Loading...
HomeMy WebLinkAboutCC 2022-03-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 10, 2022 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes March 10, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the loth day of March 2022, 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. Chairwoman King opened the meeting at 8:41 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, Chairwoman King officially called the meeting to order at 9:01 a.m., recessed at 12:11 p.m., reconvened at 3:03 p.m., and adjourned at 5:47 p.m. Note for the Record: Commissioner Russell entered the Commission chambers at 8:44 a.m., Commissioner Reyes entered the Commission chambers at 9:04 a.m., Vice Chair Carollo entered the Commission chambers at 9:57 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:38 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, I will open the meeting with a prayer from Pastor Stephanie Russell. Please come up. Thank you. (COMMENTS MADE OFF RECORD) Chair King: Good morning Commissioner Reyes. I'm looking for Commissioner Russell. We just lost him. (COMMENTS MADE OFF RECORD) Commissioner Reyes: Could you please stand up for the Pledge of Allegiance. Pledge of Allegiance delivered. PART A — NON -PLANNING AND ZONING ITEM(S) City of Miami Page 1 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11561 PROTOCOL ITEM Honoree Presenter Protocol Item Mike Sarasti Mayor Suarez Certificate of Merit Employees of Grants Administration Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to City of Miami CIO/Director of Innovation and Technology, Mike Sarasti. Mr. Sarasti's position was charged with driving innovation, technology operations, process improvement, collaboration, and data -driven strategy across municipal government. Mr. Sarasti has been instrumental in the advancement of civic services, user -driven technology, and open data. He has more than 15 years of government experience evaluating government processes, modernizing technology, analyzing performance metrics, and improving the usability of resident services. He has built valuable relationships across cities, foundations, non profits, universities, and others throughout Miami's civic tech community. Most recently at the City of Miami, he has led efforts to transform digital services, streamline IT operations, build process improvement capacity, and conceptualize smart city solutions. As a core member of Mayor Francis Suarez's' Venture Miami Team, he provided concierge support to founders, finders, and technologists across Miami's tech ecosystem. On his personal time, he also writes, produces, and performs in the electro-experimental-rock duo Raker. Elected Officials paused in their deliberations to pay tribute and recognize his great efforts, education and leadership while thanking him for elevating the quality of life in the City of Miami. Furthermore, the Commissioners wished him good luck in his future endeavors. 2) Mayor Suarez and Commissioners presented Certificates of Merit to Elizabeth Albo-Gonzalez, Esther Balsera, Lillian Blondet, Almartha Barrett, Dorian Gibson, Carol Reinoso, Gissella Sotelo-Bermudez, Kaitlin Teknipp, and Malissa Sutherland who are employees of the Department of Grants Administration. The City of Miami recognizes their dedication and commitment to improve the lives of Miami residents demonstrated by the successful implementation of programs and grants awarded. Since October 1, 2019, the City of Miami has been awarded 93 grants totaling $167,130, 754 (FY20 - $24.9M,; FY 21 — $36.4M,; FY22 YTD - $105.8M) as a result of the efforts and persistence of the grant writers and staff to complete superior proposals in a timely manner. Department staff supported each other in a multitude of ways to ensure the grant writing process continued to move forward and programs were implemented, whether they were working remotely or on -site. The Summer Jobs Connect program was restructured to successfully provide remote employment opportunities and financial literacy to 466 individuals in the Summer of 2020 and 2021. Our Families First Parenting Program was offered virtually to continue to support over 150 caregivers and families during the most difficult times experienced with the pandemic. Anti -Poverty Agreements were processed to ensure funding was available to assist 129,186 residents. Elected Officials paused in their deliberations to pay tribute and recognize the great efforts of staff while thanking them for elevating the quality of life in the City of Miami. Presentations made. City of Miami Page 2 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 ORDER OF THE DAY Commissioner Reyes: Good morning. Chair King: Good morning. Thankyou. Good morning, everyone. Welcome to the March 10th meeting of the City of Miami 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 and Zoning and/or quasi- judicial items will be explained by the City Clerk. And I'm going to have them do that now. Victoria, if you could explain the procedures for public comment. Victoria Mendez (City Attorney): Thankyou, Madam Chair. Good morning. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related city requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member or staff member until registering. A copy of the section about lobbyists is available at the City Clerk's Office or online at www. municode. com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting any action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online at 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair by not more than two minutes on any proposition before the City Commission takes action unless modified by the Chair. Public comment will begin at approximately 9: 00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.rniarnigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public cornrnentform. The comments submitted through the form have been and will be distributed to elected officials and City Administration throughout the day so the elected officials can consider the comments before 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. Public comment may also be provided live here at City Hall at 3500 Pan American Drive, subject to any and all City rules, as they may be amended. 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 to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and 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 for any matter considered at this meeting may need a verbatim record of the item, a video of this City of Miami Page 3 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 meeting may, be requested at the Office of Communications or viewed online at www.miamigov.corn. PZ (Planning and Zoning) 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 Emergency Ordinance Number 13903 and 13914, parties for any PZ items, including applicant, appellant, appellee, City staff, and any person recognized by the decision making body, as a qualified intervener, as well as applicant, representatives, and any experts testifying on behalf of the applicant, appellant, or appellee 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 pursuant to Section 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 approval, the applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code. The appellant shall present first. For appeals, the appellant will present the appeal to the City Commission, followed by the appellee. Please silence all cell phones and other noise making devices at this time. This meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Mr. City Clerk, will you please read the statement for swearing in. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows, Members of City staff or any other individuals required to be sworn in who are currently present at 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 in at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney'' Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email 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 affidavit shall be included in the record for the relevant item for which you'll 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? Commissioner Russell: Yes. Mr. Hannon: Chair, may, I administer the oath? Chair King: Yes, please. Mr. Hannon: Good morning, ladies and gentlemen. Good morning. If you will be speaking on any of today's Planning and Zoning items, if you will be speaking on City of Miami Page 4 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 any of today's Planning and Zoning items may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. Manager, are there any items that the Administration would like to continue, defer or withdraw, or indefinitely defer? Arthur Noriega (City Manager): Good morning, Ms. Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the City Administration would like to defer the following item: DI.2 to the April 14th meeting. Commissioner Reyes: Can you do it a little slow? Mr. Noriega: The Administration would like to defer the following item -- Commissioner Reyes: Okay. Mr. Noriega: -- DI.2 to the April 14th City Commission meeting. Chair King: Is that it? Commissioner Reyes: Is that it? Mr. Noriega: That concludes the requests for deferrals or withdrawals or indefinite deferrals. Chair King: Commissioner Reyes, do you have any items you'd like to? Commissioner Reyes: No, Madam Chair, I'm fine, thank you. Chair King: Commissioner Russell? (COMMENTS MADE OFF THE RECORD) Chair King.: Okay. Mr. Hannon: Chair, my apologies. Just for the record, Mayor Suarez would like to be shown as a sponsor for item PH.2. Chair King: PH.2. Mr. Hannon: Mayor Suarez would like to be shown as a sponsor for item PH.2. Chair King: Okay. I would like to be shown as a co-sponsor of RE.8. And I would like to defer item P11.2 to the second meeting in April. Mr. Hannon: That will be April 28th. Chair King: Are there any pocket items? Yes? Commissioner Russell: I'd be happy to sponsor all of the FIND (Florida Inland Navigation District) Grant applications. I think it was very fitting to recognize Lillian and the team this morning and I want to cheer them on and be very strongly an advocate of all of those. City of Miami Page 5 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: All of what? Commissioner Russell: The FIND Grant applications -- Commissioner Reyes: Oh, the FIND Grant. Commissioner Russell: -- so it would be CA.7, 8, 9, 10, 11, and RE.5 and 6. Commissioner Reyes: Well, any grants that we receive I will co-sponsor. Chair King: Did you get that, Mr. City Clerk? Mr. Hannon: Yes, ma'am. Commissioner Reyes, you wanted to be shown as a co- sponsor as well for all of the FIND? Okay, understood. Chair King: Myself as well. There are no pocket items? No? Okay. Then, let me -- Mr. Hannon: Chair. Ms. Mendez: Chair, I believe District 3 has a pocket item, butt don't know if we're -- Commissioner Russell: We'll wait. Ms. Mendez: -- waiting? Okay. Mr. Hannon: We may want to address that when Commissioner -- the commissioner arrives. Chair King: Okay. So, in the meantime may I have a motion on all of the items that are being continued, deferred -- Commissioner Russell: So moved. Chair King: Second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Are there any minutes to be approved, Mr. City Clerk? Todd B. Hannon (City, Clerk): No, ma'am. City of Miami Page 6 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PUBLIC COMMENTS FOR ALL ITEM(S) 11668 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MARCH 10, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Okay. Then at this time I will start the public comment period. You may line up at the podiums. Good morning. Rob Pollock: Good morning. Thanks for letting me speak to RE.7 regarding Morningside Park. I'ni Rob Pollock, I live at 5724 North Bayshore Drive in Miami. I support improvements to the park because they benefit the citizens of Miami. Especially those who live outside Morningside. I hope that you can look past the chaff that's being thrown by a minority of people and improve the park by upgrading its facilities and layout. As we heard in the beautiful prayer this morning, this is for the betterment of all people. Thank you. Chair King: Good morning, sir. Henry Stephens: Good morning. Chair King: How are you? Please go ahead. Mr. Stephens: Henry Stephens are my name and I come to address the homeless, because I am homeless and doesn't have anywhere to stay. And ain't [sic] nobody reached out to me about any of this stuff here. And there's a guy, this is the only guy that helped me out. Commissioner Reyes: Sir, are you actually homeless? Mr. Stephens: Yes, sir. Commissioner Reyes: Mr. City Manager, there's a note that we have some, I mean, shelters that are at Camillus House and other areas. Could you please see that this gentleman is helped, okay? We're going to try to help you, sir. All right? Thank you for coming, sir. Thank you very much. Chair King: Good morning. Janna Maland: Good morning, everyone. My name is Janna Maland, I am a resident of Morningside and a mother of three, including this little one. And I'm here to support REJ, an improvement of the Morningside Park so that my three kids and the other kids of the neighborhood can enjoy the beautiful park that we have for a long time to come. Thank you. Chair King: Thank you. Grady Muhammad: Good morning. Grady Muhammad, President/CEO JFernande Real Estate Leasing. BC. 15, in favor of the appointments for the Little Haiti Revitalization District Trust. My address is 7017 Northwest 5th Court. I'm a Little Haiti resident, Little Haiti business, and more importantly I'm a Haitian -- a member of the Haitian community City of Miami Page 7 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 because my father's Haitian. So, I'm in favor of the potential appointments for the Little Haiti Revitalization District Trust. Thank you. Chair King: Thank you. Good morning. Daniel Maland: Good morning, Madam Chairwoman. My name is Daniel Maland, I'm a resident of Morningside, I'm a member of the MCA (Morningside Civic Association) and I am the -- one of the Volunteer Park Committee co-chairs. And I have something I'd like to add to the record which is the results of our survey of the MCA community since the last meeting that the City Commission had on RE.7, we had an anonymous online survey sent out to all MCA members. We had a really impressive -- 102 households responded to the survey with resounding support jor the Parklmprovement Plan. Seventy-five percent of all respondents support the plan. And every single element that was asked about was overwhelmingly supported as you'll see in the notes. If you're curious, the number of respondents equals about 55 percent of the MCA households. It's about 200-plus individuals and represents over a quarter of the houses in all of Morningside. So, it's a pretty good statistical survey. And we strongly encourage you to vote in line with the will of the neighborhood and of the MCA and help us have a park for a long time to come with RE. 7. Thank you so much. Chair King: Thank you. Neil Robertson: Good morning, Neil Robertson, 5991 Northeast 6th Court. I'm the Vice President of the Morningside Civic Association and a resident of the City of Miami and Morningside since 1983. This is my third trip down here for the park. 1 am in support of it. I am entirely frustrated by the delays which have not just been over the last three years, but over the last five or more years. We need a modernized park. My neighbors and have been through the years argued about a lot of things. And there's still room to argue about what the park will ultimately look like. This is a concept that's in front of you. But you have to release the money for the concept so we can move on to the finer details of where the pool goes, or if there's going to be two basketball courts, and all that nonsense, which is down the line. But nothing happens until you people say yes to the money. There will be changes in this concept. That's fine. I don't care anymore. I just want you to do something. Pay us. Give us an opportunity to improve it. There are naysayers, but we need a modernized park for the children of today, not for the Peter Pan vision of Elvis Cruz childhood. We need a new park that has new facilities. Thank you. Chair King: Thank you. Reynold Martin: Morning. Chair King: Good morning. Mr. Martin: I am Reynold Martin. I am speaking on the issue ofRE.7, Morningside Park, the redevelopment. I'm a member of Village West Homeowners and Tenants Association. You wonder why I'm here? I'm here because I worked ten years with Mr. Cruz at the Miami Fire Department. I have used the Morningside pool to train as a firefighter to provide, you know, safety for our community. When he told me what was happening, I had to go see for myself the proposed changes to a beautiful public facility that is being improved for no good reason. I was taught that if it's not broke you don't fix it. If you go to the park on the weekend, it is full of people picnicking, playing ball, fishing, and otherwise enjoying the amenities of a park that has been there for 69 years, since 1953. I think the City ought to slow up on this issue, listen to another point of view, and come up with a project supported by residents from all over the city, not just those that live in the Morningside community. Given more time to this issue I would get organizations like the NAACP (National Association for the Advancement of Colored People) and other rights organizations to get involved because the impact of this project is to limit access to an City of Miami Page 8 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 African -American community who have not had notice that these things are going on. Thank you for hearing me. Chair King: Thank you. Good morning, sir. Alan Daniels: Good morning, Alan Daniels, I live in Morningside. Dear Commissioners, thank you for giving us the time to address you two weeks ago, and more importantly for apparently listening and taking our concerns seriously. To be clear, I support, wholeheartedly, the allocation of funds to build a new pool in Morningside Park, the remediation of the shoreline, and to address the flooding issues in South Morningside. It remains a fact that the ineptitude and inability of both the City and the volunteer and voluntary Neighborhood Civic Association, not homeowners association, to manage a proper and appropriate charrette process for these public works over the last six years has caused endless confusion and division among Morningside neighbors. 1 listened again to your comments from last 24th February meeting. Your only real objection to leaving the pool in its present location was a concern about the unlikelihood of a change to flood zoning from VE to AE. Now we are informed that FEMA (Federal Emergency Management Agency) is eliminating Morningside Parks VE flood zone, and the entire park will become an AE flood zone. That new information, based on federally funded science, must resolve the controversy. The pool will be the same height no matter where you build it in the park. So, the reasons for moving the pool are moot. By building a new pool in the existing location you can avoid disrupting the rest of the park and avoid wasting a lot of taxpayers' money. A new pool in the same place will not block the view. Please build a new pool, not an aquatic center, in the original place and leave the loop road as originally designed. Please do not fundamentally change the character of the park with this plan that is based on incomplete and materially incorrect information. Thank you. Mr. Hannon: Chair, I'm sorry, if I can get the speaker's name again? Chair King: Good morning. Jacqueline Krijger Degwitz: Good morning. My name is Jacqueline Krijger Degwitz. I live in Morningside also, 690 Northeast 50th Terrace. And I would really like to address you, Mr. Reyes, Ms. King, Mr. Russell, to go to your higher self and let your higher self make the decision that we really need the funding. We do. That's what we want. And it's such a jewel of a park. And I sent an email with photos from several places of the park that's with a beautiful view. I took the photos especially from the back of the park, so you see. And there's places, like you know, you see the beautiful water all the way from the back of the park. Then you go in where the pool is, then you don't, because it does like Mr. Daniel said, it does block views, it does. And I also took pictures of where the pool would go and what it would be blocking. It's just behind the -- the -- the tennis courts, so it won't block any view there. And it still has a beautiful view from the new place. So, please let that funding -- release it. It would be so great, and I will be very, very grateful. And not only me, but all the park goers. Thankyou very much. Thank you. Chair King: Thank you. Good morning. Paula Soarer: Good morning, how are you? My name is Paula Soares, I live on 5990 North Bayshore Drive in Morningside. I'd like to say that I'm not an activist or a hired actor, I am a working mom and also a female entrepreneur. I'm here today to support RE. 7 and the master plan proposal for Morningside Park. You see, this March 25th marks the fifth anniversaay that 1 moved into this community. It also marks the fifth year of me hearing about the issues to secure funds to improve the park and the flooding issues. Five years ago, it was about fixing the pool. Today, five years later, it's also about the pool. The same pool that has been holding up important improvements for this park. This is not about the pool anymore, it's about the overall state of the park and its condition. As I drove here today, I looked at Kennedy Park and I have to say I was a little bit jealous City of Miami Page 9 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 seeing all the visible improvements on that park. While they've been building, we've been still debating the same issue. And five years later 1 wonder if1 should have bought at the Grove instead. They have a working, functioning park and we still don't. It's time. Please vote on this resolution today so we can get to work. Thankyou. Chair King: Thank you. Good morning. Michelle King: Good morning. My name is Michelle King, I live in Morningside, 546 Northeast 57th Street. I am asking you to please vote in favor ofRE.7. The park in Morningside as you know is a City of Miami park. It services all of northeast Miami as well as the rest of Miami. It needs improvement, it needs help for the sake of our citizens. Miami is a beautiful and growing city. We have very limited views that are available to all of our citizens. Please preserve every inch of our bay views and please vote in favor of improving our park. Listen to the engineers, put the pool where it needs to go, but please vote in favor of improving our park. Thankyou very much. Chair King: Thankyou. Good morning. Beau Cassidy: Morning, everybody, Commissioners, Chairwoman. My name is Beau Cassidy. I am here in absolute support of RE.7 for Morningside Park. I'm a new resident of Morningside Park, but the neighborhood has a near and dear place in my heart. My mother lived in Morningside Park, she was born in Morningside Park, and when Hurricane Donna hit Miami, she remembers how devastating that storm was, but there was no flooding. Sixty years later 1 bought a home in Morningside Park and after the first rain we were unable to access our home because the entire street was flooded. The water went into our garage and nearly destroyed our entire house, and we were stunned. Please support this resolution to finally bring resolution to this issue. This park plan is by the City's experts, your city's experts. So please do this because I fear that my house, my very first house that 1 worked tooth and nail in this economy to be able to afford could actually be in danger. Thank you very much. Chair King: Thank you. Good morning. Lawrence Meyer: Good morning. My name is Lawrence Meyer. I am a 41 year resident of the City of Miami. I live at 770 Northeast 69th Street. I've lived in the upper east side of Morningside for about 35 years. And I am a happy user of Morningside Park. I stand here before you with my raspy voice to ask you to please support RE.7 and the improvements -- approve the master plan, and improve Morningside Park. Thank you very much. Chair King: Thank you. Good morning State Representative Hardemon. How are you today? Roy Hardemon: I'm fine. Good morning. Congratulations, Madam Chair. I am former State Rep. Roy Hardemon, 655 Northwest 48th Street, Chairman of the Model City Advisory Board for Miami -Dade County, former Chair of Model City Trust in the City of Miami, Liberty City area. It's now known as the Liberty City Trust. I come in support the infrastructure improvement in the park and in the neighborhood. It's just that the Morningside -- I started some of my family members at Morningside, that's how serious it is to me. And what -- they're mixing apples with oranges is my problem. And you're talking about the pool that don't need to be changed but you have to do something with that water that's coming into Morningside neighborhood. So they're trying to kill two birds with one stone and they're off. So, we've got to look at this a little closer and deal with that. And also, I just wanted to put on the record that we need to also deal with Liberty City when it comes to the Liberty City Trust that meets quarterly. We need to meet every month, because we have a lot of problems. The killings, the drive -by shootings, that's been stopped, but the non -economic development, meaning you ain't [sic] spending no money in Liberty City like we spend it in Morningside, like when former Commissioner Hardemon -- City of Miami Page 10 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Roy? Mr. Hardemon: One more second and I'm going to leave it alone. Chair King: I'm just asking you what agenda item are you speaking on? Mr. Hardemon: Say it again? Chair King: What agenda item are you speaking on now? Mr. Hardemon: Well, I'm speaking on the Morningside but I'm giving you the comparison with Morningside of what we need to see happening with what's going on in Liberty City when we talk about all this crime, these drive-bys, and you building -- you ain't [sic] spending no money. We took and maybe put a hundred million dollars for affordable housing, it wind up on the new Key Biscayne -- well, the new Brickell. All that beautiful businesses over there, we've created that, but Liberty City ain't [sic] getting none of that money. I'm here to cry, I'm crying that you all hear me, but -- Chair King: Thank you. Mr. Hardemon: -- I don't want to be on the street fighting you all for nothing. Chair King: Thank you. Mr. Hardemon: Thank you. Chair King: Good morning. Jeff King: Good morning. I am Jeff King, 546 Northeast 57th Street. I'm here to ask you to please vote yes on RE.7. That concept is a product of the City and residents working together. And as far as the pool, when that pool was built in the 50's it featured cabanas along the desk that could be rented for the season by households with extra money. And I'm sure that the pool location and the elevated cabanas with a great view of the water was intentional. But now those cabanas are long gone and they're not coming back, and the million dollar water views are for everyone and that happens from the park grounds. I kind of find it hard to understand how some folks that argue against trees along the shoreline because it blocks your view are arguing for a giant wall of a pool that would block water views from the park. Put the pool, you know, the management center, it enhances safety, it makes it more efficient to manage, there will still be water views from the pool deck. Please approve RE. 7. Let's get started improving the park. Chair King: Thank you. Good morning. Elvis Cruz: Good morning Commissioner, Elvis Cruz, I am speaking on three issues today and I have some others that are giving me their time -- Mark Rockowich, Maurice Hobbs, and Barbara Lang. Chair King: How many people have given you time? Mr. Cruz: It would be a total of four. Chair King: Four people? Mr. Cruz: Yes, ma'am. Chair King: Plus yourself? City of Miami Page 11 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Cruz: No, three plus myself four. Chair King: Oh, four. Mr. Cruz: Yes. Chair King: Okay. Mr. Cruz: Okay, may 1? Commissioners -- Chair King: Wait, let me -- Mr. Cruz: I'm sorry. Chair King: So that's eight minutes. Mr. Cruz: Yes, ma'am. Chair King: Eight minutes tops. Mr. Cruz: It should be less than that, but -- Chair King: Okay. Go right ahead. Mr. Cruz: Thank you. Commissioners, I have great news. The Morningside pool issue has a win -win solution. You don't have to move the pool to avoid the AEflood zone because FEMA is eliminating the VE zone. The entire park will become an AE zone in three to four months, maybe sooner. Commissioner Russell, the hard decision is now easy based on FEMA science. As you promised, "You have my word that am committed to make sure that we have a public pool at Morningside Park that is on the waterfront, whether we renovate or build new." Thank you for that promise, sir. Commissioner King, you are no longer trapped into moving the pool. All of you, please help Commissioner Russell fulfill his promise. A new pool in the same place avoids demolishing and rebuilding eight other facilities. It already has two parking lots while the inland location would congest the front of the park. The AE zone means the pool has never been at risk of high wave action. This damage was caused by years of scrubbing the deck with chlorine bleach which seeped through the expansion joints. I was a lifeguard there in '80 and '81 and that was the routine. Notice the beam next to it is unaffected. Commissioner de la Portilla, the location of the pool was not a 50/50 split at the community meeting. That question was never asked. 60 percent wanted the pool in the same place from the first Morningside survey that went to every house in the neighborhood. That's why the MCA refused $600, 000 Commissioner Russell offered to move the pool. The MCA did a second survey last Saturday that did not include the new information about the flood zone change and went only to MCA members which is less than half the neighborhood. But this is Miami's park and the vast majority of park users do not live in Morningside. 2,100 of them signed this petition, and I believe you've each received a copy, in favor of keeping the park's facilities in place and keeping the loop road intact. Like Commissioner King they love this park. In that petition are people who have used the park for decades, especially many black families who picnic along the loop road and want to preserve the place where they've made precious family memories. 58 percent of the first Morningside survey said leave it as is. Commissioner Russell personally conducted a vote on the loop road at that community meeting and the overwhelming majority said keep it. But this plan shrinks it by half, contrary to that vote. Please uphold the public interest. The pool is set back 90 feet, it will not block the view of the bay, it improves the view from the elevated deck. For example, Marine Stadium. The whole idea is to go inside and enjoy the raised platform, for viewing the bay. With the new flood zone, we have a good logical compromise. A new pool at the elevation the City City of Miami Page 12 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 wants, in the same location most of the public wants, without disrupting eight park facilities, it's a win -win. Shoreline flooding. The park should be protected from shoreline flooding, but this plan does the opposite, it puts the seawall 23 to 77 feet inland and surrenders the shoreline to flooding. The plan excavates the shoreline to the high tide level, creating a swamp. No mangroves will be planted but that's misleading because the swamp is a mangrove incubator. Seeds will float in and grow a wall of mangroves. They even drew mangroves on the plan. It's a Trojan horse. We know the difficulties of getting mangrove trimming permits and they soon grow back. The plan takes 80,000 square feet of precious waterfront recreation space. It calls for planting three foot tall marsh grass over large areas. You can't walk, lay a picnic blanket, or play there. It would be unusable by the public and a perpetual maintenance problem attracting weeds and litter. The plan's motivation is environmental, but the water pollution comes from the Little River and would not be improved at all by this plan. The park already has two -and -a -half acres of mangrove environment. Here it is in 1953 when the park opened, here is that same location today. The park already has more linear feet of living shoreline along the canal and tidal basin than the 1,900 feet of bay frontage. There are already 17 nature preserves along Biscayne Bay. Morningside is a recreation park, not a nature preserve. There are few places in Miami we can picnic next to the bay. The public's enjoyment of the park should be first priority. This is Miami's park. Like you recently did at Albert Pallot Park here's an alternative living shoreline. Put the seawall at the shoreline with boulders and oyster reefs in the water which would improve water quality. This win -win design helps the environment, protects the park from flooding and preserves our bay views and precious waterfront recreation. Rain flooding. The park has two big flooding problems, both caused by the City. First, the athletic field. Notice this walkway has a large puddle behind it. Here's the overhead view in 2010. The drainage ditch is marked by a blue arrow. In 2012 -- in 2012 the City installed that walkway blocking the drainage ditch. It's been flooding ever since. We've told the City many times, it never gets fixed. The City shows you a flooding problem but doesn't mention that it caused the problem and doesn't fix it. Second, another drainage ditch by the tennis courts marked by the blue arrows. It used to work very well. Right here it is draining water away. This is what caused the big flooding to the gentleman's house that was here earlier. In 2019, the City moved two tennis courts blocking the drainage ditch. We told them not to, they did it anyway. That move also took up land that should have been saved for a pumping station. So now 7th Avenue gets severe flooding after heavy rain. Surface drainage ditches have advantages over underground pipes. They're simpler, cheaper, faster to install, easier to maintain, and don't get clogged unless blocked by an outside force. There's another lesser flooding problem in a few spots. Parks Director Hernandez said it's okay if the flooding lasts two or three days which is what happens here. Even so, consider raising the walkways with a layer of asphalt and filling in the low spots with sand. That would avoid moving 220 trees, including these large legacy trees to make a greenspace when the park already has seven of them. In closing, one of the hardest things to do is convince someone they were wrong. Today I'm trying to convince you that you were right, City of Miami, when you designed this beautiful park with a pool deck overlooking Biscayne Bay and all the rest. Everything I've told you is factual, logical, common sense, and avoids eight expensive conflicts. Please amend the plan so the new pool is in the same place, keep the loop road, palm garden and restroom as is, and put the seawall along the shoreline to protect the public's enjoyment of this wonderful park. And then approve it. Thank you. I'd also like to speak on item R -- excuse me - PZ.1 and 2, very briefly. The PZAB (Planning, Zoning and Appeals Board) voted unanimously, 11-0, to deny this upzoning and for good reason. Under Miami 21 Section 7.1.2.8(c)(2)(g), any application for rezoning must explain why the existing zoning is inappropriate. But the existing zoning is completely appropriate found throughout the City of Miami in situations just like this one. The proposed change is a clear encroachment into the T3 neighborhood. There is no justification for this zoning change, there is no hardship, this is simply a case of a developer wanting more. Instead of buying land that is zoned for their project or designing a project to fit the zoning, the developer wants to change the zoning to fit their project. They have it backwards. City of Miami Page 13 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Thank you. Mr. Cruz: Thank you. Commissioner Russell: Madam Chair, a comment on the petition. I have a question about the petition that was brought to us just now. May I? Thank you. Mr. Cruz, you and I -- I love working with you because I know it comes from a good place in your heart and what you care about. We agree on some things, we don't agree on other things. Democracy should prevail within the community and on this dais. What don't like sometimes are the techniques used. All of us up here in politics, and we use petitions to learn what we need and to express to the community, the way you word those petitions can affect the answers you get. The petition that you wrote says petition to preserve Morningside Park. We want to keep the basketball and tennis courts, playground, softball fields, swimming pool, please fix and reopen it, scenic loop road with convenient parking next to the soccer area, palm garden, picnic area, boat ramp launching for motorboats, volleyball, et cetera. IfI were to read this petition, I would assume that but for not supporting this those things might disappear. Because it doesn't say keep them where they are, it just says keep them. And so, the 2,000 people here are worried about losing these things. They want them so they sign your petition. And I don't think that's very, very straightforward. And so that gives me pause in wondering whether they know the full story when signing this petition. Thank you. Mr. Cruz: May 1 respond, Commissioner? Chair King: No. No, lets move along. Mr. Cruz: Well -- Chair King: Let's move along. Mr. Cruz: It's incorrect what you've said. Chair King: Good morning. Mr. Cruz: Those facilities were -- Rachel Furst: Good morning. My name is Rachel Furst, I live at 570 Northeast 57th Street. Madam Chairwoman, Commissioners, I am here to speak in support of RE.7, I only have two minutes so rather than use my time to go through and kind of address some of the points Elvis raised, I'll just tell you a little bit about myself and why I support RE. 7. I work full-time as an attorney, I'm the mother of two young children. I braved the traffic, I put my work on hold to come down here because myself and my family, we use the park every day. We love the park, it's a gem. It's a gem of a city park. Not only of course Morningside residents use it, but the entire city. And this is at least my fifth trip to City Hall to speak to you about the park which has been the subject of so many public meetings, so many public notices, and City Commission meetings over the past five years. The City's plan is the result of a lot of public outreach, a lot of studying, the opinions of its experts, consideration of looding, the opinions of engineers, and it represents the City staffs best efforts to plan for a park that will serve Miami residents for many decades into the future. And that is why I support it and that is why the Civic Association members also support it. I happen to be the president, but I'm really here as a concerned resident and user of the park. The survey that we carried out last week, in order to control the amount of participants and be sure that it was an accurate survey, that nobody voted twice, we sent it -- we made it available only to MCA member households and only one vote per household no matter how many people live in the house. And everybody overwhelmingly supported the City's plan. Not everybody but there was an overwhelming strong majority support for every single element of the City's plan. The City's plan includes a new beautiful pool, a City of Miami Page 14 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 loop road to ensure access to every aspect of the park, and a thoughtful shoreline. It doesn't replace the shoreline we have now with a big concrete wall. So please vote in favor or RE. 7. Please don't defer it again. Our park needs investment. Thank you. Chair King: Thank you. Good morning. Derrick Blassingame: Good morning, Madam Chair. Derrick Blassingame. I came here on November the 2nd to the City ofMiami. I am a government watchdog, I am an unsheltered individual, and I hope that the City ofMiami is prepared for what is coming forth. I'm here to oppose --1'm --1'm opposing Resolution 11433, that's Page 11 on your agenda. Prior to me getting into that I want to remind this Commission that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or bridging the freedom of speech or of the press or of the right to peacefully assemble and to petition the government for redress of grievance. 1 also want to remind you of the City of Miami's Bill of Rights, the Citizens Bill of Rights. This government has been created to protect the governed not the governing. I want to reiterate that privatizing parks to keep homeless individuals from using them or to ascertain specific groups of people who you want in these parks is unconstitutional. The City ofMiami Police have been harassing me for being in public space simply because I'm a homeless individual. The Ninth Circuit Court of Appeals in federal court has already ruled in 2018 and the United States Supreme Court upheld that ruling, that homeless individuals have a right to be in public spaces if there are no spaces in shelters. So, I'm asking you to tell the City of Miami Police to back down or we'll go to court, federal court. The other thing 1 want to mention is, yesterday, my time is very valuable. The people invest time in coming down here. Yesterday 1 waited four hours. There was no meeting, there was no communication to the Clerk's office. Nobody, even the Vice Chair, did not cone in to support the Chairwoman in her capacity to operate a meeting. I am disappointed in the way you all treated the public yesterday. I'm also disappointed that in the -- in the agenda it said that the public comment will start promptly at 8:30. You all have forgotten the people that put you in the seat that you are in today. You are not above the public. You are not above the citizens. You are not above homeless individuals. And the police department will refrain from -- Chair King: Thankyou. Mr. Blassingame: -- from harassing individuals -- Chair King: Thank you. Mr. Blassingame: -- who are homeless or we're going to federal court. Maria Arisso: Good morning. Chair King: Good morning. Ms. Arisso: My name is Maria Arisso, I live at 650 Northeast 52nd Terrace -- Mr. Blassingame: -- Overtown Oversight Board. It's your job. Ms. Arisso: -- and I'm here to ask you to put the money in for the city -- for Morningside Park. And to keep the pool in its place, to keep the loop road and the park as is and just improve it. Do a seawall as it is done in so many other parks in this city. Thankyou so much. Blessings. Chair King: Thank you. Good morning. City of Miami Page 15 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Alfredo Barreto: Good morning. My name is Al Barreto, 640 Northeast 52 Street. I've lived in Morningside since '88, with a three year departure to Texas, but (UNINTELLIGIBLE) you know, came back immediately. I'm only making two observations, change for the sake of change is usually not a good idea, and second of all, the flooding that I've experienced over my tenure there of 34 years is flooding from the run-off of the 500 year flood plain, mainly 5th Avenue, and west of that, Biscayne, which is even a higher elevation. All that rain goes east, towards the park. And the people around the courtyard there, the tennis courts and those streets, always are flooded. And it's not rainwater - I mean it's not seawater intrusion because a lot of your plants would be dead if it was saltwater. Again, it's just an observation. The flooding from rain into Morningside and the Morningside Park area, I have yet to hear addressed by anyone. 