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HomeMy WebLinkAboutCC 2022-07-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 28, 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 July 28, 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 28th day of July, 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. The Commission Meeting was called to order by Chairwoman King at 9:20 a.m., recessed at 11:29 a.m., reconvened at 2:55 p.m., recessed at 4:03 p.m., reconvened at 4:21 p.m., recessed at 6:58 p.m., reconvened at 7:09 p.m., and adjourned at 9:50 p.m. Note for the Record: Commissioner Russell entered the Commission chambers at 9:24 a.m., Vice Chair Carollo entered the Commission chambers at 9:36 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Good morning, everyone. Welcome to the City of Miami Commission meeting for July 28, 2022. As you all are aware, this is the last meeting that we will be having until September. Glad that you all are here. We have a big agenda today, so we'd like to move the agenda along. My colleagues' who are joining me are Commissioner Manolo Reyes, like always, from District Four, and Commissioner Alex Diaz de la Portilla. Good morning, from District One. At this moment, Pm going to ask Pastor Thompson of the New Harvest Missionary Baptist Church to join us here to lead us in prayer. Thank you, Pastor. Invocation delivered. Chair King: Amen. Thank you so much. Commissioner, would you honor us with the pledge of allegiance, please? Pledge of allegiance delivered. ORDER OF THE DAY Chair King: At this time, I am going to ask the City Manager if there are any items -- you want to do your speech first? Okay. Before we go to the City Manager, I'm going to ask that the City Attorney make her statement. Victoria Mendez (City Attorney): Thank you, Madam Chair. 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 Code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person with -- making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosure 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 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 City of Miami Page 1 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 action pursuant to City Code Section 2-8. Any documents offered to the City Commission 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 for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9:00 a.m. 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 wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules, as 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 their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aid, 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 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 generally been briefed by City staff and the City Attorney's office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com (sic). PZ (Planning and Zoning) items shall proceed according to Section 7.1.4. The Miami 21 Zoning Ordinance has temporarily modified, pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for PZ items, including applicant, appellant, appellee, City staff and any person recognized by the decision making body as a qualified intervener as well as applicants, representatives and any experts testing 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 by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute 286.0115 and Section 7.1.45 of the Miami Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise making devices now. Pursuant to advisory -- access to the meeting. This meeting can be viewed live on Miami TV, Miamigov.com, the City's Facebook City of Miami Page 2 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney, Mr. City Clerk, would you please read your statement? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony will 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 president 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 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's Office. Each individual who provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com. Prior to providing testimony on the Planning and Zoning item and or quasi judicial item. The 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 or procedures we have established for this meeting? Commissioner Russell: Yes. Chair King: Yes. Mr. Hannon: Chair, may, I administer the oath for the planning and zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentleman. Good morning ladies and gentleman, if you will be on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I have you please 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 Manager, are there any items that the Administration would like to continue, defer, withdraw, or indefinitely defer? Arthur Noriega (City Manager): Good morning. Madam Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the Administration would like to defer and or withdraw the following items: RE.15, to be deferred to the September 8th meeting; SR.3, to be deferred to the October 27th meeting; DI3, to be withdrawn. It's -- it was a late added pocket iteni at the request of the Chair, but it's being withdrawn now. Might not be on your plasma there. Yeah, it's not on there. Then on the PZ items, PZ.10, to be deferred to the October 27th meeting; October 27th, and then PZs 11 and 12, to be deferred to the September 8th meeting. Mr. Hannon: Chair, D -- I'm sorry, Mr. Manager, DI3, was -- was this going to be a pocket item? City of Miami Page 3 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: A pocket. Mr. Noriega: Yes, it was -- Mr. Hannon: Okay, so it's not -- understood. Mr. Noriega: It's not technically on the agenda, but I wanted to -- because it had already been kind of socialized a little bit. So, I want to make sure it was -- Mr. Hannon: Yes, sir. Thankyou. Thankyou, Chair. Commissioner Russell: Madam Chair, Just a question for the Manager. Chair King: Yeah, 1 have a question also. Did you say PZ.11 and 12 is being deferred to September 8th? Mr. Noriega: Correct. Chair King: And Administration is doing that with the approval of the applicant? Mr. Noriega: So, there's some notice provisions, I believe, on that item. There were some issues with notice. Chair King: Right, no -- Mr. Noriega: Some discrepancies. Chair King: I believe that the applicant would like to be able to speak on this. Is anyone here for PZ.11 and 12, because I don't believe that this item needs to be deferred and/or should be deferred unless it is coming from the applicant. Jose Felix Diaz: Jose Felix Diaz, 2 Alhambra Plaza. My understanding is that until late last night, our lawyers at Akerman were doing some research and they had determined that the notice issues were not lethal, I would say. And so I think that they do want to proceed. Commissioner Reyes: Question, Madam Chair, as I understand, the deferral was due to the notice issue. Chair King: You turned the mic on? Commissioner Reyes: Oh, here there is a -- Chair King: There you go. Commissioner Reyes: That is on. I don't know. Got to be closer. Chair King: No, pull it to you. You can pull it to you. Commissioner Reyes: Pull it to me? Chair King: Yes. There you go. Commissioner Reyes: Now I have it. Okay. It was because of a notice that a meeting that it was some time. My only question is, Madam City Attorney, it is fine the way that -- I mean if we here today, there is no problem? City of Miami Page 4 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: So, 1 always -- I'm very conservative when it comes to notice. 1 think it should he reset. If they have done research and they do not think that it is fatal, then it would be up to the Commissioners to decide -- Commissioner Reyes: What could be the consequences of -- If you are right. Ms. Mendez: It's appealed and -- Commissioner Reyes: By whom? Ms. Mendez: By interested parties that claim that they'll -- Commissioner Reyes: I don't see no interest. Okay. Mr. Diaz: The main issue that was identified was that there was a disparity between the notice the city had been sent and the applicant had sent. And what we realized was that there was over notice. There were eight people that were noticed by the client that shouldn't have been. So that's why there was a disparity. So we don't think that that should be a problem. That was the one we were most concerned about. Chair King: What I am requesting is that the item not be deferred and that we as a body decide whether it should go forward. So -- Commissioner Diaz de la Portilla: Agreed. Chair King: -- I don't want it deferred. If it's going to be deferred, it'll be deferred by this body, and we will decide. Commissioner Reyes: I agree with you, Madam Chair. I don't believe those should be deferred. Chair King: Thank you. Mr. Manager, do you have any other items to be? Mr. Noriega: No, ma'am, we do not. Chair King: Okay. I will start in order. (COMMENTS MADE OFF RECORD) Chair King: Alex, Commissioner, would you like to defer -- Commissioner Diaz de la Portilla: No, ma'am, I have no deferrals. Chair King: Okay. Commissioner Russell, do you have any? Commissioner Russell: All good, Madam Chair. Chair King: Commissioner Manolo? Commissioner Reyes: No, deferral I mean, I don't have any additional. Chair King: You don't have -- well, I would like to defer PH.2 and RE.14. Commissioner Reyes: PH.2. Chair King: I'd like to defer PH.2 to the next meeting, which is September 8. City of Miami Page 5 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: And RE.14. Chair King: And I'm deferring indefinitely RE.14. Good morning, Vice Chair. How are you? We are going through the items that we would like to have deferred or withdrawn. Do you have anv items? Vice Chair Carollo: Not at this time. I might in a little bit. Chair King: Okay. At this time, are there anv pocket items that need to be read into the record? Ms. Mendez: The Clerk is raising his hand. Mr. Hannon: Chair, thank you. You have a pocket item regarding the Southeast Overtown/Park West, an agreement, a second amendment to the 1983 interlocal agreement, and I also have a pocket item regarding an appointment to the Community Relations Board. Chair King: Okay, so PI I and PI2. Any other pocket items? Ms. Mendez:: Commissioner Carollo, are you thinking of any pocket items today? Do you have pocket items today that you want to address now? Vice Chair Carollo: 1 might later. Let's see how the meeting goes and how much time we have. Ms. Mendez: Thank you. Chair King: So at this moment, I need a motion to accept. Commissioner Reyes: Move it. Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The order of the day has been set. PUBLIC COMMENTS FOR ALL ITEM(S) 12378 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE JULY 28, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And I believe at this time, it is appropriate to begin our public comments. Okay, anyone here who would like to speak on the items that are on the agenda, please step forward. Good morning. City of Miami Page 6 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Elvis Cruz: Good morning, Commissioners. Elvis Cruz. 631 Northeast 57th Street. I'm here regarding item PZ.1, which is the Prescott mansion. There is a due process issue with this item as it comes before you today. There have been numerous changes to the plans for this project. As late as three days ago, there were changes made to the plans, and the latest plans are not in the agenda packet. As such, the public has not had an opportunity to review those latest plans. You should defer PZ.1 and require the latest plans to be included in the agenda attachments. Thank you very much. Chair King: Thank you. Good morning. Brett Bibeau: Good morning, honorable City Commission. Brett Bibeau, managing director of the Miami River Commission. 1407 Northwest 7th Street, Suite 2. 1 appreciate the City Clerk's current assistance in distributing copies of the Miami River Commission's advisory recommendations with attached restrictive covenants and letters of intent regarding four agenda items. In order to summarize the recommendations into two minutes, I will provide the following condensed version, RE.4 and RE.5. The Miami River Commission adopted a unanimous motion respectfully recommending the City Commission send the city owned 400 Southeast 2nd Avenue to a public referendum to extend the current Hyatt lease and allow development generally consistent with the presented draft Miami River Bridge mixed use development plans featuring the public River Walk. While utilizing the project's parked impact fee as a potential funding source to reimburse the expedited improvements and reopening of the nearby Fort Dallas Park, along with restoring its historically designated Flagler Workers House. Please note, the Miami River Commission did not consider and is not providing an advisory recommendation related to the City's financial considerations regarding this item. On PZ.7, the Miami River Commission unanimously recommended approval of the presented riverside wharf featuring the public river walk. And the other item, PZ.10, was deferred. So with that, I am done, and I appreciate your time and support for the Miami River District. Thank you. Chair King: Thank you. Good morning. Camilo Mejia: Good morning, Madam Chair, Commissioners. My name is Camilo Mejia. I'm the network's director at Catalyst Miami. We're at 3000 Biscayne Boulevard, and we are part of the Public Land for Public Good, PLPG Coalition. And we're here today because we would like for the City of Miami to accept additional proposals for the development of the GSA (General Services Adminstration) lot in Allapattah. In accordance with the City's Code. PLPG partners and Allapattah residents invested a lot of time and effort to gather recommendations from the communities, residents, business owners, and other stakeholders. Thanks to an engagement process that was conducted in partnership with the Mayor and other finders and contributors, the recommendations that were shared with the Mayor, the District Commissioner and the Manager include parks and green community spaces, educational facility, a community resource center, access to transit, affordable housing price for assisting residents of Allapattah, and climate resilience and sustainable development. We believe this recommendation should be included in the RFP (Request for Proposal) process for the development of the GSA lot and for all development built on public land in the City of Miami moving forward. Public Land for Public Good partners are all ready and committed to work with you to ensure the needs of Allapattah residents and all residents of the City of Miami are met through a fair and transparent engagement process that will guide the development of all public land in our city. Thank you. Chair King: Thank you. Thank you. City of Miami Page 7 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Luis Antonio Morales: Good morning. My name is Luis Antonio Morales, Jr. My address is 7764 West 16 Court, Hialeah, Florida, 33014.1 am here with a fellow team member, and 1 would like to ask to have one of her minutes so 1 could speak on my matter. Chair King: I'm sorry, what did you say? Mr. Morales: I'm here with a fellow team member and she also signed up to speak. I would like to take one of her minutes in order so I could fully speak on my matter. Chair King: No, just go ahead. Mr. Morales: Thank you. So, as I said, my name is Luis Morales, and I'm here to respectf Illy yet aggressively appeal any decision to approve the resolution 12103. Unbeknownst to you, the following information might be of relevance. On the first week of 2022, I presented Venture Miami with a detailed 14-page presentation where I demonstrated how I architected this very NFT (Non fungible token) project alongside my team. This presentation included a complete vision, execution, art samples, technology options, so forth and so on. A second important factor is that even though I attempted various communications to every single one of the Venture Miami leaders. I was pessimistically hit with every excuse in the book, talking about procurement laws, ethic codes, et cetera, et cetera. But here we are today cutting all the red tape. Number three, the City has announced to call this NFKEYS to the City, and my project is NFKEY to Miami. Coincidentally, 1 own the domain and all the handles to these names. Therefore, it's just an added coincidence to my position. My closing statement is that why do we have a foreign LLC (Limited Liability Company) having this no bid contract being awarded to when this is something that is historical, important to Miami, to the artists, to the developers, to the students, to the people who work from here. And I feel that we are the ones who are going to be able to give this the best light. We have worked really hard, and I would love to present to everyone we came across. Thank you. Chair King: Thank you. Xavier Puig: Hello. My name is Xavier Puig. I live on 420 Northwest 17th Ave, and I just want to share some thoughts on PZ.24 and 25. So we live right across the street on Northwest 17th, and my wife and I were very happy that those areas are going to be made parks. We have -- you know, my daughter goes to a daycare right next to it. So we just wanted to thank you guys for whoever I don't know who we thank who is trying to do that, and we're very happy to see more green areas there and we know all the kids at the daycare will be very happy for the park. The other thing I wanted to mention, I don't know if this is with you guys, but there's some snakes right around the park on the bushes. So I don't know if you guys could tell the -- I don't know who the animal control is, but yeah, that's pretty much it. Yeah, we're very happy for it. We're totally for it. We saw that they're putting some grass on there right now and that's what we came to say. Yeah. Chair King: Thank you. Good morning. Joe Rascoe: Good morning. Joe Rasco. I'm the chair of the Virginia Key Advisory Board. Former Mayor of Key Biscayne and longtime resident. 310 West Heather Drive, Key Biscayne. I'm not speaking on behalf of the board because we have not been able to meet since the discussion item that is on the board today before the issue has come to light. The report released by the City staff yesterday identifying Virginia Key as one of the potential sites for temporary housing for the City's homeless has created an outcry from many, many different sectors of our community, including the residents of Key Biscayne. This proposed use of land -- of the land use is not City of Miami Page 8 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 consistent with the Virginia Key master plan adopted by the City in 2010. As such, it should not be an option. I urge the Commission to adhere to the master plan and eliminate Virginia Key as a consideration for the potential site of the City's homeless. Thank you. Chair King: Just FYI (for your information), homelessness is not consistent with anyone's master plan. Thank you. Lafrance Philippe: Good morning to Mr. and Mrs. Commissioners. My name is Lafrance, last name, Philippe. 1 live at 710 Northeast 85th Street, apartment 11, Miami, Florida 33138. 1 work at the Hyatt Regency for 40 years, as all over, this development will be good for both the City of Miami and the current Hyatt hotel workers. Many Hyatt workers have been at the hotel for decades, and several will be unlikely to return after the closure and redevelopment. With our union, we were able to negotiate a great severance package for those that will retire before this development is complete. I ask that you support this item. It will help renovate an important city property and has taken care of its workforce as well. Thankyou. Chair King: Thank you. Good morning. Fausto Gomez.: Morning. Madam Chair. Commissioners. Fausto Gomez. 765 Crandon Boulevard, Key Biscayne, Florida. Madam Chair, 1 began my professional career right up there for seven years. I understand the prerogatives of the City of Miami and respect them. I understand, obviously, the prerogatives for you to use your land as you deem appropriate. As a resident of Key Biscayne, 1 am asking you, and certainly Commissioner Carollo, because 1 understand the Commissioner in September of last year raised this issue. So, we were alerted, the Virginia Advisory Board and the committee was alerted that perhaps this was coming down the pipe. I urge you to be good neighbors with Key Biscayne and the rest of Miami -Dade County who uses that turnpike. I also urge you to be cognizant of the public high school there, Mast Academy, and the impact that this encampment could have on Mast Academy. Obviously, this is your prerogative. I come to you as a neighbor. I come to you hopefully as a friend and somebody that looks forward to working with you in partnership so we can address this problem. Please don't do that on Virginia Key. Thank you, Madam Chair. Chair King: Thank you. Good morning. Mike Hill: Good morning, Madam Chair, Commissioners. My name is Mike Hill. I work with Unite here at Local 355. We represent the workers at the Hyatt and have for a while. We're here to speak in favor of RE.5 and the redevelopment plan. We do think this is a good example of how development should be done in the city. They are compliant with the City's labor peace policy, and we have an agreement in place to protect those workers. Like Lafrance just said, he's been there 40 years. You have folks in the city that have worked here for a really long time. This agreement takes care of them. And there's a severance package in place, so the folks that won't be able to come back when this is done will be compensated for that. So please support it. And thank you. Chair King: Thankyou. Good to see you, Mike. Good morning. Luis Infante (as translated by official Spanish Interpreter): Good morning. (Comments made in Spanish not translated). Mvriam Garrett: (Comments made in Spanish not translated). City of Miami Page 9 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: I think you should he saying it in English, right? You're supposed to translate it to English. Commissioner Diaz de la Portilla: English. Ms. Garrett (as translated from Spanish to English) My name is Luis Infante, and I am politician in Cuba. Victoria Mendez (City Attorney): A political -- I'm sorry, a political prisoner. Commissioner Diaz de la Portilla: A political prisoner. Ms. Mendez: Yeah. I just wanted to -- Commissioner Diaz de la Portilla: It's a big difference. ference. Mr. Infante: Well, I'm going to introduce myself former Cuban political prisoner. Ms. Garrett (as translated from Spanish to English): We find ourselves here to recognize and to show our gratitude for the attention that Commissioner Carollo has had with our organization, Former Cuban Historical Political Prisoner, founded by expresses politicians -- Commissioner Diaz de la Portilla: Not politicians, prisoners. 