summary. We painted an artistic mural with one permit, issued by the City of Miami, and in coordination with the Police Department and its off -duty officers. This permit was never revoked or canceled during the day of the event. And for the record, it was from 10 a.m. to 11 p.m., and we finished the complete painting at 11 p.m. The boom was down; not 2 a.m. in the morning, for the record. Afterwards, our Certificate of Use was conditioned to place in an application for a Certificate of Appropriateness; what we did. We fully complied and went through the whole process, including appealing, and now returning to the Commission. Since December 2018, we have overcome a systematic, orchestrated, and constant attack from certain neighbors directed to shut down the business and promote the cease of operations. In a recent meeting, held in Legions Park on December 5, the neighbors even requested the Miami Police to start arresting people at the restaurant. So far, all these negative effect and attempts to tarnish our reputation has stated to -- has started to show detrimental financial impact on the business; moreover, every night that police officers attempt to deal with the alleged disturbance, it causes customers to be uncomfortable, and some of them ending up closing their tabs. Employees are really concerned, as you can see - - and they were here -- about their job being secured, and continuously ask questions regarding, "Do they have to search for another place to work?" Investors and landlords are deeply saddened by all this unnecessary drama and the risk of losing their investment or tenant. Right now we feel the uprising harassment started from the neighbors, who don't like our business. Through the MiMo Association, when they attacked us and discriminated against us, and to all of the new Code compliance issues, arbitrary fines during the day -- just because they are pushed by neighbors who claim that they are experts in the City ordinances, preservationists, and former City employees. Let us not forget that the very first reason for why this -- why we commissioned this local artist from Puerto Rico was to pledge a tribute to all the Puerto Ricans from the diaspora and moved from the island to Miami after the devastating impacts of Hurricane Maria, and that's on the record, too. And it was an act of love and clear freedom of speech through art. I think that's part of the Constitution. Yeah, we feel disappointed, harassed, discriminated, and that our Constitutional rights are being violated by all these are against an artistic paint that was only to brought [sic] vibrancy, tourist, and economic development to MiMo. Therefore, based on all the above -referenced facts, we respectfully request the City of Miami and the Commission to be consistent by placing an approval for a Special Certificate of Appropriateness, just like the same case of Organic Bites, and we can all go home. Thank you very much. Chair Russell: Thank you for your presentation; you did it in 10. Commissioner Diaz de la Portilla: 14. Chair Russell: Mr. Adams, do you have a counter? Yes. Before you do, Commissioner, you're recognized. Commissioner Diaz de la Portilla: I have a couple questions only for now. How many investors do you have in your business? Mr. Cancel: We have three investors, three groups of investors. Commissioner Diaz de la Portilla: Three investors. Mr. Cancel: It's three groups, because they're divided in different but -- City of Miami Page 57 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Okay. Mr. Cancel: You have -- you need the persons? Commissioner Diaz de la Portilla: No. Mr. Cancel: Okay. Commissioner Diaz de la Portilla: How many neighbors are complaining, in numbers; five neighbors, four neighbors, a hundred neighbors? Mr. Cancel: Some of them are -- they call anonymously, but as you can see, we have two of them here. Commissioner Diaz de la Portilla: Is it --? (Comments made off the record) Commissioner Diaz de la Portilla: I'm sorry; I didn't ask you, ma'am. I didn't ask you. So would you say it's -- Mr. Cancel: I don't know. Commissioner Diaz de la Portilla: -- more than two? Mr. Cancel: We take punches, but we don't know, sometimes, where they came from. So apparently, we have a group of neighbors I can certainly attest that are not all of them. Commissioner Diaz de la Portilla: Okay. I'll have more questions (UNINTELLIGIBLE). Commissioner Hardemon: That and the MiMo Association the business association. Chair Russell: The association, right, yeah. Commissioner Hardemon: Which represents a number of organizations. Chair Russell: Yeah. Commissioner Hardemon: They have to follow the Code. Commissioner Diaz de la Portilla: So those are -- May I ask a --? Chair Russell: Of course. Commissioner Diaz de la Portilla: Those are other businesses? Commissioner Hardemon: So -- right. So when -- in that area, you 're not supposed to have murals on the wall. Commissioner Diaz de la Portilla: I know. Commissioner Hardemon: That's the law. And so, those other businesses follow that; this business did not follow that. City of Miami Page 58 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: And the example that he gave is in that same district -- Commissioner Hardemon: Right. So that example -- Commissioner Diaz de la Portilla: -- that has the four murals? Commissioner Hardemon: -- that he gave is a low -scaled building, and it had been there for quite some time. If you were -- if you had -- the way that I see it, and then I think I expressed this on a lower record. I thought that it was a -- it was just a part of the district. It was so known to me that it was there. This mural, from the moment that it was painted, was objected to. I don't know why, but maybe because it was illegal, and maybe the other one got by until someone actually brought it up, but nonetheless, one had been there; this one was new, and I think -- Commissioner Diaz de la Portilla: But they're both in the same -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- MiMo District? Commissioner Hardemon: They're both in the same area. And so -- and -- Commissioner Diaz de la Portilla: Okay. Commissioner Hardemon: -- of course, with this is -- I mean, this is a cautionary tale, right? Because areas like these are very important to the City of Miami; are areas that are historic and have these restrictions, because it's part of the character of those neighborhoods, and the greatest fear for those areas are for people not to follow the rules. If you don't follow the rules in those areas, then it's really (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: So every building there follows the same rules or - - and are all businesses historic? Commissioner Hardemon: In all, the businesses -- for instance -- No, not all buildings are historic. Commissioner Diaz de la Portilla: Okay. Commissioner Hardemon: But it's the same thing as -- if, for instance -- there's a re - - if -- there is a restriction that is supposed to be followed. The way that the law works is that if you do something, like paint a building, you can get cited, and then you have to go before the Historic and Environmental Preservation Board, and go through this process. It's like a -- right? -- to -- and this is a part of that process. And so, my -- the cautionary tale I'm saying is that if everyone follows the same path of just painting their space, and they all go before that board, and they all get told that they need to remove it, then they all come before us, you basically are losing the integrity of that district. And so, there was an exception made -- well, the facts of the other one don't even really matter in this case, but if you'd like to discuss it -- I mean, there was an exception that was made in a prior case, and there are different facts as it relates to that prior case. This -- you know, I'm -- I'll say that I'm extremely disappointed, because I thought that -- you know, I trusted that this organization was moving forward in a way that was honest and that they wanted to be a part of the community which has these restrictions, and said, "We will" -- "We want to see the mural in a way that is acceptable to the district," and that's what I believed that they were going to do. And, I mean, I was in the room when the City of Miami Page 59 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Planning and -- well, the HEP Board -- when a representative said to the HEP Board, I want you to vote this down." And that was a clear sign to me as a Commissioner that that person that was speaking before the HEP Board gave no due care or respect for the HEP Board's decision, because they felt as if this board was going to do exactly what they wanted them to do, and it was probably -- it was a low moment for me as a Commissioner, but a demoralizing moment, I know, for the people that serve us on the HEP Board, who try to uphold those laws. That's -- you know, that's how I see it. Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: The question I was asking was, if the rule -- the rules are the rules, but have exceptions been made to those rules? The example that they cited, was that an exception to the rules? Because once you make an exception to the rules, then there 's no uniformity; then the rules are not the rules anymore. Commissioner Hardemon: No. The -- Commissioner Diaz de la Portilla: So that's -- Commissioner Hardemon: -- the rules are the rules. Commissioner Diaz de la Portilla: -- a very specific -- Commissioner Hardemon: Their argument, to me, is -- Commissioner Diaz de la Portilla: Not their argument; your argument. Commissioner Hardemon: No, I don't have an argument yet. Commissioner Diaz de la Portilla: Okay. Commissioner Hardemon: I'm here to decide upon the facts that are presented to me. But what I'm saying to you is this argument that they're making is akin to someone saying to me, "I'm speeding, yeah. You stopped me, but why didn't you stop him?" Right? And so, in this case that we have before us, there's -- there are distinctions between this case and the other case, but the other case is not before us right now. This case is before us. And to be honest with you, you know, this -- I had empathy for this organization, because as what was told to us -- and I believed them -- was that they moved forward with the painting of this structure with the permit that they had because they felt that this was all that was needed in order to paint that structure, and I believed that, because -- And even though other people said, "You shouldn't believe it," I believed it, because I felt as if -- you know, there's a lot of things to know when you're trying to open a business in the City ofMiami. And, you know, I had residents that were telling me, "Listen, you know" -- just like what was stated earlier in public comment -- "The Mayor was there," et cetera, and they felt hopeless in the matter; that the matter was not going to be handled appropriately. And so, with all of that being considered, I said, if I were a business owner and I painted a building under the guise that I had permission to do it, but in fact, I did not have the permission to do it, then I would want someone to help me, and that's what I thought I was doing when we did this before. But I'll tell you, the pure audacity and the tone of the speaker when they asked this board before us, the HEP Board, to vote it down, it -- I mean, it was -- I was watching someone abuse the system, and I don't think it was about the money. And they're going to present it -- they presented it as if it is about the money, but I don't think it was about the money. Because if it was about the money, I'll give you a grant -- I'll give you -- listen to me. Listen to City of Miami Page 60 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 me, I will give you a grant for $100, 000 to put the thing on there, if it's about the money. Mr. Cancel: It 's about the money. Chair Russell: No applause, please. Please, hold your applause. Commissioner Hardemon: So, you know, that's really how I feel about it. And this is my district. I respect everyone that lives in there. I respect the business owners. And what's sad about it to me is that not -- that there 's an order, and we stepped outside that order to make a consideration for business people in our community that are trying to do -- supposedly, trying to do good, and in doing that, it burned us. It burned us really, really bad. And so, we 're sitting here with a major issue that is all about respecting the restrictions that we put in our communities. And, you know, I 'm sad that I made that decision. And so, in another case, because it even leads to the argument or the suggestion that because they got it, I should get it. And so, with that being said, like I said, I -- we can hear from whomever else -- Chair Russell: Yes. Commissioner Hardemon: But there we are. Chair Russell: I can see where you are. Mr. Adams -- Commissioner Carollo: That's the best speech you 've given all night, Commissioner. Commissioner Hardemon: I still lose. Chair Russell: So, gentlemen, this -- and we are in a quasi-judicial setting. We are hearing this de novo, however. There are very specific rules of what we are trying to make a decision upon, and so it's very important to note what counts here is not about what fights they've had with the neighbors, whether the neighbors said something negative. So all those elements that you brought in are certainly a hardship you've gone through as a business owner, but what we are voting on here tonight is the process we have, whether the process was followed, and whether what you're proposing is appropriate. I say we get past all of the old arguments of whether they did it correctly initially or not. Commissioner Reyes: We can do that. Chair Russell: As we 're hearing this de novo, the HEP Board decision, we can take it and weigh it, but this is our decision here today. I believe they have not had quite the hardship it seems, because I hope and believe that the restaurant is very successful right now. A Puerto Rican flag painted on a building is beautiful and can be welcomed and can be good for a business. Puerto Rican flag painted against the rules is controversial and is newsworthy and is marketing. A Puerto Rican flag that gets voted down is now viral and becomes a nationwide story about an island nation that's been kicked in the teeth a lot over the last few years and deserves a lot better than what they've gotten. How do we come to a resolution here that we can all live with and that is legally binding; it is not damaging to your business, but follows the rules of a neighborhood? So I have some opinions and ideas, but I want to follow the process, because whatever we do here, I don't want it to go to another court and get overruled. So, Mr. Adams, if you could, make the presentation you'd like, and please also, do address the difference between this and the exception that was brought up, because if this goes to a higher court, I want it clear to any judge that looks at it whether there 's a distinction on why they let one person have it but not City of Miami Page 61 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 another. And in the end, I'm going to make a recommendation and see where the board is, especially the Commissioner of the district, on where we go from here. Mr. Adams, you're recognized. Commissioner Carollo: You have 11 minutes. Chair Russell: Yeah. If you can match the time they had, it'll be -- Commissioner Reyes: Chair? Chair Russell: Yes, sir. Commissioner Reyes: Can I ask him just one question? Chair Russell: Of course. You want it before his presentation? Commissioner Reyes: Yes. Chair Russell: Okay. Commissioner Reyes: Just a simple question, because what I heard is -- Commissioner Carollo: Mike. Your mike. Chair Russell: Honestly, Commissioner Reyes doesn't really need a microphone; does he? Commissioner Reyes: No, I don't. God gave me this voice, you know, and -- but the only thing, I cannot sing. Hilton Napoleon: Mr. Chair, also, can I have an opportunity -- I know; I'm not (UNINTELLIGIBLE). Chair Russell: Yeah, on rebuttal, on rebuttal. Mr. Napoleon: Okay, to address the concerns that you had as far as the legality of it and things like that. Chair Russell: Yes. Mr. Napoleon: Okay. Thank you. Chair Russell: On rebuttal, please. Mr. Napoleon: Thank you. Commissioner Reyes: Sir, one question. Chair Russell: Yes. Commissioner Reyes. Commissioner Reyes: I heard you mention that it was not according to the palette; that's right? Mr. Adams: Yes. City of Miami Page 62 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: If that flag would have been from another color, you would have no problem? It would have been within -- you have a palette of colors that they are allowed there, right? Mr. Adams: Yes. Commissioner Reyes: If it would have been -- instead of being red, white and blue, it would have been according to the palette, would they had any problem? Mr. Adams: The guidelines state that murals -- Commissioner Reyes: Yes or no (UNINTELLIGIBLE)? Come on, man. Mr. Adams: Well, murals must have approval from the Historic Preservation Board. If it was -- a mural was painted in the colors from the palette -- Commissioner Reyes: Yes. Mr. Adams: -- the board may or may not approve it. But certainly, yes, there is a color palette for that neighborhood. Commissioner Reyes: Okay. And you had permission, and the permission was given by whom? And we cannot divorce this from -- it was given by whom? Mr. Cancel: The permit was issued by the Department of Police/Special Events Unit. Commissioner Reyes: Okay. Mr. Cancel: And it was clear that says, "In order to paint an artistic mural at the location without any restriction, without any precondition" -- like Certificate of Appropriateness -- "without any restriction when it comes to color, or without any time restriction when it comes to when it has to come down." Commissioner Carollo: Can I look at that permit? Mr. Cancel: Yes. Commissioner Carollo: Could I see it, please? Mr. Cancel: Oh, yeah, sure; pleasure. Chair Russell: Commissioner Diaz de la Portilla. Commissioner Carollo: Sir, I'm not aware that the City of Miami Police has that kind