1 think 1 sent Commissioner Russell an email a long time ago when all this crap started happening, because just FYI (For Your Information), take a look at this. Thank you for your time. Chair King: Thank you. Good morning. Robert Stein: Good morning. My name is Robert Stein, Pin here for the second time in a couple weeks to support RE.7, the resolution to improve Morningside Park. Like some of my neighbors, I am a professional attorney, I advocate on behalf of clients in front of the City, and its various bodies frequently. This is the first and only time I've been here on a personal matter ever since I moved to Miami. Three small points. One is that the timing and substance and certainty of these flood reclassification is unknown. Further, even if it is true, even if it is true, the flood risk is not diminished based on this reclassification, so the problem is still at our doorstep. It's not a basis to go back to the drawing board. The request, you know, from the opposition appears to be to invest all the money, but yet go back to the drawing board and completely redesign every part of the plan. It's not viable for us to keep doing this. We have to defer to our professionals. The City spends a lot of money on its staff the City has a professional City Manager who have all advocated on behalf of this plan. We need to listen to the experts. Finally, the effect of continuing to defer is -- to defer and continue to allow the park to become dilapidated. Please, please take action. We thank you very much for your service. We know it's a difficult job. We know that you can't always make everybody happy, but we need the community to be able to use the park and have it improved. Chair King: Thank you. Morning. Jesus Menendez: Good morning. Jesus Menendez, 511 Northeast 55th Terrace. Morningside resident since 1987. I wish to talk about RE.7, Morningside Park renovation. I'm a resident of the City of Miami and Morningside Park user. I do not support the City's Parks Department's master plan as presented. The City should allow more time to further discuss the details of the plans with the citizens and true friends of the park. It seems the current park plan is being pushed through for approval by the Morningside Civic Association, the MCA, which is a small group that does not represent the majority of the neighborhood. They are not a Homeowners Association as I've heard them referred to and they do not speak for me. I ant one of inany who greatly values Morningside Park's existing design and its convenient loop road and parking lots, it's palm gardens, restroom building, its bay front pool and picnic area. Numerous families have enjoyed the park as it is since 1953. Approximately 2,100 park users signed a petition to keep the park's facilities in place, another close to 1,000 signed an online petition. The Morningside Civic Association's survey also called for keeping its facilities. Morningside Park is a neighborhood park, and we don't want to turn it into a sports center with a proposed parking lot for 180 plus or minus vehicles. What will happen to our property values? I congratulate the City, Commissioners and officials, for your patience and cooperation with the residents and trust that you consciously vote today to disapprove the current plan and provide more time to revise it. Thank you very much. Chair King: Thank you. Good morning. City of Miami Page 16 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Spencer Bartram: Good morning. Spencer Bartram, 598 Northeast 56th Street, a Morningside homeowner. I'm here in support of RE. 7 and the conceptual design or redesign of Morningside Park. As a regular visitor to the park with my children, I see relocating the pool facility as logical for a number of reasons. One that I would ask you to consider, which I think is the most obvious, is that having the pool and athletic facilities grouped together makes a lot of sense for the use of those facilities, the supervision, and the maintenance of those facilities. I ask you to please listen to the professionals and experts mobilized by the City of Miami and their opinions. It's time for this project to be approved and finally move forward. Thank you. Chair King: Thank you. Good morning. Barry Ekle: Good morning. Good morning Commissioners, I am Barry Ekle of 480 Northeast 55th Terrace, living in Morningside, down the street from Morningside Park, Jro33 years. I have just three points to enjoin upon you today. First, be the fiscally responsible officials that you were elected to be over the tax funds entrusted to your charge by the citizens. And from the grants and other funds you've been so diligent and fortunate to obtain. Moving the pool from its current location causes a cascaded effect of unnecessary and additional construction, and therefbre expense. Also, constructing a seawall on the park's water's edge would ensure that the bay views remain viable for years to come. Second, 1 once heard the Dade County Coroner, yes, the Coroner, talk about the need for pools with the number of tragic deaths of especially young people due to all the water around us and them not knowing how to swim. Having publicly available swimming facilities are crucial to that education. Please do everything in your power to ensure that a pool remains at Morningside Park. Finally, Capex, Opex, and other mundane accounting terms. The pool also needs to have sufficient operating funds allocated to it annually by you so that it can operate nearly year round and not for just a few hours during the day, during a few weeks during the summer. It would be a real tragedy to go through all of this effort and not to have this facility operating at its best utilization for the residents of the city. Thank you for your time. Chair King: Thank you. Good morning. Lindsey Wolfson: Good morning, Chairwoman and Commissioners. My name is Lindsey Wolfson, I'm a fourth generation Miamian and a resident of Morningside, on 53rd Street. I'm here today as a concerned resident and board member of the MCA. Not because I always come down to your meetings to voice my opinion, but because I feel so strongly in favor of Resolution 7. I'm a mom of two young children who adore the park and use it at least two times a day. I have lived in Morningside with my husband since 2014 and since the day I moved in the discussion of Morningside Park renovations has been in the works without any progress being made. You have heard many residents speak here today on Resolution 7. Regardless of the differing opinions of the details of the park you have heard, there is uniform support in the neighborhood for investment in the park. It is time to make progress and move forward by voting yes on Resolution 7 so that the real work can begin. There will always be new information and that is the nature of the world. There will always be an excuse to defer. But the longer we wait, the conditions continue to worsen and the more expensive the renovations become. Please vote yes today on the conceptual master plan fir Morningside Park. Thank you. Chair King: Thank you. Good morning. Renita Holmes: Good morning Commissioners, Madam Renita Holrnes for the record. I'd like to first start off by thanking a commissioner, and I can't say the (UNINTELLIGIBLE) name because of the situation, for reaching out to me and going above and beyond the practices normally done by a commissioner. Sometimes people misunderstand what occurs in homelessness. And in support of CA.12 and in congratulations to brothers of the same City of Miami Page 17 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 mind and sisters of the same kind, too, I'd like to say this is the first innovative change in funding that I've seen for public housing to deal with that issue of GAP services that seems to continue. Remember, homelessness changes like the cultures do. Some of us are local, but more so often some of us are in (UNINTELLIGIBLE). I started out at Camillus House 12 years ago. I was working, but I was a functional -- what they call functional homeless. Now I'm living in a building that is now zoned repair and demolish and have been in that situation for a while. I'm seeking places and consolidating lists of places to reach, and I spent half of my time and gas money going to places that because I'm senior and disabled, I'm thinking I'm qualified. But the rules of engagement had gone. I've lost my credit card because a lot of the ERAP (Emergency Rental Assistance Program) funding has been gone because policy seems to continue to change. Having a bridge or having a voice when you're going through these situations, I'm functioning but still I'm homeless. And I'd like to know if that outreach service is going to take any type of data, because continuum of care requires that any of these type of outreach actually take the data. Evidently so, to be successful in housing and then to come to this level means there's a gap in communication. I have to apologize also, I'm here about the Citizens Bill of Rights. There seems to be some misconception about how I present myself, but I'm a person living with disability and a chronic illness in a situation like this. And I can't understand, as intellectual and as engaging as I have been things have not connected. I don't want personalities to go above us because I really have been trying to reach out. And I'd like to apologize to my Commissioner directly if it seems that I -- Chair King: Thank you. Ms. Holmes: -- had disrespected you at any -- Chair King: Thank you. Ms. Holmes: -- time, but when you're in crisis -- Chair King: Thank you. Vice Chair Carollo: What's wrong with the way you present yourself? I've known you for how many decades now? What's the problem? I don't see any problem. Commissioner Reyes: Me either. Ms. Holmes: Apparently, it's intimidating sometimes when you're smarter than the people you engage with, or more experienced, and you know the law. Thank you, sir. Vice Chair Carollo: Good seeing you. Thank you. Chair King: Thank you. Good morning. Jonathan Raiffe: Good morning. Hi, my name is Jonathan Raiffe and I live at 499 Northeast 55th Terrace, just down the street from the main entrance to the park. I am here once again asking the Commission to support Morningside Park, support RE.7. The park needs funding. I, like many of my friends and neighbors, took time away from work, from my family, from my life, to be here advocating once again for Morningside Park. I am here on behalf of myself, my wife Laura, my two children, Benjamin who is five and Julia who is one -and -a -half Our children have lived near the park their entire lives and our family goes there almost every day. Today this room is stacked with people like me, people who love Morningside Park. People who spend so much of our time in Morningside Park. People who all agree that Morningside Park needs funding. Is anyone here against Morningside Park? Is anyone here against the park? So many of us played in Morningside Park as children or are now seeing our children growing up playing in Morningside Park. This is deeply personal to many of us here in the audience and up on the dais. All of us City of Miami Page 18 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 here are in favor of Morningside Park, all of us love Morningside Park, but we are hurt, we are upset, and we are frustrated. Why? Because the park is suffering. We have to do something. We need to put money into Morningside Park. Please stop deferring. People from all over go to Morningside Park. It's a very important, very treasured park. It's not just a park in a commissioner's district, it is Miami's park. This debate has been going on for far too long. Something has to be done. As commissioners, you have to make difficult choices, but choosing Morningside Park, choosing to fund Morningside Park, that should be easy for you to decide today. Don't complicate what is easy. The park needs funding. Stop deferring our future. Please support RE. 7, support Morningside Park, don't stand in the way of a better tomorrow for us and our children. Chair King: Thank you. Mr. Raiffe: Thank you. Chair King: Good morning. Sean Moy: Good morning. Good morning, Commissioners, Sean Moy, 4011 West Flagler, Miami General Employees Local 1907. We're here in support of SR.1. Please accept the amendments that will be proffered by Commissioner Ken Russell. We're looking fbr equality and to be treated as all the employees that are being treated in the plan. We're not here just on behalf of the general employees but we're here of everybody that's participating in the GESE (General Employees' and Sanitation Employees) Pension Plan. This is something that brings us closer to becoming alike, equality and fairness, such as the police department that has an extended drop of at least 84 months; we want the same. Please understand that this is an opportunity to all to be treated equally. Thankyou. Chair King: Thank you. Good morning. Javier Fornaris Pau: Good morning, everyone, my name is Javier Fornaris Pau. I'm a resident of Morningside, I live at 520 Northeast 55th Terrace, right at the entrance of the park. I am a design professional and an architect, practicing architecture here in the State of Florida, in Miami. I'm also a father and a proud resident of this Morningside neighborhood. Thank you for giving us time to talk to you about the park. I'm here to support it along with my wife. We use the park every day, we've been there for two years. The park needs funding. And we -- we all have to agree on that this is a concept plan. I happen to agree with many of my neighbors that are supporting otherwise, like the loop road, the other elements within the park that are design elements that can be changed and interchanged during further faces of construction documentation. But for now, we please ask you to support funding of the park in order to keep the ball rolling. Thank you. Chair King: Thank you. Good morning. Joe Simmons: Good morning. Joe Simmons, Jr., President ofAFSCME Local 871. We're asking City Commission approval for RE.1, it's our Union contract. It's been nearly two years and I think we were able to come to a solution. We would ask for your approval and an affirmative vote. Thankyou. Chair King: Thank you. Good morning. Diana Briceno: Good morning. My name is Diana Briceno, I live in Morningside, I have a two year old son and we use the Morningside Park every single day. We love it. I'm here to ask you to please vote yes for the Resolution 7. We -- I personally agree with the conceptual plan and I would love to see it happening, especially at this point, getting the funding for it to move forward. Thank you. Chair King: Thank you. Good morning. City of Miami Page 19 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Rosa Ramos: Good morning, Commissioners -- Board Members. My name is Rosa Ramos, I live at 80 Northwest 41 st Street. 1 am here in the text of the Courtney building. They are asking for an upgrade or rezoning. Their area that they have is a T4. They're right out on North Miami Avenue, but they're trying to go within -- oh, okay. Thank you. They want to upgrade an open lot that they've been using as a parking lot. It is paved. It's been used for that, but what they're doing is coming in more into the neighborhood and we're trying to keep our neighborhood together. We like our way of life, we encourage businesses to open, but when they start intruding into the yards -- into our neighborhood, it becomes a problem. We went to a meeting with them and another person that has a building right next to them and they had decided at the time that they were not going to askfbr an upgrade. And it was on the Commission to know that they weren't going to do this. Now they're changing, they want to put in a parking lot on the bottom and -- more or less like a garage and have it upgraded up. This is not going to make it, you know, right, because it's going to go up. What says if it goes up to a T4 or a T5, we're not going to be having this building growing into our neighborhood. It's already in two parcels of land, going in. I live on that street, okay? I don't have no problems with the Courtney, but this idea doesn't work with us. And I hope that you listen to our views, the rest of our neighborhood is going to be in, and we want to make sure that this doesn't happen. If they want to go higher on their side of the land, fine, but when you go into the lots which aren't even -- they're not even programmed to be an open lot and a paved lot parking, it's not, you know, this is too partial and we would like to have it stay the way it is. Chair King: Thank you. Ms. Ramos: Thank you. Chair King: Good morning. John Calkins: Good morning. My name is John Calkins, I live at 431 Northeast 51st Street in Miami, in Morningside. I've lived there for 45 years, my wife and children and I. I am very much in favor of you putting money into the budget today to upgrade Morningside Park, but there are two things that I am very concerned about. One is the proposed moving of the swimming pool. People with means who can afford it spend millions of dollars to buy property with a view of the bay on which they can build a swimming pool so they can see the bay when they swim and when they lounge. Why in the world wouldn't we want to provide that kind of view for residents of the city? It makes no sense. Now there's no zoning issue. It makes no sense to move the pool. Secondly, if the proposed changes to the shoreline improve the likelihood of there being mangroves along the shore, that is ridiculous. We -- we -- the park is for the view. And to build a shoreline that will encourage the development of a mangrove forest makes no sense. Approve the money but make those changes, please. Chair King: Thank you. Good morning. Bradley Colorer.• Good morning. Bradley Colorer, I live at 590 Northeast 52nd Terrace, in Morningside, with my wife and two children. I've lived there for ten years and Ijust want to say I'm in support of RE.7. I think the park badly needs investment, particularly to deal with the. flooding issues that we see, you know, year round almost at this point. So, I am in favor of moving the pool, I think that's -- that view should be for everyone, and the pool should be elsewhere in the park. But other than that, I hope you move the item forward and thank you very much. Chair King: Thank you. Good morning. Maria Gralia: Good morning, Madam Chair, Commissioners. Maria Gralia, with offices at 150 West Flagler. I'm here in opposition to SR.3. I represent various non -homesteaded City of Miami Page 20 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 businesses, including the Madroom Hospitality, Los Altos, Little Havana Bungalows. I am asking you to please vote no or defer this item until you have had an opportunity to thoroughly review what this ordinance actually means to the City of Miami and its residents. Yesterday I hand delivered a letter to each one of you outlining the defects of this ordinance. You also received an email attaching the letter to ensure that all of you did have an opportunity to receive the letter and review it before today's meeting. I have also provided a letter to the City Attorney, to the City Manager, as well as the City Clerk. I will not bore you with all the reasons why this ordinance as proposed is unconstitutional. That is laid out clearly in my letter to the City. I can point to -- I'll highlight a few points. First of all, it is definitely arbitrary and unreasonable. It impacts all city residents of their due process rights. It is unconstitutional as it fails to provide any discretion to the Code Enforcement Board or Special Magistrate in violation of Section 162.09 of the Florida Statutes. It also seeks to impair vested rights by retroactive application of a new law. Those are just a few of my arguments. I am going to actually provide another letter to the City Clerk because I only delivered him a letter yesterday. But I want him to have a letter that could be included in the record today. Victoria Mender (City Attorney): Ms. Gralia, is that the same letter that you sent yesterday? Ms. Gralia: Yes, it's the same -- Ms. Mendez: Oh, alright, thank you. Ms. Gralia: Vicky, do you want a letter? Ms. Mendez: No, no, I have it. Ms. Gralia: It's the same one. Ms. Mendez: I read it. Thank you. Ms. Gralia: It is the same letter I delivered yesterday. I'm only asking you -- Chair King: Thank you. Ms. Gralia: Oh, I'm sorry, I just wanted to -- Chair King: No. Thank you. Ms. Gralia: Just let me finish, one second. Chair King: No. Thank you. Ms. Gralia: All right. Chair King: Go ahead. Good morning. Phillip Sylvester: Hi. My name is Phillip Sylvester, and I am a property owner of some parcels in Wynwood Norte and I'm here to discuss and express my concern about SR.3. Quite some time ago, about a year or two ago, I was cited for some violations on the property. And unfortunately, the violations went to an address that was non-functioning so I wasn't aware of it. When I became aware of it, I reached out to the City. The violations were going to be cured by demolition of the property which actually happened last year. And immediately, I worked with my attorneys to get a hearing with Code Enforcement and those fees as directed by them were going to hopefully be mitigated. As it looks now, if this was to be adopted my hearing that was going to be three days after it would be adopted, City of Miami Page 21 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 the entire fine would then be assessed to me instead of the mitigated fee down to me. I acted in good faith assuming that what they said was going to he true and that the laws that were in this -- adopted by the City at the time, were going to be enacted and applied to me. And so, I would respectfully request that maybe this ordinance be looked at and not retroactive capacity. Thank you. Chair King: Thank you. Good morning. Alex Uribe: Good morning, Commissioners, Alex Uribe with offices at 2525 Ponce de Leon Boulevard. We are providing public comment on SR.3 on behalf of my client, Waste Connections of Florida, Inc.1 think this Commission is right that there are deadbeat property owners who abuse the code enforcement system, and something needs to be done about it. It's absolutely right. I am concerned that SR.3 may have broader consequences, though, than intended. Waste Connections has been working to resolve several issues with their property that have resulted from Hurricane Irma and then not being able to close out and get the permits on time because they needed to address 40 year recertification issues, all on a facility that plays an important role as a partner with the City of Miami. They've already fixed everything, and their mitigation is scheduled for later on this month. And the only thing that we'd ask is that we either defer this item to look at and make sure that we don't take this action and put these unintended consequences on good faith actors, on people who are really struggling to make a positive change in the city, to address problems, or, make an amendment here that would let all of the properties that are already in compliance or that are already scheduled for mitigation, let them proceed and attack those people going forward, only the ones that have had cases that are not yet complied or not yet scheduled for mitigation. Thank you. Chair King: Thank you. Vice Chair Carollo: Can I say something to the City Attorney? Chair King: Okay. Vice Chair Carollo: Madam City Attorney, on this ordinance, if -- before we discuss it for a second reading, if can make an amendment that any party that has been scheduled already with a date to come before the Code Enforcement, that this would not apply retroactive to them. In other words, they can proceed as before. Ms. Mendez: Anyone scheduled for a mitigation hearing? Vice Chair Carollo: Yes, that's got a date already. Ms. Mendez: Okay. Vice Chair Carollo: That's got a date, like the gentleman said that they did. Commissioner Reyes: Madam Chair, I second that. That was one of my comments that I had written in, you see, existing permits, that they should he -- Chair King: Yes. Good morning, sir. Dave Farber: Hi. I'm Dave Farber, long time City of Miami and Morningside Park user, and I'd like to re -express what's already been said here, that change for the sake of change doesn't usually work out for the best, it adds cost and complexity for no reason. Therefore, the pool should stay where it is at Morningside Park. And as far as the berm and potential mangrove growth, it's very easy to go down to Kennedy Park, right down the street here and see that there are no views of the bay except Ibr the short catwalk that they have there. And then you go further down the bay, and you go to Alice Wainwright Park, beautiful City of Miami Page 22 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 seawall, some current riprapping has been added to prevent erosion from old bad seawall designs. And that's a beautiful park with a beautiful bay and that's what Morningside could be. So, I'm just telling you I'm not in favor of moving the pool, changing the loop road, or the ridiculous thought of uprooting the trees to move them, it just isn't going to work out. Thank you for your time. Chair King: Thank you. Good morning. Iris Escarra: Good morning, everyone. Iris Escarra with offices at 333 Southeast 2nd Avenue. I'm actually here on Items PZ.3 and PZ.4. Those are two items that you're going to see a couple of attorneys here that you regularly see before you come up and discuss vesting language. We as a group understand clearly the authorization that this Board has to adopt ordinances. And that is without a doubt all your authority. However, we want to make sure that any client that has filed a complete application, been accepted in an E-plan process, is exempt from PZ.3 and any of the RTZs (Rapid Transit Zone) that have entitlements, that have agreements, that have been adopted and so forth are also exempt. The City Attorney has graciously given us some time today at lunch to kind of discuss with us the industry discuss with us the cites. I just wanted, since I may not have my two minutes later, I just wanted to put it up and say thank you, we appreciate it, we acknowledge it, we just want to make sure that whoever's relied on the Code when they filed the application is able to vest. As well as in the RTZ, if it's an adopted already improved agreement, whatever the category may be, that they are also exempt from the adoption. And we appreciate and acknowledge the City's authority to do what is to come. Thank you. Chair King: Good morning. Mickey Marrero: Good morning, Madam Chair, Commissioners. Mickey Marrero, Law Firm (UNINTELLIGIBLE) at 200 South Biscayne Boulevard. I'm here on SR.3 as well. And first 1 want to thank Commissioner Carollo and Commissioner Reyes for that amendment. That does go a long way in helping some of the folks that we represent that have been potentially impacted by this ordinance. And like Mr. Uribe before me, I recognize that this ordinance has -- it's very well intentioned and goes a long way in addressing some concerns with the Code Enforcement process. I also share his concerns that as currently drafted it does impact some folks that have been well intentioned, that have been doing the right thing. Many of those folks do have a mitigation hearing scheduled and will have their day. There are some folks that I represent, and many in the community, some that may not even know they have a lien because for whatever reason it may have gone to the wrong address, a prior representative, and when they find out they have this lien it may already be too big to resolve in any way. So, while we think that the current amendment that was made on the floor is a very good one, we would ask you all to at least consider a very short deferral to see if there's other pockets of good, well-behaved property owners that are doing the right thing that might also be impacted. Your amendment today does go a long way, but we think there could be a little bit more. And thank you for your time. Chair King: Good morning. Javier Avino: Good morning. For the record, Javier Avino with law offices at 1450 Brickell Avenue. I'm here on behalf of several, as Iris indicated, several property owners with vested interests in the RTZ zone. Similar to Iris' concerns, we are concerned that the current language of the ordinance does not properly or adequately vest or exempt owners that have existing property rights. We have had conversations about vesting language, we've proffered some vesting language to the City Attorney Office. We are looking forward to our conversation to come up with that, but in the absence of proper vesting or exemption language we do have some concerns that this exposes, you know, property City of Miami Page 23 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 owners to uncertainty with respect to their entitlements and development rights. And so, we ask that this Board consider that, you know, as we move forward with this legislation. Chair King: Thank you. Good morning. Alba Geraldo: Hi, good morning. My name is Alba Geraldo, I am here -- no -- what happened? Closer? Okay, now it's fine. Okay, sorry. My name is Alba Geraldo, I'm here because the property located at 4400 Northeast 2nd Avenue. We are -- we got some violations some time ago and since that we are working very hard and very diligently to solve the issue by the time going (UNINTELLIGIBLE) we are getting some vandalism on the property and we start working again to put the windows and everything. And all the time try to solve every issue to get it to pass the violation and the inspections and everything. But now we are very worried because of this. Maybe if we got this thing approved, we -- lose the property. So, 1 am here to please think about that. And we are getting some -- all the time getting message from the City that everything will be fine, then as soon as we are working with the same spot (UNINTELLIGIBLE) okay, so thank you. Chair King: Thank you. Good morning. Melissa Tapanes: Good morning, Madam Chair, Honorable Commissioners. My, name is Melissa Tapanes, I'm with law offices at 200 South Biscayne Boulevard, Miami. I'm here to speak on PZ.4, that is the Rapid Transit Zone item. I'd like to echo some of the comments made by my. colleagues, Ms. Escarra and Mr. Avino. I am here requesting exemption language on behalf of several property owners and developers developing within the transit oriented development areas in partnership with the City of Miami, Miami -Dade County, and Miami -Dade County Public Schools. Specifically, JDS is working on one southside park at 888 Brickell. Crescent Heights is working with Miami - Dade County Public Schools. And Adler, 13th Floor, is working on the link at Douglas Road, which is a mixed -use, mixed -income project in coordination with Miami -Dade County. These developers have entered into public/private partnership agreements with the City, County, and Miami -Dade County Public Schools to develop mixed -use projects within. the TOD (Transit Oriented Development) for the public benefit. As you know, 1 Southside Park is a public/private partnership with the City of Miami to develop Fire Station 4 and Southside Park. It is both under permit. 888 Brickell is under a site plan approval process with Miami -Dade County after the rezone has taken place. Crescent Heights is in a public/private partnership with Miami -Dade County Public Schools for a new Miami -Dade County Public Schools headquarters as well as a new parking facility within the Adrienne Arsht Center in the Omni CRA (Community Redevelopment Agency). And last, Adler, 13th Floor, that link at Douglas Road is mixed -use, mixed -income, and is both constructed and under permits for the last phases. I will put into the record our letters requesting this exemption language and we look forward to working with Madam City Attorney over the lunch break on this exemption. Thank you. Chair King: Thank you. Good morning. Angela DiCarlo: Good morning, Chairwoman King, Commissioner Russell, and City Attorney Mendez. It's a pleasure to meet you. I'm Prosperity, I'm the host of the Love Burn, to change directions about Virginia Key, specifically in the development of Virginia Key. I'm bringing some potential members for the Advisory Board, I know you're looking for nominees, and I just wanted to offer my support as a member of the community. We grew the event from 200 people to nearly 6,000 this year. We brought people from all around the world to enjoy Miami, to celebrate Miami, to celebrate the beaches and the culture here. And we left the beach cleaner than we found it. And it's just an absolutely beautiful space, we want to see the continued growth of Virginia Key as a place for people to enjoy the outside and to enjoy Miami as a cultural beach hub as well as an artistic community with the amazing music and people and community you have here. And obviously the support fOr the people from Morningside and the other people here that are supporting City of Miami Page 24 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 their local communities. So, I'm Prosperity and it's a pleasure to meet you on the stage. If there's anything 1 can do to bring advisors to you, we have people from around the world who are happy to help to grow the Virginia Key and the island as a whole. Thank you for your time. Chair King: Thank you. Good morning. Joe Simmons: Joseph Simmons, Jr., President ofAFSCME Local 871 We're speaking in favor of SR.1, an affirmative vote of approval. Thanks. Chair King: Thank you. Good morning. Ondre Jenkins: Good morning. My name is Ondre Jenkins, 1 live on 860 Northwest 47th Street. I'm going to approve Morningside Park. I attend like every other day with my kids. I would attend this park like for over 15 or 20 years. I used to train myself for the Florida Highway Patrol. I was a Trooper for 30 years. I used that park previously. I'm in support of the amendment for the park. Chair King: Thank you. Mr. Jenkins: Thank you very much. Chair King: Thank you. Is there anyone else here for public comment? Brenda Betancourt: Good morning. Just a question for the SR.3, if anybody can just explain a little bit more of the Code Enforcement changes that is going to happen -- Chair King: That would be later. Do you have any other comments? Ms. Betancourt: Oh, my name is Brenda Betancourt, 1436 Northwest 6th Street. Just a question about the SR.3 that I'm kind of concerned about it. To know exactly what is the changes that are being proposing, hopefully -- Chair King: That will be discussed when we take that item up. Ms. Betancourt: Thanks. Chair King: Thank you. Is there anyone else here for public comment? Gaston Smith: Good morning, Madam Chairwoman and to Mr. Reyes, Mr. Carollo, and Mr. Russell, and of course to our City Manager and the Mayor in his absence. I am Reverend Gaston Smith, Pastor of the Friendship Baptist Church, as many of you know. And I wanted to just speak a minute on the SR.7 piece this morning. I'm standing with the President of the African -American Council of Christian Clergy and we have other members that are present with us today. Stand if you're in the audience that are present with us today. I'm also a member of the Board of Trustees for the Historic Virginia Key Beach Park Trust. But I'm standing today as a concerned citizen because of the hundreds of people that we pastor in the community near Morningside. That loop and the pool and the basketball court, it's often occupied by many of our families. It's a gathering place for our families, reunions are done there. Just pre-COVID, I officiated over a baby shower there and many other things that take place in that area. I understand there was a concern, an environmental concern, about the pool and having to relocate the pool, butl understand that that's been taken care of. I don't see at this point where there's a need to move the pool. I don't see where there's a need to interrupt that inner loop area. Because development is good until it involves displacement. And particularly displacement of families that have gathered there down through the years. And so, I am not in total opposition, but I think there needs to be some reconsideration of what we do with that City of Miami Page 25 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 inner loop area, what we do with that pool area, so that we can keep a safe place for our families to gather -- Chair King: Thank you. Mr. Smith: -- as they do on Sundays and throughout the week, throughout the year. Thank you so much for your time today. Chair King: Thank you, Pastor Smith. Good morning. Francys Liscano: Good day, how are you? My name is Francys Liscano. 1 am a Florida Atlantic University graduate, architect and urban designer, and I'm here today to volunteer to be part of the members for the Virginia Beach Park Trust. And as an urban designer 1 would like to come in and be able to support our city and the community, creating a program or a concept for the development of this property that is sustainable, that is concerning -- that is applying preservation, and definitely keeping the interest of the parks and the people for us to be able to continue to enjoy, and preserving the land, growing the natural -- the natural flora and fauna here, especially during the shore since we're having so many issues with sea level rise and, you know, recently and sea. So, I would like to really be part of this project and also support the city and the park. So, thank you so much. Chair King: Thank you. Is there anyone else here for public comment? Good morning. Mark Billings: Hi Commissioners, my name is Mark Billings, I'm a resident of Morningside Park, I've been involved in the park process since the beginning. In fact, I was the MCA lead ten years ago when we did the initial presentation. Ms. King, we haven't met before. I've heard about the positions, I'm sorry I haven't been involved, I'm in the middle of building a company here in Miami. This is a very difficult process because the information is extraordinarily distorted. This is the opposite of an issue of communities divided. The only person dividing our communities is Mr. Cruz. He takes everything out of context. He misleads people in ways that are unbelievably. divisive. The loop road is a remnant from a day in which in the 1950's, let me make this clear, in the 1950's we had drive-in movie theaters. We had drive-in burger joints. And so, it was very natural for the architect to design a drive-in park which is what it was created. It's a drive-in park. The loop road is designed to bring cars into the center of a park. Miami is below two percent on the National Scale for Green Space. This is not a racial issue, it's a green space issue. The park is the largest in the City of Miami at 40 acres, 25 percent of that, 10 acres, 10 acres is lost to a driveway. You are doing your constituents a disservice by not offering green space. That Mr. Cruz does not have his own pool at his house -- Chair King: Thank you. Mr. Billings: -- does not -- Chair King: Thank you. Mr. Billings: Thank you very much. Chair King: Good morning. Jihad Rashid: Good morning Commissioners. My name is Jihad Rashid, 2983 Washington Street, Coconut Grove, and I was asked and happily complied to support the issue by a lot of long term residents in the Morningside area about maintaining the loop in the park. I'm just a firm believer that the longtime residents, and even the new residents, that we want to have more accommodations for everyone. And I think the issues about the sea level rise has been addressed and that what Reverend Gaston and others have said, I'm simply in City of Miami Page 26 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 support of that and hope that you will consider and hear the voices of the longtime residents and the majority of the residents in this area and keep it the same. Thank you so much. Chair King: Thank you. Are there any other persons who would like to speak today for public comments? Seeing none, public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Todd B. Hannon (City Clerk): And there are no mayoral vetoes. END OF MAYORAL VETO(ES) City of Miami Page 27 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.1 11349 Department of Resilience and Public Works CA.2 11376 Department of Resilience and Public Works CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Ken Russell, Commissioner Manolo Reyes, Commissioner King, Carollo, Russell, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") FOR BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 90/SOUTHWEST 8TH STREET FROM SOUTH MIAMI AVENUE TO BRICKELL PLAZA. ENACTMENT NUMBER: R-22-0086 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." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 972/CORAL WAY FROM SOUTH OF INTERSTATE 95 (1-95) TO EAST OF SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, FOR THE RECONSTRUCTION OF THE EXISTING INTERSECTION TO PROVIDE A ROUNDABOUT, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-22-0087 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 28 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.3 RESOLUTION 11475 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM BRICKELL CITY CENTRE PROJECT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER LAND TRUST NO. BCC-2012, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON THE TWENTY- FIVE FEET (25') CORNER RADIUS INTERSECTION(S) OF SOUTHEAST 1ST AVENUE AND SOUTHEAST 5TH STREET, AND SOUTHEAST 1ST AVENUE AND SOUTHEAST 6TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-22-0088 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 11569 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FIVE (5) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR RIGHT- OF-WAY 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-22-0089 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." City of Miami Page 29 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.5 RESOLUTION 11372 Department of Real Estate and Asset Management CA.6 11404 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A JOINDER AND CONSENT TO THE AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT AND NAUTILUS ENTERPRISES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES LOCATED ON A CITY -OWNED PROPERTY AT 1000 MACARTHUR CAUSEWAY, WATSON ISLAND, NECESSARY FOR THE CONSTRUCTION OF THE DEVELOPMENT CONTEMPLATED BY THE AMENDED AND RESTATED AIR TERMINAL FACILITY SUBLEASE AGREEMENT DATED JULY 29, 2014. ENACTMENT NUMBER: R-22-0090 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5 please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2021 BJA 21 CONNECT AND PROTECT: LAW ENFORCEMENT BEHAVIORAL HEALTH RESPONSES" CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $498,180.91 WITH AN IN -KIND MATCH FROM THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF $282,331.09 TO PROVIDE FUNDING TO IMPLEMENT THE HIGH UTILIZER INTERVENTIONS PROGRAM FOR CRISIS RESPONSE MEASURES DURING ENCOUNTERS WITH INDIVIDUALS SUFFERING FROM MENTAL ILLNESS OR SUBSTANCE ABUSE IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT THE GRANT AWARD; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR HIS DESIGNEE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-22-0091 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." City of Miami Page 30 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.7 RESOLUTION 11397 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-SIX THOUSAND DOLLARS ($156,600.00) ("GRANT FUNDS") FOR THE DESIGN AND PERMITTING OF A SHORELINE STABILIZATION AND KAYAK LAUNCH AT PEACOCK PARK— PHASE 1; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS ($307,980.