1 could do the translation if want. Mr. Infante: Former Cuban political prisoners. Chair King: (Comments made in Spanish not translated.) Commissioner Alex Diaz de la Portilla will do the translation. The translator is stuck in traffic. Thank you for your help. He'll finish the translation. Commissioner Diaz de la Portilla: I think we all due respect, Commissioner Carollo who's been sponsoring this event and fighting for this issue for a number of years now, I think he should do a translation. Chair King: He wants you to do it. Ms. Mendez.: Commissioners. I think she is. Then you're the actual translator, right? Interpreter.: Yeah, I'm the translator. Ms. Mendez: Yeah, she just got here. They switched off really quick. Commissioner Diaz de la Portilla: Okay, we'll go ahead and let her do it. Chair King: Okay. Mr. Infante: My skew [sic] for all of you for this inconvenience. Commissioner Diaz de la Portilla: So you speak English? Mr. Infante (Comments made in Spanish as translated by an official Spanish Interpreter): Okay. Our organization was founded about 40 years in the community. It's excel the assistance that's been offered by the Commission and the sharing of the foods during -- City of Miami Page 10 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Thanksgiving. Mr. Infante (Comments made in Spanish as translated by an official Spanish Interpreter): Thanksgiving, during Christmas festivities, too. During the mighty pandemic of the COVID virus, and the construction of a monument that enlightens the fight of the country of Cuba against the Castro's tyranny. These situations and others. We feel proud to be here in this district that represent the Carollo Commission, be a part of the neighborhood and identify the community in general. We want to suggest the Commission that any request of the Carollo Commission that could benefit our organization be taken into accountability for you and supported. We're an organization of men and women and we carry in our bags a lot of years of prisonment. It's true that we're old and we might look a little bit tired, but you don't know something. We don't give up. Thankyou very much. Chair King: (Comments made in Spanish not translated). Vice Chair Carollo: I want to get something on the record. For those of you that speak Spanish I don't think I need to say this, but for those that don't, the gentleman never stated nor repeated the words the Carollo Commission that was inappropriately and erroneously translated. Chair King: Good morning. Annie Lord: Good morning. My name is Annie Lord. I'm the executive director at Miami Homes For All. 3250 Southwest 3rd Avenue and Miami Homes For All is also a member of the Public Land for Public Good coalition. And we're here today to request that this Commission accept additional proposals in addition to the unsolicited proposal for the redevelopment of the GSA site. This would be consistent with the code which upon the receipt of such a proposal would provide a period that would allow for additional proposals to be submitted. We're eager for a competitive bidding process because we think that's what's best for the City. We think that gives the most benefit to the city, to the residents, and we also hope that the Commission will communicate, the Commission and the Administration will communicate to any proposer, current or future, the Community Insights Report that was developed in partnership with the Mayor and other funders, that -- and this was a community engagement process with the residents and business owners in Allapattah. And that Insights Report includes several recommendations for the redevelopment of that site. And the recommendations include having an educational facility, community resources, community green space and recreation space, and, of course, affordable housing, and in particular, affordable housing that would be affordable to current residents earning between 60 and 100 percent of the median income, and which in total would average 80 percent of area median income. So that we can ensure to get some mixed income units there. And hopefully a solid percentage of the total units would be affordable, at least 20 percent. We also hope that this Commission will engage in another engagement -- community engagement process with the residents and the business owners in order to develop a community benefits agreement. All of this is totally possible. There's plenty of funding available between ARPA (American Rescue Plan Act) and bond -- the Miami Forever Bond Funds. So PLPG, the Public Land for Public Good coalition stands ready to be collaborative, and we hope well keep the lines of communication open. Chair King: Thank you. Ms. Lord: Thankyou. Commissioner Diaz de la Portilla: Madam Chair. Madam, who do you represent? City of Miami Page 11 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Lord: I'm the executive director at Miami Homes For All. Commissioner Diaz de la Portilla: And who's Miami Homes For All. I haven't met with them. Ms. Lord: We've met with some of your staff. We've been acquainted. Miami Homes For All is a nonprofit organization Commissioner Diaz de la Portilla: Based -- where is it based? Ms. Lord: Based in Miami. Commissioner Diaz de la Portilla: What part of Miami? Ms. Lord: We're at 3250 Southwest 3rd Avenue, Miami, Florida 33129. Commissioner Diaz de la Portilla: So, you're in Coral Way, you're not in Allapattah, correct? Ms. Lord: Correct. Commissioner Diaz de la Portilla: Okay. Ms. Lord: We're a member of the coalition. Thank you. Commissioner Diaz de 1a Portilla: Thank you. Chair King: Good morning. Esther Alonzo: Good morning. Good morning, Commissioners, thank you for hearing us out this morning. I'm here to provide comment on DI.2. I'm not here to speak on whether homeless individuals should receive services. I'm here to speak specifically on the item that references Virginia Kev as the optimal site. This is a city park. It's not an isolated area. It's a heavily used area. It's an area that provides services for our community. We're already facing a shortage of park space, more so now as we're going to have a huge swath of parks that's going to not be available for a while. This is a place that is environmentally sensitive. It's a place that it's an economic engine for our communities, both for tourism and for locals. Folks come here and stay here longer because of what's available there, and it's not available anywhere else in the City of Miami. This is a special place. That has special conditions and special challenges. The cost of implementing services at that location would detract from the service funds available for those individuals that need assistance and would be best served by providing those funds to the individuals rather than to the infrastructure needed to move that facility or create a facility at Virginia Keys North Point. And I'm going to go a step further because Virginia Key is always in someone's great grandiose plan and we've heard them year after year. Virginia Key needs protection. And I'm hoping that today you will consider implementing codified protections for Virginia Key's North Point. Thank you. Chair King: Thank you Todd B. Hannon (City Clerk): Chair my apologies. Can I get the speaker's name, ma'am. I just get your name for the record. Ms. Alonzo: Esther Alonzo. Mr. Hannon: Thank you, ma'am. City of Miami Page 12 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Good morning. Oliver Telusma: Good morning. My name is Oliver Telusma. I'm the Equal Justice Works fellow at the Community Justice Project. Our address is 3000 Biscayne Boulevard, Suite 106, Miami, Florida, 33137. We are also a member of Public Land for Public Good. And just to reiterate some of the points that Lord made earlier, that it is our belief that the proposal, which is DI1 should be subject to an open RFP process. It's not only consistent with City Code, but it is the preference of the members of the community. That includes some of the things that they've asked for are green spaces, community resource center, bike trails and amenities, and most importantly, affordable housing. And he kind of went over this earlier, but affordability, meaning residents who earn 60 to 100 percent of AMI (Area Median Income) within the area and includes units that are rent to own and sized to fit multiple generations, so multi - generational housing. We believe that all these requests are reasonable and achievable with the resources that the city has at its disposal. Thank you so much. Have a great day, Commissioner Diaz de la Portilla: Sir. Sorry, ma'am, what's your address again? Mr. Telusma: 3000 Biscayne Boulevard, suite 106. Miami, Florida 33137. Commissioner Diaz de la Portilla: That's not in Allapattah either? Mr. Telusma: That's correct. Commissioner Diaz de la Portilla: Okay, thank you. Chair King: Good morning. Diana Perez: Good morning, Commissioners. My name is Diana Perez. I am the Director of Operations and Marketing at the Virginia Key Outdoor Center. The Virginia Key Outdoor Center is actually the location -- is in the location of the Virginia Key parcel that is going to be discussed today in the discussion item in regards to the transitional zone. This area is being considered basically to be a homeless village for the chronically homeless. I would like to ask the Commission, why is an area that is so ecologically fragile, why is an area that is approximately, a six mile walk or a six mile bike ride or a six mile bus ride to any of the services that these individuals would need, why is that being put on Virginia Key? It is a two mile walk. It is a two mile bike ride from the nearest bus stop. This area is kind of an ecological treasure. You have tourists that come here every single day. You have residents that enjoy it. So my question also poses why did the public learn about this on Tuesday night through social media? Why was the proposal PowerPoint not presented on the agenda? Thank you. Ricardo Mor: Hi. My name is Ricardo Mor. I'm representing Bakehouse Art Complex regarding PH7. We are a community partner for the initiative, for the NFT initiative, and we just wanted to express our support for it as a community partner, Bakehouse Art Complex will reach out to its internal artist community to support the initiative as well as to other artists in Miami and artists serving organizations to inform them about and promote the NFT initiative with the aim of maximizing participation by Miami based artists. We will make available to our facility to promote and celebrate the initiative, and we believe that this proposal would help support NFT creation with city artists and help raise revenues for artists and our organization. I'd like our board chair, Jason Cormann and two of our artists to speak briefly. Jason Koman: Thanks, Ricky. Good morning, Commissioners. City of Miami Page 13 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Good morning. Mr. Koman: Jason Koman here, chairman of Bakehouse Arts Complex. We're here to speak in support of PH7, which will he a platform for NFTs that will help create value for the artist community in Miami and particularly Bakehouse over time. We've been here in Wynwood for 35 years, creating a community of artists and creating vibrancy where people can make art and actually turn their art into vibrant lifestyles. We have a medium term plan for creating affordable housing, and this initiative will help us deliver that more quickly. And I want to just point out that supporting the arts is not actually simply about creating pretty stuff. It is about creating a vibrant community where people can express their creativity and actually create economic vibrancy for themselves. So we ask that you please to vote in favor of PH.7. Thank you. Chair King: Thank you. Tara Long: Hello. Good morning. I am also speaking on PH7. My name is Tara Long. I'm a four-year artisan residence at the Bakehouse Art Complex. I've been researching and participating in Crypto Web Three and NFTs for the past three years. I currently run a team of eight artists and developers. We're about to release a generative NFT collection called Divine Nymphs, and we can't wait to share it with the world and you. I recently spoke with the Bakehouse about this project, and 1 think the initiative is a great way to elevate local artists working in the digital space. Not only will the opportunity bring visibility to our practices, but it will also create a way for us to generate income from selling the work on the platform. With the cost of living as high as it is, it's important for the city to help contribute to economic sustainability for local artists through initiatives like this one. Thank you for your time. Xavier Lujan: Good morning. My name is Xavier Lujan. I'm also an artist in residence at the Bakehouse -- sorry at the Bakehouse. And then we're here for item, PH.7. I've also been working in the crypto space, and not only for my personal art, but also with organizations working with local artists and partnering to provide support from their sales to local coral reef organizations. So there's a lot of positive impact that supports and the City of Miami support more initiatives that provide opportunities for artists and local communities to leverage new technologies. Thank you. Chair King: Thank you. Hi. Morning. Justin Routt: Hello, Commissioners. Thank you all for having rne. Hi Chairwoman King. Commissioner Russell. Good to see you guys. So I'm here as a member of the Bayside Historic District to talk about PZ.1. What we know is the Prescott Lot, what the developers refer to as the Moss Katie Lot, and I just want to talk about my support for this initiative. First, Chairwoman King, I really appreciate your help throughout this entire process. I know we kind of threw you in the fire with dealing with this, but ultimately, I think this is going to be the best thing for our neighborhood. Already, Victor and his team have been helping us with -- on the resiliency issues, our sea wall, a number of other infrastructure issues that I know you and your office have heard a lot from me about. In addition to that, though, I think it's going to be important for helping the resiliency of the neighborhood, the property values, and just ultimately improving our neighborhood to be a better place and a more welcoming place. We've seen some opposition from a variety of neighbors, but it's been relatively minimal. More importantly, as a member of the board, I've seen our internal negotiations and discussions. It's been a three year process from beginning to now, today, and we worked really hard to come to a compromise that will ultimately improve our neighborhood. Last night, we voted on our support. for the initiative at the board, and City of Miami Page 14 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 it was unanimous support from our board. So I think in the interests of our community and our neighborhood and also the long term viability, of our neighborhood, we'd love to see support from the Commission as well. Thank you, guys. Chair King: Thank you. Please. Wendy Mendeza: I'm his mom, and I've lived in the neighborhood -- Mr. Hannon: Chair, my apologies, ma'am. Can you pull this -- yeah, the microphone down a little closer. Ms. Mendeza: Sorry. Is that better? I've lived in the neighborhood for over 20 years, and I'm in full support of the project. I'm disappointed that it's taken three years to get to this point. We need the land developed from a position I stand is that when there's rain or when there's high tide and the water comes in, it floods the houses in front. Because we are essentially at sea level there. With this project there, and the infrastructure that the developer has to do to fix it in front, it will alleviate this. The last rains we had, we literally were out there raking away the leaves to try and get the water to go down, et cetera, and we're sort of worried about what happens if some of this infrastructure doesn't start to occur. Having lived in the neighborhood for 20 years, I am concerned that the city has not done anything in our neighborhood. Now, with the increase in tax dollars that is going to occur from these five homes that are there, perhaps it will get us some added addition -- some additional look at for our neighborhood. So that's where 1 come from. I think the fact that they have to do that, that the city is making them do that, is beneficial to us. 1 think the added tax revenue that the city can use will be beneficial ultimately to us, whether it's an extra police officer, extra money for the local elementary school, et cetera. Like you said, they've already started helping us with the crumbling seawall, and it is literally crumbling there. And in two weeks, they've managed to do what we haven't been able to do in six months. And they're beautiful. And I would love to see additional families in my neighborhood. Now there's a lot of families with children, et cetera, and this will just bring more of that, which is wonderful. So, I hope that you all vote yes. Thanks. Chair King: Thankyou. Good morning. James Torres: Good morning, Madam Chair (UNINTELLIGIBLE) did I get it right? Did I nail it before we're done? Good morning, Commissioners. Thank you for your time today. James Torres, president of the DNA (Downtown Neighbors Alliance). I would like to speak to the Miami Bridge Project, RE.4, RE.5. The Downtown Neighbors Alliance reviewed the plans and the marketing that was shared with us several times. We do support the project. However, there are some concerns as it relates to housing, which is a key component, as we all know that the city is going through and the U.S. as well. The other issue, which is the major caveat, is the traffic implementations that this is going to bring up. We kindly ask that the city look at a study. We've looked at one that the developer provided, but I think the city should also look at it because that is the high dense area on 2nd and where the bridge comes in, the Brickell bridge. So that's something that we should look at as we move forward. The other thing that we shared is the noise ordinance. We've asked them to exclude themselves from that, which is 36.4 and 36.5 because there's an ambient area that they're creating there that could create a noise scenario for the neighbors throughout the Brickell and Downtown area. So, we kindly ask if you're moving forward this as a yes vote that you look at the concerns that the Downtown District is asking. I know that I reached out to Commissioner Manolo Reyes' -- the DDA (Downtown Development Authority), and had a conversation about the traffic and the noise scenario. So we just want to be cognitive of that issue as we move forward. Greatly appreciate the time this morning. Thankyou. City of Miami Page 15 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Thank you. Good morning. Charles Dansie: Good morning. My name is Charles Dansie and 1 approve support of the Prescott Project, PZ.1. I've been a neighbor, for the past 20 years, and we're really happy to see improvement in the area of this magnitude. And we're also happy that we're not going to have a building blocking our views. We really appreciate that our homes -- building in the site, and we're here in full support. Thank you so much. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6 Street, Miami, Florida, 33135. My comment today is about the homeless transition zone locate (UNINTELLIGIBLE) Virginia Key with teenagers, we do cleanups. We do so many things the city should support. Virginia Key is not just a park, but it's a place where we all go kayaking. Two weeks ago, I was with my kids and my nephews doing kayaking in Virginia Key, and we're talking about doing cleanup with teenagers, business owners, to maintain the beautiful park that we have. And just to think that now we're going to do a different project. What are we going to do when unfortunately, some of those future residents that are planning to be there start throwing trash, as the new resolution with the Miami -Dade County is stating that anybody who throw trash in the water, ocean, canals can be fined into [sic] $2,500. So, the city is going to be responsible for those individuals who throws trash as well, because we have to think about the whole picture. It's not just about relocating person that they are unfortunately have that situation, and we keep doing the same thing over and over. We give over $60 million to the homeless trust. And if you calculate that between all the homeless that we have in the City of Miami, you can give them over $100, 000 each, every year, if you're just going to do individual. So just to please keep in mind that the park belongs to all of us, the City residents. It's tourists that come, yes, but this our park. And if its necessary, I will make sure that we start collecting signatures of voters, which should be important for every single person in this body to know that we need to save our parks and we need to save -- Chair King: Thank you. Ms. Betancourt: -- those little green -- Chair King: Good morning. Steve Wernick: Good morning, Madam Chair. Commissioners, Steve Wernick, address at 320 Miracle Mile, Coral Gables. I'm here on behalf of Goldman Properties today, and Item PZ.4 speaking in support. These are some minor amendments to the NRD-1 (Neighborhood Revitalization District 1). Wynwood continues to be an economic engine for the City of Miami. As things change in the world, in Miami, it's an opportunity for continued economic development, job creation, and public private partnership. That's really what this Wynwood Neighborhood Revitalization District is. I think there's some very minor changes between first and second reading that we've been talking to staff about, just clean up amendments with some zoning application. Other than that, I think it's a great improvement to the NRD-1 and we appreciate your support. Thank you. Chair King: Thank you. Morning. Luimar Zibetti Garza: Good morning. Luimar Zibetti Garza, homeless at Peacock Park. 1 will make it quick. Last meeting, Frederica Wilson brought over the COVID- 19 memorial and all of a sudden came out of the woodwork a bunch of people wanting to take from the ARCA [sic] account. And we are the homeless, and all of you are talking about us. And we would hope that you would speak directly to us. He is City of Miami Page 16 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 handing out the flyer that we made, luckily, through the good graces of the library, free for the homeless. That being the case, number two -- item two. Last week, you had 12 million allotted to seek homeless youth with insecurity housing so that we can traffic them. Beyond that, the foster care program, you had 700,000 programs so that we can accelerate the trafficking of children. And you had 1.6 million pace for girls so that they can be trafficked. Also, I will ask you, and I say this directly, that to Joey Fleckis [sic] and all the Pulitzer Prize winning journalists, you are doing a disservice to this community by not making quite clear what is going on in the city of -- the city of Coconut Grove and also at Coconut Park. Also being the case. Speaking about human trafficking, under the NFTS, which is PH.7, 1 would strongly recommend that you do not pass PH.7, because this is all money generated from human trafficking. And since it is being sponsored by Mayor Suarez and he was called over to the World Economic Forum up in Davos under the auspices of Charles Schwab, I would truly not pass PH.7. And my last item is the flyer that I handed to you. Friend or foe, Trump or Joe, choose you this day to help patriots save the children. We are the homeless alliance of Peacock Park. Living ever spiritually serene. I suggest that you try x22report.com or in Rumble [sic] andweknow.news [sic]. And my final item, ifI may - Chair King: Thank you. Ms. Garza: very -- (INAUDIBLE). Chair King: Thank you, ma'am. Thank you. Ms. Garza: (INAUDIBLE). Chair King: Good morning. Carolina Florez: Good morning. My name is Carolina, residing at 625 Southwest 9th Street, 33130. In opposition to the transition zone in Virginia Key. Being a tourism professional, and this affecting the tourism industry, I don't find it particularly beneficial, really, to any parties. I'm not sure that this would help people experiencing homelessness. As previously mentioned, it is about a two mile walk or bike to the nearest bus station. So how would you propose that they would be able to get to the locations that are about 6 miles away to get the needs that they need? We also need to preserve our ecological treasures in Miami, and we have a serious lack of green spaces here. We have a lot of open spaces in Little Havana that could be parks. And I think that we really need to preserve and think about the environment and just come up with a better solution. Thank you. Chair King: Thank you. Good morning. Maria Elena Rodriguez: Ladies and gentlemen, my name is Maria Elena Rodriguez, aka Ms. Kitty. I am a resident of Peacock Park for more than 12 years and I am here concerning the agenda that we had discussed a couple of months ago concerning the buffers that were destroyed and wallflowers that I wanted to put up to keep the pedos out of the park. I have personally taken out three pedophiles that were in this park and I had spoken -- well, my sister actually spoke with Mr. Russell concerning coming and we can discuss this and see how we can work it out so that we can protect the children from the park. We have made several attempts and yet Mr. Russell went to the Barracuda and had a big event and we're literally across the street and there was no time made for us so we can discuss the issue. This is very important to me. Now, on top of that, we have a situation with the sailing club where we have machines and equipment that has been in such disrepair, and I brought it up to different people from the park to fix it and nothing's been done. And I have a vet that needs to be on one of the machines and it's in disrepair. I just wanted to make mention and see what can we City of Miami Page 17 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 do to protect the children in this park because like 1 said, back and forth between fixing this Coral Gab -- the Sailing Club, Coconut Grove Sailing Club and taking care of the children in this park, like I said, it's important. It is very, very, very important -- Chair King: Thank you. Thank you. (COMMENTS MADE OFF RECORD) Chair King: Is there anyone else here for public comment? Vice Chair Carollo: They're all from your district, Russell. Chair King: This concludes the public comment portion of our meeting. Public comment 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. END OF MAYORAL VETO(ES) City of Miami Page 18 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.1 12080 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $263,663.00 CONSISTING OF A GRANT AWARDED FROM THE STATE OF FLORIDA'S DEPARTMENT OF HEALTH, EMERGENCY MEDICAL SERVICES ("EMS") TRUST FUND TO IMPROVE AND EXPAND PRE -HOSPITAL EMS PROGRAMS; ESTABLISHING A NEW SPECIAL REVENUE ACCOUNT TITLED "EMS MATCHING GRANT AWARD — M0037" IN THE AMOUNT OF $263,663.00, WITH A REQUIRED MATCH FROM THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED $87,887.00, FOR A TOTAL AMOUNT OF $351,550.00; ALLOCATING THE CITY'S MATCHING FUNDS FROM ACCOUNT NO. 11000.184010.481000.0000.00000 FOR THE PERIOD BEGINNING MAY 2, 2022 AND ENDING JUNE 30, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE, ALLOCATION, AND COMPLIANCE WITH THE GRANT. ENACTMENT NUMBER: R-22-0264 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, colleagues, do any of you want to discuss any of the CA (Consent Agenda) items? Would you like to pull any of the CA items? Mr. Vice Chair? Vice Chair Carollo: I would like to pull and discuss it separately so we could vote on it, CA.13. Chair King: CA.13. Vice Chair Carollo: Ken, I thought we had a City Ordinance that parks are closed. No one's supposed to be in them from 10:00 p.m. to 7:00 a.m. Do we have signs at Peacock Park to that effect or not? Commissioner Russell: Yes, closed at sunset. Vice Chair Carollo: Well, lady says she's been there for twelve years. Commissioner Russell: Sorry, there's one exception. So, within the lit areas for sporting, it often goes till 9:30. And that part of Peacock Park that's lit for both the basketball courts as well as the baseball field goes till later. But ves, there is a prohibition on -- Vice Chair Carollo: Look, these two ladies here that claim they've been living there for twelve years, at least one of them did. The other one, when I was City Manager of Doral, City of Miami Page 19 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 she lived over there, so there's no way she was living here for twelve years in Peacock Park. Unlike most of the homeless that I see out on the street, 1 don't think they have a drug problem or anything else. I think they're able to work. Bingo is their lucky day. 1'll share with you helping them get something to move them out and help them get a job so they could join the workforce. So, you know, I'm kind of tired of hearing the same thing, throwing this homeless stuff when we all know there are millions upon millions of dollars that are being spent by us, the County, the State. And I found out today, thanks to Ron Book and the local paper, that they get 41 million extra from the Feds. So, I don't know why they should be living at any park, but at least I'm glad that they're well dressed and so on. But these are the people that, if they want to, certainly can be helped. They're not burned out from drugs, so I'm willing to be there and help and getting them out of there. Commissioner Russell: Thank you. Madam Chair, just a brief response. Chair King: Yes, go ahead. Commissioner Russell: Thank you. Commissioner Carollo. I agree with you that the resources are there, and they're not always spent in the right way. I remember as a child in the 1970s, people living in Peacock Park, and it's quite similar now. It's a quiet group and not causing trouble. Police are very aware. I think we have the same interest in helping the homeless get to the next step in life and whether that's shelter and into job and into housing, we may just disagree on some of the methods of where and how, but I think the spirit of what we're trying to achieve is the same. So, I look forward to working together with you on this morning. Vice Chair Carollo: Okay. Thank you. Chair King: Now, Commissioner Diaz de la Portilla, are there any CA items that you would like to pull for discussion? Commissioner Diaz de la Portilla: No, ma'am. Chair King: No? Commissioner Russell, any CA items you'd like to pull for discussion? Commissioner Russell: No, thank you. Chair King: Okay, so may I have a motion? Commissioner Diaz de la Portilla: I'll move the CA items, Madam Chair. Commissioner Reyes: Second. Vice Chair Carollo: Second. Todd B. Hannon (City Clerk): And Chair, my apologies -- Commissioner Diaz de la Portilla: Except CA.13. Chair King: CA.13 has been pulled for discussion. Commissioner Diaz de la Portilla: Yes. Chair King: So, I have a -- Mr. Hannon: And just for the record, Commissioner Reyes would like to co-sponsor Item CA.8. City of Miami Page 20 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.2 12151 Department of Police Chair King: Okay. Vice Chair Carollo: CA.8? Commissioner Reyes: Yes. Chair King: And I'm a co-sponsor for CA.9, or a sponsor. It doesn't have a sponsor. Commissioner Reyes: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. CA.