of authority. Commissioner Diaz de la Portilla: What -- Chair Russell: Just a moment. Vice Chair. Commissioner Carollo: If I can see a copy of it, please. Commissioner Diaz de la Portilla: Well -- Unidentified Speaker: It was a loophole. City of Miami Page 63 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: -- that was my -- Commissioner Carollo: Yeah, a loophole. Commissioner Diaz de la Portilla: -- question. I mean, I don't understand -- I've never heard of the City of Miami Police has that authority. And a special events permit is for a limited period of time; not for eternity or not for -- in perpetuity, so why would you keep it there if you only had a special events permit? Mr. Cancel: That's a good question. And our concern was that now that all these issues arise, the Police Department and the Special Events Unit never asked for a rendering. They went ahead and approve it, conditioned that we had off -duty officers at the site, which we complied with. So -- Commissioner Carollo: How did you pay those off -duty officers? Mr. Cancel: By the hour. Commissioner Carollo: Yeah, but did you pay in cash or check? Mr. Cancel: Yes, yes. That's part of -- Commissioner Carollo: Cash? Mr. Cancel: Yeah. That's part of the process. Commissioner Carollo: Okay. Chair Russell: All right. We 're back to relevance, please. Commissioner Diaz de la Portilla: Abiding by the rules. Commissioner Carollo: Well, you 're being honest, and that is part of the process. Mr. Cancel: No, every time. Commissioner Diaz de la Portilla: But let me ask -- Commissioner Carollo: You know what I mean? Chair Russell: One at a time, please, Commissioners. Commissioner Diaz de la Portilla: Let me ask about the permit. Do you have a copy of that permit here? Mr. Cancel: Yes, we do. Commissioner Diaz de la Portilla: Can we see -- can I see it? Mr. Cancel: Yes. Let me upload it with the IT (Information Technology) guy. Commissioner Diaz de la Portilla: Well, can you tell me if it has a time period that you can have the mural up, or does it tell you to have --? Mr. Cancel: Has the hours of why that -- how that permit has been approved, from 10 a.m. to 11 p.m., so that was the time that we were lawfully allowed to partially close the street so we can go ahead with the painting. So at no point was a City of Miami Page 64 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 restriction when it comes to the painting itself. And I'm really sure that that loophole that was present at the time, Commissioner, has been closed down, thanks to this process. And we were referred -- not "we" -- our permit expediter was referred from Zoning to Building to Public Works, and eventually, to the Special Events Unit from the Police Department. Commissioner Carollo: Well -- Mr. Cancel: So they were the ones providing the permit as we complied with every other paperwork, including payment. Commissioner Carollo: -- somebody's going to have -- Commissioner Diaz de la Portilla: I've never heard of that. Chair Russell: One at a time. One at a time. Commissioner Diaz de la Portilla: I had never heard. Commissioner Reyes: You're the (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: We have never heard of that, but I want to see -- let me take a look. Well, let me take a -- well -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- let me take a look at the permit, because -- Mr. Cancel: Of course. Commissioner Diaz de la Portilla: -- I can't believe that -- it's hard for me to believe that it went from different departments here in the City and ended up in the Police Department. Chair Russell: Please introduce yourself again, and you're recognized. Mr. Napoleon: Again, my name is Hilton Napoleon, and I'm an attorney. I represent the restaurant. There 's something that's very, very important that I want to point out that is actually within the City Code, and I'll read. I'm reading from Section 10.3. It says, "Signs Exempt From Permit Requirements." It says, "The following type of signs and change of copy signs are exempt from the permit requirements due to the Public Health, Safety and Welfare, which they require; more specifically, because the signs are needed in order to convey messages to protect lives, give direction, identify public access, and protect civil rights." In subsection -- or Section 10.3.1.6, it says, "Symbolic Flags, Award Flags, House Flags." And this is what it says, "No sign permit shall be required for the display of symbolic award or house flags." So the Puerto Rican flag is a symbolic flag that is exempt from the permit requirement. Commissioner Diaz de la Portilla: But that's not a flag; that's a painting of a flag. Chair Russell: It's flag art. Mr. Napoleon: But it -- at the -- Commissioner Diaz de la Portilla: It's a different thing. City of Miami Page 65 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Napoleon: -- end of the day, it's still a flag. Whether it's painted on the building or not, it's a flag. Commissioner Hardemon: It's not a sign; it's a mural. Mr. Napoleon: I'm sorry? Commissioner Hardemon: It's a mural. Mr. Napoleon: Well, back to the other question, if it is a mural -- okay? And this is the question that Chairman Russell raised. If it is a mural -- Whenever you have a city that is distinguishing between the type of protected speech, then there is a constitutionality issue, as far as the First Amendment is concerned. I have several cases, and I could read them into the record to give the City Attorney's Office an opportunity to look at it later. But whenever there is -- there are exceptions that's made -- and Organic Bites was an exception. So when you make that type of exception for a mural, you cannot then go back and control the content of protective speech, whether or not it's in a protected zone or not. And the cases come from the Eleventh Circuit Court of Appeals. The pertinent case is Solantic versus the City of Neptune Beach. The case cite is 410 Federal 3d 1250. There was also one -- the title of the case is Complete Angler versus the City of Clearwater, Florida, and that was in the Middle District of Florida. And in that particular case, it was a bake shop owners who brought an action against the City; challenges the City's sign and banner ordinances as unconstitutional on their face, and as applied to marine themed murals on an outside wall of their bake shop, and the banner reciting the First Amendment placed over the mural. And basically, what that Court held is that the murals and the banners were protected non-commercial speech, and they found that the City's application of the sign and banner ordinances was not content - neutral. And what I'm speaking about here is that the mural that this City has already approved, you have set a precedent now, and now you cannot disapprove protected speech, and I think that there is -- Chair Russell: Which mural are you referring to? Commissioner Hardemon: Mr. Chairman? Mr. Napoleon: I'm talking about -- if you're claiming that the flag is a mural, I'm talking about the flag, because that's an expression of expressed -- of -- Chair Russell: Who approved the flag? Mr. Napoleon: No. I'm saying that the previous mural for Organic Bites was approved. Chair Russell: Okay. Thank you. Commissioner Hardemon. Commissioner Hardemon: Mr. Chairman. So I couldn't care less if it was a flag or my face on the wall. Mr. Napoleon: Right. Commissioner Hardemon: A mural is disallowed, unless it is allowed -- right? -- by the HEP Board. And if it's denied by the HEP Board, you have a right to an appeal, which brings it before us for us to decide whether or not this should be approved. The content of that mural is of no concern to me, and it's no concern of this board. The fact that there is a mural is what's the concern. That's what the neighbors have been upset about. Moreover, in an extension of the guidelines that are allowed in City of Miami Page 66 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 that area, they're saying, "Please" -- the compromise was "Please, put your flag up if you want" -- if you're discussing it as a flag. Put your -- or put your artist's rendering up in the form of the lighting that is allowed in that area, and that will be sufficient to meet the guidelines of that space. People could still take pictures and whatever it is that you want them to do. Mr. Napoleon: Right. And -- Commissioner Hardemon: But here -- Mr. Napoleon: I'm sorry. Commissioner Hardemon: -- this is certainly not about -- and I want to make it abundantly clear -- a flag; it is about a mural, no matter what that mural -- what is painted on that mural. You could look to the facts if you like of -- well -- and I'll just leave it at that. Mr. Napoleon: I'm -- Chair Russell: Thank you. Mr. Napoleon: And Commissioner, I understand what you're saying. And the issue is -- I understand what you're saying; you may not like the manner in which they went about it, and I -- but, however, at the end of the day, if murals are allowed, you cannot restrict the content of that mural, especially when it's a free speech issue. Commissioner Hardemon: If it's