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HomeMy WebLinkAboutCC 2021-04-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 00* * INCORPRRATEO 1808 /\ Its 4.7 Meeting Minutes Thursday, April 22, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 22, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson On the 22nd day of April 2021, 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 Vice Chair Russell at 9:36 a.m. recessed at 12:08 p.m., reconvened at 3:17 p.m., recessed at 3:19 p.m., reconvened at 4:43 pan., and adjourned at 9:32 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:37 a.m., Commissioner Watson entered the Commission chambers at 9:37 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:38 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning, Miami, welcome to the April 22nd, 2021, meeting of the City of Miami City Commission in these historic chambers. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the planning or zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, your chair. Also appearing are City Manager, Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a prayer by Commissioner Carollo, along with The Pledge of Allegiance, led by Commissioner Reyes. Please stand. Invocation and Pledge of Allegiance delivered. Vice Chair Russell: Thank you. You may be seated. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page 1 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 8963 Honoree Presenter Protocol Item Commander Fabria Ellington Mayor Suarez Certificate of Merit Commander Weslyne Lewis Francois Mayor Suarez Certificate of Merit Commander Max Gabriel Mayor Suarez Certificate of Merit Commander Daniel Garrido Mayor Suarez Certificate of Merit Commander Nerly Papier Mayor Suarez Certificate of Merit Tommaso Calautti Commissioner Carollo Certificate of Merit Ricardo Rodriguez Commissioner Carollo Certificate of Merit rRESULT: PRESENTED 1) Mayor Suarez presented a Certificate of Merit to Commander Fabria Ellington in recognition of her excellent service as the current Commander for the City of Miami Police Department's Brickell NET service area. Commander Ellington is a twenty- eight (28) year veteran with the Miami Police Department who began her career as a Public Service Aide and shortly after became a Police Officer. Throughout her career, Commander Ellington has risen through the ranks and worked in all divisions of the department. Elected Officials paused in their deliberations to honor Commander Ellington for her service to the community and contribution to the City of Miami. 2) Mayor Suarez presented a Certificate of Merit to Commander Weslyne Lewis Francois in recognition of her excellent service as the current Commander for the City of Miami Police Department's Coconut Grove NET service area. Commander Lewis was promoted to the rank of Police Commander and assigned to the Coconut Grove NET Area in February of 2020. Additionally, she commands over the City of Miami Ceremonial Honor Guard Detail. Elected Officials paused in their deliberations to honor Commander Lewis for her service to the community and contribution to the City of Miami. 3) Mayor Suarez presented a Certificate of Merit to Commander Max Gabriel in recognition of his excellent service as the current Commander for the City of Miami Police Department's Little Haiti NET service area. Max Gabriel was born and raised in Port -Au -Prince, Haiti and he joined the Miami Police Department in March 2004. In 2012, he was promoted to the rank of Police Sergeant where he held several special assignments. Commander Gabriel made an instant impact in the Little Haiti Net that led to a reduction in Part 1 Crimes and Homicides by 34 percent City of Miami Page 2 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 and 36 percent respectively after his first year. Elected Officials paused in their deliberations to honor Commander Gabriel for his service to the community and contribution to the City of Miami. 4) Mayor Suarez presented a Certificate of Merit to Commander Daniel Garrido in recognition of his excellent service as the current Commander for the City of Miami Police Department's Coral Way NET service area. Commander Garrido has been an accomplished law enforcement officer for almost twenty-three (23) years. As a native to Miami -Dade County, he believed at an early age there always had to be someone to protect those who had no one to protect them. During his tenure in the Miami Police Department, Commander Garrido has worked in several assignments to include Problem Solving Team, Robbery, Gangs, Felony Apprehension Team, and was assigned to the F.B.I. 's Violent Crimes and Fugitive Taskforce to name a few. Elected Officials paused in their deliberations to honor Commander Garrido for his service to the community and contribution to the City of Miami. 5) Mayor Suarez presented a Certificate of Merit to Commander Nerly Papier in recognition of her excellent service in the City of Miami's Police Department where she began her career in 1999 as a civilian secretary in the Internal Affairs Division and became a Police Officer in 2004. Commander Papier went on to work in different sections of the department and continued to advance her career by taking promotional exams and pursuing higher education. Throughout her career, Commander Papier has been committed to serving the Miami community with accountability, professionalism, and integrity. Elected Officials paused in their deliberations to honor Commander Papier for her service to the community and contribution to the City of Miami. 6) Commissioner Carollo presented a Certificate of Merit to Tommaso Calautti, Senior Construction Coordinator, in recognition of his dedication and vision for the restoration of the Eternal Torch Honoring the Fallen of the Brigade 2506 during the Bay of Pigs Invasion and the Nestor (Tony) Izquierdo, Veteran of the Brigade 2506 monuments as well as the improvements to the general area for the remembrance ceremony of the 60th Anniversary of the Bay of Pigs Invasion. Through his work, Mr. Calautti, has ensured that the sacrifices made by these heroes in the name of freedom and democracy will be remembered in our great City for generations to cone. 7) Commissioner Carollo presented a Certificate of Merit to Ricardo Rodriguez, Construction Coordinator, in recognition of his dedication and vision for the restoration of the Eternal Torch Honoring the Fallen of the Brigade 2506 during the Bay of Pigs Invasion and the Nestor (Tony) Izquierdo, Veteran of the Brigade 2506 monuments as well as the improvements to the general area for the remembrance ceremony of the 60th Anniversary of the Bay of Pigs Invasion. Through his work, Mr. Rodriguez has ensured that the sacrifices made by these heroes in the name of freedom and democracy will be remembered in our great City for generations to come. Vice Chair Russell: We have some protocol items that I'd like to take care of at this point for many, of our police force who are here and would like to get on with the business of their day. Presentations made. Vice Chair Russell: Thank you, everyone. City of Miami Page 3 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 ORDER OF THE DAY Vice Chair Russell: Good morning, Commissioner Watson. Good morning, Commissioner Diaz de la Portilla. Madam City Attorney, please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the Code must register with the City Clerk and comply with related City Commission requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff until registering a copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commissioners concerning real property must make the disclosures required by the City code in writing. A copy of the code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold an objection to a requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda items will be entered into the record at the City Commissions discretion. In accordance with Section 2-33(1) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day and www.miamigov.com. Any person may be heard by the City Commission through the Chair and upon registering pursuant to the published notice for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 9: 00 a.m. or soon thereafter and remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may do so by submitting their written comments via online comment form. Please visit www.iniamigov.corn/meetinginstructions for detailed instructions on how to provide public comment using the online comment form. The comments submitted through the comment form have been distributed to the elected officials and City administrations throughout the day so the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the chair closes public comment. All comments submitted will be included as part of the public record for this meeting and will be considered by the City Commission prior to taking any action. Public comment may also be provided live at City Hall, 3500 Pan American Drive, subject to any COVID-19 rules, regulations, and procedures. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by state, county, and local emergency orders and are urged to practice social distancing. 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. 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. Any person with a disability requiring assistance, auxiliary aids and services for this meeting, may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition or neutrality on the items and topics being discussed at the City Commission meeting and compliance with section 286.0114(4)(C). The public has been given the opportunity to provide public comment during the meeting and within reasonably -- reasonable proximity in time before the meeting. Please note, commissioners have been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission City of Miami Page 4 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. For PZ (Planning and Zoning). PZ items shall proceed according to section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to these orders, parties for any PZ items, including any applicant, appellant, appellee, City staff, or any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and experts testifying on behalf of the applicant, appellee, or appellant may, either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code providing the appellant shall present first. For appeals, the appellant will present its appeal to City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. Please silence all cell phones and other noise making devices. This meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. Good morning, Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. Procedures for individuals, who providing testimony, to be sworn for planning zoning items and any quasi-judicial items on today's City Commission Agenda will be as follows: The members of City staff or any other individuals required to be sworn in, who are currently present in City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete. sign, and notarize the affidavit provided to you by the CityAttorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com, prior to providing testimony on the planning and zoning item and/or quasi-judicial item. The affiant shall be included in the record for the relevant item for which will be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Vice Chair Russell: Yes. Mr. Hannon: Chair may I move forward with administering the oath? Vice Chair Russell: Yes, please. City of Miami Page 5 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's planning and zoning items, if you'll be speaking on any of today's planning and zoning items, may 1 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 items. (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you. [Later...] Vice Chair Russell: Once we are re -situated, we'll move to the order of the day. We'll start with the management offering which items they'd like to see continued, deferred or withdrawn, and we'll move to the commissioners to see which items they'd like to address as well. Let me just wait until we've got all of our commissioners that can take notes on the order. Good morning, Mr. Manager. Arthur Noriega (City Manager): Ready? Vice Chair Russell: Yes. What would you like to see withdrawn, deferred or continued from this agenda? Mr. Noriega: Good morning, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and or withdraw the following items: CA.3, to be deferred to the May 27th meeting. RE.1, to be withdrawn. PH9, to be deferred to the May 27th meeting. PZ.1, to be deferred to the May 27th meeting. Commissioner Reyes: Please repeat the -- Vice Chair Russell: Mr. Manager, just slow down just a little bit, please. So, just to reiterate, you have a deferral of CA.3 -- Mr. Noriega: Correct. Vice Chair Russell: -- to 5/27. In order you have a deferral of PH.9. Mr. Noriega: To May 27th. Vice Chair Russell.: 5/27. RE.1, you would like to withdraw, correct? Commissioner Reyes: Yes. Mr. Noriega: Correct. PZ.1 -- Commissioner Reyes: PZ.1 ? Mr. Noriega: -- to be deferred to May 27th. PZ.2, to be deferred to May 27th. PZ.3, to be indefinitely deferred. PZ.4, to be indefinitely deferred. PZ.5, to be continued. PZ.6, to be continued. And PZ.8, to be deferred to May 27th. Vice Chair Russell: Not -- Nothing on PZ.7, correct? PZ.8? City of Miami Page 6 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Noriega: PZ.8, Correct, sir. Vice Chair Russell: To be deferred? Mr. Noriega: Until May 27th. Vice Chair Russell: 5/27. Commissioner Carollo: Okay, let's start from the top again, if we can, Mr. Manager. Mr. Noriega: CA.3. Commissioner Carollo: Okay, CA.3. Mr. Noriega: To be deferred to May 27th. Commissioner Carollo: Okay. Mr. Noriega: PH.9. Commissioner Carollo: PH.9. Mr. Noriega: To be deferred to May 27th. RE.] to be withdrawn. PZ.1 and PZ.2 to be deferred to the May 27th meeting. PZs 3 and 4 to be indefinitely deferred. PZ.5 and PZ.6 to be continued, and PZ.8 to be deferred to May 27th. Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: Thank you, and to clarify, Mr. Clerk, continuing PZ.5 and PZ.6, well put it on the 5/27 agenda as well, correct? Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Russell: Thank you very much. I appreciate that. I see a lot of residents here on that issue and we'd like to know that we listened to the residents and there will be more engagement with the commissioner's office as well as the applicants and the surrounding neighbors. So, thank you -all for coming today. But we will be continuing the Charles Avenue rezoning to May 27th if this vote passes. Is that all, Mr. Manager? Mr. Noriega: Yes, Mr. Vice Chair. Vice Chair Russell: Thank you. Commissioners, what would you like to see shuffled on this agenda? Any items, commissioners, to be deferred or withdrawn? I have one item. Is there anything else either of you would like to see deferred or withdrawn? So, PZ.12, is the appeal of the medical marijuana application item. I received a correspondence this morning that there is a new lawsuit pending on this issue that's been filed in state court against us. So, I believe we should probably defer this item indefinitely to see where that goes. Madam City Attorney, do you agree? Victoria Mendez (City Attorney): Yes. That would be great. Vice Chair Russell: So, we'll add that as an indefinite deferral. Commissioner Reyes: (INAUDIBLE). City of Miami Page 7 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: I'm sorry. 1 need your microphone, please. Not yet. We're going to do all of them at once. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: Which one is it? Vice Chair Russell: This is the PZ.12, we're going to indefinitely defer. Commissioner Diaz de la Portilla: The lawsuit, Mr. Chair? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: The lawsuit was filed this morning? Vice Chair Russell: It was filed last night. Commissioner Diaz de la Portilla: Last night. Okay. Commissioner Carollo: Who filed the lawsuit? Commissioner Diaz de la Portilla: Who filed the lawsuit? Ms. Mendez: The firm of Maury (phonetic), I think. Commissioner Diaz de la Portilla: Not the firm, the principal. The plaintiff. Ms. Mendez: Oh, I'm sorry. Yeah. The principal in the -- in PZ.12, is the one that fled the lawsuit. Vice Chair Russell: I don't -- Commissioner Diaz de la Portilla: What's the basis of the lawsuit? Vice Chair Russell: Is there somebody here who would like to speak on the issue? Commissioner Diaz de la Portilla: If I may -- well, before I -- Vice Chair Russell: Okay, just a minute. Commissioner Diaz de la Portilla: -- please, let me -- Vice Chair Russell: So, my understanding from my reading of the lawsuit is it's a preemption issue of whether or not we can even issue a CU, certificate of use, regarding medical marijuana establishments. Commissioner Diaz de la Portilla: Okay. Can you explain that -- if I may, can you explain that further, Madam Attorney? Ms. Mendez: Their argument, it seems, from the lawsuit, is that we are supposed to issue the CU, period. Commissioner Diaz de la Portilla: That's a matter of law? Ms. Mendez: Right. That's what they're claiming. Commissioner Diaz de la Portilla: State law? City of Miami Page 8 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Okay, thank you. Vice Chair Russell: Would you like to be recognized? Richard Beauchamp: I would. Vice Chair Russell: Who do you represent? Mr. Beauchamp: I represent the applicant. Vice Chair Russell: Please use your microphone. Mr. Beauchamp: MRC44, LLC. Vice Chair Russell: Okay, and did you file this lawsuit on behalf of the applicant? Mr. Beauchamp: Yes, sir. Vice Chair Russell: Which firm are you with? Mr. Beauchamp: Panza Maurer. Vice Chair Russell: I'm sorry, 1 couldn't hear you. Mr. Beauchamp: Tom Panza. Panza Maurer. Vice Chair Russell: Thank you very much. Mr. Beauchamp: So, what I would like to be heard with respect to is the pending issue of the objection to the City Attorney remaining involved in these particular proceedings on the basis of a conflict of interest. Vice Chair Russell: Is that part of your lawsuit as well? Mr. Beauchamp: It will be part of the lawsuit as well. We'll be filing a motion to disqualify -- Vice Chair Russell: Understood. Mr. Beauchamp: -- on the basis of -- of what we perceived to be conflict of interest. Vice Chair Russell: You see a conflict of interest for the City Attorney to be to participate in the lawsuit, meaning representing the City? Mr. Beauchamp: That's correct. Okay. Vice Chair Russell: That's -- that's noted. Mr. Beauchamp: I also would like to make part of the record, a copy of the lawsuit if that -- If I may do that? Vice Chair Russell: Well, we don't need to litigate it here. Mr. Beauchamp: I understand. City of Miami Page 9 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: There's something you need to enter into the record for the item? Mr. Beauchamp: Just so that -- that the lawsuit itself is part of -- Vice Chair Russell: Yes, I think that's -- Mr. Beauchamp: -- the copy right -- Vice Chair Russell: Yes, I think that's -- that's very valid. Mr. Beauchamp: That's all I need to do right now. Vice Chair Russell: We'll enter a copy of the filing into the record. That is the reason we're deferring it, primarily. Is there anything else? Mr. Beauchamp: No, sir. Vice Chair Russell: Thank you very much. Mr. Hannon: And my apologies, I didn't get the speaker's name. Vice Chair Russell: Your name again? Mr. Beauchamp: My name is Richard Beauchamp. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you, sir and with -- with that in mind, I'd like to -- well, we won't take it up at this moment, but RE.9 is related to that. And I -- I think that's something we'll take up pretty early on just to dispense with that item altogether. RE.9 is giving the City Attorney direction to seek an interpretation of state versus federal law regarding that. So hopefully, we'll get an interpretation on that in the coming months. We'll here how this suit goes, and this will be back before us in the not too distant future. Commissioner Diaz de la Portilla: Well, well, hold on. Vice Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: We have to authorize the City Attorney to seek an interpretation of the declaratory judgment; is that correct? Ms. Mendez: Right. RE.9 -- Commissioner Diaz de la Portilla: You can't defer the item and then you automatically go on and do it, right? Ms. Mendez: Right. RE.9 -- Vice Chair Russell: We have a separate item. Commissioner Diaz de la Portilla: We have a separate item, so we're not going to defer that item? Vice Chair Russell: No, that item I think we should take up early this morning. City of Miami Page 10 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Diaz de la Portilla: Okay. Okay, good. Thank you. Vice Chair Russell: Are there any other items to be continued, withdrawn, deferred? I think I've got all of them. Any further discussion? You have -- you would like to address regarding the deferral? Paul Savage: Yes, sir. Yes. My name is Paul Savage with Law Offices at 2555 Ponce De Leon Boulevard, Coral Gables, Florida. I'm here representing MacArthur Industries -- I'm sorry, MacArthur Properties, rather. This is on PZ items 10 and 11, which is the Design District SAP (Special Area Plan) amendment. Vice Chair Russell: Yes. Mr. Savage: We are an intervener in that matter as recognized by the City and the PZAB (Planning, Zoning and Appeals Board). Were right across the street. And I wanted to put on the record today that we believe that this item should be continued for several reasons of improper notice and the record itself the staff had some technical difficulties loading up all the PZAB items, including things from the applicant and, you know, proponent, opponents, et cetera. And the City intends to drop on the floor today a new development agreement and a new regulating plan with additional amendments. And we don't believe that the public has been adequately notified. And your package, in fact, doesn't even include all the latest documents. Vice Chair Russell: Thank you, Mr. Savage. Mr. Savage: Yes, sir. Vice Chair Russell: So, the item has not been put in this list for deferral from the management or the commissioners. But when the item comes up, your points can be addressed, the intervener status can be addressed, and whether or not it should be deferred can also be addressed at that time, once again. Mr. Savage: I thank you, Mr. Chairman. Vice Chair Russell: Thank you. Is there anyone else who'd like to speak on any of the deferrals, whether or not something should be deferred, continued, or withdrawn. Good morning, Mr. Armbrister. William Armbrister: Yes. Praise the Lord Jesus who is the Christ. And I want to -- PZ.5 and PZ.6, though it be deferred, I'd like for you to take into consideration what black people have gone through for generations, though you may not be aware. A bit of history. Overtown, for example, Overtown, I-95 was supposed to have gone on the railway, but they moved it west to go through the black neighborhood. We lost most of that neighborhood with 1-95. Coconut Grove, we -- there is a historical street that has one insult that was agreed to by the planning and zoning, the only non -historical looking house on that street you're aware of, and so with this development that is being proposed, is another zoning change issue that is dismounting Coconut Grove as a whole. Now, if that is -- if that is deemed a historical street, any development on that street should mirror that which is historical, and what is being proposed as far from historical, as you know. And -- and the bad -- the worst part about it is that the properties abutting the development are single-family home properties that do not have homeowners living in them, they are rental properties. Vice Chair Russell: Thank you. Mr. Armbrister, I -- I always appreciate your words, but I'd just like to clarify the -- City of Miami Page 11 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Armbrister: Right. Vice Chair Russell: -- the public comment at this moment is only on whether or not the item should be deferred or heard today, not the substance of the actual item. Mr. Armbrister: Okay. Okay. Vice Chair Russell: So you -- when it does come back before us, you'll have absolute time to discuss the issues of whether or not it should be occur. Mr. Armbrister: Okay. So, -- so I will say about this deferral, I should say -- I will say and truth, it should not even be considered. And I want you to think on that between now and the time that it is reintroduced. And if you permit the -- the dismantling of this community anymore, 1 will pray in all earnestly that the Lord has mercy on your souls. Vice Chair Russell: Thank you -- Mr. Armbrister: Amen. Vice Chair Russell: Thank you, Mr. Armbrister. Are there any other comments with regards -- from the public, with regard to items that would be withdrawn, deferred or continued, not on the substance of the matter, but on the timeliness of whether we hear it today or not? Good morning, Mr. Gray. You're recognized. Ijamyn Gray: Great rising Kings, how you guys doing today, and Queens? My name is Ijamyn Gray. I'm the CEO of Encouraging Dreamers Breaking Barriers. I was here to speak on PH.9, I just heard that the -- the item was deferred, and I would like to know why is the item being deferred? Vice Chair Russell: You did not know that it would be deferred today? Mr. Gray: No, sir. Vice Chair Russell: Mr. Manager, PH.9, was a request from the administration for deferral? Mr. Noriega: Yeah, that request came directly from the Mayor's Office. Vice Chair Russell: Mayor's Office has requested deferral we don't have an exact reason for you. Mr. Gray: Okay. Okay. Okay. Thank you and you -all have a blessed day. Vice Chair Russell: Thank you. It's deferred to May 27th, though, so it will come hack. Mr. Gray: Alright. Thank you, sir. Vice Chair Russell: Thank you. Any other public comment? Good morning. You're welcome. Courtney Berrien: Good morning. Vice Chair Russell: Just a reminder, we won't be getting into the substance of the application, simply the timeliness of whether or not to hear it. City of Miami Page 12 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Berrien: 1 think that's what I'm about to do, but please correct me if I've made the wrong judgment. Okay. Can we show the -- the PowerPoint? Yes. My name is Courtney Berrien, I live at 3325 Charles Avenue, and 1 think the tech folks are going to help me. There we go, okay. So, I'm here to speak in favor of this item being continued, and why that's an important decision. I'm here to speak on behalf of the residents who live within 500 feet of the proposed rezoning. We have unique concerns based on our proximity to the development, and I believe those will be addressed in the substance of our argument later. So, this map was submitted by the developer, this is in today's agenda packet. The properties outlined in red are the properties that are proposed jbr rezoning, the properties in white are within 500 feet. Focusing specifically on Thomas, William, and Charles Avenues, the residential areas that are within 500 feet of the proposed development. We as -- as a group of residents living in this area have not been engaged with the developer and that's why we prefer that this item is deferred. We received three notices from the City over a course of about 18 months, first from the Planning Zoning and Development Board and then later for the Commission meeting that was several weeks ago and then today. Other than that, we have not been engaged with the developer in any way, and again we as the people that live within 500 feet have very unique concerns about this rezoning. I want to note that when I attended the Planning and Zoning meeting that was a little over a year ago, the developer's attorneys submitted, also included in today's agenda, a petition showing that they had widespread community support from this issue, implying that the community had indeed been engaged in discussions, noting that they had 72 signatures, which included duplicates. Those signatures were conducted or collected before the pandemic, presumably over a long period of time. Only two of those signatures are from Charles Avenue, they're on the other side of Douglas, that's about four blocks away. Vice Chair Russell: Quick question for you really quickly because -- Ms. Berrien: Yes. Vice Chair Russell: -- Charles Avenue does not continue to the west side of Douglas Avenue, there's a Charles Terrace. Ms. Berrien: There's -- there's one tiny little part of it, according to Google Maps when I was looking last night -- Vice Chair Russell: That it's still called Charles Avenue? Ms. Berrien: -- that is still Charles Avenue. Vice Chair Russell: My mistake. Ms. Berrien: Correct. Vice Chair Russell: Thank you. Ms. Berrien: No, but you -- you're right they did have a couple of signatures from Charles Terrace, also on the other side of Douglas. On -- on the William Avenue signatures, one of those signatures represented a renter, a tenant of -- of the developer's family, renting from the developer. And four signatures from Thomas, also the majority of them on the other side of Douglas. What we will be submitting today is a petition with more than 30 signatures, all of those f •om within the 500 feet. In addition to that we have an online petition for folks that are a little further, also living in the Grove though, with more than 36 signatures so it's roughly the same number of signatures. We had a community meeting Monday night with 18 people in attendance, and we were able to do all of this during the pandemic in about six days, City of Miami Page 13 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 so I would argue that what we've been able to do on behalf of the residents within 500 feet clearly demonstrates that there is not widespread community engagement, even though that's what the developer claims. And that's why we really support this item being delayed today. So, we really thank the City Commission for that, we're hoping that we can work with the developer. We have very real concerns in opposition to this development that are unique to us, and we hope those will be addressed over the -- the coming weeks. Vice Chair Russell: Thank you. Ms. Berrien: Thank you. Vice Chair Russell: And thank you for your e-mails. I --1 have received a lot of advocacy from nearby neighbors to the applicant and despite a lot of work they've done within the community and reaching out to homeowners groups and civic groups, it seems there is some more work to do with local neighbors very close to the item. Mr. Manager, I would love to work with your planning director on revisions to our notification process. I really believe we should have large signs on any property that's being rezoned or contemplated for rezoning rather than taped paper to trees. I think we should have no excuse that someone nearby to an application doesn't know what's going on in their neighborhood. Not everybody attends the HOA meetings, but 1 think an ordinance amendment to really make our notification process a little more robust would be in order. Mr. Noriega: Duly noted. Vice Chair Russell: Thank you very much. Ms. Berrien: Thank you. Vice Chair Russell: Thank you. Good morning, Mr. Winker. David Winker: Good morning. Good morning, Commissioners. David Winker, 2222 southwest 17th Street. I represent residents on Charles and Williams that live within 500 feet of the proposed project to build a 66-unit hotel, restaurant, and bar complex on Charles Avenue. We appreciate -- we would appreciate the postponement of Items PZ.5 and 6 on the second reading that would change the zoning of four residents on Charles Avenue and two residents on Williams Avenue to commercial zoning. The delay was requested so that residents living on Charles and Williams Avenue that will bear the brunt of this zoning change can participate in negotiations with City officials, the developers, and the Stirrup family to ensure appropriate traffic, environmental and other mitigation. If carefully implemented the resulting rising economic tide can lift all boats in the West Grove, existing residents, renters, and property owners alike. In the end, the right thing for the West Grove and all of Miami's neighborhoods is ensuring that residents have a meaningful voice and role in preserving and shaping our neighborhoods. We are hopeful about the importance and power of our neighborhoods, but we need the help of you, our elected officials, to allow increased resident involvement in zoning decisions. Thank you. Vice Chair Russell: Thank you for your comments. Commissioner? Commissioner Diaz de la Portilla: Mr. Winker -- Mr. Winker. Vice Chair Russell: Please, hold your applause. Commissioner Diaz de la Portilla: Who do you represent at this hearing? City of Miami Page 14 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Winker: 1 can give you names if you like. Commissioner Diaz de la Portilla: Mr. Winker, I'm over here. Mr. Winker: I'm sorry I thought -- I'm sorry. Hey, Commissioner. Commissioner Diaz de la Portilla: Who do -- who do you represent-- who do you represent? Mr. Winker: 1 represent a number of neighbors that live within 500 feet. Commissioner Diaz de la Portilla: What number, and who are they? Mr. Winker: 1'll give you a list if you'd like. Commissioner Diaz de la Portilla: Okay. Do you represent the -- do you represent the -- Mr. Winker: I'm not sure it's appropriate for you to be asking me this. Commissioner Diaz de la Portilla: Well, I don't know why, or you represent people, I know you -- I wanted to just make sure you do. Is it pro bono is it -- are -- are you being paid? Mr. Winker: Pro bono. Commissioner Diaz de la Portilla: Okay. Thank you, sir. Mr. Winker: I'm registered to lobby. Commissioner Diaz de la Portilla: That's all. Mr. Winker: And I would point it -- Commissioner Diaz de la Portilla: Thank you, sir. Mr. Winker: -- this hostility -- Commissioner Diaz de la Portilla: Not hostility. Thank you. Mr. Winker: -- from the dais, you know, we're not asking to intervene, I think it's inappropriate -- Commissioner Diaz de la Portilla: It's not hostility. Mr. Winker: -- to ask questions. Commissioner Diaz de la Portilla: It's a dais number 1, and number 2, it's not hostility it's just a question. Mr. Winker: You know, listen, you know, we're here today -- Commissioner Diaz de la Portilla: I'm not -- I'm not here to debate you -- I'm not here to debate you. Thank you. Mr. Winker: No, listen I -- I -- City of Miami Page 15 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Thank you, Mr. Winker. Mr. Winker: You guys signed an oath of civility and this hostility, there's no reason to ask those questions. Vice Chair Russell: Mr. Winker, thank you very much. They -- they -- it is fair to ask who someone is representing if they are speaking before this body. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: And I expect that list to be given to the Commission, Mr. Chairman. That list that he says he represents -- Vice Chair Russell: I'm sorry, I cannot hear you. Commissioner Diaz de la Portilla: -- I expect that list to be given to the Commissioners and to the Commission of who he represents. I'm not too sure he represents anybody, so I want to make sure. Vice Chair Russell: Got it. Mr. Clerk, Mr. Winker expressed that he is registered to lobby on this issue, so I believe it would be in our records who he's registered for. Thank you. Good morning. Jonah Wolfson: Good morning and I'll make it easier. I'm here on behalf of Manny Prieguez. My name is Jonah Wolfson, and we're asking that item PH.6 be deferred for several reasons. First, the notice is defective, the reso that was advertising the DBR (Daily Business Review) back on the April the 12th, 2021, is not the reso that is before the City Commission today. Second, the City of Miami River Commission has not provided a recommendation on this item per your resolution, which I've given the Clerk to pass out, 00-320, all items that impact and deal with the Miami River shall be vetted by the Miami River Commission, which will provide a non -binding recommendation. Now, it's also been brought to our attention some officials at FDOT (Federal Department of Transportation) that earlier this week, the new District Six Secretary formally asked the City of Miami to delay today's vote on the conveyances between the City and FDOT. And lastly, as you may be aware, there is pending litigation, so from our perspective it's recommendable that the City defer today's item pending resolution of the legal issues raised by Mr. Prieguez in his litigation. Thank you. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I have a question to my City Attorney. Madam Attorney. I -- I asked you yesterday in the briefing because I had been informed that there was in fact a resolution passed, I don't know like eight years ago or something like that, that said that these items have to go before the Miami River Commission to recommend to us in a non -binding manner whether we should move forward or not. And this item has not gone before the Miami River Commission; is that correct? Mr. Wolfson: That's my understanding. Commissioner Diaz de la Portilla: Madam Attorney, you just told me yesterday there was no resolution, is there a resolution? Ms. Mendez: What I -- what I told you and what you asked was if there was a law that prohibited this item -- Commissioner Diaz de la Portilla: I didn't ask if there was a law, I asked -- City of Miami Page 16 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Mendez: -- and if they needed to go to the Miami River Commission. This item, accepting land, does not need to go to the Miami River Commission. What normally goes to the Miami River Commission is all items having to do with projects on the river to make sure that it complies with the -- all the riverfront lawsuits that we have, that it can -- maintains a working waterfront, all those type of things. So, I'm sorry if I misunderstood your question, but we do not feel that this item, accepting land, falls under that resolution. Coniniissioner Diaz de la Portilla: It was for clarification purposes. What does the resolution say itself 1 think Mr. -- Madam Attorney? Ms. Mendez: I don't have a copy right now but -- Commissioner Diaz de la Portilla: Did you distribute a copy to all the folks? Mr. Wolfson: I distributed the copy to you folks, I don't have one left in front of me, but essentially you know, and I don't want to litigate the case if -- Commissioner Diaz de la Portilla: No -- no it's one -- it's one clarification, that's all on this one issue. Mr. Wolfson: Yeah. Commissioner Diaz de la Portilla: Is there in a fact to resolution? Mr. Wolfson: We -- we -- yes, there is. We passed out the resolu -- the resolution and it's our position that our interpretation of that is -- is that this item itself would've needed to go before the Miami River Commission prior to coming here to your -- to your body. Vice Chair Russell: Commissioner Carollo -- Commissioner Diaz de la Portilla: Thank vou. Vice Chair Russell: -- this is your item, what would you -- how would you like to proceed? Commissioner Carollo: Mr. Chair, the way that 1 would like to proceed, he's had his two minutes, I will discuss this and bring my case forward when the item comes up. This is not the time that this item is up here to have a full discussion on it. Vice Chair Russell: Thank you. So, you're not looking to have it deferred or continued? Commissioner Carollo: Well, absolutely not. Vice Chair Russell: Understood. Commissioner Carollo: Absolutely not. This is the most outrageous situation that I've seen here in a long time. We're trying to get over an acre of free land from the State of Florida and someone is trying to stop us from doing it because of their greed. It wasn't enough that they got $14.9 million on their first shot, they're trying to stop the residents of Miami from having additional park land because of the greed that they have and the connections that they feel they still have. And for the record, I don't give a hoot who runs against me, who some people think they're going to intimidate me with. Anybody who wants to run against me, sign up, but you're not City of Miami Page 17 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 going to stop me from doing what I'm supposed to do as a commissioner in this, the people's work. And the people's work is if I can get from the State of Florida over an acre of land at no cost to us, then what the heck does the Miami whatever authority have to do to get involved with this? They're going to oppose free land from the State for a park? It's outrageous, it's totally outrageous and if I have to, I'm going to get into the whole history of this, including who the partners are that are also behind the scenes that don't live here, live in Venezuela, trying to see how this gets stopped because they have an interest also. Vice Chair Russell: When the item conies up, so it remains on the agenda for the moment. Thank you. Mr. Wolfson: Okay. Vice Chair Russell: Your request is noted. Mr. Wo fson: All right. Can I say something briefly or no? Vice Chair Russell: On the -- on the timeliness? Mr. Wolfson: I'll leave it. I'm sorry Vice Chair Russell: Thank you. I would recommend -- Mr. Wolfson: Okay. Vice Chair Russell: -- not. Mr. Wolfson: Take care. Thank you -all. Vice Chair Russell: Good morning. You'd like to speak on some of the items with regard to timeliness? Juliana Bukowitz: Good morning. Yes, my name is Juliana Bukowitz, and I'm a resident of Charles Avenue. So, I'm here in support of the other residents of the street. I'm also represented by David Winker, Commissioner de la Portilla [sic], I'm one of the people that -- that attorney is representing. I'm here to express my concerns along with my other colleagues, about what's going on our street and also to say how disheartened I am that I'm standing here in front of you guys instead of discussed -- discussing what are the things that we can do to preserve the beautiful Mariah Brown's house, which is standing right in front of the proposed hotel, which is a giant structure that our tiny street of three blocks does not comport. And why are we so interested in some private investment when we have a conundrum of the beautiful Playhouse Hotel that we could also be discuss -- sorry a theater. That we can be discussing the future of the theater. And the future of the street and the Mariah Brown's house. And being on the map as a city that has interests in preserving historical places such as that. It's a 200-year-old street, it's tiny. How are the trucks Jor the construction of this hotel going to transit through our street, and -- or through Main Street. It's almost inaccessible for that kind of construction to go on. So, we are very concerned. We have peacocks in our street that is kind of a staple of our neighborhood is -- it's beautiful and we are very concerned -- we are very concerned, and we are very disheartened. We wish we were here talking about other things that really could promote the City and put us even more -- even further in the map of an international city that has -- that you know, takes care of -- of itself and all of its history. Vice Chair Russell: Thank you. City of Miami Page 18 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Bukowitz: Thankyou very much. Vice Chair Russell: Thank you. Understood you are in support of the continuance. Ms. Bukowitz: Thankyou. We really appreciate your attention. Thankyou. Vice Chair Russell: Thankyou very much. Good morning, sir. Art Ortega: Good morning. My name is Art Ortega, I'm here to speak on item RE. 7, which is related to PH.6. In 2014, we presented to the River Commission our project on the -- on 5 and 27 Southwest. Vice Chair Russell: Sir is -- so we are going to be opening up public comment on all of the agenda items, right after we set the agenda, and so you -- you will actually have time to talk about the substance of the item in about ten minutes. Mr. Ortega: I understand. I just like to ask for the deferral of RE. 7 because we've been trying to contact the City since 2014. We actually had one meeting on March 30th with the Assistant City Director to discuss what was here, of substance, and to our surprise, the City's next step was to put us in the agenda for imminent domain, which is not consistent with what was here discussed of substance, and what was discussed with the Assistant City Manager on March 30th. Vice Chair Russell: Thank you -- thank you. Your comments are noted and you -- you can speak again on the substance when we open public comment. Commissioner Carollo: What is this for again? Vice Chair Russell: Sir, this is for RE.7, is acquire property to established public parks. It's -- it's a request for deferral. Commissioner Carollo: And who is he representing? Vice Chair Russell: Sir? Mr. Ortega: Yeah. Vice Chair Russell: Are you representing anybody in particular? Mr. Ortega: No. Vice Chair Russell: I couldn't hear just a moment. If you can have that microphone, Mr. Vinciguerra. Anthony Vinciguerra: Oh, I'm so sorry. Mr. Ortega: I represent the owner. I am the owner. Vice Chair Russell: The owner -- you are the owner of the property? Mr. Ortega: Yes. Vice Chair Russell: You are the principal? Mr. Ortega: Yes. City of Miami Page 19 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: What is your name, sir? Mr. Ortega: Arturo Ortega. Commissioner Carollo: Okay. You representing your father, too? Mr. Ortega: I represent myself and our family trust. Commissioner Carollo: Okay. So, that's -- includes your father in the property, correct? Mr. Ortega: He shares my name. Commissioner Carollo: Okay. Just wanted to put it on the record that it includes him. Mr. Ortega: Thank you. Vice Chair Russell: Thank you very much. Good morning, Mr. Vinciguerra. Mr. Vinciguerra: Good morning. Anthony Vinciguerra, 3325 Charles Avenue. I want to speak if I could, in support of a deferment of PZ.5 and 6. And we just want to really thank, Commissioner Russell. We know you care about the West Grove. We know you care about the residents, and we just want to give appreciation for your consideration of us. Just really briefly, I want to try to summarize very quickly the concerns and why we support the deferment of this item. As everyone knows, Charles Avenue and William Avenue are two of the most historic streets in the state of Florida, founded by Bohemian residents in the mid-1800s. It's a historic thoroughfare designated by the City of Miami. It's a beautl street lined with trees, quintessential Coconut Grove. When residents found out about this proposed rezoning for six lots, we're very concerned. First of all, about notice, those residents that live within 500 feet really knew almost nothing about this. We know some community organizations were engaged, but those that lived closest to it were not engaged. We're also concerned because when the historic Stirrup home across the street had been re -zoned, we had concerns back in 2014 and we were told that we would be engaged in any new development, but over the last weeks we found out that there is a new restaurant planned next to the historic Stirrup home that no one knew about. So, you can imagine there's a large building, already being planned for Charles and we didn't even know anything. We're also really concerned about traffic. As I understand it in 2016, there was a City study done of Charles Avenue and Ms. Victoria Mendez has been extremely helpful in the City Attorney's Office getting us information about Charles Avenue and about the investigation. We're hoping still to get the study from 2016 on the existing traffic burden that Charles Avenue has. And as we understand it, the current plan is not consistent with the City's policy of engaging residents, in the issues of traffic and the community. We're also concerned about its environmental impact. Charles Avenue already floods and is covered with trees and the developer already showed disregard for the trees that they've knocked down next to the historic Stirrup home in 2014. And just finally, commercial encroachment. This is a historic residential area. Large-scale development like this with multiple three-story buildings, is something that, just to be honest, the residents within 500 feet are very concerned about and don't want. So, we just like to again, thank Commissioner Russell for all your support. You're listening to us, your concerns about addressing our concerns, and this is just a brief summary that those here on Charles Avenue have and why we support the deferment of PV-- PZ.5 and 6. Thank you so much. Vice Chair Russell: Thank you. for your comments. Good morning. City of Miami Page 20 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Laura Graham: Morning. My name is Laura Graham. I'm 3300 Charles Avenue and I'd also just like to echo the thanks and support of a continuation of this subject matter for PZ.5 and 6. Just in a sense that we neighbors didn't really know that the hotel was even happening, and we'd love to have some adequate time to be able to engage with the developers, to see how we might do it in a way that the neighbors feel a little bit more comfortable. Vice Chair Russell: Thank you. Ms. Graham: Thank you. Vice Chair Russell: Thank you for your time. Just a moment, we just -- Clara is disinfecting each podium in-between speakers, if you can just give her a moment. Thank you, Clara. Good morning. Andrew Nottenkamper: Hello. Good morning. My name is Drew Nottenkamper. I also live at 3300 Charles Avenue. Mr. Hannon: Chair, I just -- I can't hear the speaker Vice Chair Russell: Little closer to the microphone. Mr. Nottenkamper: Sorry. I also -- my name is Drew Nottenkamper.1 also live at 3300 Charles Avenue. 1 would also like to echo my fellow neighbors in concern with the commercial development proposal. And I also have had very little opportunity to discuss any of the issues with developers, albeit traffic, or environmental concerns that we have. Thankyou. Vice Chair Russell: Thank you for your comments. Good morning. Shirley Gibson: Good morning to the esteemed Commissioners. I am Shirley Gibson. I'm a landowner of some property on Charles Avenue. This property has been in my family for over 100 years. My great grandmother came here in 1879, and I'd like to - - my -- voice my opposition to the approval of the rezoning that was passed maybe a year ago, to allow a building, like a hotel, on the entrance of Charles Avenue, would change the whole character of that street. I was raised on that street. I'm 86 years old now and my father was born there 110 years ago. And I would like to save the beauty, and the commodity of that street. When you allow a building to come right at the entrance of that street that would allow and bring too much traffic on that street. Also, it will destroy the environment. We're going to lose some very, very old trees. I don't know if a traffic study was done, or an environmental study. And I beg you and plead with you to think about what was done and to help the neighbors on that street. I thank you. Vice Chair Russell.: Thank you for your comments. Applause. Vice Chair Russell: Please hold your applause. Thank you. Thank you, ma'am. Ms. Gibson: Thankyou so very much. Vice Chair Russell: Thank you. I think we only have a few -- if there's anyone else here to speak publicly, just please line up at either of the lecterns so I can gauge how many folks are left. And again, this item will be back before us on May 27th. Anyone who we'd like to speak on the substance of'the application can do so at that time. City of Miami Page 21 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Today, we're just discussing whether or not it should be heard today is the only -- thank you. Good morning. Jena Saul: Good morning. My name is Jena Saul. I own the lot right beside Ms. Gibson's, 3295 Charles. We're building a house. I have young children and I'm very, very concerned about traffic with a large commercial property like that corning onto the street. We picked the street and the lot because of how small it was, how quiet it was, how quaint it was. And the hotel, I'm concerned, you know, just with the increase of traffic would do to such a street that's just, you know, suffers so much from being so narrow as it is now. Vice Chair Russell: Thankyou. Ms. Saul: Thankyou. Vice Chair Russell: Thank you for your comments. Is there anyone else here to speak to the Commission on the deferral items on the setting of the agenda? Seeing none, I will close public comment. We got one more. Good morning. Valerie Haber: Good morning. I'm Valerie Haber with Grey Robinson at 333 Southeast 2nd Avenue in Miami. I'm here not on behalf of any client, but I just saw that there is first reading of an alcohol ordinance amendment, an alcohol amendment, and 1 conferred quickly with my colleagues who do the same type of law, alcohol beverage law and none of us had seen this. Tm just looking quickly at it, I see some pretty significant preemption issues in the way it's written, particularly with respect to the enforcement of Chapter 560 to Florida statutes -- Vice Chair Russell: We'll be taking that item up -- Ms. Haber: Yeah. Vice Chair Russell: -- and so you will have a public comment period for that item right after we set the agenda. Ms. Haber: Okay. We were just asking for deferral on that. Vice Chair Russell: Okay. Ms. Haber: Thank you. Vice Chair Russell: That's noted. Thank you. Any other public speakers on the deferral items? All right. Thank you, we'll close public comment. Is there a motion to set the agenda? Commissioner Diaz de la Portilla: Moved. Commissioner Reyes: Seconded. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. All in favor of the items say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. So, we have an agenda for the day. City of Miami Page 22 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PUBLIC COMMENTS FOR ALL ITEM(S) 8962 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE APRIL 22, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: And we'll open for public comment on the remaining items that are on the agenda. Please line up at either lectern, give a moment for Clara to disinfect between speakers, that way we'll alternate. You'll have two minutes to speak. You'll hear a little beep right when you get to the 30 second point left so you know to start wrapping it up. All we need to know is your name and which item you'd like to speak on. We're limiting public comment to the items we are addressing on today'' agenda, the remaining agenda. So, good morning, sir, you're welcome. Julio Ligarria: All right. Good morning. My name is Jullio Ligarria. I live at 363 Aragon Avenue, Goral Gables, Florida 33134. Pm here today in representation of Jeffrey Mitchell, President of the South Florida AFL-CIO (American Federation of Labor and Congress of Industrial Organi_ations) and the Transportation Workers Union Local 291. And 1 will be reading a statement on his behalf regarding item DI.5, the Better Bus Project discussion. Vice Chair Russell: Thank you very much. Mr. Ligarria: The Transit Alliance Better -- The Transit Alliance's Better Bus Project, as it stands today, will not make things better. The lines they are proposing be eliminated like line 37, for example, which runs West -- which runs from West 74th Place on Hialeah through parts of Coral Gables and Coconut Grove and ends at the South Miami Metro Station will hit our transit dependent low-income community the hardest. In the words of a County official at the Department of Transportation and Public Works, I quote, "The plan was designed to make you walk more." Not only that, but it is the elimination of decades -- of decade -old routes that will leave thousands confused and without reprieve. These are people that don't spend their days on social media or joining the Transit Alliance Zoom calls to get the info they need to plan ahead. These are people that may not have access to high-speed Internet, that work two to three jobs and are trusting their elected officials to have their backs and make sure they can get to those jobs in order to put food on their table. If this plan is adopted as is, it is going to cause mass confusion and stress for our passengers and great stress for our operators. While well intentioned, the decision to make these changes in a cost neutral manner is putting the Transit Alliance in an impossible position where they are forced to erase popular lines and merge them with others in a way, that will disenfranchise thousands of your constituents of a means to transport themselves. We ask that you adopt a resolution urging the County to direct the Transit Alliance to not eliminate critical bus roads like Line 37, and to eliminate the mandate that the project be cost neutral. Thank you very much. Vice Chair Russell: Thank you very much. Good morning. Shannon Allen: Good morning. Good morning, Commissioners. My name is Shannon Allen, I'm a resident of Coral Gables. Pm also the CEO (Chief Executive Office') of Grown, which is real food cooked slow for fast people, we are the first 100 percent USDA (United States Department of Agriculture) organic certified fast food City of Miami Page 23 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 restaurant in the U.S. (United States), and we reside right here in South Miami. I'm here today in support of SR.5, the pilot partnership with Reef Technologies. As most of you know, the global pandemic has been cataclysmic for local restaurants and small businesses, especially those that are owned and operated by Black and brown people. Myself, as a Black woman in business, I have seen the cataclysmic effects, economically, of what this pandemic has done to small businesses and restaurants. My current partnership with Reef Technologies has been a complement to my business, not a competition. A partnership with Reef Technologies for small business owners and restaurant owners here in Miami will give small business owners like me an opportunity to scale their businesses without having to add intense capital inclusion from their businesses. As everyone in this room is too aware, 40 million people lost their jobs this year because of the pandemic. 