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B233501 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0092 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 31 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.8 RESOLUTION 11399 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT VESSELS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B223210 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0093 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 32 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.9 RESOLUTION 11400 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) ("GRANT FUNDS") FOR THE PURCHASE OF A MARINE PATROL VESSEL FOR THE CITY OF MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY-NINE THOUSAND ONE HUNDRED FIFTY-FOUR DOLLARS ($289,154.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B233200 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0094 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 33 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.10 RESOLUTION 11401 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-SIX THOUSAND FIFTY-EIGHT DOLLARS ($376,058.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF THE SHORELINE STABILIZATION, KAYAK LAUNCH AND RIVERWALK AT LITTLE RIVER MINI PARK — PHASE 2; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-NINE THOUSAND THREE HUNDRED FORTY DOLLARS ($479,340.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B193501 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0095 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 34 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.11 RESOLUTION 11402 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND TWO HUNDRED DOLLARS ($43,200.00) ("GRANT FUNDS") FOR THE DESIGN AND PERMITTING OF A SHORELINE STABILIZATION, AND BOAT SLIP AT 20 NW NORTH RIVER DRIVE — PHASE 1 PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTY-FIVE THOUSAND FIFTY DOLLARS ($85,050.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40- B223400 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0096 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 35 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.12 RESOLUTION 11433 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "2022 MIAMI HOMELESS ASSISTANCE PROGRAM CHALLENGE GRANT" AND ACCEPTING AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND TWO HUNDRED SEVENTY-SEVEN DOLLARS ($90,277.00) ("GRANT AWARD") CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES ("DCF") THROUGH THE MIAMI- DADE COUNTY HOMELESS TRUST ("TRUST") FOR A TWELVE- MONTH PERIOD TO ENHANCE THE HOMELESS HELPLINE AND OUTREACH SERVICES PROVIDED TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY ("PURPOSE"); AUTHORIZING THE CITY OF MIAMI'S ("CITY") REQUIRED MATCH OF IN -KIND SERVICES IN AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND FIVE HUNDRED SIXTY- NINE DOLLARS AND TWENTY FIVE CENTS ($22,569.25), FOR A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWELVE THOUSAND EIGHT HUNDRED FORTY-SIX DOLLARS AND TWENTY FIVE CENTS ($112,846.25) FOR THE PURPOSE STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE CITY'S RECEIPT OF THE PASS -THROUGH FUNDS, THE TRUST'S FUTURE ALLOCATIONS TO CONTINUE STREET OUTREACH WITH THE GRANT, AND THE CITY'S AVAILABILITY AND APPROPRIATION OF MATCHING FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-22-0097 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.12, please see "Public Comments for all Item(s)" and "End of Consent Agenda." City of Miami Page 36 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 CA.13 RESOLUTION 11586 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PROVIDING ADDITIONAL AUTHORIZATIONS FOR THE AMENDMENT AUTHORIZED BY RESOLUTION NO. R- 21-0262 ADOPTED ON JUNE 24, 2021, REGARDING THE IMPROVEMENTS, REPAIRS, AND MAINTENANCE PROJECT AT THE FOOTBALL FIELD AND ATHLETIC TRACK IN THE CITY OF MIAMI'S ("CITY") MOORE PARK LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, FLORIDA, MADE BY THE ORANGE BOWL COMMITTEE, INC. ("OBC") AND THE SOUTH FLORIDA CFPNCG HOST COMMITTEE, LLC ("HOST COMMITTEE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT INCLUDES AN INITIAL MATCHING CONTRIBUTION FROM THE CITY OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO BE MADE ON A FIFTY/FIFTY PERCENT (50/50%) BASIS WITH THE OBC'S INITIAL CONTRIBUTION OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00), COMMEMORATIVE DONOR SIGNAGE AND PLAQUES, AND NO REQUIREMENT OF GENERAL CONTRACTOR BONDING FOR WORK UNDER ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE HOST COMMITTEE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTENT WITH THE AUTHORIZATIONS CONTAINED HEREIN AND RESOLUTION NO. R-21-0262; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE THE CITY'S MATCH TO OBC AND GRANT TO THE HOST COMMITTEE IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) SUBJECT TO ALL APPROPRIATE BUDGETARY APPROVALS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0098 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.13, please see "End of Consent Agenda." END OF CONSENT AGENDA Commissioner Russell: Madam Chair? Chair King: Commissioner Russell? Commissioner Russell: I'd be happy to move the CA (Consent Agenda), PH (Public Hearing), and RE (Resolution) agendas if it's the will of the Board. Chair King: Let's do them in categories. Do I have a second to move all of the CA items? All in favor? Victoria Mendez (City Attorney): Chair? Madam Chair? I believe that CA.13 was supposed to be modified. Does anyone have anything with the Moore Park item that needs to be modified? No? Okay. No modification then. City of Miami Page 37 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Okay, so Commissioner Reyes: 1 move the PH -- Chair King: Wait, wait. We haven't voted on the CAs as yet. So, I have a motion and a second for the CA items, CA.1, CA.2, CA.3, CA.4, CA.5, 6, 7, 8, 9, 10, 11, 12, and 13. All in favor? The Commission (Collectively): Aye. Chair King: CA items pass, unanimously. Welcome, Commissioner. Commissioner Diaz de la Portilla: I've been watching on TV. Chair King: I know you have. City of Miami Page 38 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 11546 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM 1 ROUND 1 REALLOCATION FUNDS IN AN AMOUNT OF $409,925.36 FROM THE UNITED STATES DEPARTMENT OF THE TREASURY AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE FINANCIAL ASSISTANCE AND HOUSING STABILITY TO ELIGIBLE HOUSEHOLDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, 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-22-0099 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Commissioner Reyes: I will move -- Chair King: Is there a will of the body to pass the PH (Public Hearing) items? Commissioner Russell: So moved, PH.1 and 3. Todd B. Hannon (City Clerk): Chair. Commissioner Reyes: 1 and 3, right? Chair King: Yes. Commissioner Reyes: 1 and 3. Chair King: I've got a motion. And a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Items pass. Commissioner Reyes: Okay. City of Miami Page 39 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PH.2 RESOLUTION 11509 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PH.2 was deferred to the April 28, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day" and Item Number PH.1. City of Miami Page 40 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PH.3 RESOLUTION 11486 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AFTER A PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EXPEDITIOUSLY REQUEST THAT THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ("DTPW") CONSIDER PROPOSED TRAFFIC FLOW MODIFICATIONS REGARDING THE OFFICE OF CITY OF MIAMI'S CAPITAL IMPROVEMENTS PROJECT NO. 40-B203608, WAIVE THE REQUIRED RESIDENT/PROPERTY OWNER CONCURRENCE, AND EXEMPT THE BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED WITH THE DESIGN, CONSTRUCTION, AND INSTALLATION OF A SPEED TABLE ON SOUTHWEST 10 STREET BETWEEN SOUTHWEST 17 AVENUE AND SOUTHWEST 18 AVENUE IN DISTRICT 4; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE DTPW DIRECTOR. ENACTMENT NUMBER: R-22-0100 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 41 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 11558 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI SANITATION EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871 FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-22-0101 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number RE.1, please see "Public Comments for all Item(s). " Chair King: Okay, we are now at the RE (Resolution) items. Is the will of the body to pass the RE items, RE.1 through 11? Commissioner Russell: So moved. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: Can -- has any of them been pulled? Chair King: We did that already. Do you want to pull an item? Commissioner Diaz de la Portilla: RE. 7 Chair King: You want to pull RE.7? Commissioner Reyes: Okay. Chair King: Any other item -- any other RE items to be pulled? Commissioner Diaz de la Portilla: No, ma'am. Todd B. Hannon (City Clerk): And, Chair, just for the record, REP is to be amended. Victoria Mendez (City Attorney): A substitution was sent out. Chair King: Okay. Okay, so do I have a motion to pass -- Commissioner Diaz de la Portilla: So moved. Chair King: -- the RE items with the exception of RE. 7? City of Miami Page 42 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: So moved. Chair King: Second? Commissioner Reyes: Second. Chair King: All in favor? Commissioner Russell: Just a moment. Question, Madam Chair. I was talking with the City Attorney when Mr. Simmons was coming up the second time about the collective bargaining for Local 871. If Mr. Simmons is here? Or maybe those of you who heard his request -- Chair King: He's here. Commissioner Russell: Was it seeking a similar amendment to what 1907 is asking for or were you in support of their amendment? Joe Simmons: In favor. It's a change to the ordinance itself Commissioner Russell: On their item. Mr. Simmons: Yes, which basically we are part of the same retirement -- Commissioner Russell: So, nothing is to change to your item. Mr. Simmons: No, no, it's part of the same retirement system, so it's a change for all members of the plan. Commissioner Russell: Thank you. Mr. Simmons: Thank you. Commissioner Diaz de la Portilla: Can -- can -- I'm sorry, Madam Chair. Chair King: Yes? Commissioner Diaz de la Portilla: Sir, can you clam? Can you be more expansive with your comments? Ms. Mendez: Commissioner, this -- it's not for this item. What you're voting on right now, on RE.1 and 2, those are just their collective bargaining. What he wants is to support the SR (Second Reading) amendment in the pension plans. Commissioner Diaz de la Portilla: But I ju,st heard the question to mean they were amending this item. Ms. Mendez: No. Commissioner Diaz de la Portilla: Okay, I understand. Chair King: Okay. Commissioner Diaz de la Portilla: Okay, sir, thank you. Chair King: Okay, so we are going to vote on RE.1 through 6 and RE.8 through 11. All in favor? City of Miami Page 43 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 The Commission (Collectively): Aye. Chair King: Motion carries. RE.2 RESOLUTION 11575 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-22-0102 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 44 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE.3 11375 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ACCESSING OF THE BERNALILLO COUNTY, NEW MEXICO CONTRACT NO. RFP-18-20-EM FOR CUSTOMER PORTAL AND MERCHANT SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF FINANCE ("FINANCE"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH POINT AND PAY, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("POINT AND PAY"), WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF FOUR (4) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AND IS EFFECTIVE THROUGH SEPTEMBER 15, 2024, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY BERNALILLO COUNTY; ALLOCATING FUNDS FROM FINANCE PROJECT NO. 40-B223103 AND AWARD NO. 1426, AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN 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-22-0103 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. City of Miami Page 45 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE.4 RESOLUTION 11434 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $1,180,000.00, FOR CAPITAL FUNDING FOR ADDITIONAL TRANSIT VEHICLES. ENACTMENT NUMBER: R-22-0104 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.l. RE.5 RESOLUTION 11398 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED FIVE HUNDRED THIRTY-NINE THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($539,760.00) ("GRANT FUNDS") FOR THE DESIGN AND PERMITTING OF A SHORELINE STABILIZATION, BAYWALK, AND KAYAK LAUNCH AT MARGARET PACE PARK— PHASE 1; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION SEVENTY-NINE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($1,079,520.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B233500 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0105 City of Miami Page 46 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day" and Item Number RE.1. RE.6 RESOLUTION 11403 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED FORTY-THREE THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($2,843,365.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF A SEAWALL, RIVERWALK, WATER TAXI DOCKAGE, AND KAYAK LAUNCH AT JOSE MARTI PARK — PHASE 2; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED FORTY-THREE THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($2,843,365.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B193500 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0106 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day" and Item Number RE.1. City of Miami Page 47 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE.7 RESOLUTION 11198 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CONCEPTUAL DESIGN PARK MASTER PLAN TO IMPROVE MORNINGSIDE PARK PRESENTED BY THE ADMINISTRATION, ATTACHED AND INCORPORATED AS EXHIBIT "A"; RESCINDING ANY AND ALL PRIOR CONFLICTING RESOLUTIONS. ENACTMENT NUMBER: R-22-0116 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number RE.7, please see "Public Comments for all Item(s). " Commissioner Russell: I'll move RE.7. Chair King: I'll second RE.7. Discussion? Commissioner Diaz de la Portilla: Madam Chair, you had expressed some concerns about RE. 7 and the placing of the pool, and 1 watched all the public comment, again, this morning, as it was taking place. Are those concerns no longer an issue for you? Chair King: No, I believe the concerns remain, however, I am in favor ofpassing the resolution so that the improvements can begin. That the -- we fund the improvements for the park. I understand that staff has come up with some additional information. If we can have the Parks Director come forward? Barbara Hernandez (Director, Parks and Recreation): Good morning, Chairwoman, Commissioners, and everybody on the dais and the audience behind me. Barbie Hernandez, Parks and Recreation Director. Thank you for allowing me to speak. Parks continues to make the same recommendations from an operation and capital perspective. However, we are open to the new considerations in line with resiliency and consistent with the federal and local flooding regulations. The draft proposed -- the proposed change from FEMA (Federal Emergency Management Agency) is still proposed, it's still a draft and it still has a process to go through. It may still be several months before there's' a final approval. I don't like making decisions on what ifs, so I -- we're going to be open minded in regards to the conceptual plan as we continue to get information. Commissioner Diaz de la Portilla: As you await FEMA's ruling, I guess for lack of a better word, as you await FEMA's ruling, so conceptually you're in support of the plan you presented before us last Commission meeting? Ms. Hernandez: Yes, sir. Commissioner Diaz de la Portilla: Including the pool location, the elimination of the loop, and everything else? Ms. Hernandez: Understanding that there's new information coming in. City of Miami Page 48 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Well, what's that new information that you expect is going to be coming in? Ms. Hernandez: There's a proposed draft from FEMA, but it's still proposed and it's still a draft. Commissioner Diaz de la Portilla: Well butt want to know what it is. Ms. Hernandez: They're looking at the flood zones for the entire park to be AE coastal is what I understanded. But there's still conversations about that. And actually, thank you, Angel, for joining me as he is the expert and has been speaking with the County. Angel Carrasquillo: Good morning, Commissioners. Commissioner Diaz de la Portilla: Good morning. Mr. Carrasquillo: FEMA had an appeal deadline last Wednesday for municipalities, scientists, developers to give them appeals on the ruling, the proposed ruling that they had shown (UNINTELLIGIBLE) early. They're going to take no less than six months to take all that data, this is the whole nation, from the VE to the new AE proposal, review all this data, then come back with a decision. From the time they make that decision they said between nine months, at the earliest, to come out and say this is what we're doing and when. Before that happens, they're going to announce by this date get ready, these are the new rules. So, there are chances that modeling, science, adjust the VE zone to the AE zone. So, we're still there watching to see when and what they're going to do. Our Building Department, County, FEMA, Federal, continuously speak with them on a weekly basis to see movement on those resolutions. Chair King: So, what I believe Commissioner DLP (Diaz de la Portilla) is asking is as we're passing this resolution, does it affirmatively say that the pool must move or is that contingent? Ms. Hernandez: The proposed plan has a pool next to the community center. As we continue -- because it's conceptual, and we can amend if you want the approval to state that based on resiliency and based on the information we gather the pool can change. But what it does -- what it does do is it rescinds the previous resolution to allow us to place the pool in a more resilient location, whether it is by the shoreline or whether by the community center. But that's the biggest -- Chair King: Madam City Attorney, could you weigh in on that? Does this plan allow for the pool to remain where it is and/or move -- that no hard and fast decision has been made with the passing of this resolution? Victoria Mendez (City Attorney): My understanding that the resolution as drafted does not give that flexibility. You would have to draft it in that way to give her two alternate pool sites. Chair King: Well, they keep saying that this plan is conceptual. I thought we had this discussion while we had our agenda briefing that it will not require the pool to move, but it could move, and if that's not what this resolution says, then can we amend it to have that language? Ms. Mendez: Absolutely, you can amend that there will be alternate pool locations and that they could go forward with those two alternate pool locations. It's not drafted that way now, unfortunately. City of Miami Page 49 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: And Madam Chair can we add the loop into that conversation too? Into the conversation? Chair King: We -- Commissioner Russell: If I could address that, Madam Chair? I think it's a misunderstanding. Commissioner Diaz de la Portilla: Well, I have a question. Commissioner Russell: The loop's there. Chair King: Well, okay. Commissioner Diaz de la Portilla: Madam Chair, can we have a conversation about the loop and the wav it should look also? What I don 't want to do is set something in stone right now. I want to move forward with the funding. I agree with that. Butt don 't want to say, hey, you know, tie our hands and not have a further conversation about some of the other design elements of the park. That's what I want to do. That's what my intention. Chair King: Okay. Commissioner Diaz de la Portilla: How I get there, Madam City Attorney, tell me how to get there, I'll do the amendment so that we have -- we keep our flexibility and not tie our hands. Ms. Mendez: That -- I understand. Commissioner Reyes: Madam Chair? Ms. Mendez: That's what the resolution can be that you would want the alternate locations for the pool and move forward with that. Chair King: Commissioner Russell? Commissioner Russell: Thank you very much. Director, does the loop road exist in the plan that you're proposing? Ms. Hernandez: Yes. Commissioner Russell: It's an altered loop road, but it's there? Ms. Hernandez: Yes. Commissioner Russell: This was a concession we made for neighbors that really wanted to see the loop road because I remember there was a version that eliminated it altogether. Ms. Hernandez: Correct. Commissioner Russell: So, this is something we are giving back to snake sure people can drive in and have access to the waterfront and access to the picnic tables and that's a good thing. The pool -- Commissioner Diaz de la Portilla: Follow up to that. Follow up to that. City of Miami Page 50 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Russell: If l could just finish, please? The pool. The current pool is how many feet from the waterfront? Ms. Hernandez: I have those numbers. You did ask -- Mr. Carrasquillo: It's about 135. Commissioner Russell: 135? Mr. Carrasquillo: Yeah. Commissioner Russell: And it does have a screen of mangroves in front of it currently. The new pool location, how many feet would it be from the waterfront? Mr. Carrasquillo: About 380. Commissioner Russell: So about double, double the distance? Mr. Carrasquillo: Yeah. Commissioner Russell: But 300 feet. Still -- and is it -- are its views of the water obstructed by mangroves? Mr. Carrasquillo: No. Commissioner Russell: No. So, I would argue that this new location in addition to the Director's recommendation of having it together with the other facilities for management purposes has a better view of the water and is not that much further away. Are there difficulties with keeping the pool in the current location based on what's underground and the foundations that are there? Mr. Carrasquillo: Yeah, it's structurally deteriorated to the level that you're going to have to demolish it. Commissioner Russell: And the last question, regardless of whether or not FEMA does end up moving the plain, if we put the pool -- if we leave the pool in its same place versus keeping it -- I'm sorry -- versus moving it to the new location does it alter what the height will be? Mr. Carrasquillo: You mean the -- Commissioner Russell: The height of the deck of the pool -- Mr. Carrasquillo: The one closer to the -- the one closer to the community center? Commissioner Russell: Yes. Mr. Carrasquillo: Yeah, it has to be elevated. Commissioner Russell: Which one? Mr. Carrasquillo: The one proposed to the community center that will have -- Commissioner Russell: Well, both of them have to be elevated? Mr. Carrasquillo: To the same elevation because -- City of Miami Page 51 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Russell: So, they'd be identical in height, so that no longer becomes an issue. So, it's -- if that change happens, that's not a guaranteed change. Fin open to the flexibility, but 1'd like these decisions to be -- Mr. Carrasquillo: There's an issue with -- Commissioner Russell: -- within the Administration. Mr. Carrasquillo: There's an issue with wave impact. You have to do a wave impact analysis. Commissioner Russell: Which you would not have to do for the moving it? Mr. Carrasquillo: Right. So, with the new reqs there's a wave impact that you have to do to see how much damage it does to the structures. Commissioner Russell: Yeah. Here's my suggestion to the Board, because some things are popularity issues that we really weigh in and some things are policy issues that we make a decision based on cost and, you know what's advocated by our Administration and experts. But we keep kicking the can by not making a decision. I think we should force ourselves to make the hard decision, whatever that decision may be so that they can move forward. Approving the funding is one thing. They need to move forward and if we wait another year on studies, which won't change, we can do right now, the relocation of the pool without waiting for studies. If we wait for studies, it doesn't change anything about the height of the pool; it will have to be exactly the same. 1 can understand why people have a nostalgia for keeping it in the same place. There's not really a reason to keep it in the same place. There are reasons if we want to move forward to move it just a couple hundred feet back, have a better view to the water and have it closer to the other administrative management and follow the recommendations of our Administration and a majority of the community. I'm in favor of the item as it is. If we want to leave some flexibility, we need to also include what steps trigger those decisions. Otherwise, we're just kicking the can again for another year and you guys will be back here again with the same groups advocating and it will be a popularity contest of who showed up more on that day to move our decision. I really think we just need to make the decision and I'm okay with either decision. I have my preference, but it's not about my preference. It's about me listening to my Administration, listening to the community, listening to science and just moving forward. But 1 want the will of this body to make a decision so we can move forward and get the park and the pool going. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes? Commissioner Reyes: The concern that -- and the argument that we have and also, we have there's a new (UNINTELLIGIBLE) which is the change in the shoreline. I mean, if it is going to be flooded, not going to be flooded, that the Federal government is going to -- and I understand what Commissioner Diaz de la Portilla is saying and what you want to provide is flexibility. Chair King: Right. Commissioner Reyes: That I would pass it as it is, but if -- I mean, more information comes, that we give the flexibility to the designers I mean to go back and analyze the visibility, which is more visible. Keep it in the same place or move it. Do I understand what your intentions are, sir? City of Miami Page 52 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Yes, sir. Yes, sir. Commissioner Reyes: Do you agree on proposing an amendment that given that flexibility we -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- we will -- we will adopt it with an amendment -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- that it will be -- has the flexibility for those designs to be revisited? Commissioner Diaz de la Portilla: Yes, sir, that's exactly what I want. Commissioner Reyes: Okay. Well, I move for that amendment. Chair King: All in favor? Todd B. Hannon: No, no, no. Chair? Commissioner Diaz de la Portilla: Aye. Chair King: I am. Commissioner Diaz de la Portilla: Yes. Commissioner Russell: That's -- the mover would be the one to accept the amendment or not, correct? Chair King: Todd? Mr. Hannon: Yes. So as moved by -- Chair King: Mover has to accept amendment. Commissioner Reyes: Oh, oh, okay, okay. You are the one that has to accept it or not? Commissioner Russell: Yes. So, my question is can you word it in a way that there is finality on that decision making process? Because my worry is with that up in the air they're going to have to sit on their hands from here until who knows when and just nothing's going to happen. So, I'm open to flexibility based on new information, but I don't want them to stop working based on the information they have right now. Are you suggesting that we table the entire decision on the park until FEMA makes a final decision on the flood naps or -- Chair King: No, no. Commissioner Russell: Okay. So, what is the decision. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Russell: Okay. So what is the amendment suggesting? City of Miami Page 53 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: You can start --1 mean, you don 't have to start by the pool. You can start what everybody agrees on and leave the most controversial part you see for final decision? Commissioner Russell: Is that possible or is the pool a lynch pin of the entire design? Mr. Carrasquillo: I will go as far as the demolition. Once you start working with the Feds on the elevation of that seawall and the new criteria, you probably are going to have a higher seawall, a lower pool, a higher pool, a lower seawall. Commissioner Russell: It changes everything. Mr. Carrasquillo: It's just all connected. Commissioner Russell: That's why I'm recommending based on the knowledge we have now and the maps we have now we have a plan that works now versus waiting on a questionable future without solid direction. Everything in that park has to change on elevations and the way the flood waters flow. I just want to let them do their work and if the vote is to leave the pool where it is I'd say, okay, I -- it's not my preference, it's different, but we vote that now and just do it. Vice Chair Carollo: Commissioner Reyes? Commissioner Reyes: Yes. Vice Chair Carollo: Can you pull your second so that we can proceed in this? And not -- Commissioner Russell: I just need to understand the amendment. I'm happy to accept it, butt understand the amendment. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Carollo: Okay. Can you pull the second -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: Was I -- did I second the -- I second -- Commissioner Diaz de la Portilla: Well, you pull that and I'll make a motion. Commissioner Reyes: I'm going to pull it out. I'm going to pull it out and we're going to have a motion. Commissioner Diaz de la Portilla: Perfect. And I'll make a motion to -- Vice Chair Carollo: Go ahead and make a motion. Commissioner Diaz de la Portilla: I'll make a motion to -- if you allow me, I'll make motion as amended and I think Commissioner Carollo wants to second it. Vice Chair Carollo: Yes, sir. Commissioner Diaz de la Portilla: And we take it from there. Vice Chair Carollo: I'll second that and then -- can we have a vote, Madam Chair? City of Miami Page 54 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Yes, sir. Chair King: All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: Can I indulge -- Ms. Mendez: The amended -- I'm sorry -- the amended motion is for the two conceptual plans and to move forward for now in that way? Vice Chair Carollo: Yes. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: No, no. Vice Chair Carollo: No, no. Ms. Mendez: That's what I'm claming. Commissioner Diaz de la Portilla: There was a flexibility -- to allow the flexibility to put the pool in a different location and to reexamine the loop conversation. Have that -- have further conversations on what the final design's going to be instead of putting it in -- set in stone right now that the pool will be where Commissioner Russell wants it to be or recommends that it be. Commissioner Russell: It's not me. It's where the Administration's recommended -- Commissioner Diaz de la Portilla: I understand. It's not personal. Commissioner Russell: It seems to be. Commissioner Diaz de la Portilla: I think you look at it that way, but you're not correct. So that's the motion, and I think Commissioner Carollo seconded it and I think we voted on it. Vice Chair Carollo: Yes, we did. Commissioner Diaz de la Portilla: Okay. Commissioner Russell: Madam Chair? Commissioner Diaz de la Portilla: Thank you, Madam Chair. Chair King: I'm sorry, what did you say? Commissioner Russell: Thank you. I'd like to be noted as a no. I would like to understand what the next steps are because everyone came here out of their day, and we're left without finality of a project plan moving forward. What -- based on the resolution that just passed - which is fine, flexibility is fine -- what can you do now moving forward and when would you need to come back to us, because I assume that's what the board is looking for, to come back to us for the next decision -- Commissioner Reyes: That's right. Commissioner Russell: -- on pool location or whatever. City of Miami Page 55 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: But -- Commissioner Russell: What can you do between now and then and when would you come back to us? Arthur Noriega (City Manager): Can I -- can I interject? Ms. Hernandez: Of course, Mr. Manager. Mr. Noriega: Take the pressure point off of these two for a brief minute. So, my suggestion, and sort of it may be somewhat of a compromise, but what I would recommend is there are a lot of other elements to this park other than the pool, okay? So we can begin design of the elements based on the conceptual plan, await the FEMA final set of flood zone guidelines, right, wait for that to actually determine, you know, do a reevaluation of whether it makes sense to keep the pool in the current location, same analysis we did now based on the current flood zone and then we can certainly come back to the Commission relative to the actual location of the pool, with data, with evidence that, hey, here's the new Federal guidelines, right, and here's what it means to keep the pool in its existing location versus relocating it towards the current conceptual plan. That way we at least have a timeline in place based on the FEMA response, but then we can begin to design the other elements of the pool and -- I mean, the other elements of the park and advance those concurrently. Commissioner Russell: So, you can move forward with that? Ms. Hernandez: As I understand it, yes. We could start working on demolishing the current pool, working on the shoreline as phase one, start fimding that part of it and as we continue to do that, the process of FEMA will going through and then we'll get information and bring it back as we see it, but it gives us flexibility. Commissioner Russell: Madam Chair? Commissioner Reyes: Question, question. Commissioner Russell: Madam Chair? Chair King: Yes. Commissioner Russell: I'd like to change my vote and be noted as a yes, then. Thank you. Chair King: Okay. City of Miami Page 56 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE.8 RESOLUTION 11555 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, IN ACCORDANCE WITH ARTICLE 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE ADOPTION OF THE AMENDED APPLICABLE SECTIONS OF THE MIAMI-DADE COUNTY PUBLIC ART MASTER PLAN AS THE CITY OF MIAMI'S PUBLIC ART MASTER PLAN AND PUBLIC ART PROGRAM GUIDELINES; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0107 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day" and Item Number RE.1. RE.9 RESOLUTION 11564 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE SPECIAL ELECTION SCHEDULED FOR AUGUST 23, 2022 PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ("AMENDMENT") TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND RIVERSIDE WHARF, LLC ("TENANT") FOR THE LEASE AND DEVELOPMENT OF CITY -OWNED RIVERFRONT PROPERTY LOCATED AT 236 AND 298 SW SOUTH RIVER DRIVE ("PROPERTY"), AMENDING CERTAIN TERMS OF THE LEASE, INCLUDING BUT NOT LIMITED TO, AN EXTENSION OF THE EXISTING LEASE TERM FOR AN AMOUNT OF TIME NOT TO EXCEED AN ADDITIONAL FIFTY (50) YEARS AND AUTHORIZATION TO PERMIT THE TENANT TO CONSTRUCT A HOTEL ON THE PROPERTY, AT THE TENANT'S SOLE EXPENSE, SUBJECT TO ALL APPLICABLE REGULATORY APPROVALS; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. ENACTMENT NUMBER: R-22-0108 City of Miami Page 57 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 RE.10 11591 Commissioners and Mayor RE.11 11598 Commissioners and Mayor MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-SIX DOLLARS AND SIXTEEN CENTS ($398,736.16) FOR THE DISTRICT 3 MEALS PROGRAM, TO THE DISTRICT 3 ARTS AND ENTERTAINMENT AND DISCRETIONARY ACCOUNTS FOR EXPENDITURES CONSISTENT WITH THE API PROGRAM. ENACTMENT NUMBER: R-22-0109 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST 2ND STREET FROM SOUTHWEST 27TH AVENUE TO SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA AS "EDDY CALDERON STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-22-0110 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.11, please see "Public Comments for all Item(s)" and Item Number RE.1. City of Miami Page 58 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 END OF RESOLUTIONS City of Miami Page 59 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 10838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-249, 40-254, AND 40-255, TITLED "MEMBERSHIP; MEMBERS ABSENT FROM SERVICE," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND AMEND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE;" MORE PARTICULARLY BY AMENDING SECTION 40-351 OF THE CITY CODE, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN EXECUTIVE OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number SR.1, please see "Public Comments for allItem(s)." Chair King: At this time, we are going to take up our Second Reading items. Ms. City Attorney, would you please read the items into the record? Vice Chair Carollo: If I may ask, Commissioner, SR.3, if we could leave it for the end of the day? Chair King: Sure. We'll pull FR.3. Vice Chair Carollo: SR.3 until the end of the day. Chair King: Okay. City of Miami Page 60 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: You proposed an amendment? Vice Chair Carollo: Yes, I want to be able -- make sure that the City Attorney can include that. Commissioner Reyes: Okay. Chair King: So, can you read the items for the record? Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3 an ordinance of the Miami City Commission amending -- Commissioner Russell: He wants to wait on that one. Ms. Mendez: 1 know. I'm just reading the title. Chair King: She 's just reading it into the record. Commissioner Reyes: No, no, no. Oh. Chair King: She's just reading it into the record. Commissioner Reyes: Okay, okay, okay, okay, okay. Ms. Mendez: All right. Can I read it into the record? Vice Chair Carollo: Well -- Ms. Mendez: No? Vice Chair Carollo: -- if you want. I don't know what changes we might make at the end. Chair King: Right. Ms. Mendez: Okay. Chair King: But it's just as it is reading it into the record. Would -- she won't have to do it -- Ms. Mendez: The changes that you're requesting are not substantial, so I could just read it, or I can -- I'll pass. I see you're concerned, Commissioner. I'll pass. Chair King: Okay. So, do I have a motion to pass SR.1 and 2? Commissioner Diaz de la Portilla: So moved. Commissioner Russell: SR.1. City of Miami Page 61 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Madam Chair? Chair King: Yes? Commissioner Reyes: Yes. I -- I'm going to support this because I have a letter that SR.1 does not have any fiscal impact and that's very important to see. Commissioner Russell: The amendment. Commissioner Reyes: No, no, no, no, no. I'm talking about SR.1. Commissioner Russell: Yeah. Commissioner Reyes: Doesn't -- the amendment, the amendment on -- Commissioner Russell: Yeah, I'm about to propose -- we haven't proposed it yet. Chair King: Okay. Commissioner Reyes: There is no fiscal impact and -- Chair King: Okay. So -- Commissioner Reyes: -- so I'm voting in favor. [Later...] Chair King: All right. Commissioner Russell: Can we separate them, SR.1 and 2? Chair King: Yes, I'm going to do that. So do I have a motion -- Commissioner Russell: So moved. Chair King: -- for SR. 1? Do I have a second? Arthur Noriega (City Manager): Can I -- Commissioner Reyes: Second. I'm -- yeah. Chair King: Okay. Any further discussion. for SR. 1? Mr. Noriega: Can I comment on something with regards to SR.1.? Commissioner Russell: We haven't made the amendment yet though. Mr. Noriega: I know you haven't. Commissioner Russell: Okay. Mr. Noriega: Well, they're voting -- about to vote on it, so -- Chair King: No, I -- Commissioner Reyes: No, we haven't. City of Miami Page 62 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: I asked for discussion. Mr. Noriega: Okay. (UNINTELLIGIBLE.) Chair King: So, is there a discussion for SR.I ? Commissioner Russell: Yes, Madam Chair. Chair King: Commissioner Russell, please. Commissioner Russell: Yes. I'd like to propose an amendment and I'd like to hear from the Administration as well as Legal because if there is no fiscal impact, and I've asked for analysis, I've heard from the side of the union that there is not. I have not heard from the City that there is not. But the idea of the amendment would be allow it for a seven year forward drop and to apply to all the -- all those within the pension. The concerns that were brought to me from the Administration is that this is unorthodox with regard to how contracts should be negotiated and could even be potentially illegal under State statute for collective bargaining. And I've talked with Mr. Moy, and their attorney has stated that as long as they issue a memo of understanding on their intention and they take it back and ratify it with their group, we as this body can make this official decision potentially which may give some comfort to the Administration contingent on that ratification by their group. So, I'm open to that within the amendment if that gives less heartburn to the Administration. But I do believe it is our ability to make these decisions up here. So that's the amendment if there's an opening for the second. Chair King: Attorney Jones? Kevin Jones: Good morning, Madam Chair and Commissioners. I have -- I've been a part of these discussions. I understand the Union's position. I will start off by saying that the Union 's lawyer does not represent you all and our position on this is that Chapter 447 is very clear. It is codified in the Florida statutes; it is buttressed by the Florida Constitution, and it details, in detail, the relationships between the government employer and a government union. There are no exceptions found within that statute to change a closed collective bargaining agreement through an MOU (Memorandum of Understanding). It does not exist. If it did, I encourage them to hand me a case that says that you can provide a benefit through an MOU. You cannot. You have to bargain for these benefits. The reason why you have to bargain for these benefits is because number one the bargaining sessions are open to the public. That's found in Florida Statutes 286. This benefit was never noticed, it was never bargained for, the public wasn't there, so you have a potential Sunshine Law violation. That's the first problem. The second problem is -- is Chapter 447.309 does not provide for the union directly lobbying the Commissioners for benefits. That should not have happened. It should only go through your chief bargaining agent, who is the Manager. That's who they should be talking to who then talks to you through a proper process in order to give them this benefit that they're asking for. Third problem, you've already gone through first reading. This issue was never advertised, this issue of the seven year forward drop was never advertised in the actual legislation itself This is being inserted in between first and second reading, which causes me a lot of heartburn because this is not the way it should be done. The problem -- and I can go on. You have current problems and you're going to have future problems. I could go on, but I think you've got a flavor of our concerns given the way this is done. They have every right to bargain for these benefits and you all as a collective body can give them these benefits, but it needs to be done in proper order. It needs to be done at the bargaining table, duly noticed, where -- where it is -- it is duly advertised where we come back to you and we say, okay, this is what they want, and you all can tell the Administration that they -- that this is what you want to give them. What compounds City of Miami Page 63 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 this problem and really -- it just compounds the problem in my mind is that their contract is up in 2023. They go back to the table in February of 2023. That's when their contract opens, right? And so, we're not talking about a long period of time for this benefit. Doing it the right way starts in February where we can come back to the table, we understand it might be the will of this body to give it to them, it would be the first thing up to give them. Doing it this way only inures to the extent that somebody wants to challenge this, only inures to the City of Miami's problem. This is never going to be a union problem; this is going to be the City of Miami's problem. Commissioner Russell: Madam Chair? Mr. Jones: And I'll answer any questions you have 1 just -- be careful what questions you ask me because we're being recorded. Chair King: Commissioner Russell? Commissioner Russell: Thank you. What could be the negative repercussion of passing this here? Mr. Jones: You want to know your present problem or your future problems? Commissioner Russell: Both. Mr. Jones: Okay, your present problems is it's not consistent with the 447 which is the statute which governs bargaining. You may potentially have a Sunshine Law violation because this was never bargained at the table. This came up in between first and second reading. There's a reason why the statute says that these public negotiations are public and they're open to the public. You have to advertise them; you have to let whoever's interested come. Third problem is you've allowed them to lobby you directly for a benefit, a term and condition of employment, which should not have happened, right? It should only go through the Manager. Those are your present problems. There are some others that might be a problem with the -- with the title of the current legislation because it does not include a seven year drop. The public was not aware that we were going to give them a seven year drop. That is a little bit more of an argumental issue because you can argue that maybe it put people on notice, maybe it didn't, but any event it is an issue, right? Those are your present problems and those are just a few. Your future problems are going to be that when you bargain, the law requires we do it in good faith. Now I'm not suggesting that they would act in anything other than good faith, but if they think that they can go to the table with this gentleman and say, we're not going to give any concessions, we're not -- we're going to status quo everything and then after the contract is closed, which is the essential issue here, you all have ratified the contract, right? They can come to you and get benefits that they never asked from the Manager is a violation of 447. So that is your future problem moving forward. So, we've addressed your present problem and now you have future problems. Because this is going to be the way that they operate moving forward. Now beyond -- beyond that, I want to -- some of you have been on the dais long enough to remember financial urgency, right? And during that period of time, we had to make pay cuts for people when their contacts were closed and we were sued behind that. Although, we believe we were following the law at that time, there was a question mark as to whether or not what we were doing was consistent with the Florida law. The Supreme Court ultimately came down on the side of the unions, but under that scenario, we had a good faith basis to do the things that we wanted to do. In order to break a closed contract, you either have to have a waiver, you have to have an impasse, or you have to have an emergency. Their contract again is closed. Under that scenario we took something from them because we had budget issues. Again, we won at the appellate level, we won all the way up to the Supreme Court, the Supreme Court conies back and says, okay, we understand why you did City of Miami Page 64 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 what you did, but you can't break a closed contract. And that rock solid legal pronouncement is no different now. You cannot break a closed contract for benefit or for detriment. Again, I'm not here saying or arguing that they should not get it. If you want to give it to them, I want them to have it, but we've got to do it the right way. Chair King: Commissioner Russell? Commissioner Russell: Thank you. Potentially a remedy, to the first problem would be renoticing it for second reading at a future meeting? But I do -- I thought that we had brought this up on first reading, but I'll trust you that we didn't, but perhaps that would eliminate the noticing issue. On this second issue 1 may be misremembering the financial urgency, but 1 don't remember that it was you cannot reopen or break the contract, but that we did it in the wrong way. We declared financial urgency missing some steps. Mr. Jones: There are only three ways to break a closed contract. Commissioner Russell: All right. Mr. Jones: Okay. One way is that you qualify for financial urgency, you go through the financial urgency process, you go through and impasse procedure, which is all set out in 447 or within the contract there -- those are just breaking the contract. The way to modify the contract is if there's a reopener or there's some language in the contract where they waive the right to bargain and I'll give it to you in reverse, I'll give you converse first because 1 think it's easier i f you get a holistic picture, right? If you wanted to take something from them and you said, Mr. Moy, give me an MOU agreeing that we can take something from you, he and his lawyers would be here telling you that it's illegal. Now one, because an MOU is a memorandum of understanding, it does not in and of itself give him the authority to speak for behalf of the 1907 members, right? The MOU is designed to explain already concreted terms in the collective bargaining agreement. It's not meant to create new terms. So, for example in the collective bargaining agreement if there's some dispute over what a 40 hour work week looks like and the parties agree that the language was unclear, you can introduce an MOU to clam that unclarity. It was never meant to create language in the collective bargaining agreement. That's the primary issue. The secondary issue is that if they want to do this now, he needs to go back and get a document where the union wants to reopen negotiations so that we can go back to the table so that we can do this the right way so that we can come, so that we go back to first reading, right, now with a properly noticed legislative title including all the benefits and then go to second reading properly, right? The idea behind inserting it between the first and second reading through an MOU is an attempt to circumvent 447, which is clearly what's happening. Vice Chair Carollo: Well, hearing such a strong opinion from the Assistant City Attorney like rarely have I heard the Assistant City Attorney, City Attorney, come with something to us so strong. And particularly when they sensed they understand that there's a majority that is willing to go along with this. I have to take a pause because it's not a matter of how much I like you guys or not like you, it's a matter offbllowing the law. I know the Manager has been quite quiet, but it's your fault. You shouldn't have been -- you should have spoken to me about it before and each one of us before we got here, but I'd like to defer this item until we get a clear pathway beyond of anything you told us because the only thing that stayed inside of my ear is February of 2023. If you think there's any time before that, that something could be done legally or is 2023 the -- when we begin negotiations again for their contract, is that the time to bring it up? Commissioner Reyes: Madam Chair? City of Miami Page 65 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Noriega: So, kind of create some clarity here. I was never aware of the amendment per se in terms of the detail. There was a question raised by the Commissioner with regards to the language and to the legality. I think there was definitely some feedback as it relates to the process. I certainly don't have any objection to entertaining what they're proposing. I don't. But I think it should be done during the proper bargaining process, right? We just finalized a contract with them, right? Vice Chair Carollo: Well, that's why I'm confused. Mr. Noriega: Yeah, we spent over a year negotiating it, right? We're going to reenter negotiations early next year. I just think the proper process here is it is negotiated as part of a new contract, right, and 1 think we set a very bad precedent, aside from the legal issues in reopening this item once a contract is finalized and I think the proper process should always be, right, that we address these future issues or concerns or -- or any interest they have to make modifications in particular to the pension language, we do that during the proper negotiation processes as part of our bargaining sessions. And I just think that's the right way to do it. Vice Chair Carollo: Did either one of you or anyone from your union bring this up to me and discuss it with me? Ms. Lugo: No. Mr. Moy: No, sir. Vice Chair Carollo: Okay. Because I didn't remember that either. Mr. Moy: It didn't come up during our meeting. Vice Chair Carollo: Not from you, nor from the Administration. Aside of Commissioner Russell that made the motion, did you bring it up to anybody else that you discussed it with from the Commission? Mr. Moy: No, Commissioner. It came up during our previous negotiations when we were in negotiations the extension of a drop at that time, but not recently, sir. Vice Chair Carollo: Okay. So, Commissioner Russell is the one that you spoke to? Mr. Moy: No. I spoke to also -- to Commissioner Christine, Ms. King, and we spoke briefly with Alex. We've been trying to speak with you it's just a little bit difficult with the scheduling. Vice Chair Carollo: My schedule has been difficult the last couple of weeks. I will grant you that, but, you know, sometime I get very forgetful and I was just wondering if somehow I forgot that either one ofyou had mentioned this to me, but I'm glad you cleared up that is not the case. Mr. Moy: Right. And I want to mention it to the record that we're not planning on suing anyone. We simply want to have equality with the membership. Police officers have similar benefit like this. We brought this up in a negotiation, it just didn't come to fruition for us. We're here on behalf of everybody of the plan, we're not excluding anybody. Vice Chair Carollo: See you just said something, Sean, -- that you said you brought it up during negotiations and it didn't come to fruition. And you just made the case for City of Miami Page 66 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 the Assistant City Attorney. Now you're coming back without negotiations to try to get it done through us. You know that many of us here, you know, have a warm liking for you, but those maybe not as much for you, at least for Mary, but -- and, you know, it's -- things have to be done the right way. You know, they have to be done the right way. You probably should have negotiated more to have gotten it through on this last negotiation, but, you know, if not, going to what the Manager has said, we lose a process in this then, you know, we're basically throwing the Manager and the whole Administration aside and the whole process aside and we're doing this in a political backing. This shouldn't be that way, but beyond that, what concerns me even more is what the Assistant City Attorney has said, that we're creating not just a precedent, the precedent's being made, but that we're violating all these statutes. So that's a much bigger concern. I don't know how many people it's going to affect if we wait longer or not, but -- and I don't know if there's any legal solution that the Assistant Manager can look at that could be before February 2023, but it's your fault for not including this in the last negotiations. That should have been done there so you could have had a whole package. Chair King: Commissioner? Commissioner Diaz de la Portilla: Me? Chair King: Yes. Commissioner Diaz de la Portilla: Thank you. The question is, Commissioner Carollo, did you include it in your negotiations with our City Manager? Mr. Moy: It -- there were discussions about it, just discussions, but never in some sort of negotiations. Commissioner Diaz de la Portilla: Well discussions are negotiations. Mr. Moy: Yes, but never -- there was never like some sort of document that we're, you know, we were discussing other things of the pension, but not specifically the drop. Commissioner Diaz de la Portilla: So, this issue -- this is for my clarification, this issue -- specifically this issue was not discussed with the Administration, with the City Manager? Mr. Moy: No, sir. Commissioner Diaz de la Portilla: This is the first time -- and why was it not discussed? Mr. Moy: Because when we were in some sort -- there were discussions, we were in discussions on behalf of the general employees. This is something that affects everybody in the plan. The managerial confidential, the unclassifieds, classified employees, everybody as a whole. That's what's different about it now and they also requested an actuary report, which we did, and we didn't have it at that time and it showed that they didn't have no cost and that's what's different. Commissioner Diaz de la Portilla: So, you had a report that came out after you -- Mr. Moy: Recently. Commissioner Diaz de la Portilla: Hold on. You had a report -- if I may. You had a report that came out after you had closed negotiations with the City Manager? City of Miami Page 67 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Moy: Yes, sir. Commissioner Diaz de la Portilla: So, it's new information that was brought to light that was not available when you were negotiating with the City Manager; is that correct? Mr. Moy: Yes, sir. Yes, sir. Commissioner Diaz de la Portilla: Okay. And do you now have -- Mr. Manager, do you now have to wait; is that accurate what he just said? Mr. Noriega: I missed that part. I was talking. Commissioner Diaz de la Portilla: Okay, well. Mr. Noriega: Sorry. Commissioner Diaz de la Portilla: Pay attention to us every once in awhile. Mr. Noriega: I'm sorry. I pay attention to you all the time I -- Commissioner Diaz de la Portilla: They said there was a new report that came out after they had closed negotiations with you that showed that there was no cost to the City. Mr. Noriega: So let me clarify -- Commissioner Diaz de la Portilla: Is that true? Mr. Noriega: Let me clarify. Well, I just recently received it -- Commissioner Diaz de la Portilla: That's not the question. Mr. Noriega: -- a week or so ago, so it's new in the sense that they did an actuarial report based on that revised language on the forward drop. They did do one. I received it like two weeks ago. Commissioner Diaz de la Portilla: After we had closed negotiations? Mr. Noriega: After we had closed negotiations. So, for clarity, right? Commissioner Diaz de la Portilla: Okay. Mr. Noriega: And whether Sean and Mary Lugo want to sort of admit this, this never came up until this agenda item was presented in an agenda and they saw an opportunity I think to piggyback on it with this particular language. That's when really, I think, this came to fruition. So, this was I think a matter of opportunity for them. I just think that, and I'll be, you know, clear again, that I'm certainly willing to consider it, I just think it needs to be done during a proper negotiating process. Commissioner Diaz de la Portilla: So, you want to wait until 2023 to consider it? Mr. Noriega: Absolutely. Commissioner Diaz de la Portilla: Or you'll consider it before? City of Miami Page 68 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Noriega: No, 1 think we should wait until our next negotiating process on a new contract. It's less than a year away. Commissioner Diaz de la Portilla: Yes. Chair King: Mr. Simmons? Joe Simmons: I have permission to speak? Joe Simmons, Jr., President ofAFSCME local 871. From the beginning June of 2021 we submitted in our proposal. But of course, that was -- we weren't fruitful in that. There was issues about financial urgency and other things that came up during the process. There was an impact study done and at the time the City was unwilling. So, when this item came up we thought maybe that it would be possible, but from the beginning we submitted our proposal almost a year and a half ago. And we know that for us in our contract the letter of intent goes out April 1, which is April 1 of 2023. May 1st we actually share exchange proposals. Last year we did our proposal in June of 2021 because we had some technical issues internally, so we basically reached out to the City, we communicate generally through HR (Human Resources) through the labor relations division. We've been transparent up front. So, we actually submitted it as part of our package. Chair King: Okay. Let me ask a question, Mr. City Attorney. Mr. Jones: Yes, Ma'am. Chair King: What prohibits the unions and Administration from opening up the bargaining today? Because while you say it's -- February 2023 is less than a year away, for an employee who is looking for this benefit, that's a lifetime away. Is there some way that we could be in compliance and take a look at this issue again? Mr. Jones: Yes. Chair King: Can we -- if both parties -- we can do that now? Mr. Jones: Yes. Chair King: So, we can defer this item -- Mr. Jones: Hold -- there's more to the yes. Chair King: Okay, okay. Well, I took that yes and I'm running with it. Mr. Jones: Yeah, you're running with the yes. Chair King: Yes. Mr. Jones: So, they have a closed contract. Chair King: Yes. Mr. Jones: Their contract has no provisions for reopeners. Obviously, you know what a reopener language is? It's language in the contract that says if the parties have an issue they can come back to the table, yada, yada. There's no provision for that. Their contract has clear terms. The next time that the parties have to submit -- exchange changes to the collective bargaining agreement is the date the Manager has just given you, right? Commissioner Diaz de la Portilla: Or the Commission decides. City of Miami Page 69 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Jones: The Commission can decide to have the Manager go back to the table -- Commissioner Diaz de la Portilla: Yes, of course. Mr. Jones: -- but he needs to go back to his members, and they need to get a vote to open up the contract. Commissioner Diaz de la Portilla: I understand. But -- ifI may, Madam Chair, but there is a process that we can do it earlier. That's a conversation --1 think the question the Chair is asking. Mr. Jones: Yes. Commissioner Diaz de la Portilla: There's a process. atty: Yes, sir. So, there's a yes. Commissioner Diaz de la Portilla: At the end of the day, we can trust the Manager to negotiate, butt think we've all here expressed concerns along the way or the last two years and you congratulated the Manager over his first two years -- we've expressed concerns of a disagreement this Commission has had with the Manager. It's normal in any, you know, course of business, right? So, we don't have to always adhere to what a manager says. We can request and we can direct or we can ask and inquire to try to get to the right place. Mr. Jones: Yes. Commissioner Diaz de la Portilla: So there is -- hang on. Mr. Jones: Yes, but there's more to the yes -- Commissioner Diaz de la Portilla: Hang on, hang on. Chair King: Give just a moment. Commissioner Diaz de la Portilla: Okay. I know you always have a point to the yes, but it's a simple question. Mr. Jones: Yes. Commissioner Diaz de la Portilla: Does this Commission have the ability to reopen any part of any conversation that did not take place, which is not really reopening, right, and just address that issue before February 2023? I think your answer was yes. Mr. Jones: Yes, but again -- Commissioner Diaz de la Portilla: But they have to go to the union membership, they have to get a vote -- Mr. Jones: Correct, correct. Commissioner Diaz de la Portilla: They go through the process. Mr. Jones: Correct. And as it relates to this item, this item is on its second reading. What you would be doing -- City of Miami Page 70 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: So, 1 move that we defer this item -- Mr. Jones: Hold -- there's more. There's more to it. Chair King: Wait, wait. Let him finish. Commissioner Diaz de la Portilla: Well, I can make a motion. Chair King: I know but let him finish. Mr. Jones: So, as it relates to this item, this item is on its second reading and would be unrelated to what you're doing. Chair King: What would happen. Mr. Jones: So, you would -- you could pass this -- Chair King: So, it would have to come back to us for first reading -- Mr. Jones: Give them -- go back -- right. Chair King: -- the new thing. Commissioner Diaz de la Portilla: And go back with a new thing. Mr. Jones: Correct. Chair King: Okay. Commissioner Russell: Madam Chair, I'll remove my amendment, but the motion stands on the item. Commissioner Diaz de la Portilla: Yes. Chair King: I'm sorry. Say that again? Commissioner Russell: I'll remove my amendment to add the drop language, but my motion stands on passing this item as is. Commissioner Reyes: Okay. Commissioner Russell: And if we get passed that, we can discuss the directing the Manager to go back to negotiations. Commissioner Diaz de la Portilla: Okay, okay. Commissioner Reyes: Listen -- Commissioner Russell: If that's the will of the body. Commissioner Reyes: -- Madam? That's one question that I was going to ask because your amendment changes everything. Commissioner Russell: Correct. Not going to do it. Commissioner Reyes: And that is what creates most problems. City of Miami Page 71 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Russell: Yes. Commissioner Reyes: Okay. Chair King: He's withdrawing his amendment. Commissioner Reyes: That's right. Chair King: Okay. Commissioner Reyes: So, 1 think that -- I guess that we should -- Chair King: So 1 think it is -- Commissioner Reyes: -- if it is -- if it is legal and you don 't have any objections, we should pass this and then -- or vote on this. Let's vote on this and then -- and then open up -- open the negotiations if it's possible. Vice Chair Carollo: But if I can, I want to be crustal clear in this. If we vote upon this today, we're not violating any of the laws you cited before? Mr. Jones: Not without the amendments. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: The amendment's withdrawn. Vice Chair Carollo: Okay. And they would have then to go to their membership and get an approval for them to be able to open up -- Mr. Jones: And go back to bargaining early. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Before? But then -- Chair King: Before -- Commissioner Diaz de la Portilla: -- a follow-up to Commissioner Carollo's concern. Then can we direct the Administration to have the conversation? Do you have to go to the -- do they have to go to the membership before or do they simply have negotiations and then once something is solved or negotiated, they go to their manager? Mr. Jones: Well, the timing -- I don't get heartburn by the timing so long as before we change, add something to the collective bargaining agreement we have the recognition that the collective bargaining agreement is open to be negotiated. That's the heartburn. It's closed now. It's a closed contract. Commissioner Diaz de la Portilla: I think we all agree with you. Mr. Jones: Yeah. I don't have heartburn with that. Commissioner Diaz de la Portilla: I think we all agree with that. Mr. Jones: (UNINTELLIGIBLE) heartburn about the timing. City of Miami Page 72 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: I think what we don 't agree is that we have to wait until 2023 as the Manager said for them to address that particular issue that they're addressing today through their amendment. Mr. Jones: You can direct them to go back to bargaining early. Commissioner Diaz de la Portilla: Well, I would like to direct the Manager to go back about that particular -- Commissioner Russell: Let's get through this -- Commissioner Diaz de la Portilla: -- about that particular issue only. Not reopen the whole contract. Commissioner Reyes: Madam Chair, it's what -- Chair King: Mr. Reyes? Commissioner Reyes: I need a point of clarification because now I'm confused. Chair King: Okay. Go ahead. Commissioner Reyes: Okay. 1 want to know --1 mean this second reading of this ordinance as it is doesn't present any problems, right? Mr. Jones: No, sir, it does not. Commissioner Reyes: What we are going to be discussing or what is going to be open is to address Mr. Russell's amendment, that is where we shall decide if we agree with it, if we don't agree with it, and what will be the consequences you see, if there is fiscal impact, what are the consequences that have to be analyzed. And that is -- that's what I am in agreement that if we vote on it and we're going to open that but have to be a brand new argument, you see. And that is when you are going to -- I mean, the Law Department is going to analyze it and see the legality of it, the Administration will analyze it and -- determine if the fiscal impact on it and what will be the effect of this -- that amendment in -- I mean, future fiscal impact that we have to take into consideration also. Okay? Chair King: Right, so -- Commissioner Reyes: And that will be a different argument. That will be a different argument that is going to be discussed between the Administration and the union. Chair King: Yes. Commissioner Reyes: And we will be informed of how everything -- I mean, how -- I mean, negotiations are going and what type of effect does it have that could negatively affect the City of Miami. Chair King: Yes. Commissioner Reyes: Okay. Chair King: So, there's a motion -- Commissioner Reyes: Now I'm not confused anymore. City of Miami Page 73 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Okay. There's a motion and a second for SR.1. All in favor? The Commission (Collectively): Aye. Chair King: The motion passes unanimously. SR.2 ORDINANCE Second Reading 11385 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-526 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMIT/NOVEL CORONAVIRUS (COVID-19") PILOT PROGRAM FOR VACCINATION AND TESTING SITES," BY AMENDING THE SUNSET DATE AND ADDING APPROVAL FOR WAIVER OF TIME CONSTRAINTS FOR SPECIAL EVENT PERMITS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14054 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de Ia Portilla, Reyes ABSENT: Carollo, Russell Note for the Record: For additional minutes referencing Item Number SR.2, please see Item Number SR.1. Todd B. Hannon (City Clerk): We're ready. Commissioner Diaz de la Portilla: Are you ready? I'm sorry. My bad, my bad. Chair King: Okay. Good afternoon, everyone. Welcome back to these chambers. We are going to reconvene the March 10, 2022, City Commission meeting. I believe we were on SR.2. Commissioner Reyes: Yes. Yep. Chair King: It's just us now. Commissioner Reyes: SR.2? Chair King: Yes. But everybody walked off except me and you. All right. We still have -- we still have a quorum. SR.2. Do I have a motion to approve SR.2? Commissioner Diaz de la Portilla: SR.2. Commissioner Reyes: Is this a -- Commissioner Diaz de la Portilla: Give me a second. City of Miami Page 74 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Sure. Commissioner Reyes: This is -- SR.2, 1'll move it. Commissioner Diaz de la Portilla: Second. Commissioner Reyes: That fine. Chair King: Any discussion? Commissioner Reyes: Nope. Chair King: All in favor. Victoria Mendez (City Attorney): I'm sorry. Which item? Chair King: SR.2 which has previously been -- you need to read it in too because -- Mr. Hannon: The title -- the title was already read into the record. Chair King: It's already read? Okay. So, we can take a vote. All in favor? The Commission (Collectively): Aye. Chair King: SR.2 passes. SR.3 ORDINANCE Second Reading 11529 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE THE CODE ENFORCEMENT BOARD A GUIDELINE FOR MITIGATION OF CODE ENFORCEMENT LIENS BY HOMESTEAD AND NON - HOMESTEAD PROPERTY OWNERS, INCLUDING TIME FRAME LIMITATIONS AND PERCENTAGES OF MITIGATION ALLOWED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14057 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item Number SR.3, please see "Public Comments for all Item(s)." Chair King: That brings us back to SR.3, last item. Commissioner Reyes: SR.3. City of Miami Page 75 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: Let's wait for the City Attorney. Commissioner Diaz de la Portilla: Is it moved? Vice Chair Carollo: I'll make the motion to move it, but I'd like for the City Attorney to include the minute changes that were made. Commissioner Reyes: Okay, I want to hear them. Commissioner Diaz de la Portilla: Okay. I'll second it once she finishes. Chair King: Madam City Attorney? Victoria Mendez (City Attorney): Yes, did 1 read this into the record finally? No, right? Chair King: No. Vice Chair Carollo: No. Chair King:: No. Ms. Mendez: That's what I'm looking for -- for one moment. Okay, SR.2? Chair King: SR.3. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And the changes that Commissioner Carollo had suggested was that the exceptions would be if you were already set for a mitigation. Vice Chair Carollo: Yeah, the request that I had made, Madam City Attorney, was that anybody that had a date set already to go before the board would be grandfathered in. A date set. In other words, and I hope that all of a sudden you don't see 150 that pop up today. Ms. Mendez.: So, -- and you went with a date set to go before the Code Enforcement Board would be grandfathered in. And then the other exception that I had requested, if you would be so kind, is that the above chart and restrictions shall not apply to matters in which bankruptcy proceedings are pending. And any mitigation requests involving a litigation settlement may be heard by the Commission. Vice Chair Carollo: That's fine. It's only appropriate, bankruptcy courts trump any other courts or rulings. And the additional settlement and litigation that you mentioned, it's appropriate that the Commission would hear it. Ms. Mendez: Thank you. Commissioner Reyes: Madam Chair, I just have a simple question. Chair King: Commissioner Reyes. Commissioner Reyes: If there is -- Chair King: Hold on a second. Ma'am, public comment period is closed. City of Miami Page 76 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Maria Gralia: 1 just -- Chair King: It's closed. Ms. Gralia: Thank you. Chair King: And I believe you spoke already earlier. Ms. Gralia: 1 did, but I just wanted to say for the exceptions. Chair King: It's closed. Ms. Gralia: Thank you. Commissioner Reyes: I have a question. If -- if there is a property -- there is a property that -- I mean -- and it is non -homesteaded property, that it is -- and it has all this violations and the owner had not taken care of it, and if it is bought by a -- and the new owner wants to cure all the problems or pay the fines, how long do we give him then? Or there is an exception that he, as along as he gets a permit and -- to cure it, that I mean leads me into something else. If the person gets a permit to cure all the violations, but at the same time wants to work on the house, see, they get the permit and they wouldn't get a CO (Certificate of Use) until the other violations are cured. Vice Chair Carollo: The bottom line is, and this is part of what we were trying to resolve with this too, is that you have a cottage industry of individuals out there that what they're doing is they're going to people that have created all these liens and then they're offering them pennies on the dollars and then they know the way. Then they come before our boards, and they wipe everything out. Commissioner Reyes: Yes. Vice Chair Carollo: And how wonderful that the individual that has all the liens and hasn't cared and has made neighborhoods and neighbors have to live with all that, that then they're going to profit at the end. Because the excuse is, well, I should sell it to someone new and he had nothing to do with that and then we're going to cure it all and they make all the money and the City is stuck, again, with nothing. This is -- Commissioner Reyes: I do understand -- Vice Chair Carollo: -- part of what we're trying to cure. Commissioner Reyes: -- I understand and you're absolutely right because that happened to me, I mean in my neighborhood. But my question is, how can we avoid that a person that has a bunch of violations in that house and sells it and the new owner, I mean even if -- I know it could be a fake -- Vice Chair Carollo: Sale. Commissioner Reyes: -- sale. It could be, but how do we avoid that a real sale, a legal sale, that a person that buys the property that is full of violations, or has a lot, that person comes to -- I mean that that person would be able to cure the problems and mitigate the Vice Chair Carollo: Well first of all, what I'm trying to do here is to try to force individuals -- City of Miami Page 77 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Yes, 1 -- Vice Chair Carollo: -- that haven't cared, vagary in debt, they could get a cure the way that it's been happening. Commissioner Reyes: I come (UNINTELLIGIBLE) -- Vice Chair Carollo: And at the same time, they could just sell it, stop that from happening. And to force those individuals into a situation that they're not going to be able to profit from their previous actions because they should solve it first. First of all, very little of that happens, unless it's someone that knows the system, that was going to get a huge amount in discounted. Those are the only sales that we really were having, because let's be honest, if you get a property that's worth maybe 300,000 and you've got a lien of a million, a million plus on it, no one in their right mind -- Commissioner Reyes: Is going to buy that. Vice Chair Carollo: -- is going to buy it for anything. And you've been having instances in different amounts that that's been happening because of that. So, what you're really saying is, is something that we're, in reality, by doing this we're going to stop that. And we're not going to have to be worrying about that because now owners of the property know that they can't play the game of selling it to someone, selling it to someone supposedly, and it will be cleaned up in that fashion. Or that people might get even taken advantage of by that. Commissioner Reyes: Yeah, but also, I've been thinking about this -- Vice Chair Carollo: But let say this to you, Commissioner, anyone that's going to get into properties like this to buy, they're grownups, they know what the consequences are. Commissioner Reyes: Yeah, veah. Vice Chair Carollo: There's no way that anybody is going to enter, first of all lending institutions, forget it because lending institutions are not going to give any money with liens. Commissioner Reyes: Yeah. Vice Chair Carollo: So that means that they had, you know, a pretty hefty deal in a discount, or it's like you said that it's part of the game that they put a straw buyer forward. So, I don't think that we should worry about that because this is something that in a very short time the system is going to clean itself when they see that our loss, our firm, are intact, and yes, we're giving people discount. Plus, you have to keep in mind that by the time they get in to the up to 271 days, many people have been getting extensions and extensions and extensions, some that have gone for a year plus or two years before they get into the 271 days. Commissioner Reyes: The only fear that I have and I agree that we have to put down, is that if it gets to a point that they have so much lien, I mean they owe so much money, and since nobody wants to buy, nobody's going to buy it, and there's going to be an abandoned property, and if that is the case then I think that we should do something if that property is abandoned, because nobody wants to buy, that we should take legal action. Vice Chair Carollo: We're in the same condition today. City of Miami Page 78 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Yes, but we should take -- Vice Chair Carollo: We're in the same condition. But I agree with you on that. Commissioner Reyes: We have to take legal action at that point, so we won't be witnessing a bunch of properties that are going to be that. If it is abandoned, we should go after them real fast. Vice Chair Carollo: I agree. Commissioner Reyes: Okay. Chair King: Anyone else? Commissioner Russell? Commissioner Russell: Thank you. I appreciate that we're grandfathering in folks that are already in the process, but I'm worried about the future investment in the city. And I know it's very hard to distinguish the good players from the bad players, but I'm worried that with a baby with the bath water we're going to actually disincentivize investment in our city. My worry is that there's folks -- there's a million reasons you can rack up code violations and many are very legitimate, but the process of appealing, it's meant to be code compliance not code enforcement. The goal is to get people in compliance so our city continued to roll and improve and we get the results we want more than the money we try to collect. I think it's more important that the properties are up to code and that transactions can continue to happen. And I'm just worried this will chill that. And so, I'm not in favor of it in its current form. Vice Chair Carollo: Okay. Chair King: I too am concerned. I don't want there to be an unintended consequence to property owners, but I also don't want to see people have liens that get liens, liens, liens, and then there's no structure in how we mitigate these liens. I'm concerned about that. I'm aware of an instance where there were $1.5 million worth of liens on a property that was reduced to $10, 000. And I know that doesn't happen across the board, so I am in favor of some -- some structure, some standardized way that we address this issue, but I also don't want to be so inflexible that the little man gets caught somewhere. Vice Chair Carollo: Well, in these kind of cases you're not going to find the little man, you're going to find the big man because homestead property is not being included. Chair King: Right, right. Vice Chair Carollo: And that's where also because of the State statute that protects homestead property. Chair King: Right. Vice Chair Carollo: So, if a year from now we see that this is not working, we can revisit it. But at least we're setting the wheels in motion that it's not going to be business as usual in the City of Miami. That people are going to do whatever they want to do, not pay liens for years and years, and rack up huge liens, and then laugh at us. Chair King: Okay. Are we ready for a vote? Vice Chair Carollo: Yes. City of Miami Page 79 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: All in favor? Commissioner Reyes: Aye. Vice Chair Carollo: Ave. Chair King: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Against. Chair King: Against? Todd B. Hannon (City Clerk): I have that as 4-1. Motion passes. Chair King: 4-1, motion passes. Ms. Mendez: As amended. Mr. Hannon: I'm sorry? Chair King: As amended. And this would conclude the March 10, 2022 Commission Meeting. Commissioner Diaz de la Portilla: You're 47 minutes late. Chair King: I'm 47 minutes late. Commissioner Diaz de la Portilla: You promised me -- you promised me 5 o'clock. Chair King: I tried. Commissioner Diaz de la Portilla: Good job, though. Chair King: Thank you. Meeting adjourned. Commissioner Reyes: Good job, Madam Chair. END OF SECOND READING ORDINANCES City of Miami Page 80 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11565 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE V/SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS; POST -EMPLOYMENT RESTRICTIONS; PARTICIPATION IN THE AWARD OF CERTAIN CONTRACTS UNDER THE PROCUREMENT ORDINANCE; PENALTIES; ETC." BY CLARIFYING THAT ANY EMPLOYEE WHO PARTICIPATES IN RECOMMENDING A CONTRACT AWARD OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) OR IN ASSISTING WITH ANY REAL ESTATE TRANSACTION OF THE CITY IS RESTRICTED FROM RECEIVING COMPENSATION OR EMPLOYMENT FROM THE CONTRACTING PARTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Reyes to adopt Item FR.1, however, the motion died for lack of a second. Chair King: We're going to go now to FR.1 Commissioner Reyes: FR.1. Chair King: Motion to -- Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: Second. Chair King: All in favor? Commissioner Reyes: Aye. Todd B. Hannon (City Clerk): Chair, we haven't read the title for FR.1. Chair King: We have what? Mr. Hannon: We haven 't read the title into the record for FR.1. Chair King: Victoria, can you read -- Commissioner Diaz de la Portilla: Well, hold on. It's FR.1, right? Chair King: FR.1. Commissioner Diaz de la Portilla: Who can elaborate on what it does? City of Miami Page 81 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: 1 do it. 1 am the -- Commissioner Diaz de la Portilla: Okay. Chair King: Well, wait, let's have Victoria read it into the record. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: I have a little bit of a concern because we had this issue back in Tallahassee. It's continued after I left Tallahassee, where we -- first time around we limited the ability of people to leave and seek employment once they left like that office. So, they started with two years limitation of -- you have to, you know, be out two years before you could -- we used to call it the revolving door policy. And we understood that. Then it's moved on to four years, now it's six years that you can't lobby Tallahassee if you used to work or be a state representative or state senator. That concerns me a little bit, the restricting people's ability to make a living is a bit concerning to me. So, 1 want to know kind of the rationale behind it, Commissioner. Commissioner Reyes: Okay.1 will be more than glad to do. This is strictly, strictly for those people that are part or have the -- making decisions with contracts that are over $500,000. Chair King: Over? Commissioner Reyes: Over. I think Victoria said not less -- You said -- Commissioner Reyes: No, over five hundred -- Chair King: So, it has to be -- Commissioner Reyes: Not less than that. Ms. Mendez.: Not less than $500, 000. Chair King: Not less, okay, okay. Commissioner Reyes: No less than $500, 000. Commissioner Diaz de la Portilla: Which is five hundred over. Chair King: Over, okay. Commissioner Reyes: 500, 000. Chair King: Five hundred plus. Commissioner Reyes: You see, what I'm trying to do is I'm going to try -- this is -- and we're trying to bring transparency and avoiding anybody taking a position that will benefit the party that they are responsible for the contract, or they are dealing, or they have any say in the contract to go and work with that company. That happened before -- City of Miami Page 82 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- happened in the City of Mia771i. And they can work any place. Any of the people that they have met in the City of Miami. But those contracts that they were directly involved and in the decision of those contracts, you see, if I --1 mean, two years have gone by, it doesn't matter, one year has gone by, doesn't matter, but immediately, you see, they shouldn't be -- they shouldn't be employed. Commissioner Diaz de la Portilla: But for all practical purposes, Commissioner, if somebody wants to start their employment two years and one day after and that's a deal, let's say someone's corrupt, and they cut a deal while they're an administrator, whether they're a department director, hypothetically, and they say, okay, my contract with you starts two years and one day after. So, what's the -- Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: Well, what's the practical effect of the ordinance then? Commissioner Reyes: Well, the practical -- Commissioner Diaz de la Portilla: Versus a lifetime ban. Commissioner Reyes: It is -- that they cannot be influenced on the decision that they are going to be made. Commissioner Diaz de la Portilla: But why wouldn't they be influenced if they could do it two years and one day after? Commissioner Reyes: Because wait two years to start working is a long time, you see. Chair King: Well, my question would be what would be considered extensive; what is the definition of extensive involvement? Commissioner Reyes: Extensive that you are -- you have decision on the terms, decision on the way that the contract is drafted, you make decision or as a matter of fact, you can vote on it. That applies to me too. That applies to us, you see, that we have some sort of influence that goes beyond the regular influence that anybody can have, you see. You're not analyzing they say, okay, the numbers are fine that you can recommend, I said, I want this company because of this, this, this, and then you -- the decision is made and you go work fbr that company. That happened before, with a hire, see. Chair King: But this is for employees only? Commissioner Reyes: No, it says here City employees including those in executive services. That doesn't mean us. We are -- Commissioner Diaz de la Portilla: So why not make it elected officials too; why not make it everybody? Chair King: He said that. Commissioner Reyes: I'm saying everybody. Chair King: That's what he -- City of Miami Page 83 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Right. I'm saying everybody. Chair King: That's what he -- Commissioner Diaz de la Portilla: Right. So in essence, you know, look, my opinion, Madam Chair, Commissioner, I think that to limit people's ability to make a living -- Commissioner Reyes: Oh, we 're not -- Commissioner Diaz de la Portilla: -- in a legitimate way where they can advocate, whether lobbying, to me, no matter how good it sounds out there to the public, to me that's not the right thing to do. Commissioner Reyes: With all due respect, this is not -- Commissioner Diaz de la Portilla: It's just my opinion. I mean -- Commissioner Reyes: I know it's your opinion, but we are not limiting anybody to make a living. What we don't want it is a direct line between making -- I mean, influencing a contract and getting a job in that company. That's what we want to keep apart. I know that it sounds a (UNINTELLIGIBLE) but I think that will -- it precludes and it provides more transparency. I've seen this before. I've seen in the City of Miami also that -- although 1 haven't been a commissioner for only four years, but I've been in touch with the City of Miami, I have seen examples of people that had the position over contracts that the contract has been --1 mean, accepted and then have gone to work. Chair King: Well, I think it would be problematic when you apply it to us because everything comes before this Commission so -- Commissioner Reyes: Well, let's do it executive -- Chair King: So, in actuality I wouldn't be able work anywhere if we applied that to everything that we -- Commissioner Reyes: Let's do it only for employees and forget about public officials', executives. Commissioner Diaz de la Portilla: The problem with that is that we're taking a category of people and we're subjecting them to limited employment after the fact. Commissioner Reyes: It's not limited. It's only one person. Commissioner Diaz de la Portilla: Forget about -- well to pursue whatever their ability may be. There's an implication of kind of, you know, guilty before proven innocent, right? Saying, well, somebody's going to do something corrupt, something wrong, give them two years so they can't apply. What -- Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: Wait, let me finish. What if that person is the most competent person to do that particular job and they happened to be hired or somebody pursues them or somebody recruits them because they happen to have knowledge in that particular field? Why not -- Commissioner Reyes: But don't -- don 't -- they will have if they have some -- Obey have been -- I mean, either offered a job or they have been the hint that they could City of Miami Page 84 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 occupy that position wouldn't they -- it would be, I mean, their duty to say, no, I'in not -- I cannot work in this -- in this -- in this contract? Chair King: How about this -- Ms. Mendez: Madam Chair, can I clarify something? Because I think we have -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- and I may have let the Commissioner down. He did want elected officials to be a part of this legislation, but right now it's not. Commissioner Reyes: Okay. Ms. Mendez: It is not. It's just executive staff. This is a -- so right now elected officials are -- Commissioner Reyes: Don't you have that -- Commissioner Diaz de la Portilla: But -- Mr. Mendez: But 1 need to clarify one more thing. Commissioner Reyes: -- at the State level also? Commissioner Diaz de la Portilla: Madam Chair? Ms. Mendez: This already exists. This legislation exists. Commissioner Diaz de la Portilla: I'm not here to defend my position as an elected official. I'm looking at everybody else -- out for everybody else. Why is it fair -- if we're going to do it, what's good for the goose is good for the gander, do it for everybody, or we don't do it. But you can't have people that happen to be knowledgeable in a particular area, maybe they work for the City of Miami for 25 years in OCI (Office of Capital Improvement) or some department, and all of a sudden some company wants to hire them and they're ready to move on to the private sector and they happen to offer expertise and knowledge in certain areas, why am I going to limit their ability to make a living? Commissioner Reyes: Let -- Commissioner Diaz de la Portilla: I think that's wrong. If I'm going to limit it, if I would believe that, which I don't, I will limit it for everybody, including us. Butt don't believe that. I believe that everybody wants to finish their public service. And public service, by the way is not only us, it's people that work as department heads here, people that have sacrificed and given up a lot of money where they could work somewhere else in the private sector to work for government whether its the State or the City or the County and all of a sudden you say, no, you've got to sit out two years because you happen to be the guy or the girl that was the expert on this particular field we can no longer higher you. Commissioner Reyes: Commissioner? Commissioner Diaz de la Portilla: I don't think it's fair. Commissioner Reyes: Commissioner, let me ask you a simple question. City of Miami Page 85 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Wait, wait one second, one second, one second, one second. Let's hear from our Vice Chair so that he can weigh in and then we can all. Vice Chair Carollo: (INAUDIBLE) some people that if they weren 't getting a salary from us, they probably couldn't find a job. Commissioner Diaz de la Portilla: Very true. Vice Chair Carollo: I remember one guy that three ()fits voted to fire and he's still looking for a job. Commissioner Diaz de la Portilla: I remember. Chair King: Commissioner -- Commissioner Reves: Commissioner? Chair King: Wait, one second. Commissioner Russell? Now I want to say one thing. I understand what you're saying, Commissioner Reyes, what if we put a provision, for example, the contract passes and then you can't get employment with that company for like within the first 90 days because then that would be clear they set up -- Commissioner Reyes: Well, it's the same thing Commissioner Diaz de la Portilla said. I mean, you wait two years. But what I'm saying, 1 'm only going to ask you just a simple question. Let's say that we are analyzing -- analyzing a contact for whatever, to manage the marinas or whatever, we are analyzing that. And there is an individual that is the one that it is the -- he is, or she is, the main negotiator on how much we can get, how much the City is going to obtain, the terms and all of that, and that person recommends this group ofpeople or this management company and quits his job and goes to manage the marina themselves. Do you think that's right? Commissioner Diaz de la Portilla: I will never have an assumption of nefarious motives for people. I don't assign that to people. I don't know if people are motivated by corruption or -- Commissioner Reyes: No, that's not corruption. That's not corruption. Commissioner Diaz de la Portilla: So, to me -- I'm not saying -- Commissioner Reves: That's business. Commissioner Diaz de la Portilla: No, I don't think that whether it's 2 years or 90 days or 3 years, I think that assumption of guilt or somebody -- Commissioner Reyes: I'm not saying -- Commissioner Diaz de la Portilla: -- or doing something wrong is the wrong assumption -- Commissioner Reyes: No -- Commissioner Diaz de la Portilla: And what I -- Commissioner Reyes: You -- Commissioner Diaz de la Portilla: Let me finish. I will fall on the side of thinking that people are wanting to do -- City of Miami Page 86 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: You are -- Commissioner Diaz de la Portilla: -- wanting to do a good job. Commissioner Reyes: Hold on a second. Hold your horses. You are putting words in my mouth -- Commissioner Diaz de la Portilla: It's not (UNINTELLIGIBLE). Commissioner Reyes: -- that 1 assuming anything. Commissioner Diaz de la Portilla: No, no, no. Commissioner Reyes: What I am trying it is to I mean, to preclude anything like that to happen. I don't -- I'm not accusing anybody of being corrupt. I have seen it happen and what I'm saying is -- what I'm doing is placing a condition of employment with anybody that comes here that the City is first. You see, that the City is more important than what benefits they could get with any of the City customers, you see. That's the only thing that I'm saying. Commissioner Diaz de la Portilla: For whatever it's worth, from my perspective, for me to preclude the ability of somebody to make a living because they happen to be in a position of influence at a particular time because they happen to be in a position of expertise at a particular time, l philosophically cannot support that. Commissioner Reyes: Okay. It is your prerogative. Chair King: Okay. Commissioner Reyes: Okay, but this doesn't preclude anybody from getting a job. Chair King: Okay. Commissioner Reyes: It's from getting a job for two years with those people that benefit from your decision. That's the only thing it is. Chair King: Vice Chair? Vice Chair Carollo: Yeah, right now, if any one of us is no longer up here, any director that's not working for the City any longer, I believe, Madam City Attorney, if you could hear me out, for members of the Commission, department directors, there's' a two year requirement in the books before we can come in, and I hate to use that word, lobby, anyone in the City, correct? Ms. Mendez: Yes. But I really need to clarify, this is already in the books. Commissioner Diaz de la Portilla: Right. Ms. Mendez: He's just expanding. This exists. Vice Chair Carollo: But that's where I'm going to. That's where I'm going. Ms. Mendez: No, not the lobby section. His section. The one that he's trying to -- this already says that if you are part of any -- of dealing -- dealing with a contract that's more than $500, 000, that you cannot go work with that party after two -- before two years. City of Miami Page 87 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: However -- Ms. Mendez: This already -- this already exists, but it's adding the executive staff and real estate transactions. Commissioner Reyes: That's right. Ms. Mendez: But that's already, here in the books. Commissioner Reyes: We have that already in the books. Vice Chair Carollo: However, in both, both or us, executive staff, lobbying our government after they're gone, we cannot do it for two years. Ms. Mendez: Correct. Vice Chair Carollo: And the one that he's bringing out in the form that you just mentioned it's in the books. It can't be done for two years. However, there is an exception there. This might be the way that you could all come together in this one. Unless there's a four -fifths vote waiver. Ms. Mendez: No. On the one that's a four -fifths vote, you remember correctly, but that's for contracting with the City after you leave. You can 't lobby pursuant to County Ordinance for two years no matter what and that cannot be waived. But you can -- and you're not supposed to contract with the City for two years after you leave. But the contractual one can be waived. Vice Chair Carollo: It's the contractual one that's the four fifths? Ms. Mendez: Yes. Vice Chair Carollo: All right, so -- Commissioner Reyes: This one -- Vice Chair Carollo: So, this is in the Charter to make it clear that it's a no -no. Ms. Mendez.: No, no, this would be a City Code. What we're -- everything that we're talking about -- Vice Chair Carollo: It's a code. Ms. Mendez: -- the two year ban and these revisions are in the Code, in the conflicts - - Article Five Conflict of Interest Section in the Code. Vice Chair Carollo: But that's been in the Code for a long, long time if I remember? Ms. Mendez: The two years? The one -- Chair King: It's adding. Vice Chair Carollo: No, the two years. Chair King: But it's adding executive staff So that would now include the manager -- City of Miami Page 88 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Arthur Noriega (City Manager): Well, she should actually read out -- because it adds it in there. There's specific positions titled in there, which are being added. Ms. Mendez: Okay. So, I'm -- Commissioner Reyes: But it says -- it says -- the way it reads is those that are the ones that recommend the contract. It's not the people that are working in that contract. The one that has the final recommendation of the contract. You see. Chair King: Go ahead and read it, Victoria, who the positions -- Ms. Mendez: So, as it reads right now, let's go that way first. The director of the department, and/or his or her designee, and/or the members of a selection committee who recommend -- who are City employees, recommending a contract award of not less than $500, 000, shall be restricted for a 2 year period after the director, or his or her designee, or member, has left the City service, or terminated City employment, from receiving compensation or employment from any contractual party when the employee participated in the award of a contract, subject to the Procurement Ordinance of the City, including, without limitation, waivers with the following conditions and definitions. So, that's how it reads now. What it's adding is the -- those in the executive service that assist, in addition to the procurement, assist with any real estate transactions, and claming that it's two years after the employee has left service. So, it's adding the executives and it's adding real estate provisions -- real estate transactions. Before it was more procurement, just the procurement reahn where we -- Vice Chair Carollo: Do you feel that particular provision is Constitutional? Ms. Mendez: It depends how you're -- yes, but it depends how you're looking at it. Is it a non -compete, are you looking at it as a non -compete or are you looking at as an ethics situation? The same way that you tell people that they cannot lobby the City for two years, the same way -- it's the same idea. Vice Chair Carollo: Yeah, but that's different. Ms. Mendez: It's under an ethics guise. How -- Vice Chair Carollo: Yeah, but that's different because we are government, and we can set rules for ourselves. On the other hand, you're setting rules for them working for somebody else, which it's a little trickier. Chair King: Okay. I have a motion and a second. Vice Chair Carollo: The motion. Chair King: Are we ready to vote? Commissioner Reyes: I would move it. Vice Chair Carollo: Okay. Who made the motion? You, then, I suppose. Mr. Hannon: Chair? It was moved by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla at 3:05 p.m. Commissioner Reyes: At the beginning. He was -- Mr. Hannon: So, you're withdrawing your second? City of Miami Page 89 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. It's (UNINTELLIGIBLE) withdrawing the second. Chair King: Okay. Vice Chair Carollo: Mr. Manager, is there any feedback that you would like to give us? Because remember this is not just for you, but it would be for future managers and future staff. Mr. Noriega: Right. Yeah, so I think there's a reason why those particular positions were probably excluded from the original legislation. If you look at the agenda as a whole, technically every contract we bring that's over $500,000 comes through the Manager. Which means that you would literally preclude me from working for anybody that has ever done any contract of any size here. Now look, that probably won't impact me, butt might disagree on the constitutionality of it, right? Commissioner Diaz de la Portilla: Me too. Mr. Noriega: I think somebody could challenge it later. Because in essence every vendor that comes through the City of any size or scale is technically coming through the Manager's Office because that Manager's Office presents the item. So, everybody that does business with the city would preclude anybody on that executive staff. It added the City Manager, 1 think the Assistant city managers and who else? There are positions that were actually listed. Ms. Mendez: It just says executive service. I'll hand you the -- it says exactly. Mr. Noriega: I read -- I read a former version. Vice Chair Carollo: You want to -- Mr. Noriega: But since I didn't see this ahead of time, I wouldn't have been able to -- Commissioner Reyes: Let me make -- Vice Chair Carollo: Hold on, hold on, hold on. I've still got the floor. Give me a second. Commissioner Reyes: Okay. Mr. Noriega: But it's defined. Vice Chair Carollo: Now if we would limit that to referendums, on contracts by referendum only, which is really where I think that the Commissioner's heading. Commissioner Reyes: No. Mr. Noriega: No. Commissioner Reyes: No, no. You see, I need to -- when you said the Manager, the Manager -- well do you remember the Hyatt deal, the City of Miami? Who was the City Manager when the Hyatt deal? Vice Chair Carollo: Remind me, that one I don't remember. City of Miami Page 90 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: It was Grassie (phonetic). Vice Chair Carollo: Grassie? Commissioner Reyes: That happened when that -- that was a very favorable deal. Vice Chair Carollo: That's another one that got rid of Commissioner Reyes: Okay. Yes. Yes, and you used that deal also. And where did he work immediately when the deal was done? Who did he went to work with? Hyatt. Vice Chair Carollo: Did he go work for the Hyatt? That don't remember. That was so long ago. Commissioner Reyes: (UNINTELLIGIBLE.) Vice Chair Carollo: A motion to -- Commissioner Reyes: I'm going to start giving you some memory pills. Vice Chair Carollo: Yeah. Commissioner Reyes: 1 have a good, good history memory. Chair King: Okay. Okay. Well let's -- Vice Chair Carollo: I didn't take my smart pill today. I'll admit it. Chair King: Okay. Well, we have a motion. Do I got a second? Seeing no second, the motion. fails. Commissioner Reyes: Fails. That's good. I tried. I tried to bring a little clarity a little bit of transparency. But, hey listen -- Vice Chair Carollo: Well, the -- I -- look I think your intentions are well said. This doesn't mean that -- Commissioner Reyes: That you are not (INAUDIBLE). Vice Chair Carollo: -- that this is the only time that you're going to have to bring this forward. I want to sit with the City Attorney and explore this more. Commissioner Reyes: Absolutely. Vice Chair Carollo: I want to be able to talk to the Manager and discuss it more with him. Commissioner Reyes: Okay. Vice Chair Carollo: Maybe I'll be the one bringing it back and then you can make a motion. I don't know, but let me speak to them. Commissioner Reyes: Absolutely. I mean, that's fine with me. And I respect everybody's concern and their opinion. That's why we're here. We don't have to agree all the time, you see, (UNINTELLIGIBLE) has an idea. City of Miami Page 91 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: I do think the Manager is right. 1 mean, you have to, you know, set a limit in contracts. Half a million 1 don't think any manager, any top employee is going to, to put it in plain English, play any games to award a contract in that area. They have to be very special contracts. This is how I'm trying to see if we can word something that will protect the City in a case like that, which is where I think you're going to. Chair King: I agree with that. END OF FIRST READING ORDINANCES City of Miami Page 92 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11408 A DISCUSSION REGARDING THE ANNUAL REPORT FOR City Manager's BOARDS/COMMITTEES. Office RESULT: DISCUSSED Vice Chair Carollo: Madam Chair, could we take just a five minute recess before we come back? I think we only have one last item. Chair King: Yes. Vice Chair Carollo: Just five minutes. Todd B. Hannon (City Clerk): Chair, we may be able to get to - sorry, Commissioner Carollo - the discussion item DI.1, since 1 believe we do have some -- it's just a discussion item, it's the annual review of boards, this is where come of the chairs of various boards do their presentation. It just takes a couple of minutes and then we could recess after that? Commissioner Russell: Madam Chair, how many items do we have after that? Chair King: Just this one. Just one, SR. 1 is the last one we have. Vice Chair Carollo: Who do we have? Mr. Hannon: We have -- I believe there's four boards that will be presenting to the Commission. And it's just a discussion item. William Riley: I apologize. Was the vote for PZ (Planning and Zoning) Item 1 and 2? Chair King: Yes. Mr. Hannon: Yes. Mr. Riley: Okay, I'm sorry. Thank you. (COMMENTS MADE OFF RECORD) Mr. Hannon: And you could recess after the chairs, you know, do their presentation. We were just trying to make sure that they were allowed -- Vice Chair Carollo: Very good. Mr. Hannon: -- to get out of here as soon as possible. Chair King: Okay. So, we'll have the presentations of the board committees, the annual reports. Mr. Hannon: Whoever is here to present, please, you may come up to the podium. City of Miami Page 93 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Erica Paschal: Good afternoon, Madam Chair and the City Commission. Erica Paschal on behalf of the Finance Committee as a City Manager Appointee. The Finance Committee was created on August 9, 1999, for the purpose of reviewing and making recommendations regarding the issuance of debt obligations and the management of outstanding debt. To consider all issues related to outstanding and proposed debt obligations and to vote on issues effecting or relating to the City's credit worthiness, security, and repayment of such obligations. Their duties also include but are not limited to the review of risk management and insurance, City compensation, benefits and pension, City financial consultants, and all matters related to our incidental to any of the foregoing. Over the past year, the committee was able to meet in person, several times, when quorum was established, during the ongoing COVID-19 pandemic. Their major accomplishments for the past year include, the committee was provided information regarding an amendment to at least purchase master financing agreement with Santander Bank for the acquisition of City vehicles, to pursue a draw of approximately 9.7 million for police and fire vehicles. The committee reviewed and approved the financing of the non -ad valorem special obligation revenue bonds for the FPL (Federal Power & Light) under -grounding project for 24.4 million. The committee reviewed the City's outstanding investments on a regular basis to ensure compliance with the City's Investment Policy. And lastly, the committee discussed financial matters, reviewed the City's budget and audit reports, and continuously provided recommendations to the Administration to strengthen the City's oversight of their finances. The Finance Committee currently has six active board members out of seven positions. The Board members volunteer their time to review financial matters, make recommendations, and provide ideas and input that are financially beneficial to the City. The City's finances are enhanced by their diverse extensive knowledge and experience. This concludes my report. Are there any questions? Chair King: No questions. Thank you. Ms. Paschal: Thank you. Tyrone Coverson: Good afternoon. Greetings to our Chairperson -- our Chairwoman, the rest of the Commission, the staff. Thank you very, much for the opportunity to speak in front of you. I am the Board Chair of the Liberty City Community Revitalization Board and I want to say thank you very much for having us today. It's my pleasure in the fact that I'm on two boards. The first board which I won't name, it's probably the fifth largest in the State of Florida, and we have Liberty City Trust. Both of them are very important because they serve a vital purpose in our community. The Liberty City Trust, as you see what we presented and I won't go over it, has done an outstanding job in this community, led by our management, Ms. Elaine Black. I'm also here represented by one of my other board members, Mr. Mark Stallworth. What I would like to just say is that it's not always the size, but it's the punch that the organization brings to the community. This community serves primarily two -- two specters of the community, our seniors and our youth. And we've been able, through management, to build a strong and vibrant bridge that is so important in the community that we serve. So, with that, Ms. Black, would you like to say anything? Would you like to say something? With that, once again, we thank you for the opportunity to have us here and we look forward to expanding our opportunity, expanding our funds, to be able to do a bigger and better job for the community. Thank you very much. Chair King: Thank you. Marvin Weeks: Good afternoon. Marvin Weeks, I'm the Chairman of the City of Miami Arts and Entertainment Council. My address is 2136 Northwest 8th Avenue, Miami, Florida, 33127. In our report, the Art Council recognize -- I mean the quality City of Miami Page 94 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 of art and entertainment in the City of Miami, and we are advocates, advisors, and we encourage art and cultural entertainment, participation in the City of Miami. We seek to work with artists, entertainers, and individuals who are knowledgeable of these resources in our city. We also encourage honorary members to participate. The board members are committed advocates of the arts in the City of Miami in trying to engage what's happening in this regional area. And we analyze and discuss how the City of Miami can really connect to those arts and entertainment resources. We request that - - we are requesting that the City provide and enable the board members with the resources and the support to encourage a diversity of Miami's diverse neighborhoods. We think that this is an important part of this community, the fabric of our cultural and artistic neighborhoods. And we want to try to bring that fabric together. So, we encourage your participation in helping us to bring that forth. The City of Miami we feel should brand and connect Miami Arts to Art Basel in a comprehensive relationship. There's, as we feel, no relationship with this major entity that comes to our community. And the benefits that it can do for our neighborhoods and the economic engine it can drive to help local entertainers and artists to participate. And we encourage your participation in helping us to really create some type of official relationship that as we know now does not exist. And that would definitely benefit our neighborhoods when this major entity comes to this neighborhood. The Arts and Entertainment Counsel this past year, we discussed our organization, programs, during the pandemic to try to include diversity and integrity in our community including all the different diverse people in our community who can be a part of the culture and artist venues in our community. We donated $2, 000 from our merit fund to The Motivational Edge. Our anniversary program, and that program is a program existing in Allapattah that engages, educating and empowering young people of all backgrounds in Miami neighborhoods through the creative arts and other education and development. We listened to a presentation from the Liberty City Trust, our Director Elaine Black, on the Liberty City Reimagine, an initiative that we're trying to recreate to reimagine Liberty City through the arts and culture that we think can connect it to the whole regional community and really help the economic and development of the neighborhood. So, we encourage your participation in those efforts as we move forward. We discussed resources for collaboration with artists and businesses and attractions. We invited the Greater Miami Conventions Bureau, did a presentation on how Miami multi -tourism and development can help and engage Miami neighborhoods. This presentation was hosted by Connie Kinnard, the Vice President of that agency. We discussed continuing our Arts Board with an event we do called Paint Me Miami and the Art Cafe. Paint Me Miami is an annual exhibit that showcased the images of our beautiful Miami community that we have annually. And we also have a project called the Art Cafe that connects with artists throughout or community by sitting down and eating the foods from that particular community, and artists and entertainers working together. We also approved an ordinance to make changes through the legislature for our board in several different amendments that we proposed and sent forth. That is because we're having an issue with -- and we encourage the Commissioners to consider those empty seats that are available on our board to try to have them filled. So, we have sent some proposals to be amended, some changes. And last but not least, through the post pandemic, the counsel looks forward to continuing our efforts to support artists, art education, cultural events, with an increased budget. We need at least $75,000 to fulfill some of these dreams that we want to do, and we hope that you will consider in some way. With a metropolitan city like Miami, major entities like Art Basel coming, we need some resources to do the things to reach our beautiful diverse community. Thank you, we hope that you will consider some of these thoughts that we have. Thank you. Chair King: Thank you. William Hopper: Madam Chair, Honorable Commissioners. I'm William Hopper, 527 Northeast 56th Street. I am the Chair of the Historic Environmental Preservation City of Miami Page 95 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Board which as you all know is the City's authority on historic preservation and environmental matters. I just want to briefly outline for you what the HEP (Historic and Environmental Preservation) Board has done this year, if it will cooperate. We have met ten times for approximately 38 hours and made a total of 56 resolutions including the following items: There were three preliminary designation report reviews; 17 special certificates of appropriateness for alterations to historic resources and districts; two ad valorem tax exemptions; two parking waivers for historic resources; one setback for historic resources; a waiver granting an exception to permit alcohol service establishments in an individually designated historic structure, and five tree removal permit appeals. No other city board has jurisdiction over that and so we believe that we have fulfilled the obligations that we have for you. Do you have any questions? Chair King: No, 1 don't. Thank you. Mr. Hopper: Thank you. Chair King: Do you guys have any questions? No questions. Thank you. Thankyou for your service. Mr. Hannon: Thankyou, Chair. DI.2 DISCUSSION ITEM 11463 Code Compliance Task Force A DISCUSSION ITEM REGARDING THE CODE COMPLIANCE TASK FORCE RECOMMENDATIONS FINAL REPORT. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item DL2 was continued to the April 14, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 96 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 97 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.2 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 98 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.3 6672 Office of the City Clerk BC.4 11554 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Frank J. Rodriguez ENACTMENT NUMBER: R-22-0112 NOMINATED BY: Commissioner Joe Carollo MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Todd, we're on boards and committees now? Todd B. Hannon (City Clerk): Thank you, Chair. BC.4, Bayfront Park Management Trust. Commissioner Carollo will be reappointing Frank Rodriguez. Vice Chair Carollo: Move. City of Miami Page 99 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.5 11096 Office of the City Clerk BC.6 11098 Office of the City Clerk Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 100 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.7 6958 Office of the City Clerk BC.8 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Christine King Commission -At -Large City of Miami Page 101 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.9 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 102 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.10 11435 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 103 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 104 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.12 11271 Office of the City Clerk BC.13 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 105 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.14 8267 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 106 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.15 11556 Office of the City Clerk 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: NOMINATED BY: Lesline Anglade-Dorleans Commissioner Christine King Robert Holland Commissioner Christine King Dufirstson Neree Commissioner Christine King Ashley Toussaint Commissioner Christine King ENACTMENT NUMBER: R-22-0113 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number BC.15, please see "Public Comments for allItem(s)." Todd B. Hannon (City Clerk): BC.15, Little Haiti Revitalization Trust, Commissioner King will be appointing Dufirstson Neree. Vice Chair Carollo: Move. Mr. Hannon: Sorry. Sorry, there's a couple more names. Robert Holland -- will be appointing Robert Holland, will be appointing Lesline Anglade-Dorleans and reappointing Ashley Toussaint. Vice Chair Carollo: Move. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: So that's a complete purge, right? That's like four new people. Chair King: No, it's not a complete. Ashley was a trust member and he's remaining. Commissioner Diaz de la Portilla: Before. So, it's almost a complete revamping. Chair King: Yes. Commissioner Diaz de la Portilla: Okay, yes. I'll second it. Chair King: All in favor? City of Miami Page 107 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.16 8269 Office of the City Clerk The Commission (Collectively): Aye. Chair King: Motion carries unani -- Oh, Russell? All in favor? Motion carries unanimous. Mr. Hannon: That concludes the Boards and committees. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 108 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.17 8805 Office of the City Clerk BC.18 7261 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 109 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.19 9270 Office of the City Clerk BC.20 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 110 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.21 11273 Office of the City Clerk BC.22 9549 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commissioner Ken Russell City of Miami Page 111 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 BC.23 8943 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Note for the Record: For minutes referencing Item Number BC.23, please see "Public Comments for all ltem(s). " END OF BOARDS AND COMMITTEES City of Miami Page 112 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 11082 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTY AT 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AND DENYING A CHANGE TO THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE REAL PROPERTY AT 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Public Comments for all Item(s)." Chair King: Okay. That leaves us with PZ.1 and 2, PZ.1 and 2 remains. Do I have a motion for PZ.1? Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair King: Do we need discussion? Todd B. Hannon (City Clerk): And Chair PZ. 1 and 2 are companion items? Chair King: Yes, I know. Mr. Hannon: So, the motion will be for PZ.1 and 2? Chair King: PZ.1 and 2. Victoria, please read PZ.1 into the record. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): PZ.2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 113 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: This is -- this issue is in District 5, my district, so 1 am going to hear because 1 understand we have a possible intervener request here, so I'm going to let Mr. Riley begin. William Riley: Thank you, Madam Chair. For the record, my name is Bill Riley with offices located at 1671 Northwest 16th Terrace. I wanted to begin by saying I heard that Madam Chair mentioned this may be a longer item. I'm going to try to be concise, brief in my presentation, but directive and descriptive so that the Commission understands the entire nature of the application where we started, where we finished. In order for me to do that, may I approach Madam Chair? 1 have two handouts that I think would make my presentation quicker. Chair King: You can give that to the City Clerk -- Mr. Riley: Yes Madam. Chair King: -- and hell get it to us. Mr. Riley: So, Madam Chair, this application was filed by two applicants about 18 months ago. I'm going to try to concise the 18 month history associated with this application into 10 minutes ifI can, 1 can do my presentation in 10 minutes. And as a side note 1 heard about the intervener status. I just want to put on the record that 1 don't believe they meet the legal standards of an intervener; however I do respect our neighbors. 