allowed, correct. Mr. Napoleon: And I understand that you're saying that this board has to approve it, or the HEP Board has to approve it, but what Commissioner Russell's concern is - - and the courts have already said it -- is that when there's a content -- you cannot create content -based restrictions, and that's basically what that is. If you're saying it's -- Chair Russell: I don't believe we are. Mr. Napoleon: Well, if you -- Chair Russell: I don't believe we are. Mr. Napoleon: Well, if -- well, I can tell you that it is. Because let me tell you what the actual HEP Board rules are; just -- Chair Russell: So you're saying the rules themselves are unconstitutional? Mr. Napoleon: No. I'm saying, and the way that it's actually being applied, because you allowed the mural for Organic Bites, and you're not allowing the mural that is protected speech, which is a flag. Chair Russell: All right. So at this point -- now we have a couple things we 're dealing with; one is the permit that you received, which is now on the monitor for Commissioner Diaz de la Portilla. And even though this permit is valid, you recognize governments have various layers of approvals that one must go through. And if you get through one layer, it doesn't mean you've gone through all of them, and it's not that one layer's responsibility -- Mr. Napoleon: Right. City of Miami Page 67 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: -- to tell you about the other layers. So if there is a Police approval to make it safe for you to paint does not necessarily mean you've gone through all the layers, such as HEP Board approval for a historic district. Now, I would like -- while you study that, I would like Mr. Adams to address the issue of the other mural so that we have it on the record that -- whether or not it can be used as a precedent that they can rely on for a future case. Mr. Adams: Okay. With regard to the other mural, I do believe that is currently un - - still under appeal from the MiMo Association; actually appealed that decision to the Circuit Court. There's a representative here from the MiMo Association who might be able to tell you exactly what stage that's at. Chair Russell: Got it. But it's under appeal, so it's not settled -- Mr. Adams: The appeal is -- Chair Russell: -- at this point. Mr. Adams: The appeal is not settled yet, no. Mr. Greco: Mr. Chair, I can confirm that the case is on appeal, and it's pending. Chair Russell: So it's not yet able to be used as a precedent, because there's no solid decision -- Mr. Greco: Well, it's not final yet. Chair Russell: It's not final. Mr. Napoleon: That's a decision from this Commission, though. Commissioner Diaz de la Portilla: And may -- and question, Chair -- maybe a question for the City Attorney. The way I read this, this is a permit to paint the flag. So actually, the physical painting of the flag during a certain period of time; not obstructing any right-of-way, and that's what this appears to me. Have you read it? The painting of a mural or the painting -- Mr. Napoleon: Of the wall of the building. Commissioner Diaz de la Portilla: -- a mural at -- it says, "mural." The painting of a mural on a wall, but during that process of painting; not to keep it there. That's the way I read it. Mr. Garcia: Yeah. If I may, because this issue has come up before. The fact that the permit on its face makes mention of the painting pertains to the fact that the activity, which is being rendered safe by the presence of the Police Department, is described on the face of the permit. So there is no confusion what activity is going to take place. The activity is protected; the content of it is not allowed. Commissioner Diaz de la Portilla: Correct. That's the way I read it. Chair Russell: Right. And there should be a certain order of approvals that are given. Before the Police say, "Yes, you can paint it," we should know from all relevant boards whether or not it's allowed, and that's why we gave in the last time this was before us some deference. We really understood that there was the chance that this permission was given in error, but it shouldn't -- if that's the case -- allow for that error to be there in perpetuity. So we were looking for a compromise. We City of Miami Page 68 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 were looking for another solution to them, and that's where the neon concept came about, which would allow for the flag art to be there, represent Puerto Rico, bring attention to the restaurant in a beautiful way; yet, fit with the mid-century modern design of the MiMo District. There is a lot of neon there. It is within the rules. Now, I'm concerned with where they're going on this constitutional argument, because it almost seems, Commissioner Hardemon, is they're almost daring us to vote this down so they can -- Imagine how much publicity would come about from a constitutional fight at the Supreme Court for this restaurant. I don't want to go there, and I hope they don't take it there, and that's why I would like to offer this compromise. I don't believe that the neon needs the metal backing and all the additional costs involved within the color backing of the neon. You don't always see that within neon displays on buildings. Neon on a building, especially in this historic district, is sufficient, and I think it would be absolutely a good compromise and stunning and fit. What you have there is not appropriate, according to the Historic Preservation Board. And if this board feels the same way, I believe the compromise is the neon, and it would be my recommendation that the neon is what would be allowed, but not what is there now, and you could appeal that to a higher court, but I would hope that you embrace it, invest in the neon with the grant Commissioner Hardemon's offering from his City office budget, I believe -- I'm kidding -- and that we move on from this, because the way it was painted was against process. The process is here now. We can go any direction on this board, but I welcome the opinions of the other Commissioners, because the flag art should be possible. I don't see a reason -- I don't see us -- I don't know if Commissioner Hardemon 's -- if he believes it should be painted white and left alone until another application for some other option, but I'm certainly open to the concept of the neon, which was offered to you before, but it went back to the HEP Board, where we thought you were at -- you were amenable to it at this time. When it went back to the HEP Board, you were almost daring them to say "no" to it, whether it was out of cost or just because you want to keep the existing flag and the controversy around that by keeping -- continually getting denied keeps this very newsworthy. I'd like to move on, and I -- and that would be my recommendation. I welcome other thoughts on this. Commissioner Reyes: Mr. Chair? Chair Russell: Commissioner. Commissioner Reyes: There -- I went through this last. I said, "Wow." You see? And I put myself in their shoes. I get a permit. I spend money getting the permit. I have a restaurant, and I think that I have done everything that -- within the law. I paid the police officers, and I paid everybody, and then here comes a group of people or comes the City and say, "No, no. You were wrong." I don't think that's fair. And by the same token, we come -- we have -- and we did it, because I was one of the culprit -- I voted in favor of the other mural, you see, when it was the -- there was a couple that they came before us, and they pleaded and said, "But it is there. We did it," and all of that. And then we voted in favor of that. You see? I don't know. I -- my impression was that if it was from another color, maybe it wouldn't be that much of an issue, and that's what really irks me a little bit, because -- I mean, it is a flag. It's the Puerto Rican flag, which is now painted as a beautiful flag. And I don't know how we can punish these people for something -- a mistake that it was done by us, it was committed by us. And if the Police Department issued that permit, I will ask for an investigation; what gave them the power to do it, and if there is a record in there, because I don't know what happened. You see? Commissioner Carollo: Or who told them to do it. City of Miami Page 69 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Or who told them to do it. But the thing is, they went through all the process, you see? It's not that they -- one day they came and then they grab, and they started painting. Commissioner Hardemon: They didn'tgo through all the -- Commissioner Reyes: Just like "Let's paint this." He went -- Chair Russell: Commissioner Hardemon. Commissioner Reyes: -- through all the process, you know. Commissioner Hardemon: They didn'tgo -- Commissioner Reyes: I mean -- Commissioner Hardemon: -- through all the process. They went through a process to have -- Look, if you're painting a structure, you 're going to be obstructing the sidewalk or something, or the street, you need a permit from the Police Department to make sure -- whatever the police make sure of right? Same way if