16 million of those people, were bar and restaurant owners. I personally funded my team members and employees for over a year to make sure that they did not end up on food lines or have food insecurity or to go without being able to keep their families afloat. This is an anomaly. Most people do not have the luxury of investors or people to support them in times of economic downturn. A partnership with Reef Technologies has allowed me to stay in business and has given me the opportunity to expand throughout the City of Miami. I beg you, please consider passing SR.5 and improving the opportunity for more small businesses like my own to stay in business in our beautiful city and to be a service to our community members. Vice Chair Russell: Thank you very much. Ms. Allena: Thank you so much. Applause. Vice Chair Russell: If some of you could stand over at this lectern, we'll be able to alternate quicker as we disinfect in-between. Good morning. Frances Colon: Good morning. Good morning, Commissioners, happy Earth Day to all. Special greeting to my own commissioner, Commissioner Watson. My name is Francis Colon, and I'm a resident of 453 Northeast 68th Street in Miami, Florida. I am here this morning to speak in support of FR.2, The Building Efficiency Ordinance. Did you know that 55 percent of the Greenhouse Gas Emissions in the city of Miami come from buildings? This ordinance is a marketplace solution. A policy, that over years, would require buildings to report their use of water and electricity, through an open and free platform to incentivize conservation and efficiency, what we're all driving towards. It's about data. When you have data, you have transparency. You can improve performance of buildings, saving money for owners, for tenants, creating jobs in the energy efficiency space, and producing health benefits by reducing pollution. This would help building owners make better decisions about buildings, how to improve them, and tenants can decide where to live. Finally, this is a baby step, but an important one for the big goal the City has set to reduce greenhouse gas emissions to net -zero by 2050. Miami is leading, it could continue to lead, but it needs to go beyond the words and now needs to take the steps to implement those goals. Thank you very much. Vice Chair Russell: Thank you for your comments. Good morning, sir. Christopher Norwood: Good morning. My name is Christopher Norwood, I operate the Historic Ward Rooming House Gallery at 249 -- 249 Northwest 9th Street in Historic Overtown. I'm here today to speak in support of SR.5 and what 1 would like to say about what this company has done to the community in which my gallery exists is that we've been able to host two job fairs. So often when you think of an art gallery, you don't think of it being community -engaged, but that's what we do at the Historic City of Miami Page 24 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ward Rooming House Gallery. And so often I've had people in my community who come up to our gallery and ask for jobs, and we have been able to actually host two job fairs where people are hired on the spot. I hope that the Commission will consider this project as a job creation vehicle, as something that obviously will elevate our community and innovate our ways in which technology is used in today's society differently, but most importantly, it has provided needed job access, and with that being said, please support SR.5. Thank you very much. Vice Chair Russell: Good morning, Mr. Cruz. Elvis Cruz: Good morning, Commissioner. Elvis Cruz, 631 Northeast 57th Street. I'm here in opposition to PZ.10 and 11, which would allow a 36-story building at Biscayne Boulevard and 38th Street as part of the Dacra SAP (Special Area Plan). This public hearing is a due process violation because the public is only allowed to speak before the items are heard, so we cannot respond as to any evidence or testimony given during presentations by the City or appellant. A public hearing must be meaningful, not illusory. The handout I've given you, is a page from the City's analysis ofMiami 21, Section 3.91 (H)(10) for this item. I've highlighted the law's requirement that the height of the development be in scale and character with the surrounding area. Your common sense tells you that a 36-story building would not be in scale and character with the surrounding area and therefore clearly illegal. Notice the analysis paragraph. There is absolutely nothing written by City staff regarding compliance with the requirements to be in scale and character with the surrounding area. You rely on City staff for your judgment, yet that important legal requirement is completely ignored by the City's analysis. That constitutes a lack of substantial competent evidence and a departure from an essential requirement of law. Also, in the analysis paragraph, the red underlining says it will, quote, "Maintain the same height and FLR maximums." That is clearly false as they are requesting a height variance to go from 20 stories, which is already too high, to 36 stories. You had been given false information, again, a lack of substantial competent evidence. You should save the city the cost of defending a losing lawsuit and save the public the cost of suing to protect their neighborhood from a clear violation of the law. Vice Chair Russell: Just as a clarification, Mr. Cruz, you're saying it will change the FLR maximum? Mr. Cruz: No. I'm saying it'll change the height. Vice Chair Russell: Correct. But you underlined also the FLR maximum as a -- Mr. Cruz: Well. I didn't want to cut off the sentence and -- Vice Chair Russell: Understood. Thank you. Mr. Cruz: -- take it out of context. Vice Chair Russell: Just wanted to be clear. Mr. Cruz: The developers are trying to increase -- excuse me, to justify this increase by calling it a gateway and saying it will be iconic. An iconic gateway does not have to be tall. Here's the most iconic gateway in South Florida, the Granada Entrance to Coral Gables, only two stories tall and absolutely beautiful. In closing, the City of Mianii is already hugely over zoned. Here, they can go up to 20 stories on a property that used to be zoned single-family residential. This property should be down -zoned, not given a height variance to enable them to sell higher views. There is no justification for this height variance, there is no hardship. This is simply a case of developer greed, just another money -motivated manipulation at Miami City Hall. City of Miami Page 25 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Please do the right thing and enforce the Zoning Code by denying this height increase. Thank you for listening. Vice Chair Russell: Thank you, Mr. Cruz. One just point of clarification. ication. There is no process violation by allowing the public to speak before an item. It's not meant to be available for the public to cross-examine an applicant unless they are an intervenor, so the public has the right to comment on the application that has been submitted into the public record, but not necessarily to go back -and -forth after the applicant has presented. So there's not a process violation, I just want to be clear. Mr. Cruz: I disagree with you in that again, they can present things that we cannot respond to. Vice Chair Russell: Correct. Mr. Cruz: As you're probably aware, for many decades, a public hearing would take place after the City and the applicant had presented. Now we are denied the ability to know what they're saying. We have to prognosticate what they're going to say and offer rebuttal for it. Vice Chair Russell: Thank you for your comments. I appreciate that. Good morning. Jay Stubbs: Good morning, sir. Good morning, ladies and gentlemen. My name is Jay Stubbs, 1 live at 2062 Northwest 19th Terrace, Miami Florida, 33125, in the Allapattah area, and I'm a line cook at Reef Kitchen. I want to say first off that I loved my job at Reef and I've worked at other restaurants, and it wasn't until I joined Reef that I saw what a team is supposed to be like. The opportunity to work at Reef has been an amazing experience for me. The people I worked with, and the team leaders are very helpful and possess the ideology of support and gratitude. I'm here today as an example to anyone out there still looking for work in this difficult time. Come work with us at Reef. We are individuals serving our community to the best of our abilities and this company offers stability and good benefits. At Reef we are not just workers, we are employees, and we are treated that way. We have many jobs open from line cook all the way up to management. So, if you're looking for a job where you can still have your independence, come work with me at Reef Thanks for your time. You guys have a blessed day. Vice Chair Russell: Thank you for your comments. Thank you for coming. Good morning. Veronica Madina: Hello. Good morning. My name is Veronica Madina, and I'm a vessel captain for Reef Kitchens. I live on the 25 Avenue and 11 th Street, Miami, Florida. So, I'm here to tell my story with Reef because, before I was working at Reef I was working in a restaurant job where they didn't want me to grow as myself because I was a single mother, and they give me the opportunity, right? They didn't want me to grow. They told me not because you're a mom, you don't have enough time. Everyone else had a chance except for me. And then here at Reef when I found this job, I started earning two more dollars more, $14 as a line cook. And in just three months give me a chance to be an assistant supervisor. And now I'm on the top of the vessel captains and I'm very proud of myself. And with the pandemic, I was pregnant, and I never lost my job and I was able to support my whole family because on the restaurant industry, it was closed for the pandemic, but at Reef we never stopped working and actually, like, a lot of people who lost their job has start to work with Reef. So, just want to thank for -- thank you guys for this opportunity to speak here and to be in support fir my company, and I appreciate guys, that you guys are supporting the 700 workers the -- at our Reef kitchens in all Miami, so thank you guys. for be able to speak for my company. Thank you. City of Miami Page 26 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Thank you for your comments. Thank you. Applause. Vice Chair Russell: Good morning. Please hold your applause. Thank you so much. Good morning. Mr. Savage: Good morning, Chair. Paul Savage, again, for MacArthur Properties. I want to incorporate and adopt all the things that Mr. Elvis Cruz said as part of nay objections also, together with everything I've written and submitted into the record in -- at PZAB (Planning, Zoning and Appeals Board), and, Chair, if I understood your instruction to me before, is that I will have time at the time of the hearing in chief to make my record as an intervenor et cetera, or do 1 need to burn through and make my record in two -and -a -half minutes right now? Vice Chair Russell: Good point, Mr. Savage. Thank you. Madam City Attorney, because they were granted intervenor status at PZAB does not necessarily mean they will be granted intervenor status at City Commission, correct? Ms. Mendez: Correct. Vice Chair Russell: So, it needs to be heard? Ms. Mendez: The request needs to be made to City Commission. Vice Chair Russell: Got it. What 1 would recommend Mr. Savage, is submit for intervenor status. When we hear the item, I expect it to be one of the early items after lunch. And if you're not granted intervenor status for whatever reason, I'll give you your two minutes at that time as a concerned resident. Mr. Savage: Okay. I will -- I'll reappear at that time and give my evidence and request as to why I'm entitled to intervenor status, and we'll go from there. Vice Chair Russell: I look forward to it. Thank you. Mr. Savage: Thank you, Mr. Chairman. Vice Chair Russell: Yep. Good morning, sir. Amine Kanbar: Good morning. My name is Amine Kanbar. I live in Shenandoah, and I work as site manager, for Reef. As an immigrant, I came for Miami, for better living and better job opportunity. I'm part of this community. and I try as much possible to hire from within -- we support the community most of the time. At Reef we pay kitchen supervisor and kitchen team members and kitchen staff little bit above the minimum wage, which we support our community. And I do supervise most of them. I know at Reef we appreciate their work, and we value them as people. Myself I worked with many locals in Miami, and I believe the resident can learn lots from our concept at Reef kitchens about the flexibility of hours, about the benefit, and living wage, and I'm here to support SR.5. Thank you so much. Vice Chair Russell: Thanks for your comments. Mr. Kanbar: Thank you. Vice Chair Russell: Good morning. City of Miami Page 27 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Michael Miller: Good morning. How are you doing? My name is Michael Miller. I'm here for Reef 1 wanted to submit my article in the Miami Herald to the Commissioners. 1 am kind of nervous. Vice Chair Russell: Don't worry about it, you're good. Mr. Miller: My first time on the podium. Vice Chair Russell: You're doing fine. Mr. Miller: Okay. I was homeless, my house got foreclosed, and 1 was homeless. I want to thank God, I met a City of Miami officer, he took me to the Camillus House and from the Camillus House, I signed up for Miami -Dade Community College, and 1 graduated. And I would just want to thank you guys -- for that officer. And now I'm at Reef. I'm a head cook, and that changed my life overnight. And I want to thank you guys and Commissioners for everything. Vice Chair Russell: Thank you for your comments. Thanks for coming today, I appreciate that. Commissioner Diaz de la Portilla: And he did a great job, by the way, Mr. Chairman. Vice Chair Russell: Good morning Mr. Torres. James Torres: Good morning, Commissioners. Happy Earth Day to everybody. My name is James Torres and I'm the new elected president for the DNA (Downtown Neighbors Alliance). I've had the pleasure of working with Ken Russell and -- briefly, but we're moving on with some beautiful things in Downtown. The DNA has asked me to make a comment on PZ.9, 8779, just kind of letting you know that we do support that and also Flagler, the BID (Business Improvement District) as well, so that way that gets traction and we can try to move that forward. Vice Chair Russell: Which item is that PZ? Mr. Torres: PZ.9, 8779. Vice Chair Russell: Got it. Mr. Torres: That's one of the items. The other item that we've been speaking about is FR.5, 8897. That particular one there, the comment that we're looking at is the DNA and its memberships are studying the impact of the ordinance and will provide our input to Commissioner Ken Russell prior to the second reading because there are questions on the fertilization on that even though it's Green Happy Day, right? The next item is FR.2, 8727. That particular item, we would like to get additional information as it relates to "if condos are excluded" as it relates to the wording the way the ordinance is right now. Vice Chair Russell: Which item is that? Mr. Torres: FR.2, 8727. And those are the three items that we'd like to support and then have further conversations on. Vice Chair Russell: Thank you very much. Mr. Manager, when we do take up FR.2 and 5, we'll call those the Earth Day ordinances. Well take them up early today. I'd like some help from Commission -- fromColonel Dodd with regard to those questions on the bench marking, whether it applies to condos. And for the, fertilizer ordinance, this only actually matters and happens if the management companies that control the City of Miami Page 28 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 fertilization at the towers in Downtown get on hoard with it. So, I'll need your help on that. Arthur Noriega (City Manager): Right. Mr. Torres: Okay. I appreciate it. Thank you so much. Vice Chair Russell: Thank you for your comments. Mr. Torres: Thank you. Vice Chair Russell: Good morning, Mr. Wernick. Steven Wernick: Good morning, Mr. Chair, Commissioners. Steve Wernick, address 89 Northeast 27th Street in Wynwood. I'm here on behalf of Wynwood Community Enhancement Association on SR.3, which is the Wynwood North Dade Parking Trust Fund. As you know, the NRD-2 (Neighborhood Revitalization District) was adopted, and we thank you very much for your support last month. This was the final ordinance that is part of that, and this is really a tool to help bring back Main Street, preserve that small character, and be a tool that can be utilized for that small infill development. I know that there's an adjustment that was made between first and second reading upwards on the -- on the rate of the parking fee, which the community association supports. And so, we hope to have your support today and we thank Commissioner Watson also for his involvement in taking the time on this item and all of the things going on in Wynwood Norte. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, Mr. March. Michael March: Hi, good morning. My name is Michael March. I live at 3586 Charles Avenue in the West Grove. Pm here to voice my opposition to SR.5, the Reef Kitchen's item. And first off, I'd like to congratulate Commissioner Reyes for keeping this item out of his district at least because it's important to stand up for brick -and - mortar businesses. This whole item stinks of pay -for -play to me. From what I've read about Reef Kitchens, it's Saudi Arabian owned. They own these parking lots that aren't being used now because all the office buildings are closed. The parking lots aren't being used because obviously all the offices are closed. So, to make up for the loss of revenue, they're competing against local brick -and -mortar restaurants by putting up these ghost kitchens. So, if you support local businesses, I don't know how you can vote in favor of this project today. So, please vote against it. Thank you. Vice Chair Russell: Thank you for your comments. Ron Bilbao: Good morning, Mr. Chairman. Good morning, Commissioners, Mr. Manager. I wasn't going to speak. My name is Ron Bilbao. I'm head of public affairs for Reef Technologies and I was just actually coming to submit a letter that was signed by several members of the Downtown Development Authority in support of the kitchen item. You heard from a local restaurant owner who actually is in support of the item. We have many local restaurants, so we'll be here throughout the day, and I'll be here to answer questions, any questions that you may have on the item, and certainly to answer some of the questions that the gentleman raised. But for now, just want to submit this letter for the record and I appreciate the time. Thank you. Vice Chair Russell: Thank you for your comments, Mr. Bilbao. Good morning, Ms. Betancourt. Brenda Betancourt: Good morning. Actually Happy New Year. Thank God we all kind of safe from COVID. City of Miami Page 29 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: We haven't seen you in a while. Ms. Betancourt: Yeah, we has to kind of keep ourselves -- hi, sweetheart, good to see you. Today is not about any of the items that you have in agenda. I just want to make a comment to your ePlan process. I'm having so many troubles with it. I have been to every single of those classes that you have online, the one that you do by Zoom meeting, all the question that we ask. In reality from the question that you ask to the process that it goes through is totally different. So, my question is to all of you, since you guys are the ones who speak for us. How the process is going to get better? How can a person can understand to go to the company who supposedly is scanning the documents for you? And then you receive an e-mail saying your document is being uploaded wrong. So, how can you help the regular person in the other side of the dais who has projects in the city of Miami from 2019, 2018, and until today, April 22nd, 2021, we still have no answer. You e-mail everybody in that process. Vice Chair Russell: Thank you. Ms. Betancourt. So, it's not about an item on our agenda today, correct? Ms. Betancourt: No. Vice Chair Russell: So, -- but this is an issue that's important because the ePlan system is meant to make it better, right? Ms. Betancourt: But it's not working. Vice Chair Russell: And especially for maybe those who are not doing large, you know, projects, it may actually be quite complicated. So, I -- I hope that the City Administration can help you with your situation and maybe even identify things that can improve it, so it's more user friendly if there are issues. So, I'd like you to speak with our City Manager and the Building Department. Ms. Betancourt: I already sent an e-mail to all of them, but I definitely will to talk to them. And another thing is are you guys having any different approach for the new shootings in Little Havana, even though the commissioner is not here to answer, but all of you are responsible for the City. So, are we doing anything with the extra people that we see in the street selling drugs, prostitution in the streets that we're seeing, young women walking in the street? And I know Commissioner Reyes has had the issues, but Little Havana is increasing as well. So, if you guys be able to do something about it, it's not just about you guys saying something is -- Vice Chair Russell: Understood. Ms. Betancourt: -- we need to see it in the street the same way that we appreciate that you guys are helping with the water and sewers, new connections, and everything else, we really appreciate it. But please, I know we have a new chief it will be very nice if they can actually do something about it. Vice Chair Russell: Thank you. Thank you for your comments. The Building Department is actually lined up ready for you. All right, over here, and your other -- your other concerns are very well noted. Thank you so much. Good morning again. Mr. Ortega: Good morning, Chairman, Commissioner Reyes, Commissioner Diaz de la Portilla, Commissioner Watson, and Manager Noriega. We can definitely discuss in more substance the issue at hand, which is RE. 7. However, I think it's important to get clarity from the City and mainly from Manager Noriega as far as what the intent of the City is for our properties, because we were engaged by Assistant Nzeribe City of Miami Page 30 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 lhekwaba, I'm probably murdering his name, Mr. Ayeros Garser (phonetic) and Colonel Dodd on March 30th, 2021, about working together as a property owner to improve a City property located on 1 Southwest South River Drive, that was less than 30 days ago. And unfortunately, we were very surprised because the item that I'm speaking against came up out of nowhere where they intend to eminent domain our property against our constitutional property rights. So, I'd just like some clarity as far as whether the City intends to work together with the property owner or if the item in the agenda is the direction that they intend to go. Vice Chair Russell: Item on the agenda gives direction to the Manager to acquire either through negotiation with the property owner or through eminent domain. So, it sounds like the limner is the friendlier method of approaching you. Mr. Ortega: I understand, but I have e-mails that are inconsistent with what was approved at the Miami River Commission in 2014. And all the gentlemen I mentioned are copied here, intending to work together with us as property owners to achieve the goals that the Miami River Commission unanimously approved in this meeting. So, at the very least a deferral to further discuss would be most welcome because we were frankly surprised by this item being on the agenda considering that less than 30 days ago, we were pointed in another direction, completely different. Victoria Mendez (City Attorney): What is it that you have in your hands? I'm sorry, it's me. Vice Chair Russell: Madam Attorney, you're recognized. Mr. Ortega: It's an e-mail I can share with you. Ms. Mendez: Thank you. Vice Chair Russell: Please hand it to the Clerk and he'll get a copy for all (yetis. What is the substance of that particular e-mail? Mr. Ortega: It discusses working together with the City to make improvements to 1 Southwest South River Drive, which is a City -owned property as the abutting property owner. Commissioner Carollo: Chairman. Vice Chair Russell: So, -- so that isn't for the property that is in question with RE. 7, it's the abutting property which is City -owned? Mr. Ortega: Well, it's the abutting property, and we only were approached by the City because we are the neighbors on 5 and 27th Southwest River Drive. So, it's not directly on the item, but it's the reason why we're here. Vice Chair Russell.• Commissioner Carollo, you are recognized. Commissioner Carollo: Chairman, public -- public hearing part is so that people can speak, not to be engaging us and asking questions, and a back -and -forth. That's for when the item comes up. If he has a statement to make, you should snake it. This is the second time he's up here now that I see. So, I'm confused if he had his two minutes before or these two more minutes. I think he's talking about the same item. So, he should make a statement, if he made it already, it's fine. And then when deciding comes up, we can deal with anything else. I would like to point out the. fact that the stenographer that's here today. Good morning, ma'am. Welcome to the City of Miami Commission meeting. It's the same one that was here for Mr. Prieguez. That shouldn't City of Miami Page 31 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 he a surprise because you two are partners in other lands on the other side of Flagler, by the river, correct? Mr. Ortega: That's incorrect. Commissioner Carollo: Well, this is what he had told me. Mr. Ortega: Well, that's incorrect. Commissioner Carollo: They're side to side. He had told me before some time ago that you guys were 50/50 partners. Now, I know that both parcels, one is under his corporate name and yours is under another corporate name. But that's what he said to me. Mr. Ortega: That's incorrect, Commissioner. I'd be happy to clarify, but that's incorrect. Commissioner Carollo: If this is what you're telling me, you know, I take it if -- you know, face value. Mr. Ortega: Thank you. Commissioner Carollo: If you're not, it's fine. Okay. But nevertheless, you see the same stenographer taking record for both of them. Mr. Ortega: That's incorrect. I did not hire her. Commissioner Carollo: Yeah, but she's going ahead and doing it for you. Mr. Ortega: No, she's not working for us. We haven't hired her. Commissioner Carollo: Okay. Mr. Ortega: We have -- I have never seen her before. I'm sure she's a very nice lady, but I have not seen her before. Commissioner Carollo: So why would Mr. Prieguez hire you to take, on the record his statements? (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Sorry, and any comments do you need to be made through a microphone so we can capture it for the public record. Vice Chair Russell: Would you like to respond? (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: She's asking -- yes. Commissioner Carollo: I'm asking you. if he's saying he didn't hire you for this, then why is the other party? Unidentified Speaker: I have another name that is not mentioned here. Vice Chair Russell: So, just so you can repeat what you just said into the microphone though. Okay. City of Miami Page 32 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Unidentified Speaker: Okay. He did not hire me. Commissioner Carollo: Right, and who have you been -- Unidentified Speaker: I'm actually being -- I'm hired by -- its a firm covering for another firm. Commissioner Carollo: It's a firm for another firm. Unidentified Speaker: I work for a court reporting firm and I'm covering for another firm. Commissioner Carollo: Okay. But that other firm that you were covering for another firm -- Unidentified Speaker: They just tell me who, you know, to take down. Commissioner Carollo: Was the one that told you to type everything for Mr. Prieguez attorneys' presentation, correct? Unidentified Speaker:: I'm really, you know, not at liberty to say. I was just sent here and I'm. just doing my job. Commissioner Carollo: Well, I just wanted to get into the record, and ma'am, I don't mean to put you in the spot, you're doing your job, and 1 understand that, and God bless you that you have a job and you're doing a good job at it. But I just wanted to point it out that whoever hired you has an interest in both of these together. In other words, they're not separated. That's all I have now. Vice Chair Russell: Thank you. And Commissioner, just to clarify this gentleman spoke earlier about the deferral at the order of the day requesting a deferral, and then he had his two minutes to speak on the item at public comment. Commissioner Carollo: Okay. Is he done with his two minutes or is he -- Vice Chair Russell: Well, (UNINTELLIGIBLE) -- Mr. Ortega: I just like to leave it on the record that what we seek is to meet with Manager Noriega to seek clarity regarding what direction the City wants to take, and also for the record, we have not hired a court stenographer today to be present to take notes. Vice Chair Russell: (UNINTELLIGIBLE). Thank you. And you are very welcome to meet with the -- Commissioner Carollo: For the record, this resolution, does not prohibit you whatsoever to meet with the manager. So, what you're asking for, you will have the opportunity in doing. Mr. Ortega: Thank you. I just wanted to be clear that we didn't hire anyone. Our intent is to discuss in the time being to see what direction to City wants to take. Commissioner Carollo: Yeah but -- Mr. Ortega: We're not gathering evidence -- City of Miami Page 33 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: --1 do have to believe that as a -- a proud Venezuelan, you would not want to sell beyond the market value of that property, and particularly if it might have the name of Simon Bolivar on it. Mr. Ortega: I'm -- I'm sorry. I couldn't hear you. Commissioner Carollo: I said a -- a -- as a proud Venezuelan, my wife's Venezuelan and she's proud being Venezuelan, I believe that you would not want to sell the property at anything above market value, and particularly if we might want to consider naming that as a green space for Simon Bolivar. Mr. Ortega: We can definitely entertain a different -- I --1 should clar. I was born in Venezuela, but I'm dual Spanish and Venezuelan citizen and 1 look up to Simon Bolivar, as you mentioned. Commissioner Carollo: Yeah, (UNINTELLIGIBLE) -- Mr. Ortega: We are as part of our project, and this gets into the substance which we can discuss later. But as part of our project, we are devoting over 41 percent of the property to landscape -- to landscape it consistent with the Miami green walk. So, a significant amount over 41 percent of the property will be essentially a walkable linear park. And what we discussed on March 30th with representatives of the City, was to incorporate 1 Southwest South River Drive into the same linear park, and in -- increase the amount of parkland, which is much needed in the district, Commissioner Carollo. Commissioner Carollo: Well, I -- I think we're in agreement in that one point, that -- Mr. Ortega: Hopefully, we can sit down and discuss. Commissioner Carollo: -- we much have needs for green space, in particular in this district. Thank you. Vice Chair Russell: Thank you for your comments. Mr. Recio, Good morning. Tony Recio: Thank you, Mr. Chair. Good morning, Mr. Chair, members of the Commission. For the record, my name is Tony Recio with offices at 2525 Ponce De Leon Boulevard. Good morning, everyone. I'm here to speak on PZ.10 and PZ.11, which is a Design District SAP. I'm representing Magnolia Holdings, and I spoke with counsel for 3801 Biscayne Boulevard together. He -- he joins me in this. We -- we represent about three acres of property east of Biscayne Boulevard. I want to express my support for Mr. Savage's -- and his client, MacArthur Properties, their inter -- intervenor status in today's proceedings. We support their objections wholeheartedly. I would love to present this to you in the context of that application. But I'm not sure about how the procedures are working these days because of COVID protocols. We would, however, consider it as -- as Mr. Cruz had said, a serious question of due process, if we're not allowed to make a presentation or to speak on that item when that item is called, it -- it makes sense to -- to hear it in context. You've whittled down the agenda to about two or three items on the PZ (Planning and Zoning) agenda. So, we have the time. We hope that we can present our objections more formally at that time, but in any event, we do support Mr. Savage's intervenor status and his objections. Vice Chair Russell: Mr. Recio, is your client seeking intervenor status as well? Mr. Recio: We are not at the moment, no. City of Miami Page 34 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Okay. And then this would he the time to -- to state that -- Mr. Recio: If we -- Vice Chair Russell: -- the substance of your objections at this time would be. Mr. Recio: Okay. Well, our objections are mu -- multi folds. We -- first of all, we'll join Mr. Savage in -- in -- in his objections, so we'll just follow up with what he says. But at the same time, we're concerned about the -- the height that they're proposing. We're concerned about the way they're -- they are obtaining bonuses. It seems to be a -- an interesting deal for the City, where they're only providing 10 thousand square feet of civic space, as opposed to if they were doing it through the regular public benefits process, they would have to provide a 121 thousand square feet. So, there would be 12 times the public impact, the public benefit. If they were -- if they were paying into the fund, we're talking about $2.8 million that they're getting away with not paying for the properties on Biscayne Boulevard. So, I mean, those are -- those are the overview, I could get into more specifics at that time or Mr. Savage will, I'm sure. Vice Chair Russell: Thank you very much. And -- and Mr. Manager, I -- I'd love to get analysis from the -- the planning director when this item comes up with regard to that suggestion. Mr. Recio: Thank you, Mr. Chair. Vice Chair Russell: Thank you, Mr. Recio. Commissioner Watson: Mr. Chair. Vice Chair Russell: Yes, Commissioner Watson. Commissioner Watson: Let me ask you a quick question because I've heard this twice now. Th -- this comes to us from PZAB, right? Vice Chair Russell: Correct. Commissioner Watson: So, in PZAB they don't let residents speak? Vice Chair Russell: Yes, and some request intervenor status to get a higher level of scrutiny, to cross-examine both our staff as well as the applicant. Commissioner Watson: Yeah, but this -- when it goes out that they are never allowed to speak, it just makes it seem like during the course of the process, they're not allowed to speak and that's not necessarily accurate. Vice Chair Russell .• Correct. Commissioner Watson: Okay. That's all, I just wanted to make sure. That's all. Vice Chair Russell: Thank you, Commissioner. Good morning, Mr. Gibbs. Tucker Gibbs: Good Morning — Vice Chair Russell: Long time. Mr. Gibbs: Yes, it has been a long time. Good morning, Commissioners. My name is Tucker Gibbs with law officers of 3835 Utopia Court, Coconut Grove. I'm here City of Miami Page 35 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 representing the Bay Point Property Owners Association, and who are at 40 -- 405 Gate Lane, near the area that is subject to the proposed amendment to the Miami Design District SAP, and the development agreement. Now, my client has met with the applicant to discuss its concerns regarding the proposed amendment to both the -- the SAP and the development agreement, and their impacts on their neighborhood. But because of these ongoing discussions, my client will make its presentation to the Commission at second reading on the proposed ordinance and development agreement and we just wanted to let you all know today. Vice Chair Russell: Thank you very much. Mr. Gibbs: Thank you. Vice Chair Russell: Is there anyone else here for public comment on any of the remaining items on the agenda? Speak now or forever hold your peace. Closing public comment. Thank you very much for your patience and advocacy. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: I will now ask the Clerk if there are any Mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no Mayoral vetoes. Vice Chair Russell: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 36 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 CA.1 8714 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes ABSENT: Diaz de la Portilla, Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2020-2021 U. S. MARSHALS SERVICE"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN OBLIGATION FORM TO ACCEPT REIMBURSEMENTS IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND DOLLARS ($95,000.00) FOR OVERTIME EXPENSES INCURRED BY MEMBERS OF THE MIAMI POLICE DEPARTMENT'S FELONY APPREHENSION TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS SERVICE ("U.S. MARSHALS") PURSUANT TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. MARSHALS AND THE CITY OF MIAMI; AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-21-0163 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." CA.2 RESOLUTION 8730 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-21-0164 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." City of Miami Page 37 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 END OF CONSENT AGENDA Vice Chair Russell: And we're resuming the regular agenda. While we're waiting for the full five commissioners, 1'd like to take up some of the non -controversial items that we can. And f1 read anything that you feel we need discussion on, 1'll remove it. But my intent is to pass the remaining CA (Consent Agenda) agenda, that's CA.1 and 2. The remaining PH (Public Hearing) agenda, and that's 1, 2, 3, 4, 5, 6, 7, 8. If there's anything concerning there or needing discussion, I'll pull it. But if not -- Commissioner Carollo: (UNINTELLIGIBLE) CA agenda of 1 and 2? Vice Chair Russell: Yes. Commissioner Reyes: Second. Vice Chair Russell: Yes. There's been a motion and second on the CA agenda. Is there any further discussion? Commissioner Carollo: No. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on 1 and -- CA.1, and CA.2. City of Miami Page 38 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 CA.3 RESOLUTION - Item Pulled from Consent 8839 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ROADWAY TRANSFER AGREEMENT ("AGREEMENT") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO ACCEPT JURISDICTION OF STATE ROAD ("SR") 934/NORTHEAST BAYSHORE DRIVE/NORTHEAST 82ND STREET FROM SR 934/NORTHEAST 79TH STREET TO NORTH MIAMI AVENUE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFER FROM FDOT'S STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI'S STREET SYSTEM AS STATED IN THE AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item CA.3 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.3, please see "Order of the Day." City of Miami Page 39 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 8793 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AN ADDITIONAL FORTY (40) VOUCHERS FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ("DEPARTMENT") TO THE MIAMI-DADE COUNTY HOMELESS TRUST TO REFER ELIGIBLE APPLICANTS TO THE CITY OF MIAMI'S ("CITY") MOVING ON PROGRAM FOR NON -ELDERLY PERSONS WITH DISABILITIES WHO ARE HOMELESS, ARE AT RISK OF HOMELESSNESS, OR ARE PREVIOUSLY HOMELESS AND ARE CURRENTLY IN PERMANENT SUPPORTIVE HOUSING OR IN A RAPID REHOUSING PROJECT PURSUANT TO THE CITY'S MAINSTREAM VOUCHER PROGRAM GUIDELINES; AUTHORIZING THE CITY MANAGER TO INCREASE THE NUMBER OF VOUCHERS FROM TIME TO TIME AS MAY BE NEEDED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0165 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Vice Chair Russell: The PH (Public Hearing) agenda 1 through 8. Is there a motion? Commissioner Carollo: On PH.2, I believe, there was being -- okay, that's staying, okay. 1 through 8? Vice Chair Russell: Yes. Victoria Mendez (City Attorney): On PH.7, Chairman. Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: Ijust wanted to state for the record with regard to PH. 7 and we'll modify that item. So, it would have to be passed as amended that the Brownsfield designation would be for all the properties that are in the item. However, I wanted to clarify, the backup showed that Southside Park had been previously designated in 2014 as a Brownsfield and it did not -- it was not. So, I need to clarify that for the record, and we'll put it in a whereas clause -- Vice Chair Russell: And would -- Ms. Mendez: -- as modified. Vice Chair Russell: -- we be designating the park as a Brownsfield at this point or not? City of Miami Page 40 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.2 8665 Department of Housing and Community Development Ms. Mendez: 1Vo. Vice Chair Russell: Okay. Ms. Mendez: No. Vice Chair Russell: So, noted. So, that will be an amendment. And if the mover and seconder or would accept -- Commissioner Carollo: Yes. Vice Chair Russell: -- that we can do -- Commissioner Carollo: Yes. Vice Chair Russell: -- it all in batch. Commissioner Carollo: Move on the PH agenda. Commissioner Reyes: Second. Vice Chair Russell: So, there's a motion by Commissioner Carollo seconded by Commissioner Reyes for PH.1 through 8 with a noted amendment on PH.7, agreed to by both. Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on the PH agenda. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $809,722.20 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0166 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Number PH.1. Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Russell, Diaz de la Portilla, Carollo, Reyes Watson For minutes referencing Item Number PH.2, please see Item City of Miami Page 41 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.3 RESOLUTION 8721 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM AUGUST 1, 2020 TO JANUARY 31, 2021 IN THE AMOUNT OF $139,770.27 FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMs ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0167 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. PH.4 RESOLUTION 8722 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP ("HOME") PROGRAM FUNDS GENERATED FROM AUGUST 1, 2020 TO JANUARY 31, 2021 IN THE AMOUNT OF $75,878.04 AND AN ADDITIONAL AMOUNT OF $49,530.00 OF RECAPTURED FUNDS, FOR A TOTAL AMOUNT OF $125,408.04, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0168 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. City of Miami Page 42 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.5 RESOLUTION 8310 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTIONS GRANT ("ESG-CV2") FUNDS IN THE AMOUNT OF $5,028,813.18 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO CAMILLUS HOUSE, INC., AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-21-0169 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.1. City of Miami Page 43 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.6 RESOLUTION 8728 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO A QUITCLAIM DEED ("DEED") FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO THE CITY OF MIAMI ("CITY"), ACCEPTING A PUBLIC PURPOSE CONVEYANCE OF TWO (2) PARCELS, A PARCEL LOCATED AT 401 SOUTHWEST 1 STREET AND 40 SOUTHWEST SOUTH RIVER DRIVE CONTAINING APPROXIMATELY TWELVE THOUSAND EIGHT HUNDRED FORTY-ONE (12,841) SQUARE FEET, AS LEGALLY DESCRIBED IN THE DEED ("PARCEL 6925"), AND THE OTHER PARCEL LOCATED AT 135 SOUTHWEST SOUTH RIVER DRIVE CONTAINING APPROXIMATELY THIRTY- TWO THOUSAND EIGHT HUNDRED EIGHTY-FIVE (32,885) SQUARE FEET, AS LEGALLY DESCRIBED IN THE DEED ("PARCEL 6876"); FURTHER AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION 29B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FDOT FOR A PERPETUAL, NON- EXCLUSIVE THIRTY (30) FOOT WIDE EASEMENT OF APPROXIMATELY THREE THOUSAND FOUR HUNDRED (3,400) SQUARE FEET OF A PORTION OF CITY -OWNED PROPERTY LOCATED AT 1 SOUTHWEST SOUTH RIVER DRIVE ("PARCEL 809") FOR THE PURPOSE OF ACCESS, BRIDGE MAINTENANCE, AND EQUIPMENT AND/OR MATERIALS STAGING OVER, UPON, ACROSS, IN, AND THROUGH PARCEL 809; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE TWO (2) ADDITIONAL GRANTS OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FDOT FOR A PERPETUAL, NON-EXCLUSIVE THIRTY (30) FOOT WIDE EASEMENT OF A PORTION OF PARCEL 6925 OF APPROXIMATELY TWO THOUSAND SIX HUNDRED TWENTY-FOUR (2,624) SQUARE FEET ("PARCEL 807") FOR THE PURPOSE OF ACCESS, BRIDGE MAINTENANCE, AND EQUIPMENT AND/OR MATERIALS STAGING OVER, UPON, ACROSS, IN, AND THROUGH PARCEL 807 AND A PERPETUAL, NON-EXCLUSIVE THIRTY (30) FOOT WIDE EASEMENT OF A PORTION OF PARCEL 6876 OF APPROXIMATELY NINE THOUSAND FIVE HUNDRED FORTY-THREE (9,543) SQUARE FEET ("PARCEL 808") FOR THE PURPOSE OF AN UNOBSTRUCTED VIEWSHED OVER, UPON, ACROSS, IN, AND THROUGH PARCEL 808; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-21-0170 City of Miami Page 44 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.6, please see "Order of the Day" and Item Number PH.I. PH.7 RESOLUTION 8673 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 145, 155, 165, AND 191 SOUTHWEST 12TH STREET AND 1105, 1115, 1131, AND 1133 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA 33130 AND KNOWN AS THE BRICKELL FIRE STATION GREEN REUSE AREA (COLLECTIVELY, "SUBJECT PROPERTY"), A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0141 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH.1. City of Miami Page 45 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.8 RESOLUTION 8723 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "GROVE UNDERLINE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-21-0171 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For minutes referencing Item Number PH.8, please see Item Number PH.1. City of Miami Page 46 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PH.9 RESOLUTION 8865 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND DETERMINATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ON BEHALF OF THE DREAMERS BREAKING BARRIERS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS INCLUDING THE CITY CODE AND CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PH.9 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.9, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 47 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8733 MAY BE WITHDRAWN City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION Office AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND 3260/3270 HOLDINGS, LLC FOR THE PURCHASE OF A PROPERTY LOCATED AT 3260 SW 29 STREET AND 3270 SW 29 STREET, MIAMI, FLORIDA 33133 (COLLECTIVELY, "PROPERTY") FOR A PURCHASE PRICE OF TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($2,350,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B213507, DISTRICT 2 PARK LAND ACQUISITION, AND ADDITIONAL FUNDS ALLOCATED FROM A SOURCE TO BE DETERMINED, IN AN AMOUNT NOT TO EXCEED TWO MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,425,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number RE.1, please see "Order of the Day." City of Miami Page 48 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.2 8705 Outside Counsel RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER TO PLACE ON TWO (2) SUBSEQUENT CITY COMMISSION AGENDAS AN ORDINANCE ADOPTING A TEXT CHANGE TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EFFECTUATE A BAN ON GAMBLING, SUBJECT TO CERTAIN EXCEPTIONS. ENACTMENT NUMBER: R-21-0173 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Watson NAYS: Diaz de la Portilla, Reyes Vice Chair Russell: We're going back to the beginning and we're going to rock right through. RE.2, direct the City Manager for a ban on gambling. Is there a motion on this item? Commissioner Watson: Move. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Carollo. Is there any further discussion? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: You are recognized first, and you are recognized second. Commissioner Reyes: I think that we went through this before, that we've been requested or ordered to grant a resolution or an ordinance that we're going to ban gambling in the city of Miami. I don't think that we should be ordered or requested. This is something that has to come from us. I don't think anybody has the right or the power to tell us what type of legislation we have to do. So, that I will not support this now, and as I didn't support it (UNINTELLIGIBLE), and I don't want to tie our hands either because of -- I mean somebody's philosophical opposition to anything you see. That we have to think about the whole city. If you are so much against gambling, go after the lottery. The lottery is the one that really hurt the people, that hard working individuals that they go to the, I mean, the store and they by $5 scratch and $20 scratch, and you see that most of their salary goes there. I mean, if you so feel so bad and so strongly against gambling, let's go. I'll go with you, because I did oppose the lottery and it was -- I mean they promised that it was going to be for education and what they did is they took all the funds from education and now we are financing it with the lottery and placing a lot more burden in the local taxes for education, and I mean, if you want to do that, let's do it. But this is something that I think that it is -- I mean, it's an abuse ofpower. Vice Chair Russell: Thank you, Commissioner. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you Chair. For the sake of brevity, ditto, I'm not voting for this either. City of Miami Page 49 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Okay. Well, for my part, 1-- there's a motion and a second. I'll be the tiebreaker on this because for the same reasons you said, we should be setting our laws, not someone else. My worry is that the State is going to be setting our laws -- Commissioner Reyes: Absolutely. Absolutely. Vice Chair Russell: -- and that we may get preempted, and that the portability of license may affect us. I'd like to set our line in the sand today and if we want to change that later and make for allowances, that's fine. But 1 am very open to this. I do believe it needs an amendment to remove any of the language having to do with the settlement because this is a pure resolution directing the manager to bring a ban on gambling, having nothing to do with the prior settlement a lot of the whereas clauses refer to that settlement. So, 1'd like to remove that language. Is that all right, Madam City Attorney? Commissioner Reyes: Mr. Chair, what this -- who -- where this came from? Whose idea was this? Vice Chair Russell: This was originally part of the settlement. Commissioner Reyes: No, it wasn't part of the settlement. No, no. We didn't vote and that -- Vice Chair Russell: No, no, no -- Commissioner Reyes: We didn't vote, no, no, no, no -- Vice Chair Russell: -- you're misunderstanding me. It wasn't in the settlement. Commissioner Reyes: It wasn't in the settlement. Vice Chair Russell: This was brought up during the negotiation. Commissioner Reyes: It was brought up because -- Vice Chair Russell: -- as one option -- Commissioner Reyes: -- because after reaching an agreement, then they said, "Well we want this." That's not the way we do business, sir. I'm sorry, and I stand by the consequences, and I don't care what anybody says, you see, I am opposed to gambling as anybody else, butt don't like to be dictated by nobody. Vice Chair Russell: Thank you. Madam City Attorney, is it okay to strike that language with regards to the settlement? Commissioner Diaz de la Portilla: Ditto. Vice Chair Russell: Clear, noted. Victoria Mendez (City Attorney): Yes, we can remove that. Vice Chair Russell: Thank you, does the mover and seconder approve the amendment to remove the settlement language in the whereas clauses. Thank you. Is there any further discussion on the dais? Hearing none, all in favor say, "aye." Commissioner Carollo: Aye. City of Miami Page 50 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Aye. Any opposed? Commissioner Diaz de la Portilla: No. Commissioner Reyes: No. Vice Chair Russell: Motion passes 3-2, as amended. Thank you very much. That's RE.2. See, we can get controversial stuff done quickly. Commissioner Reyes: Okay. RE.3 RESOLUTION 8829 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2021, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF FIRE CHIEF AND POLICE CHIEF AND REQUIRING APPROVAL BY A MAJORITY OF CITY COMMISSIONERS WITHIN FOURTEEN (14) DAYS OF ANY SUCH APPOINTMENT; MORE PARTICULARLY BY AMENDING SECTION 4(D) AND SECTION 26 OF SAID CHARTER; FURTHER DIRECTING THE CITY ATTORNEY TO PRESENT SAID AMENDMENTS TO THE CITY COMMISSION AT THE JULY 8, 2021, CITY COMMISSION MEETING FOR APPROVAL. ENACTMENT NUMBER: R-21-0174 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Carollo, Reyes, Watson NAYS: Russell, Diaz de la Portilla Vice Chair Russell: RE.3, prepared charter amendment for police and fire chief. Is there a motion on RE.3? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Is there a second? Commissioner Carollo: For the purpose of discussing it and bringing it back, and I suggest that every one of us would meet with the City Attorney and express their point of views. I will second it. Commissioner Reyes: Yes. Commissioner Carollo: I have every right, obviously, like any of us, to change my mind on this later on, before we have to put it in a referendum, but for the meantime, I City of Miami Page 51 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 think it might be wise, and it might send a message out, if we are studying to put something in the November election. Vice Chair Russell: There's been a motion. There's a second. Further discussion. Commissioner Reyes: I just want to clarify this. This is only to set a process, which we don't have. We don't have a set process. And what -- you know, the consequences if we don't have a set process is that can be violated. It can be circumvented. And the two most important positions in the City of Miami has to do with public safety. And I think that we have to have a process where the most qualified, a person that has been vetted and interviewed by a committee of experts should be recommended to the City Manager. So, the City Manager could pick from those. And if the City Manager doesn't agree we just start the process again. But have a process. And that's the only way that we're going to have transparency in this, Mr. Chair. The only way that we have transparency -- and we are not going to have all the different type of -- I would say doubts that have been created. It -- it is by having a process. I'm a process person. Vice Chair Russell: Thank you. Commissioner Reyes: Okay. Vice Chair Russell: Mr. Clerk, you had a comment? Todd B. Hannon (City Clerk): I'll let Commissioner Diaz de la Portilla go first. Vice Chair Russell: Commissioner, you're recognized. Commissioner Diaz de la Portilla: Thank you, Mr. Chair. I think the City Charter is very, very clear as to the powers and responsibilities of each one of us, including our City Manager, City Attorney, our Mayor. I think it's very, very clear. There's no ambiguity in it whatsoever. So, I'm going to be opposing this, Commissioner Reyes. I think the Manager -- the Manager has the right, sole right, exclusive right to pick the police chief and I think that he can set the process himself. Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: Pm going to be -- hold on, let me finish. This is -- it'll be a minute. Commissioner Reyes: Okay, go ahead. Commissioner Diaz de la Portilla: And so, I'm going to oppose this, Commissioner Reyes. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes, this does not take any power away from the manager at all. The only thing is that it sets the process, and this -- the final decision is made by the manager. It's not made by the Commission. And he has -- what will provide the manager if -- with group of names that have been vetted, had been interviewed, and their expertise in the field, it is going to be determined. And this, instead of taking power from the manager, will assist the manager in making an intelligent decision. Vice Chair Russell: Thank you. Commissioner Reyes: And if the manager doesn't like any one of the proposed candidates, the process can be started again. City of Miami Page 52 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: The Charter, gentlemen, is voted upon by the people. Commissioner Reyes: That's right. Commissioner Carollo: So, whether is the present Charter, or a future Charter, that's change by the will of the voters of Miami, then that is the Charter. And charters and cities are changed every now and then. Commissioner Reyes: That's right. Commissioner Carollo: We try to make them better. Commissioner Diaz de la Portilla: Or worse. Commissioner Carollo: But again, I made my position clear. This is only to move this process along, look at it, and we'll see how we'll vote at the end. Vice Chair Russell: Thank you. Mr. Clerk, you're recognized. Mr. Hannon: Thank you, Chair. There is a substitution for RE.3 at the sponsor's request. This item is being substituted to reflect the removal of the language requiring City Commission approval within 14 days of the City Manager's appointment. Vice Chair Russell: And how would that substantively change it? Commissioner Reyes: What? Barnaby Min (Deputy City Attorney): The substitution requires only the process. Commissioner Carollo: Well, I intend that to come back, and we will see what changes we will make. Mr. Min: Mr. Chairman. Vice Chair Russell: Yes. Commissioner Carollo: I'm (UNINTELLIGIBLE) -- Commissioner Reyes: (INAUDIBLE) read it. Mr. Min: Yes. So, the original draft said the City Attorney was to draft an amendment to the City Charter creating a process, and that the final appointment was subject to City Commission approval. The draft has been amended with the substitution saying that solely the process should be spelled out, but it is not subject to seek -- the actual appointment is not subject to City Commission approval. So, as stated during the discussions, it remained solely within the discretion of the manager. Commissioner Reyes: Absolutely. Absolutely. (INAUDIBLE). Vice Chair Russell: Got it. Commissioner Carollo: I don't know if like the first more than the latter. The manager has had a lot in experience with meter maids, but not as much with police work. Vice Chair Russell: So, this will -- this, if it passes, would come back to us and the City of Miami Page 53 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 language could he amended even -- Commissioner Reyes: That's right. The language, I mean, it doesn't have Commission approval or anything. It's just the City Manager is the only one that has the power to pick. I mean, no power is taken away from the City Manager. The final decision is the City Manager. Commissioner Carollo: Listen, you're not going to offend me if you want to take some powers away. City managers aren't God. Commissioner Reyes: I know, I know. Commissioner Carollo: This is a -- this is a system. Well, let's -- let's get into how this whole City manager -- Commissioner Reyes: Okay. Commissioner Carollo: -- process came about. Commissioner Reyes: Yeah. Commissioner Carollo: It came about because before you had city managers in our country, you would have someone out of office, and the people that came in, they got rid of everybody, and just puts cities upside down. Commissioner Reyes: It is true. Commissioner Carollo: So, the powers that be in Mount Olympus decided that you had to find a city manager, a professional -- Commissioner Reyes: A professional. Commissioner Carollo: -- that -- Commissioner Reyes: Administrative. Commissioner Carollo: -- would stop that from happening when you had transitions in governments at the city level. And the concept was excellent. But there was one problem. You were dealing with human beings. And as that process moved along more, it got more perverted. Commissioner Reyes: Yep. Commissioner Carollo: And I will tell you now that in most major American cities, and smaller cities that have city manager process -- and I was a city manager myself once -- the City Manager doesn't have the real power and doesn't exercise it as the Charter states. So, all this stuff that the manager -- and the manager -- the power and stuff' you could tell that to somebody else, but don't tell me, because I'm behind the curtains. I'm not in front of the curtains. Commissioner Reyes: Yeah. Vice Chair Russell: Thank you, Commissioners. Commissioner Reyes: Okay. Thank you. Vice Chair Russell: Is there any fiarther discussion on the item? City of Miami Page 54 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: And by the way, 1 wasn't speaking on our manager alone. I'm speaking across the country. Managers as a whole. Commissioner Reyes: You were talking about Art? Commissioner Carollo: Managers as a whole, the whole country. How the process really is. Don't take it personal, Art. Vice Chair Russell: Thank you. And with all due respect and for my part, 1 do prefer the Charter as it is currently. So, I am not in favor -- Commissioner Reyes: It is your prerogative. I am trying to salvage the process that that process will bring more transparency to the selection of the two most important positions that are in the in a -- in our City government, which is fire and police, that have to do with public safety. Vice Chair Russell: Thank you. Commissioner Watson, that leaves you as the swing vote on RE.3. Are we ready to vote? Commissioner Reyes: Yes. Commissioner Watson: 1 thought that had already been established. We're only talking about what, the process? Commissioner Reyes: Yes. Commissioner Watson: And the manager ultimately picking. Commissioner Reyes: That's right. Commissioner Watson: I thought that was an amendment that changed everything. (UNINTELLIGIBLE). Vice Chair Russell: We haven't voted yet. So, two are opposed to actually creating a Charter question -- a ballot question for the Charter to change the process. And two are in favor. And so, I just wanted to let you know where are. Commissioner Reyes: What we're doing is creating a process. Commissioner Watson: No. I mean. Look, let me make comments on that, alright? I happen to think, and I guess I used maybe an elementary example relative to the selection of those individuals because they are important, right? As a general manager, I have a time period where I can't tamper with another player. But if I have a chance to sign LeBron, I'll pay the fine -- I don't care how I get him. Now, he may not be the options I have. But I have a chance to get him, then I'm going to get him. And so, when I look at the issues that we're dealing with, we can't tamper with another player. But if the players can talk to each other and convince another player, it's better than the options we have to come join the team, why would I tie their hands? So, now we're tying their hands. I say that in a simple way, Commissioner, just from that perspective. It seems like the Charter is clear. The manager will pick. We're going to establish a process that may not necessarily produce what we want it to produce. So, for that reason I like (UNINTELLIGIBLE) -- Commissioner Reyes: Let me -- let me clarify that, sir. Commissioner Watson: Okay. City of Miami Page 55 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: That does not preclude the manager saying, `Neither one of these candidates, 1 like. I am going to pick somebody else." But there's going to be a process, you see. And everybody that is going to be picked, you must, I mean, must be vetted and then must be interviewed. That's the only thing. By -- do you know -- like, for example, we had -- there was a committee, and that had very, very capable people in it, like Chief Dickson, Chief Harmes, you see? And they made the recommendations. And if none of them were agreeable to the manager, the manager could've said, "No. I mean, get me somebody else. " And then you can get your LeBron, you see. That's what I'm saying. But being -- bring transparency. That's the only thing that 1 want. Vice Chair Russell: Thank you. Commissioner Watson: So, -- so ultimately, the Charter amendment change, does it go to the voters? Commissioner Reyes: Yes, the voters are the ones that -- that's (UNINTELLIGIBLE) last word. Commissioner Watson: So, -- so I'll support that effort for it to go to the voters. Mr. Min: Because just so everyone is clear, the way that Chapter 2 of the City Code is worded is that once this resolution is draft -- it passes, assuming it passes, it directs the City Attorney to bring back the proposed Charter language, to come back in June or July, for this Commission to vote on. Assuming that Commission approves that proposed language, it would then go on the ballot in November. Assuming we're going on the November ballot. Commissioner Carollo: Right, Commissioner Reyes: Okay. Commissioner Watson: Okay. Commissioner Reyes: Call the roll. Vice Chair Russell: So, any further discussion? Commissioner Reyes: No. Vice Chair Russell: All in favor, say "aye." Commissioner Reyes: Aye. Commissioner Carollo: Ave. Vice Chair Russell: All opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Nay. Commissioner Carollo: Let me say this for the record. I asked the Manager for one thing and one thing only, that whoever he would hire would be someone that would be truly qualified. City of Miami Page 56 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: Yes. Commissioner Carollo: He did that. So, regardless of everything else, and we will -- are familiar with it. I will be giving this police chief my full support, because there's no doubt in my mind, he is truly qualified. And 1 hope for the city of Miami and our residents, that he succeeds and makes this department and our city better than it is. And he will receive my full support unless I see otherwise. Commissioner Reyes: That's very well stated. And it did pass, right? Vice Chair Russell: Well, 1'm trying to get there. For my part. The talent of a true good CEO (Chief Executive Officer) is to attract good talent. How they do that is their magic. And 1 believe the Charter's clear. But we do have a vote and if I'm not mistaken, it is 3-2 in favor of your item. Commissioner Reyes: Yes. Vice Chair Russell: Correct. All right. Motion passes. Mr. Hannon: As amended. Vice Chair Russell: As amended. Thank you very much. Commissioner Reyes: Thank you very much, guys. There is not ill intention. It's just to create a process. It's not because of a particular opposition to anybody. It's just creating a process. Vice Chair Russell: Thank you. RE.4 RESOLUTION 8854 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING APRIL 22, 2021 AS EARTH DAY AND COMMITTING TO PROTECT AND ENHANCE THE LONG-TERM HEALTH OF THE NATURAL ENVIRONMENT, COMMUNITY, AND ECONOMY; RECOGNIZING THE EFFECTS OF CLIMATE CHANGE CAUSED BY HUMAN ACTIVITY; AND ESTABLISHING A CLIMATE ACTION GOAL TO ACHIEVE NET ZERO (0) GREENHOUSE GAS EMISSIONS BY 2050. ENACTMENT NUMBER: R-21-0172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Watson Vice Chair Russell: RE.4 should've been passed this morning. Recognizing Earth Day. Is there a motion on RE.4, please? Commissioner Carollo: Second. Vice Chair Russell: Motion and a second. Any further discussion? All in favor say, "aye." City of Miami Page 57 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): And Chair, it's my understanding you would like to be a co-sponsor for -- Vice Chair Russell: Yes, thank you very much. Commissioner Carollo: Include me also as a co-sponsor. Mr. Hannon: Understood. Vice Chair Russell: Happy Earth Day. Commissioner Diaz de la Portilla: And me also, Mr. Chair. Vice Chair Russell: Noted. Commissioner Diaz de la Portilla as well. Commissioner Carollo: Is this the one that -- well, let me not ask. Vice Chair Russell: Which one'? Commissioner Carollo: Never mind. Let it be, okay. City of Miami Page 58 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.5 RESOLUTION 8864 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO (A) CREATE AND ADD A NEW CAPITAL PROJECT FOR DISTRICT 4 TO THE FISCAL YEAR 2020-2021 ADOPTED CAPITAL PLAN AND TO ADD, BUDGET, AND APPROPRIATE FOUR HUNDRED FIFTEEN THOUSAND DOLLARS ($415,000.00) FROM PARK IMPACT FEE ACCOUNT NO. 31100.291001.661000 FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 725 SW 63 COURT, MIAMI, FLORIDA ("NEW PARK PROJECT") AS SET FORTH IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI ("CITY") FISCAL YEAR 2020-2021 MULTI -YEAR CAPITAL PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 24, 2020 PURSUANT TO RESOLUTION NO. R-20-0307 AND AMENDED ON DECEMBER 10, 2020 PURSUANT TO RESOLUTION NO. R-20-0409 AND ON JANUARY 28, 2021 PURSUANT TO RESOLUTION NO. R-21-044 AND AS AMENDED HEREBY WHICH CONSTITUTE "AMENDMENT NO. 3 TO THE ADOPTED CAPITAL PLAN", (B) REVISE CURRENT APPROPRIATIONS AMONG PREVIOUSLY APPROVED PROJECTS DESIGNATED BELOW AND THE NEW PARK PROJECT, (C) FURTHER DE -APPROPRIATE, RE -APPROPRIATE, AND APPROPRIATE FUNDING FOR THE DESIGNATED NEW PARK PROJECT, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A", AND (D) TRANSFER AND ACCEPT FUNDING FROM THE GENERAL FUND NON DEPARTMENTAL RESERVE FOR UNCOLLECTABLE ACCOUNT NO. 00001.980000.896000 FOR A TOTAL AMOUNT OF SIX HUNDRED SEVENTY-SIX THOUSAND, NINE HUNDRED SIXTY-SEVEN DOLLARS ($676,967.00), WHICH WILL REPLACE THE SAME TOTAL AMOUNT OF SIX HUNDRED SEVENTY-SIX THOUSAND, NINE HUNDRED SIXTY-SIX DOLLARS AND THIRTEEN CENTS ($676,966.13) THAT HAD BEEN EXPENDED FROM THE DISTRICT 4 PARK LANDS ACQUISITIONS ACCOUNTS SET FORTH IN COMPOSITE EXHIBIT "A" WITH PARTICULARITY AND AS SPECIFIED IN THIS RESOLUTION SPENT PREVIOUSLY FOR CAPITAL PLAN PROJECT NO. B-50568 FOR THE RESPECTIVE PURCHASES OF 130 SW 51 PLACE AND 12 SW 47 AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO (A) AMEND APPROPRIATIONS AND MAKE NECESSARY DE - APPROPRIATIONS AND RE -APPROPRIATIONS RELATING TO THE GENERAL FUND TRANSFER OF FUNDS FOR THE NEW PARK PROJECT IN THE 2020- 2021 FISCAL YEAR OPERATING BUDGET AS ORIGINALLY AUTHORIZED PURSUANT TO ORDINANCE NO. 13926 ADOPTED SEPTEMBER 24, 2020 AND AS PREVIOUSLY AMENDED PURSUANT TO RESOLUTION NO. R-20-0409 ADOPTED DECEMBER 10, 2020 AND RESOLUTION NO. R-21-0043 ADOPTED ON JANUARY 28, 2021, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A" ATTACHED AND INCORPORATED (COLLECTIVELY, City of Miami Page 59 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 "COMPOSITE ATTACHMENT A" AND WHICH CONSTITUTE THIS "AMENDMENT NO. 3 TO THE FISCAL YEAR 2020-2021 OPERATING BUDGET") AND (B) TO ADJUST, AMEND, AND APPROPRIATE THE ADOPTED OPERATING BUDGET AMOUNT FROM THE GENERAL FUND AS NECESSARY FOR CHANGES TO THE FIVE- YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI- YEAR CAPITAL PLAN IN CONNECTION WITH THE NEW PARK PROJECT AND HEREWITH; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS AND MEASURES NECESSARY TO NEGOTIATE AND EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, ALL NECESSARY DOCUMENTS AND TO TAKE ANY AND ALL NECESSARY ACTIONS ON BEHALF OF THE CITY TO ACQUIRE FEE SIMPLE TITLE TO 725 SW 63 COURT FOR USE AS A CITY PARK UNDER THE NEW CAPITAL PROJECT NO. 40B-213414; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS TO ISSUE A REQUEST FOR PROPOSALS TO SEEK DEVELOPMENT OF 130 SW 51 PLACE, 12 SW 47 AVENUE, AND 2601 SW 13 STREET AS PART OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S AFFORDABLE HOUSING SINGLE FAMILY FIRST TIME HOMEOWNERSHIP PROGRAM; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ACCORDANCE WITH ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADMINISTRATIVELY EFFECTUATE ALL ACTIONS APPROVED HEREBY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-21-0175 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: I'd like to pass the remainder of the RE (Resolution) agenda. That's 5, 6, and 10. Noting that 10 is a four -fifths -- Commissioner Carollo: RE -- City of Miami Page 60 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: RE.5, RE.6, and RE.10, or any one of those. Would someone like to pull -- would someone -- would anyone like to pull one of those specifically, separately? Commissioner Diaz de la Portilla: What are they? Vice Chair Russell: So, RE.5 is to allocate funds for property acquisition. RE.6 is to make our outdoor dining program permanent, and RE.10 is to execute purchase -- Commissioner Reyes: 1 move it. Vice Chair Russell: -- and sale agreement. Moved by -- Commissioner Carollo: Second. Vice Chair Russell: -- Commissioner Reyes on all three items, seconded by Commissioner Carollo, please. Commissioner Carollo: Can you please, Mr. Clerk, put me as a co-sponsor with Commissioner Reyes on RE. 6? Todd B. Hannon (City Clerk): Yes. And 1 also have Commissioner Russell as a co- sponsorfor RE.6. Vice Chair Russell: Yes. But 1 have some clarification and -- Commissioner Watson: (UNINTELLIGIBLE) Mr. Clerk. Vice Chair Russell: Yes, thank you. So, we have -- Commissioner Reyes: Thank you. Vice Chair Russell: -- four co-sponsors on RE.6. Commissioner Diaz de la Portilla: Me too. Vice Chair Russell: Unanimous co-sponsors on RE.6. Commissioner Reyes: Thank you. Vice Chair Russell: Now, with that in mind, I'd like to raise something that I would like the Public Works Department to work out on this issue. We have an established sidewalk cafe permit program, which generates a lot of fees. Some restaurants pay over $25,000 a year. I don't want to create two parallel programs that are not only on an unlevel playing field, but actually disincentivize what we want. Commissioner Reyes: Absolutely. Vice Chair Russell: We want people to use the sidewalks first, and then the parking spaces. Commissioner Reyes: Absolutely. Vice Chair Russell: If we are charging -- and for current -- currently, we have a current moratorium on charging.for the sidewalk permits because of the emergency and we're trying to help everyone recover. But eventually we'll bring that back. It is a significant source of revenue. And it is our right of way. City of Miami Page 61 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: 1 understand that, and I would support you on that. Vice Chair Russell: So, the idea is just Pr Public Works to work on this program, to create a level playing field for both the sidewalk dining, and this parking spot dining program, obviously in conjunction with the Miami Parking Authority. Because this -- a permanent version of this will create a hole in their budget. I would say for now, during the emergency, we don't want this to be charged. Commissioner Reyes: No. Vice Chair Russell: But in the long-term version -- Commissioner Reyes: Then -- Vice Chair Russell: -- the long-term version would look for a monetary compensation to the City and/or the MPA (Miami Parking Authority) to utilize these spots. Commissioner Reyes: May I add that we give them enough time for them to recoup some of the losses that they have, and then ask them to ask fbr a permit, like, or renewal of the permit they had. Vice Chair Russell: Thank you. Excellent resolution. Unanimous co-sponsorship. You don't need an amendment. It's just a direction to work on that program in that way. Mr. Min: Roger, Commissioner. Commissioner Reyes: Thank you, sir for (UNINTELLIGIBLE). Vice Chair Russell: It's -- it's good legislation. RE.5, 6, and 10, any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? The motion passes on the RE agenda. RE.6 RESOLUTION 8910 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO MAKE THE TEMPORARY OUTDOOR DINING PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. R- 20-0156 ADOPTED ON MAY 14, 2020 AND EXTENDED BY RESOLUTION NO. R-20-0231 ADOPTED ON JULY 23, 2020 A PERMANENT PROGRAM. ENACTMENT NUMBER: R-21-0176 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.5. City of Miami Page 62 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.7 8885 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTIES LOCATED AT 1641 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5911), 1649 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5920), 1651 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5910), 1653 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5900), 1644 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5850), 1628 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5840), 27 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-0201-010-1020), AND 5 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-0201-010- 1070), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT "A" (COLLECTIVELY, "PROPERTY"), BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC PURPOSE OF ESTABLISHING PUBLIC PARKS WITHIN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL, EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY, AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY FOR AND ON BEHALF OF THE CITY, FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN. ENACTMENT NUMBER: R-21-0177 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes Noter for the Record: For additional minutes referencing Item Number RE.7, please see "Public Comments for allltem(s)." Commissioner Carollo: RE.7. City of Miami Page 63 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: You'd like to make a motion, Mr. Carollo? Commissioner Carollo: Motion for RE.7. Vice Chair Russell: It's been -- Commissioner Carollo makes a motion on RE7. Is there a second? Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Is there any further discussion on the dais? Seeing none, all in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? City of Miami Page 64 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.8 8884 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTY LOCATED AT 625 NORTHWEST 16 AVENUE (FOLIO NO. 01-4102-005-5660), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT "A" ("PROPERTY") BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC PURPOSE OF THE ESTABLISHMENT OF PUBLIC PARKING TO SERVE A HIGHLY FREQUENTED AREA WITHIN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY FOR AND ON BEHALF OF THE CITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO DELEGATE THE AUTHORITY PROVIDED HEREIN TO ACQUIRE THE PROPERTY BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION TO THE DEPARTMENT OF OFF- STREET PARKING, AS MAY BE DEEMED REASONABLE OR REQUIRED BY THE CITY MANAGER AND THE CITY ATTORNEY. ENACTMENT NUMBER: R-21-0178 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes Commissioner Carollo: Motion for RE.8. Vice Chair Russell: Commissioner Carollo moves RE.8. Is there a second? Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Is there any further City of Miami Page 65 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.9 8912 Office of the City Attorney discussion on the dais? Victoria Mendez (City Attorney): For RE.8 -- Vice Chair Russell: Yes. Ms. Mendez: -- it's as amended. There was a substitution that was passed out. Vice Chair Russell: There was a substitution on RE.8? Todd B. Hannon (City Clerk): Not necessarily a substitution. 1 believe what they want to do is just amend it to add an Exhibit B. So, the legislation is going to be amended to add Exhibit B. Commissioner Carollo: Okay. Ms. Mendez: Thank you. Commissioner Carollo: I accept the amendment. Vice Chair Russell: Seconder? Commissioner Watson. Commissioner Watson: Second. Vice Chair Russell: Do you accept the amendment of addition of the Exhibit B? Commissioner Watson: Second. Vice Chair Russell: Thank you. All in favor of the item say, "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, INCLUDING THE FILING OF A DECLARATORY ACTION, TO SEEK CLARIFICATION ON ANY CONFLICTS BETWEEN THE FEDERAL CONTROLLED SUBSTANCES ACT OF 1971 AND FLORIDA LAW CONCERNING THE SALE, POSSESSION, AND DISTRIBUTION OF MARIJUANA. ENACTMENT NUMBER: R-21-0162 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: So, if there -- could we pass one more item before lunch? RE.9 since we dispensed with PZ.12. This is simply, giving the City Attorney direction to file a declaratory action regarding the dispensary' appeal and interpretation of State versus Federal law? City of Miami Page 66 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: So moved. Commissioner Reyes: Second. Commissioner Watson: So moved. Vice Chair Russell: Moved by Commissioner Reyes -- moved Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Diaz de la Portilla: Hold on a second. Vice Chair Russell: Open for discussion. Commissioner Diaz de la Portilla: Thank you. Could you be more -- more specific on what you want to do, Madam Attorney, and -- and why you want to do it? Victoria Mendez (City Attorney): Yes. Commissioner, I feel that there's a discrepancy or a conflict between State and Federal law. And I just want to ask a court of law to opine on that. Commissioner Diaz de la Portilla: One more question. Have any other 31 states that have passed either recreational or medicinal marijuana done the same thing? Ms. Mendez: I'm not sure if they have, but I cannot give you advice to -- to open or allow marijuana dispensaries until we have a little more clarification, that's all. And remember, you can always do anything you want regardless of what advice I gave you. Commissioner Diaz de la Portilla: And what's the cost to the City of this add -- additional legal action that you're seeking now? Ms. Mendez: It wouldn't be an additional cost it would be born within our -- the duties of this office and the services we give you. Commissioner Diaz de la Portilla: Okay. Thank you. Vice Chair Russell: Thank you. It is -- it is actually amazing that there's over a thousand cities in the country operating without any clarity, and nobody has ever sought this -- Commissioner Reyes: Yeah -- Vice Chair Russell: -- interpretation. Commissioner Reyes: Never. We should. Vice Chair Russell: It is -- it is -- Commissioner Carollo: This is why we are in the City of Miami. Fast and furious. Vice Chair Russell: All right. Is there any further discussion on RE.9? Commissioner Reyes: No. Vice Chair Russell: Seeing none and -- and -- all in favor say, "aye." City of Miami Page 67 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you, Madam City Attorney. You'd like to break for lunch? 3 o'clock, we will return. Thank you -all very much for your patience. Good morning. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: 3 o'clock. Unidentified Speaker: 3 o'clock? Vice Chair Russell: Yes, we return at 3:00. I'm sorry, can't hear you. (COMMENTS MADE OFF THE RECORD) [Later...] Vice Chair Russell: We're back from lunch. City of Miami Page 68 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 RE.10 8891 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 1649-51, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTIES LOCATED AT 1649 NORTHWEST 5 STREET AND 1651 NORTHWEST 5 STREET, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), FOR A PURCHASE PRICE OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED IN AN AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($2,675,000.00) TO COVER ALL COSTS OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND ALL CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-21-0179 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number RE.IO, please see Item Number RE.5. END OF RESOLUTIONS City of Miami Page 69 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 8681 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VIII/SECTION 35-292 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING LOTS/ISSUANCE OF PRIVATE PARKING VIOLATIONS PROHIBITED," TO MAKE THE REGULATIONS CONSISTENT WITH SECTION 21-46 OF THE CODE OF MIAMI-DADE COUNTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13990 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Watson Vice Chair Russell: We're going to dispense with the second reading ordinances, please. If Barnaby, who is the fastest reader in the room, could read SR.1, 2, 3, and 5 into the record, please. Barnaby Min (Deputy City Attorney): Yes, sir. Vice Chair Russell: That's a good chance for anyone who needs a bathroom break, while Barnaby reads those four ordinances into the record. Mr. Min: SR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: SR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: SR.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: SR.5. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Okay, finished? Let's wait until everybody comes back. Our Chair has been sitting there without -- our Chair has been sitting there without -- I paean, my goodness, I don't know how he held it for so long. Commissioner Diaz de la Portilla: He's a young man. Vice Chair Russell: (INAUDIBLE). City of Miami Page 70 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: 1 mean, you were holding it man. Mr. Min: Mr. Chairman on SR.5, the City Attorney is suggesting a proposed amendment for the Commission's consideration, that's the food truck one. She's proposing that there will be a requirement that all mobile operations acquire any and all necessary permits required by the Building, Planning and Zoning, and any other departments prior to starting any business operations in the City pursuant to this section. Vice Chair Russell: Thank you. There may be a couple of amendments on that, so let's see if we get a motion, but have you read all of them into the record? Mr. Min: Yes, sir. Vice Chair Russell: All right. Let's take them one at a time really quickly. [Later...] Vice Chair Russell: SR.1, is there a motion -- Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Move it. Vice Chair Russell: -- on SR.1? Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Motion by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. Any further comments? All in favor say, "aye. " The Commission (Collectively): Aye Vice Chair Russell: Motion passes. City of Miami Page 71 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR.2 ORDINANCE Second Reading 8781 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY MAKING CERTAIN CLARIFICATIONS AND MODIFICATIONS AND FACILITATING THE EXPEDITING OF THE CAPITAL PROJECTS THAT WOULD BE LISTED ON ATTACHMENT "A" REFERENCED IN THIS SECTION, AS AMENDED FROM TIME TO TIME AND APPROVED BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13991 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Watson Note for the Record: For additional minutes referencing Item Number SR.2, please see Item Number SR.1. Vice Chair Russell: SR.2, economic stimulus awards. Commissioner Diaz de la Portilla: Move. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 72 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR.3 ORDINANCE Second Reading 8065 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED", SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35- 236 OF THE CITY CODE, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE WYNWOOD NORTE PARKING TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item SR.3 was deferred to the May 13, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.3, please see "Public Comments for all Item(s)" and Item Number SR.1. Vice Chair Russell: SR.3, parking improvement trust fund. Commissioner Reyes: Move. Commissioner Diaz de la Portilla: Move. Vice Chair Russell: Did we ever set -- this is Commissioner Watson's' district, so let's wait for him to comment. I need clarification on what we -- he's working. Commissioner Carollo: Let's jump to SR.4 then. Vice Chair Russell: SR.3, Commissioner Watson, the parking improvement trust find fir the Wynwood Norte. Commissioner Diaz de la Portilla: Been moved. Commissioner Watson: Yes. We're going to move that -- Commissioner Diaz de la Portilla: Second. City of Miami Page 73 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: Second. Vice Chair Russell: Moved by Commissioner Watson, second by Commissioner Carollo. What was the end amount that you settled on with regard to a per space fee? Commissioner Watson: 17,500. Vice Chair Russell: One second. Commissioner Reyes: 1 really -- Mr. Chair, I was shooting for a little bit more, but I will support my colleague. Vice Chair Russell: Got it. So, 17,500 is the product of a horse trade, 1 see. Compromise, I like that. Commissioner Reyes: Compromise, yes. Commissioner Diaz de la Portilla: We can't trade here, we can only compromise. Vice Chair Russell: All right. So, there's a motion, there's a second, and I assume that's an amendment or a substitution because it wasn't in the original legislation, correct? Commissioner Watson: It wasn't. 1 thought it was done last meeting, but that also wasn't done. Cesar Garcia -Pons (Director, Planning): It'd be an amendment. It's currently 15,000. It will be amended to be 17,500 for full space and then half of that for half space. Vice Chair Russell: Does the mover and the seconder approve the amendment? Commissioner Watson: Yes. Vice Chair Russell: Thank you. Mr. Min: Mr. Chairman. Vice Chair Russell: Yes. Mr. Min: Mr. Chairman. Again, unfortunately the version that went to print is that 15, 000. Vice Chair Russell: Yes. Mr. Min: If you're going to increase the amount that is an issue under the case law that would require an additional reading. Vice Chair Russell: All right. Mr. Min: So, if that's the proposed amendment that you want -- Vice Chair Russell: Got to make it complicated, don't you, Barnaby? Can we do that additional reading now? Mr. Min: No. Commissioner Diaz de la Portilla: You have to notice. City of Miami Page 74 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Min: If that's the notice amendment that you want, we can bring it back on May 13th -- Commissioner Watson: Yes. Mr. Min: -- with that increased amount. Vice Chair Russell: So, that would reset this as first reading; is that correct? Mr. Min: You could either do it that way and adopt it as first reading or we'll just make the amendment between first and second, you delay second reading until May 13th. Vice Chair Russell: So, it would be a deferral of the item with an amendment and second reading. Mr. Min: Right. Bring it back with the increased amount. Vice Chair Russell: Commissioner Watson, which way would you like to do it? Commissioner Watson: Wait a minute. Come, Burnaby. Mr. Min: Because it's been advertised today at $15, 000. Commissioner Watson: Okay. Mr. Min: If you're going to increase it higher than $15, 000, it would require an additional second reading. Commissioner Watson: Okay. Mr. Min: So, our suggestion is instead of doing that second reading today -- Vice Chair Russell: Defer it. Mr. Min: -- defer it to the seconding on May 13th so we can bring it back properly noticed at the increased amount. Commissioner Watson: Okay. That's fine. I accept that. Vice Chair Russell: Okay. So, there's' a subsidiary motion to defer the item. Commissioner Diaz de la Portilla: Second. Vice Chair Russell.• Just a moment. Clerk doesn't like it. Todd B. Hannon (City Clerk): No. There's a made motion simply to defer SR.3 to May 13th. Vice Chair Russell: Well, we have a motion already to pass it, don't we? Mr. Hannon: I think Commissioner Watson is going to be withdrawing his motion. Vice Chair Russell: But he hadn't yet, so it could've been a subsidiary motion. Mr. Hannon: It would've been awkward to try and -- well, yes, it could've been a City of Miami Page 75 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 subsidiary, yes. Vice Chair Russell: We love awkward. Alright, so, would you like to withdraw your item -- withdraw your motion -- Commissioner Watson: Yes. Vice Chair Russell: -- and make a deferral motion? Commissioner Watson: Yes. Vice Chair Russell: Thank you. Noted. Is there a second on the deferral? Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Thank you. To the next meeting, correct? Commissioner Watson: Yes. Vice Chair Russell: With direction for the amendment to 17,500. Commissioner Watson: Thank you. Commissioner Reyes: I'll move it. Vice Chair Russell: It's already been moved and second. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on SR.3. City of Miami Page 76 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR.4 ORDINANCE Second Reading 8860 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X/SECTION 2-814 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT/ENFORCEMENT PROCEDURES," AND SECTION 2-817 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO PROVIDE FOR SPECIFIC FINES FOR IRREPARABLE OR IRREVERSIBLE HARM, AN INCREASE IN FINES FOR ALCOHOL RELATED OFFENSES, AND AN INCREASE IN FINES FOR NON- RESIDENTIAL AND COMMERCIAL PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13992 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Commissioner Carollo: Okay. If we could take up one ordinance in second reading, SR.4. Vice Chair Russell: SR.4 is a four -fifths vote amending Chapter 2, Article X, Administrative Code Enforcement: Enforcement Procedures. Is that a motion, Commissioner Carollo? Commissioner Carollo: Motion. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. Is there any further discussion on the dais? Please read it into the record, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I have one question or, actually, direction, I guess, on this item to the administration. It's not to amend the item, but just to create a path for those who are trying to come into compliance, especially on temporary use permits and temporary event permits. They can easily get caught up in this chapter and get some pretty heavy fines. And when someone is creating temporary events and temporary use that we intend -- that we want to see in a blighted spot, to activate that spot, I'd like to see them get the best concierge service from the administration to walk them through that process. Sometimes they're a little lost. They find yourselves in violation. They can easily get caught up. So, I'd really like to see some attention on TEPs (Temporary Event Permit) and TUPs (Temporary Use Permit). Thank you. Commissioner Carollo: All right. There's a motion. Vice Chair Russell: Yes. There's been a motion and a second already. Any further City of Miami Page 77 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 discussion? Commissioner Watson: Is that -- Vice Chair Russell: We are on SR.4. Commissioner Watson: Is that a motion on the TEP? Vice Chair Russell: I'm sorry? There's no -- no. There -- the only -- I did not amend the item. I did not amend the item. I just gave a request to the administration to assist those who are trying to work on legitimate TEPs and TUPs. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Where are we exactly? Vice Chair Russell: SR. 4. Commissioner Carollo: Second reading. Commissioner Diaz de la Portilla: Was this -- Commissioner Watson: Yeah. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: This is enforcement procedures. The City Attorney just read it into the record. It enhanced penalties for enforcement viol -- code violations. Commissioner Diaz de la Portilla: Oh, that's what we did last commission meeting? Commissioner Carollo: That's correct. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. And this is -- and your clarification was? I caught the tail end of it. I'm sorry. Vice Chair Russell: Simply that those who have temporary use permits and temporary event permits legitimately be guided through the process by the administration, so they don't inadvertently fall -- a foul of the law and get caught up in a heavy fine. So, this is meant to go after those who are violating the code, those who are operating incorrectly, correct, Commissioner Carollo? Commissioner Carollo: Right. Absolutely. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: And to expedite that process, right. So, people can -- okay. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Perfect. All right. That's fine. Thank you. Vice Chair Russell: Item has been read into the record. We have a motion and a second. This is a four fifths. All in favor of the item say, "aye." City of Miami Page 78 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passed. [Later...] Commissioner Carollo: Before the chief would go, Chair, ifI could -- Vice Chair Russell: Yes. You're recognized, Commissioner. Commissioner Carollo: If I could, through the manager or have the chief up here. Mr. Manager, is it okay? Chief we passed two ordinances, one is in second reading for some very high fines compared to the $500 we were giving before. Now we could give up to 1,000 a day, all the way to the time they go to code enforcement, which the earliest would be probably 45 days, maybe 60 days. So, it'll be $45, 000, $60,000 that these people pay. For most of them, that could mean anywhere from two, three days, to one day of business. Because they make that much money with these illegal bars. Now, the second one that we passed today is a companion. That's the second bite at these people. This is one that the taskforce is not going to have an option. They have to make arrest, just like the one that understood was made in my district over the weekend. In one place that, during CO VID, had been a violator in opening without a CU (Certificate of Use) or tax license, BTR (Business Tax Receipt). So, the second one, once it's effective that we approve it in second reading, is going to give you the tools that this city never had before to make sure that all these places that operate in the shadow of the night, that operate basically in cash, and that's the most dangerous part, the cash involved, because that's what corrupts code enforcement officers, police officers, firefighters, building officials down the line, and, yes, including elected officials. That cash, we're going to stop it in the city of Miami and they're going to have to go somewhere else, with this legislation that we're giving you. The resolution that was passed today, it talks about activities pertaining to narcotics, prostitution, human trafficking and gambling. Where these activities are basically found are in alcohol establishments that are dealing under the dark, most of the times with no license whatsoever to operate with. So, that taskforce, when it goes out, will be checking at this, too. But what I'd like you to do, Chief even though I don't have as many bars or cafeterias that are cafeterias by day and become illegal drinking establishments with the girls selling the $20 beer or whatever it's going for today. I don't have much of that in my' district. I would like to respectfully request of you, through the manager, that you begin in my district with these checks. I don't care where you go after you're done with my district. But that you begin in mine. To give you a little bit of history on how a lot of these bar checks started: When I was mayor, I created the taskforce that included everybody, including ICE (Immigration and Customs Enforcement), and we went through all these places that were illegal, that had no license to sell hard liquor. The girls were selling the beer at $20 a shot, all kinds of stuff were going on. And I will tell you that less than a handful of those places are left today. What they're doing inside, I don't know, because it's a new world that I came back to, and I'm not supposed to go with the police in my own district or point out to them, like I do, places that they should look at. Now, through the manager -- Mr. Manager, would you have any problems whatsoever if I could sit down with the police chief and give him a list of places that he should begin going to -- at in my district? And even if they want to invite me to happily go with them? Mr. Noriega: Of course not. Commissioner Carollo: Olcay. Last but not least, Chief I'm going to give you Channel 51 newscast today, where there were bars from the outside in my district that were filmed, on the outside, just the name, and there was a picture that you couldn't tell City of Miami Page 79 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 how the girl looked, because they had it blocked, and they were claiming that there was prostitution. And one of my colleagues is accusing me ofprotecting prostitution in my district, which is the biggest farce in this city. So, 1 want you to begin by those in that newscast, to go there, investigate them, and please arrest anyone and anything that is violating our laws, and particularly with prostitution, narcotics, human trafficking, gambling, et cetera. Thank you, Chief Vice Chair Russell: Just a moment, Commissioner Diaz de la Portilla, would like to be recognized, but I just want to recognize the Chief I believe this is your first time addressing the City of Miami Commission. Chief Sas -- Acevedo, it's very -- it's good to have you here in the City of Miami. Would you like to address Commissioner Carollo's comments? Art Acevedo (Chief of Police): Sure, 1--1 would. Thank you very much, Commissioners, for your leadership and we're taking on this issue. These clubs that are unlicensed or unregulated are true crime drivers. They're a quality-of:life issue for our community. They bring crime, they bring blight and so you -- none of you are going to protect anyone, because it's my job and my police department's job to enforce the law. I would ask you to be our eyes and ears and the community to be our eyes and ears. If you have a problem location, let us know, but we're going to use a holistic, multi -disciplinary approach to deal with very complex issues, whether it's prostitution, gambling, illegal alcohol sales, whatever it is, we're going to do it. By the way, I know that the manager -- the taskforce we put together, I know that the manager shared those results, I'm proud of those results. We made quite a few arrests, we're not going to apologize for that, and tonight we'll be out for a second time. So, -- and I do share, Mr. Chairman, I don't know if we call you Vice Chairman or Chairman, but I do share that we need to make sure that we're enforcing -- that our -- our community -- our business community is trying to do the right thing, that the City has processes and systems in place to facilitate people that want to operate legally to get them their licenses in a timely manner. And I think we know the difference between players that are being dirty and not playing by the rules and those that are -- and trying to circumvent the rules and those that maybe are missing a permit or -- or two or whatever because there's -- the bureaucracy is not keeping up. So, I think that our -- our focus is going to be the worst of the worst, and I would urge every one of the commissioners, if you have a problem location, we -- we have the resources to start hitting them. You are our eyes and ears, and we stand with you to keep our community safe. Vice Chair Russell: Thank you Chief. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. Chief and I'm glad you acknowledged at the end, there's' a big difference between imp -- establishments that are not permitted, or may be missing one or two permits or CU. In fact we have a number of cases, I think we'll be hearing one a little bit later that had to deal with a missing CU, Certificate of Occupancy, we call it here, we call it CU, and other permits that are missing, for example, one particular establishment -- one of my colleagues brought up, about a month ago -- actually had -- after the fact I found out actually had a business tax receipt from the County and another colleague had brought up that they were selling, why wasn't the alcohol confiscated and all this, well, they actually had a catering license or special event promotion in that particular warehouse in Allapattah. And there was a couple of entries -- a number of entries that were given implying that that bar was an -- what -- that that club was an illegal club. There are clubs that may not be fully permitted, it's a civil infraction and we need the administration to walk them through that permitting process, because in a city in the 21st century, in 2021, as you know, because you come from a big city in Texas. New York had the meat packing district, Chicago had the Fulton District, or our Wynwood, started as these club spaces that where no illegal activity was taking place, it was kids City of Miami Page 80 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 in their 20s listen -- listening to electronic music, open air, some -- some were closed. These are warehouses, they're called the warehouse districts. They are areas that are in disrepair and that need to be revitalized. So we have entrepreneurs that are coming to our community from New York and other parts and are revitalizing these -- these distressed areas. In that process, as you know, the permitting process in Miami can be very, very difficult, and no human being, whether he's a commissioner or -- or you know, not -- a non -elected official, goes to anyplace and says, "Hey, excuse me, can I see your seven permits before I walk in? " For example, Superblue is having a difficult issue now, one of the museums is being built in my -- in my district because they cannot open because they need an additional permit. Rubell Museum had the same problem. So, permitting and missing permits is not a criminal offense, it's a civil infraction and we need you to be aware of the difference and I think you are, because you mentioned at the end between that activity, and I'll correct one of my colleagues today, it is not true or not correct that these bars are bars that are illegally -- because of alcohol licenses. These bars are fully licensed, fully permitted. These are cafeterias that at 7:00 p.m. at night turn into bars so they have their -- their -- their, you know, Florida permits. They have their County permits, they have the City permits, but they just turn into, you know, places where dens of prostitution and illegal gambling, and all kinds of things. I showed you pictures earlier today, because you were in my office -- just for full disclosure and wanted for you and for the manager to know that of pictures inside of these places where you have the illegal machines, which we call here (Foreign language) where you clearly have prostitution and people -- women dressed in a way that, you know, when you're having $20 beers, that's really the priority. To go not after clubs that are investing in our community and maybe are missing a permit two or three, but to go after the place that have been here for decades, and nothing's happened that have been engaging in these kind of activities and nothing has been done. I have a list already of over 14 of those places. I told you I would share with you and we're continuing our research to find out in all districts where these activities are taking place. The reason why we created -- why -- why I sponsored the pocket item today was to make sure it was made clear to the public that our priority, our priority should always be going after criminal activity first, prostitution, sex trafficking, illegal drug sales, illegal gaming. That should be our priority because we can't be everywhere. Secondary to that, it is not the job of the Miami Police Department to go after permitting issues, that's code enforcement. That's what they do, if there's illegal activity inside these clubs, that of course, you go after that. There are two different clubs, two different kinds of -- of animals here. One are pop-up clubs that are missing some permits where there is no illegal activity going on, there's no prostitution, there's no drug sale going -- drug sales going on or sex trafficking, and then there are ones that clearly are only made for that, that at 7 o'clock they become illicit centers where all kinds of activity takes place. That's why when the first resolution that Commissioner Carollo passed talked only of alcoholic beverages, I proposed that one today to make sure that we get our priorities straight. First, the criminal activity, the prostitution, the illegal gaming, drug sales, and then a different department plus the taskforce that we have now, that Carollo -- that Commissioner Carollo created, to deal with the permitting issue which is two very different things. And I want to make it very clear that this Commission knows its priorities. Thank you. Vice Chair Russell: Thank you. And just -- Commissioner Carollo: May I? Vice Chair Russell: Commissioner Carollo, you are recognized. Go ahead. Commissioner Carollo: I don't know if you or the City Attorney would like to answer that, or if you would like to bring your building director here to answer that. But first and foremost, whether someone has a permit or a CU with the County or not, or a City of Miami Page 81 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 revolving permit, the most important part is they need to get a permit, a CU with the City of Miami and a BTR with the City of Miami. Am 1 correct or not? If you could have whoever you would like to answer that to us. Vice Chair Russell: You are recognized. Asael Marrero (Director, Building): Commissioners. Vice Chair Russell: State your name and the -- Mr. Marrero: Ace Marrero, Building Director. So, I'm going to speak on behalf of Building for, you know, if you don't have a certificate of occupancy, you don't have the rights to occupy it and -- and obviously all business on a -- on a facility that has not been fully built. So, you know, in terms of a certificate of use, because there -- there might be instances where you might be doing a change of use and you might have very little construction involved, I'll let -- Commissioner Carollo: We -- we we're talking about -- Mr. Marrero: Construction. Commissioner Carollo: -- alcohol establishments. Mr. Marrero: Well, and -- and I'll refer to those establishments in -- in terms of construction. If-- if construction has been done without permits, we will go ahead and -- and issue an unsafe violation for all of those instances. In fact, the first time that the taskforce went out, we identified, I believe it was four sites that had done work without permits and those were properly cited for that infraction. Commissioner Carollo: But my -- my question directly is, in the city of Miami, everyone that opens a business, whether they have whatever they have from the County, they are required to have a certificate of use, yes, or no? Mr. Marrero: Yes. But I -- I just want to make it clear that building doesn't regulate certificate of use. Commissioner Carollo: I -- I -- I understand that. Mr. Marrero: Yeah. Commissioner Carollo: I understand that. Secondly of all, the BTR, which is a tax license, the city of Miami„ every business that's open is required to have a BTR, correct? Mr. Marrero: Yes, they do. And I'll let those depart -- you know, departments that handle that to -- to do that. Commissioner Carollo: Then -- then let's get whoever handles that come over then and explain it. Thank you. Eric Neurons (Assistant Director, Code Compliance): Good evening, Honorable Commissioners. Eric Neurons, Code Compliance. To the issue of BTRs, every establishment should -- night establishment should have a certificate of use from zoning for the type of business they're conducting, and they should also have a business tax receipt from Code Compliance. Vice Chair Russell: Did that answer your question? City of Miami Page 82 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Carollo: Alright. Well, I just want to get that in the record and that's as clear as it could be. Vice Chair Russell: Commissioner Diaz -- Commissioner Carollo: It requires a CU and a BTR, which for those who do not understand what a BTR is -- Mr. Neurons: A Business Tax Receipt. Commissioner Carollo: It is a business tax. Mr. Nemons: For the City of Miami. Commissioner Carollo: For the City of Miami. Mr. Nemons: Regardless of whether they have permitting from the County -- Commissioner Carollo: That is -- Mr. Neurons: -- or from the State. Commissioner Carollo: Now, in the instance that Commissioner Diaz de la Portilla is talking about. 