1 do respect Mr. Kemp; I've known him for many years now and I want to waive any of those arguments related to intervener. I'm happy to support their request as intervener status. With that said, I'll move on to the application and I wanted to mention again that there's two applicants associated with this property. They have two different land assemblages. In its entirety those land assemblages include five parcels. (COMMENTS MADE OFF RECORD.) Mr. Riley: Yes, sir. Oh, that would be great. I'd like to identify the five parcels to the Commission so that you understand what the location is of the property. So, you'll see three properties highlighted in red. That's the application area. In addition to the application area, the Courtney family who purchased the property 22 years ago owns the Courtney building, which on your handout, you'll see is an elongated white building, and I'm going to have another exhibit for you -- yes, Madam Chair. That's the Courtney building. It's a two story building, it's currently zoned T5. I'll get into the zoning in a moment. Right behind the Courtney building is an existing surface parking lot. The record in your packet demonstrates that the Courtney property and its assemblage was built in 1958. So, it's been there for several decades and the Courtneys purchased it 22 years ago. To the north of that is the second assemblage. It comprises three lots. This is owned by Perpetual Love, which is -- the end users are David and Leila Centner and you'll see that that is at the corner property, the one that is highlighted in red is 4136, which is the preschool building. Over the course of the 18 months that I mentioned before, we were able to meet with our neighbors, we were able to talk to your professional staff they issued a recommendation. Both Buenavista Stakeholders Association and your professional staff recommended denial of the 4136 property. To make this quick -- a quicker presentation, as I said to the Planning and Advisory Board, we are asking to withdraw that property from consideration of this application today. Behind the property of the preschool building, is a surface parking lot and I will explain to that to a little bit of detail in a moment. Now moving on and I'm going to try to move quickly, but if l move too quickly, please stop me. Again, I want to field the Commissioners' questions which I think is most important. What I'm presenting to you currently on this board is the existing land use City of Miami Page 114 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 designations for the property. And again, there's only two properties that are under consideration today with my withdrawal, but there are the entire land assemblage on North Miami Avenue, which is a major thoroughfare, north/south thoroughfare, and in this case that runs through the City of Miami. In this case is a five -lane highway. The two existing properties that we're talking about, the two surface parking lots as I'll refer to them, are currently designated on your land use designation as duplex residential. Now you'll see to the south of the property, the south of the property has - - directly across the street from these lots, it has an abutting lot. It's not owned by the applicants. It's designated general commercial under your land use designation and a lot further to the west which we call the depth of the ribbon when I talk to clients. The depth of the ribbon is the depth from the center line of the major thoroughfare down to the center of the block. The important part of that is you're going to hear that this application may be a intrusion into residential neighborhood. I don't believe it is and 1 want to confirm to this Commission and explain my arguments of why it is not an intrusion to residential neighborhood. So, what we're asking to do is we're asking to extend the land use designation to mimic the one to our south, but not identically mimic it. We want a lower density and intensity. We're asking notfbr the general commercial, we're asking for low density, restricted commercial and that's highlighted in pink on this board. The reason we 're asking for that is because we are going to show you right now the existing zoning classification -- the proposed zoning classification. Now, the five assemblage properties that I mentioned in the beginning of my presentation and again if I'm moving too quickly, please let me know. The Courtney property is the one on North Miami Avenue is currently T5-O. That is not under consideration today, it's not being asked to change the zoning classification. It's been that way since the inception of Miami 21. That property as a matter of right can be built up to the five story limitation in the T5-O classification. Right now, it's two stories. Directly abutting that property, which is an existing surface parking lot that has been there since 1958 according to the staff's report is zoned T3-L. T3-L has a very limited use category of what you can do with property. The purpose of this application is to extend and make it eligible for the property owners to do something nicer than a surface parking lot, and also to have a surface parking lot that turns into a covered parking lot that has platting and screening. In addition to uses above, which I'll get into in a moment, but allow their occupants not to park in a surface parking lot and get through the bad weather if there's bad weather or sun and so forth. The same exact zoning classification exists to the north on Northwest 42nd Street. That's a surface parking lot that is part of a site plan at a public hearing approval that some of the Commissioners on this dais heard in 2019 on an appeal for a preschool. That's tied to a site plan. That surface parking lot and the parking that's required there is required for that operation of the preschool. It can't go away. It can continue to be a parking lot, but it could be covered. Again, we'd like to do something nicer, screening, not just a covered parking lot. In order to do that, that is the purpose and the sole reason of this application. We're asking for those properties that are T3- L to be rezoned to T4-L. Again, that T4-L would mimic the zoning classification directly to our south. So, to our south, existing under existing Miami 21, you have T5- 0 that goes up through the center of our block, it goes down south. The T4-L classification goes here and stops at Northwest 41 st Street. So, what we currently have is we have three existing land use designations and zoning classifications that at certain times conflict with each other. And I'll explain how they conflict with each other. At one time -- as a matter of right you can have a T5 building here, alive story building and under the T3-L classification you can have only three uses. One, the existing surface parking lot that's there that you don't touch it because it was existing before Miami 21, for the Courtney property. And Mr. Courtney's here in the audience and he's here to answer any of your questions. Two, a single family home or three, a community residential facility. Those are the three uses that you can have in the T3-L classification. Now what we're also asking for is we're asking for a transition in the height limitation. We're not asking for a T5 to T5 or to up the T5 to a T6. The purpose of that, ifJ can show you again quickly, is so that you don't have a circumstance City of Miami Page 115 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 where you have a five story building which is shown in this rudimentary masking scale. This is not a site plan, this is just supposed to show you volume and height of what can be built there today. The purple represents the T5 -- the existing T5 designations. And the T5 designations, as the board knows, can go up to five stories. And you can see it from different angles. Currently we would go from a T5 -- existing T5 building that could be built there today down to a two story height limitation. It's a drastic shift that would again only be a single family home or a surface parking lot. After, if we ask to rezone it what we were trying to do is we were truing to create a transition height, T5, five stories, T4, three stories at a max, no bonuses, you can't bonus in a T4, you can't get any additional height, you're not eligible for it. And then to the residential area, you go down to T3 and you get two stories. So, five stories, three stories, two stories. We thought that that was appropriate. Now I mentioned a moment ago about the different uses and the purpose of this application. 1 wanted to highlight this. This is also -- this is all in your agenda packet by the way, so if you want to refer to your agenda packet that's there. What you have in this column is you have the T3-L use classification and then you have the T4-L use classification right next to it. There're certain things I want to highlight. One, I mentioned that the Courtney office building that has been there for many years and has -- continues to be an office building since 1958. And they do have plans to improve it with the T5, but with the surface parking lot being T3, they can 't put office there today. And I'll show you. So, the blue represents each use category and under that use category is a white column and that white column is the specific uses that can go there. The office, you can see under T3 it's empty. What it means when it's empty is that you can't apply for a public hearing, you can't apply for administrative hearing, or administrative approval, you're ineligible to make that application. Under a T4 it would be permitted, offices permitted. There's other uses that are there including multi family. that would go from a not permitted use to a permitted use. Two story -- two family residence, it would go from a not permitted use to a permitted use. A dormitory for example would go from a not permitted use to a public hearing approval. And -- but the one thing I want to make sure because I'm going to talk about that in a moment, the one thing I want to make sure we all understand because some of the neighbors here today support the application as modified with the withdrawal, some of them do not. But the ones that do not, a lot of them have a concern that this would somehow impact the ability of the school, that's the preschool, to expand. I want to make sure that we understand that it doesn't. It doesn't provide any additional benefits there because under elementary school, under a T3, it's an exception which is a public hearing, under T4 it's an exception which is a public hearing. A middle school, high school, which this -- that property is not approved for, it's not large enough for, is still an exception under T3, exception under T4, and the preschool, which is what got approved and is subject to a public hearing approval and tied to a site plan. The preschool is an exception under T3, and an exception under the T4, so they get absolutely no benefit from a rezoning with regard to an educational use. Now I wanted to talk to you because I mentioned there was certain uses that -- that you could build in a T3 -- in a T4, not a T3. But some of that is academic. What I mean by it being academic is that in this particular case, each of those surface parking lots are approximately 7,100 square feet. They're 50 feet wide by 150 feet long. They're very narrow lots. If you go through and you go through the different categories, with regard to development criteria, I'm just going to run through I think what's the most important. I wanted to explain the differences. The maximum lot coverage between a T3 and a T4 goes from 50 percent to 60 percent, 10 percent increase if this application got approved, which equates to a 7,000 square foot lot to 720 square feet for building mass, 720 square feet. The maximum height would go up from two stories to three stories, one story increase. The density would go fr-om 1 unit, based upon 7,000 square feet, to 5 units, which is a 4 unit increase for residential. Again, because these properties are parking lots, they're required to service the existing uses and the future uses of those North Miami frontage buildings. My personal opinion is you can't .fit any more parking in there so you can't have residential uses. You can have City of Miami Page 116 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 commercial, which is the office, and I'll explain that to you as well. Before 1 do so, green space, 1 know is a big concern for the entire city. In this case if the application got approved you go from 25 percent to green space to 15 percent green space, which again is 720 square feet difference. The setbacks. The only setback that would be affected is a front setback. You go from 20 feet to 10 feet as a front setback from along the street. Now moving along, trying to move quick -- quicker. For the 7,000 square foot lot, with a 50 foot wide lot width and 150 foot wide lot depth, the development area is 4,600 square feet approximately. It -- before under the T3 for a single family house. If you went and you got the rezoning approved the net difference is 450 square feet and that difference is -- the total is 5,130 square feet instead of 4,680 square feet. It's a diminished -- de minimis difference in our -- in our opinion. Now I just handed - - and I'm getting to the conclusion of my presentation. I'm trying to do it quickly. We had -- over those 18 months we had extensive neighborhood outreach. 1 handed out, or the Clerk was nice enough to pass out two handouts to you. The first one is labeled Buenavista East -- I'm sorry, Buenavista Stakeholders. And there's two letters there. Those letters indicate, and there's a representative from that organization that will speak here today, that after meeting with the applicant and explaining everything, the Buenavista Stakeholders support the application as modified. Again, with the withdrawal of 4136 North Miami Avenue. If you flip to the last page, I personally went knocking on every door that was abutting us. And if you look specifically at the first signature, the first signature is a property owner -- is a property owner that abuts the Courtney surface parking lot. It's highlighted right here in green. The adjacent property owner supports the application. They were going to be here today, but we were expecting it to be later in the day. And they're not here as of now. I hope they arrive before the hearing is over. The second one on this list is Arlene McGee. She lives right next to the Centner parking -- surface parking lot. She also signed in support of the application. So, the abutting neighbors to the project., the ones that would be the most affected, both support the application as it is presented, with the withdrawal, just like the Buenavista Stakeholders. Now the second handout 1 presented is talking about -- is my answer to allegations of intruding into residential community. And I think that this is important. The first picture, and Mr. Kemp, if you - - do you have a copy? Ulysee Kemp: Not of that, no. Mr. Riley: Okay. I think we have extras, so I'll get you a copy. Yes, sir. That's it. Thank you so much. I just wanted to make sure he has a copy and could follow along. So, what you're looking at on the first page is the preschool building in 2015. It was a surface parking lot. Beyond that surface parking lot, you'll see a white building that has graffiti on it. That building was where the surface parking lot is today for the school. If you turn the page, you'll see a close up of that building. That building was an unsafe structure, you can see it boarded up. The Centners purchased that property for additional parking for the preschool and demolished that unsafe structure and that's from 2015. If you turn the page again, you'll see what the properties look like today. The white elongated building is the Courtney property and the blue building is the preschool building. The last page on that handout shows you, even though it's screened by a Ficus hedge, it shows you that surface parking lots that we're talking about. Now to conclude, Madam Chair, I wanted to indicate that what we're trying to do is we're trying to create uniformity. We're trying to create a transitional zoning, one that makes sense, one that's supported by good urban principles. We go from more intense to a transition to a residential neighborhood. In my humble opinion, I think that's how you protect a residential neighborhood by that transitional zoning. We're mimicking the same -- exact same zoning classifications that are to our south. What we're not seeking to do is we're not people that bought a home and demolished a home and are asking to rezone it. We're not displacing any residents. These -- one of -- the Courtney's property has been a surface parking lot since 1958. We're not seeking to intrude into the residential area because we are not seeking to take a house City of Miami Page 117 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 that was there previously. Again, the Courtneys bought it 22 years ago, parking lot was there since 1958 and seeking to change that use. What we're trying to do is to ask for this Commission to grant us the eligibility to move forward with a development plan that allows us to do something nicer than a surface parking lot. That will require covered parking and on the upper two floors would be the office that spoke about. Now Mr. Courtney's here to answer any of your questions and with that hopefully I didn 't take up too much of your time I will conclude, Madam Chair. Chair King: Thank you. Mr. Ulysee? Mr. Kemp: Good evening, Commissioners and City staff. Some of the things that I was listening to 1 agree with, but they said that they did not knock down a building to create a parking space. Mr. Courtney did not, however, the Centners did, and they did knock down a building and created a parking space from a T3. And that T3, because the City allowed them to extend it as a special exception and allowed them to use it as a parking surface, because T3 is not zoned for parking, they gave them a special exception in order to do that. And they said at that time that they were not going to be requesting a zoning change because it was not a requirement, they didn't need it to utilize the property for what they needed to use it for, which was additional parking. However, that was 18 months ago, almost two years or whatever, and now even though they withdrew it at that time, the attorney now is submitting an application Ibr that exact same thing that they said they did not require. And that's the Centner property which is 20 Northwest 42nd Street. The other thing was the attorney mentioned some of the different uses but there was one on here that was -- there were a couple on here that I was very concerned about and that was the bed and breakfast. Which, again they can put a bed and breakfast there and he didn't mention that part of it to you, but it is allowed by right. And the other thing is the -- with an exception, they can put an alcoholic and beverage service establishment there with an exception. But it is something not allowed at all in a T3, but in a T4 it is allowed. These are -- he kind of selectively picked the things that he thought would be most beneficial to you here. Buena Vista Heights Neighborhood Board Association members along with the President of Buena Vista East Historic Neighborhood Association met with the applicant and his attorney on Sunday, March 6th. The purpose of this meeting was to come to some kind of compromise on the request to change residential zone from T3-L to T4-L. And that was property at 19 Northwest 41 st Street and 20 Northwest 42nd Street. Both of the applications were denied unanimously by the Planning and Zoning Board. They recommended -- and not only did they recommend, they denied, 8-0, for this upzoning. We're recommending that these items are denied by the City of Miami Commissioners also. No legal or moral reasons can justify any upzoning of these two applicants. Please protect the residents and not set precedence for so many other developers to try to capitalize financially on the backs of the City Commissioners allowing them to cash in on an immediate cash profit by changing the residential zoning to commercial. This is not what Miami 21 was designed to do. Please keep the intent of Miami 21 and protect the families from the greed of developers, allowing the residents to have quiet and peaceful enjoyment of the place we call home. The other thing is that the Planning and Zoning Board, they had a problem with the signatures that Mr. Riley said he collected. One of them particularly, the first one that he mentioned, was Karen Ryder, that person does not live at that address that he pointed out. If I'm not mistaken, that's a real estate investor that owns that property. There was so many other things that the Planning and Zoning Department went through and picked out on this thing that they just unanimously denied it. And the other thing is that I spoke with Mr. Courtney himself and he said that he was intending to put a five story, building. However, you can't put the five story building unless you have adequate parking to allow them to do that. And that's one of the reasons why I think we're here today asking for a zoning change. We do not have a five story building anywhere in the Buena Vista Heights neighborhood. Nothing that goes that high. You can go as far as 36th Street all the way to 54th, Miami Avenue to Northwest 2nd City of Miami Page 118 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Avenue, you will not find a five story building Buena Vista Heights neighborhood. And the other thing about the transition, you know, there's two ways to look at a transition. If you've got a T5 and you're using a parking surface that could very well be a T4, why don't you just make that T4 and keep the T3, and you have that same transition? Why do the neighbors, the residents, have to suffer because you want to change something and make it from residential to commercial? The only thing 1 could see is greed. And the other thing is that Mr. Courtney made it very clear that he was interested in passing the property on to his kids, or, whomever else may own it, which means that there's a possibility that he may not even keep this property. And the zoning change, again, would be for a very profitable means for that property. There's so many different reasons that it just doesn't make any sense to change this T3 to a T4, and especially on the Centner side which is the 20 Northwest 42nd Street. They already were given special exception in order to use it for parking and said at that time that we will not be requesting a zoning change, didn't need it, wasn't required. Why are they here today asking it? And the T3, T4 on the parking? That surface, Mr. Courtney himself since he acquired the property did not knock down a house and did not change the surface on that. Well, the surface was changed but Mr. Courtney didn't do it. That was done before Mr. Courtney bought it. It was a house there, it was knocked down, and when Mr. Courtney bought it, they were already utilizing it for parking but they later on resurfaced it and made it a very nice looking parking area. Again, if they're already utilizing it for what they want to use it for and they feel that it's something that they can benefit from, why change the zoning? Chair King: Are you finished, Mr. Ulysee? Mr. Ulysee, are you finished? Mr. Kemp: 1 would ask that you guys follow the same trend as the Zoning -- the Planning and Zoning Department, and recommend highly that you deny this process glop -zoning which is totally unnecessary. Thank you. Chair King: Okay. Mr. Courtney, would you like to say something? Please? Henry Courtney: Thank you. My name is Henry Courtney, my wife and I own the property and we've owned it for all that time. We have four kids who live here. I'm 81 years old and I'm about ready to turn it over to my kids anyway. I think they're going to continue owning it just the way we've owned it and we'd like the opportunity to be part of it. Before Igo any further, I wanted to say something really dear to my heart. My father was a Pan Am pilot and he actually flew out of this very place. So, I thought what a nice opportunity for me to get up here and say something about that. Anyway, our family is very close-knit on what we do with real estate. Our long range plan would be to eventually build a five story building there. Rather than have underground parking or some other way to do it, I think it would be better to have like a two story or a three story portion in the back on that 50 feet to be able to park cars. Oddly enough, my wife is in the furniture business, the decorating/design business, and she wants to keep things going nicer and nicer. And she grew up on Northeast 73rd Street and she's always said, oh, I'm looking forward to the northeast coming back again, conning back again. And we're hopefully part of that coming back again. And one of my kids is a contractor and he worked for the company that did the Design District. And his wife who is an architect, worked for the architecture company that did the Design District. And we consider ourselves as part of the Design District because we're across the street and we always thought we were in the Design District. Anyway, whatever we would do with the property, I can assure you that it would be a beautiful change to the property and make it nice for the community and nice for the neighborhood and not a deficit to the neighborhood. So, I hope you would give us the opportunity to have that. Thank you. Chair King: Thank you, Mr. Courtney. Ma'am? City of Miami Page 119 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Lorena Ramos: Honorable Madam Chair and Honorable Commissioners, my name is Lorena Ramos. My address is 20 Northwest 45 Street. I thank you for allowing me to speak. About two years ago we did come before the PZAB (Planning, Zoning and Appeals Board) on the school use all united as associations. And the PZAB voted against us, and they approved the school use as well as the Commission. We come now, Buena Vista stakeholders, really viewing everything more realistically. The fact of the matter is, is that this particular parcels, which are small, immediately across the street we do have the T4-L. Next to my home on 45th Street is T4-L as well. So even I think it was six years ago we had asked the City Planning and Zoning to come and do some type of study in our neighborhood to be able to stop the zig-zagging of all these different zoning classifications. It never happened. They did come to one of our meetings. We are the only association that held a community meeting. And that is detailed in our letter to you all. As well, Commissioner Reyes is not here right now, but 1 did want to also echo what he says about transparency. I did meet the Centners one time at a public meeting on the school use and I've never met Mr. Courtney. So that's just for transparency. Also, as an association, we work as volunteers, we do not collect any dues, and we receive no compensation. So, all we're seeking is to make this a bit more unified as well. The neighbors that abut do agree with the change as well. And also, the one across the street, Julio Viagas -- if you have any questions, I'm more than happy to answer them. I'm going to be leaving, I have to pick up my son -- Chair King: That's fine. Ms. Ramos: -- but if you have any questions I'm here for the next five minutes. Chair King: So, you are in favor? Ms. Ramos: And so we are in favor, Madam Chair. Chair King: You are in favor, okay. Ms. Ramos: Thank you so much. Mr. Riley: I just wanted to do a rebuttal, a brief rebuttal. Some points were raised by Mr. Kemp; I'd like to address those. First of all, he said that a bed and breakfast would be permitted under the new zoning classification if this board decides to rezone the property, approve the application. We have no intention of doing a bed and breakfast. We would be happy with a condition in the resolution that doesn't permit bed and breakfasts. Same with alcoholic uses. We have no intention of doing alcoholic uses. We're happy to accept a resolution condition if this board has the will to do it, that doesn't permit those uses. Planning and Zoning Board. So, over the 18 month course of this application we earned your staffs support for the surface parking lots. They said it complied with all your requirements and it was proper to be rezoned and they recommended approval of it. And we had to answer a lot of questions, traffic, and other questions for them, and we were able to earn their support. We were able to earn the support of the Buena Vista Stakeholders Association. Even Mr. Kemp said that the Courtney property, he has less concern with -- with regard to the Centner property. Now the Planning and Zoning Board did recommend denial of us, unanimously, and we got slaughtered at the Planning and Zoning Board. And the Planning and Zoning Board, the whole questions were revolving around the Centners and their conservative use. And I know that some people may have very conservative views, some people may, have very liberal views, I have my own views. But I don't think that the merits of an application should rest upon those types of comments, where it got into even name calling. Now lastly, Madam Chair, is that Mr. Kemp said that one person at the PZAB questioned my signatures. She did. And I brought a copy of the Property Appraiser's Report for the property right next to Mr. Courtney's' property. It is owned by 27 Design LLC, it says care of Karen Ryder. Karen Ryder's' City of Miami Page 120 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 the person that signed the petition. She is the owner of the entity that owns it. The entity did not sign because the owner of the entity signs. So, l just wanted to address that. Madam Chair, 1 think we've done a lot of work on this application. 1 spent a lot of work on this application. I think it's a good application, it's supported by your professional staff. I will continue to work with our neighbors if this is passed on first reading between now and second reading. Again, we're happy to accept any type of restrictions because all we just want to do is make something nicer than a surface parking lot and not have the surface parking lot continue there in perpetuity. And that's all we're asking for. So, we think it's a good application, we ask you to follow your professional staffs recommendation, and to support the application on first reading with the understanding that I'm going to keep talking with Mr. Kemp. Chair King: Okay. Well, I did check with the -- Ms. Karen Ryder, 1 had staff call her. She does not live in the property, she's leasing the property, but she does own the property, so I understand that. And I understand that when you came before with the Centners you said that you wouldn't come back and ask. Is that correct? Mr. Riley: No, no. I want to be very clear about that. Because I may have a lot of faults, but the one thing I am not is a liar. And I came on that application and at that time we asked for a rezoning because we were going to ask for more children. And it was ultimately approved. There was a lot of controversy in the papers and everything else at that time about the application. I withdrew that rezoning. I asked for a waiver of the 18 month period in order to file this application, which was granted. Never did I say that we weren't going to come back and ask to improve the surface parking lot, I said I'm going to take it out of the consideration of this application. And the Commission didn't approve the number of kids we asked for, they approved a substantially lower number of kids we asked for. So, I just want to make sure, Madam Chair, the one thing I am not is a liar. And I would not mislead this board or our neighbors. I did not say that, never said that, and if I did, I would not be here. Chair King: Okay. Vice Chair, do you have any comments? Cesar Garcia -Pons (Director, Planning): Actually, Madam Chair, I have some corrections, if I may. Chair King: Okay, go ahead. Mr. Garcia -Pons: So, there was one thing that Mr. Kemp said at the end of his presentation, that the Planning and Zoning Department recommended denial. For clarity, we have the partial approval/partial denial. He might have meant that the Planning and Zoning Appeals Board recommended denial. That's for clarity. Chair King: Okay. Mr. Garcia -Pons: And then two points' of order. One is the applicant mentioned they didn't have an interest in developing bed and breakfast or alcohol services establishment, but that doesn't mean anything unless there's a covenant attached to it. So, if that is the intent, we would require a covenant from the applicant to exclude those. Mr. Riley: And if the board would like me to do a covenant before I come to second reading, I will do that covenant if that's what they would like for me to do. Chair King: Okay. Mr. Garcia -Pons: So that's now on the record, we will have it before second reading. City of Miami Page 121 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Okay. Mr. Garcia -Pons: And then the third thing, ma'am, is there was an intention to withdraw one of the parcels from the application. Currently that's the one that the City Planning Department is recommending denial of Chair King: Right. Mr. Garcia -Pons: So, the outcome of the vote, whether it's to approve the legislation as is before you today or withdrawing the item is the same, that particular parcel may not come back to this board for 18 months. Chair King: Okay. Mr. Garcia -Pons: Thank you, ma'am. Chair King: Okay. So, it is clear that you are withdrawing -- Mr. Riley: Yes, ma'am. Chair King: -- that parcel. Mr. Riley: And we are not asking for a waiver of the 18th month. We're not coming back. Chair King: And you'll come with a covenant that you won't have alcohol or a bed and breakfast? Mr. Riley: Madam Chair, I'll do that at a minimum, but 171 also work with Mr. Kemp, and there may be more items in that covenant. Chair King: Okay. Mr. Riley: But I will do that at a minimum. Chair King: Okay. Do I have a motion? Mr. Hannon: Chair, it was moved by Commissioner Reyes, seconded by Commissioner Carollo at 4:32 p.m. Chair King: Okay. And we need to read this into the record. Mr. Hannon: The titles were read into the record at 4:31 p.m. Chair King: Okay. Mr. Hannon: But, Madam Chair, just for clarification, as is. Vice Chair Carollo: With the conditions stated here. Commissioner Reyes: With the conditions. Mr. Hannon: Well, I think that's between the first and second reading. Chair King: No, no, no, withdrawal today of -- Commissioner Reyes: Yes. City of Miami Page 122 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Right? Commissioner Reyes: Right. George Wysong: So, for -- it's just a technical issue, George Wysong, Assistant City Attorney. If you were to do -- just vote it down, because the legislation reads approving the rezoning and the land use change for the two parcels and denying for the other one, that action would be consistent. The 18 months inability to come back is the same for a withdrawal or for denial. So, the applicant wouldn't be harmed by that language. I was just speaking to the Planning Director, if we were to withdraw that portion of this item, it's kind of difficult because the legislation has two parts, you know, approving and denying. Chair King: So, if we -- Mr. Wysong: So, it would be better off if you just voted on it as it is which is approving the two parcels -- Chair King: And denying -- Mr. Wysong: -- and denying the one parcel. Chair King: Okay. Mr. Wysong: Versus trying to withdraw -- Chair King: I understand. Okay. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: Yes. It is your district and you have heard everything and I know that you have done extensive analysis of this area, and you're very concerned about your -- the neighbors, I just want to know how do you feel about this? Chair King: I am comfortable with moving forward, first reading, with the assurance that we will get the covenant before second reading and that you will continue to work with the residents. Mr. Riley: You have my word, Madam Chair. Commissioner Reyes: Call the question. Mr. Garcia -Pons: Madam Chair, there's one more piece of information. Since we continued -- we hurried and continued this item to today, the second reading is in two weeks, so the covenant would have to be in substantial completed form and approved in two weeks. Mr. Riley: If -- Mr. Planning Director, if you think more time is appropriate, I'm happy to extend the second reading to an additional date if -- I know staff needs to review it. I'll draft it quickly, butt don't want to put undue pressure. Mr. Garcia -Pons: You can see the Assistant City Attorney nodding his head so I think additional time would be helpful -- City of Miami Page 123 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Riley: Okay. Mr. Garcia -Pons: -- but it's already noticed for the next meeting so we would have to Chair King: I could defer it. Mr. Garcia -Pons: -- continue it or defer it. Chair King: 1 could defer it. Mr. Riley: Okay, well agree to a deferral. PH be here at the next meeting, but well agree to a deferral. Chair King: Commissioner Russell? Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: And for the record, that's as is. Chair King: Yes, with -- Commissioner Reyes: With the covenant. Chair King: The covenant comes -- Mr. Hannon: The covenant's coming in second reading. Chair King: -- second reading. Commissioner Reyes: Okey-doke, okay. Chair King: So, this was -- we approved in part and denied in part. Mr. Garcia -Pons: Yes, ma'am. Chair King: Okay. Mr. Riley: Thankyou, Madam Chair, thank you Commissioners. Vice Chair Carollo: Madam Chair, could we -- Ms. Mendez: The item is not approved with any changes at this time. Chair King: Right. Ms. Mendez: They will bring a covenant fir the next one. Chair King: Yes. Mr. Riley: Thankyou, Madam Chair, thank you, Commissioners. City of Miami Page 124 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PZ.2 ORDINANCE First Reading 11083 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L," SUB- URBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND DENYING THE APPLICATION FOR ZONING CHANGE FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 NORTHWEST 42 STREET FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.2, please see "Public Comments for alilteni(s)" and Item Number PZ.1. City of Miami Page 125 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PZ.3 ORDINANCE Second Reading 10811 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO AMEND THE DEFINITION OF THE TERM "PARKING, TANDEM" AND TO CREATE REGULATIONS FOR CITY OF MIAMI OWNED LOTS LOCATED WHOLLY WITHIN A T5, "URBAN CENTER TRANSECT ZONE," AND/OR T6, URBAN CORE TRANSECT ZONE," WITH A QUALIFIED DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14055 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.3, please see "Public Comments for allltem(s)." Chair King: Thank you. We are now on the PZ (Planning and Zoning) items. PZ.1 and -- PZ.1, take up PZ.1. Commissioner Diaz de la Portilla: Do you want me to move it? Victoria Mendez (City Attorney): Chairman? Chair King: I mean, wait a minute. Ms. Mendez: Chair, we're not doing -- well I think we did. Did we do DI. 1 ? Todd B. Hannon (City Clerk): It's time -- Ms. Mendez.: Or we were doing that at 5: 00 p.m.? Mr. Hannon: Correct. Chair King: That's a time certain. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Is it a time certain? Chair King: DI.1. We can go back to your item before PZs. You said you wanted to hold it last. Vice Chair Carollo: No, let's do the PZs. Chair King: You want to go to PZs? City of Miami Page 126 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: Let's do the PZs, yeah. Chair King: Okay. Commissioner Diaz de la Portilla: That's DI.2, right? Chair King: What; that's time certain? Commissioner Diaz de la Portilla: Yeah. What's time certain? Chair King: The boards, the board reports. Commissioner Diaz de la Portilla: Oh, the board reports, okay. Chair King: It's only one DI (Discussion Item), right? Commissioner Diaz de la Portilla: There 's two, D12, discuss co -compliance task force report. Chair King:: Oh. Wait, did I pass it? Did I miss that? Commissioner Diaz de la Portilla: I'm sorry. I'm sorry. Chair King: It was deferred. Commissioner Diaz de la Portilla: I apologize, yeah. Chair King: You're confusing me. Commissioner Diaz de la Portilla: Yeah, no, you're good actually. You're better. Chair King: Okay. So, you want to wait for the SR (Second Reading) until -- Vice Chair Carollo: Yeah, let's -- yeah, we can get into PZ.3 if you want or PZ.4 if you didn't want to do PZ.1 or 2 now. Chair King: Okay. Commissioner Diaz de la Portilla: Unless you want to move PZ.1 and 2? Chair King.: That's not going to go fast. Commissioner Diaz de la Portilla: No? Okay. Chair King: Let's do PZ.3. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Okay. Chair King: A motion. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Second. City of Miami Page 127 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Any discussion? Okay. Iris? Iris Escarra: Hi, good afternoon, everyone. Iris Escarra, offices at 333 Southeast 2nd Avenue. The only thing I wanted to add if possible that applications -- so the Code applies only to City property, however, they're changing the definition of tandem, which does impact some projects. So, all we would ask is that it have vesting language. So, if you had a complete application in e-plan, in process with the City, that would not be impacted. Anybody else -- Vice Chair Carollo: I agree. Commissioner Diaz de la Portilla: I agree with that. Vice Chair Carollo: 1 agree with that. In fact, 1 think that would be -- have to be part of it. Ms. Escarra: Right. That's the only thing we're asking for if it could just vest -- if you have a complete e-plan number, deemed complete. Vice Chair Carollo: All right. I include that addendum. Do you have that, Mr. Clerk? Mr. Hannon: Yes, sir. Vice Chair Carollo: Is it okay with the seconder? Well, no, you actually made the motion, Commissioner Diaz de la Portilla, 1 second. Commissioner Diaz de la Portilla: Yes, sir. Chair King: All right. Vice Chair Carollo: Okay, so, all right, it's fine with both of us. Ms. Escarra: Thank you very much. Commissioner Diaz de la Portilla: Yes, sir. Chair King: All in favor? Mr. Hannon: Chair? Commissioner Diaz de la Portilla: Aye. Ms. Mendez: Hold on. I'm trying to clarify the amendment. Chair King: I know, Todd, I know. Ms. Mendez: I don't understand the amendment. Commissioner Reyes: I want to clarify one thing here and I want this to be clarified. When it says City property that means that any property within the City of Miami could go from T5 -- or could have any increase in density and height, right? Cesar Garcia -Pons (Director, Planning): Owned by. Commissioner Reyes: Huh? Mr. Garcia -Pons: Owned by. Owned by the City of Miami. City of Miami Page 128 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Only -- Chair King: Owned by the City. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Garcia -Pons: Owned by the City of Miami in T5 and T6. Vice Chair Carollo: Only owned by the City ofMiami. Commissioner Reyes: Owned by the City ofMiami? Mr. Garcia -Pons: Yes, sir. Chair King: Yes. Commissioner Reyes: Any property owned by the City of Miami? That is that if we have like -- and I want to know this very clear -- there is one of those properties that the City, of Miami obtained because of whatever reason, people didn't pay the taxes, whatever, whatever, or didn't pay the fines. That's when it's owned by the City of Miami then this will apply to that property also. It doesn't matter whether that property is -- Vice Chair Carollo: Well, no, it would apply if you want to build affordable housing there. Commissioner Reyes: But then if it is, for example, across the street from my house, there's a house that probably will be owned by the City ofMiami if they don't comply what they have to comply so that property over there could go to a six story high because the City ofMiami's make affordable housing there? Vice Chair Carollo: Well, right now -- Commissioner Reyes: Right there in the middle of a neighborhood? Vice Chair Carollo: Right now T5s. Commissioner Reyes: It's going to be only T5s? Vice Chair Carollo: Yeah. When a T5, which is only what we're looking at -- Commissioner Reyes: Okay. Vice Chair Carollo: -- could legally go, with the bonuses, to eight stories. Commissioner Reyes: To eight stories? Mr. Garcia -Pons: T5 and T6, sir, T5 and T6. Commissioner Reyes: T5s and T6? Vice Chair Carollo: Yeah. Commissioner Reyes: And it doesn't matter if anything on the side it is T5 only or T4s and we can build a eight story building in that area, which will stick out -- I mean would be totally different and the neighborhood will be changed. City of Miami Page 129 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: That's the Code in Miami 21; isn't it? Mr. Garcia -Pons: So, the differences in the height for a T5 zoned property the maximum height is five stories. Commissioner Reyes: Five stories. Mr. Garcia -Pons: For a T6 property it's eight plus possibly four for bonus. Commissioner Reyes: That's right. Vice Chair Carollo: Yeah. Mr. Garcia -Pons: What this will allow is in a T5 parcel it would not be limited to five stories, it would be limited to 125 feet. Commissioner Reyes: That is my only concern because we are not going to be here forever and anybody comes on could come to any place and I mean, using this, you see, it will go to 12 stories in a place that you only have T5s. Commissioner Diaz de la Portilla: Twelve stories. Vice Chair Carollo: But if you -- Commissioner Reyes: You see that's my only concern. Vice Chair Carollo: But it would only be the City Commission using it, frankly, to build affordable housing. Commissioner Reyes: Yes, sir. Vice Chair Carollo: So, it would be our own. Commissioner Reyes: But we -- we need affordable housing, but in order to build affordable -- I mean, to build affordable housing, we cannot -- we cannot change the - - the neighborhood or the way that that neighborhood looks. You see, if we're going to build -- Vice Chair Carollo: Let me -- Commissioner Reyes: -- if we're going to build a 12-story building in a T5 or T4 -- a T5 at an area that most of the stories -- I mean, most of the buildings in that area are T5 or less, then the integrity of that neighborhood would be totally destroyed. Vice Chair Carollo: Madam City Attorney? Commissioner Reyes: And that is what I am afraid. Vice Chair Carollo: Madam City Attorney, let me ask the following question because in the 8th Street Corridor that's the one that I think you're concerned with. Commissioner Reyes: I'm more concerned about Flagler. Vice Chair Carollo: Flagler. Commissioner Reyes: Flagler and (INDISCERNIBLE) district. City of Miami Page 130 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: All right, when you get -- Commissioner Reyes: And 8th Street. Vice Chair Carollo: When you get into Flagami, which is where Commissioner Reyes has concerns, before Flagami on my Little Havana side of Flagler, 7th Street, 8th Street -- actually, not 8th Street because 8th Street is zoned for 12 stories -- Commissioner Reyes: Yes. Vice Chair Carollo: -- which 'frankly think is too high for 8th Street, but that's besides the point. It's for another time to talk about that. We have quite a difference -- Commissioner Reyes: Yes. Vice Chair Carollo: -- from one to the other. Certainly, my area can hold a floor or two more than the concern that he's showing for his area because his area is strictly, basically, residential where my area in District 3, Commissioner Diaz de la Portilla 's areas, are higher density already. Can we take his area out? Commissioner Reyes: Carve that out? Vice Chair Carollo: Carve it out or not? Ms. Mendez: We have not explored that. I mean, 1 didn't. Maybe Planning did, but it would have to be a particular reason as to why and we have to do those -- why any particular area would be excluded. So, I don't think that we've explored that. Vice Chair Carollo: Okay. Well, all 1 can do is, Commissioner, give you my word that as long as I'm here and you're here, I will abide in something like this to your wishes in your district to protect it. Frankly, the day we're not here, whether you would like it or not or whether I would like it or not, whatever part of the jungle we clear is going to be overtaken immediately again. Commissioner Reyes: Okay. But I don't want to leave the toil -- the field already tilled for them. Okay. But I did ask that question if we could be carved -- you see, you can carve this out. Because I do understand, I do understand what you're saying and I agree, you see. Your area, it is coming at -- I mean, development in that area, particularly the one that you want to develop, it is coming, it is coming and it is going to be I will say T6 and --eight floors or something like that. Twelve, it is too much. Let's limit it to -- I mean, how high are you going to go? Vice Chair Carollo: The maximum that I would go depending on what side of the street it is would be 12. In this particular one, I'm looking at 12. See what I'm looking at is to try to build something that you don't have it all the same height. That you could lookfrom 8th Street and you're looking, you know, each block it goes a couple of stories more. Commissioner Reyes: Okay. Vice Chair Carollo: So that it's in a pyramid. Commissioner Reyes: But if you start -- if that happens, then it could happen on 8th Street on that side, you 're going to go like this, you see. Vice Chair Carollo: Well -- City of Miami Page 131 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: That is -- that is what is happening. Vice Chair Carollo: I will say this to you, vote no on this and sit with the City Attorney, with Planning, and if they could do what 1 suggested, bring it back and I'll support it. Commissioner Reyes: Okay. Madam City Attorney, I guess that you -- you stated to me that there's a probability that we could carve this out? Ms. Mendez: So, what I was -- that was different legislation. It was a different one that had to do with proximity to the density of buildings. It was a huge building that was going to come for affordable housing. That was separate legislation, and we were trying to figure that out. This, unless we -- if we could bring this back for second reading and then just talk about it with the Planning department -- Chair King: Or -- Vice Chair Carollo: I need this voted upon. I believe the votes are here. We need housing. This project is ready to go, and we 've got others that are ready to roll besides this one. Some are not going to be 12 because of where they're at, some will be 10. But the number one priority we have in the City is truly affordable housing. 1'd like to leave here leaving a little bit that we accomplished for our residents in affordable housing. So -- Ms. Mendez: So, if we could pass on this item and 1 could try -- honestly this is the first time this conies up on this issue. Vice Chair Carollo: I -- Commissioner Reyes: I want to -- Vice Chair Carollo: I will call the question -- Commissioner Diaz de la Portilla: I'll second that. I don't think we can pass on it. Commissioner Reyes: Okay. Let me -- I just want to make something clear. Chair King: Wait, wait, wait, wait, wait. Wait a minute, wait a minute, wait a minute. Okay. Commissioner Reyes, two minutes, two minutes. Commissioner Reyes: No, I don't extend myself like certain people here. Listen -- Commissioner Diaz de la Portilla: He's talking about you, Commissioner Carollo, not about me. Vice Chair Carollo: No, no, he's talking -- Commissioner Diaz de la Portilla: No, he's talking about you. Vice Chair Carollo: He's talking about Russell. He's talking about Russell. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Russell. City of Miami Page 132 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Both of you. I want to make -- for the record 1 want to make this perfectly clear, you see, I am --1 am all for affordable housing. As a matter of fact, 1 am breaking ground on building homes -- homes, single family homes that they are -- I mean, they're going to be totally affordable for families. I own -- I don't own, the City -- the City owns in my district that we purchased a lot on Flagler Street that I could use this, which is T5, I could use this and bring eight stories in, but that will stick out in that area like a sore thumb and it will really destroy the integrity of the neighborhood, you see. I'm not saying this because I am against affordable -- I am all for affordable housing and that parcel, that lot, is going to be developed. I'm looking Jrothe funds that we almost have it and that is going to be developed, you see. I'm not doing this out of capriciousness or anything. It is to protect the integrity of the neighborhood. I am building affordable housing, and we need affordable housing, but I'm not going to build affordable housing and destroy the integrity of the neighborhood. And that is it. Chair King: Okay. Vice Chair Carollo: This reminds me of -- Chair King: Vice Chair? Vice Chair Carollo: -- the people that -- Chair King: One second. Commissioner Russell wants to speak now. We haven 't heard from him this afternoon. Commissioner Reyes: He's being too quiet. Are you feeling good? Commissioner Russell: Soaking it all in, taking it in. I like to listen more than I speak, you know that. Commissioner Diaz de la Portilla: It's been a tough week. Chair King: Go ahead, Commissioner Russell. Commissioner Russell: So, question for the Planning Director and maybe for the sponsor, so if a T5 can go up to 125 feet under this ordinance, that's more than double what's allowed currently in T5 in the West Grove. And we have some City properties there where that could apply that could be T5 properties. Would this prevail over the existing NCD (Neighborhood Conservation District) that's there, that caps at 50 feet heights and 60 feet heights? Mr. Garcia -Pons: So, I don't know. I'd have to see which language overrides in the NCDs. The NCD might have language that precludes it, but this is City owned, in the City, so I could take a look at. Commissioner Russell: If it's deferred, I'll look into it deeper; but if it's not I'd have to be against it at this point just because of what it could do to the West Grove in terms of that, exactly what Commissioner Reyes is talking about because we're looking for affordability too, but we have to honor that neighborhood character. Vice Chair Carollo: Well -- Mr. Noriega: Madam Chair? Commissioner Diaz de la Portilla: What part of the West Grove? City of Miami Page 133 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Wait, I'm sorry. Hold on, hold on. Commissioner Diaz de la Portilla: I'm sorry. It's a question. Chair King: He started. No, he started -- Mr. Noriega: For purposes oj'just painting a broader picture here and putting some color on this, the whole definition of City -owned property means that any of these projects that want to come through and be built, if they want to that scale would have to come to the Commission for approval anyways. Commissioner Diaz de la Portilla: Of course. Mr. Noriega: So -- so if -- example, if Commissioner Reyes has a concern over a project in Flagler Street, right, and he's going to give clear direction, hey, I don't want a 12 story building there, I don't even want any story building there, I don't want it higher than 5 stories, it's going to come through this Commission for approval because it's going to be a City project. Commissioner Diaz de la Portilla: Of course. Mr. Noriega: So, you ultimately control the height and the scale of it. This just allows for that as an option. Commissioner Diaz de la Portilla: But doesn't Commissioner -- doesn't Commissioner Reyes represent the West Grove now, or tomorrow, or some point? It's a question. There will be a sliver of it, right? Commissioner Reyes: (INAUDIBLE). Commissioner Russell: Good thing we're in agreement then. Commissioner Diaz de la Portilla: So right now, in redistricting we can't really claim any particular area, right? Commissioner Russell: Well good thing we're in agreement. Whichever one it is -- Chair King: Well, that's -- also this would be -- because City owned lots, wouldn't it be the District Commissioner's decision on what happens with the City owned lots in their district? Commissioner Russell: Oh, we wish. Commissioner Reyes: (INAUDIBLE.) Commissioner Diaz de la Portilla: Its deference. It's deference more than just -- Commissioner Russell: There's no deference here. Commissioner Diaz de la Portilla: Well, there should be deference, but no. Commissioner Russell: There should be, you're right. Commissioner Diaz de la Portilla: There are big issues, like, you know, Melreese or Morningside, things like that that are really City wide projects, but there's some deference to minor projects. I think this is a big deal, so I think it goes beyond district boundaries. I think it goes beyond district boundaries. City of Miami Page 134 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: This reminds me those people that always say (INAUDIBLE) you want to build affordable housing, but you don't want to give the opportunity to make it affordable. (INAUDIBLE) -- Commissioner Diaz de la Portilla: Absolutely. Vice Chair Carollo: -- (INAUDIBLE) affordable. Each of us can decide within our district what we want to build. I understand your district, Commissioner is more residential and that's why you want to build there. I applaud you for that because it's a different character areas that I have. In the areas that I have if I'm going to start building affordable residential, I'll be lucky ill can build 15, 20 homes, real lucky. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: I'm not going to make any kind of a difference. What I'm trying to do is build projects that can build 80, 100, 120 units that can build enough of them that can make a difference. I have projects like I said to you a little while ago that are ready to go, that will make a difference in affordability, but ifI have to limit them, they're not going to be anywhere near as affordable. These again are only for City of Miami owned lots to build affordable housing whether to own or to rent. You can decide if you don't want certain areas of your district to build any, that's your prerogative. Commissioner Reyes: May I -- correction -- let me correct you again. It doesn't mean that I don't want to build. Vice Chair Carollo: No, no, I'm not saying that. I'm not saying. Commissioner Reyes: I'm building and what I'm saying is this, because I'm going to repeat again -- your district has a different characteristic, there is -- particularly the area that you want to build. The area that you want to build, my concern is that one, we adopt this it is City wide and areas like my district that is residential could be affected and that's -- and the integrity -- Vice Chair Carollo: You're not going to build there. Commissioner Reyes: Well, I'm going to build -- I have land to build. I'm not going to use that, but what I'm looking is into the future, okay? And you said, well, well, it could not happen. Vice Chair Carollo: Well -- Commissioner Reyes: The only thing that I'm asking is to find a way to carve it out. That's all that I'm asking. Vice Chair Carollo: And what I'm asking is -- Commissioner Reyes: I vote for you to do it tomorrow. Vice Chair Carollo: What I'm asking is that need to pass this so that can get moving on that, otherwise I can't. Commissioner Reyes: Okay. Then let's -- Vice Chair Carollo: And each month that I wait, the price of construction keeps going up and up -- City of Miami Page 135 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: Okay, okay. Vice Chair Carollo: -- and it makes it harder. Commissioner Reyes: Okay. Let's do one thing. Vice Chair Carollo: At the same time, if by the time that you 're ready to, you know, be term limited out -- Commissioner Reyes: Which you think that I'm going reelected? Vice Chair Carollo: -- and I'm not going to be here -- Ms. Mendez: I -- Vice Chair Carollo: -- yes, I do. Ms. Mendez: I need to -- Vice Chair Carollo: And I'm not going to be here. If you see that someone is going to take that seat that is going to do the opposite of what you want to be done in this here, bring a motion and we'll undo the ordinance then. Commissioner Reyes: Okay. Vice Chair Carollo: But at least let me build -- Commissioner Reyes: Listen, listen, listen, listen. Ms. Mendez: So, I was wrong -- I was wrong this is the legislation. Commissioner Reyes: Hold on a second, hold on second. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: Let's -- Chair King: Hold on a second. Hold -- the City Attorney would like to say something. Go ahead. Ms. Mendez: Okay. So, Commissioner Reyes, you are correct, this was the legislation that you wanted the buffer on. So, what we had talked about -- two things, we had talked about one mile or two -- or a mile away from downtown, or we talked about carving out D4 (District 4) because it is a -- it's on City properties, it's not affecting anybody else but City properties. So do you want to -- the language to say to carve out District 4 right now because you would -- Commissioner Reyes: Yes, I mean, if -- for now, we can change it. Ms. Mendez: Okay. So, for now because you want to see how this works -- Commissioner Reyes: For now, I want to carve it out -- Ms. Mendez: -- as a pilot for what happens. City of Miami Page 136 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Reyes: -- and 1 support the project that Commissioner Carolla's going to do. I mean, l 'rn not going to vote if -- Commissioner Russell: (INAUDIBLE) carve out? Commissioner Reyes: -- to stop this because he needs to build those affordable housing and it is a different area. It's a totally different area. Chair King: Okay. I think have it now. I think we're ready for a vote. Commissioner Reyes: Okay. Ms. Mendez: Wait. Because this is going to get me into a whole lot of -- I just want to be clear on the district carve outs. We always try not to do district carve outs because it affects other people's properties, not -- right? And it's an equal protection problem for other people's properties. You're doing this to Vice Chair Carollo: But this is for City -- Commissioner Reyes: This is City. Ms. Mendez: -- your own City property? Commissioner Reyes: Absolutely. Chair King: Yes. Ms. Mendez: However, my understanding is that, Commissioner Reyes, we're trying to do this first as a pilot type of two year carve out to see if this works anywhere else. Commissioner Reyes: Absolutely, yes. Ms. Mendez: And then we will revisit it. Commissioner Reyes: A pilot for two years and if I see that it's needed or the construction comes -- is coming and it is invading me and I have to do it, I will do it. But I want to protect my neighborhood. Chair King: Got it. Ms. Mendez.: Okay. So, we will do that and then I just -- Vice Chair Carollo: But please, please make sure it's stated clearly that we don't know if we're going to let him come back afterwards, okay? Commissioner Russell: Take it or leave it. Ms. Mendez: He's kidding, he's kidding. Commissioner Reyes: You know, four years from now when you're not here. Chair King: Okay. Let's take a vote. Ms. Mendez: And one more -- I have -- Chair King: I need to -- City of Miami Page 137 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Russell: Is that an amendment? Commissioner Reyes: Four years from now -- Commissioner Russell: Is that an amendment? Vice Chair Carollo: I'll be in Shangri La. Chair King: Is that -- Commissioner Reyes: You'll be in Shangri La, and I'll be still sitting here if reelected. Chair King: Okay. We need to read this into the record and then read in the amendment if there is an amendment. Ms. Mendez: Yes. Chair King: Come on. Okay, Victoria, read it. Ms. Mendez: So, PZ.3, right? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And the two amendments are except for completed applications for tandem parking and except for properties in district 4 -- Commissioner Russell: And 2. Ms. Mendez: -- as a pilot program. Commissioner Russell: And 2. Ms. Mendez: As amended. Commissioner Diaz de la Portilla: So, hold on a second. Ms. Mendez: And I'm sorry? Commissioner Diaz de la Portilla: And 2, he said. Commissioner Russell: District 4 and 2. Ms. Mendez: District 4 and 2? Commissioner Russell: Yes. Vice Chair Carollo: Well, we don't know what parts of 2 are going to be left in 2. Commissioner Diaz de la Portilla: Of course. Commissioner Russell: Well, it will just apply within -- Commissioner Diaz de la Portilla: That's a problem. It will change when the districts change, right? Vice Chair Carollo: Or did you really think I'm not voting tomorrow? City of Miami Page 138 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: You're going to lose a whole bunch of the district. Commissioner Russell: What's that? Vice Chair Carollo: Did you really think that 1 wasn'tgoing to be voting tomorrow? Commissioner Russell: Think that you weren't going to be voting? Vice Chair Carollo: Yeah. Commissioner Russell: Of course you'd be voting. Vice Chair Carollo: Okay. Somehow, I thought maybe you had some wide illusions that I might not vote tomorrow, but 1 wanted you to understand that I will. Chair King: Okay. Vice Chair Carollo: Because that's what the law says that I've got to vote. Chair King: Okay. So, okay, let's take a vote then. Let's -- Commissioner Russell: So, is the amendment clear though? Because if District 2 is -- Commissioner Diaz de la Portilla: Well, I want clarification on that. I'm sorry, Madam Chair. Chair King: No, District 2 will be District 2, whatever it is after the redistricting. Commissioner Diaz de la Portilla: Well -- no, but no. No, Madam Chair. Because somebody who may not be a District 2 Commissioner on Saturday cannot represent people that are not going to be in District 2, right? Chair King: We can't -- Commissioner Diaz de la Portilla: So, you can't exempt areas right now and all of a sudden -- that's why I want clarity from the City Attorney. Madam Attorney, Ijust want clarity. Chair King: Get clarity. Commissioner Diaz de la Portilla: If we pass something today and because you're exempting District 2, does that apply to the new District 2, the old one, the one in between? Commissioner Russell: It will change with it. Commissioner Diaz de la Portilla: Hold on a second. I want -- that's what I'm asking her. Ms. Mendez: So as described -- as described, it's District 2 and whatever the District 2 boundaries are. So, this may -- this may cause, and everybody is thinking accurately -- because if somebody applies for something tomorrow -- Commissioner Diaz de la Portilla: That's the point. Ms. Mendez: -- they may be vested tomorrow in one district, and it may be different -- City of Miami Page 139 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: And all of a sudden. Right. Ms. Mendez: -- in two weeks or two years or two months. Commissioner Diaz de la Portilla: You 're a lawyer and you know that. Ms. Mendez: But with that said, you know, it is the District 2 boundaries, whatever the case may be. But you're right that it depends on an application time, right, a moment in time. Commissioner Diaz de la Portilla: If someone submits an application tomorrow, Madam Chair, we have a problem. Chair King: Well then -- but then the same logic applies to Commissioner Reyes. So, if we can 't carve out his -- if we can't carve out his, we can't carve out Commissioner Reyes'. Commissioner Diaz de la Portilla: But the only overpopulated one by a lot -- Chair King: It doesn't -- it doesn 't matter. It doesn 't matter. Commissioner Diaz de la Portilla: Well, the ones that lose a lot is his. Chair King: Well, it doesn't matter, it doesn't matter. If we can't carve out Commissioner Reyes' -- I mean, if we can't carve out Commissioner Russell 's, then we can't carve out Commissioner Reyes'. So, either we carve the two or we don't carve at all. Vice Chair Carollo: Let's move forward and -- Commissioner Diaz de la Portilla: Yeah, let's carve the two and then we'll come back and change it. How about that, does that work? Chair King: That works for me. Commissioner Reyes: We can always change it. Chair King: We can always change it. Commissioner Diaz de la Portilla: You can always change it. Commissioner Russell: What's the final? Okay, carving out. Thank you. Chair King: Carving out. Commissioner Diaz de la Portilla: Yeah, carve out 2 and 4. Yay. I'm sorry, did you call the vote? Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Diaz de la Portilla: Thank you, Madan Chair. City of Miami Page 140 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 PZ.4 ORDINANCE Second Reading 9385 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14056 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.4, please see "Public Comments for allltem(s)." Vice Chair Carollo: PZ.4. Chair King: PZ.4. Victoria Mendez (City Attorney): So, is PZ.4 the one that we have to make all the changes? Vice Chair Carollo: This is the one that the RTZ (Rapid Transit Zone) with the -- Ms. Mendez: Yes, with the -- okay. Vice Chair Carollo: -- you felt that we needed to go forward with it right away. Ms. Mendez: Yes, yes. So, could we take Mr. Riley's item and come back to this one? Vice Chair Carollo: What is Mr. Riley's item? Chair King: Why? Because there's a long one. Commissioner Reyes: One and two, I think. Vice Chair Carollo: One and two. Commissioner Diaz de la Portilla: Well, look -- Chair King: They're one and two and that's not going to be -- Commissioner Diaz de la Portilla: No, hold on a second. Madam Chair, for PZ.4 the only thing I would request is that we carve out the Allapattah Santa Clara subzones, because there's developments taking place there that I don't want to be impacted by City of Miami Page 141 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 this. So again, so to follow the logic that's been going on for the past hour here, that the deference through the City, you know, Commission district members and the representation of a particular area I think the Santa Clara and the Allapattah subzones where the Metrorail stations are should be carved out of this particular provision. Chair King: Well, wait a minute. Victoria wants to -- you don't want to take it up right now? Commissioner Diaz de la Portilla: No. But Victoria 's not a Commissioner. Chair King: No, 1'm just -- 1'm going to let her -- Ms. Mendez: So, 1 don't have the exact -- Commissioner Diaz de la Portilla: Let's get rid of PZ.4 and then we'll move on to the others. Chair King: Wait, wait, let's hear what she has to say. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: So, 1 don't have the exact language at this very second -- Commissioner Diaz de la Portilla: She's not ready. Ms. Mendez: -- so I would ask if we can handle the very stimulating project that Mr. Riley is going to handle and then we could come right back. Please? Chair King: It's not going to be come right back. This is a -- you see all these lawyers standing up here. It's not a come right back. Ms. Mendez: No, they're just PZ -- Vice Chair Carollo: You've got at least a couple thousand dollars per hour that I see standing there. Chair King: Right. Get the popcorn. Commissioner Diaz de la Portilla: Yeah, there's a lot of money here. Madam Chair, can we, as a courtesy to me, can we take up PZ.4 first which is a one minute item and then do this item, one hour item? Chair King: Victoria, can you get whatever it is that you need to get. Ms. Mendez: Sure. Sure, we can handle PZ.4. What is your carve out? Commissioner Diaz de la Portilla: I want to exempt the Allapattah subzone and the Santa Clara subzone. That's it. That's all I want. Chair King: Can you read the item into the record, Victoria, along with the carve out? Vice Chair Carollo: That's not where the -- that barbecue joint is at, right? Commissioner Diaz de la Portilla: The which one? City of Miami Page 142 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: The barbecue joint? Commissioner Diaz de la Portilla: No, it's not. Vice Chair Carollo: The famous one that wasn't that famous? Commissioner Diaz de la Portilla: That was terrible. It was terrible. It got us sick for like three days, remember? Without mentioning names, Commissioner. Chair King: Okay. Are you ready, Victoria? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: The Genting property, are they part of the exception at this point in time or not? Ms. Mendez: At this part -- at this point they are not. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I move it. Commissioner Russell: Do you want amendments before or after the motion? Chair King: I thought -- you didn't read the amendments in? Ms. Mendez: I read the ones that -- Chair King: The exceptions? Ms. Mendez: Right. I read those, butt don't know if the District 2 Commissioner has amendments. Chair King: Are you going to have an amendment? Commissioner Russell: Yeah, there's more exemptions and you've got a whole line of people wanting more exemptions. Chair King: Okay. Commissioner Russell: Do you want them before or after the motion? Chair King: Let me -- let me get -- do I have a motion? Commissioner Diaz de la Portilla: I'll make the motion. Vice Chair Carollo: Hold on. How are we coming about with these exceptions? In Southside Park, I understand why. They do have -- certainly if anybody has vested rights, it is 1 Southside Park. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: The Douglas Road Metrorail Station that's at 37th Avenue and 30th, that's 13th Floor and Alder Group. They started that already, right? They've got buildings up. Commissioner Russell: They're halfway done. City of Miami Page 143 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: Yeah. Melissa Tapanes: That's correct. Vice Chair Carollo: Preston Heights, what have they done? Ms. Tapanes: We've negotiated with Miami -Dade County Public Schools. It's a school board property. We're building a new school board building, as well as a new parking facility for the Arsht center. We've submitted for preapplication and general plan approval at Miami -Dade County. It's in the Omni CRA (Community Redevelopment Agency). Commissioner Diaz de la Portilla: Yes, but it's not finalized. You submitted an application, and we haven't come close on agreement on that yet. Ms. Tapanes: We've submitted for pre-app and general plan approval. It's just a plan. Commissioner Diaz de la Portilla: You submitted. Ms. Tapanes: Correct, yes. Commissioner Diaz de la Portilla: Clarified, okay. And it's a good project, but they're not there yet. They're getting there, but you know. Vice Chair Carollo: Okay. Now, the Genting property and let me tell you why I'm bringing this up. I could give a hoot what name it has. Frankly, the person that I knew at Genting, long ago died. That was the father. When I met him in the Highlands in Malaysia many years ago when the Lord Mayor of Kuala Lumpur introduced me to him. And by the way that's where I got that name the Lord Mayor. It wasn't me. It was the British that every time they colonized places they would name their mayors Lord Mayor. The one at the time in Kuala Lumpur with a good friend. I understand that they are coming with a huge project that's extremely important for Miami. Certainly, a public part of it is the transit hub that they're going to build there. The other part that they told me about, I don't know if I'm in a position to mention it or not publicly, so I'm not going to, but it's a major one. It's a game changer for the City of Miami. My concern in this whole thing, Vicky, is and it should be all of ours, it's not to stop progress and good projects in Miami, but to let the County know they just can't come in into our city and do what they please. And then on top of us -- on top of that, rather, they take all the impact fees and we're stuck with the police service, fire, paramedics, street cleaning, public works, et cetera, et cetera and we don't get any of the impact fees. Ms. Mendez: Not just impact fees, all fees. Vice Chair Carollo: Yeah. So that's my problem. Now can we, with a project like Genting, be able to -- if we're successful in either negotiating with the County or going to court and having a judge rule our way, we certainly can negotiate with Genting anything that the County might have negotiated with them to go forward with, correct? Ms. Mendez: Well, right now they don't have any applications per se -- Vice Chair Carollo: No, no, I understand. Ms. Mendez: -- in. City of Miami Page 144 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: But what I'm trying to get on the record -- Javier Avino: No, that's not true. Vice Chair Carollo: -- is that anything that the County could approve we certainly could approve if we had the ability to do zoning that they want to take away from us. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: In these areas. Ms. Mendez: Well, we would -- I mean, we would either go to court with the County or we'd go to court with Genting, or both. Vice Chair Carollo: Well, it's not about going to court with Genting because Genting is in the middle of this. They don't care who gives them the right, they just want to be able to build their projects. Just like any developer would come in. Ms. Mendez: I understand. However, they have not come to the City for any types of permitting. It's all through the County. Vice Chair Carollo: The problem is that the County, every year, they think they can eat up more of their smaller neighbors. You know, similar to other stuff that happened around the world and every now and then we have to let them know that, you know, we're a porcupine. So, there's no applications that have been in the process, you're saying, with the County. Do you know anything about this? Mr. Avino: I do, through the Chair. Javier Avino with Law Qffice at 1450 Brickell Avenue. And yes, we have filed and obtained a plat application approval for the project. And another thing I wanted to point out since you brought up Genting specifically is I know that there had been concerns regarding the bay walk treatment and making sure that the City of Miami's bay walk standards were included as part of any redevelopment on the site. That -- the bay walk standards were incorporated into an amendment passed at the County, passed/finalized on second reading. So, the City's bay walk requirements are incorporated in any redevelopment on Genting's property on the Resort World Miami property. Vice Chair Carollo: That's good, but it still doesn't give us relief in the areas that 1 mentioned here that, you know, are us not being allowed to get any fees whatsoever. Mr. Avino: Actually, if I could correct that point. The City impact fees are not -- are non -exempted through the RTZ process. So, City -- the building permit fees that -- Madam City Attorney is correct, building permit fees are collected at the County because they're the ones processing the building permit fees, but the City's impact fees are indeed collected. Commissioner Russell: What about bonusing? Mr. Avino: I'm sorry? Commissioner Russell: Bonusing? Mr. Avino: No. Commissioner Russell: We lose that. City of Miami Page 145 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Mr. Avino: There's no bonus under -- it depends on i f you're -- Commissioner Russell: We lose the ability to collect. Mr. Avino: And I should point out from a zoning standpoint, Commissioner, that the Genting property in particular, and this applies to several others, in fact there's some that actually have reduced density, but in the Genting property the density remains the same under the two zoning classifications. Vice Chair Carollo: Well -- Mr. Avino: So, it's not an increased densification site. Vice Chair Carollo: What 1 suggest that we move forward with what the City Attorney has provided to us and if we so desire to hear from anyone else who might be affected right now, we could always bring them back and if we so see it, adjust this ordinance further. Mr. Avino: If I may just make one more -- one more statement. As currently drafted this amendment would narrow, you know, with Commissioner Diaz de la Portilla 's amendment, would add in virtually every property except, for Resort World's as far as current RTZ properties. So, 1 want to be very clear that you're narrowing in on just that. I think the sentiment that the -- Vice Chair Carollo: I'm not sure -- Commissioner Diaz de la Portilla: That's not true. Vice Chair Carollo: -- I think there's others up there. Yeah, I agree. I think there were others. Commissioner Diaz de la Portilla: That's not true. Vice Chair Carollo: Some in my district, I believe. Commissioner Diaz de la Portilla: Yes. Chair King: Iris? Commissioner Diaz de la Portilla: But it's not a debate, right? Vice Chair Carollo: Yeah. Chair King: Right. Commissioner Diaz de la Portilla: So, did you call the question, Commissioner? Commissioner Russell: No, no. Someone sent me -- Commissioner Diaz de la Portilla: Somebody (UNINTELLIGIBLE) call the question, right? Vice Chair Carollo: Is this a tag team today? Ms. Escarra: Oh, this is actually an industry team today. This is actually every land use attorney in Miami is here today on one of these sites. City of Miami Page 146 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Vice Chair Carollo: I only see --1 only see three. Ms. Escarra: Oh, no, there's -- Lago 's back there, Spencer is here, Alex is here. Commissioner Diaz de la Portilla: Yeah, but they're all hiding. One's hiding behind Riley, the other one's hiding behind somebody else. Chair King: Right. And this is not public -- this is not public comment. I don't have a second yet. Ms. Escarra: Yep. Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: There's a second, so -- Chair King: Second. Okay. I have a second. Commissioner Diaz de la Portilla: Okay. So, and that's it. Ms. Escarra: So, ifI may? Chair King: Hold on, hold on. Commissioner Russell? Commissioner Russell: Thank you. Commissioner Carollo, 1 agree this storm has been brewing for a long time and everything -- if it were just on the Metrorail what they were building on the Metrorail I could see it. But they are using this to infiltrate anywhere that public transit touches. There's projects on Brickell Avenue now, they're going to be going anywhere that there's a bus. They're going to be say we supersede your zoning. We do lose -- we do lose our public benefits money from bonusing, we lose all our Tree Trust Fund money, we lose the appeals process for our residents, we lose the transitional zoning. But the reason they're all here is because the Countv's a lot easier to work with than we are. They are much more generous with what they're giving and they're much less restrictive with what they're asking for in terms of affordability and investment in other ways. And so, it's really just taking the zoning out of our hands. The fact that they're all lined up here means we've been asleep at the wheel up to now and this many have gotten through that should be dealing with this board and Miami 21. But do not want to hamper those who are -- I don't want to get us in a legal bind with those who are already vested with rights from the County. I would like us to be vigilant from here forward on the County's applications for these because we haven't been. Whether it's someone at the Administration or Legal needs to be sitting at the County watching these applications come through, we need to be very clear on which ones we want to fightfor and which ones we think are legitimate under RTZ. For my part, I agree with you on Southside Park, long through the process, Lincoln Douglas Road, halfway built. I'm even okay with Crescent Heights having gotten it's -- the TIF (Tax Increment Financing) deal agreed with the Omni, their deal agreed with the school board. We were originally talking zoning with them, but then when it went to RTZ, we allowed it at, you know, at our body. We were very familiar with that at the Omni and at the City and we let that happen because we wanted them to move quickly. So, I'm even okay with Crescent Heights being included in the exemption list. I don't have any others at this time. And I agree with you on Genting. Vice Chair Carollo: All right. I call the question. Ms. Escarra: If I may -- City of Miami Page 147 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: I'll second that. Ms. Escarra: -- Madam Chair? Chair King: Hold on, hold on, hold on, hold on. Commissioner Russell: So, I'm proffering an amendment to include Crescent Heights as well in the exemption list. Vice Chair Carollo: No, it's here. Chair King: It's on here as a request -- Commissioner Russell: Has this been accepted? Because -- Ms. Mendez: Right, okay. So, whatever -- no. Commissioner Diaz de la Portilla: No. Ms. Mendez: Absolutely -- Ms. Escarra: No. That's only one attorney's list. Chair King: Hold on, hold on. Ms. Mendez: Right. That -- Chair King: Hold on, hold on, hold on, hold on. What do you want to say, Victoria? Ms. Mendez: Okay. The things that have been said, the projects, the actual projects are the ones that are covered by the ones that have Miami -Dade County process numbers for general development plans. These are like applications that are submitted that are being worked on by the County that have partially built, those types of things. So those are covered under that or under the ASPR (Administrative Site Plan Review) system for the County. Then you have the two subzones that were mentioned by Commissioner Diaz de la Portilla and the projects that you mentioned Commissioner Russell and that Commissioner -- Commissioner Diaz de la Portilla: Crescent Heights. Ms. Mendez: -- Carollo mentioned are under the process numbers exemption. We didn't list them per project. So that list you have that was kindly provided by Ms. Tapanes covered under the process number exemption. Commissioner Russell: These are already exempt? Ms. Mendez: Yes, correct. After they beat me over the head for a while. Ms. Tapanes: Through the Chair, if I may answer Commissioner Russell's? The issue is that we write -- Chair King: No, I didn't -- I didn't say you could speak. Ms. Tapanes: Sony. Chair King: Hold on a second. Just give me a second. Victoria, what were you saying? City of Miami Page 148 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Ms. Mendez: That these projects that have been mentioned except for Genting, which Mr. Avino and I will agree to disagree, all of those have process numbers to them. So, the Crescent one, the Douglas one, the Southside one, these things that have been mentioned here today are under the process number exemption that I discussed earlier. Before the amendment that Commissioner Diaz de la Portilla and Carollo and Russell gave. Chair King: Is it the will of the body to take the vote now? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I just want to -- Commissioner Diaz de la Portilla: Yes. Yes. Commissioner Reyes: Hold on a second. I just -- I haven't said anything about this. The only ones that we have here in my district are the one that I almost have built. I want to know if there is any other that are going to be -- anybody wants to include any of the projects that they already have -- Commissioner Diaz de la Portilla: Madam Chair? Commissioner Reyes: -- permits or anything? Chair King: Wait, we don't -- Commissioner Diaz de la Portilla: Madam Chair, we have the guy -- Chair King: It's the will -- Commissioner Diaz de la Portilla: -- that tweets a lot. Remember Commissioner Carollo, that guy on Twitter, he's over there? Eric Zichella, remember him? Commissioner Reyes: Yes. Vice Chair Carollo: Who? Commissioner Diaz de la Portilla: Eric Zichella, he's the guy that tweets a lot, but he stopped tweeting when he realized it was not a good idea to tweet too much. But he's actually got a good idea I think, and I spoke to him earlier. Chair King: Wait, wait, wait. No. Commissioner Diaz de la Portilla: You need to recognize him. Ms. Escarra: If I may -- Chair King: Right. If we're going to let anyone speak, Iris was standing here -- Commissioner Diaz de la Portilla: Yes. Chair King: -- and I just thought it was the will of the body to take the vote. I don't know if -- Vice Chair Carollo: I'm ready to vote. City of Miami Page 149 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Ms. Escarra: If we may? Chair King: Who's saying if we may? Commissioner Diaz de la Portilla: Well -- Chair King: Wait. So -- Commissioner Diaz de la Portilla: I want to hear from people that may have a particular -- Chair King: You just said it's the will of the body to vote. If we're going to listen to them that's -- Commissioner Diaz de la Portilla: Well, okay, let's take a vote, let's take a vote. Chair King: -- we're going to be here some more hours. Everybody's ready to vote? Commissioner Russell: No. Vice Chair Carollo: I'm ready to vote. Commissioner Diaz de la Portilla: I'm not ready to vote. Commissioner Russell: Not ready to vote. Chair King: Because we're not going to cherry pick who we're going to speak to, you know, speak to this person, speak -- not speak to that person. If it's the will of the body, we hear everyone or we vote. Commissioner Diaz de la Portilla: Everyone. Chair King: What do you want to do? Commissioner Diaz de la Portilla: Everyone. Vice Chair Carollo: I'm ready to vote. Commissioner Diaz de la Portilla: I want everyone. I don't want to exclude people. Commissioner Reyes: I want to hear everybody. Commissioner Russell: I don't -- I don 't want -- Commissioner Diaz de la Portilla: I don't think it's fair to exclude people. Commissioner Russell: We could inadvertently get ourselves in a legal bind by not knowing someone's situation, voting on this, and accidentally learning something later. Chair King: Okay. Commissioner Russell: So, I'd rather hear from them now. Chair King: Two minutes. City of Miami Page 150 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Ms. Escarra: I'll be less. Iris Escarra, offices at 333 Southeast 2nd Avenue. 