you're having an event in your community, you need off -duty police officers to help protect it. That 's the process they went through. Commissioner Reyes: But there was a confusion -- Commissioner Hardemon: And we gave them extreme deference in saying that -- because it says -- the police -- the permit says that they're "authorized to conduct artistic painting of a mural at the above -listed location." No one applies to the Police Department for permission to paint a building. You apply to the Police Department because someone says, "In order for you to paint this building and block the sidewalk, you 're going to need the police to be there." Right? Not one police officer has ever made a decision about any artistic renderings in the City of Miami. That just doesn 't -- it does not exist. And -- Commissioner Diaz de la Portilla: And maybe -- Commissioner Carollo: But you know what I don 't like? It says, `Applicant is authorized" -- Commissioner Reyes: That's right. Commissioner Carollo: -- "to conduct artistic painting of murals." Commissioner Reyes: Absolutely. Commissioner Carollo: And I understand what you 're saying, Commissioner -- Commissioner Reyes: Yes. Commissioner Carollo: -- and I, you know, agree with you, but -- Commissioner Reyes: The confusion (UNINTELLIGIBLE). Commissioner Carollo: -- that bothers me. Now, who do we have from the City here? Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). City of Miami Page 70 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Mr. Napoli, you're the highest -- Commissioner Reyes: Authority. Commissioner Carollo: -- authority that we have here, and I'm glad that Vinny's back there hiding somewhere. Commissioner Hardemon: He gave the permit. Commissioner Carollo: Let's get you up front, because even though you're not from the Police Department, you are -- Chair Russell: Special Events. Commissioner Carollo: -- Special Events. What I need to find out -- and maybe Napoli doesn't know enough on that; maybe Vinny's the guy to answer. Mr. Napoli: Well, I'll -- Commissioner Carollo: Maybe you might want him to answer. Mr. Napoli: Right. -- after 1 hear the question, I'll answer, Commissioner. Commissioner Carollo: Yeah. Well, what I'm frying to find out is what is this Police Department Special Events permit? Is this something that is normal? Mr. Napoli: Yes. Commissioner Carollo: Is it not? What is this? Mr. Napoli: It's to allow them to do the activity. It permits them to do the activity and to -- if they're obstructing traffic, they need the permit to do that. So that's what this per -- Let me finish, Commissioner, please. Commissioner Carollo: Sure. Mr. Napoli: That's what this permit allows them to do. Because of the confusion that may be implied in this permit -- that it gives them authorization to paint the mural, which it does not, is not intended to -- they since have changed the form to make it very clear that it's only for the -- allowing them to actually do the work in accordance with traffic -- not obstructing traffic, that sort of thing. Commissioner Carollo: But -- Mr. Napoli: But not to actually -- Commissioner Diaz de la Portilla: Keep it. Mr. Napoli: -- keep -- well, not to actually paint the mural if it hasn't been approved to paint that mural. Commissioner Carollo: But -- Mr. Napoli: It's to -- Commissioner Carollo: -- Mr. Napoli, I understand now that you're telling me we got a new form -- City of Miami Page 71 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Napoli: Yeah. Commissioner Carollo: -- that's supposed to be clearer. Great. My problem is that in this form, how could the Police Department have been giving permits like this that applicants authorize when, apparently, they didn't check anything out to see if, indeed, they were authorized or not? I mean, this is part of what I've talked about today. The -- I mean, this is such a mess. Vinny, can I get you up here, because you --? I think-- and no offense to you, because you don't deal with this day to day, Joe, and I understand that. Have you seen this up there, the special events permit they're talking about? Vicente Betancourt (Administrator/Office of Communication -Film and Entertainment): Yes, I saw. It's a Police special event permit for -- and it mentions the MOT, which is the Maintenance of Traffic that's designed by a traffic engineer to shut down a street, and that's basically what they -- Commissioner Carollo: What is this? Because the only thing that I understand here Chair Russell: Vinny, could I just get you to introduce yourself just for the record, please? Mr. Betancourt: Oh. Vincent Betancourt -- Commissioner Carollo: Yeah. So far -- Mr. Betancourt: -- City of Miami, Special Events. Commissioner Carollo: -- the only thing I understand, Vinny, is that -- what was crystal clear was that they had to put cops out there and pay in cash, and I'm starting to wonder if this is the main criteria that is being followed in the Police Department/Special Events Unit to get permits. And, you know, I don't know if these people are taking us for a ride; they really knew what was going on, and they're using this as an excuse, or if they're victims; that they don't know how the process works. They get something like this, and they get burned. And I'm not trying to justify what's happened by that, but I'm -- you know, I'm trying to get to the bottom line of it, what really happened. So if you can walk me through this permit, and explain to me and to the Commission what -- how this police permit events -- special events permit works. What does this really say and gives them authorization to do, as you best know? Mr. Betancourt: Okay. Can we bring it up so I can read through the --? Commissioner Carollo: Yeah. Mr. Betancourt: Okay. So the Police Department/Special Events Unit works, for example, in conjunction with my office. They work with the Building Department. Any time you need to close a street or a sidewalk, they'll issue you a permit. So with our office, if we're doing an event, we ask for the event organizer to give us a Maintenance of Traffic, which is what's noted on this permit, stating what they're going to close. And attached to our permit is when they give you this permit, saying "Okay, you 're closing down this street." Attached is the MOT" and it shows from what time to what time, what streets, what they're closing; barricades; with video messaging boards, directing traffic, and you need "X" amount of police officers to maintain that area safe. So that's pretty much what that permit is. I understand on the top, the way that they described it. `Applicant is authorized to conduct the artistic painting." That, I think, was a -- I think it was -- I don't know why they put it City of Miami Page 72 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 on there, but it -- I understand how you could say it's misleading, but the actual permit is not to allow them to paint; it's to allow them to close that street and hire the off -duty officers. Commissioner Carollo: Yeah. In the top, it says -- Commissioner Reyes: That 's not how I read it. Commissioner Carollo: -- "Police Department" -- Commissioner Diaz de la Portilla: That 's how I read it. Commissioner Carollo: -- "Special Events Permit. " It -- you know, so it makes clear what it is on top, but I really have a problem with that wording -- Commissioner Reyes: Yeah. Commissioner Carollo: -- that was used there, and -- Mr. Betancourt: Right. I see how it could be confusing, but the actual permit is for the lane closure, the lane drop, or to be able to have officers keeping that area safe. Chair Russell: Mr. Attorney, quick question. Despite whatever this permit says, is it not the burden of the applicant to apply with all applicable laws -- Commissioner Carollo: It is. Chair Russell: -- and ordinances? Commissioner Carollo: It is. Commissioner Reyes: But they don 't know. Chair Russell: It 's -- Mr. Greco: That is correct. Chair Russell: -- on -- the burden is on them to discover what those laws are to do their diligence and not rely on what one department -- one hand says about another hand or one jurisdiction says about another. Commissioner Hardemon: I have a question, Mr. Chairman. Chair Russell: I just want to get an answer from the -- Mr. Greco: They are charged with knowledge of the rules that apply to them and the laws. Chair Russell: I'm sorry? Mr. Greco: They are charged with knowledge -- with having -- gaining knowledge of the laws that apply to them, yes. Chair Russell: Thank you. Relying on someone else's incorrect information does not absolve them of their obligation; am I correct? Mr. Greco: That is correct. City of Miami Page 73 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Yes. Chair Russell: And then Commissioner Diaz de la Portilla. Commissioner Hardemon: Tell me your last name again, sir. Mr. Cancel: I'm sorry? Commissioner Hardemon: Can you tell -- Mr. Cancel: Yes. Commissioner Hardemon: -- me your last name again? Mr. Cancel: Cancel. Commissioner Hardemon: You -- I'm sure you've been sworn in earlier, right? So my question for you is, did you ever consult with your