1 wasn't there. I didn't see anything That's his business. All that 1 can go by is what our own people reported. They requested alcohol license. They requested a CU. They requested a BTR, and they were not provided with one. Mr. Nemons: Yes, sir, they did not have them. Vice Chair Russell: Which address is this that we're talking about? Mr. Nemons: 772 22nd. Commissioner Carollo: And again, if anyone -- anyone, whatsoever, has any information on any establishment in the city of Miami, but in particular, I'm asking in my district, that there's illegal activity going on in, and particularly alcohol establishments, please report it to the police department, report it to the manager, report it to my office, because since I've gotten here, I think every one of you know that I've been fighting illegal alcohol establishments, but not just since I got here, it's been my history, and we did such a good job when I was the mayor that when the next mayor came in, Mayor Diaz, he kept those taskforces going. Mr. Neurons: Yes, Commissioner, I think that the -- the current introduction of the formal taskforce will do a great service. The coordination between Building, between Fire, between the Police Department and Code will -- will help make sure that these establishments are -- are not a danger to the well-being of the residents. Commissioner Carollo: But sadly, when I came back, as a city commissioner, this time, my hands were tied. I had a city manager that didn't want us to participate in anything. The taskforce that were being sent, I never knew where they were sending them, I never knew what they did or the results of anything that they were doing. Mr. Nemons: Well, we've been coordinating with the police department and with fire and building and we -- Commissioner Carollo: Well, I -- I just want to say to all of you that participated this City of Miami Page 83 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 weekend in -- in the taskforce that was formed as this Commission requested of the manager to do, thank you. Mr. Nemons: Yes, sir. Commissioner Carollo: Because for the first time I've gotten fairly prompt information informing us what places you went to, what you did, and this is the least that we should be expecting, but this is that part of -- of how the City was being run in the past. Mr. Neurons: Yes, sir. Vice Chair Russell: So, I need a little help because I think --1 think we need a policy clarification, because for in order for staff to feel confident and do their job, they need clear direction and policy from this body. And we've talked -- Commissioner Carollo: We do. Vice Chair Russell: -- well we've talked about several different types of establishments that may be operating illegally at this point or -- or outside of code. And so, I want to -- and -- and I think we're all on -- I think we're all together -- Commissioner Diaz de la Portilla: Mr. Chair. Commissioner Reyes: Mr. Chair. Vice Chair Russell: May -- may I finish please. May I please? Commissioner Diaz de la Portilla: No, hold on. Vice Chair Russell: I think -- I think we're all clear on those who were illicitly trying to subvert the law -- Commissioner Diaz de la Portilla: No. Vice Chair Russell: -- we want to see that enforced -- Commissioner Diaz de la Portilla: Mr. Chairman. Vice Chair Russell: I -- I haven't stated my -- Commissioner Diaz de la Portilla: Oh, I'm sorry. I thought you were finished. Vice Chair Russell: No -- no. Not at all. Commissioner Diaz de la Portilla: I'm sorry. Vice Chair Russell: Not at all. Commissioner Diaz de la Portilla: Okay. Go ahead. Vice Chair Russell: And Commissioner Carollo, you've been very clear from day 1, zero tolerance policy on violations of the Code. You want to see people in compliance. You want to see people being enforced. This -- this concept of -- of whether there are - - I don't know if they're warehouse parties that pop up or they're warehouse establishments, I'm not familiar with them and -- and if they're missing a permit or two, I need to -- I need us to decide whether we're trying to encourage this and bring City of Miami Page 84 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 them into compliance or help them be successful businesses, or we're trying to enforce this and say, "No, if you want to operate, you need to go by the letter of the law. " So, I -- I need us to come as a body with a clear direction to Code, Police, and Zoning on this issue, please. Mr. Nemons: Well, Commissioner Russell, if I can clarify a little bit about what you asked. Vice Chair Russell: Yes. Mr. Neurons: Your question was, are these establishments that the taskforce is visiting, are they businesses who are just operating outside of the scope of -- of what they normally do with their certificate of use or BTR. 1 think Commissioner Carollo and -- and the taskfbrce's aim is to deal with unpermitted clubs, that in this pandemic are pop-up clubs that are a danger to safety, well-being. There's alcohol without permits, there's fire code violations because there's -- there are no -- they're unpermitted. They're totally unpermitted. They don't have a certificate of use they don't have a BTR so those are the types of businesses. We don't want to, you know, businesses that are working within the scope of the Code with -- they have a valid CU or a valid BTR, you know, we're -- we're not disc -- we're not really talk -- speaking on those issues, we were talking about unpermitted like pop-up club. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: Commissioner Diaz. Commissioner Carollo: That's correct, however -- Commissioner Diaz de la Portilla: No. Mr. Nemons: Yes sir. Commissioner Carollo: However — Commissioner Diaz de la Portilla: No. We're not talking about that. Commissioner Carollo: -- with the different resolutions that you got in here, we also want to see, going into different places that might look shady from the outside, might be shady inside, might not be -- Mr. Neurons.• Yes, sir. Commissioner Carollo: -- or might look right from the outside. Once you go inside, what's going on is illegal. So, we have an obligation to do -- in addition to what you just described, that is our main intention, to do those hard checks to make sure that where you have alcohol being sold, that every so often we go there, we check -- we see to make sure that they're being run legally and properly. Mr. Neurons: Yes, sir. And we coordinate with the Police Department and the State Department of Alcohol Beverage Regu -- and Tobacco Regulations — Commissioner Carollo: There -- there was a time in the city that we got invaded with illegal gambling machines. In fact, it cost a police chief his job because he confiscated so many of those illegal gambling machines and made so many arrests. If there are gambling machines in establishments in the city, and I reported to the prior chief; Colina, some places that had some, and in fact, it was confirmed that they had illegal gambling machines at the time. City of Miami Page 85 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Neurons: Yes, sir. And we can cite them within our codes. Commissioner Carollo: So, those are other areas that we need to go. But look, any place that you have prostitution, you have illegal gambling, you have underage women, you have narcotics being sold, you're dealing with cash. And those places are a hazard to our residents, and the only thing that they're going to be bringing to whatever area of our city that they're in is going to be bad elements and problems. And these elem -- places, we have to be on top of also. And all of us up here and the mayor, we haven't been able to go out in our own districts with law enforcement, with code, and be able to be part of the solution in cleaning these places out. And frankly, I don't know what has been done in the past. 1 frankly don't think enough has been done. So, by this body approving different ordinance, a resolution, we've given you -all the tools within the law, all the instructions and backing that you need to help our residents in cleaning our city up. You shouldn't have to be in fear of having sacred cows out there. There are no sacred cows and they could videotape all you want, while you go out there that could videotape you. They could take your picture. They could threaten you. But you're going to have the backing of at least the majority of this body. We want a clean city. We don't want those elements here. Mr. Neurons: Yes, sir. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. Eric, you said something -- Mr. Nemons: Yes. Commissioner Diaz de la Portilla: How are you, sir. Mr. Nemons: Good evening, Commissioner. Commissioner Diaz de la Portilla: Good evening, sir. You said something that was a little bit disturbing. You seem to be prioritizing these pop-up clubs over all these other clubs that I'll show you the pictures whenever you want to come, through the manager, of course, in my office -- that have been around for decades. And you seem to say that we're working on these pop-up clubs that are operating outside the law. Are these permits civil or criminal? These permit violations? Mr. Nemons: A lot of them are civil, Commissioner. Commissioner Diaz de la Portilla: Okay. So, a BRT [sic] -- Mr. Neurons: Those are civil. Commissioner Diaz de la Portilla: Civil, right? Mr. Neurons: But I -- I -- Commissioner Diaz de la Portilla: Pm sorry, I'm not finished. A BRT [sic] is civil -- a CU, is that civil? Mr. Nemons: That is civil, sir. Commissioner Diaz de la Portilla: Is prostitution criminal? Mr. Neurons: It is. City of Miami Page 86 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Diaz de la Portilla: Illegal gaming? Mr. Neurons: It is, sir. It's criminal. Commissioner Diaz de la Portilla: Sex trafficking, right? Mr. Nemons: That would be criminal, sir. Commissioner Diaz de la Portilla: Okay. And you -- and you're aware that they've been around for decades, some of them, right? Mr. Neurons: Yes, sir. Commissioner Diaz de la Portilla: Are you aware of that? Have you ever been told that these bars, these cafeterias are turned into bars at 7, 8 o'clock at night, in all districts because they are in all our districts except a little bit less in -- in Commissioner Carollo -- I'm sorry, Commissioner Reyes' district because it's out west, but in all our districts, we have these places. Mr. Neurons: Well, I think I -- Commissioner Diaz de la Portilla: But -- hold on. But you've never -- all these years? How long have you been here? Mr. Neurons: Ten. Commissioner Diaz de la Portilla: In all these years you've never made this a priority? You have to be told by this Commission in 2021 now, on April 22nd, that all of a sudden, these bars and cafeterias exist with names like (Comments made in Spanish, translated by Commissioner Diaz de la Portilla) Temptation, The Lips, Honduran Delights, and they don't sell Honduran food, illegal gambling, last Saturday, machines, you see it? Downtown Bar, (Comments made in Spanish, not translated). You have to drive by them. That's all you have to do. You see them. They have signs that say, "We're looking for women who are (Comments made in Spanish, translated by Commissioner Diaz de la Portilla) presentable." You don't want women that are not good looking. You want good looking women, right? Isn't that like a key sign that these bars are operating way outside the law and engaging in criminal enterprises, different between civil infractions that can be corrected and that may be through a permitting process, I'm not (UNINTELLIGIBLE) where they need to be because they may not be aware. That big difference between that and criminal -- and a criminal enterprise, and for you to be prioritizing, as you said, we're very concerned about these people operating outside the law and you weren't concerned for ten years? Are you listening to me, sir? Sir? You weren't concerned for these ten years that you've been here about all these places? Mr. Neurons: Commissioner -- Commissioner Diaz de la Portilla: They had to come to (UNINTELLIGIBLE) moment today when we had -- when this Commission had to vote on a issue; is that what happened? Mr. Neurons: Commissioner, we -- we're concerned, but I think there's a distinction to be made. Code compliance deals with -- Commissioner Diaz de la Portilla: Correct. And inside these places -- let me finish. These -- inside these places, you have -- I'll show you pictures of that too. Wiring all City of Miami Page 87 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 over the place, no fire sprinklers, all kinds of code violations across the board besides the prostitution, the drug sales, all the other stuff. You go inside, you'll see wires hanging all over the place, no fire sprinklers, no exit signs, exit doors blocked, no handicapped access. Commissioner Carollo: No fire sprinklers? Commissioner Diaz de la Portilla: Yeah. No fire sprinklers. Commissioner Carollo: You think they should have fire sprinklers? Commissioner Diaz de la Portilla: Of course. Let me tell you -- well, let me tell you why. Commissioner Carollo: Okay. So, then that you agree with the actions that the manager took? Commissioner Diaz de la Portilla: Absolutely. And let me tell you why he took those actions because we have to set the record straight. Mr. Neurons: If I may, Commissioner. Commissioner Diaz de la Portilla: Well, we had a briefing the night before that happened and the Manager and Nzeribe told me -- they informed me that night that the -- and Vicky was there too, our City Attorney, that some fire sprinklers were missing for a particular establishment. And I said, "Well, Mr. Manager, you need to shut them down. Because that's a life safety issue?" Mr. Nemons: Yes, sir. Commissioner Diaz de la Portilla: I didn't say, "Shut them down because of a permitting issue. Shut them down because of the life safety issue. "I would've ventured to say that all these places here and more have all kinds of life safety issues that you need to be enforcing beyond what the police has not been enforcing, which is the criminal activity, which Mr. -- I'm sorry Chief Acevedo told me that he will be focusing on that. And they're all over the place. But to me it's shocking that you, all of a sudden show this concern about pop-up establishments where there's no prostitution, where there's no illegal gaining, where there's no, you know -- there's no Commissioner Carollo: How do we know that there's no prostitution? There's' nothing else (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Well, because these establishments -- I'll tell you why. You know what -- I'm not done yet. Commissioner Carollo: Because you're saying it? Commissioner Diaz de la Portilla: I have the floor. No. I -- we know because that's not their purpose. And because all you have to do is just take a look at the body camera, the pictures of the -- inside these places. That's not their purpose. Their purpose is to do pop-up clubs for people in their 20s, who like to listen to electronic music like they did in New York, in Chicago, and all big cities. That's their purpose. Commissioner Carollo: Do -- do you think that -- Commissioner Diaz de la Portilla: Their purpose here, here, this purpose, is City of Miami Page 88 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 prostitution and this one too, and it goes on and on. The pictures are here. I have about 40 pictures here. Their purpose is prostitution and illegal activity, criminal activity. Commissioner Carollo: Well, then -- Commissioner Diaz de la Portilla: The pop-up clubs' purpose, so you know, Commissioner, is to revitalize warehouse districts and if it'll break -- if there is prostitution, of course you close it down, but that's not their purpose. These are kids in their mid-20s that are going to dance and listen to some famous DJ froni New York with some promoters promoting. It's wholesome. That's what we all did when we were young and that's what they're doing. That's very different than these people that are on payday go over here to solicit prostitutes and to do other things. And 1 think the priority of this Commission, this city, of all departments should be to go after criminal activity, first and foremost, to go after code violations, people that are serial code violators have been doing it for year in and year out, year in and year out before you were elected, Commissioner; before I was elected, way before, but you've been around, so you've known this, that you have not -- how about going this -- go here, go there, go there -- you never did that? So, tell me why. Mr. Neurons: If I may, Commissioner, I think we have to make a distinction about kids having rave parties and having warehouse parties with situations where we're having events that are a danger to public safety and welfare. So, I think every party that's in a warehouse is not an innocent rave. There -- there could be drug issues. Commissioner Diaz de la Portilla: Of course. Mr. Nenions: There could be unsafe structure issues. Commissioner Diaz de la Portilla: Of course. In any restaurant -- no, no, no. In any restaurant, in any restaurant, in any -- no -- Mr. Neurons: If I may, Commissioner, because I didn't interrupt. If I may. Vice Chair Russell: Please let -- let him finish. Commissioner Diaz de la Portilla: Okay. Mr. Nemons: If I may. So, I think we have to make a distinction, sir. Because if -- there is a difference. And as far as the criminal element of it, I'll leave that to the chief to address. We, at Code Compliance, our job is to assist. We don't enforce criminal infractions. So, when we're working and we're going on taskforce with the police department. We are there to assist with code matters, matters' that have to do with building code violation, solid waste. Maybe there's alcohol. See, because it's really not innocent at a warehouse party where there's drugs, there's underage drinking, there's alcohol. So, -- Commissioner Carollo: That's right. Commissioner Diaz de la Portilla: Nobody's saying -- Vice Chair Russell: Just a moment, please. Commissioner Diaz de la Portilla: Nobody's saying -- no, I need to follow up. He's addressing me, So, I'm going to -- Vice Chair Russell: Are you finished? City of Miami Page 89 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Neurons: Yes, sir. Commissioner Diaz de la Portilla: Nobody's saying that you can have drug use and all kinds of illegal activity at a house party, at a restaurant. You can have that everywhere. It could be -- it may or may not be the case. Some may be more innocent than others, who knows, right? But I will tell you what we know for a fact that these are all -- are illegal. We know this for a fact, right? So, it's not a question of going to want to say, "Well, this one has no drug sales and that one does. This one we know has prostitution." Commissioner Carollo: Well, hold on. How do we know, because you're saying something? Commissioner Diaz de la Portilla: No -- Commissioner Carollo: Show us the proof. Commissioner Diaz de la Portilla: No, the same way you know what I was doing when I went to a pop-up club. Commissioner Carollo: How do you know anything? Commissioner Diaz de la Portilla: You happen to know that, right? How did you know. Commissioner Carollo: What I'd like to add was what everybody else looked at, the reports, the videos. Commissioner Diaz de la Portilla: I know. I know. Well, (UNINTELLIGIBLE) look right there. You tell me what this is. Mr. Neurons: And Commissioners -- Commissioner Diaz de la Portilla: You want to see it? Commissioner Carollo: I can't see it, Commissioner. Bring it over to me. Commissioner Diaz de la Portilla: I will. I'll distribute to all the Commissioner -- in fact, I have it here because I'm going to make them part of the public record and I have an additional list. I'm going to make them part of the public record where it's clear and I'm talking about we have additional pictures -- Commissioner Reyes: Mr. Chair. Commissioner Diaz de la Portilla: -- but we have additional pictures that also show code violations, electrical, fire safety, light safety issues, all kinds of stuff. Commissioner Carollo: All that should be enforced. Vice Chair Russell: Gentlemen, gentlemen -- Commissioner Diaz de la Portilla: It's all part -- it's all part of the public record thatl want to have so that, you know, just by looking at it, you know, it's like that old Supreme Court case. I don't know what pornography is, but I'll know when I see it. I know when I see it. City of Miami Page 90 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Neurons: We'll address those issues -- Vice Chair Russell: Just a moment. Commissioner Reyes: Mr. Chair, please -- Vice Chair Russell: Commissioner Reyes, you are very recognized. Commissioner Reyes: Mr. Chair, let me tell you this. I mean, I think we're going in -- go -- we're going in circles. Two rights doesn't make -- two wrongs do not make a right. I mean, it is wrong to have a business without licenses as it is wrong to have prostitution and illegal activities in a bar. And our job as -- you as an officer of the City of Miami and you as the Police Chief your job is to go to both places and see that they comply with the law. Let it be prostitution if there's prostitution, arrest everybody. If there is no licenses and they're distributing liquor without license, then you call alcohol and whatever and you do what you have to do. You give them the -- mean, if it is wrong; it is wrong. We have rules. We have laws. And everybody, it doesn't matter if it is in a backyard, if it is in a warehouse, it doesn't matter if it is in a bar that has a machine, and all of that. Our job is to protect the residents and the citizens of Miami and those that don't comply with the law should be either cited or arrested, and that's it, that's it. It's very simple. I mean, I don't think that we have to -- Commissioner Carollo: Mr. -- Vice Chair Russell: Just a moment. Are you done, Commissioner Reyes? Commissioner Reyes: Yes. I -- Commissioner Carollo: -- acting code enforcement director -- Vice Chair Russell: Commissioner Carollo, you are recognized. Commissioner Carollo: Mr. Acting Code Enforcement Director, let me say this to you publicly. You and all your personnel that go out there and do the job that you're supposed to do in enforcing their laws. You will receive 100 percent of my backing, and I think the majority of this Commission and the Mayor. So, please have no fear in going out there because what you stated is the truth. These big pop-up places, they'd be more dangerous than the small ones. And I'm going to tell you why. Because the kind of money that these big places are making is not 2, 3, $4, 000 a night that these little bars are making. They're making 20, 30, 40, $50,000 or more, depending how many people they get there. It's all a cash business. This is why one of the people in the -- in one of these places. I don't know if he was in the video or not, has accounts in the Turks and Caicos Island. This is why the home he lives in, he's got in a corporation from the Turks and Caicos Island. This is why our next ex -corrupt cop from five -and -a -half years ago, arrested for stealing over $100, 000 in jewelry, when he as a Metro -Dade Police Officer in a raid and stole $100, 000 from the house that they raided, in jewelry, was caught, pleaded guilty, went to jail. And he's the manager now in one of these places. Doesn't that make you feel all goosey and good, huh, that this the guy that is running one of these places. Look, I could go on and on, but I'm not going to because I know in some of these pop-up places, from the manager to who set up the whole place, ran the bar, the bar attenders, the girls with the pompoms in the back and who the real owners are. In fact, the owner of one of those establishments, he's also in the -- opening up the medical marijuana places. So, for me to hear that these places are okay, is just a little misunderstanding of the CU, and then they come up with a bs, that all they got one of those revolving licenses, and I'm too old, for that and my record is clear. I fought this kind of corruption since I was very, very young, and in the legal gambling machines, I don't think that there's anyone City of Miami Page 91 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 that's been here since 2011, that even when 1 was in this dais as an elected official, I got in the midst of a fight that I probably shouldn't have, and it wasn't in my best interest or health to have gotten into that with some very bad people, a real mafia, because I thought a police chief and the people in his high command were doing the right thing in clearing our city of all these illegal gambling machines. Now, we got some back that are coming, a couple are here, a couple are there, but they are not in Miami like they once were. We stopped that, and this is why we need a proactive police department that's not going to allow organized crime, people that are involved in RICO (Racketeer Influenced and Corrupt Organizations Act) to keep coming back and trying to corrupt our city, corrupt our employees, and corrupt the whole system, and then dress themselves up like little Orphan Nanny. Vice Chair Russell: Thank you. Commissioner Carollo, I appreciate your words. 1'd like to weigh in on this because -- and Chief I think your mission is clear and you have the full support of this dais unanimously to carry out your mission. However, the issue with code is not clear and I'd like to make it clear whether it's -- whether a resolution is needed, because as chairman of a business improvement district, where small bars are trying to survive and they've been getting hit through the pandemic and the curfew and everything, they call me and say, `Listen, if you're going to have rules, enforce the rules because these illegal operations, or these unpermitted operations. These warehouse parties are sucking their business away -- Commissioner Carollo: That's right. Vice Chair Russell: -- and stealing all of the bandwidth and the profit." And it's not like people would come to his bar and then leave at midnight when he gets shutdown by our police because of the curfew, he says they don't even come anymore because they'll just go there straight from 10: 00 p.m. So, they were losing all their business to illegal operations. Forget about the life safety. If these warehouses are machine shops by day and party houses by night, who knows what could happen if something falls over or fire or occupancy limits. So, I would like to make sure that you have the full extent and -- of your powers and the support of this Commission to enforce our code. I apologize, Commissioner Diaz de la Portilla, but I disagree with you on this from a policy perspective. I really believe this is their priority as the code and the police has their priority. Commissioner Diaz de la Portilla: And I agree with you. Vice Chair Russell: But I want them enforced. I do not want -- Commissioner Diaz de la Portilla: -- I want everything -- I want everything enforced. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Not only a particular -- I don't want to -- targeted, is the word I want to use. I don't want to be targeting. I want all of them enforced equally. But to understand that when you -- I'm talking about code enforcement now, equally. It can be some of these, it could be some pop -ups, it can be establishments that are fully permitted, electrical wiring, plumbing, whatever it is, life safety issues, I want them all enforced. But for you to pick on the bars that you may have gotten a call from over entrepreneurs that are investing in your own district, I think that's a mistake. I think you're picking winners and losers. I think you enforce across the board for everyone. If they're in violation ofX law, you enforce it for anyone. You don't say, well, let's focus on pop -ups and forget about the legal establishment that may have an electrical violation or may be missing sprinkler or not have a fire extinguisher, right? So, I think the enforcement not -- no targeting, let's end that process and let's focus on enforcing the law, whether it's code, whether it's criminal, City of Miami Page 92 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 whether it's civil, across the board evenly and fairly. Vice Chair Russell: 1 disagree. The bar who called me is a legitimate operation following the law. Commissioner Diaz de la Portilla: That could be violating a code. Vice Chair Russell: But they are not. Commissioner Diaz de la Portilla: But they could -- how do you know? Have you been there? You know all of them? You check all their permits? How do you know the CU -- how do you know? Vice Chair Russell: All right the -- Commissioner Diaz de la Portilla: Because they called you and told you? Vice Chair Russell: Commissioner. Commissioner Diaz de la Portilla: Do you happen to know one of them? No; across the board. How can you be against, Mr. Chair; enforcing the law evenly and across the board. How can you be that? How does that work? Commissioner Carollo: No one is saying that. Vice Chair Russell: Because we know that the illegal warehouse is illegal. We don't know -- Commissioner Diaz de la Portilla: No you don't. Vice Chair Russell: -- that the legitimate bar that's been operating for 20 years is -- has some hidden violation. I'm talking about the ones that complained to me as the chair of their business improvement district, asking me, "Are you allowing illegal operations just because an entrepreneur comes into town. " Now, my wife is Brazilian. They have a word in Brazilian that I don't know if they have it in Spanish. We definitely don't have it in English, but it's called (Comments made in Portuguese, not translated). It means to find a little way to get something done. Brazilians are excellent at that, and I know Miamians are as well. We know how to make a buck, and you got to celebrate that to an extent. But we have illegal operations popping up on jet skis and people are dying. We have illegal operations popping up in bars and similar things could happen. I want that enforced. I believe the will of this Commission does as well. If we need to vote on it, we will. But I do not want to hamstring you or feel that there's a mixed message from this dais about enforcing illegal warehouses. Commissioner Diaz de la Portilla: I think we agree -- we agree. Commissioner Carollo: There's no -- there's no mixed message. Commissioner Diaz de la Portilla: No. I think we agree. Commissioner Carollo: I think the Code Enforcement Director, the Police Chief the Manager, every employee here listening, has understood what we've asked. Including enforcing small hidden establishments that we don't know what's going on inside. That's why you need to go and check them out. If there are a couple of illegal gambling machines, they got to be confiscated and not pat them in the back and tell them listen and get rid of them, call the crooks back in, call Vito, and take them back City of Miami Page 93 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 to Hialeah, to the factory, or the one on Bird Road that's still operating. If you've got girls with the $20 beers and they're grabbing something when you walk in, that's not a beer, something different, arrest her immediately. And believe you me,1 ran into that back when we established the taskforce. I even have mayors from the capitols of Central America, they came with me to see how we were doing it, so they could go back home and do it that way, and we trained some of their people here at the time. So, you need to hit the small ones too, if you find them. I truly don't think you have that many of that left, but you got some there and you got them in every district, no doubt about it. Mr. Neurons: Yes, there are. Commissioner Carollo: But we don't know unless you go inside. And you're obviously not going to know if you go there in uniform. You got to send in undercover officers first. Be there a while and see what you have, and if something's going on and then they call, you know, the taskforce and you go in and you clean house. But that doesn't mean that, you know, you're going to overlook one for the other. You have to go at them the same way, both of them and clean our city. This all we're asking, clean our city. Vice Chair Russell: All right. Have we satisfied this discussion, gentlemen? Commissioner Carollo: I think it is. Vice Chair Russell: We're good? Have we beat this dead horse with (UNINTELLIGIBLE) dead -- dead horse? All right. Commissioner Watson: So -- Vice Chair Russell: Commissioner Watson. Commissioner Watson: Thank you. Hey, man, I got to get me a kick in. Look, I think 1 just want to say this, and I think it started when you said about prioritizing, and I'm not so sure how long you've been in place. I know you've served in your position a short period of time. I think what everybody is saying is the same thing, look -- look (UNINTELLIGIBLE) then you have to go after it. Ifyou know about it then you address it. Mr. Neurons.: Yes, sir. Commissioner Watson: I think that sometimes our hands are tied. I can tell you I've passed by places, very deep in the city per se, and it's a dead street and in an hour it's like 200 people. I have someone who has legitimate business with this whole temporary event stuff right. They can tweet and have 500 people in their location within an hour -and -a -half. And also tweet, by the time they think somebody's corning and they're all gone. So, it's very difficult, but I think what the Commission is saying is to the extent you know, and you go after them. I think that's important. Mr. Neurons: Thank you, sir. Vice Chair Russell: Thank you. All right, gentlemen. Last meeting, I got you out of here by lunch. This time we didn't even make dinner. So, I'm going to make up for it in the air like -- Commissioner Reyes: You -- you did a great job last time. Vice Chair Russell: All right. Today not so much, but I'm going to get us there. If you City of Miami Page 94 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 work with me, we were going to work through the remainder of the agenda rather rapidly. I'm going to go back to the beginning and just finish out what we haven't gotten done. Ms. Mendez: Mr. Chairman. Commissioner Reyes: Yes. Vice Chair Russell: Yes, ma'am, City Attorney. Ms. Mendez: 1 just wanted to confirm the item, 1 believe it was FR.6 on alcoholic beverages. I wanted to confirm if this is coming back on May 13th, Jrothe second reading. Vice Chair Russell: So, it past on the first reading Commissioner Carollo, when would you like it to come back? Commissioner Carollo: Excuse me? Vice Chair Russell: FR.6, your alcoholic beverages ordinance, when would you like me to come back fbr a second reading? Commissioner Carollo: As quickly as possible. Vice Chair Russell: Two weeks, please. Ms. Mendez: So, May -- Commissioner Carollo: Next meeting. Ms. Mendez: -- May 13 is the next meeting. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Vice Chair Russell: Thank you -- okay. City of Miami Page 95 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR.5 ORDINANCE Second Reading 8696 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO ESTABLISH A PILOT PROGRAM FOR APP-BASED MEAL PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13993 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson SR.5 ORDINANCE Second Reading 8696 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO ESTABLISH A PILOT PROGRAM FOR APP-BASED MEAL PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13993 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson City of Miami Page 96 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 SR.5 ORDINANCE Second Reading 8696 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO ESTABLISH A PILOT PROGRAM FOR APP-BASED MEAL PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13993 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number SR.5, please see "Public Comments for all Item(s)" and Item Number SR.1. Vice Chair Russell: SR.5, at -base meal production on private land. Is there a motion for SR.5? Uh-oh. Commissioner Diaz de la Portilla: I'll move it for discussion purposes. Vice Chair Russell: Moved for discussion, seconded by the Chair. There are some amendments that we'd like to enter in the case that changes anybody's mind. Barnaby, you already stated the amendment you would like, which has to do with permitting -- Barnaby Min (Deputy City Attorney): Correct. Vice Chair Russell: -- to make sure all of these kitchens are permitted appropriately with the Building Department; is that correct? Mr. Min: Yes. That's correct. Building, Planning, Zoning, any other applicable regulatory entity. Commissioner Reyes: What? Could you please -- permanent? Vice Chair Russell: No. No. Permitting. Not permanent. Commissioner Reyes: Oh, permitting. Vice Chair Russell: You had a heart attack, didn't you? Commissioner Reyes: Okay, okay. Sometimes I hear with my accent also, you know. Vice Chair Russell: Thank you. And a couple other amendments I'd like to request. And this is -- could be trivial. But in H.1, the words of cooked food could be striked. The words of cooked food because they also serve sushi. Commissioner Reyes: Yes. City of Miami Page 97 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: We don't want to make sushi illegal under the Code, so. Commissioner Reyes: Yes, I agree with that. Commissioner Diaz de la Portilla: And Ceviche, too. Commissioner Reyes: And Ceviche, they cann sell, too. Vice Chair Russell: And Ceviche. Yes. Commissioner Reyes: Okay. Vice Chair Russell: Another amendment request is under 2(C), to take out the words ancillary use Pr A. This is -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: -- the phrase -- and it seems trivial as well. Mobile operations are permissible only on private properties with an active certificate of use within T-5, 6, CS, CI, DI, D2, D3, transect zones where, and then the words ancillary use for A would be crossed and it would say transect zones where the use category of food services establishment is allowed. So, let's just take another word ancillary, and it means that use has to be allowed. Commissioner Reyes: Food. Vice Chair Russell: That makes sense. Commissioner Reyes: Only food. Vice Chair Russell: So, if the mover accepts that, the seconder does as well. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Okay. Commissioner Watson: You say it's only food, right? Commissioner Reyes: Yes, sir. Vice Chair Russell: Yes. This is food. No retail. Commissioner Reyes: No retail. Vice Chair Russell: Under 2(D), the word properties would be struck, which is to say that mobile operations, mobile operation units, or food delivery vehicles shall not be located on public properties. So, the word properties would be struck. It would say public right-of-way. There may be opportunities or reasons as we did during the pandemic where we did use public property. So, properties would be struck. Is that an amendment that the mover would -- Commissioner Diaz de la Portilla: Yes, I'll accept it. Vice Chair Russell: Thank you. Seconder agrees as well. Final amendment is under L -- I'm sorry, I, of the same section. Adding the word as applicable to this sentence. All mobile operations must provide to the City their contract for servicing all grease City of Miami Page 98 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 traps as applicable and said contract must remain valid or the BTR (Business Tax Receipt) holder will be in violation of the section. So, if a grease trap is not required, they don't need to get one. Is that an amendment that's acceptable to the mover? Commissioner Diaz de la Portilla: Yes, it is. Vice Chair Russell: Thank you. And ifI'm not mistaken, that is the remainder of the amendments. So, there's been a motion, there's a second. Further discussion on the dais? Commissioner Carollo: This does not apply to D3 (District 3) or D4 (District 4). Commissioner Reyes: Or D4. Vice Chair Russell: Correct and correct. Mr. Min: Correct. The current City Code prohibits food trucks in District 3. Vice Chair Russell: Thank you. Commissioner Reyes: And it's one year? Mr. Min: (UNINTELLIGIBLE). Vice Chair Russell: Yes. One-year pilot program. Commissioner Reyes: Also, the CBD downtown, the DDA (Downtown Development Authority), the -- Vice Chair Russell: I do not believe it's the DDA boundary. I believe it is the -- Commissioner Reyes: Business District. Vice Chair Russell: The Central Business District, CBD. Commissioner Diaz de la Portilla: CBD. Vice Chair Russell: CBD is also not included. Commissioner Carollo: The Omni CRA (Community Redevelopment Agency) disregard. Vice Chair Russell: I don't believe that that has been (UNINTELLIGIBLE). Any further discussion on the dais? All in favor of the items say, "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes unanimously. Look at that. Loving this group. Commissioner Reyes: You see how united we are? Vice Chair Russell: I'm calling it consensus. You like that word? Commissioner Reyes: Consensus. Vice Chair Russell: Trademark. Consensus. City of Miami Page 99 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Diaz de la Portilla: Maybe we're just tired. Commissioner Reyes: You know we can find common ground all the time. Vice Chair Russell: Just to make sure the minutes captured consensus. Alright. We got it. Commissioner Carollo: Okay. What's left? Vice Chair Russell: All right. We're rocking. [Later... Vice Chair Russell: Before we take up the last item, Madam City Attorney, I have a question about the pilot program on the satellite kitchens, and I forgot to mention this, and I hope it doesn't open the item back up again. The spirit of this legislation is to not allow on premises dining. Does the pilot program as written, preclude on - premises dining? Commissioner Reyes: On -premises -- yes, I understood that -- Commissioner Diaz de la Portilla: It does. Commissioner Carollo: It should not allow it on -- Vice Chair Russell: It should not allow it. Correct. Commissioner Carollo: No. Commissioner Reyes: I understood that it didn't. Vice Chair Russell: Pardon me? I don't believe I need an amendment because I believe it has been clear from the very start, this is meant for delivery and pickup. Victoria Mendez (City Attorney): So, apparently in the definition section, it's prohibited. Vice Chair Russell: It's prohibited. Commissioner Reyes: It's prohibited. That's what -- Ms. Mendez: On -- on -premises dining. Vice Chair Russell: Thank you. Okay. Then I don't need an amendment. Commissioner Carollo: Then why did we read in the paper yesterday -- Vice Chair Russell: Exactly. That's -- Commissioner Carollo: -- that people were going there to dine there? Vice Chair Russell: Enforcement. Enforcement. So, they have picnic tables and they -- they're meant to have a social area. And I know some of have done a site visit where the drivers can rest -- Commissioner Diaz de la Portilla: Yeah. City of Miami Page 100 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: -- and relax and be off the road, and that's great. But we do not want this to become a one-year food truck party location. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: It is not meant for that. It's not built for that; it's not zoned for that. Commissioner Carollo: We need to be specific with Code. Commissioner Reyes: Yeah. Commissioner Carollo: That they need to be monitoring these people, and if they catch them doing that, they got to fine them hard or close them down. Vice Chair Russell: They'll lose their pilot program. Commissioner Carollo: Yeah. Well, yeah. But a year later, you got to stop them now. Vice Chair Russell: No, no, no. Like, we would -- we have the right to stop this pilot program if it -- Commissioner Reyes: Yeah. At any time. Vice Chair Russell: -- doesn't go as intended. Commissioner Reyes: At any time. Vice Chair Russell: So, it's very important to me that they train their staff and their apps are set up so that there is not on. premises dining. Commissioner Diaz de la Portilla: And we also -- Mr. Chair, and we also need to make sure that they get their CU (Certificate of Use) on their Brickell properties, they don't have a CU yet. Commissioner Carollo: Yes, and a BTR (Business Tax Receipt). Commissioner Diaz de la Portilla: They have a BTR but no CU. You need them all. You can't just have one or two. Vice Chair Russell: Got it. So, no amendment is necessary. Thank you for the clarification. Commissioner Carollo: I agree with that. Commissioner Reyes: Yes, me too. [Later...] Victoria Mendez (City Attorney): Chairman? Chairman -- Chairman, wait. Wait. Vice Chair Russell: Hold on -- hold on, madam -- Madam City Attorney got to speak before that last item is passed. Ms. Mendez: Right. This is just -- so Chairman, you brought up a valid point about the delivery only to be consumed off:premises. We do have it in the definition section, City of Miami Page 101 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 hut it's only in the delivery food vehicle. To be crystal clear, 1 think we should add it also to the mobile operations, especially since we've already had issues. Vice Chair Russell: You really believe it's unclear in the legislation? Ms. Mendez: Well, you're -- if you're bringing up and asking the question, and also the fact that there's been some issues. Just to be crystal clear, it should be in the second -- Commissioner Carollo: They're using vans. Ms. Mendez: -- definitions. Commissioner Carollo: They're using vans. Ms. Mendez: Vans? Commissioner Carollo: What kind of vehicles are they using? Ms. Mendez: They're using delivery food vehicles and mobile operated -- Vice Chair Russell: Madam City Attorney, I'm satisfied. Commissioner Diaz de la Portilla: Let's just reconsider, add that vote it -- Vice Chair Russell: We can. Commissioner Diaz de la Portilla: I'll reconsider. Vice Chair Russell: Alright. Motion to reconsider SR.5 has been moved, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: SR.5, is there a motion to move SR.5 with all of the previous amendments plus an amendment adding on to -- Commissioner Diaz de la Portilla: So moved. Commissioner Carollo: There were two votes. Vice Chair Russell: No, there were three there were three to reconsider. Now there's a motion -- Commission Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: Go ahead. He's just playing. He's kidding around. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: We're going to be out of this in 30 seconds. Now, there's a new motion and a second to approve SR.5, hopefully, unanimous again, with all previous amendments plus an amendment clarifying no on premises dining. Ms. Mendez: On the -- the definition -- Vice Chair Russell: On the mobile -- City of Miami Page 102 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Mendez: Yeah. Vice Chair Russell: On the definition section. Commissioner Reyes: I move that. Ms. Mendez: Pefect, thank you so much. Vice Chair Russell: It's already been moved and seconded. All in favor say, "aye." Commissioner Carollo: Hold on, hold on. I want to make good amendment. There'd be no gambling machine, no prostitution, no narcotics -- Commissioner Reyes: And no liquid. Commissioner Carollo: -- (UNINTELLIGIBLE). Commissioner Reyes: And no liquid. Vice Chair Russell: Motion passes. Thank you all for your patience and advocacy. We are done for the evening. This is your Vice Chairman signing off Hopefully, I'll get a promotion someday and be your chairman. END OF SECOND READING ORDINANCES City of Miami Page 103 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8454 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI, FLORIDA ("CITY"), AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY DURING A TERM OF THIRTY (30) YEARS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: So, now we're in the first reading ordinances. We only have two of them left FR.1, which is a non-exclusive natural gas franchise agreement and -- I'm sorry, there's two of them. FR.3, Chapter 18 professional services amend the Code and FR.4, amend the code for a pilot program on fencing. Is there a motion on all three of those items? Commissioner Reyes: Move it. Commissioner Carollo: Second. Vice Chair Russell: Moved in -- moved by Commissioner Reyes, seconded by Commissioner Carollo. Please -- Commissioner Diaz de la Portilla: Pm sorry. I have a quick question on -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- on FR.4. Vice Chair Russell: Fencing. Commissioner Diaz de la Portilla: I'm sorry. On the fencing. Yeah. Is that the same program that we did in Commissioner Watson's'? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And 1'll ask the same question I asked back then. Is there an additional cost to property owners? Is this an additional burden to property owners? Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: Okay, and then the second question I had a City of Miami Page 104 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 concern that 1 spoke to the City Attorney about yesterday. Is there -- Madam Attorney, ifI may, Mr. Chair, through you. Madam Attorney, was there a concern with the fencing issue that perhaps axed police access to these lots or public access to these lots to clean them, or clean brush, or clean garbage may -- this way create a problem for them? Victoria Mendez (City Attorney): So, I've advised in the past that obviously fencing lots makes it a little harder for the City to access them. In this version for D4 (District 4), I believe at the time of building permit, we're going to ask for some sort of waiver - Commissioner Reyes: That's right. Ms. Mendez: -- or permission. However, even that sometimes can cause us problems or a delay. So, as long as everybody understands that sometimes fencing does cause a delay to be able to get into the property, clean it, clear it and all that -- Commissioner Reyes: Yes. Ms. Mendez: -- those are the concerns, you know, the legal concerns with lots of -- Commissioner Reyes: Commissioner, if1 may explain, the need for this is because every time that we have an empty lot, it turns into illegal dumping. 1 mean, and then everybody starts dumping in that. And 1 have the same problem that Commissioner Watson had, and 1 think that this at least will by to minimize so much illegal dumping. We have people from all over the County that comes and dump in our street and we try to curtail that as much as we can. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay Vice Chair Russell: Thank you. We have a motion. We have a second on FR.1, 3, and 4. Could the City Attorney please read them into the record? Ms. Mendez: FR1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I had told the commissioners, though that between first and second, we may work on the timeframes and most favored (UNINTELLIGIBLE) clause, the indemnification language so that may change between first and second so that we can tighten those items up. FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. And I understand, Commissioner Watson, you'd like to co-sponsor FR.1. Is that correct? Commissioner Watson: Yes. Vice Chair Russell: Thank you very much. That's noted. Any further discussion? All in favor of FR.1, 3, and 4 say, "aye?" City of Miami Page 105 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. FR.2 ORDINANCE First Reading 8727 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number FR.2, please see "Public Comments for allltem(s)." Vice Chair Russell: We'll now take on the day's agenda. I would like -- I believe the Mayor has a press conference at lunch on the environmental issues with regard to Earth Day. So, I would like a motion on FR.2 and FR.5, if the will is there. Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: This is FR.2, which is the building energy and water consumption bench marking, and FR.5, the fertilizer amendment. Commissioner Reyes: Hold on a second. Vice Chair Russell: You have comments. Commissioner Reyes: I have a question, okay. Vice Chair Russell: Well, open for discussion on the dais there has been a motion and a second, and we'll take both items together. Commissioner Reyes: Yes. I have a -- I have a question with it. I want to know if this is -- when we are going, I have anything -- nothing against going to building and seeing how efficient they are, or not. But what I want to know, what is going to be the City of Miami Page 106 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 action that we have to take -- that we're going to take? I mean, are we were going to just go right ahead and tell them that you have to change and go and spend a lot of money trying to make all the changes that we consider that you are -- that you are missing? And if that's the case, what's the timeline that they're going to have? And I want that to be quite defined and we need a lot of time. I mean, we have to provide everybody time. Vice Chair Russell: It's got to be fair. Commissioner Reyes: And that is that is a question that 1 have. I don't --1 don't like to see things open that could be interpreted according to whoever is reading it. Vice Chair Russell: Thank you, and 1'd like to speak on this because this is an item that I'm sponsoring. Commissioner Watson: So -- Vice Chair Russell: Go ahead, Commissioner Watson. Commissioner Watson: -- since you sponsored it, let me just ask, in the same vein with Commissioner Reyes. I mean, I don't know what's the point, it's just 20,000. I just want to know and make sure that we're not now heaping extra cost on the smaller guys. That's unfair, one, and 1 wasn't given those numbers or analysis of what we have and how that's affecting them, and then, two, ensure unlike another process I guess I have to bring up, are we giving time -- are we giving people the proper time to comply, as opposed to its due tomorrow. Commissioner Reyes: Absolutely. Vice Chair Russell: Thank you. Commissioner Watson: That's my only (INAUDIBLE). Vice Chair Russell: Thank you very much. Those are very valid concerns. I'd like to address that and I'm going to hand it over to Colonel Dodd to give some specifics. I'd like to thank his department because this is not a small piece of legislation. It is something that many cities in the country have taken on. But if we are to take the Mayor's directive, vision to get us to a net zero carbon emissions, we need first to at least measure where we are. We need to know how we're doing as a city, and if we've never actually measured ourselves, it's very hard to improve. One is what we can do from the public sector, but we also want to give the tools to the private sector to make those incentives -- to incentivize the appropriate behavior on reducing emissions, both water and energy. So, this is a -- this is -- this is organized by the Federal Government with regard to energy star ratings, and they have a free tool, a very easy online tool that any property owner or management company can just enter in their utility consumption every year, and -- and you -- you square that against their square footage, some simple factors just to see how efficient they are with their water and their energy; and so by creating this ordinance, we are asking all of our major construction, new and existing, to start doing this measurement. Then every jive years, we would see how they're doing, and they would get basically an energy star rating, a score, and it will be very apparent to them with recommendations on things they can do to become more efficient, but with no penalty if they don't. If -- it is on them, and I believe as business owners and landholders, they will see the advantage of the efficiencies that they will get on their utilities and beyond that. But there is no penalty for that. Commissioner Reyes: You answered my question. My question -- because I thought City of Miami Page 107 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 that we're going to make a law of every single building, how are they rated, and then we will come after them. And we have a lot of small -- and I mean, it's not small -- even if it is over 20,000 square feet, you see, people that are there striving and -- and they don't have the economic means to just go right ahead and change. Vice Chair Russell: I thought (UNINTELLIGIBLE) specifically -- Commissioner Reyes: If we are going to -- I mean, request that they en -- engage in changing all the -- their deficiencies, and I think we should provide some -- some help. What 1 wanted to make clear is this is going to be a law but it's not going to be totally 1 mean -- any intent of enforcing it immediately, or whatever. Before you try to enforce it, you have to come to the Commission. Vice Chair Russell: Commissioner, I thought of you specifically when sponsoring this ordinance and I wanted to make sure that we are providing incentives rather than punishment. And I don't know that that's filly there yet. So, I want to work with you and -- and Mr. Dodd -- Commissioner Reyes: I want to work with you too, sir. Vice Chair Russell: -- because I think there should be not only incentives to -- to reach those goals, but we should give them more than just an app. We should give them the resources. Commissioner Reyes: Yeah. Vice Chair Russell: If we really want to improve our city, we should be taking a further step than measuring, but actually incentivize. So, Colonel., if you've got any specifics on the implementation, bec -- and -- well, who -- who this applies to and who it doesn't apply to, because hardship is another big issue. Commissioner Reyes: Yes, it is. Vice Chair Russell: We don't want to put a burden on people unnecessarily. We want to give them tools and help, but we don't want to actually cause more trouble than we already do as a commission. So, Mr. Dodd, who does this apply to and when does it apply? Alan Dodd (Director, Resilience & Public Works): Okay. Alan Dodd from Department of Resilience and Public Works and I'm joined here with Ace Marrero from the Building Department that this program would fall underneath. The program "Building Efficiency 305" would apply to any buildings that are 20,000 square feet or greater. That is both commercial and residential, primarily multi family residential. They would go in and do the benchmarking starting in 2022 and that would be an annual requirement where they would go in and look at their water, electricity usage, and put it into the EPA's (Environmental Protection Agency) energy star portfolio to come up with their energy ratings which would be reported to us. Vice Chair Russell: Does that mean at the end of '22, they'll be submitting how they did in '22 or at the beginning of '22, they'll be submitting how they did in '21? Mr. Dodd: They will be submitting -- right now it's scheduled to start on June 30th of 2022 for the previous year, and we would put out more implementing guidance exactly how that -- the start and end dates and how they would be submitting through the Building Department. Vice Chair Russell: Got it. So, a little over a year from now we'll start the measuring? City of Miami Page 108 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Dodd: Ye -- yes. There is a lot that they will have to do, and 1 don't know, Ace, if you want to talk a little bit more about the steps of the Building Department has to do in order to begin implementing the program? Asael `Ace" Marrero (Director, Building): Actually, before -- before I go -- Vice Chair Russell: Just a moment. Ace, just a moment. Commissioner Diaz de la Portilla do you have a question for -- Commissioner Diaz de la Portilla: No, no, (INAUDIBLE) to clean the microphone, first. Vice Chair Russell: Oh, the microphone. He's just concerned. Ace, if you want to use the other microphone, you guys can speak together. Colonel, why would this be housed under the Building Department versus the Resilience Department? Mr. Dodd: The reason it is there is because Resilience Office has only got a few people in it. So, we helped to set the programs up, working with different departments and as we're looking at building management and operations, the Building Department was the -- the natural fit to oversee that they have the personnel who are experts in HVAC (Heating, Ventilation and Air Conditioning Systems) and electrical systems and can really help to not only getting these reports, but to make recommendations and help building owners to identify how to improve their efficiencies. Vice Chair Russell: Thank you very much. Good morning, Ace, how are you? Mr. Marrero: Good morning, Commissioners. Ace Marrero, Building Director. In discussing the implanting of this particular program, I would like to offer a -- a friendly amendment to the -- to the time -- timeline, shifting it just by six months, slightly around six months. Instead of July 2022 to October 1, 2022, for the reporting component. And then for the enforcement, October 1, 2023. The reason why it's because we have to make several adjustments in our permitting system to be able to intake this new -- Vice Chair Russell: Measurement. Reading. Mr. Marrero: -- measurement, right, and we also have to work with IT (Innovation and Technology) to develop a mechanism to push that data out to our community. And we also have to train and retain, qualified staff to manage the program. We do have the qualified staff already in the Building Department to review for the particular trades for mechanical, electrical components, but the staff that will be required to manage the program itself would be new. Vice Chair Russell: But you're open to it and you believe it's a worthy effort that the Building Department should take on? Mr. Marrero: Absolutely. I think it's a perfect lit. Vice Chair Russell: Have you considered, either department, who will be educating the public, the tower owners, the management companies encouraging the use of the - - the tool? Mr. Marrero: Absolutely. I think an outreach program -- it's critical and -- and we will be more than happy in take -- you know taking the lead with Alan Dodd and communications and that particular component. City of Miami Page 109 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Thank you very much. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. Now you're talking about hiring people, right? You 're going to be -- you need to hire additional personnel. Mr. Marrero: Yes, we do. Commissioner Reyes: Have you -- do you have an estimate on how much do we have to spend in this program? Mr. Marrero: We're estimating that there will be around -- to get the program started, at least two administrative staff, the professional staff to review and check for compliance, we already have that staff, but the administrative staff we're thinking is two, at the beginning of the program, to fully -- you know, once the program is fully running, we're thinking it's around four administrative staff to manage that program. Commissioner Reyes: Dollar -wise, how much -- Mr. Marrero: Two BSA Its (Building Service Assistant) and two BSA IIIs, that's what we have assessed that will be required. Commissioner Reyes: But how much is that going to cost? $200, 000? Mr. Marrero: Salary -wise? Commissioner Reyes: Salary -wise. Mr. Marrero: It's around $40, 000 per person. Commissioner Reyes: Per person, and you got four? Mr. Marrero: Yes, four of them. Yes. Commissioner Reyes: And -- but that is 40 without fringes. $40, 000 salaries without fringes. Mr. Marrero: Without fringe benefits. That is correct. Commissioner Reyes: Okay. That will be another percent. Mr. Marrero: There will be a -- maybe a 30 percent premium on top of that. Commissioner Reyes: 30 percent more, and so it's going to be around 60 per person. Mr. Marrero: Correct. Commissioner Reyes: Going to be around 240, 000. Mr. Marrero: Yes. Commissioner Reyes: (UNINTELLIGIBLE) that comes from general fund? Mr. Marrero: From the building permitting fees, we'll be able to sustain that. There will be a fee for this -- Commissioner Reyes: Wait, wait, wait -- City of Miami Page 110 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Marrero: -- program as well. Commissioner Reyes: -- wait, wait, wait. Isn't there a restriction in what we can use the building and permitting fees? Mr. Marrero: Right. Commissioner Reyes: Does this is fall into what we -- can be used? Mr. Marrero: Besides, there will be a fee charged for this program as well that we will collect. Commissioner Reyes: But hold on one second. Now -- now you're getting me all confused. You see -- now, let's make something clear. When you come to my building, you see, I have an apartment building. Any apartment building has 20,000 square feet, any, and -- I mean, most of them, Little Havana, Liberty City, and all of those old buildings. You come to my building and said, "Hey, listen, you have to make an analysis of-- I mean, what is your -- how -- I mean, how -- your efficiency rate. How are you rated in the use of -- of electricity, water, et cetera, et cetera?" Do I have to pay anything? There would be a cost? Mr. Marrero: To the building owner? Commissioner Reyes: To the building owner. Commissioner Watson: Uh-oh. Uh-oh. Commissioner Reyes: Uh-oh. Commissioner Watson: Uh-oh. Vice Chair Russell: The ordinance is not written so that there should be any costs to participate in the program. Commissioner Reyes: (UNINTELLIGIBLE). But Chair. Vice Chair Russell: Yeah. Commissioner Reyes: With all due respect, I like things clear. Vice Chair Russell: Yeah. Commissioner Reyes: You didn't -- there was a saying in Cuba, said clear -- I mean, clear things -- I mean, conserves friendship, you see. I have to get this clear in my head and see how I'm going to vote. Vice Chair Russell: Do you want to answer, Mr. Dodd? Mr. Marrero: There is -- there is a fee involved from the owner to, obviously, retain a design professional to make those calculations. So, there's a fee incurred by the owner to generate that report. Commissioner Watson: Okay. Commissioner Reyes: And how much is that fee? City of Miami Page 111 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Watson: Okay. No, no, no. Vice Chair Russell: Commissioners, this is the -- which report are you referring to that would incur a fee? Mr. Marrero: The energy efficiency report that gets submitted to the City. Vice Chair Russell: My understanding is it's a free tool through which they enter data, and that report is then submitted. Mr. Dodd? Commissioner Watson: Yeah. Mr. Dodd: Commissioners, the tool that's from the EPA is a free tool. However, it will take one person approximately a day to collect the data and input it into the program. So, that would be the cost to a building owner is that time that is invested to put together the report. Vice Chair Russell: That's -- that's -- right. But there -- is there a permitting fee involved? Mr. Marrero: No, no permitting fee involved. Mr. Dodd: There is not a -- Commissioner Reyes: But -- Vice Chair Russell: So, what's the fee you're referring to, Ace? Mr. Marrero: The fee that the owners going to have to incur to generate that report. Mr. Noriega: If I may? Commissioner Reyes: You see what I'm saying? Mr. Noriega: If I may. If I may, for clarity. It's not a fee generated -- Vice Chair Russell: This is the City Manager, I'm sorry. Without -- with masks, I have no idea who's talking. Mr. Noriega: It's not a fee generated by the City -- Vice Chair Russell: Correct. Mr. Noriega: -- it's a cost to the building owner -- Vice Chair Russell.• Right. Mr. Noriega: -- however they feel they're going to actually generate that data. They can do it with somebody in-house if they wanted, right? Or they could hire somebody, from the outside to do it. Commissioner Reyes: Mr. Chair? Mr. Noriega: But that's what it is, not a fee generated by the City of -- Vice Chair Russell: You're recognized, Commissioner. City of Miami Page 112 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: Yes. Mr. Manager, you can call that a cost or a fee. But it is a cash outlay that the property owners have to incur, you see? I mean you can call it anything. You can be -- I mean, it's prettier to say, "Well, it's your cost. " But everything that when you pay it, and -- and it is by law you have to pay it, it's a fee. I mean, here and every place. So, there is an additional cost to that property owner regardless of whether the apartment building or the -- whatever the building is, and I want to know how much is it? And another thing that want to correct you, ifI may, I might be wrong, but according to State Statute, you cannot -- and the limit -- the limitation that we have on the use on the building of permits and for the Building Department fees, you cannot do that. You cannot hire anything that is not, 1 mean, related to building, you see? Through the Building Department -- right on the Building Department. And 1 know this because I'm fighting. Pm trying to pass an amendment to that law that will free some fiords for the City of Miami from all the research that we have in the Building Department, and that's why 1 traveled to Tallahassee, and I almost got it, and I'm still alive, do you see? And since I got here, I've been -- I've been fighting for that, but you cannot -- not when you claim that we going -- the cost -- you see, our costs, the salary costs, is going to be covered by that fee. I -- ifI were you, I would make sure that that could be done. If not, it will have to come from general fund, do you see? And that adds an additional cost that we're going to have another burden that we're going to have in the general fund at a time that maybe our revenues are going to be short, you see? So, I don't know, Mr. Chair, there's a lot of things here that they're not clear. Vice Chair Russell: 1 hear your concern. Commissioner Reyes: You see, I mean -- and I like --1 paean, 1 want to support you, man. But I want things to be extremely clear. And I know that you want it to be clear too. Mr. Dodd: Absolutely. Commissioner Reyes: You see? So, why don't we defer this and -- Commissioner Watson: Mr. Chair? Vice Chair Russell: Commissioner Watson, you're recognized. Commissioner Watson: Mr. Chair, let me just say this. I know this is the day, and so it's not with respect to any of us. I just want to understand. Maybe there's some things I didn't hear before, which is why I didn't ask a question. But I can say this. Are there any -- first of all, let's go with the connectiveness. We already have issues relative to bad units, bad whatever right? Is four people going to be enough to enforce this? I don't know. I heard 40. Let's say it's 10 people because if you're not going to enforce it, why, are we doing it, right? You thought it was a free tool, no cost, no fee. It should be a tool from IT. We asked for more time to do it. But if a building owner is now putting those numbers in, they should just be able to spit it out. That's the EPA tool you're thinking about, right? So, I didn't know. Maybe I wasn't listening, that's my fault. I thought this was commercial facilities. Commercial meaning commercial. If we're talking about residential now, I heard, affordable housing, is that an opt -out? Because they use water, and so is it an opt -out because it's already tight for them. We already have a problem with tax runners coming here, prices going up. People are trying to find affordable housing. That's one more cost they have to bear. So, I guess the question continues, what do we do relative to answering those questions for everybody? Because, of course, the lady who spoke on something that's not related to the agenda, it has to be done in ePlans and so and so forth because then if it's not clear, that's when we get all the blow back from folks. City of Miami Page 113 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Mr. Dodd, can you answer those questions with regard to residential versus commercial and any opt -outs for exceptions on hardship or affordable housing? Mr. Dodd: Commissioner, it does apply to both residential -- multi -family residential and commercial buildings. Anything that is 20,000 square feet or above. Within the requirements, it does have some exemptions, and I'm trying to find those in here that it specifically -- Mr. Marrero: Section 8 is one of those exemptions. Those do not need to comply with the reporting requirements, and a little bit of a clarification in terms of residential buildings. Residential buildings, more than three units are automatically, considered a commercial building. So, even though they do house residential units by -- Commissioner Watson: But the category of the affordable housing -- Mr. Marrero: They're categorized as a commercial building. Commissioner Watson: But the category of affordable housing gets an opt -out, or they still have to report and pay? Vice Chair Russell: Say it again. Commissioner Watson: Does the category of affordable housing have an opt -out, or do they still have to report and pay? Mr. Marrero: The only section that's exempted right now is Section 8. I mean, I guess from now to the second reading we could evaluate other -- Commissioner Watson: No. Vice Chair Russell: Here's what I'd like to do because these are very valid concerns that I'd like to have addressed on second reading, and we would then defer a second reading if we haven't solved them. But my goal is that we still measure the efficiency affordable housing, but we don't make it a burden on the owners of affordable housing. So, I'd like to look at what those costs are, even if indirect; if it's time, iif it's whatever it takes for people to utilize the tool and learning the tool. Mr. Marrero: Plug in the numbers. Vice Chair Russell: But I'm not trying to create more work and costs for those who are already, having hardships. But we do want to measure them because oftentimes, those in affordable housing are some of the least efficient and some of those utility improvements could actually really help make those units run more efficiently, from a cost perspective, thereby bringing their costs down on affordable housing in the long run. So, none of this mandates the actual changes. It's really just a measurement tool, but I hear the concerns of my fellow commissioners, and I would like those addressed on second reading so that we get this right. I really want to include more incentives that really help. And this may take some of our budget. We may need to look into where this comes from, whether it's within the Miami Forever Bond, if that's applicable. This is a resilience project. If we we're to get to net zero, we need to measure ourselves, but we're not going to do it at the cost of those least fortunate in our community who already have plenty of burdens, both costs and time, on their shoulders. So, my hope is that we bring up today the concerns. Commissioners are welcome to work with you between now and second reading on any additional concerns. And we will -- you have my word that we will get this right before we pass it on second reading. Commissioner Reyes? City of Miami Page 114 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: Another question. You mentioned - you mentioned clearly -- and I'm glad that at the beginning 1 said, well, we should have incentives for people to do -- to make any changes. Okay, but where those incentives are going to come from? Can you earmark those incentives from the bond issued for resilience because I don't want to be taking money from Federal -- I mean, from our general fund, you see, in order to do this. And if this is a project that has to do with resilience and all of that, I really hope that we can get fluids from different programs someplace else in order for us to be able to go right ahead if we are going to ask anybody to do this or if we have to pay our salaries and everything else. Vice Chair Russell: Right. We have to be very smart where it comes from. Commissioner Reyes: That's right. Because if we have to go dig our hands in our general fund, I would vote for it. Vice Chair Russell: This is not a difficult problem to solve. So, for example, right now we have an ordinance. I believe Mayor Regalado brought it back in the day. Anyone who is putting solar panels on their building, their permit fees are waived. Let's say, for example, someone participates in this program, uses the tool, identifies the efficiencies they can make to improve their costs and efficiency and help the environment, maybe we waive their permit fees for those particular improvements. And so, it's not -- they wouldn't have done them otherwise, so we're not losing revenue. And so maybe this is incentivizing the behavior we want without taking from the general fund. Commissioner Reyes: Maybe we can get a grant from the federal government that we can provide them the cost of complying with it. That is fine with me. But what really, really concerns me is that we have, believe it or not, okay, because some people don't realize they need that exists in the city of Miami. There are very small -- and not so well to do apartment owners. You see people that had apartment houses in Little Havana, in Liberty City, or Flagami, whatever, that they are very old. They had it from the -- maybe they inherited it, or they bought it, but they are not rich. They're striving. They're striving, and if we are going to come after them, if we are going to come after them because the mayor made a commitment that we have to go and (UNINTELLIGIBLE) 2050 and be all, I mean -- Vice Chair Russell: I agree with you. Commissioner Reyes: -- I mean, it doesn't -- if we make a commitment, we have to make a commitment with basis that we are going to benefit the people. And particularly, those people that in need, you see? And the funds are going to be there for us to help them, okay? Vice Chair Russell: You have my commitment. I agree with you. Commissioner Reyes: Okay. Vice Chair Russell: This can 't be. And this is where the two worlds of philosophy sometimes collide, and we have to work together and think about -- Commissioner Reyes: Here, listen -- Vice Chair Russell: -- the actual practical application and make it work for the people. Commissioner Reyes: You know, I'm a real pragmatic maybe -- City of Miami Page 115 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Yeah. Commissioner Reyes: -- because of my discipline, you see? But I'm real pragmatic and I know that we are very idealistic sometimes. And we said, okay, we're going to have -- I mean, we reach to the moon. But how are we going to get there? What does - - what are the consequences -- consequences getting there? So, I am -- I am -- Vice Chair Russell: Are you with me on first reading? Commissioner Reyes: I am going to be with you on first reading with a caveat, that all these questions are going to be answered between one -- first and second reading. If they are not answered, and ifI don't consi --1 cons --1-- I believe that we going to be affecting the little guy, or those people that are -- that are -- they have their small building or whatever building they have and -- and -- and they're going to be affected with costs, as the Mayor I mean, that the -- the -- the City Manager referred to the fee, and that we are also placing more burden in our -- on our general fund, then I would vote against it. Vice Chair Russell: Understood, and I'm with you, I will work with both Mr. Marrero and Mr. Dodd to get this right. And I want it to be more than just a headline for the environment. 1 want it to work for our residents and not be a negative. So, thank you very much. Is there any further discussion on FR.2 and FR.5? Mr. Dodd: Commissioner, before you do FR.51-- I need to put into the record that we did the fertilizer ordinance based on what was submitted by the County for their Commission meeting. During the -- their meeting two days ago, they did make one change on the floor in particular, on phosphorus loading, or rather nitrogen loading where our -- our current ordinance says 4 pounds per 1,000 square feet. They were going to drop that as a maximum of 2 pounds per 1,000 square feet. In the final version on the pole, they changed it to the 4 that equals what we currently have so the Vice Chair Russell: So, the amendment would be for us to maintain our current standard of four on that particular -- Mr. Dodd: Yes. So, between -- when we go to second reading, we'll be making some changes to the proposal to ma -- ensure that we are in alignment with what the County finally did pass on Tuesday. Vice Chair Russell: Does the mover and seconder accept that amendment on - Commissioner Watson: Accept that amendment. Mr. Chair let me ask you a quick question? Vice Chair Russell: Yes. Commissioner Watson: Or Mr. Dodd, are we going to have any agreement between the County and the School Board and all of the, facilities they have? Is that going to be worked in some way -- Vice Chair Russell: Are there -- Commissioner Watson: -- or the same thing. Vice Chair Russell: Are there exemptions in the County ordinance with regard to their government properties on fertilizer application. City of Miami Page 116 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Dodd: I --1-- I don't have that in front of me. Vice Chair Russell: We're going to look that up between -- Mr. Dodd: (UNINTELLIGIBLE). Vice Chair Russell: -- now and second reading. Commissioner Watson: Okay. Vice Chair Russell: Yeah, we should do as we -- as we tell others to do. Mr. Dodd: And -- and -- and Commissioner, we will definitely -- with the Building Department, we will get with all of the districts and -- and work with you on changes to both of these ordinances to make sure that we're best addressing the needs of our -- our residents in the city. Vice Chair Russell: Thank you very much. Any further discussion on FR.2 and FR.5? Hearing none, all in favor, say -- Mr. Hannon: Chair? Vice Chair Russell: -- yes sir. Mr. Hannon: Chair. First, there was an amendment requested by the director of building, I think regarding the implementation date, but I don't know rf the mover -- Vice Chair Russell: Thank you. Mr. Dodd, do you agree with Ace regarding the date of implementation moving it to October from the middle of the summer or would you like to work that out between first and second, interdepartmentally, and we'll bring the amendment on second reading. Mr. Dodd: I -- I -- I do agree with him in general, but I'd say between now and second reading, we'll have further discussion with the City Manager's Office and the Administration - Vice Chair Russell: Is that okay, Ace? We'll -- we'll get it fixed between now and second reading. Mr. Marrero: That's okay. Vice Chair Russell: All right. So, no amendment at the moment it may be amended on second reading. Mr. Hannon: Mr. -- FR.2 has this FR.5 with the amendment requested by Commission -- Director Dodd. Vice Chair Russell: Correct. Commissioner Reyes: After we vote, I want -- Vice Chair Russell: All right. Madam City Attorney, could you read the ordinances into the record, please? Ms. Mendez: Okay. FR.2 first, correct? City of Miami Page 117 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: FR.5? Ms. Mendez: Then FR.5. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. All in favor of the items say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. FR.3 ORDINANCE First Reading 8867 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/PROFESSIONAL SERVICES AS DEFINED IN F.S. §287.055, AS AMENDED FROM TIME TO TIME; AWARD OF CERTAIN PROFESSIONAL AGREEMENTS NOT EXCEEDING $500,000.00 BY THE CITY MANAGER", TO PROVIDE A CONSULTANT QUALIFICATION PROCESS, A CONSULTANT WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER AMENDING SECTION 18-89 OF THE CITY CODE, TITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS", TO PROVIDE A CONTRACTOR WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER TO ESTABLISH A NEW SECTION 18-123 OF THE CITY CODE, TITLED "QUALITY CONTROL PLAN FOR CONSULTANTS AND CONTRACTORS"; PROVIDING 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: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. City of Miami Page 118 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 FR.4 ORDINANCE First Reading 8892 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS", BY ESTABLISHING A NEW ARTICLE XII, TITLED "FENCE REQUIREMENTS FOR DISTRICT 4", TO CREATE A PILOT PROGRAM FOR FENCING AND LOT MAINTENANCE IN DISTRICT FOUR (4); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.1. FR.5 ORDINANCE First Reading 8897 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES/FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE OF FLORIDA LAWS; TO PROVIDE FOR COMPLIANCE WITH MIAMI- DADE COUNTY LAWS; TO PROVIDE FOR DEFINITIONS; AND TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.5, please see "Public Comments for all Item(s)" and Item Number FR.2. City of Miami Page 119 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 FR.6 ORDINANCE First Reading 8908 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES", MORE PARTICULARLY BY AMENDING SECTION 4-2 TO ADD NEW DEFINITIONS AND ADDING NEW SECTION 4- 14 TO REQUIRE ALL CITY OF MIAMI EMPLOYEES TO IMMEDIATELY DOCUMENT AND REPORT VIOLATIONS OF CHAPTER 4 OF THE CITY CODE, CHAPTER 562 FLORIDA STATUES RELATING TO ALCOHOLIC BEVERAGE ENFORCEMENT, AND CHAPTER 895 FLORIDA STATUTES RELATING TO RACKETEERING TO THE APPROPRIATE AUTHORITY; AND ARRESTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number FR.6, please see "Order of the Day" and Item Number SR.4. Commissioner Carollo: If we could do a companion ordinance that will be on first reading, FR.6 with this. Vice Chair Russell: I'm sorry, FR.6? Commissioner Carollo: Yeah. That's a companion ordinance to what we just voted here. Vice Chair Russell: Madam City Attorney, would you read FR.6 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is there a motion on FR.6? Commissioner Carollo: There's' a motion. Vice Chair Russell: Moved by Commissioner Carollo. Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Is there any further discussion on the dais regarding FR.6? Commissioner Diaz de la Portilla: I have some discussion. Vice Chair Russell: Yes. You're recognized. Commissioner Diaz de la Portilla: I have a little bit of a concern -- actually, a concern, not a little bit of a concern. And the City Manager and City -- I'm sorry, the City of Miami Page 120 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 City Attorney yesterday addressed some of them that she said she was going to work on it between first reading and second reading. The way 1 read this, this clear language, it says to require all City of Miami employees to immediately document and report violations and it talks about Chapter 562, which is the alcohol beverages and 895 which is racketeering. And the way I understand it is that is to require all City of Miami employees, that's 4,689 people. Commissioner Carollo: That was not the intent, and I've already told the City Attorney. Commissioner Diaz de la Portilla: Well, let me finish, Commissioner because I have the floor. Commissioner Carollo: She needs to amend that. Commissioner Diaz de la Portilla: Okay. I have the floor, if you don't mind. Thank you. What the intent and what the language is are two different things. The language is very clear. It says to require all City of Miami employees to immediately document and report. Commissioner Carollo: It's being changed. Commissioner Diaz de la Portilla: Well, but it's not being changed now. Amend it now if you want then, but I can't -- Commissioner Carollo: That's what I've asked to City Attorney to do, when she would read it. Commissioner Diaz de la Portilla: Okay. Alright, so, if you're going to -- we're going to do an amendment today? Commissioner Carollo: I asked her to do it today, not to wait for the second reading. Commissioner Diaz de la Portilla: But she told me yesterday that they were going to go between first and second reading. Commissioner Carollo: Well, I spoke to her today. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Since that was the wording they came up with, I told her that I thought that we should be more specific -- that it should be Code and Police that are involved in the taskforce that are doing this kind of work. Obviously, we would want every City employee that might be aware of illegalities to report them. But this ordinance is specific to those that are working these type of details. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: So, that's going to be amended on the floor by the City Attorney. Commissioner Reyes: Mr. Chair -- Mr. Chair. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I had the same question, but I know that it was only amended -- it was amended, that it was only going to be for Code and Police officers. City of Miami Page 121 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 And as a seconder, 1 accept the amendment. Commissioner Diaz de la Portilla: Yes. 1 agree. Okay. That's all -- that was my only concern. I thought it was too broad in its reach and I was afraid that it -- Commissioner Carollo: I agree with that. Commissioner Diaz de la Portilla: That's my only concern. Commissioner Carollo: It's why I told her that. 1 agree. Commissioner Diaz de la Portilla: Thank you. Thank you, Commissioner. Thank you, Chair. Commissioner Watson: It has been changed to Police only? Commissioner Carollo: Police and Code. Victoria Mendez (City Attorney): So, I -- I was hoping to change it between first and second. However, the -- if .you would like for me to do it right now, then I need a minute or two to be able to redact that, because I thought I was changing it between first and second. [Later...] Ms. Mendez: Okay,1 have the -- Vice Chair Russell: The clerk has a procedural motion. Commissioner Carollo: Are you ready? Commissioner Diaz de la Portilla: Okay. She's ready. She's ready. Vice Chair Russell: Just a moment. Mr. Clerk, you're recognized. Commissioner Diaz de la Portilla: No, she's ready. Commissioner Carollo: She's ready. Vice Chair Russell: I understand, but I'm -- I'm recognizing -- Commissioner Diaz de la Portilla: He's going to say you can't do that. He's going to say we cannot do that, right? Todd B. Hannon (City Clerk): No, no, no, no, no. What we were basically he's-- going to do -- to give the City Attorney just a couple of minutes was to table FR.6 and then go to the pocket item, then we can come back to FR. 6. Vice Chair Russell: Got it. It could be tabled, but she's ready. All right. Thank you, Mr. Clerk. Ms. Mendez: Okay. So, where it says, "...to require all City of Miami employees charged with such inspections to immediately..." -- so if that works, charged with such inspections. Vice Chair Russell: Thank you. City of Miami Page 122 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Mendez: Or who have the responsibility of such inspections, you know. Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: Caller and seconder approves? Commissioner Carollo: That's fine. Vice Chair Russell: All right. All in favor -- and it's been read into the record already. All in favor of FR.6 say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. END OF FIRST READING ORDINANCES City of Miami Page 123 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 AC.1 8862 Office of the City Attorney AC - ATTORNEY CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 22, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF CHALKS AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA-01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES, LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 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 INCLUDES VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND 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 COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY RESULT: DISCUSSED Vice Chair Russell: But we're going to go into a shade meeting briefly to discuss a separate topic from the afternoon's business. We should be back within a half-hour is my hope, but we will be right upstairs. The City Attorney is going to read the shade meeting issue into the record. This is on our agenda today, and then we'll get to the other issues of the afternoon, I believe it will be -- trying to take up the SAP (Special Area Plan) issue early on, because we've got a lot of people here for that one, so thank you. Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. On April 8, 2021, under provisions of Section 286.0118 of Florida Statutes, I requested the City Commission City of Miami Page 124 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 meet in private to discuss pending litigation in the matters of Chalks Airlines, Inc. (Incorporated) versus City of Miami, Case Number 17-023207 CA-01 and Chalks Airline, Inc. and Nautilus Enterprises, LLC (Limited Liability Company) versus Miami Sports and Exhibition Authority and the City of Miami, Case Number 18- 030887 CA-01, both pending in the Miami -Dade Circuit Court to which the City is presently a party. The subject of this meeting will be confined to settlement negotiations or strategy discussions related to litigation expenditures. This private meeting will begin at approximately 3:15 -- yes, 3:15, and will conclude soon thereafter, and the session will be attended by members of the City Commission, which includes Chairman Ken Russell, Commissioners, Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes and Jeffrey Watson, City Manager Art Noriega, City Attorney Victoria Mendez, Deputy City Attorneys John Greco, Barnaby Min, Senior Assistant City Attorneys Chris Green, George Wysong and Kerri McNulty. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular commission meeting will be reopened, and the chairman will announce a termination of the attorney -client session. Thank you. Todd B. Hannon (City Clerk): And Chair, just for the record, the meeting stands in recess. [Later...] Vice Chair Russell: Good afternoon, we are called back to order. We have three commissioners on the dais. Ms. Mendez: Chairman? Vice Chair Russell: Yes, Madam City Attorney, you're recognized. Ms. Mendez: Can you advise that we've finished our -- Vice Chair Russell: I thought you need to read the statement. Ms. Mendez: No, no. I'm -- Vice Chair Russell: Okay. Ms. Mendez:: -- done with the -- Vice Chair Russell: The shade meeting is closed. We have conducted our business. Ms. Mendez: Thank you. END OF ATTORNEY CLIENT SESSION City of Miami Page 125 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 BU.1 8135 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: The remaining items are discussion items, as well as a -- I believe we have a board and committee appointment and a budget update. So, let's start with the budget update, please, and then the boards and committees. Mr. Casamayor. Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Good evening, Commissioners. I will be very, very quick. All of you have received the latest report regarding the close of the month of March, which means we're at the halfway point of our fiscal year. Based on the information that we've gotten from our budget office and our finance department, we believe that we're trending towards a $16.8 million surplus in the general fund. Commissioner Carollo: How much? Mr. Casamayor: 16.8 in the general fund, and then a $47 million deficit in the building reserve fund as a result of the $45 million transfer that we did earlier this year. In total, if you put them together, we're projecting a $30.5 million deficit. So, the deficit is starting to close little by little every, month. We're still going to be looking at some of the revenues like the charges for services in the Fire Rescue Department, Police Department, the Real Estate and Asset Management Department. We're looking at the Communications Service tax from the State of Florida, our parking surcharge and our interest earnings, which are all trending below the budgeted amounts. And on the expenditure side, you know, we are spending a lot less than we budgeted right now and we hoped that that trend continues. However, just to make it a point, none of these projections include in case we have any natural disasters over the next few months. We -- hopefully we won't. It doesn't include any expenses resulting from that. It doesn't include any expenses we may see from any labor negotiations or settlements, and we will continue to monitor some departments like IT (Innovation and Technology), which has had some increases due to a labor settlement. Real Estate and Asset Management may exceed budget because of expenses at the .Tames L. Knight Center and some management and expense repairs that the Olympia Theater and we're working on our new budget already for next year. We should be having some meetings with the manager very soon. And I will take any questions you may have at this time, sir. Vice Chair Russell: Thank you, Mr. Casamayor. Are there any questions regarding the budget? Great job. That is BU.1. END OF BUDGET City of Miami Page 126 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8825 ANNUAL BOARD REPORT ORAL PRESENTATIONS TO THE CITY City Manager's COMMISSION FROM THE FOLLOWING: Office 1. HOUSING AND COMMERCIAL LOAN COMMITTEE 2. URBAN DEVELOPMENT REVIEW BOARD 3. ART IN PUBLIC PLACES BOARD RESULT: DISCUSSED Vice Chair Russell: I believe there was someone here representing a board that was asking to speak at this point. Might've been the Urban Review Board. Who is that? Who is here to speak on that item? Todd B. Hannon (City Clerk): Chair, 1 believe we do have a -- sir, would you like to approach the podium? Vice Chair Russell: Yes. Rather than keep you here all day. Once we get Commissioner Watson here, we'll go into the PZ (Planning and Zoning), but until then, you're very welcome. Thanks for your patience this morning. Bill Rammos: Thank you. I can go ahead? Vice Chair Russell: Yes. You're recognized. Mr. Rammos: Oh, okay. Well, good afternoon, Honorable Commissioners. I'm here to represent the City's Housing and Commercial Loan Committee. I'm the chairman and we need to present -- (COMMENTS MADE OFF THE RECORD) Mr. Rammos: -- I can't hear you. Commissioner Carollo: If we could ask you a favor if you can put your mask here. Mr. Rammos: Oh, okay. Commissioner Carollo: I mean we -- Mr. Rammos: I thought you wanted it off. Commissioner Carollo: Sometimes, if we drink something, we'll take it out, but -- Mr. Rammos: Okay. Commissioner Carollo: -- they give us protection. Mr. Rammos: Got it. Sorry. Commissioner Carollo: I've been vaccinated, so I'm not concerned, but there might be City of Miami Page 127 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 others that are not, so -- Mr. Rammos: 1 understand. 1 thought you wanted it off Commissioner Carollo: Thank you. Mr. Rammos: Okay. Again, my name is Bill Rammos. I'm here to present, as chairman, for the Loan -Income Housing Committee to you the annual report for 2019/2020. First, I'd like to thank the staff at the department for their professionalism. They're very supportive. Also, the committee members that are volunteering with us every month. The highlights for 2019/2020 is that the committee approved funding allocations for $7, 319, 000 with 274 housing units funded. And we supported the construction of new rental units, construction of homeownership, neighborhood preservation, and mixed -use redevelopment. We work with the developers as a committee, and it was a good year. And it's -- and 2021 has started off well as well. Anyway, if you have any questions, I'd be happy to answer them, otherwise thank you very much. I do have one request. Occasionally we meet in these chambers about every four to six weeks. Occasionally, it would be nice to have a commissioner stop in and just say hello and greet all the committee members that do volunteer. Vice Chair Russell: Thank you very much. Does anyone have any questions for the Housing Commercial Loan Committee? Any questions? Thank you again. Mr. Rammos: Okay. Vice Chair Russell: Thank you for your service. Mr. Rammos: Thank you very much. Have a good afternoon. [Later...] Vice Chair Russell: Now, we will continue DI.1, by continue, I mean, rejoin with DI.1 where we heard from one of our boards and committees. I understand that we have one on the Zoom. If IT (Innovation and Technology) can promote them, please. Commissioner Carollo, you will enjoy this. This is our Art in Public Places Board, which I understand has amassed a good $2 million in funds to be spent on public art, and their first project is giant cats and dogs. Commissioner Reyes: That's nice. Vice Chair Russell: So, we will hear from the chair of that board. And I -- I -- I'm very interested in this. This is an ordinance we passed where public projects yield money for art, historic preservation and other things, and now they're starting to get -- actually putting art out in the public. So, is this -- is this chairman available to report to the Commission? Francisco Herretes: I am. Vice Chair Russell: Hello. How are you? Mr. Herretes: Good. How are you? Vice Chair Russell: I really appreciate -- Mr. Herretes: Thank you for -- Vice Chair Russell: -- your patience today. I know you have a lot of business to do City of Miami Page 128 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 and -- Mr. Herretes: -- for allowing us to appear by Zoom. Vice Chair Russell: Thank you for waiting. You -- you have the floor. Mr. Herretes: Hi, Chairman, Commissioners and City Manager. I'll read from my notes. My name is Francisco Herretes, 6200 Northeast 2nd Avenue, Miami, 33138. I am chairman of the Art in Public Places Board. Here to present our 2020 annual report. Thank you for allowing us to appear by Zoom. 1 would like to start by stating that the arts industry provides over 40, 000 full-time jobs for local Miami -Dade residents, generating over $1.4 billion in household income and annual impact to the local economy. For every $1 in arts fimded/invested in Miami -Dade County, it generates $39 in the local economy. That is an incredible return on investment and shows that art and public art are about aesthetics and beautification, but they can also be a powerful economic engine for the future city of Miami. The Art in Public Places Board is the City's authority on public art matters pursuant to Article 11 of Miami 21 Code, and Chapter 62, Article 16 of the City Code. As the first AIPP (Art in Public Places) board appointed in July 17, this board has had the uncommon responsibility of creating and shaping its own initial AIPP framework, including opening up the AIPP And and setting up the first grant programs for expenditures, recommending that staff work with procurement to prepare an RFQ (Request for Quote) for professional services for a City-wide public art master plan, and recommending the amendment of the public art ordinance to provide for public art requirements and economic incentives for private development, which we're still working on to pass. In addition to its regular purview of approving public art and public art requirements for government sites. Since 2017, the public art fund has collected over $2 million from the public art requirement and over $200, 000 from voluntary private donations. We have allocated close to $500,000 for important public art projects, including $120, 000 to fund an RFP (Request for Proposal) for the creation of a much needed City-wide public art master plan, which is fundamental to develop a world class public art program with meaningful art programs in every district, including in Furlow Park in District 1, Peacock Park in District 2, a new park that's being created at 36 and 37th Southwest 1st Avenue in District 3, The Bay of Pigs Memorial Park in District 4, and Legion park in District 5, among others. The AIPP board moved to establish the Art and Cultural Grant program to support artists and non-profit organizations that promote the visual and performing arts in Miami; and just this week, we raised the amount from $10, 000 to $30, 000. We're reviewing final criteria and expect to open the grant application process next month. Moneys from the public art fund are leveraged and matched with other public/private grants and programs to multiply their economic impact. Staff is working hard to identify Federal, State, and local public/private grant opportunities, and we expect more opportunities with recovery and stimulus efforts, and mainly because everybody seems to want to be in Miami. In addition to the public art requirements, staff has worked diligently with the private sector to incorporate public art in their own developments. Several projects as outlined in the report, have incorporated public art, including separate projects within Miami World Center, Citizen M Hotel, Connect, Luma, Seven and Blue Lagoon, just to name a jew. Some of these level -- some of these developers have made additional voluntary monetary contributions to the public art livid in support of the arts and improving the public environment. These developers understand the importance and impact that integrating public art has on their development projects and the city, overall. And the correlated and measurable increase in property values. The proposed 1 percent public art requirement on private development could generate over $14 million a year. Think about that. In the coming months, hopefully as we move away. from COVID, the board and staff are excited to start the arts and cultural grants program, which prioritizes local artists and the Miami public art master plan process that recognizes and takes advantage of our City of Miami Page 129 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 many diverse neighborhoods, beautiful individualities, and commonalities. If we can improve our job, I would admit that our board has not been working as closely as we should with each of your district offices. Your insights and communication with your communities are key to achieving the hest results. We will do better and look forward to working with your office -- offices, sorry, and communities to identify strategic opportunities for public art, and make them happen. If you must take a single bullet point from our annual report, please recall that for every $l invested, the arts generates nine -- $39 in the greater local economy. As a world class city, Miami is in an extraordinary position to leverage art and public/private resources to create enormous value for its people. Please help us create and promote public art in your districts in 2021 and we'll meet again next year to wonder at the results. Thank you very much. Vice Chair Russell: Thank you for your service. Does anyone have any questions for the Art in Public Places Board? No comments, no questions. Thank you very much for your service and that of your board. Mr. Herretes: Thank you. Vice Chair Russell: Thanks for your patience today as well. So, that'll be the end of DI -- Mr. Herretes: Thank you. It was a pleasure. Vice Chair Russell: Thank you. We'll simply --1 guess we have to defer the annual report of the other item, or we'll just bring it up on another agenda. Okay. So, we'll dispense with DI.1. DI.2 DISCUSSION ITEM 8594 A DISCUSSION ITEM FOR AN UPDATE REGARDING STATUS OF City Manager's LEGISLATIVE SESSION. Office RESULT: DISCUSSED Vice Chair Russell: All we have remaining is four discussion items. Update regarding the status of legislative session. Mr. Manager. Arthur Noriega (City Manager): So, each of you would have received the update from Alex earlier in the week on Monday. We do have three appropriations in budgets, both at the Senate and House. The dollar amounts are still sort of in play. Obviously, we're hitting the stretch run on session with the final week corning up this week, and at that point, obviously, there's a lot of things that are still sort of happening relative to some of the legislative items. More particularly the building fund item is being worked off probably the third or fourth strategy on that one. Hopefully, we'll find some luck there and be able to find some success before session is finished. But I'm fairly optimistic that the dollar amounts that we're going to receive for the projects that are in the budgets are going to be pretty substantial. I've got to -- going to give the team a lot of credit on that. Vice Chair Russell: Thank you. Questions for the manager on the legislative session? Mr. -- Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I haven't had a chance to -- I'm sorry, I haven't had a chance to look at it. What are those dollar amounts for those three projects that you say? City of Miami Page 130 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Noriega: 1 don't have them specifically in here because they're still sort offluid and -- Commissioner Diaz de la Portilla: Well, just tell me how much we have on the house of one, how much we have on the senate on the others. Three -- only three projects. It can't be that hard. Mr. Noriega: No, but I don't -- I -- I just don't have those dollar amounts on me right now. If you'd like, 1 can get those for you. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: Yeah. Vice Chair Russell: Are there any other questions for the manager on the legislative session? Mr. Manager, do we have a federal lobbyist yet? Mr. Noriega: That item is going to come to the Commission on May 13th. Vice Chair Russell: May 13th? Mr. Noriega: Yes. Vice Chair Russell: 10l be an actual assignment of -- Mr. Noriega: Correct. Vice Chair Russell: -- a procurement, like, a four fifths? We're going to choose -- Mr. Noriega: Yes, sir. Yes, we are. Vice Chair Russell: Do -- and do you know who it's going to be yet? Commissioner Carollo: Whoever we choose. Mr. Noriega: We're working on it. Vice Chair Russell: So, you'll bring us options, or you'll bring us one -- Mr. Noriega: We're going to bring you -- we're going to bring you a recommendation. Vice Chair Russell: A single recommendation? Mr. Noriega: Correct. Vice Chair Russell: Can you circulate -- can you -- can you work with the Commissioners beforehand, so -- Mr. Noriega: Yeah. Vice Chair Russell: -- when we get there, we'll have -- Mr. Noriega: Absolutely. Vice Chair Russell: -- a proper -- a final -- final decision, because -- City of Miami Page 131 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Noriega: We will. Vice Chair Russell: -- I don't want it to get kicked. Commissioner Carollo: Chairman, let -- let me he very specific again. It is this Commission's responsibility to set up policy and to choose our lobbyists. I -- it's not right to keep giving our duties, our obligations, and our power to someone else to decide. So, I don't want to be told whom he wants. I want to be able to see the list of people that have applied. I will gladly hear his recommendations out, but we choose as a Commission. I'm not here to be a rubber stamp. Vice Chair Russell: Agreed. Have -- we haven't issued an RFQ (Request for Quote) on this, have we? Have you received interests from firms on this? Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: Your -- your microphone, please. Mr. Noriega: Sorry. Yes. I received a recommendation. Vice Chair Russell: You received a recommendation? Mr. Noriega: Correct. From a couple of different elected officials and we've sort of worked off of that. Correct. Vice Chair Russell: Does anyone here have recommendations for federal lobbying firms? Commissioner Carollo: Nobody came to me and asked me for a recommendation. Vice Chair Russell: No. And -- and likewise, I don't actually have a recommendation, but I would love to have an option to choose from. This is important to us. We're talking about major infrastructure dollars right now, or even an infrastructure bill passing at all, and we should have a voice in that. We have huge potential projects on which we could find matching dollars if we had representation up there. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Are you going to come to us with 1 name, or you're going to come to us with 3 names, or 5 names, or 11 names, or what -- what's your plan? Mr. Noriega: The intent on May 13th was to come to you with a recommendation. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Does this body want to see an RFQ issued so that the world of lobbying knows we're looking? Because we've never had one before. We've never bothered (UNINTELLIGIBLE) before. Commissioner Carollo: I -- I think we should put a request for proposal. Vice Chair Russell: How quickly could we do that, Mr. Manager? Commissioner Reyes: Let -- let me — Commissioner Watson: Mr. Chair, let me just say this right quick. City of Miami Page 132 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Wait. The voice of Washington is speaking. Commissioner Reyes: That's right. I was -- I was going to ask -- Vice Chair Russell: You have experience in this field, Commissioner Watson. Commissioner Diaz de la Portilla: I think the one who's going to bring is going to be the one that Commissioner Watson told him. Vice Chair Russell: Let's -- let's be careful with that. Commissioner Diaz de la Portilla: That's when he's all of a sudden, wait a minute, wait a minute. Vice Chair Russell: He may have a recommendation. Commissioner Watson: I'm -- I'm -- Pm going to be subject to -- to the arrows on this one. I gave the manager a recommendation that I thought was a firm across the board and could hurry up and get in the queue, in the mix with what was going on. And that was for -- from Wilmer Cutler Pickering, I think in -- and former -- Mr. Noriega: King -- King and Spalding. Commissioner Watson: Which one? Mr. Noriega: King and Spalding. Commissioner Watson: Yeah. That one. Vice Chair Russell: Could you put it on the record? Ijust want to hear. Commissioner Watson: And -- Vice Chair Russell: Mr. Manager, what's the name of the firm? Mr. Noriega: King and Spalding. Vice Chair Russell: King and Spalding. Commissioner Watson: And Commi -- and -- oh, boy, Commissioner -- and former congre -- Congressman Kendrick Meek -- Commissioner Carollo: Yes. Commissioner Watson: He's been pretty active with the Administration. He's pretty active with former congressional members and the Spalding firm out of a -- that he's with is fairly good on the other side, former -- former Congressman Ander Crenshaw. So, they're pretty deep with respect to what they can do. And I asked him would he be involved in helping us get our of money and get our stuff straight, so you can hit me on that one. Commissioner Diaz de la Portilla: It's a -- it's a good republican, Andrew Crenshaw, and a good Democrat, you'll like this, with Kendrick Meek, so it's a balanced firm. Commissioner Reyes: It's a -- it's a great mix. Commissioner Diaz de la Portilla: Yeah. It's a good mix, an African American and a - City of Miami Page 133 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Watson: So, -- so 1 just want to -- the manager didn't do it by himself. I asked him to -- to consider them and take a look at them. Commissioner Reyes: Just -- just a recommendation by the manager that 1-- I'll strongly suggest the manager pay good attention to what -- what you're saying because of all of us, the one that has the most expertise in Washington is you. Vice Chair Russell: For me, timing is of the essence. So, if there's a solid recommendation -- Commissioner Watson: That was the only one thing. Vice Chair Russell: -- that you're getting from more than one commissioner here, I look forward to you bringing it back, Mr. Manager. Commissioner Carollo: The problem that I've had with this, Commissioner Watson, is not your recommendation, is that we should be advised by the manager of what is going on. We shouldn't be getting surprises, being given something at the last moment without having other options. Now, I have no problem with this firm, but because of what is going on in Washington and all the money involved, 1 would rather see a second firm up there so that it could team up with them. We have two firm for this. Commissioner Reyes: Two firms, that's -- that's fine. Commissioner Carollo: And the request for proposal should be that it would last for an X amount of time that we could choose from. Doesn't have to be the -- the two firms that we pick now or the one firm that pick now. We could pick them then have a request for proposal for X amount of time going into the future. Vice Chair Russell: You are recognized. Commissioner Diaz de la Portilla: I agree with that. I agree with that. I think we get one firm now or two firms, whatever we can do by Mar -- by May 13th and then we -- at the same time on simul -- on parallel tracks, we put out an RFP for additional fzrnts, then -- then we can have a broader, you know, choice. I agree with Commissioner Carollo on that. I think that it should -- no one should come to us -- even though I know -- I know Kendrick vent/ well. I know Andrew Crenshaw. I think it's a great firm, it's a good balance. But 1 think for, you know, transparency's' sake that we should have a process in place. That's all. But in the interim, because we have so many dollars, you know, billions of dollars out there, we need to move forward with this. I think -- I think that we could do both at the same time. Commissioner Reyes: Okay. Vice Chair Russell: Thank you. Okay. No direction needed. I think the manager's clear. Commissioner Reyes: Yes. Vice Chair Russell: Thank you, Commissioner Watson for your assertiveness in getting our legislative representation up in DC. That's the end ofDI.1, I mean, I'm sorry, DI.2. City of Miami Page 134 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 DI.3 DISCUSSION ITEM 8766 A DISCUSSION UPDATE REGARDING ANALYSES AND City Manager's FEASIBILITY STUDIES RELATED TO BITCOIN. Office DI.4 8767 City Manager's Office MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DL3 was deferred to the May 13, 2021, City Commission Meeting. Vice Chair Russell: The remaining three, DI.3 is the update on Bitcoin feasibility. The Money Man. Commissioner Diaz de la Portilla: Can we skip that one? Commissioner Reyes: Yeah. Let -- let's skip it. Vice Chair Russell: 1 think it's a very simple report. Fernando Casamayor (Assistant City Manager): Good evening again. Commissioner Carollo: Okay. We defer it. Commissioner Reyes: We defer it. Vice Chair Russell: There's a motion to defer DI.3. Commissioner Diaz de la Portilla: I -- I'll second that motion. Vice Chair Russell: Seconded by the commission -- seconded by Commission. To the next meeting, please. Commissioner Carollo: Yeah. Bring it to a vote. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: DL 3 is deferred to the next meeting. DISCUSSION ITEM A DISCUSSION REGARDING TAXES AND FEES PAID TO MIAMI- DADE COUNTY AND SERVICES RENDERED BY SAME. RESULT: DISCUSSED Vice Chair Russell: DL4, discussion regarding taxes and fees paid to Miami -Dade County and services rendered by the same. City of Miami Page 135 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Fernando Casamayor (Assistant City Manager): Good evening again. Okay, Fernando Casamayor, Assistant City Manager. We sent a report out to all of your offices regarding the information that was requested, you know, from this Commission a couple of meetings ago. Just to sum it up, based on the taxable value that we have from the Property Appraiser's Office and multiplying that by the three different millage rates that are paid for, county -wide, we -- we project that we give the County about 200 and just under $297 million in -- in taxes for the operating millage, debt service millage, and the library millages. The question regarding exempt properties in the City, again, we had the information from the Property Appraiser's Office. Just under 2, 700 folios are exempt -- fully exempt in the City, and with a 7 -- almost $7.5 billion property value. Commissioner Carollo: How much? Mr. Casamayor: Property value about 7.5 billion. If you multiply that by the City's operating and debt millage rates, you have about a $59 million amount of property val -- property taxes that are unpaid as a result of an exemption. Some of it may be 501, some of it is governmental. So it's a variety. In that report, I also sent you a summary, but also the individual list of all of the vacant pro -- of the properties, I'm sorry, that are listed as exempt. As for how much we get back from the County, we asked a couple of times the budget director at the county, and what we did get back from them is that they do not budget their general fund by municipality. They do budget their general fund as a general amount, that they have county -wide services that some municipalities utilize, and some do not, like some police services, some of their fire services that are paid for out of their general fund. But they could not give us the answer regarding how much. Commissioner Carollo: Yeah, because if they gave us the real answer, there would be shock, because we're giving them close to $300 million after -- and that's after -- we're not getting another 20 percent that we should be getting. 59 million from all the non. profits and their government buildings and so on that we have here in the city of Miami. Since we're the downtown, we're the financial district for all of Miami -Dade. So, off the bat we're losing 20 percent of what we get now. We should be getting another 20 percent more. But they cannot tell us or give us any idea of what we're getting for $300 million in taxes that we give them because they know that it's upside down. DI.5 DISCUSSION ITEM 7285 Department of Resilience and Public Works A DISCUSSION REGARDING TRANSIT ALLIANCE BETTER BUS PROJECT rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL 5, please see "Public Comments for all Item(s)." Vice Chair Russell: All right, the last item of the day -- and I'll get you out of here before 9: 30 p.m. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: D1..5 discussion on Transit Alliance Better Bus Project. Commissioner Reyes: Mr. Chair? City of Miami Page 136 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Yes. Commissioner Reyes: I -- we have spoke with -- when I was talking to Alan and Zerry, I stressed the importance of we -- analyzing our trolleys and analyzing the way that we can increase our ridership, and how can we make trolleys -- I mean, people that they can use all the trolleys in Flagami and be able to transfer into a trolley that is going around -- I mean, it's going on Coral Way, or trolleys that are going to other ways, or also how can we make trolleys as feeders to certain bus routes? And also, I know that this is important to you, but it's important to me, the Transportation Department, they did away with bus route that went on 32nd Avenue and has left a lot of people without a main transportation in there. And I will strongly request -- I would like to request from Dade County that they, 1 mean, bring that route back. END OF DISCUSSION ITEMS City of Miami Page 137 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 BC.1 8852 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAITI REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Dufirstson Julio Neree Fayola Nicaisse Wilkinson Sejour Ashley Touissaint Daniela Gonzalez Youth Member ENACTMENT NUMBER: R-21-0180 NOMINATED BY: Commissioner Jeffrey Watson Commissioner Jeffrey Watson Commissioner Jeffrey Watson Commissioner Jeffrey Watson Commissioner Jeffrey Watson MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Alex Diaz de Ia Portilla, Commissioner Ken Russell, Commissioner Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: Boards and committees, please, BC.1. Todd B. Hannon (City Clerk): Thank you, Chair. BC.1, Commissioner Watson will be appointing the following individuals to the Little Haiti Revitalization Trust, Dufirstson Julio Neree, Fayola Nicaisse, Wilkinson Sejour, Ashley Toussaint and for the youth -- for the non -voting youth member, Daniela Gonzalez. Vice Chair Russell: Is there a motion? Commissioner Diaz de la Portilla: Moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. END OF BOARDS AND COMMITTEES City of Miami Page 138 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.1 4196 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.1 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 139 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.2 ORDINANCE First Reading 4201 Department of Planning PZ.3 6531 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 "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.2 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." ORDINANCE MAY BE DEFERRED Second Reading 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 "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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 140 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.4 6532 ORDINANCE MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE 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. PZ.5 7226 Department of Planning MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.96 ± ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.5 was continued to the May 27, 2021, Cu-) Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 141 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.6 ORDINANCE Second Reading 7232 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NOD-2") OVERLAY, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, FOR THE PROPERTIES GENERALLY LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.6 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." City of Miami Page 142 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.7 RESOLUTION 8361 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF SOUTHWEST 36 COURT, A TEN FOOT (10') PLATTED PRIVATE ALLEY, AND A TEN FOOT (10') UTILITY EASEMENT GENERALLY LOCATED WITHIN THE ROADWAY BOUNDARIES OF SOUTHWEST 7 STREET TO THE NORTH, SOUTHWEST 36 AVENUE TO THE EAST, SOUTHWEST 8 STREET TO THE SOUTH, AND SOUTHWEST 37 AVENUE TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0181 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: I'd like to pass the last remaining PZ (Planning and Zoning) item, which is PZ.7. Is there a motion for PZ.7 -- Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: -- closure of Southeast 7th Street? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla -- Commissioner Reyes: Second. Vice Chair Russell: -- seconded by Commissioner Watson. Is there any further discussion? Commissioner Carollo: Hold on. Vice Chair Russell: Does this need to be read into the record? Victoria Mendez (City Attorney): No, Chairman. Commissioner Carollo: Okay, it's fine. Vice Chair Russell: Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Iris, would you like to say something? Iris Escarra: Just wanted to say, thank you very much. City of Miami Page 143 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: You worked real hard for this. Ms. Escarra: Thank you. I hope you liked my presentation. Thank you. Commissioner Reyes: Iris, you really work hard. Vice Chair Russell: Motion passes on PZ. 7. That is the remainder of the PZ (Planning and Zoning) agenda and are action items. PZ.8 RESOLUTION 8849 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE PILOT PROGRAM," TO ALLOW THE RE - ISSUANCE OF A CERTIFICATE OF USE FOR NONCONFORMING USES THAT HAVE LAPSED FOR A PERIOD OF MORE THAN EIGHTEEN (18) MONTHS AND LESS THAN FIVE (5) YEARS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123 NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.8 was continued to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." City of Miami Page 144 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.9 RESOLUTION 8779 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT OVER 5,000 SQUARE FEET IN AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE COMMONLY KNOWN AS THE WALGREEN DRUG STORE, APPROXIMATELY 46,912 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "T6-80-0", URBAN CORE TRANSECT ZONE -OPEN, LOCATED AT APPROXIMATELY 200 EAST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0182 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.9, please see "Public Comments for all Item(s). " Vice Chair Russell: Could we take up PZ.9, gentlemen. That's the exception on 200 East Flagler Street, in my district. It's a historic exception which I support. Is there a motion on -- Commissioner Carollo: Motion to approve. Vice Chair Russell: -- PZ.9? Moved by Commissioner Carollo, seconded by the Chair. Is there any presentation that needs to be had by the Administration or the applicant? Seeing none, any further discussion from the dais? All in favor of the item say, "aye. " The Commission (Collectivelv): Aye. Vice Chair Russell: Any opposed? Motion passes. Javier Avino: Thank you very much. Vice Chair Russell: That's PZ.9. City of Miami Page 145 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.10 ORDINANCE First Reading 8724 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDDRS SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", ATTACHED AND INCORPORATED, THAT PROPOSES TO A) UPDATE THE MDDRS SAP ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) AMEND REGULATIONS ON OUTDOOR DINING AND ART INSTALLATIONS; C) CHANGE THE PERMITTED USES INCLUDED IN ARTICLE 4, TABLE 3; D) MODIFY FACADE REQUIREMENTS ALONG NORTHEAST 38TH STREET; E) ESTABLISH A DENSITY AND INTENSITY TRANSFER PROGRAM; AND F) DESIGNATE GATEWAY SITES AND ESTABLISH REGULATIONS FOR GATEWAY SITES; 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: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.10, please see "Order of the Day" and "Public Comments for all ltem(s). " Vice Chair Russell: So, I'd like to respect those who are in the chambers waiting to be heard and speak for their patience and health reasons. I would like to move to the PZ (Planning and Zoning) agenda. So, I would like to table that discussion item. I believe the remaining people that would like to speak on the boards are appearing by Zoom; is that correct? All right. So, I'm -- just so they're not waiting on Zoom, just let them know that we will advise, but we -- I'd like to get through the business of the folks who are here in City Hall first. I'd very much appreciate that. All right. Why don't we move to PZ.10 and 11, Commissioner Watson, that's in your district. I believe that the administration has a presentation, our planning director. This is an amendment to an SAP (Special Area Plan) an existing SAP as well as to the -- to their development agreement. Good afternoon, Cesar. Cesar Garcia -Pons (Director, Planning): Let me get loaded up. Ready, sir? Vice Chair Russell: So, what I'd like to do is allow the City's presentation, see any questions that the Commission has of the City with regard to that presentation, then the applicant can present as well, and well do the same. Do we have an issue with intervenor status on this item? And just a minute you don't need to come up with -- yeah, Mr. Savage. And if so, Madam City Attorney, should we establish that first, or is that something we can do as we get along a little further? Victoria Mendez (City Attorney): Establish the? Vice Chair Russell: Intervenor status. Ms. Mendez: Well, I think the presentation is fine, but if you would like to address the City of Miami Page 146 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 intervenor status so that they don't have to say it -- Vice Chair Russell: It's going to take a moment to do it, so I'd rather get through. I just want to make sure from a procedural perspective that we get everything in order. Ms. Mendez: Yeah. That's fine you could do before or after. The presentation has to happen anyway. Vice Chair Russell: Got it. And speaking of procedure, I do want to make my Jennings disclosure and if any other commissioners would like to do so as well, this might be a good time before we get into the item. So, for myself for the applicable provisions of Miami 21 and Florida Law, 1, as a City Commissioner am disclosing that I spoke on March 14, 2021, with Neisen Kasdin, a representative of the developer, neighbors, other interested party involved with this quasi-judicial hearing and the subject of our meeting was this item. Such persons having contrary views to those expressed in the following disclosure will now be given an opportunity to refute or respond to the foregoing communications or ask for a reset of this hearing in order to prepare for a proper response. The procedure complies with Florida Statute 286.0015. So, yes, on a few occasions I've heard from the applicant, and I wanted to make sure that's noted, and it does not sway or bias my opinion as a commissioner. Yes, Commissioner Reyes. Commissioner Reyes: 1 have a Jennings disclosure that -- Vice Chair Russell: You're recognized. Commissioner Reyes: -- that 1 was contacted. I never met with anybody, but I was called about it. Okay. Vice Chair Russell: So, noted. All right. So, we'll go back to the administration. Commissioner -- Commissioner Diaz de la Portilla: Ditto to what you said. I spoke to Mr. Robins last week; I believe the last Thursday. Ms. Mendez: Yeah. That's -- that's appropriate as well. Commissioner Diaz de la Portilla: Yeah, is that appropriate enough? Ditto to what he said, I spoke to Mr. Robins, and I briefly spoke to Kasdin -- Mr. Kasdin also, but not about the issue, he just moved me over to Mr. Robins. Vice Chair Russell: Okay. Did you need -- did you need to make a declaration as well, Commissioner Watson? Commissioner Watson: Yes. I spoke to Mr. Robins. Is that what I'm supposed to be declaring? Commissioner Diaz de la Portilla: Yes. Commissioner Watson: Okay. Vice Chair Russell: Thank you. Madam City Attorney, the only reason I bring it up, this issue that came up in the courts recently with the Playhouse situation. And it seems that the County interprets their Jennings rules a little differently, maybe, than Tye do. Now, I wanted to make sure that we express our Jennings rules in a way that are enforceable in a court so that if any of our decisions get challenged, that we've done what we need to do. City of Miami Page 147 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Ms. Mendez: Okay. So, the purpose of Jennings is that if anyone feels that they are prejudiced by the communication, then they would bring that up after your disclosure. As long as a disclosure is made, we've complied with the law. Because what would happen if somebody asked for a continuance in order to address the disclosures because they feel prejudiced, et cetera, so they could bring new evidence, what have you. But the -- that's why Jennings is -- and we can talk about how the County interprets that. Vice Chair Russell: Not necessary. I just wanted to make sure that we're following procedures so that our -- Ms. Mendez: Yes. Vice Chair Russell: -- our decisions are enforceable. Ms. Mendez: Yes. Vice Chair Russell: Thank you very much. So, now we will hear from the City Administration. Commissioners can ask questions throughout or afterward, and then we'll hear from the applicant. Good afternoon. Mr. Garcia -Pons: Thank you, Mr. Chairman. Cesar Garcia -Pons, Planning Director. I know that we discussed this during briefings, but I have a PowerPoint slide of about a dozen slides to go over the highlights of the changes between the existing SAP and the currently proposed one. Generally, this is for the Miami Design District SAP. It's shown here in the red outlined area with a hatch, so you can see the location of it. That boundary has not changed as far as this particular application is concerned. Underlying floor -- land use also has not changed. You can see generally underneath it's general commercial with the bits of other locations, but that is -- no change in this particular time. And then the existing zoning, the underlying zoning also does not change, there are bits of T6-8, T5-O, a little bit of T4-L as well. No changes to these. So, all of the underlying land use and zoning remains the same. Some of the major changes or recommended amendments to the SAP are updating the entities as a list of entities of ownership. They've updated it over the past ten years. There's been some changes in ownership, that's included. There's been a couple of uses that are going to be added. One is the apartment hotel or condo -hotel use and the auto -related commercial establishment. Generally, the auto -related commercial establishment it's kind of like a showroom as opposed to a repair shop. There are definitions for the new gateway sites, which we'll talk about in a second, which are the two parcels to the east known as Tuttle North and Tuttle South. And then there's a program to share density and intensity amongst the T6 zone properties within the SAP. Kind of a transfer of availability, a transfer of density and intensity. Specifically, the density - intensity transfer program. So, the parcels that we saw in the -- in the drawing earlier, that is a T6 that were generally the ones on the south side. The request now is to allow them to transfer density -- existing density and intensity from one site to the other. So, if a parcel does not achieve the density -intensity on that parcel, it can then transfer it over to an adjacent parcel or nearby parcel that can receive it as a T6 property that would allow for -- to fully build out the parcels. This is not an increase in density in the SAP. This is not an increase in intensity in the SAP. It's a redistribution amongst the T6 properties. The gateway sites are, as I mentioned, the two sites on the east side of the property Tuttle North and Tuttle South. Tuttle North is not requesting a height increase. So, that's one item. The Tuttle South project is the one that's increasing a height increase to up to 36 stories. In order to receive the 36 stories, they must meet the following criteria, those are the 6 that are underneath. The building must have exceptional architectural merit. They must provide a 10,000 square, foot civic space at the ground to be publicly accessible. They must provide artwork within that civic space. They must provide a decorative facade treatment City of Miami Page 148 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 around the parking structure if there is one. They must provide community outreach specific to this parcel to the Bay Pointe Bay property owners of Buena Vista Historic HOA (Homeowners Association). And they must provide enhanced streetscapes in order to receive the potential of the 36 stories. As an example of the location -- Commissioner Watson: Can you repeat that for me? Mr. Garcia -Pons: -- as far as context is concerned on -- on number 4. Yes -- Commissioner Watson: Excuse me. Can you repeat that for me, please? In order to be considered, it must include the following. What was that? Mr. Garcia -Pons: So, this slide here in order to -- in order for the Tuttle South property to achieve 36 stories, they must provide those six things. Vice Chair Russell: I believe it's on your screen. Mr. Garcia -Pons: Yes. Vice Chair Russell: Or it was on the screen. It's not right now. Mr. Garcia -Pons: It is now. And 1 could -- and I did read through this. So, the Tuttle site, the context of these Tuttle sites. So, the thought process behind the request for 36 stories and the Planning Department recommending approval of the change of 36 stories is really the existing context. So, starting from the south, looking up is if you look just south of 1-195, the zoning transect is T6-24, one block further south to that, the zoning transect is T6-36. So, when we look at the maximum heights that are allowed within the transects from the bottom going up, the maximum height of a T6- 38 transect is 60 stories. The next block to the north -- with bonus, if they bonus. The next block to the north is T6-24, which they can bonus up to 48 stories. The request of the Tuttle property would be 36 stories. The parcel just to the north, Tuttle North, would stay at 20 stories, although it says 24. And then the T6-8 to the north is 12. Vice Chair Russell: Mr. Garcia? Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: So, that's the maximum allowable under the existing zoning for those -- Mr. Garcia -Pons: Yes. Vice Chair Russell: -- lots you just mentioned. Mr. Garcia -Pons: Exactly. Vice Chair Russell: What is there actually now though? Are there any sites that are reaching their maximum from the T6-36, the T6-24, the T6-8? Mr. Garcia -Pons: So, I don't have that answer, but if we take a look, I would -- I know that to the south if you look just to the southwest or southeast a little bit. That's Midtown. Vice Chair Russell: Yeah. Mr. Garcia -Pons: So, we know those are reaching its height capacity. I'll take a look; I'll have staff take a look at those parcels directly to the south. City of Miami Page 149 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: I'm pretty familiar with these and those once you get south of the highway are in my district. And 1 don't believe those have been redeveloped to that maximum. So, they're zoned for much more than is currently there, which could possibly lead to why folks in that neighborhood might feel that this area does not warrant that height because the existing -- but as of right, they could be. Anyone can redevelop those sites without coming back to us for any changes and go up to 48 stories just south of I-195 and 60 stories, just below that. Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: Correct? Mr. Garcia -Pons: That is correct. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: Yes, you're recognized. Commissioner Diaz de la Portilla: You're finished? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. I'm sorry, go back to that map. What's to the east of Tuttle South and Tuttle North? Mr. Garcia -Pons: To the east is T6-12. Commissioner Diaz de la Portilla: And the same thing with Tuttle North to the east, T6-12? Mr. Garcia -Pons: Just to the north of that is T6-12 and just above that is T6-8. So, block -- the parcel to -- Commissioner Diaz de la Portilla: Directly to the east. Mr. Garcia -Pons: Directly to the east is T6-12. Commissioner Diaz de la Portilla: Okay. On both south and north, right? Mr. Garcia -Pons: On both south and north, which goes up to 20. Commissioner Diaz de la Portilla: Right. Mr. Garcia -Pons: Bonus up to 20. Commissioner Diaz de la Portilla: That's 20 stories. How many stories? Mr. Garcia -Pons: It can bonus up to 20. Commissioner Diaz de la Portilla: Up to -- it can bonus up to 20. What's there now? Mr. Garcia -Pons: Again, I think these are all low. These are not built out yet. Commissioner Diaz de la Portilla: So, they're vacant lots? City of Miami Page 150 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: No, no. They -- Commissioner Diaz de la Portilla: What's physically there now today? Vice Chair Russell: Which lot? I'll tell you. Commissioner Diaz de la Portilla: To the -- to the east of Tuttle South and to the east of Tuttle North. Vice Chair Russell: So, to the east of Tuttle South, and 1 believe their representative was here earlier, it's the MacArthur property. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: It's a single -story commercial with a parking lot. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And they've been seeking redevelopment fbr a long time and so -- and they've actually sought entitlements at one point. But as of right, they are T6-12 with a 24-story max, correct? Commissioner Diaz de la Portilla: Right. Mr. Garcia -Pons: You can tell -- Commissioner Diaz de la Portilla: 20 story max with bonus? Mr. Garcia -Pons: Yes, sir. Commissioner Diaz de la Portilla: Okay, 12 plus whatever. Mr. Garcia -Pons: 12 by right -- Commissioner Diaz de la Portilla: 12 and then 8. Right. Okay. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: And then to the east of Tuttle North? Vice Chair Russell: That would be Mr. Bloomberg's site, which is currently T6-12 as well, correct? Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: And he has been seeking entitlements as well to go higher, but currently, as of right, they could do 24 stories, with bonuses. Mr. Garcia -Pons: 20. 12 to 20. Vice Chair Russell: 12 to 20. Commissioner Diaz de la Portilla: Okay. Okay. Mr. Garcia -Pons: 12 by right, 20 with bonus. City of Miami Page 151 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Diaz de la Portilla: And to the west? Mr. Garcia -Pons: To the west is T6-12 as well. Commissioner Diaz de la Portilla: On both. Well, no, it's (UNINTELLIGIBLE) one thing Mr. Garcia -Pons: T6-12 means 12 up to 20. Commissioner Diaz de la Portilla: I know. All right. Thank you. Mr. Garcia -Pons: So, it's surrounded. Vice Chair Russell: Thank you. Mr. Garcia -Pons: The other item is within -- as you know, the Design District has interior courtyards and plazas. Over the past several years, we have been approving outdoor dining and art by warrant, which is a pretty extensive review. We found that that's not really necessary anymore. So, we were changing the permitting process for outdoor dining within the plazas and within -- and art within the plazas to an SAP permit, which is administrative versus something that has to go out fbr public hearing. Just because again, ten years of experience teaches us that we can do so. Number 6, 38th Street facade requirements, the Design District self-imposed some very stringent glazing requirements. 70 percent of the wall of the street frontage must be glazing or art. In this particular case, they're requesting that this block be changed to 60 percent glazing with a specific location to change to hard skip -- hard facade to 100 feet. Again, this is a very high bar, so going down to 60 is not a -- doesn't unfairly affect any of the neighbors. And then these are some of the elements in the development agreement. This is now PZltem Number 11. There is again, the entities that are changed. There is a slight modification to the alcohol reservations with the including other restaurant facilities like cafes and other elements to not count against their alcohol licenses. The 38th Street requirement that I just mentioned, there is an opening on 38th Street that we have -- that exists today to allow for a cross -block passage from 38th into the plazas, remains open. The developer has the right to request to close it if they believe there is an issue. There hasn't been an issue, so it remains open, which is a publicly accessible right-of-way, or excuse me, publicly accessible pathway. And then the transfer of density within T6, as I mentioned earlier, is also in the development agreement. The outreach is the -- what I mentioned earlier. There's an existing outreach component, but specifically now for the Tuttle Southside, there is an additional outreach component. And then the last one is the Florida east coast right-of-way improvements. If at such a point there is right-of-way improvements on that corridor, the developer would provide us with a ten foot setback for us to allow for pedestrian activities. And I think that's the presentation for today. Vice Chair Russell: Thank you very much, Cesar. Does anyone have any questions for the director? Commissioner Watson: Yes, sir. Vice Chair Russell: You're recognized. Commissioner Watson: Can you go back to that slide with the -- Mr. Garcia -Pons: Sorry about that. Commissioner Watson: -- the maps slide. City of Miami Page 152 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Garcia -Pons: 1 was about to close out. Which slide, sir? Commissioner Watson: The one with the map where it split up Tuttle South/North. Commissioner had a question, too. Mr. Garcia -Pons: This one, sir? Commissioner Watson: So, yes. Is that 112, the pink line that's running east -west, is that 112? Mr. Garcia -Pons: Excuse me, Commissioner, I cannot hear you. 1 apologize. Commissioner Watson: That could be a problem for me. Mr. Garcia -Pons: There you go. Commissioner Watson: Now, you can hear me? Mr. Garcia -Pons: Yes, sir. Commissioner Watson: Are you sure? Mr. Garcia -Pons: Yes, sir. Commissioner Watson: 1 can take off my mask. All right. This pink line, is that 112? Mr. Garcia -Pons: The highway? Commissioner Watson: Yes. Mr. Garcia -Pons: Is 1-195. Commissioner Watson: 1-195. Okay. Mr. Garcia -Pons: It's right there by the -- Commissioner Watson: It's called 112 when you get (UNINTELLIGIBLE) -- Mr. Garcia -Pons: -- the bridge is over to the right. Commissioner Watson: Where is the Project Blue in relation to this? Mr. Garcia -Pons: The Project Blue is just off the drawing to the right. Do we have a broader picture? I can go to Google and show you it's literally a block -- two blocks over to the right. Vice Chair Russell: You're talking about the Blue condominium? Mr. Garcia -Pons: Yes. So, -- Commissioner Watson: Yes. Vice Chair Russell: That's on the south side of that highway. Right on the water's edge. Mr. Garcia -Pons: It might be helpful for me to show you an aerial map. City of Miami Page 153 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Watson: So, it's right at the 36th Street, where that T6-24-A 48 story max? Mr. Garcia -Pons: Yes, sir. Commissioner Watson: Is right there? Mr. Garcia -Pons: Yeah. To the right. Commissioner Watson: To the right of that. Mr. Garcia -Pons: Do you guys have a context map? Commissioner Watson: Where -- what -- there's this intervenor. Just a comment, not to get into the context. There's a comment about the MacArthur property, where is the MacArthur property here? Mr. Garcia -Pons: It's immediately to the east of these properties. So, specifically, I just know it's immediately to the east. Commissioner Diaz de la Portilla: To the south. To the east. Mr. Garcia -Pons: To the right. It's to the right of the red line. Commissioner Watson: Okay. What's your -- Mr. Garcia -Pons: Right across -- Commissioner Watson: -- what's your opinion on the comment about it affecting the MacArthur properties? Mr. Garcia -Pons: So, I think this is the best slide to explain. It is as far as height is concerned, which I think is the issue, is because of the potential context. Is we -- the Planning Department believes that it is appropriate as a transitional height. Again, we can go from 60 to 48. Currently, it would be 48 to 20, to 20 to 14. There's no substantive difference between 48 to 20 to get to 36. So, we start 60, 48, 36, 20, 12. So, from here, you still have 48 behind it. Vice Chair Russell: And the Blue condominium you mentioned, that is a 35-story building if I'm not mistaken. Mr. Garcia -Pons: It's tall, I don't have the exact number. Commissioner Watson: About 36. Mr. Garcia -Pons: 36 stories. Vice Chair Russell: I think it's allowed 36, but I think it's actually a 35-story condo. Commissioner Diaz de la Portilla: Blue? Vice Chair Russell: Blue. Commissioner Watson: Yeah. All right. And this is first reading? Vice Chair Russell: Yes. City of Miami Page 154 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Garcia -Pons: Yes sir. Commissioner Watson: Okay. Vice Chair Russell: Thank you. Any other questions for the director? Mr. Garcia -Pons: Thank you, sir. Vice Chair Russell: Stick around though. Mr. Garcia -Pons: Yes. Vice Chair Russell: Don't go far. Good afternoon, Neisen. How are you? Neisen Kasdin: Good afternoon, Mr. Chair, and members of the Commission. Neisen Kasdin and Marissa Amuial with Akerman representing the applicant. Craig Robins, the principal is here. And he will speak briefly after I make my presentation. With us today also as a resource, if you have any questions are Andy Dolkart, who is our economist. Who has done the economic impact analysis, as well as Adrian Dabkowski from Kimley-Horn, who's on the traffic analysis. And Alex Shapiro is also here from the Design District. He's the director of development. I'm sure that all of you are very familiar with the Design District. As you see by this map here, as you know it is at a critical juncture in the city and in this county. The access point to Miami Beach, to the airport, Brightline goes right past it. It's really kind of a very central location. The properties have been shown to you by the planning director that Craig Robins and his partners have assembled in the Design District over the past 25 plus years, which is the majority of the property and the Design District. I would like to talk for a moment about the enormous positive community benefits and impact that this project has had to date. A lot of developers come and promise things. Craig has a track record that is, I would say, without peer in this community in terms of delivering to the community. Civic spaces. He has created two magnificent plazas that are open to the public that any person can go to and enjoy. You don't have to go into the expensive stores and buy anything, but you can look at those expensive stores. And you see any day that you're there, any week, thousands of people, ordinary people from around the County and visitors come and enjoy the beautiful plazas that is he -- he has created. The Palm Court and more recent plaza in the north side. This shows you this is the Paseo Apontei, which is the connection between the north and south plazas, also open to the public. The streets have vet); wide sidewalks with special paving. You'll see the lighting in a moment as well. And very beautiful and mature landscaping. It's like a virtual urban park throughout the Design District. This is another view of the connection between the parts of the Design District, all open to the public. And of course, this is the Palm Court, very famous because of the Buckminster Fuller Geodesic Dome, which pre pandemic Craig offered a number offree concerts and community events that were very well attended. The total right-of-way improvements that he has done to date, and I know you've all been there, and you've seen them. Between the landscaping, the lighting, and the special trees, and the special lighting has totaled approximate $24 million. He has gone far and above what was required or would be required of him to make this special environment at significant expense. We show the mature trees again here, that special lighting, which in the evening gives a great character to the neighborhood. And he has even created little pocket parks. This is on the north side of the Design District facing the Buena Vista neighborhood. The Paradise Plaza Park area, which is for the benefit and enjoyment of the residents in the neighborhood. And by the way, the Buena Vista East Historic Neighborhood Association has endorsed this application. In terms of public art, what Craig has done here has been extraordinary. There is approximately $6.9 million in value of public art that he has placed in the plazas and on the streets. You're looking there at the City of Miami Page 155 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Buckminster Fuller Geodesic Dome. He has works by Zaha Hadid and other great artists. The Le Corbusier model in the Palm Court. The beautiful glass work in the Palm Court itself which in and of itself is stunning. The mural in Jungle Plaza. You see this by Urs Fisher. Let's go through it rather quickly, including getting some of the world's most well-known artists, such as John Baldessari, who did a screen on one of his garages as well as the other mural that you see there. And of course, his museum garage, which is across the street ftom the Institute of Contemporary Art and the De la Cruz Museum. Craig commissioned five different artists and architects to do this facade, which in and of itself is a sight to behold. And of course, each of the facades, instead of doing one building look all the same, Craig hired multiple architects to do different, and beautifid, and interesting facades. We'll go through that rather quickly. And one of the greatest gifts to the city from the Design District though, has been what it has done for the cultural community and free culture. Culture free to Miamians as well. Craig and his partnership donated the land for the Institute of Contemporary Art. And was instrumental working together with Irma and Norman Braman in building the Institute of Contemporary Art there. A $75 million investment, $23 million worth of land cost. And I would note, and free admission to the public. Also, at zero taxpayer cost to build this outstanding global -level museum. But that was not the only art museum that Craig induced as well. If you see there as well. Early on through his friendship with the De la Cruzes, he convinced them, and they willingly and happily located their art collection and built their own museum, the De la Cruz Museum, just a few doors down from where ICA (Institute of Contemporary Art) is. In addition, they paid for the ongoing maintenance of the extraordinary streetscape that I've explained to you. The total value of all public benefits to date, and I just want to focus for one minute on this chart here, the public right-of-way improvements, less a little bit of funding that he received from the State is $24 million. And there was about 4 million in funding from the County and the State. And if you back out the standard right-of-way improvements of $6 million. It net additional $13, 765, 000 in public right -of -- public right-of-way improvements. The art -- public arts investments, almost $7 million. The artistic garage facades, almost $9 million. The ICA contribution and land was $23 million with a total benefit because it was built and it's open to the public of $75 million. And the ongoing maintenance costs when you reduced it to a present value another $4.9 million. So the total public benefits derived from the Design District to date, are $119 million. And that does not include the benefits for people who were able to -- for free, enjoy the art, the art museums. Not to mention as well, the millions of images that go around the world that advertise and promote this city. The economic impact, I mean, it goes without saying, the impact has been tremendous. It has created 4, 600 jobs. The annual income of these workers is an excess of $200 million. Many of these are city of Miami residents, if not most. The Design District project will pay over $9 million in property taxes, including almost $3.6 million annually to the City of Miami. They were also over $357 million in sales -- retail sales, which receives sales taxes. So, you can see this has been a tremendous economic engine, has delivered the promise of jobs to this community. I'd like to talk briefly about the amendment that's proposed. As you know, when the Design District was originally conceived by Craig almost 12 or so years ago and approved in 2011. Its focus was essentially two things, retail, and art. And of course, with that, restaurants and other things. The world has changed some since then. The retail world has changed. And Craig believes for the viability and the long- term success of the Design District to have a more of a mix of uses there to introduce some more residential, introduce some office, some small hotel use as well. And not expand as much the retail in the future. Reduce the potential or projected increase in retail to create a great mix. And that's what's driving this to allow us to move around the pieces within the Design District. No increase in FLR (Floor -Lot Ratio), no increase in density. Allow them to move around those pieces to create those additional uses. And another important thing has happened as well. We are hopeful and optimistic that Brightline will locate a station there. And that these changes are designed, particularly the ones involving Tuttle South and Tuttle North to City of Miami Page 156 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 accommodate a Brightline station to serve that part of the community. Cesar has taken you through the sites. But 1 want to just show this to you again for your edification. The Tuttle South site is the large site that backs up on 1-195. Tuttle North, which retains the height that it's always retained, is the block to the north. You see where the likely Brightline station platform is. And by the way, this location for a station has been in every regional transportation master plan from the South Florida Regional Transportation Authority, Tri-Rail for over 20 years. This has always been looked at as a great location for a station because of its centrality and connectivity to the beach and the airport as well. These show you the -- these are schematic. These are not actual proposed buildings, but the idea of what Craig has or the gateway site. And as you know, and you can see by the architecture Craig has done here. Not only here, but starting 30 plus years ago in South Beach and then doing Aqua in Allison Island, where St. Francis Hospital was, where I was born. He always has great architecture. And he believes that you can make a more elegant building with a greater statement at the entrance, the Design District, if you can just slightly increase the height on this one particular parcel. Not increasing the intensity, not increase the density. This shows you other images of it. Shows you the -- an image where it's connected to the train station. And just very briefly before I turn it over to Craig. This is a schematic rendering of a -- the train station and where it would be located. And this shows the connectivity of the train station to the Tuttle properties and the rest of the Design District as well. Finally, I'd like to speak very briefly about something Craig has devoted a lot of time and energy, and resources to, which is improving and enhancing traffic access for this neighborhood. And he can speak about this more as well if you'd like. But no one is doing more to improve the traffic situation in that neighborhood for the benefit not only of himself, but also for the neighbors like the people in Bay Pointe, than he has done. Number one, there's already been approval of -- by this City and funding set aside to create a crossover on 42nd Street across the railroad tracks to provide another two Dixie Highway, or Federal Highway, to provide another access point in and out of the Design District. So, everything doesn't have to go down to 36th Street or come in off of 38th Street. In addition, the train station, as I pointed out to you, if the train station is awarded, it will be at that location, further making access to the Design District easy without having to use a car. One significant thing that Craig has spent a number of years on, probably four years now or more in working with FDOT (Federal Department of Transportation), is to create two new ingress and egress ramps off of 1-195 that would exit and enter on North Miami Avenue. So, anyone corning over from the beach who's going to the Design District or Midtown or any of those other points west, would not have to get off at 38th Street and cross Biscayne Boulevard. They could get off at North Miami Avenue and similarly, eastbound traffic to Miami Beach would not have to again go through 36 Street in that congested intersection. And Craig can explain to you more the -- where it is at, but it's at the point of almost, I think the PD&E (Project Development and Environment) study being done. So, he's scribed mightily to improve that situation. Finally, and I'd like to introduce Craig to address this, is to talk about the extensive community outreach, and his philosophy with regard to that. I -- just before Craig gets up here, there's just one thing I want to say. I mean, I've known him for over 35 years, He invested in South Beach with Tony Goldman when no one was investing in South Beach, restored properties, and made that neighborhood a success. He then bought the abandoned St. Francis Hospital and developed it as Aqua, a residential community that has received international awards for the quality of its architecture and planning. And over 25 years ago, he bought the property in the Design District, which is in an abandoned, dangerous (UNINTELLIGIBLE) neighborhood. And that was his vision and then joining up with his partners, that has created what we have today. It has been a gift to this community and to the neighborhood and to this region. I'd like Craig to conclude. Pardon me, pardon me, one bit of housekeeping. We have entered three things into the record. One is the economic impact analysis by Andy Dolkart. Another is a letter of support by the Buena Vista East Historic Neighborhood Association. And finally, two minor City of Miami Page 157 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 modifications that were agreed to at PZAB (Planning, Zoning and Appeals Board) on the regulating plan. Which -- and this is important, these amendments, so they're simple, but they are important. There can be no transfer of density or FLR from any property in the Design District to the Tuttle Street properties. In other words, the Tuttle Street properties are kept at whatever their density and intensity is. The underlying density and intensity that they have had actually for decades. So, with that, I turn it over to Craig. Vice Chair Russell: Good afternoon. Craig Robins: Thank you. I feel like I had just attended my own eulogy. It's very kind of you, Nelsen. It's not normal that someone gets to live and hear people say such nice things about them. 1 don't want to take up a lot of your time. I'd like to make myself available if there are any issues or questions or concerns, but 1 would like to say a few things. Vice Chair Russell: Craig, just your name for the record. Mr. Robins: Oh, Craig Robins, CEO (Chief Executive Office') of Dacra -- Vice Chair Russell: Thank you. Mr. Robins: -- on behalf of the Design District. I apologize. Thank you, Mr. Chairman. The first thing is that, throughout my career, 1 have never gone and asked for anything from the City without first working very hard with the neighborhood associations around me, and that's because our priority is to do something that's not only better for our community, but the communities around us and to instill that philosophy, share that philosophy, and also hear what they have to say and modify our ideas to accommodate them. And I will tell you that every single community association that has had any interest has met with us, I have offered unlimited time to meet with them, and I feel like we've worked through almost all of the issues that were really of concern with the associations. Of course, as elected officials, you know that you never have 100 percent consensus on anything, but the associations themselves have all said either they are going to support us, or, equally importantly, they're not going to oppose us. The only one that remains is Bay Point. We had an incredible meeting with Bay Point, and, to that end, they said that if they do have any comments, either positive or negative, they're going to reserve it for the next meeting. So, I know that you know how unusual it is for a developer to be coming for some modification to zoning and to have not only met with but worked out most of the essential issues with all of the associations around them, and that's personally important to me. Secondly, and something that I think is exemplary, and I hope that you consider this as other matters come up in the future; this is what SAPs are really all about. This SAP has enabled the Design District to become the Design District. It wasn't about increasing zoning. It wasn't about increasing traffic. It wasn't about getting other rights. It was about making a neighborhood work, when one person owns -- or one group -- because it's not me, it's our partnership. But where one group owns 70 percent of that area. We wouldn't have been able to do the plazas and the Paseo Aponte and a lot of the things that Nelsen showed you if we didn't have this SAP, and the only reason we're here today is because, as we continue to work, we don't want to take up your time. We know how valuable your time is, but we learn that, in order to really continue to do what we've been doing on the level that we've been doing it certain modifications will facilitate that and enable us to do it. And I would say my main message today is I hope that you -all will entrust us and enable us to continue to do what we've been doing, and that's the only reason we're here before you. And one of the key things about our proposal that I think everyone needs to understand because there's a lot of confusion, not only are we saying that we don't want to increase any of our FLR or density within the context of our SAP, but, in totality, we are waiving 100 City of Miami Page 158 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 percent of the bonuses. So, while we want to he able to move things around, and, for example, on Tuttle Street, we're going to increase -- we're going to, like, use what the amount would be to the bonus so that we can have a real flagship building, an iconic architectural structure, a gateway building when you come in the neighborhood. We're going to lose that square footage from within our SAP, and therefore, there is nothing that we are going to build in this project that we couldn't do as a matter of right, but in addition, we're committing that we're going to forego lots, hundreds of thousands of square feet of bonuses that we could do as a matter of right because we're waiving that. I hope that you consider this worthwhile. I promise you we won't let you down. We'll make you proud, and this will facilitate the next iteration of the Design District that I think can make it even better and more exciting for all of us. Thank you. Vice Chair Russell: Thank you, Mr. Robins. So, gentlemen, if you have any preliminary questions from that initial presentation, we can entertain us now, but what I intend to do at this point is to consider the intervenor -- Commissioner Watson: Leave -- leave -- leave -- Vice Chair Russell: -- requests. Commissioner Watson: I'm sorry, Mr. Chair. 