1 actually have a site which is in District 3, it's right immediately next to the Metro mover it's in the Metro mover subzone. We have been working on the plans, we got a little bit delayed during Covid, we've been designated RTZ for over about a year and plus time. It took us a long time to be able to work with that site. Mr. Rasco is actually here with us today. We have started the process, I just wanted to be clear that we would like for that property to also be exempt, and it be clear that we are not subject to the new regulations because it's been a big investment on his end. Vice Chair Carollo: Do you have a folio number? Ms. Escarra: A folio number? Yes. Ms. Mendez: It would just be the -- Ms. Escarra: The letter? I filed a letter in the public record regarding that particular site. I'm happy to pass it out to the -- it's 120 Southwest 8th Street. It's a couple addresses. Vice Chair Carollo: Yes. Ms. Escarra: But that's the main one. Commissioner Diaz de la Portilla: That's 120 Southwest 8th Street. Ms. Escarra: Yeah. Commissioner Diaz de la Portilla: Is this Swire Properties? Ms. Escarra: No, no, no, it's on the west side. Ms. Mendez: Isn't this -- Ms. Escarra: They're like little -- (MULTIPLE PARTIES SPEAKING IN UNISON) Chair King: Wait, wait. We can't have everybody speaking at one time. Victoria, don't engage. Hold on. Ms. Mendez: I need -- Chair King: Just don't. Go on Iris. Ms. Escarra: It's 120 Southwest 8th Street. It's right on the corner. It's on the west side, right next to -- on the -- of the station, across the street from the new hotel and it's within the Metro mover subzone. Vice Chair Carollo: It's in my district. Chair King: And you're asking -- Ms. Escarra: And it's in Commissioner Carollo's -- Chair King: And you're asking -- and you're asking for an exemption? Ms. Escarra: An exemption. City of Miami Page 151 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: And Victoria, can you ask her if she has the folio number or the building number that you seem to feel comfortable with if the project has that? Ms. Mendez: So, we were not doing it by folio numbers, we were doing it by process numbers and those that have completed applications. So, is this one that has a process number or is this the one that you were going to ask to carve out the subzone? Ms. Escarra: We were asking to carve out the subzone. Ms. Mendez: Okay. So, you were not clear when you were saying this, so that's why 1 needed the Chair to be clear in what you were asking. Ms. Escarra: Understood. 1 can read the folios. 1 have folios or I can -- Ms. Mendez: I don't want folios. Chair King: She wants a process number. Do you have a process number? Ms. Escarra: I have a process number that was just filed. To be quite honest and candid I want to be straight up, we like filed it yesterday. Chair King: But you have a process number? Ms. Escarra: We do, but we have to -- he's been working on the plans. Chair King: Okay. Victoria, is that -- Ms. Mendez: What I thought that she was going to clarify because it was the same issue that Ms. Tapanes had was that they had two projects under a subzone. Ms. Escarra: There -- and to be candid there are four projects under the Metro mover subzone, right? That's why I'm trying to list this property because there are other properties. Ms. Mendez: Okay. So, what is the name -- do you have a listing? Chair King: I'm not -- hold on a second. I'm not clear why we're going to move forward with this if we're trying to accomplish something and then we're just exempting everybody that wants to be exempted. I'm not clear. What's our goal here? Either we're going to pass this legislation and be done with it or we're just going to open the -- because what happens for someone tomorrow that says, oh, you didn't exempt my property? Commissioner Diaz de la Portilla: They come before us. They come before us, and we vote on it. Vice Chair Carollo: You've got a point. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: You've got a point. Commissioner Russell: Madam Chair? Chair King: So, what's the point in passing the legislation -- City of Miami Page 152 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: But -- Chair King: -- if anybody can just come and get an exemption? Commissioner Diaz de la Portilla: Because that's the way it works. There was some things that were egregious in nature. I know in particular in District 3 things were egregious in nature that we had to stop from happening, right? So, people can come before us and make whatever kind of appeals or kind of presentation they want, but there are people that have issues that concern them that impacts development and progress and creation of jobs in development and certain parts of their community. For example, in Allapattah or in Santa Clara, that to me is important. 1 want investment in my community so I'm not going to limit the ability to have that investment. In other areas, hypothetically, let's say District 3 or even 4, there are areas that we have enough development that we don't need to have overdevelopment. And that's the balance we're trying to find. They have a right to make their presentation before us and we can decide on a case -by -case basis what's going to work. In this case, they have three or four people here, representatives, not 20, like Iris said, but we have a number of people that have some issues where there are pending projects that are going to be developed, are they going to create jobs, they're going to build affordable housing in some cases that are going to move our city -- Chair King: But do you agree that they have to have a process number? Commissioner Diaz de la Portilla: Of course they do and they have it. Chair King: Okay. I'm just -- Commissioner Diaz de la Portilla: But she -- Chair King: I'm just checking with you. Just checking. Commissioner Diaz de la Portilla: But she just got it this morning. Chair King: Okay. But she has it. Ms. Escarra: I'm candid. That's why I asked for the exemption to be exempted out as to this specific one. Chair King: But she has it. Ms. Escarra: I'm honest. I'm -- Commissioner Diaz de la Portilla: I agree with you. Chair King: All right. Iris, you have 41 seconds. Are you finished? Commissioner Diaz de la Portilla: She's finished. Ms. Escarra: As long as we have a process number as of today -- Chair King: Yes. Ms. Escarra: -- that we are vested, and it's clarified into the record. That, we can provide the process number in addition to our vesting letter to the Clerk in order to make sure that the property's not subject to that. Vice Chair Carollo: Chair? City of Miami Page 153 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Vice Chair. Vice Chair Carollo: This particular case I'm familiar with. They have been working on this particular project for quite some time. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: So -- and I appreciate your sincerity that you told us the truth, you got the process permit today. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: You're still on time, we haven't voted. So, 1 thank you for your frankness. Commissioner Diaz de la Portilla: And she beat the deadline. That's good enough. Vice Chair Carollo: But let me say this, the Chair asked a question, and she is right on point. You know, if we're going to exempt everybody, why are we doing this? Well, that needs to be answered because, you know, she's right on point in that. We have to do this because as the City Attorney stated, the County now wants to extend this all over the place. Commissioner Reyes: Yes. Vice Chair Carollo: And you've got to put a stop to it otherwise we're going to end up with the County doing all our zoning for us. That's the bottom line why we have to do this this way. Commissioner Reyes: That's right. Madam? I am going to also add to what Commissioner Carollo said. They're doing whatever they please and just in whatever, and I don't know who stated that they have the power that whatever there is a hus route or bus stop, if they, have -- they can call it a transit (UNINTELLIGIBLE) and they can build that. On 8th Street for example, in Flagler, in 54th Street, whatever, 7th Avenue. You see, and they can start building and building whatever. In Allapattah, 6th Street. Commissioner Reyes: I mean, 2nd Avenue. Chair King: No, no. I understand the need for it. Commissioner Reyes: You see, so we have to stop -- Chair King: I just don't understand the exemptions. So, let's -- Ms. Escarra: That was it for me. Thank you very, much. Chair King: Go right ahead. Eric Zichella: Thank you, Madam Chair. Eric Zichella, 2100 Coral Way. I'm confused also. I think what you've got in front of you today at least to an observer looks a little bit messy. I'm confused about why the City's Code would be superior to the County's Code except for this, this, this, and this. Doesn't make any sense to me. I understand if you wanted to suggest that your Code is superior starting today and anything that was done previously would have been vested. I get that. But I don 't understand the exemptions and I don't understand how they're defensible, number City of Miami Page 154 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 one. Number two, from an affordability standpoint you've got a number of properties and property owners that have projects in their pipeline that are planning to bring units online, we need units to come in to ease the affordability crisis that exists in Miami, and what you 're doing today is not going to dramatically change the zoning over the long term, in my humble opinion, what you 're going to do is disrupt financing for a lot of projects that are already the pipeline. There's also a number of properties that have had the zoning overlay on them for some time, maybe have tenants in place that are long term tenants, maybe even the City is a tenant in some of those properties and they're not capable of applying for a permit number because they have existing relationships with tenants and leases that last for some period of time.I just respectfully request that you guys consider applying this only to properties where -- that receive a rapid transit zoning designation after today and then you can have your litigation with the County about it if that's your desire to do that. Thank you. Chair King: Thank you. Wait, didn't you already speak? Mr. Avino: I was speaking just in response to one item. Chair King: Oh, I don 't know. Mr. Avino: 1 will be very, very brief. 1 just need to put onto the record a couple of other properties that I also represent. Chair King: Go ahead. Mr. Avino: So, one is Brightline. I think you all are familiar with Brightline. It entered into an interlocal agreement with the City. There is an additional phase of development. I want to make sure that I put that on the record and make sure that it is abundantly clear that it is vested under the exemption. There are also a number of properties within the Metro mover subzone that have already established process numbers. Again, I'm a little concerned with not having seen the exact language, although I will work with the City Attorney's Office to make sure, so I just want to reiterate process number as of today creates a vesting under the proposed modification. Chair King: Thank you. Mr. Avino: Can she -- can the City Attorney just confirm that vesting? Ms. Mendez.: Are you about to go submit a process number? Mr. Avino: No. I -- the reality is that there -- Ms. Mendez: Okay. Then -- Mr. Avino: -- are process numbers as Iris has indicated that have been, you know, filed in the last day or so, some as early as this morning. And so, I'm in abundant disclosure, same situation we have projects that have been -- being worked on for a number of years that have filed process numbers, and we want to make sure that that clears the, you know, the path. Thank you. Chair King: You already spoke. Commissioner Diaz de la Portilla: Yes. Ms. Tapanes: Earlier. Earlier. City of Miami Page 155 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: Yes, that was in the same thing. Sir, go or you don 't speak. Say your peace. Alex Uribe: Good afternoon again, Commissions. Alex Uribe with offices at 2525 Ponce de Leon Boulevard, would ask that the FTX Arena, 601 Biscayne Boulevard, which is certainly in the area that may be covered by the RTZzoning would be added to the exempt list. This is a developed, County owned, operated in partnership with the Miami Heat and would just ask that that be exempt as well. Thank you. Ms. Tapanes: Thank you. Commissioner Russell raised a good point as to why we wanted to make sure that the project themselves be noted today as exemptions. We've gone through this process at Miami -Dade County, we have involved many City of Miami officials as part of process to be rezoned. We would appreciate them named in this ordinance or through an exhibit list in order to prevent, if we're able to provide a process number today, in order to have that in an ordinance form for that exemption. That will assist us with financing and opinion letters moving forward rather than needing to get interpretations as we proceed. So, for that reason, I've submitted into the record the four projects that I'm representing that we have submitted for general plan approval and we respectfully request that that be included as an exhibit just to prevent things in the future, includingfbr the 1 Southside Park project where the City is a co -applicant. Thank you. Chair King: Thank you. Madam City Attorney, do you have that for the record, the exemptions? And if they -- all of the exemptions should have a process number effective today, correct? Ms. Mendez: Yes. Chair King: Okay. Are we ready to vote? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Commissioner Russell: Do you need them named? Because they've said it, did we agree to them? Commissioner Diaz de la Portilla: An exhibit list. Chair King: They're -- Ms. Mendez: Wait. Chair King: You're going to take the exhibit list that you're going to -- what, Victoria? Ms. Mendez: The way that we have described it is the ones that have the ASPR is the ones that have the process numbers for general development plans, the Santa Clara subzone, and the Allapattah subzone. Those were the ones that were -- and her -- Ms. Tapanes' exhibit list all of them have process numbers. So, we're fine. Ms. Tapanes: I'll list them. Commissioner Russell: Okay. So, they don't need to be named? Ms. Mendez: They do not need to be named because she has described -- City of Miami Page 156 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Chair King: They all have process numbers effective today. Ms. Mendez: -- that they all have process numbers. Chair King: So, they don't need to be named. Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: As amended. Commissioner Reyes: As amended. Chair King: As amended. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 157 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 FL - FUTURE LEGISLATION FL.1 ORDINANCE 11439 Commissioners and Mayor FL.2 10769 Office of Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 ARTICLE 1 SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI AS AMENDED, ENTITLED "WAIVER AND DEFERRAL OF FEES AND SENIOR CITIZENS" TO AMEND THE CODE AND PROVIDE FOR A WAIVER OF CITY PERMIT FEES FOR LOW INCOME HOMEOWNERS FOR REMODELING OR REPAIR ACTIVITIES ON THEIR HOMESTEADED PROPERTIES UP TO $200,000.00 OF THE COST OF CONSTRUCTION WORK; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VIII/SECTION 35-290 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING LOTS/COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," AND CHAPTER 62/ARTICLE XIII/DIVISION 4/SECTION 62-543, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES/INTERIM PARKING/TEMPORARY PERMIT REQUIRED FOR APPROVAL," TO REESTABLISH THE FORMER TEMPORARY INTERIM PARKING PROGRAM TO ALLOW FOR CONDITIONALLY UNIMPROVED AND PARTIALLY IMPROVED PARKING LOTS ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 158 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 NA- NON -AGENDA ITEM(S) NA.1 RESOLUTION 11649 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY City Commission CONDEMNING RUSSIAN PRESIDENT VLADIMIR PUTIN ("PUTIN") AND THE RUSSIAN FEDERATION FOR INVADING THE SOVEREIGN COUNTRY OF UKRAINE; FURTHER CONDEMNING PUTIN FOR HIS HISTORY OF COMMITTING WAR CRIMES, CRIMES AGAINST HUMANITY, AND ACTS OF AGGRESSION GLOBALLY; DECLARING PUTIN A WAR CRIMINAL AND A PERSONA NON GRATA IN THE CITY OF MIAMI; EXPRESSING SUPPORT FOR UKRAINE AND ITS PEOPLE AND ENCOURAGING THE UNITED STATES AND ITS PARTNERS TO CONTINUE APPLYING STRONG ECONOMIC SANCTIONS AGAINST RUSSIA AS WELL AS SUPPLYING DEFENSIVE MILITARY ASSISTANCE TO UKRAINE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED. ENACTMENT NUMBER: R-22-0111 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Vice Chair Carollo: Okay, Madam Chair? Chair King: Vice Chair? Vice Chair Carollo: If I could indulge you and this Commission for a very important resolution, especially in a day like today that has to do with the Ukraine. For many of it -- Chair King: Your pocket item? Vice Chair Carollo: Yes, Ma'am. Chair King: Okay, perfect. Vice Chair Carollo: We have representatives here from the Ukrainian community that would like to speak just like anyone from the public can. What I'd like to do before we vote on it, is read the resolution. I will begin by the title and Madam City Attorney I'm going to read the title and then if you could read the rest. I hope that many of you looked up to our flags in the front. I know that we're used to seeing our American flag, City and State flags there, but today we had an additional flag that I'm going to ask this Commission to approve itflying until the war stops in Ukraine. You have the Ukrainian flag that's flying today. But let me read the resolution, and in particularly a day like today that the news worldwide is that Putin knows no meaning to the word stop. We are seeing pictures of something that it's just uncalled for, cannot be accepted in today's world, that has broken the rule of law completely in our world where a world power supposedly even though it's been shown that that's not quite the City of Miami Page 159 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 case, the second strongest military in the world, after us, after for days bombing civilians in Ukraine and murdering children, women, elderly, had the gall to bomb a hospital. There was not only a maternity ward where pregnant women were there giving birth or ready to give birth, but that there were numerous children there also because this also was the children's hospital. And these bombardments are not happening by chance, they're happening on purpose because since militarily they're having a heck of a time trying to advance against the Ukrainian army and the Ukrainian people. They want to terrorize them, they want to force them by killing women, children, elderly, to have to submit to Mr. Putin's evil wishes. We're very lucky that we live in America with the protections that we have as of today, but tomorrow we don't know what it may hold for us. That's why every one of us has to stand up in support of the brave Ukrainian people that have shown the courage that frankly I haven 't seen since our war of independence, that I haven't seen since reading history of the 300 Spartans, that I have seen since seeing the glorious Brigade 2506 that was left, abandoned, in the Bay of Pigs, but with losses of only a hundred they took out over 5,000 of Castro's Russian supplied troops. The Ukrainians are fighting not just fbr their freedom, but they 're fighting for their freedom of the beginning, with the western world, and indeed world freedom. The resolution, let me read the title that I will present to this body today is a resolution from the City of Miami Commission, the City of Miami Government declaring Putin a war criminal and persona non grata in the City ofMiami. A resolution of the Miami City Commission strongly condemning Russian President Vladimir Putin and the Russian Federation for invading the sovereign country of Ukraine, further condemning Putin for his history of committing war crimes, crimes against humanity, and acts of aggression globally, declaring Putin a war criminal and persona non grata in the City of Miami, express the support for Ukraine and its people and encouraging the United States and its partners to continue applying maximum strong economic sanctions against Russia as well as supplying defensive military assistance to Ukraine, directing the City Clerk to transmit a copy of this resolution to the officials I've listed at the end of this resolution that the City Attorney will begin to read. I would ask the Clerk and our Mayor, that's the President of the U.S. Conference of Mayors now, through its executive director to send a copy of this resolution to every city in America, major cities, mid population cities, small cities in America so that we can get as many cities as possible that would approve this resolution or one similar to it so that our government in Washington understands that the American people are asking -- are demanding that our country stands with Ukraine, that we don't allow another people to be massacred and murder by evil in our lifetime. So, Madam City Attorney, can you read the rest of it, please. Ms. Mendez.: The whole reso? Vice Chair Carollo: Yes. Ms. Mendez: Okay. The Resolution was read by title into the public record by the City Attorney. Vice Chair Carollo: I so move this resolution. If I may add that the Mayor very much wants to be a co-sponsor of it. Chair King: At this point I'm going to up public comments to speak on this resolution. If there's anyone here that would like to have a public comment with respect to this resolution. Vice Chair Carollo: Julia, go ahead. City of Miami Page 160 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Julia Lemesh: Hello. Dear Commissioners, dear City Manager, my name is Julia Lemesh. I represent Florida for Ukraine, charitable organizations. 1 would like to give a short speech ifpossible. Dearfriends, I'm Ukrainian, raised in Odessa, a city on the Black Sea. It's devastating for me to see how Putin is destroying my country and killing our people. Yesterday, Putin bombed a children 's hospital and maternity ward in the port city of Mariupol on the Sea of Azov. It's actually symbolic that I'm raising this cruel fact here today at the City Hall being a pregnant Ukrainian. At least 17 people were injured, mothers and staff, as a result of this Russian attack. Information on victims is being clarified. What Putin is doing with my country is barbaric. Our President Zelensky fairly called the attack a war crime. The whole city remains without electricity, water, food, and people are dying because of dehydration. Deputy Mayor Orloff said that at least 1,170 civilians had been killed in the city since Russia began its bombardment and that 47 people there were buried in a mass grave yesterday. For me and other Ukrainians, there's no question if Putin is a war criminal. He certainly is and I thank Miami City Commission for this -- for considering this resolution. It's important to understand that Ukraine isn'tjust fighting for the freedom of Ukraine. Ukrainian men and women are fighting for the security of the entire Europe, just like in World War I, just like in World War II, just like during the times of the Austro-Hungarian and Russian empires, Ukraine is a buffer. Probably the buffer between light and darkness, between the civilized and the barbaric worlds. The latest numbers show that about two million people have left out of the total population of nearly 45 million. We ask the U.S. Government to support Ukrainian refugees. So far there are no refugee programs for Ukrainians, and many are being denied tourist visas. Having said that, we cannot evacuate and resettle 45 million people. So, we must keep our main goal in mind to end this war. Ukrainians are fighting hard, but it's impossible for them to stand up to Putin without more support from the United States, so we must continue economic pressure. Russia's largest banks, Sberbank, remains on the Swift Network. It must be blocked. We must continue encouraging those American corporations that continue to operate in Russia, like Burger King to stop immediately. The U.S. must help Ukraine secure its airspace to have any chance of victory. We cannot afford to pretend that Putin can somehow be defeated without the U.S. getting involved. There are only two outcomes, either America steps up, or Putin wins. Putin wins Ukraine and then Moldova and then Georgia and perhaps the Baltic States and builds a new Soviet Empire. I call on every single person in this room to use their voice to ask the U.S. government to stop Vladimir Putin tyranny. Chair King: Thank you. Ms. Lemesh: Thank you. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Thank you, Commissioner Carollo. I know this is mostly symbolic, but it's very, meaningful and it's very important. Thank you. Chair King: Thank you. Oksana Piaseckyt: My name is Oksana Piaseckyt and it is an honor for me to speak to you today, Vice Chairman Carollo, Commissioners. This is a significant occasion, you presenting this proclamation which is an example for all of the cities in the United States to do. As a committee member of the U.S. Holodomor Genocide Committee, I am not blind to the comparison of what is happening today in Ukraine to what happened in the 1930s when Stalin orchestrated the destruction of the Ukrainian nation. In 1932, `33, Stalin broke the back of Ukrainian's resistance by starving millions. The numbers are anywhere between seven and ten million. Stalin dehumanized them as a mere ethnographic mass. He refused to accept Ukrainians as a separate people, and because of their resistance he had to starve them. Today, City of Miami Page 161 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Russian forces are encircling Ukrainian cites, closing off humanitarian access to people to starve them just like Stalin did. Ninety years later Putin has stepped into Stalin's shoes. He claims that Ukrainians are Russians and if they are not willing to accept that, he must destroy them. A Russian TV host with vulgar gesturing said, we will invade Ukraine, we will take your constitution and burn it and will burn you Ukrainians too. Putin adds to his propaganda the existence of Ukraine harms peace and security in Europe even more than American imperialism. Ukraine is the originator of Europe's oldest democratic traditions having written a democratic constitution in 1710 by Hetman Pylyp Orlyk, 77 years before our own. Today, Ukraine is a democracy in action, or was in action before this terrible war, with a vibrant civil society that Russia never had. Securing Ukraine as the democratic anchor in that part of the world will stop 400 years of Russian imperialism. What is happening in Ukraine impacts Europe's security, and most critically our national security. President Biden and NATO (North Atlantic Treaty Organization) have exhausted all paths of negotiations with Putin. The time has come for President Biden to walk the talk. The need of planes and anti-aircraft systems in Ukraine is obvious. We have 140 mothballed U.S.A-10 ground attack aircraft, known as Warthogs. Ukrainian pilots know how to fly these planes. The Warthogs are now doing nothing but sitting at the 309th Aerospace Maintenance and Regeneration group at Davis- Monthan Air Force Base in Arizona. Why is the U.S_ Government sitting on these planes when they are sending anti-tank missiles and anti-aircraft systems? Why are Warthogs not included with all the weaponry sent? These planes can be sold to Ukraine, just like Turkey's Erdogan sold drones to Ukraine. This would circumvent the concerns of the United States. President Zelensky said, how long do you need, how many arms and legs and heads should be severed so that you understand? If you don't have the strength to provide a no fly zone, then give me planes. Would that not be fair? Zelensky further declared that the plane situation with the MiGs in Poland are supposed to go to Ukraine have become a ping pong match between Poland and NATO, while Ukrainians are hourly dying. In sanctioning Putin with this declaration, you are presenting that you are strongly with Americans, Ukrainians, and all freedom loving people of the world. I urge you to please do all that you can to convince our administration that there is no time to waste. Ukraine is bleeding and needs our serious help now. Just to end my speech here, I would like to say that we still don't have any program that is addressing the immigrant situation. We really need to look into that and show that we give support and get it done as quickly as possible. Thank you so much. Chair King: Thank you. Is there anyone else here for public comment on this resolution? Commissioner Russell? Commissioner Russell: Thank you, Madam Chair. Vice Chair Carollo: One more person. Chair King: Hold on, hold on. For public comment, okay. You have two minutes, sir. Two minutes. Raphael Nagli: Dear Commissioners, City Manager, yeah, just a very quick comment. I'm not a public speaker. It's almost my first time speaking in public. I was born in Latvia, from Jewish descent, but today I'm Ukrainian. The atrocities which committed by Russian army in Ukraine can leave anyone indifferent. For 80 years we were saying never again, but now when war crimes happens in Europe again the world is very slow to respond. All the promises of the judgment day which would happen in case of Russian invasion still were not implemented. Russian banks still able to transact with the world. Out of more than 300 banks which have access to Swift, only ten were blocked. Many U.S. allies still buying Russian oil which fund this war. Lots of Russian businesses in last ten years is a reverse merger formally became U.S. City of Miami Page 162 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 companies having only (UNINTELLIGIBLE) offices -- having only (UNINTELLIGIBLE) services here in United States and continue full operation in Russia. Watching events of last few days leave no doubts that Putin and his surroundings are war criminals. I want to make sure it's clear that Putin by himself couldn't commit those crimes. He has a very limited number of helpers and supporters in key position and all of them responsible for these crimes. On the other side, vast majority of Russian population doesn't support Putin, but their words rarely heard. Our organization Florida for Ukraine has people from various ethnical backgrounds, including Russians who by supporting us take risk being jailed for 15 years in case they ever go to their homeland. Putin didn't come to power yesterday. For years, he was committing war crimes, and no one cares. Sadly, it reminds a lot what happens before and during World War IL No one believed Hitler would commit crimes and the world waited too long to intervene. We call the U.S. Government for strong sanctions today. Each day that passes causes hundreds of innocent lives lost. Money can be recovered, but love -- but the lives of the people can't. Ukraine is not looking to invade anyone. Why patriots anti -craft missiles aren't supplied to Ukraine to protect its skies against Russian planes which targets civilians. Chair King: Thank you. Vice Chair Carollo: Thank you. Chair King: Thank you. Commissioner Russell: Madam Chair? Chair King: Anyone else here for public comments? Seeing none, public comment period is closed. Commissioner Russell? Commissioner Russell: Thank you, Madam Chair. I just wanted to thank Julia Lemesh and Florida for Ukraine Nicola, Raphael, you must feel very helpless being this far away, but it is incredible what you are doing. And I knew that when I introduced you to Commissioner Carollo, that he would do something incredibly meaningful like this. But even on your own with the simple permitting of protests that we we're trying to organize for -- against Mastercard and Visa, it has made a difference. They are doing exactly what you were wishing that they would do. And so, you should feel very proud for your country even far away that you're able to do this. And I'm going to try to say my statement once again that I tried the other day unsuccessfully. (Comments made in Ukrainian not translated). Commissioner Reyes: Madam Chair, I agree with everything he said. Vice Chair Carollo: (Comments made in Ukrainian not translated). Commissioner Reyes: Okay. Chair King: Commissioner Reyes, you'd like to say something? Ms. Lemesh: Fin so sorry. I just -- if there's any chance we could add Putin's allies to this resolution, not just Putin as a persona non grata. If you could just take it as a record, that would be amazing because he's not the only one who is not welcome here, obviously, but all his allies and oligarchs, relatives, and anyone connected to him. If that's possible. Chair King: Okay. Thank you. Commissioner Reyes: Will that take an amendment? City of Miami Page 163 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Russell: I'll second your motion, Mr. Carollo. Commissioner Reyes: I motion that -- Commissioner Russell: I believe you'll get unanimous co-sponsorship here. Commissioner Reyes: That's right. Chair King: Yes. Commissioner Russell: And if the mover wants that amendment, I'll accept it as well. Commissioner Reyes: That's right. I would like to make an amendment to include all his cronies and the oligarchs that support him. You 're welcome. Chair King: Okay. Are we ready for a vote? All in favor? The Commission (Collectively): Aye. Chair King: And please make note that all of us co-sponsor this item, Mr. City Clerk. Vice Chair Carollo: Julia, the last and first person -- Applause. Vice Chair Carollo: -- the last and first person, Putin, is only the second person in the history of the City of Miami that's been declared persona non grata by the City government. The last person was Raul Gorrin, the biggest money launderer for Hugo Chavez before and then Nicolas Maduro. I wasn't a member of this body then, but was given the opportunity as a former mayor to present a resolution that was adopted unanimously by the Commission then. I don 't think any of my colleagues were here then. And he was declared persona non grata. I remember the City Attorney getting nervous because we included a couple of his friends and they were threatening a lawsuit, which I laughed. Mr. Gorrin at the time that we exposed some one hundred plus million dollars in properties that he had bought in the United States, thought that after he got concerned for a short while that nothing's going to happen, and he kept going. Unfortunately, the arm and power of the United States government is slow, but fortunately is very thorough when it comes clamping down. Mr. Gorrin is one of the ten individuals right now most wanted by the FBI (Federal Bureau oflnvestigation), he's on the list of the top ten. That's why he's probably one of the most protected individuals inside Venezuela because if we would have him over here, Mr. Maduro would be more uncomfortable than he ever has been because he knows absolutely everything. Just the former treasurer of Venezuela that's in jail today, another one, like the oligarchs, that had tens of millions of dollars of property bought in the U.S. and you thought he was some kind of prince, he's in jail now. And he admitted to our government that Mr. Gorrin had bribed him through the times to the tune of over one billion dollars. So, you can imagine how much money this guy made to have been able to bribe that. This is why while this might be small today, I believe that in the future it will be much larger, because I truly believe that Vladimir Putin no matter how many nukes he's got and he threatens with, that he will not use because the one thing he loves the most is himself above anything and he knows that that will be the end of him. I do believe that he will face the Hague sometime in the future and that he will fall just like the others have. So, I thank my colleagues for this important vote today. I urge every one of us to do everything that we can so that other city governments throughout the U.S. will support this resolution, and Mr. Manager I think you've City of Miami Page 164 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 NA.2 11667 City Commission heard that it is the will of this Commission that we fly the flag of Ukraine up in City Hall here in the front until the war stops there. Thank you. Thank you all for coming. Chair King: Thank you. Thank you. Vice Chair Carollo: And all the work that you 've been doing. Applause. Chair King: Thank you. Okay. We're going to take up second reading. Commissioner Diaz de la Portilla: Can we do -- Madam Chair, can we do a picture with our guests today if you don't mind? Chair King: Sure, sure. Commissioner Diaz de la Portilla: Come up here and take a picture with all of us. (COMMENTS MADE OFF RECORD) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COLLECTIVELY BARGAIN WITH THE CITY OF MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO ("AFSCME LOCAL 1907") FOR THE ADDITION OF A SEVEN (7) YEAR DEFERRED RETIREMENT OPTION PROGRAM ("DROP") TO THE PENSION PLAN; FURTHER PROVIDING THAT COLLECTIVE BARGAINING PURSUANT TO THIS DIRECTIVE IS LIMITED EXCLUSIVELY TO THE ADDITION OF THE SEVEN (7) YEAR DROP AND SHALL BE IN SUBJECT TO THE LIMITATIONS AND ALLOWANCES WITHIN THE APPLICABLE FLORIDA LAW. ENACTMENT NUMBER: R-22-0115 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Do we want to take up SR.2 now or do we want to break for -- Commissioner Russell: Commissioner Diaz de la Portilla may have wanted to make the direction to the Manager on what he discussed, or do you not want to do that now? Vice Chair Carollo: The Manager heard. Commissioner Diaz de la Portilla: The Manager heard. I think he understands. We're not waiting until -- if he doesn't, we'll take a vote on it. Commissioner Russell: Oh, I thought we need a resolution? City of Miami Page 165 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Commissioner Diaz de la Portilla: Well, no, we gave direction. Do you understand? Mr. Noriega: You need to give me some formal direction. Commissioner Diaz de la Portilla: So, you need direction. Mr. Noriega: Because I'll -- obviously I'm going to do the will of the Commission. I don't agree with it. I think you're opening -- you 're setting a precedent that's going to flow through every union contract we have. Commissioner Diaz de la Portilla: I don't agree with that. I don't agree with that. Mr. Noriega: You -- we can agree to disagree. I'm just telling you from my perspective having lived through this process the last two years -- Commissioner Diaz de la Portilla: I agree with Commissioner Carollo and Commissioner Reyes that reopening the whole thing and Mr. Jones' argument I agree with them a hundred percent, but for you to have a conversation with them about that particular amendment that Commissioner Russell proposed is something that I would like for you to do. I don't know what the will of this Commission is, but that's what I would like to happen. Mr. Noriega: 1 would like direction on that. Commissioner Diaz de la Portilla: Okay. So, we're going to give you direction. Commissioner Russell: I'll second you. Commissioner Diaz de la Portilla: So, do you know what the direction is and Commissioner Russell has seconded it. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Is that clear now? Mr. Noriega: I'm not sure it is clear. Commissioner Diaz de la Portilla: It's unanimous. It's unanimous. Chair King: To reopen -- Mr. Noriega: But I'm not sure what you are directing me to reopen -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: It's not zero. (UNINTELLIGIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Noriega: There are all these rules regarding how you reopen a contract. Commissioner Russell: We're following Kevin's recommendation. Mr. Noriega: Yeah, I mean, give me some -- make it clear. I just -- City of Miami Page 166 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 Ms. Mendez: Right, so 1 -- Mr. Noriega: -- don't want it to be. Ms. Mendez: -- so, I will -- Commissioner Diaz de la Portilla: It already passed. You clarify with him later. Ms. Mendez: Right. Basically, that to reopen the contract pursuant to -- Commissioner Russell: For this issue. Ms. Mendez: -- for this issue pursuant to the, you know, all applicable laws. So, they will go back to their -- Commissioner Diaz de la Portilla: Correct. For this particular -- for this particular issue only and nothing else. Ms. Mendez: Yes. For the seven year drop, yes. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: I'm impressed, Madam City Attorney, how the Manager, everybody wants your guidance and for you to lead them. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: I'm impressed. Ms. Mendez: Thanks. Chair King: So, is it the will of the body that we continue? Commissioner Russell: I'd like to break if we could, Madam Chair? I have a hard stop -- Vice Chair Carollo: Let's take a break. Chair King: Everybody? Okay. What time is it? Ms. Lugo: Ms. King? Ms. King? Vice Chair Carollo: 12:11. Ms. Lugo: We would like to say something. Chair King: No. Commissioner Diaz de la Portilla: No, no. Chair King: We're done with that. Commissioner Diaz de la Portilla: Quit while you're ahead. Chair King: Right. City of Miami Page 167 Printed on 05/17/2024 City Commission Meeting Minutes March 10, 2022 ADJOURNMENT Commissioner Diaz de la Portilla: Let's quit while you're ahead. Vice Chair Carollo: That's good advice. Commissioner Diaz de la Portilla: Trust me. Chair King: We'll return at 2 o'clock, 2:30? Vice Chair Carollo: 2:30? Chair King: 2:30. Commissioner Diaz de la Portilla: I have -- Madam Chair, 1 do have some sushi in my office if anybody wants to come eat sushi, it's available. Vice Chair Carollo: Sushi? Commissioner Diaz de la Portilla: Yes. Chair King: The meeting is now in recess. Well return at 2:30. The meeting adjourned at 5: 47 p.m. City of Miami Page 168 Printed on 05/17/2024