landlord about whether or not you could paint the building? Mr. Cancel: No, sir. We asked for the landlord for a letter of consent, and he approved that, stating that we have to comply with every applicable law. Commissioner Hardemon: Do you have -- Mr. Cancel: And we -- if I may -- contracted a permit specialist that was the one representing us, getting through all the departments of the City that arrived into the Special Events Department of the Police Department. Commissioner Hardemon: -- a copy of that letter of consent that you're --? Mr. Cancel: Yes, we have it. Commissioner Hardemon: Can you provide it for me? Mr. Cancel: Not right now, but we have it. Commissioner Hardemon: Can you get that for me right now? Mr. Cancel: Of course. Right now? Commissioner Hardemon: And also -- and what's the name of your -- the permit specialist? Mr. Cancel: Fritz Mason. Commissioner Carollo: How did you come about --? Chair Russell: Just a moment, sir. Commissioner Diaz de la Portilla: My turn now. Chair Russell: Just a moment. Commissioner -- Commissioner Hardemon: That's Fritz -- City of Miami Page 74 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Cancel: Fritz Mason. Commissioner Hardemon: -- Mason. Mr. Cancel: That's right. Chair Russell: Commissioner Diaz de la Portilla and then Commissioner Carollo, unless you're not finished? Commissioner Hardemon: Do you have contact information for that person? Mr. Cancel: We have a cell phone number, and we have an email. Commissioner Hardemon: Can you provide it to the Clerk for me? Mr. Cancel: Sure. We still have some comments regarding the -- this later discussion, when we may. Commissioner Hardemon: Commissioner. Commissioner Diaz de la Portilla: We're past way -- way past our deadline, by the way, but -- and I don 't know if you're supposed to extend it or do a motion to extend. I don't know how it works here. I guess he has to ignore the motion that I made that we end it at 10:45. This is my question: When you -- did you remodel your restaurant before you opened it? Mr. Cancel: I'm sorry? Commissioner Diaz de la Portilla: Did you remodel your restaurant before you opened it? Mr. Cancel: That's right. Commissioner Diaz de la Portilla: Did you obtain a number of permits for that? Mr. Cancel: Correct. Commissioner Diaz de la Portilla: It wasn't one; it was seven, eight, 10; bonding and electricity and everything else. Mr. Cancel: And all the endorsements; Health Department and so forth. Commissioner Diaz de la Portilla: Right. Mr. Cancel: That's right. Commissioner Diaz de la Portilla: So you 're aware that when you construct -- when you do something related to remodeling a building -- and painting is part of remodeling a building -- Mr. Cancel: That's right. Commissioner Diaz de la Portilla: -- that you obtain multiple permits? Mr. Cancel: That's right. City of Miami Page 75 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: And you're also aware a special event is not an ongoing event; it's a special event? Mr. Cancel: No. I will qualify that, because, once again -- and I wanted to address these things about how we are here interpreting rather than what it says. At no point this permit has an asterisk that says, "Subject to another department." At no point this event that took place for 11 hours -- and when all the drama started at 10 a.m., including Code Compliance, the neighbors, the MiMo Association, at some point -- and Commissioner Carollo, this is going to be interesting for you -- someone from the City called the off -duty officers and told them -- Commissioner Diaz de la Portilla: That's a different issue. Mr. Cancel: -- you have -- No, no, but this is important -- you have to leave the site, because this is becoming something gray. At no point in 11 hours that permit was revoked. So if the City at that point will revoke the permit, the complete mural wasn 't going to be painted, but what happened? That never happened. Commissioner Diaz de la Portilla: That's not the point. The permit has to be -- Mr. Cancel: Well, I want that -- Commissioner Diaz de la Portilla: Well -- May I? Chair Russell: Yeah, of course. Commissioner Diaz de la Portilla: The permit has a date and -- has two dates. It says, 12-27-18 through 12-27-18. Mr. Cancel: That's right. Commissioner Diaz de la Portilla: Okay, that's one day. Mr. Cancel: One day. Commissioner Diaz de la Portilla: It says -- Mr. Cancel: 11 hours. Commissioner Diaz de la Portilla: -- has a time -- Mr. Cancel: 11 hours. Commissioner Diaz de la Portilla: -- from 10 a.m. to 23:00 hours; 11 o 'clock. Mr. Cancel: That's right. Commissioner Diaz de la Portilla: The way I read that, just by -- is that it ends at 11:01. Mr. Cancel: That's right. Commissioner Diaz de la Portilla: That you can't continue the activity. The same way when I was young, I used to be involved in a lot of political protests and all that, we used to go to the Police Department in different cities and get special events permits to protest. It doesn't mean that it could be an ongoing protest; when it ended, it ended. It was for 4 hours, for 6 hours. The beginning and the end of this City of Miami Page 76 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 permit is clear here. It doesn 't take a rocket scientist to figure out that it starts and it ends at a certain time. So you knew that this wasn't something to be kept in perpetuity. You knew that it ended at a certain time. You also -- having gone through a remodeling process, I'm thinking that you would know that there's a number of permits, or that your expediter -- you mentioned you used an expediter -- Mr. Cancel: That's right. Commissioner Diaz de la Portilla: -- clearly knows that -- otherwise, he wouldn't be in that business -- you required a number of permits. So -- and I read the whole thing, the way I read it, I read it differently than Commissioner Reyes reads it. I read it to be for a limited time period. It closes those streets for safety reasons, so that people can paint and cross the street and put scaffolds up and everything else, and that's why the permit is given. It's not given for keeping it up there; it's for doing the activity of painting it. Mr. Cancel: Not particularly, sir. Commissioner Diaz de la Portilla: And you're expediting -- Mr. Cancel: It's the interpretation side. Commissioner Diaz de la Portilla: No, it's not. It's a (UNINTELLIGIBLE). Mr. Cancel: Yeah, it is. The interpretation is that we were allowed for 11 hours to have a boom there and partially close the street. Commissioner Diaz de la Portilla: Yes. Mr. Cancel: I personally asked the officers off duty that if we were violating some law and we could be arrested? And his answer was clear: "As long as you have that permit and you're not completely blocking the street, you cannot go" -- "you cannot be arrested." Commissioner Diaz de la Portilla: For that activity during those hours. Mr. Cancel: That's right. Commissioner Diaz de la Portilla: But he's not -- he doesn't have knowledge -- or should he have knowledge of telling you that you have to call this department and that department -- Mr. Cancel: Perfect. Commissioner Diaz de la Portilla: -- to keep it, but that's not his job; it's yours. Mr. Cancel: It's the same thing. Commissioner Diaz de la Portilla: When you conduct an activity, it's your responsibility to know the law and to follow the law. It's even more the responsibility of your expediter to know which department to go to and what permits to obtain. It's not a police officer to tell you, "Oh, you're good to go; paint whatever you want." Mr. Cancel: No, no, it's not that. We never asked the police officers about painting or not painting. City of Miami Page 77 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Well, that's what it says. Mr. Cancel: What -- no, no -- we asked the officer is that if we were exposed to being arrested if we were not complying with the law, and they stated that as long as we had that permit, we are not going to be arrested. So that permit and the complete 11 hours and all the drama behind it was never revoked, and that's a point that maybe you can address to the City directly to what happened -- because this was known. It was notorious for that day. Chair Russell: All right. Mr. Cancel: And now we 're running about interpretations here. Chair Russell: Here's a distinction that's very important, and I'd like to draw this. You -- in -- you could only be arrested for vio -- I mean, if you were violating a criminal law, or blocking a street, painting something you shouldn't vandalism. Mr. Cancel: That's right. Chair Russell: What we 're talking about is an issue here with regard to the Code, and you would never get arrested for violating historic preservation by building something you shouldn't, et cetera. So we're looking at two different areas of the law here, and that 's why I really want to get past whether or not you were allowed to do it in that moment, and I really want to get to where what is the Certificate of Appropriateness that we would like to grant you or not grant you, because how we got here is a journey. And you may