1 want to leave that up. 1 want that to stay up. Vice Chair Russell: Could you stay that -- leave that presentation up, please, so we can reference it as necessary. Commissioner Watson: Mr. Kasdin almost -- Vice Chair Russell: Did you want to reference it right now, Commissioner? Commissioner Watson: Yeah. Mr. Kasdin almost put me to sleep but let me see if I can get back on track here. Vice Chair Russell: Commissioner, pull that mic down. Commissioner Watson: Is Mr. Badia still in the building, Hector? Is Hector still here? Vice Chair Russell: Hector Badia. Commissioner Watson: Yeah. Is he here? Can you go to the MDD (Miami Design District) access slide, please? So, last meeting, all of the hullaballoo we had -- right? -- this 42nd Street crossing, this stuff we did, was this -- so you look at this slide at the top, that first red east -west arrow, was this to help alleviate this whole traffic access - Hector Badia (Assistant Director, Capital Improvements Program): Commi -- I'm sorry. Commissioner Watson: -- this whole traffic access we're having? The last meeting, we went through an exercise with, I guess, FDOT and someone else regarding the alleviation of the congestion here, right? 42nd Street, 2nd Avenue, is this -- is this something that we did, and we dealt with? Mr. Badia: This is the crossing at 42nd Street -- Commissioner Watson: Yes. City of Miami Page 159 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Badia: -- you're referencing? Yes, sir. That -- we -- Commission passed a professional parties agreement for that. Commissioner Watson: Okay. So, in fact, that's not proposed. That's something that we're going to do to help that area? Mr. Badia: Yes, sir. Yes, sir. Commissioner Watson: Okay, because then I see here also this proposed off -ramp. I've said to Mr. Robins at some point, I think the only intersection worse than the one here that 1 guess we've done something now is the one on North Miami. So, now, that's an issue, but this is something that's also proposed as well. I just wanted to make sure that we're doing something because the congestion is bad notwithstanding whatever we might do. And so let me say from this perspective, and I can say this, Mr. Robins has probably the last, now, 20, almost 30-some-odd years created one of the most beautiful spaces that exists in our City. So, this has nothing to do with Mr. Robins, but what we going to do so everybody can exist in a great environment. The issue of -- I wanted to find out about Blue, and I was told that -- the traffic issue, though, here on North Miami and Biscayne Boulevard is horrible. One of the things that was not entered into the record was -- have you done a traffic study? (COMMENTS MADE OFF THE RECORD) Commissioner Watson: You have done a traffic study? At some point, can you enter that into the record if you don't have it -- if you don't have it today, because I'll say that in a testament to Mr. Robins having done a beautiful space is Mr. Arnel (phonetic) thought it was a beautiful space too, right? And so, I need to see a traffic study so we can understand what's going to happen in addition to it, right? Mr. Kasdin: Commissioner, we'll enter that into the -- provide you with that. Commissioner Watson: Because there are neighbor opposition to this, as well as their supporters. You entered into the record Buena Vista East that you do not affect as much as you affect the neighbors right to the north. So, please, before we hear this again, make sure that we know the results of those Bay Point discussions because they're important to what we're doing here, okay? Mr. Robins: May I -- may I just respond, Commissioner - Vice Chair Russell: Yeah. You're recognized. Mr. Robins: -- to one thing? Just for clarification, and I intended to say this, but 1 wanted to be brief. Our project, this SAP before you, does not allow us to build one unit or one square foot that we can't do as a matter of right. So, there is nothing about this project that will increase traffic beyond what we can do as a matter of right. In fact, it will decrease what we can do as a matter of right because within the total SAP we are going to waive our right to the excess that we could build using bonuses. And so it will actually decrease traffic as a matter of right. Now, of course, that doesn't mean that we shouldn't, and we haven't submitted a traffic study. And it also doesn't mean as a member of the community that we should not do everything we can to improve traffic in that area, not only for our neighbors, but also for ourselves. If it's hard for our customers to get there, that's bad. And so Neisen explained to you we've spent hundreds of thousands of dollars, worked with the City, the State, and Brightline to do three fundamental things that will dramatically improve traffic. One, get a train station. If there's a train station there, it means that a lot of people don't have to get in cars. They can get to the Design District without getting in a car. The second thing is City of Miami Page 160 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 that you have a horrible five point intersection at 36th Street. Commissioner Watson: That's an understatement. Mr. Robins: So, we have worked with the City, the County, and the State and Brightline to do what you guys know is almost impossible. We have secured a rail crossing at 42nd Street so that the cars coming down Northeast 2nd Avenue will get diverted at 42nd Street, and therefore, there will no longer be a five -point intersection at 36th Street. You can't go north or south from Northeast 2nd Avenue across 36th Street anymore. You're going to do it on 42nd Street, and so that'll mean that there'll be a normal a four -point intersection where you go north -south from what we call Federal Highway to 2nd Avenue, east of the railroad tracks, and so the train won't interfere with it, and then you'll have the normal east -west traffic on 36th Street. And lastly and most importantly, we all know how disastrous it is that everybody west of Biscayne Boulevard only has one way to get to or from Miami Beach, and that's to cross Biscayne Boulevard at 38th Street and 36th Street. We have spent hundreds of thousands of dollars, hundreds of hours, diligently worked with the State, the City, and the County to try to get these ramps on North Miami Avenue, and it's moving along. So, A, we're not doing anything to increase traffic, and B, we're actually waiving rights that would increase traffic, and C we are spending a lot of resources to still try to improve the area. And if you would just hold everybody to that standard, I think we have an extraordinary progress in our city. Thank you for indulging me, Mr. Commissioner. Commissioner Watson: No problem. So, I'm glad you opened that door, Mr. Robins. Mr. Pons, can you come back please? Mr. Garcia -Pons: Yes, sir. Commissioner Watson: So, in the context to this SAP because I think that it's always used, and it's not really understood per se. This word, "gateway," that's kind of loosely defined in terms of what we consider gateway, right? Mr. Garcia -Pons: In this case, it's specifically defined. We've added a definition as to what a gateway is in the SAP. So, the SAP has definitions. Commissioner Watson: But when I asked that question, the other day it didn't seem like it was that specific. Mr. Garcia -Pons: So, the question you asked was, Is a gateway defined in Miami 21 as a thing?" And Miami 21, it's not defined. Commissioner Watson: It's not defined. Mr. Garcia -Pons: In this SAP -- Commissioner Watson: But say that louder because then, we wind up getting lambasted for a lot of reasons. And the vehicle itself,' the vehicle is what it is, but our Code now does not define it very specific, and I think that's what people don't see. So, I just wanted to make sure that that's clear, all right? So, all right, I just wanted to -- Mr. Garcia -Pons: Yes, sir. Commissioner Watson: -- query that. Let the record reflect that the applicant put on the record, for the record, a traffic study. Mr. Garcia -Pons: Thank you. City of Miami Page 161 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Any other questions for the applicant at this moment? We'll get back to them. So, as a quasi-judicial hearing, the way we are going to conduct this now is we will entertain the application for intervenor status for Mr. Savage's client and abutting property. And from that point, if granted intervenor status, he'll get equal time. We'll be able to cross-examine and ask questions of the applicant and the Administration, and of course, we can ask questions of him as well. Barnaby Min (Deputy City Attorney): Mr. Chairman? Vice Chair Russell: Yes. You're recognized. Mr. Min: Would the applicant agree to the intervenor status? Perhaps that will save us some time. I don't know Mr. Kasdin's position. Vice Chair Russell: So, this particular intervenor was granted intervenor status at PZAB. I don't know if there was opposition to thatfr-om the applicant or if the applicant has a position on intervenor status. Mr. Kasdin: And Mr. Chair, I just like to hear his presentation as to the basis for his status, and then I'll -- Vice Chair Russell: They're reserving their opinion. Good afternoon. Paul Savage: Okay. Thank you, Mr. Chairman, again, my name is Paul Savage, of Law Offices 2555 Ponce de Leon Boulevard. I'm here with MacArthur on behalf of MacArthur Properties III. In this particular little segment, I'm only a directing my comments to my request for formal recognition of intervenor status. That was unanimously voted upon by PZAB and also conceded, at that time, by the applicant and the co -applicant, the City. The facts haven't changed since that time, but just go ahead and go through it. I have introduced into the record the same package that I handed out at PZAB. And that package talks about the Miami 21 definition, includes abutting property. I'm abutting property. If you look in your screen, you can see that my site -- my client's site is directly across the street from the Tuttle sites or the Gateway sites. And this is the applicant's actual slide here showing the vehicular circulation that goes around my site -- my client's site, rather. And number one, this enactment before you does give a special height variance right across the street. The definition of intervenor in your Code is, "Anyone who is affected more than the City -- than the public at large." So, that you don't want to give it to somebody that's just across town and they have some kind of a beef with the applicant, and they really don't have any impacts. We are the opposite of that. We are directly across the street. The -- you may not be able to see it there, but I'll show you here. This is also their rudimentary site plan, which is not their final site plan, of course, but, you know, they're giving you some renderings to show what they're thinking about. And I've put in red, there's my site there. Again, right across the street, we're going to have all of the traffic that flows from this project go to our principal frontage. I want to make the point that we're the only site in the area that has our principal frontage across the street from the gateway site. I've got some -- in this slide, I've pulled out some of the highlights from my intervenor motion that I filed earlier. And again, it talks about both, under the City standard as well as the case law, we are affected more than the citizens at large. And we're also saying that there's some illegal problems here with the notice, with the Code, and if you're alleging those, I was able to defend a motion to dismiss in a case with Miami World Center where I had standing and was able to show that. And I've attached that to my materials when I got that order. So, I've been, you know, working at this for many years and all of my colleagues in the zoning bar have looked at this and said, "If you don't have intervenor status as an butting property owner across the street from a 36-story tower, then I don't know who does." City of Miami Page 162 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 We -- our traffic circulation -- if you can look at this slide, there's actually kind of an "S" here that flows -- the traffic that will come -- our site is there on the right-hand side, Mr. Robin's sites are on the left. So, really not only just those gateway sites, but really for the whole southeast, it just kinds -- it's a pooling effect so that anyone who needs to go to westbound 1-195 has to go not only in front of, to the side, and around the back of our property. So, again, there's another picture of our site. You can see 1- 195 at the -- in the south there. So, again, let me just make sure we are abutting, we are across the streetfrom the gateway sites. They have introduced today some changes about density on the gateway sites. But one thing they didn't mention is they changed the definition of what is a unit so that there's certain apartment hotel units that are described as these sort of dorm type units, loosely defined, and those only count as 0.5. So, even if they don't bring any additional density right across street from us, you know, if you're entitled to ten cookies and all of a sudden you say, "Well, it only counts as 0.5, " then you're going to get 20 cookies. Okay, so they've counted units in this document as 0.5, and that way they doubled their density as to certain kinds of units. So, that's going to go across the street from us, most likely. And as the staff mentioned, most of this density in the like is most appropriate in the southern end, which is closest to us. And lastly, I want to say in support of my motion to intervene, again, we have a, basically, a height variance across the streetfrom us and all the traffic that will be generated in front of, and around our site. But this, if there's one thing I want to say and that is nowhere did the staff or anyone mention that they have repealed the master plan, which for 16 years or more has put a cap on the total development capacity of the master plan. They repealed that and I'll show that in my case -in -chief. But lastly, they have not done a traffic study. I have the traffic -- Vice Chair Russell: Mr. Savage. Mr. Savage: Yeah. Vice Chair Russell: So, some of what you're getting into -- is into the substance of your opposition. Mr. Savage: Okay. Vice Chair Russell: I'd like to stick to just the intervenor status qualification at this point. Mr. Savage: Very good. Okay, so I think that I've made all my points. And in conclusion, we have additional traffic that will be generated by the site. There will be additional development both across the street and across the entire district. We are uniquely positioned next to the ramp so that anyone going west on 1-195 has to come in front. And we are intimately involved with the subject of traffic flow. I want to make one last point in support of my motion to intervene. We are incorrectly looking outside of a zoning district at other buildings for zoning appropriateness but looking inside the district for traffic data. And it should be flipped -- Vice Chair Russell: Again, substantive. Let's wait because definitely have time to get into that and -- Mr. Savage: Yeah. Vice Chair Russell: -- we'll give an equal time. Mr. Savage: Okay. Vice Chair Russell: So, a question -- a couple of questions for you please. So, and this may be academic, but if there is -- well, let me go to the density first. You mentioned City of Miami Page 163 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 that hotels count as half a unit. And 1 don't think that's something new they're inventing so as of right, onsite now, if they were to develop hotel use, that would still be the case they could do half units to count toward their density, correct? Mr. Savage: fin sorry, repeat that question. Vice Chair Russell: You mentioned that they're counting hotel rooms as a half a unit and that's a standard calculation in our Code. So, how is that actually adding density more than what they are allowed to, by right, as of now. Mr. Savage: Well, okay, so you have a document that's in front of you now that is in strike -out and underline. And there's the state of the world right now and what they can do under that document, and now there's strikeouts and underline. So, we're going to go from one day to the next, you cannot have a 36-story building and after you guys sign this, assuming you do, they're going to have a 36-story building. Likewise, that definition of 0.5 is not in there now, it's new. They are increasing those units, I'm sorry, that's a doubling of a certain density that is not allowed today, and will be allowed tomorrow or, you know, in two months or whenever this is done. Vice Chair Russell: Thank you. So, TM going to bring that to our planning director in a moment and the only reason I ask that is because if hypothetically there is no additional density being sought or square footage being sought, only height, my question is, how are you being adversely affected in a greater way than the general public? If there's no additional true density, and 1 know you're asserting that there is, but if there were no additional density and no additional square footage, isn't there -- simply by them going higher, how does that affect you more than anyone else in the city? Mr. Savage: Well, because if I'm somebody on the other side of the city, I don't see a building that's taller. And by the way, one of the slides that I will show, or you can see on that board right there is they take Miami 21 transect zoning and put a giant `X" through it. So, if I'm somewhere else in the city, I'm going to enjoy stair -stepping transect zoning without any dramatic surprises. If you enact this, now I have a building sticking up without the transect regulations which have a giant line through them. So, yes, I'm going to be affected. Somebody 20 blocks away still has Miami 21 transect zoning. You guys are going to strike it. So, now I'm going to have a building that is out of character with the community in the district where we should be looking. Vice Chair Russell. Fair, so your point is that because they would be going higher than they could now, it could be blocking views, reducing values, et cetera, for your property once developed is that the -- Mr. Savage: That's correct. We have transect zoning for the protection of the public for a reason. That's going to be taken away. Vice Chair Russell: Understood. So, Mr. Kasdin, based on what -- Mr. Savage, are you done, Mr. Savage, in terms of the presentation for intervenors status? Mr. Savage: That, together with the document that I put in, which quotes the Renard Standard that I prevailed in Miami World Center that not only am I affected under your definition, I'm also challenging the legality and notice and other things which also -- Vice Chair Russell: We will get into that. I have that there. So, based on that, Mr. Kasdin, do you oppose intervenor request? Mr. Kasdin: Very briefly, Mr. Chair, I'd like to make a couple of points. City of Miami Page 164 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Yes. Mr. Kasdin: Number one, I don't think he's established a harm particular to his property different in kind from other properties. And I'd like to point to a couple of things. Number one, he says that traffic will flow from the Design District to his property. Look at the illustration he put up there and those of you who know the neighborhood. Where his property is, his site, traffic only flows into the Design District. You cannot get from the Design District on 38th Street, or on Biscayne Boulevard to his property. What's important to understand it has no impact whatsoever. Number two, and Mr. Chair, you correctly pointed this out -- Vice Chair Russell: Niesen (UNINTELLIGIBLE) I apologize. 1 just need a clarification. If someone were in the Design District heading east on 38th Street, could they not cross Biscayne Boulevard and enter the Cloverleaf? Mr. Kasdin: You can't go -- you have to go from Biscayne Boulevard and make a right turn. Vice Chair Russell: Okay. So, you cannot cross eastbound there? Mr. Kasdin: You cannot cross Biscayne Boulevard. It's one-way. Right. Vice Chair Russell: So, you would take a right, heading southbound -- Mr. Kasdin: You'd have to be going north on Biscayne Boulevard and make a right on 38th to go east on 38th. Vice Chair Russell: Got it. Mr. Kasdin: You can't go from the (UNINTELLIGIBLE) -- Vice Chair Russell: Understood, thank you. Mr. Kasdin: Point two, and you pointed this out, Mr. Chair, there is no increase in density, and perhaps my colleague, Mr. Savage, doesn't understand that an SAP only changes certain aspects of the zoning particular to the special area plan area. All other portions of the Miami 21 Code apply. And that includes the fact that for density calculations, hotel rooms are done at a 50 percent rate of residential. So, that's not a portion of the Code that we changed. In summation, I would like to say this, I do not believe that he has established that he has a particular harm or impact. One last thing I would like to point out because we really need to put this on the record. Mr. -- that site, his client's site, he tried to do two things, to vacate an alley, to make it a larger development site, and to increase the zoning on that site. Mr. Robins opposed that. He opposed it because it was bad for the Design District, and it was bad for the neighborhood. Because that is a critical intersection, it is the entrance ramp for 95, you can't get into or out of that project. So, imagine a large retail or office project on that corner, where you have no access in except off of Biscayne Boulevard, in essence, or crossing the Julia Tuttle Causeway and coming in that way. The reason why he's here today is because Mr. Robins thought that was bad for the neighborhood, and bad for the city, and that's the basis for his objection. The final thing I would say is this, I don't believe he's established standing, I believe that the motive is not as he expresses it, that there's an alternative motive that I've expressed to you. That said, we are fine with letting him put on the record whatever he wants to put on the record. We are fine with him questioning Mr. Robins if he wants to, so that there can be no question that he has had every opportunity to put whatever he wants on the record. City of Miami Page 165 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: So, you are open to intervenor status? Mr. Robins: Mr. Chairman, may I add one thing? Vice Chair Russell: Yes. Mr. Robins: So, Nelsen, alluded to this, but this is critical for you all to know, and I would not have brought this here today had the MacArthur people not wanted to bring this up. You just listened to someone telling you how horrible it's going to be, that there's going to be more traffic going onto 195 and how they're right in that path. Let me tell you the difference between the Design District and the MacArthur property. Design District is on the westside of the street, and we all know that everybody on the westside of the street, they can go west by going to North Miami Avenue. They can go all over the city by being on different streets. But what these people want to do, and what loppose, and the reason that they're trying to be vindictive now, and Mr. Savage doesn't know about this. This was meetings between me and his clients. He wasn't participating in them necessarily. They want to build a massive building on that site and every single car would have to come in and out on 38th Street, blocking the entrance to 195 for everybody in the city, and that would be a horrible thing. It's not that I'm against another developer. And most importantly, you all control it because there is a vital public alley right in the middle of their site. And therefore, they cannot do anything meaningfully vertical with that site unless you decided to vacate that alleyway. And it would be insane given what Mr. Savage has put on the record for you to ever consider doing that when you would be dis-enabling all of us to have an additional option for public access in the future, and you'd be facilitating a project that otherwise can't happen. Now, once you know that that project can't happen, there's really nothing we would be doing to harm them despite what he's saying. I apologize for putting this on the record and I wouldn't have done it, but you need to know how much power we all have in this instance to stop a developer from doing something which he 100 percent cannot do. And the difference is, we can 100 percent do what we're doing in 20-stories and have a less attractive, you know, wider building. All we are trying to do is what we've been doing and do something that will enhance his client's property as well. Vice Chair Russell: Thank you, Mr. Robins. So, -- and this request isn't a secret because in my first year in 2015, and actually before I -- just before I was in office, there was an application on the MacArthur property. I remember attending public meetings on that, et cetera. So, it's not that their development interests are unknown. And, of course, even the catty -corner upper right is Mr. Bloomberg's property. So, this is not a friendly group of neighbors, this is counter development interests and that's all understood. So, if I understand correctly, though, regardless of those reservations, you do not oppose intervenor status? You do oppose? Mr. Robins: No. Vice Chair Russell: You do not oppose? Mr. Kasdin: We do not oppose it. We just want it known on the record that we don't feel he meets the standard -- Vice Chair Russell: Understood. Mr. Kasdin: -- that's required under the law. Vice Chair Russell: And we don't -- if you're not opposing, we don't actually need to get into that. And so, Mr. Savage, you are recognized as an intervenor. You don't need a motion for that, Mr. Min? City of Miami Page 166 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Min: No. Vice Chair Russell: If they -- if they've agreed to it and there's no opposition, we don't need to make a motion. All right, and so, I do have a couple of questions for the planning director, please, before you get into the substance of your presentation, Mr. Savage. So, one of the things mentioned was a density count. And the applicant has said that this entitlement would not create any additional density, no additional unit. However, Mr. Savage has already stated that because they can count certain units as hotel units, which would be a half unit, they'll get away with twice as many under the sane count. Is that true or under -- as of right could they do that today, anyway? Mr. Garcia -Pons: As you said, they can do it as of right today. Hotel is a -- as of right use, hotels are measured as half of a unit. So, the apartment -hotel -- a condo -hotel is measured the same way. So, it has the same equivalency as a hotel. Vice Chair Russell: So, they could take advantage of that density count today. They can take advantage of that density count, if this were to pass, it would make no difference? Mr. Garcia -Pons: They can take -- they can use the hotel -- if they choose a lodging use, it would be calculated the sane way. Vice Chair Russell: Okay. So, this entitlement does not seek additional density by any means? Mr. Garcia -Pons: It is the equivalent of a lodging use. Vice Chair Russell: Right. Understood. Okay. I just wanted to clarify that to be sure we weren't making a mistake. You know -- I mean, and if you disagree, I'd love to hear the counter point to that and that's part of -- Mr. Savage: Okay. Vice Chair Russell: -- why you have intervenor status at this point -- Mr. Savage: Yes, sir. Vice Chair Russell: -- because a big part of their presentation is that they are not increasing square footage use and they're not increasing density unit capacity. And so that's -- that's a very bold statement on their behalf: And if that's not correct, this body would like to know that. So, our zoning -- I mean our planning director has stated that they are correct. That they are not getting any additional density opportunities, that that half count exists to them now and it would exist to them afterwards. Do you disagree with that? Mr. Savage: Yes, because if you listen very carefully to his answer, he said, "Yes, if they called it a hotel. " They have a new definition in here called condo -apartment -- hotel-apartment. I mean, I have it in my slides when I get there, but -- look, if they already have the ability, they didn't go through the trouble to pay very expensive counsel and everybody else to do a strikeout and underlining and add it in there. They're getting to what they don't have. So, if -- if they -- maybe they could do it as lodging as the staff is saying, I don't know that, but I'm assuming they're correct about that. But they can do condos and they -- in the definition, if you look carefully, they have a kitchen. And so, there's a description in there that it's a smaller unit maybe for students or something. But who's really going to police that? I mean, how do we really know what they're going to do with that? And that is a designation. It's a new City of Miami Page 167 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 definition that doesn't exist in the code. Vice Chair Russell: Are we looking at co -living here? Is that what we're talking? Mr. Garcia -Pons: No, sir. The co -living is a completely different item. Commissioner Watson: That's -- Vice Chair Russell: Because what I'm hearing is a shared kitchen and micro unit surrounding, am I not? Mr. Garcia -Pons: It is not a shared kitchen. Each of the rooms can have kitchens, just like a hotel room can have a small kitchen in it as well. There isn't a -- there is a planning director interpretation that established apartment-hotels/condo-hotels that I can find in and read into the record that this is taking from that interpretation, dropped into SAP so that it's part of their SAP. And in the interpretation from the previous planning director; it shows an equivalency between this use and a lodging use. Vice Chair Russell: Right. Mr. Garcia -Pons: So, it is citywide the ability to have apartment-hotel/condo-hotels will be treated as a lodging use and measured as a lodging use. Vice Chair Russell: What you call it doesn't matter so much to us as the unit count. So, as of right, have you done a count on their maximum capacity of density? Let's say they want full lodging on their current entitlement. Do you know how many units they could do on this site? Mr. Garcia -Pons: I haven't done the math, but as an example, if they have 1,000 -- excuse me, 100 dwelling units -- Vice Chair Russell: Yeah. Mr. Garcia -Pons: -- they would be able to do 200 hotel units. They would be able to do 200 apartment-hotel/condo-hotel units. Commissioner Watson: But -- Vice Chair Russell: You're recognized. Commissioner Watson: -- but also be clear, that's by code, by right. That's how we count. That has nothing to do with SAP, right? Mr. Garcia -Pons: Correct, and that's the difference -- what we're doing -- Commissioner Watson: I just want to make that -- because people hear stuff and then they hear what they want to hear. It has nothing to do with SAP? Mr. Garcia -Pons: It is not. The difference -- Commissioner Watson: How we count, whether we're in Biscayne Boulevard or West Miami, okay? One residential unit equals two. Mr. Garcia -Pons: Lodging units or apartment -hotel units. Commissioner Watson: Okay. City of Miami Page 168 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: I'm satisfied that 1 do not hear that there is an additional density being granted. And that's what you're stating? Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: Okay. Then we may agree to disagree, Mr. Savage. Mr. Savage: Okay. So, Chairman, I appreciate you throughout the day monitoring the status of the procedure. And just so that we keep that good practice going, would you like to go ahead and impose upon me some time to do an intervenor presentation, or can 1 start that now? Vice Chair Russell: Yes, you can start that now, we actually did not restrict the initial presenter to time. So, we'll do roughly about the same. It must have been about 20 minutes if I'm not mistaken. But roughly we're not -- we're not being too rigid here. Mr. Savage: Okay. Vice Chair Russell: How long is your presentation? Mr. Savage: Pardon me, sir. Vice Chair Russell: How long is your presentation, if 1 may -- Mr. Savage: I was going to say 10. It'll be -- that'll be -- the 20 will be more than enough and it'll be very conversational, and I'll get through it. Vice Chair Russell: You have the floor. And someone may interrupt you to ask a question just a clarification or -- but it won't interrupt your time. Mr. Savage: Okay, great. So, we saw that, you know, my site -- my client's site is right there. We're monitoring this very closely. We talked about the intervenor status. One thing I do want to put on the record is, the Commission got today some of the latest documents. And so, these are critical. There's 1,800 pages in the packet. They did make some changes after PZAB because they conceded certain things about transferring density. And we want to make sure that that was done. And so, there's various red lines and the like. And I don't think that this was adequately noticed for the public because the package that the Commission got as -- which is the same one available to the public, does not have the latest documents. So, I think that that needs to be cleaned up together with the materials from PZAB. There was a technical problem, and it was not loaded. Also, there's a notice problem on the development agreement. It requires a Florida Statute, and you have to put density and population and things like that in the notice. And I think is another reason why if you want to clean up this record, it would be a good idea to continue this item, to allow for a traffic study and other things to be done. Now, as I explained before, the traffic circulation in this area is critical, and for -- for our site and everything. I want to make a couple of things clear. The City of Miami no longer wisely will allow a co -- the City to be a co -applicant for an SAP. They are correctly viewed out there on the street as special rules for special people. Because if you get an assemblage, you can go in and you can create your own zoning district, which is -- which what -- which is what happens here. And this amendment results in the Design District having the benefit of being in an SAP, of not being in an SAP, and getting certain things that nobody gets. And so, I'm going to explain how that's happening. But my most important point, Mr. Chairman, if you -- if I run out of time, or you throw me out of City of Miami Page 169 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 here or 1 have a medical problem, there's one thing I got to say on the record is, we need a traffic study. This item needs to be continued for a four months or so to have a traffic study. The applicant did not testify correctly when they said -- when they answered Commissioner Watson and said, "Yes, sir, we did a traffic study. "Now, if you look at the front of that document and look at the red line, it says, "Trip generation analysis. " You'll also note that it's a total of two pages long. I have the last proper traffic study in my hand, and it is dated 2013. And if you don't think that the world has changed for traffic since 2013? Plus, with this amendment, there has not been a valid traffic study. And all these things, you know, listen, we all respect Mr. Robins and everything that he did and all the beautiful artwork and everything, but to come in here and talk about my client's project. You know how we met Mr. Robins for the first time? He came in and objected to our four-story project on traffic issues. And now we're getting 20 acres of zoning changes and we -- we're not entitled to a traffic study for the community? This needs to have a traffic study, a proper traffic study. They definitely have the funds and the professionals to do it. And the trip generation analysis that bootstraps 2013 information, that is not a competent traffic study. It's a trip generation analysis. And the other reason why it's wrong is that and this is critical and it's very -- little complicated. Took me a while to get it. Special area plans are based on a master plan. That's why you do it. You have a master plan community that is -- and there is a chart typically in the concept book that has a conceptual plan and a development program -- the development program. This development program started about 2.6 million square feet across the whole thing, and then things changed. Some lots were taken away, some were added. Now it's up to say 3 million. They are repealing the master plan and reverting to Miami 21. Let me say it again, they are repealing the master plan. So, the problem with it is that the trip generation study relies on the development program, which -- and I'll show you that in my next slide. The document, Mr. Chairman, that you are holding in your hand, is also in my slides up right now. And what it does is typically they'll say, "Listen, here's the entitlements we have right now, here's what we're going to, you know, we're asking for, this variance, this additional entitlement and we think, you know -- and then here comes the traffic analysis." Well, the problem is the data, the baseline data that we're using for this trip generation analysis is from 2013. And then they're saying, "Our development program is a million square feet of various 52 hotel rooms, " et cetera. Now they're saying, "All right, we're going to bunip that -- we're taking down retail a little bit. We're going to bump up some other categories or whatever. " and that's going to create so much traffic. I have asked the Planning Department since the end of the PZAB if this is the development program, please show me the development program. Show it to me. Where does it say that you're going to now build 700,000 square feet of office space in the -- and the problem is that it's gone. They have struck it. So, you can't use the development program for your traffic data when it's convenient, but then repeal it when it's convenient for the zoning. They don't have a traffic analysis; they have to do a new one. This needs to be continued for -- on those grounds. Vice Chair Russell: Mr. Savage, but I just want to understand though, if we -- and I know you disagree on the density question, but if it's just the change of the shape of a building, it's going to be a tall, thin building instead of a short, fat building, but there's no additional square footage or no additional units. How does that change the traffic? Mr. Savage: Okay. So, we're talking apples and oranges. And I understand because I'm doing it, too, on this very complicated iteni. There's the gateway sites and the towers that were -- that we see. But you have to understand this is also 20 acres of Design District. Vice Chair Russell: Yes. City of Miami Page 170 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Savage: Their traffic analysis is on 20 acres of Design District of a master plan. Saying, "Okay, we had 500,000 square feet of this, now we're going to have 300,000 square feet of this, these many hotel rooms, " et cetera. What I'm saying is that data doesn't exist. They repealed the master plan. They're just going to the zoning of each lot. And so, there is no development program that -- they needed to do -- you cannot use 2013 and then extrapolate from there, you need a new traffic study for this 20- acre change. I can show you here in this chart that extrapolates the text of the Kimley Horn document. This is the state of the world in 2013. We're coming down in retail, we're going up in office, we're going a lot up in restaurant, we're getting another 315,000 square feet, plus another 221 hotel rooms and multi family. So, this is what they're using for traffic analysis. So, 1 say to the Planning Department, where does it say that they're getting these additional entitlements? Please show it to me. But -- like for example, this next slide, this is the 2013 master plan, 2.7 million square feet across the whole thing, 52 hotel units, 561 residential units, okay? That was back in 2013 at the time of the traffic study 2013. This is the latest version of the master plan. Again, it was at 2.7 million total, now it's up to a little more than 3 million. Okay, great. We're going -- according to their document, we're going up 350,000 square feet of capacity -- commercial capacity. That is equal to two Walmart Supercenters or three regular Walmart discount stores. You don't need a traffic study for this much -- for this kind of additional use or it's a very, very large office building of 325,000 square feet. You don't need a traffic study for this area? But what if -- after all that, what do they -- what do they opine? There's only 18 additional trips in this track -- in this trip generation study, only 18 additional trips. So, from all this, we're getting 18 additional trips. I'm sorry. That's based on 2013 data. There is no development program that it's based on that the City can provide to me. And it all goes to show -- listen, I'm not here stomping up and down, saying do not do anything at the Design District, you know, stop this item, et cetera. What we're saving very reasonably, is this is 20 acres, can we please have a traffic study that's not from 2013? That's all we're saying. Continue the item to do a proper traffic study for the community. And for you know -- we're adjacent, so we're very concerned. Now, when I'm up here and you're looking at me like I've lost my mind because I keep saying that they've struck out the development program, this is in the intent of the regulating plan that's before you, okay? It repeals the maximum caps of the development program. If you look what used to happen, there was a development program with this, you know, 2.7 million or now 3 million across the whole thing plus the units. And then if you did a ten percent additional exceedance, you had to come backfor a public hearing. All right. That's been struck. You used to just have to come back for an exception. Now, I bet all the people that are in Miami World Center and Brickell City Center and these other places, they have these master plans, these master development plans, and then they have to come in for an exception. I bet they would be very happy to learn that they can just strike it out. And so, ifvou struck the development plan, and you're taking that away, what is there to cap the overall development capacity? Their documents are talking about 3 million across plus the residential units and hotel units. My clients are back at the office trying to figure out where are we at now that we struck the master development plan. And we're look -- I didn't do a slide because we just weren't confident in the number; but we're looking at like six million of developed additional - - additional potential development across the whole plan. So, you've basically repealed the SAP. You're coming back now to Miami 21 and we're getting the benefit of being in an SAP when it's good and the benefit of being outside of it when it's good. Now, we're just tracking this -- what's left is only the civic space. Oh, yeah, here's the Article 7 if you have to go backfor a 10 percent exception, it's gone. Why is it gone? There's nothing to exceed anymore. There's no speed limit. There's no regulating plan or master plan that should say development program to exceed. It's gone. So, they don't have to come backfor a public hearing. And some of the things about the zoning; the transect is gone, the next intensity is being struck to allow for the 36 stories that it's -- that is, you know, been repealed. This is another shot at the Design District again. If we're going to have an SAP and look at it for zoning, let's look at the City of Miami Page 171 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 buildings and things in the Design District. If you don't want to be in one that's fine hut why are we looking to the south to say, "Oh, it's compatible with some tall buildings to the south." This is a -- this tapers f •om 1-195 and then goes down to the -- to the residential, to the north. You know, we can -- like I put this photo in here, you do see the Blue back there, but it's on the other side. There's nothing in the district itself that is a -- that is a tower in the -- like the one they are proposing. We look inside the -- I'm saying here that we look outside for zoning, which is inappropriate, but we look inside for the traffic data. Listen, traffic data is an empirical scientific fact. It doesn't -- it doesn't say to itself, "Oh, I'm in the Design District now I'm going to have less traffic." You've got to do a study that includes our property. That includes the whole area. Sure, look interior for zoning, but not interior for the traffic. This is our site again. Also, 1 say that -- say that here that we can -- we can move density around. Well, the Code says you can allow for flexible allocation of development capacity and height but not density. Then we, somewhat schizophrenically, say, "Yeah, we're going to allow flexible transfer of density and that's consistent with that -- with that --, "I'm looking, for the record, on slide 25. That's a direct contravention of the Code. I don't know how staff can get there. Here's the apartment -hotel. So, now we can look at this, Commissioner. A room or group of rooms with a bathroom and kitchen facilities, it's a unit. And now an apartment -hotel or condo -hotel shall be considered one half of a dwelling unit. So, that's an increase in density. The comprehensive plan talks about maintaining the transect zones and we're not doing that. Comprehensive plan talks about 150 units per acre, we're now going up to 300 units per acre. That's an issue. Listen, there are many arguments here and I reserve all of them, but our main point here is that you can't bootstrap a 2013 traffic study with a 2021 two page trip generation analysis that relies on a development program that's been repealed. It's just not -- it's just not feasible. The community deserves, not just my client, but the community deserves a proper traffic study. And iflget a little cross-examination, I would like to ask a member of the planning staff very politely and professionally about the -- their reliance on the trip generation analysis. Vice Chair Russell: Got it. So, this will conclude your presentation? Mr. Savage: In conclusion, I just want to reemphasize that we are property owners. We disavow the negative things that have been said about us. We have plenty of entitlements as of right on our site. We don't intend to hinder the progress in this area, but we think that a bonafide traffic study that takes into account the real development program and the surrounding areas is necessary and appropriate. So, in conclusion, before I get to do the question, you've asked for my conclusion and my conclusion is: please defer or continue this item for six months or however it will take to do a proper traffic study that includes our traffic engineers also. We have some very good ones. And that we can integrate and come back to you and say, "Okay, here's how much traffic is going to come. Here's what our entitlements are, as of right, just as of right what we're entitled. And you guys can build, you know, it can hold this, it can hold that, " because listen, at the end of the day we want to build something too, eventually and we need to have capacity. And the capacity has to match the development program, right now we don't know what that is. So, in conclusion, please continue for adequate time to do a proper traffic study. Vice Chair Russell: Thank you. Mr. Garcia -Pons. You'd mentioned to me there's something you'd like to clam about that density count? Mr. Garcia -Pons: Yes. Thankyou, sir. So, I need to correct something for the record. When I was speaking about the Planning Director's interpretation of apartment, hotel, and condo as exists citywide that Commissioner Watson asked me about. The interpretation actually says that the apartment-condo/hotel-condo is to be measured as a residential unit, not as a lodging unit. So, that would be one to one versus one to half So, in this particular case, the definition in the SAP is treating that use as a City of Miami Page 172 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 lodging unit. So, it's still the same question, similar question that you asked, Mr. Chair is, can you do lodging at half of a unit? The answer is yes. The -- now in -- as part of this SAP, the -- we would like to treat the apartment -condo as half of the unit, similar to lodging, which is different than the interpretation that we have. Vice Chair Russell: Right. So, different than Miami 21 but -- Mr. Garcia -Pons: It's an interpretation, it's not (UNINTELLIGIBLE) -- Vice Chair Russell: Correct. Mr. Garcia -Pons: Was it codified? Is it in the Code now? No, it's just an interpretation. Vice Chair Russell: Understood, but there's no substantive change to what they have as of right today to what the requesting proposed in terms of the number of units they could do. Mr. Garcia -Pons: So, and this is where it gets -- there's a little bit of a gray area. So, apartment -condo is not a lodging unit. Vice Chair Russell: Right. Mr. Garcia -Pons: Right. So, they can do, let's say 100 residential units and 200 lodging units. In the interpretation world, they could do 100 residential units and 100 apartment -condo units. So, this is -- this is now changing the density of an apartment - condo from residential to something more similar to lodging. Vice Chair Russell: So, that would add -- it would double there. Mr. Garcia -Pons: It's again, it's -- Vice Chair Russell: Go ahead, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: That's not what you said earlier. Mr. Garcia -Pons: No. It's a correction. Vice Chair Russell: He's correcting himself. Commissioner Diaz de la Portilla: Okay. Mr. Garcia -Pons: I'm correcting myself. Yes, sir. Commissioner Diaz de la Portilla: So, tell me how the interpretation world works in your mind. How does the interpretation world will work in your mind? Mr. Garcia -Pons: The interpretation? Commissioner Diaz de la Portilla: World, that you described? Vice Chair Russell: So, there was a -- Commissioner Diaz de la Portilla: World sorry, (UNINTELLIGIBLE) mask -- Mr. Garcia -Pons: -- there was a -- there was an issue on another project where there was this, the planning director interpreted a residential unit thatfunctions kind of like City of Miami Page 173 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 a hotel unit. He's -- he determined that in that case, you can have an apartment -condo type unit that looks and acts like a lodging unit, but you cannot treat it, as far as density is concerned, as a lodging unit, very specifically. So, it's not a lodging, it doesn't -- it's not the equivalency, as I mentioned, is not the equivalency of a lodging unit. Commissioner Diaz de la Portilla: Okay. So, -- Mr. Garcia -Pons: And that's what I said earlier. Commissioner Diaz de la Portilla: -- so it can double the density, right? Mr. Garcia -Pons: So, in -- in the interpretation, the answer is no. It's the equivalent of one. It's one to one. Commissioner Diaz de la Portilla: Okay. Mr. Garcia -Pons: In -- what is in the SAP now, the request is to treat that use similar to a lodging use. Commissioner Diaz de la Portilla: So, what's -- the request today now was on the SAP. It's on the -- what they are requesting today. Mr. Garcia -Pons: In the SAP. Commissioner Diaz de la Portilla: Right. Yes. Mr. Garcia -Pons: So, a change to the SAP is to either use -- Commissioner Diaz de la Portilla: The change you are requesting that was in the -- the existing SAP what they're requesting today, the change, one of the things you're requesting to change in the SAP, correct? Mr. Garcia -Pons: It's a double change. Commissioner Diaz de la Portilla: It's a double change, yes. Mr. Garcia -Pons: Currently the -- Commissioner Diaz de la Portilla: One of them. That's why I said one of them, okay. Go ahead. Mr. Garcia -Pons: So, the use is not currently in the SAP. Commissioner Diaz de la Portilla: Okay. Mr. Garcia -Pons: So, it's now a new use and it's being asked to be treated as a lodging use, or excuse me, counted, as far as density, similar to a lodging use. Commissioner Diaz de la Portilla: Correct. I got you. Mr. Garcia -Pons: And that's different from what 1 told you, Commissioner Watson and I know you just want -- Commissioner Diaz de la Portilla: Okay. I understand. Vice Chair Russell: Do we have a handheld mic? I just don't want to have to disinfect City of Miami Page 174 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 the lectern each time. Mr. Robins: There's something very important thatl want to clarify. The only reason that we are limiting our right to transfer density is because all the neighborhood associations that we've been working with asked us to do that. And so, to the extent that it's concluded that something about this SAP would actually increase our density. inadvertently, the first thing I want to say publicly is that is not our intention. Our intention is to be honorable to the neighbors. I don't care about their nonsense because it doesn't matter. Like it's -- reason we're putting this limitation on ourselves is because of the deal we made. And so 1 would say that for today's purposes, either pass it without us having the right to put kitchens in hotel rooms, which is fine with rite, or alternatively, let us go and talk to these neighborhood associations because if they don't want us to do it, we're not doing it and we want to take it out because otherwise, I wouldn't be keeping my word and I assure you it would be unintentional. So, whatever you -all decide is fine with me. You can just take it out or you can let us, before second reading, get a consensus either way. And I'll tell you if one of those associations wants it out, it's out. And it wasn't our intention. So, yeah. Vice Chair Russell: I think an important crux of the matter is that it's been reported that there will not be a density increase and we just want to make sure that that's sincere. Not even by what they are intending to build but by the entitlement itself If there's the ability to increase density through that entitlement by the wording that's used, I want to make sure we're clear that if our intent is not to increase density, that it's worded correctly that it doesn't. Mr. Garcia -Pons: We can actually make the change in two ways. Either remove the use or remove the equivalency to half a unit from the use of the definition. Vice Chair Russell: I would be open to either because I -- I'm not trying to change the intent of their use and the style of unit they would create. It's just about that -- Mr. Garcia -Pons: The applicant just said that they'd be happy to withdraw the use completely and that we don't have to worry about it. Vice Chair Russell: To withdraw the use? Okay, so that idea of a kitchen within an apartment, within a hotel room, which could then render it to be like an apartment. Thank you. Commissioner Watson: Just because there's -- people listening wind up being misinformed. So, you said -- you said something to me that was incorrect. What was that? Mr. Garcia -Pons: Yes, sir. So, you had asked a specific question about the equivalency of the apartment use which -- Commissioner Watson: Right. Mr. Garcia -Pons: -- they're asking for and I said that it should be treated similarly, to a hotel use, which is half The determination of use from a previous planning director, says the