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 have passed unanimously. Commissioner Reyes: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES, TO CONTINUE THE PROVISIONS OF THE JOINT ENFORCEMENT ZONE, LAW ENFORCEMENT SERVICES, AND EXTENSION OF THE MULTI -AGENCY ANTI -PROSTITUTION AND HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. ENACTMENT NUMBER: R-22-0265 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1 and "Public Comments for all Item(s)." City of Miami Page 21 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.3 RESOLUTION 12129 Department of Procurement CA.4 12241 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON APRIL 22, 2022, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1486386, FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, LIQUID 02 TRANSFILLS, INC., A FLORIDA PROFIT CORPORATION ("LIQUID 02 TRANSFILLS"), FOR THE RENTAL OF MEDICAL & INDUSTRIAL GASES CYLINDERS, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI ("CITY") FIRE RESCUE DEPARTMENT ("FIRE") AND GENERAL SERVICES ADMINISTRATION DEPARTMENT ("GSA"), FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM FIRE GENERAL FUND ACCOUNT NO. 00001.184010.552100.0000.00000, GSA GENERAL FUND ACCOUNT NO. 05001.242000.544000.0000.00000 AND SUCH OTHER VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0266 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST THE OFFICE OF THE CITY ATTORNEY MAY HAVE, TO ENABLE IT TO REPRESENT THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI A/K/A MIAMI PARKING AUTHORITY ("MPA") IN THE PENDING LAWSUIT LISTED BELOW. ENACTMENT NUMBER: R-22-0267 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. City of Miami Page 22 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.5 RESOLUTION 12146 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A PILOT PROGRAM PURSUANT TO SECTION 2-33(C)(9) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE", AT NO COST TO THE CITY OF MIAMI ("CITY"), FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS, FOR USE OF THE CITY CONDUCTOR, A WEB -BASED TOOL FROM LACUNA TECHNOLOGIES, INC., A FOREIGN PROFIT CORPORATION PENDING REGISTRATION WITH THE STATE OF FLORIDA DIVISION OF CORPORATIONS ("LACUNA"), FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR THE PROVISION OF VISIBILITY INTO ALL MICRO -MOBILITY VEHICLES DEPLOYED IN THE CITY, CREATION AND COMMUNICATION OF DIGITAL POLICIES THAT REFLECT THE CITY'S ORDINANCES, AND MANAGEMENT OF EACH OPERATING COMPANY'S COMPLIANCE WITH SAID POLICIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY CONDUCTOR TRIAL AGREEMENT WITH LACUNA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS 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-22-0268 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. CA.6 RESOLUTION 12207 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MIAMI-DADE COUNTY'S WATER AND SEWER DEPARTMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE WATER AND SEWER SERVICES TO A COMMUNITY CENTER THE CITY OF MIAMI INTENDS TO CONSTRUCT IN GERRY CURTIS PARK LOCATED AT 1901 NORTHWEST 24 AVENUE, MIAMI, AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40- B193512. ENACTMENT NUMBER: R-22-0269 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. City of Miami Page 23 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.7 RESOLUTION 12206 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON -DISTURBANCE AGREEMENT AND ANY AMENDMENTS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA POWER & LIGHT COMPANY ("FPL") REGARDING THE ENCROACHMENT OF A PROPOSED MULTIPURPOSE SPORTS GYMNASIUM IN MOORE PARK LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, ON PORTIONS OF THE FPL EASEMENT RECORDED IN OFFICIAL RECORD BOOK 28859 ON PAGE 3531, AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193513. ENACTMENT NUMBER: R-22-0270 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. CA.8 RESOLUTION 12205 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING REIMBURSEMENT GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("REIMBURSEMENT GRANT FUNDS"), FOR THE DOG RUN PARK LOCATED AT 2201 SOUTHWEST 26 STREET, MIAMI, CITY OF MIAMI ("CITY") PROJECT NO. 40-B193522A, COUNTY PROJECT NO. 82-3004875 ("PROJECT"); AUTHORIZING THE CITY'S REQUIRED MATCH IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS ($566,859.00) ("CITY MATCH") AND INCLUSION OF THE REIMBURSEMENT GRANT FUNDS AND THE CITY MATCH IN THE CITY'S CAPITAL PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT") WITH THE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE REIMBURSEMENT GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-22-0271 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. City of Miami Page 24 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.9 RESOLUTION 12316 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP") FOR THE RESTORATION, IMPROVEMENT, AND LEASE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE OLYMPIA THEATER AND TOWER; AUTHORIZING THE CITY MANAGER TO ISSUE THE RFP, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE ANY AND ALL AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0272 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.1. CA.10 RESOLUTION 12149 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SEVEN (7) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("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-22-0273 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see Item Number CA.1. City of Miami Page 25 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.11 RESOLUTION 12197 Department of Resilience and Public Works CA.12 12172 Office of the City Attorney 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 968 ("SR-968")/WEST FLAGLER STREET FROM SOUTHWEST 19TH AVENUE TO SOUTHWEST 18TH AVENUE. ENACTMENT NUMBER: R-22-0274 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALVIN CANIDATE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $120,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ALVIN CANIDATE VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:20-CV-25334- BB, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 AND BATTERY PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-22-0275 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.12, please see Item Number CA.1. City of Miami Page 26 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 CA.13 RESOLUTION - Item Pulled from Consent 12311 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND GROVE BAY INVESTMENT GROUP, LLC ("GROVE BAY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AMENDING THE LEASE TO AUTHORIZE THE CONSTRUCTION OF TEMPORARY FOOD AND BEVERAGE ESTABLISHMENTS AND RELATED PROVISIONAL STRUCTURES (COLLECTIVELY, "PROVISIONAL STRUCTURES") WITHIN THE LOCATION DESIGNATED FOR THE FORMAL RESTAURANT FOR A MAXIMUM OF SEVEN (7) YEARS IN EXCHANGE FOR INCREASED PERCENTAGE RENT APPLICABLE TO SUCH PROVISIONAL STRUCTURES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. ENACTMENT NUMBER: R-22-0276 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Chair King: Vice Chair, you'd like to discuss CA.13? Vice Chair Carollo: Yes, ma'am. Chair King: In the interest of this meeting, because it's our last meeting before our recess and it is quite a hefty agenda, may I hold you to 15 minutes for comments, each of us, and then. Vice Chair Carollo: I don't think I need that much. Chair King: Great. Commissioner Reyes: I move that we get three minutes just like them. Chair King: They get two. Commissioner Reyes: Well, one more, not 15. Vice Chair Carollo: This is an item -- this is an item that has been around since 2013, went to a referendum. None of us that I know ever voted Jbr it, so we inherited it. But I remember from reading that when it went to referendum and the statements that were made in the media was that they were going to tear down Scotty's Landing, Chart House so that they could build three new restaurants, a Shula's, some kind of upscale Peruvian restaurant, and a pub that was going to be built there. All that I'm seeing now is that I'm getting a modified Wharf and I'd like to know, how much money are we going to be losing? How much did we make before when Scotty's Landing was there? When the Chart House is there, how much are we losing now? And what we're City of Miami Page 27 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 approving, is there a cut off date by when they have to build a restaurant there. Not an outdoor stop that is very inexpensive to do overall. Arthur Noriega (City Manager): Yeah. Commissioner, we can get you the economics behind the modification. Included in the package is we did negotiate an increase in the gross rent based on a tiered revenue stream for the temporary use, by which is intended to be at a maximum of seven years. We have had a conversation with them with regards to a firm date on when the -- we'll call it brick and mortar structure has to be erected on that site. And it's within, I believe Rick confirmed it's -- I believe it's 24 months after the temporary use. Yeah, I think it's 22 months, 24 months. Richard Perez: Brickell Avenue. That's correct. 1 think yesterday socialized with the Commissioner's offices two years from the end of the date of the temporary use out there that there would be a temporary or final Certificate of Occupancy for the formal restaurant that was set forth in the RFP (Request for Proposal). Vice Chair Carollo: Yeah, but when you're saying -- and I'm missing -- not quite understanding what you're saying that two years from the time of the temporary permit for this place, the Coconut Grove Wharf you're going to have brick and mortar restaurant built there? Mr. Perez: A temporary or final Certificate of Occupancy for that brick and mortar formal restaurant. Correct. Vice Chair Carollo: And that's going to be different than this? Mr. Perez: It'll be consistent with what was proffered in the RFP. Vice Chair Carollo: But what you're telling me is that within two years you're going to have a brick and mortar restaurant built there? Mr. Perez: Two years. So the amendment that's before you sets up a period of time for the temporary use -- Vice Chair Carollo: So seven years would -- Mr. Perez: That's right. Seven years. And so we will have a temporary or final certificate of occupancy for the brick and mortar two years after the end of that seven year period. Vice Chair Carollo: Two years after the end of seven years. Mr. Perez: Correct. Vice Chair Carollo: So we're looking maybe nine years. This started on 13. It seems to me (UNINTELLIGIBLE) in all fairness, that outside of your fees that they're paying, they ran out of money. And this is why we're not getting restaurants there and -- well no, I don't think that he's getting that much -- Mr. Perez: Commissioner -- Vice Chair Carollo: -- that he affected that -- Mr. Perez: Commissioner. I think this has been, and I've said this to a number of people the process of developing this site has been a PhD in real estate development and in law. Everything that could have occurred has occurred on that site. Issues with getting easements, FPN=&L (Florida Power & Light) undergrounding, litigation at City of Miami Page 28 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 the very beginning. And so I think in that referendum, we committed to, like, $17.8 million -- Vice Chair Carollo: And I think the city has been very understanding. Mr. Perez: Absolutely. Vice Chair Carollo: And have -- we taken as a city accounted to all that. But, I mean, Richard, to have to wait nine years and then who knows who'll be here then. And then what they'll come back with it's not fair. There should be something before that, that we get it before that. And we don't even know how much we're losing by keeping -- extending this. Why did the Chart House have to be demolished where I can't go eat my sliders anymore? They were excellent with a great view. If they weren't going to do anything there for all this time, even, why does Scotty's Landing have to be taken down if nothing was going to be done there? I don't understand it. Mr. Perez: We've been in a continuous battle of development out there since 2015. Vice Chair Carollo: Frankly, I think while that certainly took into account some time, it has not taken into account everything else, especially why the next nine years to get a brick and mortars built there. This was approved by voters that we were going to have something there. 1 mean, what you're telling me happened in the past, now we're moving forward. Seven years, temporary permit and then two more years. We know how inexpensive these Wharf type of places are, the kind of monies they could make. So conceivably we could be here nine years later, and they don't have what you're promising today. Who knows who'll be here to keep track of it. And in the meantime, they made a killing in nine years there and we've gotten chump change in one of the best waterfront locations that we have in the city. And I'm being asked to vote for this without being given actual numbers of what we were getting before and what they're promising to give us now, not to mention, you know, what the voters approved upon. This is not what the voters approved whatsoever. Mr. Noriega: So Commissioner, we will get you those numbers, the projections, because the revenue share is higher with this temporary use than it is on the brick and mortar restaurant, number one. Number two, what they replaced Scotty's Landing with, it's already open. It opened this past week, is significantly better, much bigger, will generate a much higher revenue stream than Scotty's Landing ever generated. And the proof of it is it's open, it's out there now so you get a sense of what's coining. I -- I -- there are also some nuance to this temporary, activation because it's not a Wharf. It's a significant upgrade to what you have a vision of the Wharf being on the river. Vice Chair Carollo: Well, I use that loosely. Mr. Noriega: No, no, I just -- Vice Chair Carollo: No, I don't believe they're going to have some of the type of cooking facilities. Mr. Noriega: Yeah, the F&B (food and beverage) for the temporary, activation is significantly more -- a significant upgrade. Vice Chair Carollo: But if you're telling me that they're going to be paying more -- Mr. Noriega: Yes. City of Miami Page 29 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: -- than what we were getting before, why didn't you guys give that to us so we can see it? You might know that, hut we don't. Mr. Noriega: I'll give you the actual number. It's in there. The percentage breakdown is in there. Butt will certainly provide you detail on the history. Vice Chair Carollo: But percentages doesn't tell me a lot. What tells me a lot is what the final breakdown is. Mr. Noriega: No, it's a percentage of an actual number. It's a percentage of sales. And the tiered percentage change is based on an actual number, physical numbers. Vice Chair Carollo: Okay, Larry. You're the CFO. You're going to put your job on the line and tell me here that we're going to get more money out of this than what we last got from Chart House and Scotty's. Larry Spring: Larry Spring, Chief Financial Officer, through the Chair. Commissioner, what I will provide, as you requested, the comparable from the old lease -- there's an emergency going on -- to the new lease, but what I will put on the record right now based on the new tiering and performance by the operator right now, the current lease calls for 5 percent overall gross revenues on those sales. We've now moved to a tiered system. So, at up to 10 million, we would stay at the 5,000,000 -- 1 mean, excuse me 5 percent of gross revenues. From 10 to 15, we jump up 25 percent to 7.5 percent of gross revenues. And then the final tier, anything over 15 million goes to 10 percent, which is actually double or basically double what we would normally be receiving under the existing, approved by the voter's lease. So, what I will do is put together some projections, so you actually see physical numbers. Vice Chair Carollo: What you're telling me now are pure projections? Mr. Spring: Yes, right. They have to perform -- Vice Chair Carollo: Actual numbers compared to what I asked. And the Manager first said, you move away from the plank and jump back into the ship with your answer. Now, how do we know what this is going to bring in in dollars, to reach an amount of over 10 million, they have to do quite well. Quite well to reach 15. So, the percentages you're giving me and the higher numbers they might never meet. What is the minimum guarantees that we have in comparison to Chart House? That's where I like to start out. Mr. Spring: Okay. Vice Chair Carollo: And what we should have, but basically, what you guys are doing to us is you're asking us to put the cart before the horse. We should have had those numbers beforehand, and I want them to succeed. I want this to go forward, but I don't want the City of Miami and its residents to get put on the hook again and everybody comes here and takes advantage of the city. As long as you hire the right attorney, the right lobbyists, you pat the right shoulders, you get away with everything. All you got to do is just get your foot in the door and then you're home free. But what is the minimum guarantee that they're giving us, no matter what would happen there? Mr. Spring: I mean, we have -- our 5 percent is our minimum guarantee. Mr. Perez: There's a -- Mr. Spring: And a base rent. City of Miami Page 30 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: And the base rent. That's what I'm asking. What is the base rent? Mr. Perez: There is an existing base rent, Commissioner. I believe it's around $1.4 million for the site. But I don't have the document in front of me right now, but it's in or around $1.4 million. Vice Chair Carollo: How much? Mr. Perez: 1.4 million. Vice Chair Carollo: Is that correct or not? Mr. Spring: 1 need to verify that number. Vice Chair Carollo: I thought you had it all on this. Mr. Perez: I can double check that. Yeah. Chair King: Vice Chair, Commissioner Reyes would like to say something. Commissioner Reyes: Yes, I was going to ask precisely that. Do we have a minimum guarantee? Mr. Perez: There is -- Commissioner Reyes: Another question, because it seems that the length of time is creating a problem for some of my colleagues. Can you lower, instead of seven -- time limit, that is, you start constructing not on -- after seven -- before the seventh year. Mr. Perez: I'm sorry. I didn't hear the -- what you said. Commissioner Reyes: If you can, instead of wait seven years to start brick and mortar construction, can you lower it, the time -- I mean the time frame, lower it, and start constructing before the seven year. Mr. Perez: Let me -- let me check. Commissioner Reyes: Okay, because if that's going to be a problem, you see, we might as well look at other alternatives. Mr. Perez: Understood. Understood. Let me confer with my client. Commissioner Reyes: And the minimum guarantee, make sure what it is. Mr. Perez: We will double check that number immediately. Commissioner Reyes: Okay. Chair King: Let me check and see. Vice Chair Carollo: In the meantime, can I ask Larry, besides confirming the 1.4 he gave me, also confirm what was the minimum the Chart house and Scotty's had to pay us. Mr. Spring: Yes. Vice Chair Carollo: But can you do it now before we vote? City of Miami Page 31 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Spring: Yeah, I'll go run it right now. Absolutely. Vice Chair Carollo: Thank you. Chair King: Would you like to move on to some other items? Maybe we can clear up until they come back? Vice Chair Carollo: That is what I need. Yeah, I think we should. And then the only other question I would have from the attorney is why are they needing nine years before they're done? Chair King: Right? Vice Chair Carollo: Even though 1 think what you're offering, 1 think 1 can go along with it. Ijust want to see the minimums that they're given. Commissioner Reyes: Yes, and Commissioner, you see, and with all due respect, when we talked about projected revenues, we do that with every single business. Vice Chair Carollo: The minimum is a different story. Commissioner Reyes: The minimum is a different story. And 1 think that every single one of our -- when we lease our land or there is a business that should have a minimum guarantee. Vice Chair Carollo: Yeah, and that's the difference, because projections, some are reasonable, but when you get into certain amounts, while it sounds good, they might never meet those amounts. [Later...] Chair King: The next item we may take up is CA.13. Do I have a motion? Yes. Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Victoria Mendez (City Attorney): Madam Chair, is that with the amended language as stated earlier in the record, when this was discussed about the deadline by which to build all that? Chair King: Yes. Commissioner Russell: I don't recall a specific amendment that was proffered, though. What is the spirit of the amendment? Ms. Mendez: We had discussed about the time frame by which they will build a -- Chair King: I think it was the same time frame, Victoria. It was seven -- temporary seven, two to build. City of Miami Page 32 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell: So then no amendment necessary. Chair King: That is correct. Ms. Mendez: No, no, there is an amendment because that is not being discussed. It wasn't discussed in the original RLA (Revocable License Agreement), so you just -- I just need to know what one or without. I just need to know what you want. Commissioner Russell: (UNINTELLIGIBLE). Chair King: Pardon? Commissioner Russell: Seven plus two. Chair King: It was seven plus two. Is that what you remember? And that's what I recall. Ms. Mendez: Perfect. Thank you. Commissioner Russell: (INAUDIBLE). Chair King: Larry. Would you like to come forward to confirm that? That is it, correct? Okay. Todd B. Hannon (City Clerk): And sorry, Chair. Madam City Attorney, so as is or amended? I apologize. Ms. Mendez: No, as amended because the language was sent to the commissioners after the fact, so it wasn't contemplated the original item. Mr. Hannon: Understood. Ms. Mendez: Okay. Thank you. Chair King: So, the item passes Todd, correct? Okay. Alright, so CA.13 is done. END OF CONSENT AGENDA City of Miami Page 33 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12101 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") ANNUAL ACTION PLAN FOR FISCAL YEAR ("FY") 2022-2023, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUAL ACTION PLAN FOR FY 2022-2023 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0277 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: So, while we wait for staff to get the information, are there any PH (Public Hearing) items that you would like to pull for discussion? Any of the PH items? Vice Chair Carollo: PH items. Chair King: Vice Chair? Vice Chair Carollo: I -- let's see. PH.2 was deferred. I don't believe I see any here. Victoria Mendez (City Attorney): I believe PH7 requires a modification. I don't know if a substitution went out or if we have to say it on the floor. Commissioner Reyes: Which one is that? Ms. Mendez: The NFTs (Non:fungible tokens). Commissioner Reyes: The NFTs. PH 7? Ms. Mendez: PH.7. Commissioner Reyes: Through the Chair. I have a question on it. Vice Chair Carollo: Which one? Chair King: Okay, so we'll -- Commissioner Reyes: PH7. Chair King: -- PH 7 is also time certain. So, we'll pull PH 7. City of Miami Page 34 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Todd B. Hannon (City Clerk): Chair that's PH.6 is time certain for 11:00. Chair King: Oh, PH.6. Commissioner Reyes: Okay, but PH7, I just want to hear that if the modification includes the -- making sure that we are not -- clearly states that we are not promoting anything, that City is not liable. You make sure that the contract said that. And the key component of selling the key that we spoke that is being stricken out. We are not going to be selling keys. Chair King: Hold on one second. Let me check to see if we have any more items that need to be pulled. Commissioner? Commissioner Diaz de la Portilla: I have none. Chair King: None? Commissioner Diaz de la Portilla: I have none. Chair King: Commissioner. No items. Commissioner Diaz de la Portilla: But 1 will move -- Vice Chair Carollo: Hold on. Hold on. PH.7 is the one with the former keys. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: That's the NFT. Commissioner Reyes: That I -- I -- I had an objection, I had a call that says that it's going to be removed. Keys are going to be removed. Keys are not going to be sold because it is a special -- that is a special award that has a lot of significance for the City of Miami. And not everybody -- it's not given to anybody. Vice Chair Carollo: And the seal should also be removed. Erick Gavin: Yes. Vice Chair Carollo: There's only two sacred things that a City has. Its seal and its key. Mr. Gavin: Yes, Commissioner -- Commissioner Diaz de la Portilla: Can I move the other items? Vice Chair Carollo: Both will be removed. But furthermore, and we could take this out for a minute then bring it back if you want to vote on the rest. I want to get on the record the breakdowns, percentages, and how all artists can participate. And I want to limit this more to Miami -Dade County only, not all of South Florida. I know that they got some wonderful artists in Broward, in Palm Beach, and in the Keys, but we're Miami and we want to limit it to Miami -Dade County. Commissioner Reyes: What do you mean by that? Chair King: Can we have those friendly amendments, no seal, no city keys, and limited to artists that are located in Miami -Dade County? City of Miami Page 35 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Gavin: Yes, Chairwoman. My name is Erick Gavin, executive director for Venture Miami. We are proffering that moving from NFKeys to the City, to NFT collectibles, focusing on the history and culture of the City ofMiami. Commissioner Reyes: Absolutely. Mr. Gavin: Adding a clause to not use any likeness of the city, either the keys or the seal, and making sure that the artists are coming from the City of Miami, specifically. Vice Chair Carollo: Okay, now, can you also give us the percentage breakdowns? Because I've heard so many. Mr. Gavin: Yes, sir. Vice Chair Carollo: I don't know anymore who's getting what, who's in first, who's in second. Mr. Gavin: Yes, sir. So in the initial sale, there will be a percentage breakdown of 50 percent to the City of Miami, of 10 percent to Bake House, of 25 percent to the artist and of 15 percent to TIME. Vice Chair Carollo: 15 percent to TIME? Mr. Gavin: 15 percent to TIME, yes. And then in secondary sales, it is the exact same breakdown, but with the 10 percent in royalty. So, in subsequent sales, there will be a 10 percent royalty that is taken out of the sale. And the same breakdown that 1 just gave 50 percent to the City of Miami, 15 percent to time, 10 percent to Bake house and 25 percent to the artist will be given again. Vice Chair Carollo: And the 10 percent is taken out of royalty will be going to whom? Mr. Gavin: I'm sorry, say that again. Vice Chair Carollo: The 10 percent on the resale. Mr. Gavin: Yes. Vice Chair Carollo: For royalty, who would that go to? Mr. Gavin: So that 10 percent goes to the breakdown that I just described to you -- Commissioner Reyes: But who receives it. Mr. Gavin: Oh, who receives it. So in the marketplace as being established, there will be sales that go from myself, if I sell to Chairwoman King. If she then sells it to you, Vice Chair, then those 10 percent will be taken out of that secondary sale and given in the percentage breakdown that I've just described. Chair King: Gives it back to the City, Bake House, the artist, and -- Mr. Gavin: Yes. Chair King: -- TIME. Mr. Gavin: TIME. Chair King: That 10 percent will be split (UNINTELLIGIBLE). City of Miami Page 36 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: Okay, so the 10 percent is what's going to be split. Chair King: Split. Mr. Gavin: The 10 percent is what is going to be split. Vice Chair Carollo: How about the other -- Chair King: From the -- secondary. Mr. Gavin: The secondary, sale. Vice Chair Carollo: But how about the other 90 percent? Mr. Gavin: The other 90 percent will go to the person who sold it. Commissioner Reyes: The person that buys it, in other words, the person that buys. Mr. Gavin: Yes. Commissioner Reyes: The first buy, we get 50 percent, the City gets 50 percent. Mr. Gavin: Yes. Commissioner Reyes: Now the person sells it. Mr. Gavin: Yes. Commissioner Reyes: And then 10 percent of that sale, it is divided again. Mr. Gavin: It -- divided again. Commissioner Reyes: Okay, that's fine. I have no problem with it. Chair King: Okay. Vice Chair Carollo: Even though usually where you make the most on these and where people pay more is in the resales than on the original sales. Mr. Gavin: Correct. Vice Chair Carollo: And we're being left out. Instead of getting 50 percent of the whole, now we're getting 50 percent of l0 percent. Mr. Gavin: That is true, Commissioner. So, in -- Chair King: But you wouldn't be able to get 50 percent from -- I bought one and now I'm selling it to you, in the money that I make, because I purchased it. You can't have 50 percent of mine. Commissioner Reyes: You took the risk. The first risk is the one that -- Chair King: Right. Commissioner Reyes: It is a matter ()frisk. Mr. Gavin: Yes. City of Miami Page 37 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: It takes the first risk as a -- Chair King: Yes. As a purchaser and a subsequent seller. I would object to even giving away 10 percent of mine. Vice Chair Carollo: Now, are we being held (UNINTELLIGIBLE) that if there are any suits, problems, Securities and Exchange Commission -- Chair King: Is the City indemnified? Mr. Gavin: Yes. Vice Chair Carollo: Who is that indemnifying us? Mr. Gavin: The city attorneys are currently working through the agreement with TIME. We are not involved in the advertisement, as Commissioner was pointing out earlier, or any type of putting forward of the NFT collectibles at all, it's mostly -- what we're talking about right now is the percentage breakdown of the revenue that's generated from the NFT sales. Ms. Mendez: Right. So, the indemnification is as -- what we're going to be proposing is our ironclad indemnification that either TIME or the participants or that we are indemnified as -- Commissioner Reyes: Same time -- excuse me sir. Same type that as we did with Miami Coin? That we are not -- Ms. Mendez: If that is how you choose, as tight as that. Commissioner Reyes: I want the City to be completely protected. Absolutely protected. Vice Chair Carollo: Yep. Chair King: 1 -- Mr. Gavin: I agree, Commissioner. Chair King: Thank you. We have a time -- Vice Chair Carollo: Last but not least, the artists. Mr. Gavin: Yes. Vice Chair Carollo: How are we going to make sure that you don't have to be an insider artist from the Bake House or whomever to get into this and be able to do drawings and be chosen? Mr. Gavin: So, we specifically went with Bake House because they have a long track record of working with other artists and creative organizations to make sure that the artists not only come from Bake House, but are sourced locally within the City of Miami. And those artists will have the opportunity to be a part of this competition as it's put, in order to be chosen by TIME, ultimately. TIME will be making the decision lastly, but Bake House will be sourcing artists from across the city in order to participate. Chair King: Also, Commissioner -- City of Miami Page 38 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: Do we have, as a city, the right to recommend or choose X amount of artists? 1 mean, you got up to 5,000 here. Mr. Gavin: Yeah. So, there's 5000 NFTs, and the number right now is about 56 artists that are chosen for that. And yes, we have the ability to -- Chair King: Commissioner, I had that concern as well because I'd like to see that artists from District Five are represented. And I was assured that I would be able to make recommendations for artists from my district. And I think that we all should be afforded that opportunity to select artists from within our districts. If you can add that. Vice Chair Carollo: How many artists can we choose from our districts as a minimum so we could include that as part of it? Commissioner Diaz de la Portilla: Of course. Mr. Gavin: Yes. Chair King: They're asking fbr a minimum -- Mr. Gavin: For a specific number. Chair King: Yes. What would be -- Mr. Gavin: That would depend on the last number of artists that are chosen. Right now, the number was sitting around 56. So that breakdown -- Chair King: How many artists are you looking for? Mr. Gavin: It's going to be a breakdown of the 5,000 NFTs that are created. There's not a specific number that we are looking for. Just making sure that the number coincide with what Commission thought best. So if there's a number that we can go to display evenly amongst the districts. Vice Chair Carollo: Yea so let's go -- let's be generous. We'll go with 20 percent. Each of us can choose 200 artists to recommend. Mr. Gavin: I'm sorry, say it again. You said 200? Chair King: 20 percent. Vice Chair Carollo: 20 percent of your total amount, which would be 1,000 out of 5,000. And each member of the Commission can recommend 200. Mr. Gavin: As a clarification point, an artist would be making multiple copies of NFTs. So it's not one artist to one NFT, so there wouldn't be that many artists that would be split amongst the district. Ms. Mendez: It's 56. Mr. Noriega: Yeah. IfI may, it's 56 artists. Mr. Gavin: 56 artists. Mr. Noriega: They're going to generate the 5,000 NFTs. City of Miami Page 39 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Gavin: Yes. Mr. Noriega: So, it's 56 artists. So, you have to decide amongst yourselves how many of those artists you would want out of the 56. There aren't -- Commissioner Diaz de la Portilla: Three. Commissioner Reyes: How many artists do you know? Vice Chair Carollo: I think that at least five apiece. 25 would be a fair number. Mr. Gavin: Yeah. So we can work in a percentage breakdown, if that makes sense for Commissioner -- Chair King: Five apiece. Vice Chair Carollo: Five apiece Mr. Gavin: Yes. Chair King: Alright. So, if you could include all of that, I think we can move forward now with -- Commissioner Diaz de la Portilla: But -- but we could also allow another commissioner to pick artists in your district. For example, if I pick three, you can have my other two, right? We can do that. Commissioner Reyes: We can negotiate among ourselves. Commissioner Diaz de la Portilla: Yes, we always do that, though. Commissioner Reyes: I have a friend of a friend of a friend. Vice Chair Carollo: Remember, the City gets 50 percent out of all negotiations. Commissioner Reyes: I think we can move forward. Chair King.: Okay. So do I have a motion? Commissioner Diaz de la Portilla: I'm going to make a motion for PH.1, PH.3, PH.4, PH 5, PH 8, 9 and 10. We have to wait -- Chair King: You forgot PH 7. Commissioner Reyes: And PH7. Commissioner Diaz de la Portilla: I'm sorry, PH.7. We have to wait until 10 more minutes for PH6. Chair King: Right. Commissioner Diaz de la Portilla: So, I make a motion for all them. Commissioner Reyes: I second it Vice Chair Carollo: With the amendments on PH -- City of Miami Page 40 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: With the amendments. Vice Chair Carollo: All the amendments Commissioner Diaz de la Portilla: With all the amendments have been discussed. Chair King: There's a motion and a second. All in favor? The Commission (Collectivelv): Aye. Chair King: All of the PH -- PH.1, PH.3, PH.4, PH.5, PH.7, 8, 9 and 10 have passed unanimously. Can anyone see if PH.6, the presenters are ready to come. Vice Chair Carollo: PH? Chair King: PH.6. Commissioner Diaz de la Portilla: Madam Chair, we can begin the presentation already. We just can't vote on it -- Chair King: Right, but they're here -- Commissioner Diaz de la Portilla: -- until actually 11:00, no? Chair King: -- for the presentation. Todd B. Hannon (City Clerk): Actually, this time certain was as a courtesy, I believe, to the Mayor's Office for certain dignitaries to be here. Chair King: Are they here? Is what I'm asking. Mr. Hannon: I will have to reach out to the Mayor's Once. Chair King: The time certain was at 11:00. It's five minutes to 11:00. They should be here. Mr. Hannon: I will reach out to the Mayor's Office. Commissioner Reyes: I think I saw them (UNINTELLIGIBLE). Mr. Noriega: They're coming down. Commissioner Reyes: They're coming down. They are in the Mayor's' Office. City of Miami Page 41 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.2 RESOLUTION 12052 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLKEDC"), FOR THE CITY OF MIAMI-OWNED PROPERTIES LOCATED AT 750 AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, 33150, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PH.2 was deferred to the September 8, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day." PH.3 RESOLUTION 12254 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "INNOVATIONS SUBDIVISION", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-22-0278 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, 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. City of Miami Page 42 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.4 RESOLUTION 12145 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH AN AGREEMENT FOR THE PROVISION OF RESILIENCE DATA AND ENGAGEMENT SERVICES BY ISEECHANGE, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("ISC"), FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM RPW ACCOUNT NOS. 00001.208000.531000.00000, 00001.201200.531000.00000, AND SUCH OTHER VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ISC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, 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-22-0279 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.4, please see Item Number PH.1. City of Miami Page 43 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.5 12307 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000 IN AN AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) TO THE PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION TO ASSIST WITH THEIR TECHNOLOGY LAB PROGRAM ("PROGRAM") WHICH SUPPORTS TRAINING FOR TECHNICAL AND NON -TECHNICAL POSITIONS WITHIN THE TECHNOLOGY INDUSTRY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, INCLUDING EXTENSIONS, RENEWALS AND MODIFICATIONS, ALL FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROGRAM. ENACTMENT NUMBER: R-22-0280 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.5, please see Item Number PH.I. City of Miami Page 44 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.6 12304 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000 IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE MIAMI FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("THE FOUNDATION") FOR THE ESTABLISHMENT AND INITIAL FUNDING OF THE CITY'S VENTURE MIAMI SCHOLARSHIP PROGRAM ("PROGRAM"), WITH THE FOUNDATION ASSUMING FULL RESPONSIBILITY FOR THE SET-UP, ACCEPTANCE, AND MANAGEMENT OF THE FUNDS AND THE PROGRAM INITIALLY IN A PARTNERSHIP WITH MIAMI- DADE COLLEGE, FLORIDA MEMORIAL UNIVERSITY, THE UNIVERSITY OF MIAMI, AND FLORIDA INTERNATIONAL UNIVERSITY ("COLLEGES AND UNIVERSITIES"), WHERE EACH COLLEGE AND UNIVERSITY WILL PROVIDE A MATCHING CONTRIBUTION TO THE PROGRAM IN AN EFFORT TO AFFORD THE CITY'S RECENT HIGH SCHOOL GRADUATES AN OPPORTUNITY TO PURSUE A SCIENCE, TECHNOLOGY, ENGINEERING, OR MATHEMATICS ("STEM") DEGREE AT NO TUITION COST WHEN ATTENDING EITHER OF THE COLLEGES AND UNIVERSITIES STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, INCLUDING EXTENSIONS, RENEWALS AND MODIFICATIONS, ALL FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROGRAM. ENACTMENT NUMBER: R-22-0281 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: Okay. Yes. I see. Now that we have our time certain 11 o'clock. -- Vice Chair Carollo: Which (UNINTELLIGIBLE). Chair King: That is PH.6, Miami Venture Scholarship Program. Is there anyone here that would like to speak on behalf of PH.6? City of Miami Page 45 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Gavin: Good afternoon again, Commission. My name is Erick Gavin, Executive Director for Venture Miami. 1'd like to give some space for dignitaries of their respective colleges and universities in order to speak on behalf of PH.6. Chair King: Okay. Will everyone be speaking on behalf of PH6? Mr. Gavin: Yes. Chair King: Todd, could we put the timer to three minutes? We'll allow everyone three minutes. Mr. Gavin: Thank you so much. Chair King: Good morning. Madeline Purnariega: Good morning, Madam Chair, Commissioners. I'll take less than three minutes and yield some more time to my colleagues. I wanted to say thank you for your support of the Venture Miami Scholarships. We know that talent is the economic driver, and if we don't have the right training programs, we don't make sure that everyone in the City of Miami has an opportunity to pursue these high wage jobs, high demand jobs. It slows down the economy. And at Miami -Dade College, we're focused on building paths to prosperity through enhancing education training opportunities. This scholarship just -- does just that. And 1 want to thank you for your vision, your leadership, and your support to ensuring that we open up more opportunities to the residents in the City of Miami to ensure they pursue post- secondary education. And that means high quality credentials like Certificates, Associates, through the bachelor's and beyond. And I'm proud to stand with my colleagues in the entire education ecosystem to work together to advance the impact and talent of our community. So, thank you for your support. Chair King: Thank you. Mr. Bruno Borges: Good morning. Chair King: Good morning. Mr. Borges: Good morning, Bruno Borges speaking on behalf of the Miami Foundation. We fully support the development of a strong tech ecosystem in Miami, but more importantly, a tech ecosystem that is inclusive and offers opportunity to everyone. And we know talent is a big part of that. So, we are here to express our full support to this initiative, because we strongly believe that this initiative is a huge step in that direction. Thank you very much. Chair King: Thank you. Kenneth Jessell: Good morning, Chairwoman King and Commissioners. My name is Ken Jessell. I am the interim President of Florida International University and a proud resident of the City of Miami. Florida International University strongly supports the Venture Miami scholarship program. This is so important in keeping the talent that we have coming out of our high schools right here in the City of Miami and helping to improve the economy of this great city and this great community. This is a matching program, so the dollars that are going to be provided by the Miami Foundation will be doubled. And we have so many students that have great need, and this will go a long way in ensuring that they have access to a quality higher education degree in critical areas Jrothis community in science, technology, engineering, mathematics, business, analytics and of course, nursing. So, we are very, very proud to partner with the City of Miami, the Venture Scholarship Program, the Miami City of Miami Page 46 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Foundation, and nzy colleagues from the other educational institutions that do so much to serve this community. Thank you. Chair King: Thank you. Jeff Duerk: Good morning. I'm Jeff Duerk. I'm the executive vice president and provost at the University of Miami. And like my, colleagues, I too want to express the University of Miami's enthusiasm for this project and our commitment to ensuring the development of the highly qualified workforce that this region needs. This is a very innovative and groundbreaking opportunity for not only the University of Mianzi, but the City of Miami to provide and demonstrate innovation and leadership for new educational models and partnerships, not just between the academic institutions, but foundations and the public sector and the private sector to really focus on the creation of the next generation of STEM (Science, Technology, Engineering and Math) graduates. The foundation of which this city is built on and will be built on in the future. So, we speak on behalf of not only the students, but also our institutions and our strong support and enthusiasm for the partnerships we've forged and the future of the students from this region. Thank you. Chair King: Thank you. Jacqueline Hill: Good morning. I'm Jacqueline Hill, provost and executive vice president at Florida Memorial University. I want to thank you, everyone, for this opportunity for us to strengthen our pipeline into the STEM industry. Our students are underrepresented in the STEM population. This will provide us an opportunity to support the endeavors as well as to give to the community in regards to the STEM workforce. So, thank you for the opportunity and we are in full support and appreciation of this opportunity. Chair King: Thank you. Tabitha Fazzino: Good morning, Madam Chair, members of the Commission. My name is Tabitha Fazzino with Miami -Dade County Public Schools. I'm here representing our superintendent, Dr. Jose L. Dotres. We are here in great support of this venture with Venture Miami, with our colleagues in post -secondary and just want to indicate that the opportunity that this will present for the students that are currently in our high schools is immense. The fact that it is a matching grant, it can be combined, stackable, if you will, with other funding that will support education will go very far in making the dream of a college education, particularly in the STEM area, a reality for so many of the students that reside here in Miami. And we're fully in support. Thank you very much. Chair King: Thank you. Mr. Gavin: Hello, commission again. Eric Gavin, executive director for Venture Miami. As you just heard, this is a scholarship to push not only the unification of colleges and universities that exist in and around the city of Miami, but also provide an opportunity for citizens and young high school students to be able to go to college and think about STEM program as a reality. We know that all the influx of technology that has come into the city has brought up questions about accessibility. And this is our answer to trying to snake sure that we are creating accessibility in the STEM program and field. Commissioner Reyes: Madam chair. Chair King: Please. City of Miami Page 47 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: As a former teacher and a former employee of Miami Public Schools, I'm real proud that we are doing this. I know the importance because I have many students that 1 know now they could have benefit from a program like this. And therefore, since this is magnificent program is going to help so many of our students, I am moving it, Madam Chair, I move this PH 6 for -- to a vote. Commissioner Russell: Second. Chair King: I have one concern on how the scholarships are going to be divvied up because 1 want to make sure that District Five is represented, our students. Can you explain how the fiords will be allocated? For example, Miami -Dade College's tuition is far less than the tuition for University of Miami. And I wouldn't want to have students attending University of Miami take the bulk of the scholarship and then Miami -Dade College, where many of students from nay district may come from, or Florida Memorial. I just want to make sure that it is an equitable split for all of the universities and not one university receives more of an opportunity than others. Commissioner Reyes: That's a great point, ma 'am. Given the disparity of tuition that the schools have, and that's a great point, and maybe we can do a percentage. I don't know how they were going to be distributed, but we have to give equal opportunity to every single. Mr. Gavin: Yes -- Todd B. Hannon (City Clerk): My apologies, Chair, is that an amendment -- proposing an amendment? Chair King: Let him speak, and then maybe he has an answer that would satisfy my inquiry, and we won't have to have an amendment. Mr. Gavin: Understood. So, my team looked into this issue of whether there might be an off balance both on tuition and the amount of students who go to one college or another. Based off of that, even when we did the matching program and made sure that we leveraged the amount that is being matched by each one of the universities, it still added up to a range that was acceptable based on the amount of students who come from high schools within the City of Miami. So even though there might be more that go to Miami Dade College, we have created a range that made sure that, based on the analysis that we provided, it will cover students who decide to go to Miami Dade College, who might go to University of Miami, who might go to FIU, who might go to Florida Memorial. So, we do have background and information on that that we can provide for you to make sure that that is clear on its face. And then we also have some people on our team who have done that analysis that can provide additional commentary if necessary. Chair King: I'm not clear you answered my question. Did you guys understand? I'm just checking. Has he said a whole lot of I don't know what okay, try that again. What I am trying to determine -- Mr. Gavin: Yes. Chair King: -- is whether or not there is some equitable policy in this scholarship where students from all of the districts will have an opportunity to take advantage of this scholarship. Mr. Gavin: Yes. City of Miami Page 48 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Students from District Five who more than likely will be attending Miami -Dade College and then attending FIU through that wonderful program, and some of our students will definitely attend Florida Memorial College. I want to make sure that there is enough of the scholarship and that it will not be taken up by higher tuition institutions like the University of Miami, where you could easily eat up the funds. And I want to make sure that each district in the City of Miami is represented. That students in District Five have the same opportunity. I don't want them to by and obtain this scholarship and be told, we don't have any more money. Mr. Gavin: The $500,000 that we have put towards the fund within Miami Foundation, that will be matched by each one of the universities, will cover all of the projected high school students that will be graduating and decide to go to the respective universities. So that students who are within your district, in District Five, can make a decision if f they want to go to MDC or FIU or University of Miami. And there's still enough scholarship funds that are there. We are going to follow on with additional efforts to make sure that over time, we manage and think about how we grow the fund to make sure that we can encompass more. But as it stands, the analysis that we have done, we can cover all of the students with follow on funding because it is follow on funding, not first, after FAFSA (Free Application for Federal Student Aid), follow on funding to make sure that they are covered in that so that no student is left behind in that respect. Commissioner Reyes: Madam chair, if 1 may try to clarify. This scholarship is going to be a set amount. Mr. Gavin: Yes. Commissioner Reyes: It's not going to be a All tuition. If a student decides to go to University of Miami and apply for this scholarship, it's going to get that set amount and will be the same if it applies to FIU or any other institution. Is that right? Mr. Gavin: That it would be a set amount no matter what school they went. Commissioner Reyes: No matter school? Mr. Gavin: No, it would be variable based upon which school they ended up choosing. Commissioner Reyes: Oh, that's a -- Chair King: Because there's a tuition difference. Mr. Gavin: Because of the tuition difference -- Commissioner Reyes: (UNINTELLIGIBLE) and why do you decide that instead of a set amount? Mr. Gavin: Why do we decide that