actually have a legal claim to say, "We acted, you know, with the knowledge that we had that we were allowed to do it, and we spent X' amount on paint." Fair enough. "You're telling us that we have to take it down. Well, you owe us now." Maybe you've got a case there; I don't know. I really believe our job tonight, which I'd love to bring to a close, is what is appropriate for this historic district that we would like to allow you to do or not do? Commissioner Hardemon -- Mr. Cancel: Mr. Chair? Chair Russell: -- I really -- I'm curious to hear where the end of your suggestion is, because I haven 't yet. Commissioner Hardemon: Right. So I want the contact information for Fritz Mason, and a want a copy of the letter that you received from your landlord. I want it before I make my decision. Chair Russell: All right. So intent is important to you here on whether or not they were violating the rules with knowledge as to how flexible you'd like to be with a remedy. Mr. Cancel: Mr. Chair, in the meantime -- Chair Russell: Do you have that information? Mr. Cancel: I have the information regarding the individual. I have to look up for the letter. Chair Russell: Okay. City of Miami Page 78 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Cancel: That 's part of the complete process of getting that done. But I want to address one of the things that has been occurring here, and it's being like dismissed. Once again, the legal precedent. We are having a double standard. Chair Russell: You're clear. You've made that point. Mr. Cancel: No, no. And -- Chair Russell: And I don't think we need to go there. Mr. Cancel: -- I have here the minutes of the discussion that was held on that day for that resolution, and starting from Ms. Cepeda that expressed it requesting the City -- specifically, Commissioner Hardemon -- to include the neon factor, and how that was dismissed out of that decision. So we 're pushing again the issue about the neon; now we're talking about even a grant. From a business perspective and being a business operator and consultant, putting $100,000 on neon, don't you think, Commissioner Hardemon, that it will be wiser to put that money around the empty businesses that are around us so we can -- Commissioner Hardemon: No. Chair Russell: No. Irrelevant. Mr. Cancel: -- revitalize that area? Chair Russell: Irrelevant. Commissioner Hardemon: No. Thank you for asking me. Mr. Cancel: Yes. Commissioner Hardemon: Let me ask this question. Thank you for asking me that. My intent with offering you $100,000 to affix the neon was to ensure that that business -- well, I'm sorry -- that that building that has the illegal mural on it has a - - something affixed to it that is within the law to appease the residents that live there, to appease you as a businessowner. You're not in the business of selling murals; you're in the business of selling food And so, for that matter, that was an olive branch to you to say that that's how serious I am about making sure that we follow the law within here, but what you've told me is that you have no desire of having it. Yes, listen, $100,000 is -- I think it's to attract people to that space to take pictures, to make that an area where people will frequent, and they will walk around, and maybe other businesses will go. To me, it's a worthy investment. Commissioner Reyes: Yes. Commissioner Hardemon: But I know that you don 't think -- I know that this is not about the signage, the LED (light emitting diodes), or -- what is it called? Chair Russell: Neon. Commissioner Hardemon: -- the neon, because if it was, you would have accepted my offer, and you haven't. Mr. Cancel: I accepted your offer. Is that a real offer, or that was only to make a point? Commissioner Hardemon: You don't know me then, right? City of Miami Page 79 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Cancel: Is this a --? I'm asking the Commission. Are we being offered with $100,000 of a grant as part of this discussion; yes or no? Chair Russell: How much is the art --? Mr. Cancel: Or we 're making only points? Commissioner Diaz de la Portilla: Of course not. Of course not. Look -- Chair Russell: How much --? Mr. Cancel: Or we 're only making points? Chair Russell: No, no. Commissioner Diaz de la Portilla: The Commissioner -- Chair Russell: No, no. Commissioner Diaz de la Portilla: Mr. Chairman. Chair Russell: Go ahead. Commissioner Diaz de la Portilla: The Commissioner of the district left, and I think we should defer to him. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: And I think we should defer the item. Commissioner Reyes: But what -- I have a couple of questions. Chair Russell: He has asked -- Commissioner Diaz de la Portilla: And I move that we defer the item. Chair Russell: There 's a motion to defer. Is there a second? Commissioner Reyes: I second it. Chair Russell: There is a second. Commissioner Diaz de la Portilla: Second. Chair Russell: There is also outstanding items. Commissioner Reyes: Mr. Chair, I need to ask a question. Commissioner Diaz de la Portilla: It's been seconded, I think. Chair Russell: Yes. The second was Commissioner Reyes, correct? Commissioner Reyes: That's right. Chair Russell: And there is also outstanding items I believe that Commissioner Hardemon is waiting for. City of Miami Page 80 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Yeah. He 's waiting for a consent letter and a number of things, so bring the consent letter. Chair Russell: And you don 't those tonight? Mr. Cancel: I said that I have partial information. I have the information on the permit expert. I have to look up for the letter. I didn't bring that with me. Commissioner Diaz de la Portilla: Why wouldn't you bring to a hearing a consent letter you would have it in your computer, you would have it in your email, you would have it somewhere available to you now? Mr. Cancel: I have the information regarding the consultant, and I can -- Commissioner Diaz de la Portilla: The consent letter that you say you received from your landlord. Mr. Cancel: Right. That is part of the documents that we presented the City when it was asked for the whole process. Commissioner Diaz de la Portilla: I want to see that, too. Mr. Cancel: Perfect. Commissioner Diaz de la Portilla: So I 'm going to -- Mr. Cancel: We're going to search for it. Commissioner Diaz de la Portilla: -- there 's a motion to defer. Chair Russell: Yes, there is, and there's a second. Mr. Cancel: And it was second. Chair Russell: Commissioner Reyes. Commissioner Reyes: And -- but before we do all that about this, I want to ask a question, and I want a clear answer. Mr. Cancel: Yes, sir. Commissioner Reyes: Are you willing to change the flag for -- I mean, instead of having it painted, have a neon the way that it has been suggested, or that the neighbors will be, I mean, happy with it? Are you willing to do it? Mr. Cancel: Yes, with the grant that Commissioner Hardemon just offered. If the City's going to pay for that, we will be happy to collaborate to put the neon on. Commissioner Reyes: Only if the City pays for it. Another question that I have. Mr. Cancel: Of course. Commissioner Reyes: You painted the mural before or after you completed your renovation? Mr. Cancel: If I paint the mural -- I 'm sorry? City of Miami Page 81 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Yes. When the mural was painted, before, during, or after you were doing the renovation in the --? Mr. Cancel: It was after the renovations of the restaurant. It was on December 27, and we opened the doors to the public on January 1, 2019. Commissioner Diaz de la Portilla: I want to move (UNINTELLIGIBLE). Chair Russell: I'd like to ask the mover what date he would like the deferral to. Commissioner Diaz de la Portilla: I'll continue it to the next Commission meeting. Commissioner Reyes: Okay. Chair Russell: "Continue" is the next like meeting, which would be January -- the second meeting in January; am I correct? Because this is a Planning and Zoning meeting. So would -- is that your preference -- Commissioner Diaz de la Portilla: Yes, correct. Chair Russell: -- to the first meeting in January? Mr. Napoli: It has to go to the second, because the -- Commissioner Diaz de la Portilla: It has to go to the second. It has to be a PZ meeting, right? Chair Russell: Did we not approve the -- Commissioner Diaz de la Portilla: Did we approve the other item? Chair Russell: -- ordinance? Mr. Hannon: It doesn't -- this ordinance shall become effective 30 days after final reading and adoption thereof. Chair Russell: All right. Second meeting in -- so it's a continuance to the next like meeting, which is the second meeting in January. Commissioner Diaz de la Portilla: Second meeting. Chair Russell: There's a motion -- Alisa Cepeda: Mr. Chairman? Chair Russell: -- and a second to defer. I'm sorry; you are? Please address -- please. Alisa Cepeda: I'm Alisa Cepeda. I spoke in the public comment, and I asked respectfully if I could save my one minute that I didn't use, and I'm hoping that you'll let me say something. Chair Russell: Are you -- what is your interest in