opposite. That in fact the apartment condo -hotels should be treated as a residential unit and will be the equivalent to one dwelling unit, not half. Commissioner Watson: Okay. Mr. Garcia -Pons: And the -- Commissioner Watson: So, what it should be stated as such that our Code is not City of Miami Page 175 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 based on who the next planning director is or was because that's being transmitted out there and that's not correct, right? Mr. Garcia -Pons: Yes, sir. So, determination of use is done on a special condition that should then be codified. In this particular case I referenced that because it's similar wording, but the definition, the SAP was different. Commissioner Watson: Right, and so, (UNINTELLIGIBLE) applicant to get a chance to discuss with the neighbors who are affected more so than us, if that's what is to be done. Mr. Garcia -Pons: Yes, sir. And they just proffered that they -- Commissioner Watson: Exactly. Mr. Garcia -Pons: -- we just get rid of it. It's no longer an issue. Commissioner Watson: All right. That's fine. Mr. Robins: If I may. The issue is not with density within the SAP. What we agreed was -- Commissioner Diaz de la Portilla: If I may, can you speak a little bit closer to the microphone. Vice Chair Russell: Closer to the microphone. Commissioner Diaz de la Portilla: A little bit closer to the microphone. Mr. Robins: I'm sorry. Commissioner Diaz de la Portilla: Yes. Okay. Mr. Robins: I apologize. The issue with the neighborhoods was not with density within the SAP. What they were concerned about is they didn't want us to be able to transfer density from other properties to Tuttle Street, to the Biscayne Boulevard site. And so, what I want to make sure of is, ultimately that either the neighborhoods don't care about that or alternatively, we will make it clear that we can't get any benefit by transferring density with this kitchen issue to Tuttle. And I assure you before the next meeting, we will have a consensus and sort it out if that's okay with you. Thank you. Vice Chair Russell: Mr. Savage, your point was taken though on the density question. I think we've gotten a clarification on that. Thank you. Mr. Savage: So, yes. So, can I ask the Planning Director a question? Vice Chair Russell: Yes. So, at this point, we'll start the cross-examination by the Intervener of the Administration and then you'll be able to ask questions of the applicant as well and vice versa. Go ahead. Mr. Savage: Okay. Great. So, Chairman, I just want to thank you, and I will move this along. So, thanks for the opportunity. Will you please, just so the transcript is clear, can you state your name again, please, for the record? Mr. Garcia -Pons: Caesar Garcia -Pons, Planning Director. Mr. Savage: Thank you, sir. Now, can you see the slide that I have up on the screen? City of Miami Page 176 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Garcia -Pons: 1 cannot. Mr. Savage: Okay. Can you look at the Kimley-Horn trip generation analysis either on the screen or -- okay, you have a copy of it. So, if you -- if you look at -- now the screen is highlighted in front ofyou. I want to -- I want to turn your attention to the blue highlighting. And it talks about that there was an SAP, was previously amended and approved. And that a -- as part of the Miami Design District's special area plan amendment. And then there was a traffic impact analysis dated May 2013. So, I want to ask you, since May 2013, has a traffic impact analysis, a traffic study been submitted to the City as part of this application? Mr. Garcia -Pons: No. Mr. Savage: Okay. Thank you. Brevity is the soul of wit. So, we like short answers. So, there's no traffic study. We do have this much smaller trip generation analysis which relies on the 2013 study, and then it talks about a development program of approximately a million square feet of retail, 181,000 square feet of office, et cetera. Would you agree that that's the 2013 development program for the SAP? Mr. Garcia -Pons: I would have to check, but that's what this is saying. So, we could take a look at what was in the 2013 study. Mr. Savage: Okay. So, -- or at least we can say the author of this document is saying - - is -- is reciting, this is the 2013 development program? Mr. Garcia -Pons: That's what this says. Mr. Savage: Okay. So, that's what they're using as the baseline. In other words, they're used to writing these reports as, we have X, we're going to go ask for Y, and it's going to make more traffic, et cetera. Now, when they go to the -- and what I've highlighted in green, it says the pat -- the new proposed amendment potential development program has 800,000 square feet of retail, 700,000 square feet of office, 110 hotel rooms, 764 multifamily residential units, and 108,000 square feet of restaurant. My question to your department, since PZAB, and I'm going to ask it now; what is that based on? Where is that development program? Because if that's the SAP amendment, we need to have it in front of everyone. What's the -- where's that development program? Mr. Garcia -Pons: So, the development program -- what is -- one second. We're going to see if it's -- where it's stated in the concept book. So, the development capacity -- there is a develop capacity in the concept book on page -- what? A18. Mr. Savage: Okay. So, I'm going to direct your attention to this slide -- well, wait, let me -- let me show you. Do you have that -- do you have that A18 available in front of you? Okay, and the -- the one that is in the package to the Commissioners only tracks civics -- civic space. The one in this package is -- is -- on my slide 17, it only tracks this civic and open space. Mr. Garcia -Pons: What page is that on? Mr. Savage: It's your AI.8 iii your concept book that's in the package. No. That -- that's what you sent me. But that's been repealed. This is a problem. Alright, let me ask you this, can you see my slide number 16? Mr. Garcia -Pons: Yes. City of Miami Page 177 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Savage: Okay. Do you see that that -- do you recognize that as being your regulating plan and some of the strikeout and underline from -- that's before the Commissioners today? Mr. Garcia -Pons: No. But I'll take your word for it. Mr. Savage: Okay. That is from a page of your regulating plan that's before the Commissioners today in the Intent Section. Mr. Garcia -Pons: Do you have a page number? Okay, I have it in front of me. Mr. Savage: Okay. Thank you. And so, do you see that the A1.8 concept book language is being struck from this section? Mr. Garcia -Pons: I can. Mr. Savage: You can or cannot? Mr. Garcia -Pons: Yes. Mr. Savage: Okay. So, this is discussing that -- the prior language they had to obey A1.8; is that correct? Let me ask again. A1.8 depicts the development program discussed in this section, correct? Mr. Garcia -Pons: It does. Mr. Savage: Okay, and do you see that that language now requiring the applicant to obey AI.8 is being struck? Mr. Garcia -Pons: Yes. Mr. Savage: Okay, so, I want to askyou one last time about the current concept book that's before the Commissioners today. Are you able to please identify in that package that they are being vote -- that they are asked to vote on, can you please find me the sheet A1.8 in the concept book that is in the package today? Mr. Garcia -Pons: I'm having staff take a look at it now. I'm looking at A 1.8. It does not have the development capacity here. I'm -- I've been informed that it's not -- was not removed as part of this amendment, it was removed previously to this amendment, but it is not here. Mr. Savage: Okay. Alright, so -- and then I apologize if I askyou the same thing again just to make clear. So, the regulating plan that was previously depicted as A1.8, that had the overall development capacity, that has been repealed or removed from the concept book? Mr. Garcia -Pons: At some point before this drawing, yes. Mr. Savage: Okay. So, the traffic generation analysis relies on a development program that has been repealed; is that correct? Mr. Kasdin: Chair, I -- I object. I want to object to the form of the question. It's not been repealed. Unidentified Speaker: Right. Mr. Kasdin: These are modifications. There have been multiple modifications, and City of Miami Page 178 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 this is -- and he's gotten -- had a lot of time to explore this, but the fundamental point is, A, we didn't need to do a full traffic study, but more importantly, there -- there's no change to the underlying FLR or density. Vice Chair Russell: Thank you, Mr. Kasdin. It's -- it's noted. Mr. Savage, you have lost an entire quorum up here. I -- Mr. Savage: Yeah. So -- Vice Chair Russell: 1 am the only one left. And 1-- I have a feeling it's because of that specific issue that -- what you're -- what you're bringing up -- traffic is important. This is probably the most important place in the entire City that we probably need a traffic study in general, but maybe it's not a traffic study that is triggered by this application because if this application is not actually increasing density or intensity, the traffic -- the traffic implications are -- are not relevant to this application necessarily. We have traffic issues there, you are absolutely right, and -- and some changes need to happen to get the flow going better, but I'm -- and -- and things may need to be updated as well. But I'm just not sure whether the specifics of what you're going at and finding inconsistencies in the traffic analysis would make a difference here. Mr. Savage: Well, look, sir, the reason why they haven't done a full-blown traffic analysis, well, apparently, they didn't want to take the time or the money to do it, Pm not sure. But they're using for their -- excuse me, sir, they're using -- these two pages is the whole traffic analysis that they're submitting to the City. And I've just demonstrated through cross-examination that it's based on a development program that's repealed. The data is flawed. This two page piece ofpaper just cracked. And I know it was maybe kind of boring for some of our members who have left the dais, but the -- they are relying on these two pieces ofpaper as their traffic analysis. And all I'm saying is, if you're going to change the zoning across 20 acres of our city, please, for the love of God, ask them to do a proper and full traffic analysis. I don't know what -- why we would use a 2013 traffic analysis and then bootstrap it with this two - page document that I've just shown is totally flawed. It relies on a development program that's repealed. Mr. Kasdin: Mr. Chair, if I may. And -- Vice Chair Russell: You're recognized. Mr. Kasdin: -- I -- I know you've been very indulgent in this discussion -- Vice Chair Russell: I'm trying. Mr. Kasdin: -- but Mr. Savage is making misstatements. The zoning is not being changed one bit. The density is staying the same. The intensity is staying the same. In addition, the SAP development program is not being repealed, it's being modified as it has been modified a number of times in the past. And so all of his -- his objections -- (COMMENTS MADE OFF THE RECORD) Mr. Kasdin: -- are -- are just fanciful and have no real basis whatsoever. I would also point out as a practical matter that what we are also doing is lessening the amount of potential retail in the future, and retail is the largest generator of traffic, and increasing the amount -- some -- somewhat, the amount of residential and office. The net result, based on the analysis that was provided you and sent to the Commission, shows that there is a -- I think an 18-vehicle trip per PMpeak hour change in the traffic. So, we've done an analysis. It wasn't required. We're not repealing the City of Miami Page 179 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 development plan, we're modifying it. This is not the first time. It's been modified many times. And we're not changing the underlying intensity or density or zoning, whatsoever. Vice Chair Russell: Thank you, Mr. Kasdin. For me, and I -- and my fellow commissioners may agree or disagree, I do not see a traffic implication on the Tuttle side of things because there is no change in density and intensity. Now, where density can be shuffled, fungible, property to property, within the SAP on the westside, perhaps a case could be made that if they consolidated all that density in one part, on one street, on one corner, it would have a traffic implication that would need to be assessed. So, 1 mean, that -- that's the only place I can think of where this traffic analysis comes into play as a crucial factor in this particular application. And I'm happy to look into that further to understand that better if that could happen. If they could consolidate all their density in one unused portion and place it all in one property, that could have an effect. But that's definitely not happening on the Biscayne Boulevard side where our really -- our real crucial, crucial traffic issues are. So, I -- I'd like to get past this part of the traffic. It's definitely been noted from what you've stated -- Mr. Savage: Okay. Vice Chair Russell: -- with regard to any questions and consistencies or outdated reports. But we hear you. Can we move on to -- Mr. Savage: Okay. Vice Chair Russell: -- the next issue? Mr. Savage: Okay. Yes. I will. Then I'll just say again that the conclusion that there's 18 more trips is based on a totally flawed analysis of a repealed development program. So, -- Mr. Kasdin: Chair, this is -- Mr. Savage -- again -- Mr. Kasdin: -- this is argument -- Vice Chair Russell: One at a time, please. Mr. Kasdin: This is a time for questioning. He's concluded his presentation, I believe. Vice Chair Russell: Understood. What other questions have you, Mr. Savage, for the Administration? Mr. Savage: Thank you, Mr. Chairman. Vice Chair Russell: Not related to traffic. Mr. Savage: Okay. Not related to traffic. And I appreciate the time. If you can see, sir, the slide numbered 25 that 1 have on the screen. And that is a cut and paste of your staff analysis and one of the criteria that is set forth in the Code that governs the amendments of SAPS, which is what we're doing. In 3.9 H 10, it talks about the flexible allocation of development capacity and height, excluding density, on individual sites within the SAP, as long as that does not result in development that is out of scale or character. The analysis answers that you're allowing density and intensity from site to site. Can you -- and then you conclude that it's consistent. Can City of Miami Page 180 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 you tell us how you arrived at that conclusion, or how your department did, if it -- if the standard says excluding allocating density, and yet we are allocating density? Mr. Garcia -Pons: So, in this particular case, it -- it's framing the conversation of height. So, -- and again, I can't see it from here. Do you know what section or page that is from? I'll look it up. Mr. Savage: That's in your findings of the -- Mr. Garcia -Pons: In the staff analysis? Mr. Savage: -- staff report. Mr. Garcia -Pons: Right. So, this is -- it's -- you can flexibly allocate development capacity in height excluding density with a caveat as that does not result in development that is out of scale or character with the surrounding area. So, that is the -- you can do that as long as it doesn't -- as long as the result does not result in a development that is out of scale or character. So, it's really about the scale and character and less about the density. Mr. Savage: Okay. So, -- but you recognize that the codes -- the Code talks about flexible allocation and then says excluding density. You rec -- you see that in the Code? Mr. Garcia -Pons: In the finding? Mr. Savage: No. In the Code itself 3.9 H.10. Mr. Garcia -Pons: Yes. Mr. Savage: It says excluding density? Mr. Garcia -Pons: I see it. Mr. Savage: So, the description of flexible allocation of development capacity, et cetera, excluding density. And would you agree that the amendment allows for the transfer of density? Mr. Garcia -Pons: So, this is really about, if you do it, will it be out of scale. It isn't the fact that you can't do it. It is a scale issue, not a density issue. Mr. Kasdin: Mr. Chair, this is an SAP, as other SAPs like Brickell City Center, which allow density to be shifted throughout the property. So,, that's why this is an SAP, part of the reason. Mr. Savage: Do you see my slide numbered 27 that talks about criteria number 9 from the staff report? Page 10 of 13 of your staff report. Mr. Garcia -Pons: There we go. Mr. Savage: It goes a little bit over to page 11. Mr. Kasdin: Mr. Chair, there are no questions being asked. If he has questions, he should ask them. We agree that he should have some time, but not unlimited time to go through the staff report. Vice Chair Russell: Agreed. Staff is taking a bit of time to answer his questions. So, I City of Miami Page 181 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 just want to make sure staff is able to get a response out. Is there a question pending, Mr. Garcia -Pons, that you -- Mr. Garcia -Pons: I don't know if there was a question. Yes. I can see it. Vice Chair Russell: What's your question, Mr. Savage? Mr. Savage: The 36-story building on the Tuttle South site, would that be permitted under normal Miami 21 transect zoning? Mr. Garcia -Pons: The underlying transect zoning of T6-12 is 12 by right up to 20 by bonus if it's outside of an SAP. Mr. Savage: So, the answer is, no? Mr. Kasdin: Mr. Chair. Once again, he understands exactly. The planning director stated on the record that this is a tweak to that particular transect fbr that particular site. You know, he's now just asking questions that are all known, and facts established on the record. Vice Chair Russell: Actually, I think he's_ finally getting to the meat of his issue here, and I'd like to hear the planning director's response. Mr. Garcia -Pons: 1 just answered. Vice Chair Russell: I'm sorry. There was an interruption at the end of your -- at the end of your answer. Your -- the question is, "Would this change be allowed under Miami 21? " Is that the correct question that you're asking? Mr. Savage: Yes. Essentially. Vice Chair Russell: Meaning outside of the SAP. If this were not in -- Mr. Savage: Yes. Vice Chair Russell: -- an SAP, could they apply for this, is what you're asking, right? Mr. Savage: Yes. Mr. Garcia -Pons: So, under Miami 21, T6-12 allows 12 by right, 20 after bonus -- Vice Chair Russell: And so -- Mr. Garcia -Pons: -- outside of an SAP. Vice Chair Russell: Right. So, to seek this change in height under Miami 21, if this were not under an SAP, they would need to seek an entitlement, an up -zoning, basically? Mr. Garcia -Pons: Right. It's not allowed in T6-12. Vice Chair Russell: Right. Mr. Garcia -Pons: You would have to rezone to another — Vice Chair Russell: They will need to upzone to what? City of Miami Page 182 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Garcia -Pons: The next T6-24 will get you to 48. Vice Chair Russell: T6-24. Does that satisfy your question? Mr. Savage: Will T6-24 allow it? Mr. Garcia -Pons: Yes. It gets you up to 48. Vice Chair Russell: With bonuses? Mr. Savage: Okay. Can you see my next slide, slide number 28, that is a cut and paste from your regulating plan? Mr. Garcia -Pons: Yes. Mr. Savage: Okay. So, you recognize that from -- I think it's Table 4 where you've changed some of the density. And do you see where it now has an underline allowing for 300 dwelling units per acre? Mr. Garcia -Pons: Yes. Mr. Savage: And if -- am 1 correct to say that the comprehensive plan governing the city of Miami in this area requires 150 units -- dwelling units per acre? Mr. Garcia -Pons: There are locations in the city that have additional density. Mr. Savage: And before this amendment, what is the density of this area under the comprehensive plan? Mr. Garcia -Pons: 150 units per acre. Mr. Savage: Thank you. I don't have any further questions. I just want to say on the record that the reason it took so long is that -- probably my fault. I should have had better page numbers and things. But it took the staff a long time to answer, so that's why, it went a little longer. Vice Chair Russell: Understood. Mr. Savage: And I have not interrupted my opposing counsel. So, I appreciate the time. I think I got what 1 needed. I'm going to conclude and say that the trip generation analysis is insufficient. I urge you to continue this item for a proper traffic study, and I also reassert all my other arguments' about illegality problems with notice and other reasons why even I think the applicant would benefrt themselves by taking a deferral for some months. And I thank you for your professionalism and your time. Thankyou, sir. Vice Chair Russell: Thank you. You rest. All right. Thank you, Mr. -- don't go far. Mr. Kasdin, you're -- Mr. Kasdin: Mr. Chairman, very, very brief. Vice Chair Russell: Yes. Mr. Kasdin: Just a response. There's no changes sought in the comprehensive plan with respect to density and the number of units per acre, and the SAP does not change that density in any respect other than what is allowed underlying in Miami 21. City of Miami Page 183 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: Thank you. Does the applicant have any questions for staff or for the intervenor? Mr. Kasdin: No, sir. We don't. Vice Chair Russell: Thank you. So, both sides rest. I'd like to see if we can get our Commission back. We're missing a couple who I'd like here to -- I know they can hear from their offices what's going on, but if we're going to bring this to a head, I want to make sure everyone has a chance to weigh in. Commissioner Carollo on his way. Mr. Garcia -Pons, there was -- in that last question Mr. Savage made about -- not -- the second to last question he made about what could be done as of right under Miami 21 to get to this height in combination with what -- I believe it was Mr. Recio from Weiss Serota mentioned this morning. Even though he's not an intervenor, he spoke in support of the intervenor's position. He brought up a point that had not been considered at this time, and I wanted to ask for your interpretation on that. He said that, by utilizing this amendment through the SAP rather than the traditional bonus system, the applicant is achieving a certain height that would otherwise cost them millions of dollars to achieve through the bonusing system ofMiami 21; is that correct? And if so, how much of a savings are they finding through Miami -- through the SAP amendment versus Miami 21? Mr. Garcia -Pons: Yes, sir. We took a note of Mr. Recio's question, and we did a back - of -envelope analysis. So, as 1 mentioned before, the underlying transect one is T6-12, which means they can do 12 stories by right. If they want to go up to 20 stories, they would need to bonus up to 20 stories, which could have a cash equivalency of a certain dollar amount, or you could reach it through other methods. If we do the cash equivalency' version of it, there is a dollar value to get to 20. If they are allowed to get up to 36, they will have an additional 16 stories of value as far as height is concerned. And I did take that note. So, specifically for the Tuttle South site, and again, this is back -of -napkin looking at the development capacity of a site, if you build out the eighth stories to its maximum capacity and then you build up from there -- again, this is hypothetical. This is -- this could be any number, but it could be up to -- in our calculation using the $10.81 per square foot cost for the additional height above 12 -- excuse me, above, yeah, 12, it could be upwards of $3 million -- $3 to 4 million. Vice Chair Russell: And where would -- if they were to utilize the traditional bonusing system, where would those funds go? Mr. Garcia -Pons: So, all the -- they go -- it goes into -- if it's, again, this particular -- this is one five different ways they can get to the bonuses. They don't have to do this. This is one cash equivalency that goes into the public benefits program to the City. Vice Chair Russell: And within that public benefits program, what buckets could it go toward? Mr. Garcia -Pons: I'm going to -- I'll let staff answer. So, my understanding is that public benefits trust And is a pool of money that you guys decide where it goes. Vice Chair Russell: But it has very specific buckets to which we are allowed to assign it -- Mr. Garcia -Pons: Yes. Vice Chair Russell: -- correct? Which are? Mr. Garcia -Pons: Now, I'll have to -- well have it in just a second. In exchange for City of Miami Page 184 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 contribution to the City, the following public benefits -- affordable workforce housing, public parks and open space, green buildings, brown fields, civic space, and civil support space. Mr. Robins: Mr. Chairman, may I -- Vice Chair Russell: Yes. You're recognized. Mr. Robins: First of all, I'd like to point out that while this is accurate, I don't disagree. It's very technical because really, truly what we're doing is just moving stuff around the SAP. And we initially were going to go for an increase in zoning, which would eliminate this bonus thing, but we and the staff agreed that it would be much safer so that other people could avail themselves of this kind of thing to keep it at the same zoning. I think that -- and we're not getting any extra FLR. Mr. Kasdin: Correct. Mr. Robins: Normally, when people are doing more, they're getting these bonuses, they're getting FLR, but most importantly, we've created $119 million in public benefits already. In addition, we are a Gold LEED (Leadership in Energy and Environmental Design) certified neighborhood. We've spent a lot of money on resources on sustainability. And that doesn't include, for example -- and I love Midtown, but Midtown to the south of us, one block away, the City paid for every street with tax increment financing. Every parking space is paid for. We have not mentioned the fact that we're providing, generally, other than the street parking, all the parking for the Design District at subsidized prices. That's another $100 million of public benefits. So, I would hope that, since we're really not getting anything extra out of this and it's part of the SAP, that you all would not think it would be necessary to have us, who paid for every sidewalk, every street, every street light, all of the infrastructure, all of that public art, who contributed $23 million of land in order to have a public -- free to the public museum in our city, this extra amount. And we just would ask you to consider that as you think about this issue. Vice Chair Russell: Thank you. Thank you, Mr. Robins. And I -- Mr. Kasdin: Mr. Chair, also, specifically -- Vice Chair Russell: Yes. Mr. Kasdin: -- in addition to the 119 million in public benefits which you already saw, with respect to accessing additional height on the Tuttle South property, we have to give 10, 000 feet of open space, we have to contribute public art, we have to do enhanced sidewalks and streetscape. So, even as to that, specifically, we are doing -- we have huge public commitments. Vice Chair Russell: Right. So, -- and -- listen, I -- everything -- let me frame it this way, and I'd love to hear from especially the District Commissioner. But SAPs have been taking a hit, and some --jromany reasons, rightfully so. But I think -- I don't think anyone could argue against the Design District as being -- I don't believe anyone could call the Design District an abusive SAP. This is exactly what SAPs were designed for, to create design flexibility, not just to get more and more and more. And you all have done that. And in achieving that SAP, every entitlement has a value, and there's a return expected on that value from the city. You have delivered on that with all of your investments in the streetscape, the non-standard improvements and the artwork, et cetera. I just want to make sure, and Commissioner Carollo is usually the caretaker of our, funds as a city, that if an entitlement is being granted today that has a specific value, that that's being considered. And you have my support on first City of Miami Page 185 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 reading from what I've heard so far today, hut as we get between first and second, 1'd like to understand better because this is the first time I've heard of this as it was brought up this morning by one of your opponents, with a grain of salt. So, 1 really want to get a fill analysis from my Planning Director over this next -- between now and second reading to see if this truly is a $3 million entitlement that's being granted that would otherwise go into our affordable housing trust And and our green spaces, that we're -- if there's a value to be contemplated for that, if it's being offset some other way that I'm not understanding it. So, I'm not saying that that's the case. It has been purported. I'm asking questions. That's all we're at this point. And I just want to --1 want to make that very clear. And 1 want to --1 think, for the benefit of our residents, it's good for us to ask the hard questions. So -- Mr. Garcia -Pons: We'll do the calculation for the next meeting. Vice Chair Russell: Thank you. Commissioner Watson, I'd -- this is an item in your district, so I'd welcome you to take the lead at this point. Both sides have rested, and we have our quorum. Commissioner Watson: Yes. I'll just say that, clearly, this vehicle has been misconstrued in a lot of ways, and yet, someone like the applicant has probably used it as best as it can be used for the purposes it was designed, for. In saying that, I think it's important to have updates. I wouldn't want him to be a burden anymore about updating something that he did some years ago, no more so than we have done with our own zoning code. And so, from that perspective, I think, that we need to take it not as we know him, but as we see the project and how it reflects upon the neighborhood. That being said, I too support moving it forward so that the remainder of those either opposition or people that have support can be demonstrated so that we can get what's best for the environment. And I don't mean environment in terms of climate change, environment in terms of the neighborhood. Vice Chair Russell: Thank you. Commissioner, is there a motion on the item? Commissioner Watson: I move on the first reading. Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Commissioner Watson, seconded by Commissioner Carollo. Is there any further discussion from the dais? Hearing none, all in favor say, "aye." Mr. Hannon: Chair. Vice Chair Russell: Yes. Mr. Hannon: It is an ordinance. Vice Chair Russell: Yes, please. If the City Attorney could read it into the record, please. Thank you, Mr. Clerk. Ms. Mendez: Just to -- just to be clear, it's PZ -- Vice Chair Russell: I can't hear you very well, Madam City Attorney. Ms. Mendez: PZ.10 and 11 is what I'm reading into the record. Vice Chair Russell: Yes. Correct. City of Miami Page 186 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. All in favor of the items say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on first reading. Thank you very much. Ms. Mendez: Was PZ.10 as amended? Vice Chair Russell: I thought you had read them both. Mr. Garcia -Pons: Yes. Ms. Mendez: No. As amended? Vice Chair Russell: So, then we -- we've passed PZ.9 then. Ms. Mendez: No. We passed PZ. 10. Vice Chair Russell: PZ.10. Mr. Garcia -Pons: PZ.10 -- Ms. Mendez: As amended? Mr. Garcia -Pons: -- as amended. Ms. Mendez: Okay. Vice Chair Russell: Thank you. [Later...] Victoria Mendez (City Attorney): Now, I need to confirm with Mr. Garcia -Pons because he says that some of the amendments were not stated on the record for PZ.10. Cesar Garcia -Pons (Director, Planning): No. Not amendment. There was a submittal for -- a letter from Mr. Savage that he put -- we tried to get into the record after PZAB (Planning, Zoning and Appeals Board). It did not make it. It's not an amendment. It is just to put into the record, and it was provided to the clerk. Vice Chair Russell: And was it brought up during the discussion today? Mr. Garcia -Pons: He mentioned it earlier that -- Vice Chair Russell: Got it. So, it's been placed in the record. Mr. Garcia -Pons: -- he put it into the record. So I also want to say, as PZ.10, we want to make it part of the record, not an amendment. Nelsen Kasdin: Mr. Garcia -Pons, there were the two change -- the changes to the regulating plan which were -- Mr. Garcia -Pons: And that was as amended -- City of Miami Page 187 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Mr. Kasdin: Okay. Mr. Garcia -Pons: -- plus -- Mr. Kasdin: Right. Mr. Garcia -Pons: -- we have this letter. Mr. Kasdin: Right. Todd B. Hannon (City Clerk): So, that will be included as a submittal. Mr. Garcia -Pons: Submittal, not an amendment? Mr. Hannon: Yes. Thank you. Mr. Robins: Thank you for your time and consideration. Commissioner Carollo: Truly. Mr. Garcia -Pons: Thank you. PZ.11 ORDINANCE First Reading 8725 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING THE SECOND AMENDED AND Planning RESTATED DEVELOPMENT AGREEMENT ("AGREEMENT") PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN THE MIAMI DESIGN DISTRICT RETAIL STREET ("MDDRS") SPECIAL AREA PLAN ("SAP") APPLICANT ENTITIES DESCRIBED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI ("CITY") TO GOVERN THE MDDRS SAP COMPRISED OF APPROXIMATELY 22.56 ACRES OF PROPERTY FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) ESTABLISHING A DENSITY AND INTENSITY TRANSFER PROGRAM; C) UPDATING REGULATIONS FOR ALCOHOL BEVERAGE SALES; AND D) MODIFYING REVIEW OF REQUIRED CROSS -BLOCK PEDESTRIAN CONNECTIONS BETWEEN NORTHEAST 38 STREET AND NORTHEAST 39 STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; 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: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.11, please see "Order of the Day", "Public Comments for all Item(s)", and Item Number PZ.10. Victoria Mendez (City Attorney): Then PZ.11 City of Miami Page 188 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. I don't know give had too much coffee or not enough, but 1 need a separate motion now for PZ.11, please. Commissioner Reyes: Move it. Commissioner Carollo: Second. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Carollo. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. That's PZ -- Neisen Kasdin: Thank you very much. Ms. Mendez: Is PZ.1I as amended as well, or it is not amended? Mr. Kasdin: It's not amended. Ms. Mendez: It is not. Vice Chair Russell: I don't believe there's an amendment on 11. Ms. Mendez: It is not, correct? Mr. Kasdin, PZ.11 not amended, correct? Mr. Kasdin: It's not amended. Ms. Mendez: Okay. City of Miami Page 189 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 PZ.12 8718 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING/REVERSING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 190 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 NA.1 8966 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER REYES REGARDING STORMWATER MASTER PLAN PRESENTATIONS. rRESULT: DISCUSSED Vice Chair Russell: You're recognized Mr. Reves -- Commissioner Reyes. Commissioner Reyes: (INAUDIBLE) the storm water management report. I know there's going to be a presentation, but how can I participate in the presentation when I did not receive, I was not briefed and I'd received 44 pages on Tuesday and today after we asked for it, at the middle of the day, just -- we had -- then we'd received the full report. What can I say? How can I support something like that? And I want the City Manager to take notice of this and make sure that next time that we going to have a presentation or -- or -- or a press conference, that we're going to announce that what are we all going to do and how will we engage in, that every single commissioner will be briefed and all the questions should be answered for -- that -- and that every single commissioner should understand what they -- is supporting or -- or -- or it is opposed. Vice Chair Russell: Thank you. You know, the storm water masterplan -- Commissioner Reyes: (UNINTELLIGIBLE) cannot be like that -- Vice Chair Russell: -- storm water masterplan is probably the biggest thing we've taken on in the last few years. Commissioner Reyes: Absolutely, absolutely, but that is why it is very important, Mr. Chair, this is extremely important. And it's extremely important that all of us -- I mean, know about it, because even in that report it's telling -- I mean, they are prioritizing certain projects, you see, that could be in your -- yours or mine or whatever then and we need time to discuss it? Vice Chair Russell: I haven't been briefed yet either. On the storm water master plan results, I have not been briefed yet on it. Commissioner Reyes: You haven't been briefed; how can we participate on it now? Vice Chair Russell: There's no item on the agenda approving though, the master plan at this point, correct? Commissioner Reyes: No, but I mean, when we -- I mean. Commissioner Carollo: Chair, can we come back at 3:00? Vice Chair Russell: We could. City of Miami Page 191 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 NA.2 8965 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO CREATE AND IMPLEMENT AN OPERATIONAL TASK FORCE TO COMBAT CRIMINAL ACTIVITIES PERTAINING TO NARCOTICS, PROSTITUTION, ILLEGAL GAMING, AND HUMAN TRAFFICKING TO IMPROVE THE HEALTH, SAFETY AND GENERAL WELFARE TO THE RESIDENTS, VISITORS AND BUSINESSES IN THE CITY OF MIAMI. ENACTMENT NUMBER: R-21-0183 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.2, please see Item Number SR.4. Commissioner Carollo: And while you're doing that, Commissioner Diaz de la Portilla, you have a motion -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- that 1 want to be a sponsor of. It is a resolution of the Miami City Commission directing the City Manager to create and implement an operational taskforce to combat criminal activities pertaining to narcotics, prostitution, human trafficking, and illegal gambling. Vice Chair Russell.: Is this a pocket item? Commissioner Diaz de la Portilla: Yes, sir. It's -- it's a pocket item that -- thank you, Commissioner. Vice Chair Russell: Give me just a moment, because we have a current motion on the floor. Commissioner Reyes: Yes. We have to vote on this. Vice Chair Russell: So, I'm -- I'm a little -- I don't have a copy -- Commissioner Carollo: You're right, so one at a time. So, -- Vice Chair Russell: Yeah. No, I understand where you're going. I just -- Commissioner Carollo: Absolutely correct. Commissioner Diaz de la Portilla: Yeah. Can we take up the pocket item, get that done, and then we come right back to this? Does that work? [Later...] Commissioner Carollo: Back to the resolution. Vice Chair Russell: Can I get a copy of this pocket item, please. I don't have it for City of Miami Page 192 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 some reason. Commissioner Diaz de la Portilla: You should have. Vice Chair Russell: I should but I can't find. Commissioner Carollo: Here's one that -- I have an extra one here, I think. So, resolution of the Miami City Commission directing the City Manager to create and implement an operational taskforce to combat criminal activities pertaining to narcotics, prostitution, human trafficking, and gambling, to improve the health, safety, and general welfare to the residents, visitors, and business in the city of Miami. 1 will be sponsoring this, and I will make the motion for it. Commissioner Reyes: I will second that. Commissioner Diaz de la Portilla: Well, the thing is that's already sponsored by me, so it's my pocket item? Commissioner Carollo: Well, I'm joining you as a sponsor. Commissioner Diaz de la Portilla: I want everybody to sponsor to it. Commissioner Carollo: Oh, okay, well -- Commissioner Reyes: 1 will co-sponsor also. Commissioner Carollo: There's no problem. We should all sponsor all this. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: That's right. Commissioner Watson: We should. Vice Chair Russell: Let me get some procedure going here. Commissioner Carollo: I have the motion. Vice Chair Russell: Just a moment, Commissioner. Alright. We're going to name this PI1, Pocket Item I. Commissioner Diaz de la Portilla: You need to open it up for public -- Vice Chair Russell: Thank you very, much. I think I'll get there. Commissioner Diaz de la Portilla: -- public comment. Vice Chair Russell: We're going to name this public item -- Pocket Item 1. The motion is by Commissioner Carollo, the second is by Commissioner Diaz de la Portilla. I'm going to open for public comment. This is a resolution of the Commission to create an operational taskforce. Is there anyone here who would like to speak on this item? Seeing none, I'll close public comment. Commissioner Watson: Can I clear a quick question? Vice Chair Russell: Yes. We're open for discussion on the dais. City of Miami Page 193 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Watson: Just --1 guess quick -- there's always two questions. First question is, how does this relate in terms of cost for us? Because 1 mean, the police does some of this so are we now -- Commissioner Diaz de la Portilla: If I may -- Commissioner Watson: -- are now elevating or -- Commissioner Diaz de la Portilla: It's an operational -- it's an operational taskforce. So, the Manager will determine whether it's, you know, some code enforcement members, some police officers. Commissioner Watson: I see. Commissioner Carollo: It'll be -- is not only police officers. It'll be an operational taskforce. The concept of a taskforce is not only one department, it's a combination of different departments. But that's up to the Manager to determine what's the best way and most cost efficient and effective way of doing that. Vice Chair Russell: Commissioner Watson, you're looking for a budgetary impact; is that correct? Commissioner Watson: Right. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) just because what I want to do is I want to make sure that we are all focused on that. So, with those plans, I spoke to Chief Acevedo a little bit -- a little while ago, and he's very excited about this and the opportunity to go in and clean up some of these neighborhoods. Commissioner Watson: So, it's all pulled from what we already have? Commissioner Diaz de la Portilla: Yes, sir. Yes, sir. Commissioner Watson: And so, we're all sponsors now, right? Commissioner Diaz de la Portilla: Yes, sir. Oh, you want to, I mean, it's okay if you don't. It's fine. Commissioner Watson: How can I not want to sponsor that. Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Watson: All right. Thank you. Vice Chair Russell: All right. So, you're clear on the budgetary -- there is no budgetary impact at this point because it will be reassignment. Mr. Manager, you agree with that? Arthur Noriega (City Manager): That'll be our goal if there is ultimately any impact, we'll certainly come back to you and report it. Vice Chair Russell: Understood. Excellent. Commissioner Carollo: There might be some overtime at some point in time, but I think it'll be overtime well spent. Vice Chair Russell: Thank you. We have a motion. We have a second. Is there any City of Miami Page 194 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 NA.3 8967 City Commission further discussion? All in favor of the items say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Vice Chair Russell: Motion passes on PI1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IDENTIFY THE SERVICES THE COUNTY PROVIDES TO CITY RESIDENTS AND THE APPROXIMATE DOLLAR VALUE OF SAID SERVICES ("STUDY"); THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE AN EXPERT CONSULTANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO RETAIN AN EXPERT CONSULTANT TO CONDUCT THE STUDY, IF NECESSARY. ENACTMENT NUMBER: R-21-0184 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Commissioner Carollo: Now, Mr. Manager, what I'd like to do is request of you, and I'll put it in the form of a resolution, so that it can be official, that you do whatever study you feel that you need to do and hire whoever you need to hire so that we could make the best assessment that we can as to what services do we get from the County and put a price tag on them. So, that we could see what we're getting in return for the monies that we're paying. $300 million that we're giving them, that's a lot of money in taxes. Vice Chair Russell: There's direction. Do you need a vote on that? Is that -- is that the direction -- Commissioner Carollo: I'm making that in the form of -- Vice Chair Russell: -- to the Manager. I think it's clear -- Commissioner Carollo: -- a motion. So, there's' no doubt what we're asking for as a body. So, I'm -- Vice Chair Russell: Is the motion captured clearly? Todd B. Hannon (City Clerk): Is Commissioner Carollo requesting this be captured as a resolution? Commissioner Carollo: Yes. Vice Chair Russell: Yes. Commissioner Reyes: Okay. Vice Chair Russell: Is there a second? City of Miami Page 195 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Reyes: 1 second. Vice Chair Russell: Seconded by Commissioner Reyes. Discussion. Commissioner Reyes: I want to -- also, I want us-- I want to also inform this Commission that I had a meeting with Mayor Cava, and during our meeting, I stated that I started being confrontational, which I had to be incorporated. And also told her that we are -- they are representing the same people that we represent. And they're responsible for the well-being as much as we are and that we need more assistance. We need more cooperation in all aspects, including public works. And the streets that they controls [sic], that the way that they control it, sometimes -- most of the times we don't have funds for it and that would really -- we need to work a way --1 mean, find a way where we can get assistance from them. And she was very receptive, and I think that we should stress that since we are representing the same constituents, that there's their responsibility to work with us and with every city, you see? And I think that will benefit us and it'll give us, I mean -- Vice Chair Russell: Agreed. I -- I've been saying for over a year now that Rapid Transit Zoning is an affront to our Zoning Code. Commissioner Reyes: That's right. Vice Chair Russell: And it's a place where we can come to significant disagreement, and I'd rather work together. Commissioner Reyes: Absolutely. Vice Chair Russell: But through RTZ (Rapid Transit Zone), they're robbing us of our ability for transitional zoning -- Commissioner Reyes: Yeah. Yeah, yeah. Vice Chair Russell: -- affordable housing, all of these things, and these are -- Commissioner Reyes: I enumerated to her all the problems that we have. Vice Chair Russell: Yeah. Commissioner Reyes: And including the review that they make of -- for example, I had about 19 speed humps that they were stuck in Dade County. They were being reviewed by the Transportation Department. And I said that is not right because it have taken me a couple of years to get the permit for that. Vice Chair Russell: Likewise. Commissioner Reyes: -- you see? So, -- and she was very receptive, and I hope that she understands, and we understand that no, we have to go the other route. Commissioner Carollo: What I have been feeling for a long time and this is why I placed this motion, then made this request that the manager do a real up-to-date study of how much in dollars are we getting from the County in services versus what we give them. I've been feeling for a long time that we are subsidizing with our dollars a lot of the unincorporated areas -- Commissioner Reyes: Yes, we are. City of Miami Page 196 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Vice Chair Russell: -- of Miami -Dade County. Commissioner Reyes: Yes, we are. Commissioner Carollo: And that is not right. We have a city that while the pictures and the neighborhoods that the rest of the world sees, the rest of our country, all see that everybody here is rich and wonderful. The truth of the matter is that the majority of our neighborhoods that we have are poor. We have a tremendous amount of poor people in this city that need a lot more help and we could give it to them if those dollars were spent in the city ofMiami, and they're not, so -- Commissioner Reyes: May I add -- Vice Chair Russell: There's been a motion, there's been a second. Further discussion? Commissioner Reyes: May I add to what the commissioner is saying? Vice Chair Russell: You may. Commissioner Reyes: I'm back -- I am supporting Commissioner Carollo's resolution because that will give us -- Vice Chair Russell: Proof. Commissioner Reyes: -- proof that what we receive in exchange for all the -- what really is coming to us. And that way we can sit down and say, hey listen -- Vice Chair Russell: We may just be a donor district. Commissioner Reyes: That's right. Commissioner Carollo: We definitely are. Vice Chair Russell: Of course. Commissioner Reyes: We are. Okay. Vice Chair Russell: All in favor of the items say -- oh, I'm sorry. I need to open for public comment on this item. Anyone here for public comment? No. Closing public comment. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. I thought Camacho was going to jump up and give public comment for us. Commissioner Reyes: That's right, Camacho was about to, but Camacho is -- just want to go home. Vice Chair Russell: Thank you. City of Miami Page 197 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 NA.4 8968 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY ("COUNTY COMMISSIONERS") TO RECONSIDER THE PROPOSED REVISIONS TO MIAMI DADE COUNTY TRANSIT BUS ROUTES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND TO THE COUNTY COMMISSIONERS. ENACTMENT NUMBER: R-21-0185 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Thank you. And I would welcome a motion actually for a resolution urging the County to -- Commissioner Reyes: 1 will support that -- Vice Chair Russell: So, if you move it, I'll second it. Motion by Commissioner Reyes, seconded by Commissioner -- Commissioner Reyes: You can -- you can -- Vice Chair Russell: I can't make the motion. Commissioner Reyes: I'll do it. Okay. Vice Chair Russell: So -- Commissioner Reyes: That affects you and me. Vice Chair Russell: So, yours is a 32nd Avenue route. Commissioner Reyes: 32nd Avenue route. Vice Chair Russell: Mine is a Douglas Road, 37th, south of US-1 has been -- Commissioner Reyes: Okay. Vice Chair Russell: -- has been removed in the new recommendation. Commissioner Reyes: I second yours -- Commissioner Diaz de la Portilla: And -- and mine is Route 6. Commissioner Reyes: Route 6. Okay. Commissioner Watson: Mine is 2nd Avenue. 2nd Avenue and a couple of others, but -- Commissioner Reyes: Okay. Vice Chair Russell: Any that you'd like to state specifically for the resolution? City of Miami Page 198 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Watson: Well, but this is a whole plan, 1 think we're all affected. Vice Chair Russell: Well., they -- so in their plan, which has been recommended by staff it has not yet been adopted by their Commission, so there is still time for it to be revamped or changed. So, we have certain recommendations that we're hearing from our residents. Commissioner Diaz de la Portilla: That's not that's -- not the case. Vice Chair Russell: 1 believe it is. There's still room for amendment. Commissioner Diaz de la Portilla: I think that the Commission -- Miami -Dade County Commission passed it, right Mr. Nzeribe? Vice Chair Russell: Mr. Ihekwaba. Nzeribe Ihekwaba (Assistant City Manager): So, good evening. Nzeribe Ihekwaba, Assistant City Manager. The County is still wrapping up the public information session -- Commissioner Diaz de la Portilla: I'm sorry. I apologize, I stand corrected. Mr. Ihekwaba: However; in the amended recommendations, some of the trolley provisions have been deleted. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: So, they are now leaving it at the discretion of the local government. What the administration would like to see is to go back to an efficiency study of the city's trolley system to see if we can fine-tune the routing that was done previously that were kind of in conflict with the County bus system. We've already accomplished a couple of things already. The Vice Chair is aware of that. Our trolley system is connected to all the train stations and also, we're interconnected with the Coral Gables trolley system, as well as the trolley system at West Miami. Now, to answer to the respective concerns of District 4 and District 1, about the discontinuation of certain bus services. We -- today, we received a comprehensive list of all the bus routes that the MDT, the transit system at the County had discontinued from 2012 to date, there are quite a lot within the city of Miami. So, I will appreciate the resolution that is being proffered. That will assist us to take the list back to the County for a reconsideration. It's not just the three routes that you mentioned. There are quite a lot of them, even servicing in Downtown area and Brickell, that they took away. Commissioner Diaz de la Portilla: So, in essence, like in -- to clarify for my purpose, you want us to reject their plan? Mr. Ihekwaba: We're not rejecting because their plan is -- Commissioner Diaz de la Portilla: Well, reject their current plan, the one we had before us and -- or -- Mr. Ihekwaba: There is nothing before you -- Vice Chair Russell: Just a recommended change. Mr. Ihekwaba: There's nothing before you. City of Miami Page 199 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 Commissioner Diaz de la Portilla: Okay. All right. Mr. Ihekwaba: That's not -- this is just a discussion. Commissioner Diaz de la Portilla: I understand. But the -- Mr. Ihekwaba: -- as to the service of what the County can -- Commissioner Diaz de la Portilla: -- but there could be a motion. There could be a motion for us to -- Mr. Ihekwaba: The motion is for us to reconsider the city's trolley system for efficiency. And also, second step, for the County to reconsider the discontinuation of their routes. Commissioner Diaz de la Portilla: Okay. Plus the additional -- the bus routes that we all mentioned today. Mr. Ihekwaba: Yeah. It's in the list. Commissioner Diaz de la Portilla: We put all that in the same motion. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: And so, 1 move that. Vice Chair Russell: So, it's already been moved and seconded. It's already been moved and seconded. Commissioner Watson: So, do -- Vice Chair Russell: Is there -- Commissioner Watson: -- do we have to include the routes in the motion? Vice Chair Russell: We were -- we have been choosing routes in the motion that we'd like to preserve -- we've urged them to preserve. Commissioner Watson: Can I give mine right quick? Vice Chair Russell: Yes. Commissioner Watson: 16, 10, 2, 202, 93. Vice Chair Russell: Captured. Commissioner Diaz de la Portilla: He got five. I only got one. Commissioner Watson: That's why I asked the question. Vice Chair Russell: Mr. Ihekwaba, do you need to hire an outside vendor to help you analyze our trolley routes? Mr. Ihekwaba: Yeah. We have a consultant -- Vice Chair Russell: You have them already. City of Miami Page 200 Printed on 03/06/2025 City Commission Meeting Minutes April 22, 2021 ADJOURNMENT Mr. Ihekwaba: -- that's working on that. Vice Chair Russell: Okay. And your motion does capture the creation of that or that -- the analysis of that. We heard from the Transit Workers Union this morning, and it's not only the bus drivers that would be losing jobs. It's all of the housekeepers that -- on these routes. Especially the one I'm talking about and people who live in that area, people who need to get to jobs won't be able to get to jobs in very crucial areas. It just eliminates service. So, there is a motion, there's a second. I think it's pretty clear what we're looking for. All in favor of the items say -- sorry, open jbr public comment. Closing public comment. Camacho wants a bus route. Commissioner Diaz de la Portilla: Mr. Camacho, can you please come before the body? Vice Chair Russell: All in favor of the items say, 'aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. The meeting adjourned at 9:32 p.m. City of Miami Page 201 Printed on 03/06/2025