instead of a set amount? Commissioner Reyes: Yes. Mr. Gavin: So that we can make sure students graduated debt free. Commissioner Reyes: Okay, that is a good answer. Mr. Gavin: Yes. City of Miami Page 49 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: That's a good answer. But that limits also, that limits the amount of students that can get -- Mr. Gavin: Yes. Ms. Mendez: Madam Chair, I also wanted to point out, and I think this may address your concern, each school matches. Like they each have an amount and then to this -- so, each institution has its own separate program. Keith Carswell: Madam Chair, Keith Carswell, a senior advisor to City Manager for Venture Miami and Economic Development, to perhaps answer your question, specifically, an analysis is done looking at the number of students that actually attend or matriculate to these universities. And let me clarify, this is intended to cover the last gap after a student exhausts all their finding that's available either Pell Grants or (UNINTELLIGIBLE) or even the college prepaid program. So this is to cover the gap in terms of the tuition. Based on the number of City of Miami residents that attend the University of Miami, FIU, Florida Memorial University. I can tell you when the analvsis was done, there are more students that -- more residents from the City of Miami that attend Miami -Dade College. So, the actual number of students that attend there is higher, and the number of dollars to support those students that attend Miami -Dade College is higher than the University ofMiami. So, if the concern is that the disparity in terms of the tuition costs but when you take a look at the number of students that actually go to the universities that are city of Miami residents and the actual number of dollars to cover that last gap in the tuition, University of Miami and even Florida Memorial University will not get the lion's share of the funding. And so the intent is that we fund it for the first two years, we're going to work with the Miami Foundation. They have the day -- giving days. We're going to solicit support from a lot of the tech companies that are moving here to support this type of initiative. And the idea is that after the second year, this fund will stand on its own and be self- supporting. So, the analysis, in short, was done. And again, I think it's how many -- Chair King: High schools do we have in District Five? Mr. Carswell: We have -- my alma mater is just outside of District Five, Northwestern, but we claim it as the City of Miami. Chair King: Northwestern is in District 5. Mr. Carswell: Well, it's -- Chair King: No, Northwestern is in the City of Miami. Mr. Carswell: Okay. And we have Jackson, we have Booker T., we have iTech, and you have Edison, and then you have Jackson, which is, I think, D.1 (District 1) and you have Miami High. Chair King: And those are all the high schools in the City of Miami? Mr. Carswell: Yes. Chair King: What about Mast Tech? Mr. Carswell: Mast, yes. On Key Biscayne. Chair King: Yes. Okay. Vice Chair Carollo: Chair. City of Miami Page 50 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Please. Vice Chair Carollo: You had mentioned Florida Memorial College. Is that included in this group of universities and college? Mr. Carswell: Yes, it is. And stand corrected that there are a couple of other high schools. There's Young Women Prep, Young Men Prep, there's DASH (Design and Architecture Senior High), Love Memorial Enforcement High School and the School for Advanced Studies on Wolfson campus. So there are a number of high schools. Vice Chair Carollo: Is Barry University included also? Mr. Carswell: No, they're not at this point. Vice Chair Carollo: Is St. Thomas University included? Mr. Carswell: Not at this point. Vice Chair Carollo: Why not? Mr. Carswell: Typically, we have partnered with these colleges and universities on a number of initiatives that we've had. It's not by anything that was done intentional. I think that over a period of time, if we want to expand the number of partners that we have in this program, we're very open to that. 1 also want to indicate that that half a million dollar investment that we're making, these partners have leveraged that to the tune of in excess of $3 million in financial commitments. So to the extent that they want to participate in the program, they're willing to match or exceed what our partners are doing. We're welcome to as many colleges and universities participating in the program. Vice Chair Carollo: Maybe you might want to translate what he said to me, but I will say that I am a proud graduate of Miami -Dade Community College at the old age -- Chair King: I am cis well. Vice Chair Carollo: -- at the old age of 18, and I graduated from FIU twice. First time I was 20 after I went through the police academy. So having said that, I want to make sure that the private universities understand that I'm not trying to discriminate against them for the public. However, this year is the way that colleges are being graded are a little different. For instance, Newsweek is going to be grading colleges based on their overall rankings. One of the things that they're going to include is the average student debt. So, each university is going to want to make sure that their students don't end up graduating with a high debt because it's part of what seems to be the trend that Newsweek is going to start on the ranking of colleges, besides many other areas, of course, into the future. So, all this kind of monies that are being given to colleges is going to be very helpful to them in those rankings also outside of all the other reasons that we know in getting kids out there. But I'm concerned that the difference of a University of Miami, that while I didn't graduate from there, I love their football team and I'm a great supporter of it, I'm afraid that it's going to put all the other public universities in particularly, at a disadvantage of how the money is going. So I'm -- you know, and the fact that, for instance, St. Thomas, Barry are not included in at least something. We have a lot of our students that go to those universities from the City of Miami, they are two Catholic universities. Nevertheless, they're private. So, I'm including them like Florida Memorial and the University of Miami and the private sector. But I'm afraid that depending on how many scholarships go to the University of Miami, they could take up a lot more and leave City of Miami Page 51 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 the public universities with a lot less because of the difference in cost. It's night and day difference. Commissioner Reyes: Excuse me. That's the only thing that concerns me a little bit. It is based on tuition. Instead of being based on, like most scholarships, you see, you have a set amount that you can apply for let's say $5,000, $10, 000. But this is based on tuition, the cost of tuition. And I think that is what it is concerning to Madam Chair and everybody. And I want to snake -- I want to inform because people that are watching, many people believe that charter schools, they are private schools, but they are part of the graduates from when you count high schools, you also have to count charter schools that they are high schools within our city because they are part also of the public system. Mr. Gavin: Understood. Commissioner. Chair King: Commissioner Russell. Commissioner Russell: Thank you very much, Madam Chair. Do you have a motion yet on this item? Commissioner Reyes: We have a notion and you second. Commissioner Russell:: We do, right? Thank you. Commissioner Reyes: (INAUDIBLE). Commissioner Russell: Yes, and I'd also like to be counted as a co-sponsor of this item. I'm so impressed with Venture Miami's efforts here, the City Administration for working together with the universities on doing this is going to change a lot of kids' lives. So, thank you very much, and I'm very proud to vote and move on this. Chair King: Are we ready? Do we have a second? Vice Chair Carollo: Well, did we get any guarantees in our discussions here? Chair King: He wants to know if we have gotten any guarantees. What you shared with me is more than likely the lion's share of the money will go to Miami -Dade College because that has been the trend. I'm wondering if we need to do like a minimum -man for each district for scholarships. Mr. Gavin: Commission. If you mind, I would like to give some time to my colleague who can explain the analysis a little bit more clearly to make sure that you all are comfortable with the idea of what we're putting forward as an analysis or how the breakdown would actually work out. Commissioner Reyes: I want to also stress, and I'm not putting anybody down that the requirements for different school are historically different. We have Miami -Dade -- I mean, accept more people, more students, particularly students from areas as Little Havana, Liberty City, and all of those. And then going to the University of Miami, the requirements are substantially higher than it is to get into FIU, you see. So, I don't think that maybe we don't know going to get so many people trying to go to the City of Miami (UNINTELLIGIBLE). Vice Chair Carollo: Bottom line is we're lucky to have so many fine institutions of higher learning in Miami, and I think that says a lot.for our county and our cities. City of Miami Page 52 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: This is a great program, and I'm proud to be part of it. I'm also Miami -Dade Community College product. And if 1 hadn't been from Miami -Dade, 1 would have not been able to go to OF (University of Florida) and get a Master Degree and everything started at Miami -Dade. I'm real proud of any assistance, any help can give to us. And as a former teacher, any assistance that we can provide, you can count me in. Vice Chair Carollo: Madam president, he's trying out for a commercial, so hope you were listening. Commissioner Reyes: What do you mean a commercial? Chair King: Are we ready? Vice Chair Carollo: Promoting Miami -Dade College. Commissioner Reyes: I'm promoting all institutions. What I'm saying is the truth. And I am not the only one that (UNINTELLIGIBLE) generation that benefited from Miami -Dade the way that we did. At the time, there was no FIU when I went to school. There was no FIU. It was either you go to University of Miami or Barry College. That's it. I couldn't get into any one of them. But I got into Miami -Dade because I wasn't -- my mind was not in school until I became a little older. And so, 1 got into Miami -Dade. 1 graduated from Miami -Dade and I transferred to the University of Florida. And 1 got a master -- I mean went all the way into my Master in Economics, and it was because of Miami -Dade. I wouldn't been able to do that. Now we have more institutions that it will ease the need for Miami -Dade. But it's a great college, and, yes, I'm promoting Miami -Dade as well as I'm promoting every single institution. And I believe that we have to do whatever we can to keep our students local. Keep them local. I did advise my students that do anything that is possible in order for them to get a degree without a substantial debt. Chair King: So are we ready? Do we have a motion in a second. Commissioner Reyes: Yes, we are ready. Chair King: Are we ready? All in favor? The Commission (Collectively): Ave. Chair King: Motion carries. Congratulations. Thank you for the work that you do. I look forward to many of the students in District Five taking advantage of this opportunity. Thank you for corning. Mr. Gavin: Thank you, Commissioners. Mr. Hannon: And Chair. Just for the record, that is as is with no amendments. Commissioner Reyes: No Chair King: At this time. We are going to take a short recess. We will resume in 30 minutes. City of Miami Page 53 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.7 RESOLUTION 12103 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARTNERSHIP AGREEMENT ("AGREEMENT") WITH TIME USA, LLC., A FOREIGN LIMITED LIABILITY CORPORATION PENDING REGISTRATION TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("TIME, LLC") FOR A PROGRAM TO LAUNCH A COLLECTION OF APPROXIMATELY FIVE THOUSAND (5,000) NON -FUNGIBLE TOKENS ("NFTS) ("PROGRAM") WHERE THE DESIGN OF THE NFTS WILL ESSENTIALLY BE MULTIPLE VARIATIONS OF THE CITY KEY REFERRED TO AS "NFKEYS TO THE CITY" TO BE DESIGNED BY LOCAL ARTISTS AT NO COST TO THE CITY; FURTHER ESTABLISHING A NEW SPECIAL REVENUE PROJECT FUND TITLED "OFFICE OF THE CITY MANAGER (LOCAL ARTIST ECONOMIC INITIATIVE) AND AUTHORIZING THE CITY MANAGER TO ACCEPT ANY AND ALL FUNDS WHICH SHALL DERIVE FROM THE AGREEMENT; AUTHORIZING TIME, LLC TO USE THE CITY SEAL PURSUANT TO SECTION 1-16 OF THE CITY CODE FOR THE SPECIFIC PURPOSE OF THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, INCLUDING EXTENSIONS, RENEWALS AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROGRAM. ENACTMENT NUMBER: R-22-0282 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Fortilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH1 and "Public Comments for all Item(s)." City of Miami Page 54 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.8 RESOLUTION 12209 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ("HCD") AND THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") (COLLECTIVELY, "HCD/HCLC APPROVALS"), PROVIDED THAT SUCH APPROVALS ARE CONSISTENT WITH THE CITY COMMISSION APPROVAL; ALLOCATING FUNDING ON A REIMBURSEMENT BASIS IN AN AMOUNT NOT TO EXCEED THREE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS TO WYNWOOD WORKS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR THE AFFORDABLE HOUSING COMPONENTS OF A MIXED -USE, COMMERCIAL AND RESIDENTIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND LOCATED AT 2043 N MIAMI AVE, 2045 N MIAMI AVE, 2037 N MIAMI AVE, TO BE KNOWN AS "WYNWOOD WORKS" ("PROJECT"), PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE HCD/HCLC APPROVALS, WHICH SHALL BE CONSISTENT WITH THE CITY COMMISSION APPROVAL; SUCH ALLOCATION TO BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING, BUT NOT LIMITED TO, THE CITY'S SEVEN (7) AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE MIAMI FOREVER BOND VALIDATION ORDER (COLLECTIVELY, "LAWS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUBJECT TO COMPLIANCE WITH ALL LAWS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE HCD/HCLC APPROVALS, IN ORDER TO ALLOCATE THE CITY'S TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BOND FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0283 City of Miami Page 55 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.8, please see Item Number PH.1. PH.9 RESOLUTION 12263 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED , BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 SHARE OF THE CITY'S ANTI- POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000.00) TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("TGHI"), IN SUPPORT OF THE TGHI COMMUNITY "PASSPORT" TO HEALTH AND HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0284 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.9, please see Item Number PH.1. City of Miami Page 56 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PH.10 12256 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("GRANT") TO THE PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("PRESIDIO POLITICO"), TO CONDUCT NECESSARY WORK AND UPGRADES TO THE MUSEUM, 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 PRESIDIO POLITICO AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0285 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PKIO, please see Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 57 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 11987 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT BOTH SAID PROPOSED MILLAGE RATE AND THE STATUTORILY DEFINED ROLLED BACK MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND LOCATION OF THE CITY'S PUBLIC BUDGET HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-22-0286 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 Ia Portilla, Reyes Chair King: Okay. In the meantime, are there any RE (Resolution) Items that you would like to pull? We can at least address that. Are there any RE items that my colleagues would like to pull? Vice Chair. Victoria Mendez (City Attorney): RE.6 needs to be pulled to be amended -- or amended at least. Chair King: Amended or pulled. Ms. Mendez: Amended. Vice Chair Carollo: What I'd like to do, Madam Chair, is items that are going to take a lot of time and discussion is leave them for the end. Chair King: Right. Vice Chair Carollo: So we could, you know, at the end of the meeting, so we get through -- Chair King: Okay. Vice Chair Carollo: -- a lot of the stuff.' So, the one that I believe in, the Rs is going to take some time is going to be RE.4 and RE.5. Chair King: Okay. City of Miami Page 58 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: Madam Chair, if I just point out information for Madam City Attorney, RE.6 was substituted. Ms. Mendez: Yes. A substitution went out -- Commissioner Reyes: With the breakdown of the funds that we're not -- Ms. Mendez: A substitution went out to all the commissioners claming the amount of money for the project. Commissioner Reyes: Claring the amount of money and where it came from. Ms. Mendez: And the funds used, and that it's not matching. Commissioner Reyes: (UNINTELLIGIBLE) -- Chair King: So you want to pull -- would you like to pull RE -- Vice Chair Carollo: I believe I've got information that I asked for and all the money that is there -- Commissioner Reyes: You have it? Vice Chair Carollo: -- to my information, Commissioner Reyes: Yes. Vice Chair Carollo: Is money that either you had under your control to spend any way you wanted to and a little bit of money that was from years past that was saved precisely for this. Commissioner Reyes: That's right. Vice Chair Carollo: I have no problem in going forward with this Commissioner Reyes: And -- some -- also, I have been informed that given the -- working with State, with State Representative Avila and Senator Rodriguez, we obtained 1.7 million from State funds. Vice Chair Carollo: Well, this is a very well worthwhile organization, so I commend you for putting this together. Commissioner Reyes: Thank you, sir. Thank you very much. Chair King: So, are there any other RE items that we think need to be pulled? Commissioner Reyes: Not that I know. Do we move it? Chair King: Wait a minute. We're checking. Vice Chair Carollo: I don't believe so. Commissioner Reyes: I have a Jennings that -- Chair King: Okay. Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. City of Miami Page 59 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: RE.16, I have a Jenning's disclosure. 1 received a letter. 1 have a Jenning's disclosure on RE.16. Okay. Ms. Mendez: Commissioner Reyes, you don't have to -- not on RE.16. I'll mention -- that one doesn't require Jenning's. Commissioner Reyes: Okay. But just to be safe. It's better to be safe than sorry. Chair King: Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. On RE.11, I just have a small amendment, if 1 may. Chair King: Okay. Commissioner Russell: So, the city is shoring up the -- well, the neighboring property is shoring up the sea wall, which neighbors have been waiting for, and they'll be using a section of the green space for staging. We've negotiated with the developer to have a minimum 20 foot access for residents of green space down toward the water within the limitations of safety. But it says in the current MOU (Memorandum of Understanding), it says, should allow 20 feet, I'd like that changed to shall, so they will do it. Chair King: Okay. Victoria. Ms. Mendez: RE.6 was -- Commissioner Russell: RE.11. Chair King: No. RE.11. Ms. Mendez: Yes -- no, RE.11 is fine. I thought you were asking me if there was anything else. Chair King: He wants to make an amendment to change the may to shall. Ms. Mendez: Yes. Chair King: That's fine? Ms. Mendez.: Yes. Chair King: Okay. Anyone -- anything? Vice Chair Carollo: (INAUDIBLE) RE.16 and RE.17 for some quick discussion, because -- Chair King: Okay. Vice Chair Carollo: -- we're setting a precedent on both of these. One, it's a simpler one because it's a global agreement. Chair King: Right. The global settlement and the money comes to the city'. Vice Chair Carollo: And the other one, I'd like to discuss it a little longer. Chair King: Okay, so -- City of Miami Page 60 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: So both of those need to be --1 apologize. I saw that 16 and 17 need to he an amount mitigation, so they'll need to be pulled. Vice Chair Carollo: Yeah. Chair King: Okay. Alright. So for now, we have only the two, right? I think we resolved. Vice Chair Carollo: Yeah. RE.4, RE.5, and then RE.16 and 17. Chair King: Okay. So do 1 have a motion? Commissioner Diaz de la Portilla: I'll move. Commissioner Reyes: I second. Chair King: All in favor? Mr. Hannon: Chair. Chair King: Wait, hold on. Commissioner Diaz de la Portilla: 1 move -- with RE -- I'm sorry with RE.11, as amended. Chair King: Right. Commissioner Diaz de la Portilla: I'll move all the remaining RE items. You want me to list them? Chair King: What is it, Todd? Mr. Hannon: Just for the record, RE.1 also needs to be amended as well. Chair King: RE.1? Commissioner Diaz de la Portilla: All the remaining RE items with RE.1 and RE.11 being amended -- as amended. Ms. Mendez: And RE.6 was a substitution. Commissioner Diaz de la Portilla: And RE.6 as substitution Mr. Hannon: 1, 6 and 11 will be amended. Chair King: Okay. And we're pulling 4 and 5 -- Mr. Hannon: 16 and 17. Chair King: -- 16 and 17. So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously, that RE.1, 2, 3, 6, 7, 8, 9, 10, 11, as amended, 12, 13, 14, 18 and 19 have passed. Commissioner Diaz de la Portilla: Correct. City of Miami Page 61 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.2 12070 Downtown Development Authority Ms. Mendez: Madam Chair, I apologize, hut -- Chair King: And 1'd like to -- as Commissioner Reyes did, 1'd like to carry over my Jennings disclosure from the last meeting. Do I need -- Ms. Mendez: Yes. So, as always, Commissioner Reyes is right. And he reminded me that RE.16, but he had already made a Jenning's disclosure. I thought last time, but if not, just in case -- Chair King: I did as well at our last commission meeting. But I just want to reiterate that I did make a Jenning's disclosure for RE.16 and 17. Ms. Mendez: Thank you. Thank you so much. Chair King: I see now that we have our time certain -- Mr. Hannon: Chair, just for the record -- Chair King: Yes. Mr. Hannon: -- RE.14 was indefinitely deferred. Commissioner Reyes: Yes. Chair King: No -- RE -- oh yes, RE.14 was deferred. Commissioner Reyes: It was deferred. Chair King: It was indefinitely deferred. Yes. So, RE.14 -- Commissioner Diaz de la Portilla: And RE.15 were both deferred. Chair King: And RE.15 were deferred. 14 and 15 were deferred. Mr. Hannon: Correct. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023; AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE AND STATUTORILY DEFINED ROLLED -BACK RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND MIAMI- DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND LOCATIONS OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE MIAMI DDA'S PROPOSED MILLAGE RATE, TENTATIVE BUDGET, TENTATIVE MILLAGE, FINAL MILLAGE, AND FINAL BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-22-0287 City of Miami Page 62 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 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.2, please see Item Number RE.1. RE.3 RESOLUTION 12069 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION AND APPROPRIATION OF AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS, IN AN AMOUNT NOT TO EXCEED TWO MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($2,150,000.00) TO THE DEPARTMENT OF HUMAN SERVICES ("DEPARTMENT"), TO FUND THE ARPA-ELIGIBLE PORTIONS OF THE DEPARTMENT'S PROGRAM AND SERVICES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, PROVIDED THAT THE ALLOCATION AND APPROPRIATION ARE APPROVED IN WRITING BY THE CITY OF MIAMI'S ("CITY") ARPA CONSULTANT ("CONSULTANT APPROVAL"), WHICH HAS BEEN RETAINED BY THE CITY PURSUANT TO REQUEST FOR QUOTATION NO. 1431386; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0288 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.3, please see Item Number RE.1. City of Miami Page 63 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.4 RESOLUTION 12027 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 29-B OF THE CHARTER, TITLED "CITY -OWNED PROPERTY SALE OR LEASE GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND EXECUTE AN AMENDED AND RESTATED LEASE WITH THE EXISTING TENANT, HRM OWNER LLC ("TENANT"), TO PROVIDE A NEW 99-YEAR TERM AND EXPAND THE LEASE TO INCLUDE THE EXISTING HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER PROPERTY AT 298, 300, 330, & 400 SOUTHEAST 2ND AVENUE (COLLECTIVELY, "PROPERTY"), PROVIDING FOR THE REDEVELOPMENT OF THE PROPERTY TO INCLUDE AT LEAST A 615 KEY HOTEL, 188,000 SQUARE FEET OF CONVENTION/MEETING SPACE, 682 APARTMENTS, PARKING, ADDITIONAL PUBLIC OPEN SPACE, AND AN EXPANDED PUBLIC RIVERWALK, ALL AT NO COST TO THE CITY, FOR NO LESS THAN FAIR MARKET VALUE RENT, CONSISTING OF THE GREATER OF PARTICIPATION RENT EQUAL TO 2.5% OF GROSS REVENUES AND AN INCREASE OF MINIMUM RENT FROM $250,000.00 TO $2,500,000.00 ANNUALLY, AND FURTHER PROVIDING THAT TENANT SHALL MAKE A $5,400,000.00 PAYMENT TOWARD THE AFFORDABLE HOUSING TRUST FUND, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AND WITH SUCH OTHER TERMS MORE PARTICULARLY SET FORTH IN THE TERM SHEET ATTACHED AS EXHIBIT A ("TERM SHEET"); CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT NO._ WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION ON NOVEMBER 8, 2022; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; FURTHER DIRECTING THE CITY MANAGER TO USE GOOD FAITH EFFORTS TO BRING BEFORE THE COMMISSION FOR 4/5THS APPROVAL A FULLY NEGOTIATED LEASE AGREEMENT IN ACCORDANCE WITH THE TERM SHEET, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ON OR BEFORE THE NOVEMBER 17, 2022 REGULAR CITY COMMISSION MEETING, SUBJECT TO APPROVAL BY THE ELECTORATE ON NOVEMBER 8, 2022; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-22-0262 City of Miami Page 64 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item Number RE.4, please see "Public Comments for all Item(s)." Chair King: Okay, now we are left with -- where do you want to go? Do we want to go back up to -- we have RE.4 and 5. Do we want to take up -- where did everybody go? The hour is late. Commissioner Russell: Madam Chair. Chair King: Who said that? Commissioner Russell: I did. Chair King.