this? Are you -- Ms. Cepeda: I am the President of the MiMo Biscayne Association that's been referenced too many times to count. City of Miami Page 82 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: Mr. Chairman, she did use only -- when you were gone, she used one minute of her time -- and one and -- Ms. Cepeda: I spoke very quickly. Commissioner Diaz de la Portilla: No. You used one minute and three seconds; I counted. I was -- I have it here and -- but you have 57 seconds. Ms. Cepeda: Thank you. Commissioner Diaz de la Portilla: I was -- Chair Russell: Of course. Ms. Cepeda: These gentlemen knew before they painted the mural. They spoke to their business neighbor, Graybar Realty. They were told, "No," with their landlord. The previous Zoning Administrator told them "No." We have that in an email. They are using you as tools. This has gotten a lot of mileage. Can we give Commissioner Hardemon a chance to come back? Can we take the vote tonight? Chair Russell: He's doing exactly what he would like to do. And if he does not want to be on this dais, he has made his point, but your point is well taken. I'm just surprised we haven't heard this from our Administration, if that's the case, that they had prior knowledge. Ms. Cepeda: Our neon -- Chair Russell: Because you 're speaking on behalf of our Zoning Administrator. Ms. Cepeda: I am speaking on behalf of information I have about the previous Zoning Administrator in something -- Chair Russell: All right. We 're going to ask for those -- Ms. Cededa: -- that was sent to our organization. Chair Russell: As this comes back, we 're going to ask for our Administration to scour those records so we have all the information we need to make a sound decision, because clearly, we don 't tonight. Ms. Cepeda: Our neon suggestion was that; it was only a suggestion. They can paint the building white. They can paint it pastel pink. Ours was trying to offer an olive branch. We 've met -- Chair Russell: As are we. Ms. Cepeda: -- with them four times. Chair Russell: Thank you very much. Ms. Cepeda: So whatever they want to do, our thing was a suggestion. It doesn 't have to be neon. They can paint it the palette colors. They can paint it white. It wasn't for us to force something on them. Chair Russell: Understood. Ms. Cepeda: It was simply a suggestion. City of Miami Page 83 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.1 6992 City Commission Chair Russell: Thank you very much --- Ms. Cepeda: Thank you. Chair Russell: -- for your comments. And clearly, it seems to be that the will of this body was to offer you a certificate of approval to -- for the neon version. This has not been granted. We have a request for a deferral. We have a second. Is there any further discussion? Commissioner Diaz de la Portilla: No. Commissioner Hardemon: Call the question. Chair Russell: All in favor of the continuance, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Hannon: And that'll be to January 23, 2020. Chair Russell: Correct. Thank you very much. Commissioner Diaz de la Portilla: We 're adjourned. Chair Russell: We're not adjourned, please. We're not adjourned. END OF PLANNING AND ZONING ITEM(S) NA - NON -AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING AN INVITATION SENT TO CITY OF MIAMI EXECUTIVE STAFF FOR A HOLIDAY PARTY SCHEDULED TO TAKE PLACE AT JOSE MARTI PARK ON DECEMBER 13, 2019. RESULT: DISCUSSED Chair Russell: We're not adjourned, please. We're not adjourned. Commissioner Carollo: I need to read something in the record, before you all go. Chair Russell: As does the City Attorney, so what have you got? Commissioner Carollo: Okay. This is an invitation to an executive staff holiday party in my district, in Jose Marti Park, that apparently was sent today, around 3:25, when we were holding a meeting. There were -- at least an email was. It says, `Merry, everything happy, always. We 're spreading holiday cheer with an executive staff holiday party, December 13, 2019, 9:30 a.m.; Jose Marti Park, 351 City of Miami Page 84 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Southwest 4th Street;; a day filled with good food, friends, and fun." Then at 3:25, this email was sent: "Good afternoon, everyone." This was from Ofelia Perez, on behalf of Emilio Gonzalez. "Just a friendly reminder that the City Manager will be hosting a Christmas team -building gathering this Friday, December 13, 2019, at 9:30 a.m., which will be filled with many activities. The activities will provide an opportunity for each of you to challenge each other, communicate and develop trust among your peers. Rest comfortably, but don 't forget to wear your ugliest sweater or shirt to win a wonderful prize. Additionally, please bring a wrapped, unisex gift, limit $10. Please be creative with your gift. The below is a list of items that your department will need to bring the day of 1, a pair of scissors; 2, a roll of tape; 3, a Sharpie, preferably black; and 4, any newspaper. P.S. We understand you have a Commission meeting Thursday and will be tired. If you wish to enjoy some live refreshments, please arrive between the hours of 9:30 a.m. to 10 a.m. If not, please arrive no later than 10 a.m., as the activities will begin promptly." I don't think any of us were invited or informed of this; certainly not the Commission of the district. Joseph Napoli (Deputy City Manager): Mr. Chairman, can I -- Commissioner Carollo: I find it extremely unusual that these activities go on, especially after all that I've heard today, but for whatever it's worth, I just wanted to put that into the record. Chair Russell: You wanted to be recognized? Mr. Napoli: Mr. Chairman, could I clarify? That is a holiday party for the staff our directors, tomorrow. It is not a public event. It's just a holiday party that we're having at Jose Marti Park tomorrow. Commissioner Carollo: And the elected officials of this City, in the way your Administration looks at things, shouldn't be part of that, at all, to be able to say "Hello" and `Merry Christmas" to its directors and senior staff? Nothing else to say. Just wanted to put it in the record. Mr. Napoli: Commissioner, that -- we are planning on having a party for the staff on the 20th, if we can, and that would be for the City staff and the Commissioners. This is just for the executive staff to have a holiday party. Commissioner Carollo: All right. When was this sent out originally? Mr. Napoli: I don't know when the original "save the date" came out. Commissioner Carollo: Okay. I'm just wondering if maybe it wasn't sent out before 3:25 p.m. today. Mr. Napoli: No. It was sent out well before. Commissioner Carollo: I have no idea; that's why I'm just saying. But certainly find it unusual, but if you have to circle the wagons, feel free to. Mr. Napoli: Commissioner, this was just a holiday party for the staff. Chair Russell: Thank you very much. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Mr. City Attorney, you have something to read into the record? City of Miami Page 85 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.2 6993 Office of the City Attorney Commissioner Carollo: -- holiday party at 9:30 in the morning, okay. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 9, 2020 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 CASE OF WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, CASE NO. 19-CV-21670- RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 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 COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND SENIOR APPELLATE COUNSEL KERRI L. MCNULTY. 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 CITY OF MIAMI COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED John Greco (Deputy City Attorney): Yes, Mr. Chair. Thank you. Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011(8) of the Florida Statutes, I'm requesting that at the City Commission meeting on January 9, 2020, an attorney -client session, closed to the public, be held for the purposes of discussing the pending litigation in the matter of West Flagler Associates, Limited, versus City of Miami, Case Number 19-CV-21670 RNS, pending in the United States District Court for the Southern District of Florida. The subject of the meeting will be confined to settlement negotiations or strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10 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 Commissioners Alex Diaz de la Portilla, Ken Russell, Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager, Emilio Gonzalez; myself, the City Attorney; Barnaby L. Min, Deputy City City of Miami Page 86 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 ADJOURNMENT Attorney; Division Chief for General Litigation, Chris Green; and Senior Appellate Counsel, Keri L. McNulty. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you. Chair Russell: Thank you very much. Thank you all for your service, your patience, your advocacy. We are adjourned. Have a good night, everyone. Thank you, and Merry Christmas and Happy Holidays. The meeting adjourned at 11: 23 p.m. City of Miami Page 87 Printed on 3/23/2020