• Commissioner Russell. Commissioner Russell: I'm happy to move RE.4 and 5 for discussion. Chair King: Okay, I have a motion -- and RE.4 and 5 for discussion. I have a motion. Todd B. Hannon (City Clerk): And Chair, I have some amendments. Chair King: Can you read the amendments into the record, Todd? Commissioner Russell: Is there a second? Chair King: Yes. Mr. Hannon: Yes. Chair King: Yes, by Commissioner Reyes. Mr. Hannon: Moved by Commissioner Russell. Seconded by Commissioner Reyes. The amendments that I have, page one needs to be amended to add Charter Amendment 1. Page six needs to be amended to change Exhibit Number 1 to Exhibit B. Page seven needs to be amended to add the following resolution number R-22- 0262, and Madam City Attorney, pages one, two and nine will be amended to change the City Commission meeting date that they would like to bring this RFP (Request for Proposal) to from November 17 to December 8. Chair King: Okay. Mr. Hannon: And those are the amendments that 1 have. Victoria Mendez (City Attorney): And the other thing, during briefings, Commissioners, that was a suggestion since my office recommended that the term sheet not be attached per se. So that you would have maximum flexibility in negotiations, at least for it to be a floor and then_ for negotiations to continue. City of Miami Page 65 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: I believe there are some individuals here representing the applicant. Would you like to hear from them, get a presentation? Vice Chair Carollo: I would. I would like to see first and foremost who is representing the Hyatt Corporation, then who's representing the other corporations that are part of this partnership. And then I'd like to go into asking a few questions. Chair King: Okay. Vice Chair Carollo: You're not part of the Hyatt. Chair King: Yes, he is. Vice Chair Carollo: Yeah, but you're not part of the Hyatt. 1 don't see a (UNINTELLIGIBLE). Chair King: So, now that it' -- I'm going to limit our comments to five minutes, and then if we have more after -- because I want all of us to have an opportunity to speak and then if we have more additional questions or comments, then we'll get another round of five minutes. Vice Chair Carollo: How much more do we have left in the agenda? Chair King: A lot. Vice Chair Carollo: We do? Chair King: Yes. We have PZ.15 through 27. Vice Chair Carollo: Why are we taking them up now when they're going to take up more time? Chair King: Who? Vice Chair Carollo: The Hyatt. Chair King: Oh no, the Hyatt is the last. And then it's PZ.15 through 27. That's it. So, let's move along. Vice Chair Carollo: So, the Hyatt is going to be last? Chair King: No, this -- the PZ.15 through 20. MFP is going to be last. They're 15 through 27 on the PZ (Planning and Zoning) agenda. Vice Chair Carollo: Okay. Chair King: And we have PZ.8 remains. So, PZ.8, 15 through 27, and these RE's. So, let's take these and move along. Is there anyone here for the applicant for the Hyatt? Anybody? Vice Chair Carollo: Who is an actual -- not an attorney, one of the vice presidents, partner, owner -- Ms. Mendez: Principals. Vice Chair Carollo: -- principals of the Hyatt? Do we have one here? City of Miami Page 66 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Al Dotson: Microphone. Chair King: I'm sorry, 1 had it -- Mr. Dotson: That's okay. First, Al Dotson, with Bilzin Sumberg, 1450 Brickell Avenue. Our firm represents the joint venture HRM, which includes the Hyatt and Gencom. And if you have any questions, I'm happy to direct them to the appropriate person here with either one of those companies. Vice Chair Carollo: I'm trying to -- in the open record, identified who is Hyatt, who is Gencom. I know what the Hyatt is. 1 like to know a little bit more about Gencom. Mr. Dotson: So, let me start by letting you know that I'm here today with my co - counsel Eric Singer and Iris Escarra. On behalf of the Hyatt, we have Brad Miller, and on behalf of Gencom, Phil Keb. Vice Chair Carollo: Okay, Brad, can I get you up here? They're still going to pay you, so don't worry. What is your position with the Hyatt, Brad? Brad Miller: Regional Vice President of Asset Management. Vice Chair Carollo: Okay. Regional vice president covers what area for the Hyatt. Mr. Miller: Most of the North America. Vice Chair Carollo: Okay. Alright. What percent do you all have in this deal? Mr. Miller: 50 percent. Vice Chair Carollo: 50 percent. So that means you are putting up 50 percent of the money in the deal? Mr. Miller: We've contributed 50 percent of the -- really of our ownership in the ground lease and the hotel, correct. Vice Chair Carollo: But does that mean that to build everything, the 1.5 billion, or whatever it's going to take to build it, that you're going to put half of that? Or is there another lender? Mr. Miller.: Unfortunately, can't answer that question at this point. It's a little too early to know how much money is going to be put in. So, I can't speak to how much we'll put in. Vice Chair Carollo: Whatever you put, Gencom is going to put the same amount, or not? Mr. Miller: Correct. They will match for 50 percent. Vice Chair Carollo: But if you need, you'll go to a private lender or a public lender for the rest of it? Mr. Miller: Correct. Vice Chair Carollo: How long are you estimating that this project would take to build fully? City of Miami Page 67 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Dotson: Let me bring Phil Keb forward with Gencom to answer the question regarding construction. Phil Keb: Good evening. My name is Phil Keb with Gencom 2700 Tiger Tail, Miami 30 -- 33133. As it relates to schedule to develop the project, our intention is to spend all --first of all, our intention is to get on the ballot in November. Vice Chair Carollo: That's obvious. That's why you're here today. Mr. Keb: That's why we're here. Yes, sir. If we're able to do that, then we will complete the negotiation of the ground lease. We will complete the design of the project and arrange the financing by the end of 2023 or the first quarter of 2024. Vice Chair Carollo: Sometime in 2023, you will what now? Mr. Keb: The three work streams and tasks that we'll undertake -- Vice Chair Carollo: The what? Mr. Keb: The three work streams and the tasks that we'll undertake during 2023. In the first quarter of 2024, is to complete the final lease with the city, to get the design completed to a point where we can firmly get the cost to develop the project and to complete the financing. Vice Chair Carollo: And by when do you anticipate that you have the full project built out? Mr. Keb: It'll be in -- the first two towers will be delivered in third quarter of 2028, and the third tower will then be delivered in the third quarter of 2029. Vice Chair Carollo: Okay 2028 and 2029. Between six to seven years from now, you'll have the final piece of the puzzle built out unless you have any hiccups in the way, like maybe interest rates going up 22 percent, like happened one time in our lifetime. Maybe not yours for mine and his. You're an attorney. You just kept charging more. You didn't feel it. Here's my problem, and you heard it, Hyatt hasn't heard. You weren't around in the meetings that we had. This area of downtown has got the worst entrance with the biggest traffic problems of any entrance to any downtown I dare to say not only in America, but in the world. I don't know of a single major citv's downtown anywhere in the world that you got one lane as you get up the ramp that takes you in like this one does to Biscayne Boulevard. Yeah, you got a little turning lane in the first block, but it's really one lane. And then we got a sizable project, it's called the Hyatt, the convention center there now with the hotel. And some additional things were built on the boulevard when at least four of us, maybe five, weren't around, that has made that area there intolerable many, many times. Because the minute the traffic goes into the Hyatt or the other way, you plug it up so you can't shoot straight down. What I have proposed, and I don't know if you've been informed of this, is that we need to do a study on getting an overpass little further back on the ramp down, so that we could go straight parallel, a little higher, a little lower if need be, to the people mover and then just turn it into Biscayne, and the minute we're past the intercontinental site, as we're getting now into Bayfront Park and that first lane, the farthest away from Bayfront Park, we drop the traffic into one lane, we start getting into the bypass with one lane. It turns into two, for all of the way until it gets up again in one lane. I believe that's going to solve maybe 70 percent of the problem Tye have there now. I am very hesitant to approve this with my vote. I know you guys have the vote, so, you know, don't kid myself There was a time in history when I was a very young commissioner, the very same thing happened, you know. And people came in, bang, slammed, boom, and I was the only one against it. And that project City of Miami Page 68 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 never happened. Never happened. You know what I'm talking about? And I am not going to have it in my conscience that the worst entrance with the biggest traffic problem in any downtown in the world that I'm going to be part of putting the final nail on this coffin. With a project that's going to have 1,500 rooms, another 638 or whatever hotel rooms, another 260 plus either rentals or given to the pool of the hotel, an additional 60,000 square feet of meeting space to bring it up to almost 200,000 square feet. That's humongous. That's like a small city. That's like putting a small Sweetwater into that space downtown. And while I'm sure that your architects have done the best that they can in improving the traffic situation, I don't think it's going to be anywhere near enough to have that kind of additional traffic in there. And I don't believe the story that everybody in Miami now are going to drive bikes. Even the Chinese have thrown the bikes aside and drive cars. So, 1 don't think we're going to go back into the Chinese style and drive bikes. So that's my biggest problem, number one. Number two, maybe 1 heard wrong before, but I'd like to know how many affordable units out of the 1,500, or workforce unit, are we getting? Mr. Dotson: So, Commissioner, I'm not sure what you heard, but let me just share with you that I believe in the agenda item, there is a contribution that -- Vice Chair Carollo: I'm talking how many units -- Mr. Dotson: 1 understand. 1 wanted to talk about both because as you point out -- Vice Chair Carollo: But I'm asking you one first, and you're giving me a lawyer's talk. 1 want to talk about something else. Talk to me about whatever you want after you answer my question. Mr. Dotson: 15. Vice Chair Carollo: 15? Mr. Dotson: 15, and then I want to add this. After our conversations with each of the commissioners, it was very clear that affordable housing was important and that where that affordable housing is to be built was equally important. And so, what is in your agenda item today is a $ 5.4 million contribution. Vice Chair Carollo: How much? Mr. Dotson: $5.4 million contribution to support affordable housing. Vice Chair Carollo: 5.4 million? Mr. Dotson: Yeah. Based on our conversations though, we've agreed to increase that to $20 million. Vice Chair Carollo: Yeah, that's the rumor that I had heard, 20 million. Mr. Dotson: Well, it's more than a rumor. We're making that representation here on the record because of the conversations and the commitment that this Council and Commission has to building affordable housing throughout the City of Miami. Vice Chair Carollo: I'm glad that it took speaking to members of the City Commission to convince you that we have an affordable housing problem in Miami. I guess the Mayor of Miami -Dade declaring an emergency on it wasn't enough to convince you until you met with the City Commissioners to convince you of that. We have a problem in Miami that's bar none, he problem in any American city in affordable housing. Frankly, $20 million with a project of this size and the money you guys are going to City of Miami Page 69 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 make, that's going to be in the hundreds of millions throughout the life of this project. It's a drop in the bucket. That's why this project, in my opinion, is nowhere near ready to fly off. There's a lot that has to be looked into it. In my way of thinking, first and foremost, is resolving the traffic problem. Secondly, it's what is really a fair amount that we're supposed to get. Are you willing to do like Freedom Park? Remember those guys? Freedom Park. Yeah, to pay for two outside expert corporations to give us the real value of what this project is and what it should represent to the city? Mr. Dotson: I'm not sure, Commissioner, I've not had the pleasure of meeting with you on this project. In your agenda item, it will show that there were three appraisals that were done related to this project, and those appraisals were done with multiple assumptions, including maximizing this property with what is allowed to be built, what we are proposing to be built, and something smaller than that. Three separate appraisals, two that the city commissioned and one that our client commissioned. And those appraisals have already come back and I believe are part of the record. Vice Chair Carollo: The City Commission never voted upon (UNINTELLIGIBLE). Mr. Dotson: I mean the City staff. Vice Chair Carollo: City staff. Mr. Dotson: City staff. Vice Chair Carollo: City staff and the Commission are two totally different bodies. Mr. Dotson: Yes, they are, sir, but I just wanted you to know -- Vice Chair Carollo: We picked who the appraisals were going to be for the Freedom Park project. Now, when were those appraisals done? Mr. Dotson: Who were the appraisers? Vice Chair Carollo: When were they done? Mr. Dotson: I'm going to let the staff actually comment on the actual date of when they were completed. Vice Chair Carollo: Was Deloitte & Touche, any of -- Mr. Dotson: E & Y was one of them. Urban was another, and Blake are the third. But I believe that your staff can tell you the date that they commissioned the actual appraisal. Vice Chair Carollo: I would be convinced a lot more if you would have told me Deloitte & Touche was one of them. Mr. Dotson: Okay. But it was in June. I can't tell you the exact date, but June of this year. Vice Chair Carollo: June of this year. Okay. Chair King: That's pretty good. Vice Chair Carollo: That's not bad for appraisals. It's just that we're going to need to have our own from the Commission, I believe, at least, I would like to see it. And I would like to see Deloitte Touche, whom I think is one of the better appraising firms City of Miami Page 70 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 for these kind of projects in the country. That's the one that gave us the highest appraisal at Freedom Park. The --1 could go on and on, I've expressed my thoughts on this. 1 will leave it with one more question. Are you willing and do you commit to paying for the traffic study that we will require with us choosing the company to do it? I'm talking about for the overpass. Mr. Keb: After our meetings in the last several days with a number of the commissioners, we're prepared to fund up to $400,000 for the City to hire its own traffic engineering company. Vice Chair Carollo: That's fine Mr. Keb: And to conduct the study that you're looking -- Vice Chair Carollo: That would be sufficient for us to pay for it. Anything that we don't use, we could keep in an affordable housing fund, right? Mr. Keb: Yes. Chair King: So, I believe the District Commissioner would like to make some comments. Commissioner Russell: Thank you. Chair King: Todd, put the clock. Commissioner Russell: How many do I have? Chair King: Five minutes. Commissioner Russell: Got you. Madam Chair, thank you very much. Commissioner Carollo is right about the traffic mess that's there. The renderings that Zyscovich did, I think ten years ago in the Downtown Miami Master Plan show the potential for a flyover or a drop in that would really alleviate that, and I hope we can get there. But that's many years of studies and funding away. I've probably been the hardest on Hyatt as they came to us four years ago, and I had very strong requests over green space on the waterfront, and that's pretty much where it ended at that time. They came back with new renderings with sufficient green space on the waterfront and expanded Baywalk or River Walk, which I'm very satisfied with. But we also have a new crisis, and I kind of threw a curveball or moved the goalpost because really, we're seeing a crisis of housing and housing costs and rents in our city, and we want to make sure that every project we do on city land helps solve our problems and, you know, not adds more to them. And so, I and I know other commissioners have as well, in their meetings, have challenged them to come up with a proffer that will help us, whether onsite or offsite, to address the housing crisis. So, I'd like to hear what they've proffered on that. I have a few other questions just to solider on the record some of the things we've negotiated over the last few weeks. I saw two representatives of Unite Here, hospitality workers were here this morning. Did you negotiate and finalize a severance package with those workers who will most likely be retiring during this construction period? Mr. Keb: Yes, sir. There's an addendum to the CBA with that union between the union and the hotel, and it includes a quite robust severance package for each of the employees in the hotel. Commissioner Russell: Is that open for us to share here, or is that private between you and the union? City of Miami Page 71 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Keh: I believe it's private between us and the union. I'm certainly willing to check and see if the union would allow for that to be disclosed, but (UNINTELLIGIBLE). Commissioner Russell: I believe I understand what the number is. I've heard from them. And they're satisfied. You're satisfied. I'm satisfied. I just didn't know if it needed to be memorialized in the record. The IBEW (International Brotherhood of Electrical Worker) electrical workers, have you met with them, and are you including them in your construction of this project? Mr. Keb: We have met with them, and they will be included in a "to be determined," - - a `yet to be determined" percentage of the project we've got, for lack of a better term, commissioner handshake with Mr. Riley and his staff at IBEW, and they will be involved in the construction of the hotel. Commissioner Russell: Is the goal of that to use them as possible, and once that is exhausted, to move on beyond organized labor. Or you don't know yet what that looks like? Mr. Keb: Don't know yet what that looks like. Commissioner Russell: Because our goal would be for you to work with them as much as possible with good paying labor, with good benefits and high level electrical work. The green space proffer, the renderings that you have shown are great. The ballot language doesn't quantify it, and so there's nothing necessarily that we can count on or show the residents to know exactly what that green space will be. 1 asked earlier, one of your representatives, to give me a calculation of not the riverwalk itself not the pieces that are on the back by the street, but that green space that you show as that open area by the waterfront -- on the riverfront. How big is that? Mr. Keb: If you'll bear with me for a moment. So there's really kind of four components to it, okay? The first component would be the first 25 feet along the riverfront, which is part of the easement with the City, that's approximately 12,000 square feet. Then just in board of that, it's another 25 -- another 25 feet, again, the full length of the 480-foot boardwalk, which is another 12,000 feet. So that's a total of 24,000 feet adjacent to the river as part of the riverwalk. The triangular piece where there are the archaeological artifacts that's currently not constructed on, that site is about 11,000 square feet. Then the area you're referencing, which is kind of the open area that flows up the stairs up into the building, that's another 17,000 square feet. Commissioner Russell: So that green area that we see in the renderings where people are sitting on benches, that's about 17,000? Mr. Keb: Correct. Commissioner Russell: Got it. So I'm just looking for a way to memorialize that. And we had some talks about this, especially being the birthday of the City of Miami, the only city in this country founded by a woman, Julia Tuttle, who couldn't even vote in that at the time because of obviously the law at the time, but known as the mother of the City of Miami. We don't have a green space named after that I know of out of all of our parks and spaces. And I think it'd be very fitting, especially with Fort Dallas being right there, to include Julia Tuttle as part of that public riverfront green space. Would you all be open to that? Mr. Keb: Absolutely. And we wholeheartedly agree with you and that we should celebrate her as part of this project. City of Miami Page 72 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell: So my proffer and I'm happy to maintain with this motion and move forward here, considering Commissioner Carollo's concerns on the back end that we start looking into that, but at least they can move forward with getting -- looking at financing and planning. I would look at the first sentence. This is the only thing I've got to say that the first sentence of the ballot language, not the question, but the bullet points where it says additional open public space along Miami River. I would put the square footage Julia Tuttle public riverfront green space. It should be about the same number of words. I believe we have a word despair on the ballot language. But if you were to call it -- Vice Chair Carollo: (INAUDIBLE). Chair King: Okay, wait a second, wait, wait, wait, let him finish. And then I'll get -- 1'in going to get to you, then you got to get to me, then we're going to go back to you. Vice Chair Carollo: (INAUDIBLE). Chair King: Okay. Commissioner Russell: It's just a proffer of an amendment to change that first bullet point, hopefully not to affect the wording of the ballot -- the numbers of the ballot, but to quantify that green space so they're held to it. It also shows the voters that we're giving riverfront green space of a certain quantity, whether it's 17,000 or 11,000, whatever the appropriate number is, and name it, Julia Tuttle public riverfront green space instead of open public space along Miami River. 1 think that encapsulates what we're trying to achieve. And that's what I fought for three years ago when this came. And so I'd like to see it memorialized in the ballot language and that's it. Other than that -- oh, I'm sorry. And the affordability proffer, did you already place that on the record, what you all are proffering to? Mr. Dotson: Yes, I thought that in response to the question, I was proffering on behalf of the client that we would increase that last bullet point or second to last bullet point from 5.4 million to 20 million. Commissioner Russell: $20 million affordable housing trust fund contribution. Mr. Dotson: Yes, correct. Commissioner Russell: Thank you. Yes, I'd like that amendment as well, in the ballot language. Chair King: Hold on. Commissioner Reyes would like to speak. Commissioner Reyes: You like to speak? Do I have the floor? Thank you, Carollo. Yes - - she is the boss. Believe it or not, she is the boss. Chair King: Five minutes. Commissioner Reyes: Yes. I'm not going to take that long because I'm not going to doing this to hear myself speak. I just want to do one thing that really, I want to also - - I want that study, that traffic study done. Remember, you went in front of DDA (Downtown Development Authority). There was a vote that supported -- resolutions supporting the project. But there was a lot of concern, some of the members, about the traffic pattern that you were showing in your drawings, how the traffic was going to be diverted and directed. But I believe that it makes a lot of sense to have a flat path, I mean, flyover that would drop us, drop all the cars on Biscayne Boulevard, if it's possible, because I know that it's a major endeavor that you have to work with the City of Miami Page 73 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 State, with federal, with the city, with the county and everything. But 1 would love to have an analysis and a study that will take that into consideration. That is something on (UNINTELLIGIBLE). Also, I'm glad that Commissioner Russell clarified and stated and affirmed that all the green space is public. All the green space that you have right by the river is public and is accessible to anybody that wants to go over there. And you mentioned Fort Dallas. We have Fort Dallas next to it. I would like to ask you to for the clean up -- the site clean up of Fort Dallas. I tried jbr you guys to do some improvements on the river block development, river walk and also the river connection underneath the Brickell Bridge. That is horrible. Horrible. I will ask that you add arts in public places. 1 mean, just some sort of illumination and some art to make it that remember that river walk will connect to a Bayfront Park and all of those. I would like fin- you to, I mean, that's what I'm asking that you take care of this area, the river walk -- river walk on the Fort Dallas and try to make it by beautify it and redo it, what is needed and repair what's needed. Mr. Keb: Commissioner, as it relates to the -- underneath the bridge that connects (UNINTELLIGIBLE) -- Commissioner Reyes: That's right. Mr. Keb: -- we've had discussions with some of the City staff members and others. We're fully committed, subject to, 1 believe it's the Florida Department of Transportation has jurisdiction for that bridge and that road, subject to their appropriate approvals and sign offs on that, we want to create an art in public places under that bridge, whether it's a mural or some statue -- Commissioner Reyes: Whatever it is. Mr. Keb: -- we'll figure it out. And then also to add lighting to it so -- Commissioner Reyes: That will connect to the bay walk. Mr. Keb: Correct, yes. Commissioner Reyes: And we'll have that continuity along the river from Bay walk. Mr. Keb: Yes. Commissioner Reyes: Okay. Mr. Keb: Okay. Commissioner Reyes: Okay, thank you. Chair King: Okay. Commissioner Reyes: Less than three minutes. Chair King: I think -- yes, you are at less than three minutes. Commissioner Diaz de la Portilla, would you like to say a few words? We're at five minutes. Commissioner Diaz de la Portilla: I want to ask a couple of questions. Chair King: Five minutes. Commissioner Diaz de la Portilla: I know I'm going to probably take about two or two and a half of them -- City of Miami Page 74 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Perfect. Commissioner Diaz de la Portilla: -- but I'm going to come back for the other two and a half. I've reserved the right to my full five minutes. So, I'll be very, very -- you also said we had a possibility of another jive minutes if everybody wants to say something. Chair King: If we have to come back. Commissioner Diaz de la Portilla: If we have to, okay. So this is where we're at. And not to breach a conference of our private conversations that we've had. We had a very good meeting a couple of days ago. It was the first meeting that I had with you, Phil. I have not spoken to Mr. Dotson about this at all, but I had the first conversation on July 19th about the details of what was happening. And I expressed to you concerns about the rush to a referendum on the last meeting before we go into break, a November referendum. I'm a believer in referendums, but I think it's important for us to know more details and to be more informed before we make these decisions. After you told me all the things that you wanted to do and you had other representatives there, you -- the last thing you mentioned was 1500 units at market rate, the 92 story, I believe, building. I'm going off the top of my head, I don't have notes. And I asked them about the affordability component, and you were adamant about it not being on site, but that you were willing to commit dollars. And at that point was -- I believe it was 5.4 million, if I'm correct in the number or something in that range. And 1 said that it wasn't enough, that it wasn't enough. That it wasn't enough, that we needed more. And then we went back and forth on the on site off site. And then we had a conversation about where those 5.4 million or additional dollars that 1 will come and publicly say that I wanted much more than that. I know you've got it to 20 million now. I still don't think that's enough. I think it should be more than like 25 million in affordability component. I don't know that math works for you or not. And we also had a conversation. I didn't mention 25 million. I mentioned I wanted substantially more is what I said, if I remember correctly. And I also mentioned that it was important that those dollars would go to redevelopment agencies, or a big percentage of those dollars would go to redevelopment agencies. Of course, not -- the real redevelopment agencies in the City of Miami are the two, the Overtown Park West Redevelopment Agency and of course, the Onini CRA (Community Redevelopment Agency), because that's what the real need is for affordable housing. If it goes to the Affordable Housing Trust Fund, then it can be spent all over the city and in places that maybe they don't need it. If it goes, with all due respect, Commissioner Russell, to sea walls and bay walks and all these things, that's not the purpose of spending money on -- we have a crises, not a new crisis, Commissioner Russell, I heard you, I was watching the whole thing in my, office. It's not a new crisis, it's a very -- right now it's a very old crisis of affordability in the city. I want to make sure those dollars go to housing. to affordable housing. And the areas that really need it are the Overtown CRA and the Omni CRA, geographic areas that you once shared, and you understand the need there, but not to other parts of the city. And the money should be a significant development. You're talking, again, a $1.7 billion development. So, for me, among the other things that we spoke about, for me, it's important you commit serious dollars to affordability to housing off site. And I'll agree to that because I understand the site, the location, highest and best use. I get all those arguments, but we have to have a more serious commitment than $20 million to this -- to affordable housing. And I think a big percentage of that should go to the Community. Redevelopment Agencies for housing so they can then spend it in the right places. Of course, the community redevelopment agencies always come back to this Commission anyway, because at the end of the day, the boards are the City Commission, so everybody gets a right to vote the same way they get the right to vote here. But I want to make sure that it's focused, not -- or even to earmark it to particular places, to particular projects, to particular areas that are in dire need or more need than other areas. So to me, that's important. I can put aside probably the idea that we are rushing a referendum, but the idea that City of Miami Page 75 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 people pick, make a choice in an election, a democratic process, I've always bought into that, always. The idea that you have to come back to us, and 1 always say this, the idea that you have to come back to us and get four votes for a lease, I want to make -- put it on the record today that it is very clear, and to he very clear with you, that 20 million is not enough for me, that it has to go back to the areas that need it, and that when you come back to the city, the city has to have a percentage of gross sales, if you have any retail -- if you're going to have any retail in that space. I don't know if you're going to or not, but if you come back with retail, you have to have some of that into the mix. We want to make as much money off you as possible as you're going to make off us. That's prime real estate, highest and best use. So for me, it's important that you do the most that you can for the City of Miami. 1 used my whole five minutes. We may need another five, sorry. I'll be back. I'll be back. Chair King: Okay. Now, 1 would like to say something about the project, and 1 did meet with the developers. I want to make sure that IBEW, the electrical union, will be taken care of that you will reach an agreement with them. What I want to know from the City Attorney is that the community benefits that we are discussing, does that have to be spelled out in the ballot language? Because if it does, then we have some work to do. Or can we negotiate with them, subsequent to the ballot -- subsequent to approval from the voters? Because what our task here is today is to decide whether this should go to the ballot. Do we want to redevelop that site where the Hyatt and the James L. Knight Center sits? And having said that, when they came to me, 1 said, I'm a no go unless there's affordable housing. Is that correct? Mr. Dotson: Yes, Madam Chair. Chair King: There's no way I'm going to vote for a project that will have -- will not have affordable housing when the City of Miami is experiencing the worst housing crisis in its history. Their response to me was not on site, we're going to -- not on site. They have agreed to give 15 units of affordable housing at 80 percent AMI (Area Median Income) in perpetuity for seniors and veterans as -- in site, in perpetuity, and then, and then there was the contribution of the -- at the time, 5.4, but now it's up to 20. And I agree with my colleague that a portion of that 20, 25, whatever that number is, should go directly to the redevelopment agencies. I am not in agreement for the money to be deposited into the housing trust. I believe it should go -- perhaps my colleagues all should have a right to determine, you know, get a portion, a piece, but I believe that a portion of that money should go to the Overtown CRA. So, what I'm asking from the City Attorney is that do we have to put these conditions in the ballot language because once they come back, if they are successful and the voters agree, then that's when I believe we should start carving out our community benefits. John Greco (Deputy City Attorney): So, as -- Madam Chair, as you know, you only have 75 words. Chair King: Correct. Mr. Greco: And so it's not an exact science. I think that the goal is always to be able to put in the key terms, because obviously, once -- whatever you put in that ballot language, you're pretty much locked into that. So you don't have to list everything, it's balancing. You want to have the key terms, obviously, that's always the best thing to do within the space that you have. If you can fit it and there are terms that are definite terms, you can put it in. But, you know, it's always -- we do this every time. You know, you have a -- you're taking an and out, you're taking a two out. I mean, it's always a struggle to do the 75 words. So, it's really just, I think, a decision from this body as to what the core terms are going to be and what you can fit into the 75 word description. Mr. Dotson: Madam Chair, may I add to his answer. City of Miami Page 76 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Go ahead. Mr. Dotson: A couple of things real quick on the ballot language. We want to be very mindful of the 75 word limit, but also the step that we're at, at the moment, to your point, we're not approving a lease today. The lease still needs to be negotiated and will come back to this Commission for approval. At that time a full blown community benefits agreement can be a part of that lease, taking into consideration this conversation. The ballot language is the framework and the minimum of where we are headed. Not the maximum, but the minimum. So, we can't do less than what we put in the ballot language. And that's why this framework is very important. And 1 want to just respond very briefly on the ballot language on Julia Tuttle. As my client mentioned, we think that is a fantastic idea, but using the 75 words in the ballot language at this moment, we think it would be better to go with the 20 million to the redevelopment agencies or wherever you want to put it, because we are open to wherever you think it's best spent. (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: Jose Marti I like too, but -- Mr. Dotson: That's why we're not putting any -- we would respectfully request it, that the names at this moment not be placed in the ballot. Chair King: But 1 don't think the ballot language should have the dollar value 20 million because 1 think my colleagues -- Commissioner Diaz de la Portilla: Well, I'm with you and I think some other colleagues over there may not like the CRA idea -- Chair King: Right. Commissioner Diaz de la Portilla: -- but hold on. But that could be left -- no, the CRA -- the allocation, the majority going to the CRA. I'm saving I think, not that I know, I think -- (COMMENTS MADE OFF RECORD) Chair King: So, wait a minute -- Commissioner Diaz de la Portilla: No, no, wait -- Commissioner Reyes: Wait -- Chair King: Wait -- Commissioner Reyes: He was -- Chair King: Wait a minute. Wait a minute. Wait a minute, let me speak. Commissioner Diaz de la Portilla: Okay. Chair King: Let me speak. So, we've all had our round one -- Commissioner Diaz de la Portilla: Yes. Chair King: -- now we're on round two. And the way we do it is Igo to my -- City of Miami Page 77 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Vice Chair first. Chair King: -- Vice Chair first. Commissioner Diaz de la Portilla: Then number one second, District One. Chair King: And then -- so everyone is going to get another chance. Todd, give me the five minutes. Vice Chair Carollo: What is the average, to the non -lawyer, the average size of the apartment units that you're building? The 1500. Mr, Keb: It's approximately 850 square feet average in the 1500 -- actually 1532 units, it's approximately 850 square feet. Vice Chair Carollo: 850 square feet. So, it'll be a small two bedroom that you're going to be building. Mr, Keb: There's a mix, there's a few studios, they're mostly one and two bedrooms and a few three bedrooms. Vice Chair Carollo: If they were condos, what do you think the market rate would be to sell them? Mr, Keb: I'm not familiar with the condo market to have an estimation on that -- Vice Chair Carollo: Wise statement. What are your anticipated average rent in the project? Mr, Keb: Based on our market studies, in the highest and best use, the current average rent is approximately $3,400 a month. Vice Chair Carollo: You're figuring as of today to be $3,400, but you're not finishing the project until 2029, so -- Commissioner Diaz de la Portilla: $4, 500. Vice Chair Carollo: Who knows what it'll be then. How many City of Miami residents do you think can afford for an 800 and 4,850 size feet apartment do you think can afford $3,400 today? Commissioner Reyes: That's not 80 percent of AMI. Mr. Keb: No, that's the market rate. Commissioner Reyes: That's the market rate, yeah. But I thought you were talking about the affordable market rate -- Vice Chair Carollo: No, affordable, they're only giving us 15, they say affordable. Gentlemen, everyone spoken and their ideas on the 20 million, I will say that I think 20 million is very low. That's why I think this needs a lot more going through and massaging. But first and foremost, it's a traffic study that I mentioned that would include a flyover, because I truly believe that if you don't have that, this is going to end up killing Downtown Miami where it's going to be like a plug there that nothing would move unless you're in lane for a long, long time to get through. And that's the worst thing that could happen in Downtown Miami. I do think that a flyover will be something that could easily be done and nowhere near as expensive as one of your City of Miami Page 78 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 lobbyists try to convince me of last night. But the areas that we need the most affordable housing outside of Overtown, but Overtown has Southeast Overtown CRA already that brings a lot of money there. It's in other parts of the city, Little Havana, Flagami, Allapattah -- Chair King: Liberty. City . Vice Chair Carollo: Liberty City. Commissioner Russell: Little Bahamas. Vice Chair Carollo: Little Haiti. Little Bahamas. And those are all going to be outside of the CRAs. Commissioner Reyes: That's right. Vice Chair Carollo: That, you know, the CRAs can't give any monies for housing in that area. So, I don't think I need to extend myself more to know where I'm coming from in that. But the one thing that we do agree tonight on is that all that would be for negotiating. If this passes in November. If this passes in November. If this passes in November. So, I think I said my piece. I know this has the votes. One thing that I was taught very early now on politics, how to count. And I'd learned that very early. But I also was taught when to fold, when to draw, and when to wait for the next card game. So, I'm not going to be a vote in favor of this because I think it needs more time to get right. 1 am not going to have it in my legacy that 1 was a vote that put the nail in Downtown's coffin, where we finally made the biggest mess, where nothing gets through. If there was one thing that Maurice Ferre and I talked and tried to accomplish before we were out of office, was to have resolved the problem that we have today in Downtown Miami. We were out of office and nobody did anything about it. I'm hoping that we could resolve it now, but to come up with about 2,400 units, 1500 which will be straight apartments, close to another 300 that will be apartments or part of the hotel pool, and another 600 plus plus will be hotel, with an additional 60,000 square feet of your meeting space that's going to bring it up to almost 200, 000. It's a small city. I do compliment you on putting a little over an acre of green space. That's wonderful. It's not going to do anything with a traffic problem. So I might be, as I see it, the only vote against is today, but I've been there in the past, and it flipped around eventually. Ms. Mendez.: Commissioners. I need to draft a question, though, so -- Chair King: You need to what? Ms. Mendez: Draft a question? Commissioner Diaz de la Portilla: Well, we're not finished yet. We're doing five minutes. Ms. Mendez: Oh, okay. Vice Chair Carollo: I got 1 minute left. Chair King: No, you don't. Vice Chair Carollo: 30 seconds. Commissioner Diaz de la Portilla: You're over. City of Miami Page 79 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: 30 seconds. Chair King: I'm going to give you 30 seconds because you're my Vice Chair, but you have gone beyond. Vice Chair Carollo: I will tell you what Mary Brickell told Henry Flagler. See Russell is so hooked up on Tuttle because she's been given the title of the Mother of Miami, but Mary Brickell was the one that sold all the land of Flagler. Commissioner Diaz de la Portilla: That's correct. Vice Chair Carollo: And what she told him at the time, and 1 was there, I heard it, she said to him, Henry, Henry, you're making the streets too narrow, Henry, you got to make them wider. And Henry, like most men, were hardheaded. He didn't want to listen to Mary because she was a woman. And look at the mess that we got in downtown today because he made the streets too narrow. That, in essence, created part of the problem for the Hyatt property. So, I'm saying to you, the only way you could resolve that is by not making the new streets, the overpass, narrow. And now you'll have two lanes on top that go straight, besides the one in the bottom of the overpass into Biscayne, and then whatever you got in traffic that you don't get in the middle and the new scenario of traffic that you're creating will be in one lane that just goes right but won't plug up everything going into Biscayne, where traffic will be jammed up, up to 1-95. Chair King: Okay, now we're going to go to -- Commissioner Diaz de la Portilla: By district number -- Chair King: -- in order of districts. Commissioner Diaz de la Portilla: Thank you, Madam -- Chair King: Commissioner. Commissioner Diaz de la Portilla: Well, I'm going to tell you that I think it's important to understand that you're in the wild card game today. You still have to play a divisional playoff, which will be your referendum, and you have to go to the championship game, which will be the lease agreement. You have to get to the Super Bowl. So we're going to have a lot of bites at this apple to get what we think is fair for the City of Miami. I think the ballot language now because of the 75 word limitation should not include the naming of a particular green area. We can come back to that, and we could do that in the divisional playoff game,, in the championship game, and come back. We can do all that. The $25 million is important and the ballot language can say a minimum -- by the way, let me take a step back. We can have the debate about how we spend the 25 million. Vice Chair Carollo: They brought it up to 25 million, right? Commissioner Diaz de la Portilla: I know. Or they're going to now. Vice Chair Carollo: They brought it up. They said it. Commissioner Diaz de la Portilla: The 25 million could be part of the ballot language and it could be a minimum of 25 million. That could be the ballot language. That's the floor you were talking about, okay, and then we can have a conversation of how those dollars are spent. Then we can have a debate about whether seven and a half million goes to a CRA or another CRA and then split out, we could do all that. We're going to City of Miami Page 80 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 have that debate because we have a lot more games to play. So, we're not going to decide that today. But 1 think we should decide that 25 million, a minimum, minimum of 25 million should go on the ballot language because that guarantees us and makes us feel better with our constituents and they feel better, safer, that they're voting for something that's really, really important for the city. That we as representatives are fighting for the affordability crisis, to solve the affordability crisis that we have. I think it's a commitment that a $1.7 billion project can do and a corporation like Hyatt and a corporation like Gencom can do. And I think it's a lot to ask for you to get to the right place with that and for our voters and our constituents and our residents to know that you're serious about affordability, that you're not only there to build the 600 and something hotel rooms, the 200 and something corporate rooms and the 1500 -- $3,500 a month, for now, like Commissioner Carollo said, it's going to be over 4000 or more when it's built. We also have five or six years before this is built because you're going to raise the whole place down, right? And you're going to build it, so there's nothing going to happen there for a while. It's construction. There's a lot of concerns and those issues have not been addressed. This is not the time to address them. But the thing that we are addressing today is whether you have the votes, and you do today. And I'm voting for it. To get you to a place to get us to a place where we can have a referendum, let the people of Miami decide whether we move forward, and then we come back and we have the debate. For me, the things that are important on the ballot language, a minimum of 25 million, and I want to put it on the record, I think we get the votes for that here. A minimum of $25 million for affordable housing, if you want to call it attainable housing, because that way you include workforce. We can call it that too, depending -- that wording we can play with, right? We also need workforce, housing. The other issue that's important that Commissioner, that Chairwoman King mentioned is the inclusion of unions like IBEW, especially, people that working -- the labor movement and working people that need to be included in these jobs. That, to me, is very important as well. And we have Bill Riley here who's been representing them for 30 years. So that is important to put on the record as well. So that language, as we move forward, the ballot language, a minimum of 25 million, the idea that you got to come back to us anyway, and the political understanding that you got to come back to us anyway, your public commitment to these things that we're talking about today, and by the way, I agree, whether it's Mary Brickell, whether it's Julia Tuttle, I think it's important to honor our founding mothers. So, I agree with that, too. I also agree with the sea wall in that area and the bay walk and all these things that we can do -- I mean, the river walk that we can do there, because that's part of the pedestrian pathway that we need for people that need it in that area, and the connectivity that you've been talking about your whole career. So, all those things matter to me, but I want your company to understand that you're going to come back to us and you're going to need us again, and that we will make sure you do right by Miami, because that's what we're here for, to do right by Miami. So, it's very important that you do the most that you can, and when we get there, we may very well have something and maybe revitalize a property that's dead, that's not generating anything. I know the valuation increased to $126 million, so once you sign the lease, my understanding is, once you sign the lease, you automatically start paying taxes on that, correct? For the valuation of 126 million is it now? Something like that. I'rn old, but I still have a pretty good memory. So, what happens is, if people understand that you're going to start paying taxes, and when you're done, Miami is going to be in a better place, Commissioner Carollo said that the flyover, the traffic -- I think the traffic I made the same argument with Miami Freedom Park. The traffic is going to be the traffic. It's a mess now, and it's going to be a mess because Flagler didn't make the roads wide enough. So, at the end of the day, you could find solutions to the traffic problem. The traffic study matters, but all that's going to come back to us anyway, right? And we're going to be able to evaluate once we have all that information and we have enough time to think about and do a deliberative process. So, I'm a yes, today, but you have to live up to your commitments, and you have to do good by Miami and do right by Miami at the end of the day. City of Miami Page 81 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. Who is the second on the motion, Mr. Clerk? Mr. Hannon: Commissioner Reyes. Commissioner Russell: Reyes. Okay. Is there an agreement to the $25 million minimum affordable housing contribution? Mr. Keb: Can you give me a minute to confer with some colleagues, please? Commissioner Russell: Yes. So, here's what my recommended amendment would be, if the seconder agrees, and if the votes are here. On the first bullet point of the ballot, language that's proffered in the backup material, forget about Julia Tuttle for now, but please remember, many things are named after Mary Brickell, but Julia Tuttle sent the orange blossoms to Henry Flagler that convinced him to come down here because it didn't freeze in Miami, and my daughter's name is Julia, but don't let that sway your decision at all. The first bullet point would be half acre public riverfront green space. Five words less than the words they got there, and it's -- Ms. Mendez: Say that again, I'm sorry. Commissioner Russell: Half acre or 0.5 acre public riverfront greenspace that's just over 20,000 feet. And that solidifies the number for the voters. It makes it more attractive, and it solidifies for us what we're getting so it can't be changed later. And then on bullet point number four, if agreed by the applicant now, it would say minimum $25 million affordable housing contribution. That's vague enough that it does not say the CRAs or where it goes, and it says minimum -- Commissioner Reyes: Leave it at that. Commissioner Russell: -- and it gives us all flexibility, but I think it will help them at the ballot. That is a significant contribution to affordable housing. Attainable, I believe, only covers the higher end. Affordable is the entire spectrum. Commissioner Reyes: Affordable. Commissioner Russell: Affordable. Manolo's vote. He's my second. So, the amendment I'm proverbing is minimum $25 million affordable housing contribution for bullet point number four. And for bullet point number one, half acre public riverfront, one word, green space, one word. That's it. The rest of it, I love it. Thats my motion. If the seconder or agrees, we may be off to the races. Commissioner Reyes: I agree but, I mean, we cannot include anything else because it's going to be out. But we have the commitment about what we stated about Fort Dallas, and as you mentioned, the riverwalk and the bay walk and under the bridge and all of that. Commissioner Russell: But what was stated about Fort Dallas? Commissioner Reyes: Fort Dallas, we wanted to clean it up and maintain it and -- clean it up, maintain it and improve it. Commissioner Russell: Yeah. I mean, the biggest issue there is Fort Dallas, the house itself -- City of Miami Page 82 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: The house itself, yes. Commissioner Russell: -- needs about a million dollars. Commissioner Reyes: I don't know if it has got to be demolished. I don't know. Whatever is left, but at least the surroundings have to be clean. Commissioner Diaz de la Portilla: No, it has to be a minimum of 26 million then to include Fort Dallas, that way we fix it, just change the 5 to a 6. Commissioner Reyes: But we are not making a fort there, are we building a fort? A real fort? Commissioner Diaz de la Portilla: You guys better make up your minds quickly. By the time you're done, it'll be at 30 million. Ms. Mendez: Madam Chair, the only thing I ask is -- Commissioner Reyes: Break the huddle. Commissioner Diaz de la Portilla: You're taking too long for this one. Madam Chair. Chair King: Yes? Ms. Mendez: Normally when we write this up, this is due tomorrow to the Elections Division. So, 1 need two minutes to write and then I come back, and I read it to you. Mr. Noriega: She really needs five. Ms. Mendez: Okay, I need five or I just need to make sure that the ballot language is always the most important heartache of any of these deals. And I've done like ten of them already. So, please, I just need to make sure it's what you want. Vice Chair Carollo: All that is wonderful language and so on, but I will tell you that someone could go out there and I could just see someone putting a mailer that would say $1.5 billion project -- Commissioner Diaz de la Portilla: $1.7. Vice Chair Carollo: $1.7, thank you, project, 1500 apartments, $4,000 a month, and they only want to give us 25 million for affordable housing. It will take a lot of money. Commissioner Diaz de la Portilla: Actually, I have an idea that you actually bring up a good point Commissioner Carollo. Vice Chair Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: We can add and other community benefits. We can add that to the language. Vice Chair Carollo: Yeah, that's Fort Dallas. Commissioner Diaz de la Portilla: Of course, but then we can negotiate. For example, Magic City Innovation was $40 million. Commissioner Reyes: Yes. City of Miami Page 83 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: 60, right, $60 million. Whenever you're talking about something -- about $1.7 billion, yeah. Vice Chair Carollo: Magic City Innovation was very different. We didn't own that. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Yeah, I understand. But what I'm saying is that it was a lot, we didn't own it, and we still got a lot more. Commissioner Reyes: That was negotiated when they came back. Commissioner Diaz de la Portilla: I know. Chair King: Hold on a sec. Hold on a see. Todd has been trying to get our attention for a minute -- Commissioner Diaz de la Portilla: But wait a minute -- Chair King: Wait. Let me see what Todd wants to tell us. Commissioner Diaz de la Portilla: Okay, go Todd. Mr. Hannon: No, l just want to make sure the mover and seconder were still -- I know that there were two amendments made by Commissioner Russell regarding the first and fourth bullet point, but also that you're still accepting my ministerial amendments from 734 that were made earlier, just talking about adding a resolution number on a certain page and Amendment 1 and so forth. The City Attorney did ask if the mover would entertain the idea of removing the term sheet from the resolution. Vice Chair Carollo: I think they're taking part of Brian's fee, (UNINTELLIGIBLE) I see him here now. Mr. Hannon: Or did you want that reference to remain in the resolution? Commissioner Russell: Both the City Attorney and the City Manager recommend it's in our favor for it not to be attached to give more flexibility. So, I'm open to it. Mr. Hannon: Okay, so you're accepting that amendment. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: And then there was also an amendment for $400, 000 from, I guess, the developer for traffic engineer to conduct the study. $400, 000. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: And accepting that amendment. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Good to go. Chair King: Ready? City of Miami Page 84 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Dotson: I'm going to ask for two things. First, I'm going to respond directly to the motion on the table and then ask for a five minute break for us to work with the City Attorney on the language for the ballot. There has been a lot of changes here. Commissioner Diaz de la Portilla: We're going to do that, obviously, but that's not the point. Mr. Dotson: Yes. Let me start with the items that have been modified. I shook my head yes. I ju,st want to do it for the record on the $400, 000 to the study. And I believe what we also said was to the extent the study cost less than $400,000, you would contribute it to affordable housing. Commissioner Diaz de la Portilla: That's fine. Mr. Dotson: Number two -- Vice Chair Carollo: You're talking just a few dollars there. Mr. Dotson: I'm just claming. Number 2, we want to be very clear that where the money goes that we contribute is a public policy decision. Our client is very focused on making sure that it goes to affordable housing, whether it goes to the Affordable Housing Trust Fund or to a redevelopment agency. We heard this conversation. That's for you all to decide. So, we don't think that has to go on the ballot language, as to where it goes. As to the amount, we're prepared to accept $25 million as the contribution, not minimum contribution. So, 1 want -- you asked us to increase it from 20 to 25, and we are pleased to do that as our contribution. As to the Fort Dallas, I think, was another part that you mentioned in the arts and public place in the riverwalk. We also accept those amendments as well. Commissioner Reyes: Okay, let's vote. Chair King: Okay, wait one second. Commissioner Diaz de la Portilla: No, because -- Chair King: Wait. Commissioner Diaz de la Portilla: Okay. Chair King: One second. Although it's not going to be added in the ballot language, the agreement that we have for the 15 units for -- because that's going to be a handshake right now, and I trust that we will get that for the seniors and/or veterans, and those units remain affordable units in perpetuity. Vice Chair Carollo: 15. Mr. Dotson: Let me say there were two things that I did not mention, because it was not mentioned in the recap. One was the unions, and the other was what you just mentioned. So, I'm going to let the client respond to both, which we are prepared to do. Mr. Keb: As we spoke briefly, you and I, Chairwoman, that's touched our heart, and Tye want to do that to the extent that it's allowed by law to restrict those units to retired veterans or police officers or others, absolutely. And just a small clarification, the ground lease is 99 years, so it's not in perpetuity, but certainly as long as the ground lease is in place. City of Miami Page 85 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: 99 years. Chair King: Wait, 1 don't want to get caught up in, to the extent the law allows. So, for those units, you can call them whatever you want to call them, but the rent, if you guys have to pay the difference, they need to be on site. Mr. Keb: Let me clam. So, in our mind, those are 60 percent AMI units. Chair King: 80. Commissioner Diaz de la Portilla: Better for him. Chair King: I'm sorry, that's right, 60. Commissioner Reyes: Much better, 60. Chair King: 60. 60. Commissioner Reyes: 60 percent of AMI. I mean, there's a great difference between 60 percent and 80 percent. Chair King: Yes, yes, yes. Mr. Keb: We spoke about this. We know what we're trying to do. Chair King: Yes. Mr. Keb: 60 percent AMI units, they're available for the as long as the ground lease is in place. And we would prefer, as you would, if we can restrict those units to those classes, descriptions, whatever the appropriate term is, we are all for that. If for some reason it can't be done, then they'll be available to whatever the regulations are for affordable housing at 60 percent AMI. Chair King: Okay. Commissioner Diaz de la Portilla: Or you can make it up somewhere else if they can't do it that way, right? Chair King: Right: Commissioner Diaz de la Portilla: You build 15 units somewhere else if you have to at the end of the day. Mr. Keb: And with this as a public record, you have our word we will do that. Commissioner Diaz de la Portilla: The unions? IBEW and others. Mr. Keb: I mean we met once, we've spoken, we've made a commitment we're going to do something. I can't stand here today and I don't think Mr. Riley can stand here today and say exactly what that is. He and his members are part of our team, and we will put an arrangement in place as quickly as we can. Commissioner Diaz de la Portilla: And that's your word? Mr. Keb: That is our word, yes, sir. As part of the public record. Chair King: So, we're going to allow Vicky five minutes to work -- City of Miami Page 86 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: But there's only -- I have one more left, and I'm done. The -- are we restricting ourselves to no additional community benefits during any of the negotiations that we will have? Well, if it's not -- they haven't made a commitment because they don't want to use the word minimum. They want to say 25 million in ballot language. So, are we restricting ourselves to not be able to have a conversation based on the record here today about additional community benefits that we may want to require during the lease agreement? Vice Chair Carollo: Well, he certainly thinks so. Chair King: Well, I think they mean that they don't really want to go above a cash benefit of 25 million. But there could be -- Commissioner Reyes: Additional benefits. Chair King: -- additional benefits. Vice Chair Carollo: Let me explain to you the reality. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: The reality is that the sized units that they're talking about are small, two bedrooms, and the location that they're going to be in, those units in today's market will probably -- are probably worth, at the very least, and I'm probably being somewhat conservative, $500,000, and I'm being conservative, probably more. By the time they build them, you might tag another 100, 000. Now, using the $500,000 in today's number, what they're giving us per unit in -- approximately a hair over three and a half percent, 16,500 plus -- actually 16,666, a little over three and a half percent. It should be, frankly, no less than a 4 percent, which would bring it to 20,000 per unit and $30 million on the affordable side. And that's dirt cheap, because many others in this business will tell you that you should be able to get more than 5 percent, not even a 4 percent. Right now, we're at slightly over three and a half percent upfront. Commissioner Diaz de la Portilla: Madam Chairwoman -- Commissioner Russell: Madam Chair, question. What is the trigger for the 25 million to be released? Has that (UNINTELLIGIBLE) -- Vice Chair Carollo: Once its built. They're going to tell you once it's built. Commissioner Reyes: No. Commissioner Diaz de la Portilla: No. No. Vice Chair Carollo: Yeah. We haven't even gotten there yet. Commissioner Russell: I'm just curious if it had been proffered or not, because that makes a huge difference to us. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: I think that we have the ability, tell me if I'm wrong, to negotiate all these things during the lease process, right -- Commissioner Russell: Okay. That's. fine. City of Miami Page 87 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: No, you don't. Commissioner Diaz de la Portilla: After the signing of the lease of maybe 5 million or 10 million or whatever it is, and then you move on. I think we'll have those negotiations, but they know they need -- I'll go back to what I said, they still need the championship game, they need that lease. We're going to have a lot of leverage to get what we need for the city. Vice Chair Carollo: Where are you getting with that Russell. Commissioner Russell: So, I'll remove the minimum, if that's alright, Commissioner, if that still maintains your vote, I'll remove the word minimum. So, it simply says in bullet point number four, 25 million dollars affordable housing contribution. Commissioner Diaz de la Portilla: Yes. Yes. Vice Chair Carollo: Madam City Attorney. Are we tying ourselves up by putting that kind of language or not, where we will be then limited to what was approved was only 25 million. Therefore, we shouldn't be asking for more, or can't ask for more -- Commissioner Diaz de la Portilla: Affbrdable housing contribution. Ms. Mendez: This is the problem. In my experience, when then we start negotiating, every developer's attorneys point to this and say, oh, no, it didn't say a minimum, it just said X. Commissioner Diaz de la Portilla: That's why I said a minimum, (UNINTELLIGIBLE). Ms. Mendez: So, that is why you always put minimums so that then you can ask for more. Because then they say, oh, no, that's not what the people really wanted. Commissioner Reyes: That will untie our heads. Commissioner Diaz de la Portilla: We stick to a minimum, end of the story, and we vote on it and you probably pass it, or we continue the debate. What do you prefer? Chair King: I think -- Commissioner Diaz de la Portilla: We want to have flexibility. Chair King: To give us flexibility, I think, and we will negotiate in good faith. At least I can commit to negotiating in good faith. Commissioner Diaz de la Portilla: So will 1. Chair King: The language to add the word minimum, I think it should be minimum community benefit of 25 million. And that doesn't mean that it's a minimum dollar amount. It's a minimum of the value of community benefits. So therefore, we could get other benefits included in the project. Commissioner Diaz de la Portilla: Correct. But with the record showing that our real goal is to do affordable housing. Mr. Dotson: Minimum 25 million community benefit. Commissioner Diaz de la Portilla: That's it. That works? City of Miami Page 88 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Minimum, yes, because a community benefit does not necessarily have to he a dollar. It could be some of the ground floor -- Commissioner Diaz de la Portilla: Some of the units or some of the ground floor can be retail space. Chair King: Right. Commissioner Reyes: Madam Chair, I have a question. We have talked about everything here, but I haven't heard what will be the contribution — the year contribution that the City is going to -- the projected contribution the City is going to receive due to -- how much are you going to pay for -- to the City for using the 6 percent of gross or what is it? Mr. Keb: The current lease structure is a minimum rent of two and a half million dollars, which is ten times what the current minimum rent is for the existing lease. Commissioner Reyes: It is minimum rate of 2 -- Mr. Keb: $2.5 million. Commissioner Reyes: $2.5 million a year, or? Mr. Keb: Or percentage or the greater of percentage rent, which two and a half percent of all the revenue generated from the project. Commissioner Reyes: Two and a halfpercent. Chair King: So, what I'd like to have now, because the hour is getting long and we still have a lot of work to do, I'd like to get the ballot language from Victoria. Commissioner Diaz de la Portilla: Yes. Can we just finish this item and then just defer everything to September meeting, everything else. Chair King: No. Commissioner Diaz de la Portilla: It's a joke. Levity at 8:48. Okay? Relax. Commissioner Reyes: At 10 o'clock we have to leave. Chair King: If we don't agree to -- Commissioner Diaz de la Portilla: Iris almost had a heart attack over there. Commissioner Reyes: I'm leaving. Chair King: It's 8:48 and we have till 10 o'clock because I was just informed by one of my colleagues that he's leaving at 10 o 'clock, so we need to -- Vice Chair Carollo: Who informed you of that? Chair King: Commissioner Reyes. Vice Chair Carollo: Oh, okay. Well, you know (UNINTELLIGIBLE). City of Miami Page 89 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: I'm not going to say hut he's going to vote against it anyway. He heard me. oops, 1 apologize. He's corning back. I thought he went to the restroom. Vice Chair Carollo: It was cut in the mic. I'm sorry. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Okay, five minutes. Chair King: Five minutes. (COMMENTS MADE OFF RECORD) Chair King: Can you read it please? Ms. Mendez: Chair. Commissioner Russell: Before she reads it. Madam Chair, I removed the point -- the half -acre -- the half -acre. So it simply says public riverfront green space. And as you are honoring -- asking them to honor their word that they will be providing a half - acre public riverfront green space -- Chair King: Go ahead. Commissioner Russell: And if they agree to that and it's in the term sheet in the back, I'm okay with it not being in the ballot language. Chair King: Here comes Todd. Never a good thing. He is waiting for your response. Mr. Keb: Yes, we will honor that on the greenspace. Commissioner Russell: Great, so the ballot language will not include the word half - acre. Got it. So once the City Attorney reads the language -- once the City Attorney reads the language, I'll make that my amendment. If the seconder agrees, I think we're ready to go. Chair King: Okay. Madam City Attorney. Ms. Mendez: Thank you, Todd. Shall the Miami's Charter be amended authorizing City to amend Hyatt Lease with HRM Owner LLC, including Knight Center property, extending to 99 years waiving bidding and requiring, at no cost to the City: public river -front greenspace, new Hyatt Hotel, additional parking, convention space and apartments; increased annual rent to City from 250,000 to minimum 2,500,000 or 2.5 percent gross -- 2.5 percent of gross revenues, whichever greater; minimum 25 million affordable housing contribution, expanded public riverwalk? Commissioner Diaz de la Portilla: I have a -- Ms. Mendez: That's a question. And right now, we don't -- this is the minimum. We don't have a term sheet attached to allow you flexibility. It's on the record that they're promising you that. If they don't, it's a four fifth vote. They don't have four, and there that goes. Commissioner Diaz de la Portilla: Let -- if' may? Chair King: Please. City of Miami Page 90 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Is there a way to reverse it? Now, let me take my commissioner hat off and put niy political campaign guy hat on. Is there a way to reverse it and mention the 25 million public benefit, all the other things that are providing first and then the other stuff after? Ms. Mendez: You can, however, I believe that they've done, like, market study on the question or something, and that's why they want in a particular order, but -- Commissioner Diaz de la Portilla: Of course. Chair King: Well, if the applicant agrees to the way the language is, they have the most to lose. Commissioner Diaz de la Portilla: I understand, but I'm telling you that, number one, people are not going to read it. Most people don't finish the whole 75 words. If you put the benefits first, people get excited about it. So, you do what you want to do. If the applicant wants to reverse it, reverse it. It's up to you. It's your issue. I recommend, by the way, unsolicited and unpaid political advice is that you tell people first what you're giving them, not where you're taking. That makes sense. What are you giving them. But if that's what they want, that's what we'll vote on. Chair King: Okay. Vice Chair Carollo: Can you read that to me again, please? (INAUDIBLE). Commissioner Diaz de la Portilla: You're doing your political thing, too, are you? Commissioner Reyes: (INAUDIBLE) myself. Commissioner Diaz de la Portilla: Of course. Then you reverse it? Commissioner Russell: Did you print it? Commissioner Diaz de la Portilla: Read it again. Ms. Mendez: Yes, I'll read it again. Can you give this to -- shall Miami's Charter be amended, authorizing City to amend Hyatt Lease with HRM Owner LLC, including Knight Center property extending to 99 years, waiving bidding, and requiring, at no cost to the City, -- to City, not to the. Remember that we have to take out prepositions and stuff because -- Commissioner Diaz de la Portilla: Let's keep on reading. Keep on reading. Ms. Mendez: -- public river front, greenspace, new Hyatt hotel additional parking -- Vice Chair Carollo: (INAUDIBLE). Ms. Mendez: Right? Commissioner Diaz de la Portilla: There is a semicolon. Ms. Mendez: If you can give me a moment, I'll have it printed. I sent it to all your offices at the same time but -- Chair King: Just keep reading, Victoria. Ms. Mendez: Alright. City of Miami Page 91 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Start again. Ms. Mendez: Shall Miami's Charter be amended authorizing City to amend Hyatt Lease with HRM Owner LLC, including Knight center property, extending to 99 years, waiving bidding, and requiring, at no cost to City, public river -front to greenspace, new Hyatt Hotel, additional parking, convention space and apartments, increased annual rent to City from 250,000 to minimum 2,500,000 or 2.5 percent of gross revenues, whichever greater, minimum 25 million affordable housing contribution, expanded public riverwalk? Commissioner Diaz de la Portilla: 1 will put the latter part first, on the front, of course. $25 million in benefits, riverfront, park space, all the things that people want to hear first. And then you put everything you're getting, whatever marketing company you're using for the study, get a new one. Trust me. Chair King: Okay, but if that's what they agreed on, that's what's before us. Let's put it to a vote. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Chair King: Aye. Commissioner Reyes: Aye. Vice Chair Carollo: Nay. Chair King: Motion passes 4-1. Mr. Hannon: As amended. Chair King: As amended. Mr. Dotson: Madam Chair and Commissioners, thank you very much and look forward to having Commissioner Carollo on some of the radio ads that we're doing in favor of this, right? Vice Chair Carollo: Excuse me? Mr. Dotson: Just kidding. Thank you very much. Commissioner Russell: Good luck in November. Ms. Mendez: Commissioners -- Commissioner Diaz de la Portilla: Good luck. Ms. Mendez: -- I'm sorry. Just to clarify, for the record, you voted on RE.4 and 5 together. Chair King: Together, yes. Ms. Mendez: Thank you. Chair King: Okay. What next for us is -- City of Miami Page 92 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Congratulations. Mr. Keb: Thank you, Madam Chairwoman. Chair King: Thank you. RE.5 RESOLUTION 12026 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 NOVEMBER 8, 2022, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, TITLED "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 AMENDED AND RESTATED LEASE WITH THE EXISTING TENANT, HRM OWNER LLC, TO PROVIDE A NEW 99-YEAR TERM AND EXPAND THE LEASE TO INCLUDE THE EXISTING HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER PROPERTY AT 298, 300, 330, & 400 SOUTHEAST 2ND AVENUE (COLLECTIVELY, "PROPERTY"), PROVIDING FOR THE REDEVELOPMENT OF THE PROPERTY TO INCLUDE AT LEAST A 615 KEY HOTEL, 188,000 SQUARE FEET OF CONVENTION/MEETING SPACE, 682 APARTMENTS, PARKING, ADDITIONAL PUBLIC OPEN SPACE, AND AN EXPANDED PUBLIC RIVERWALK, ALL AT NO COST TO THE CITY, FOR NO LESS THAN FAIR MARKET VALUE RENT, CONSISTING OF THE GREATER OF PARTICIPATION RENT EQUAL TO 2.5% OF GROSS REVENUES AND AN INCREASE OF MINIMUM RENT FROM $250,000 TO $2,500,000 ANNUALLY, AND FURTHER PROVIDING THAT TENANT SHALL MAKE A $5,400,000 PAYMENT TOWARD THE AFFORDABLE HOUSING TRUST FUND, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AND WITH SUCH OTHER TERMS MORE PARTICULARLY SET FORTH IN THE TERM SHEET ATTACHED AS EXHIBIT A ("TERM SHEET"), ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-22-0263 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes NAYS: Carollo Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.4 and "Public Comments for all Item(s)." City of Miami Page 93 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.6 RESOLUTION 12208 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING REIMBURSEMENT GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) ("REIMBURSEMENT GRANT FUNDS"), FOR THE DOCTOR ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BOULEVARD, LOCATED WITHIN THE CITY OF MIAMI ("CITY"), CITY PROJECT NO. 40-B203515, COUNTY PROJECT NO. 220-3004475 ("PROJECT"); SUBJECT TO ALL NECESSARY BUDGET APPROVALS, AUTHORIZING THE CITY'S REQUIRED MATCH IN AN AMOUNT NOT TO EXCEED FIVE MILLION, SIXTY- THREE THOUSAND, ONE DOLLARS ($5,063,001.00) ("CITY MATCH"); FURTHER AUTHORIZING THE INCLUSION OF THE REIMBURSEMENT GRANT FUNDS AND THE CITY MATCH IN THE CITY'S MULTI -YEAR CAPITAL PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY FOR THE REIMBURSEMENT GRANT FUNDS ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0289 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 Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. City of Miami Page 94 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.7 RESOLUTION 12042 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REAFFIRMING THE ENDORSEMENT OF THE RICKENBACKER CAUSEWAY PROJECT A/K/A "PLAN Z" FOR THE CITY OF MIAMI AS DESCRIBED IN RESOLUTION NO. R-15- 0331, ATTACHED AND INCORPORATED AS EXHIBIT "A", SUPPORTING ITS VISION AS PRESENTED; URGING MIAMI- DADE COUNTY TO IMMEDIATELY REOPEN REQUEST FOR PROPOSALS ("RFP") NO. RFP-01982 OR REISSUE A SIMILAR RFP TO DEVELOP, MAINTAIN, AND OPERATE THE RICKENBACKER CAUSEWAY AND ASSOCIATED RECREATIONAL ELEMENTS WITH AMENDMENTS DESCRIBED IN THE BODY OF THIS RESOLUTION, AND TO COORDINATE WITH THE APPROPRIATE AGENCIES TO MOVE THE PROJECT FORWARD; FURTHER REQUESTING THAT THE PROJECT BE BROUGHT BACK TO THE CITY COMMISSION DURING THE EARLY DESIGN TO ALLOW FOR INPUT AND COMMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE INDIVIDUALS IDENTIFIED HEREIN. ENACTMENT NUMBER: R-22-0290 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la 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.7, please see Item Number RE.1. City of Miami Page 95 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.8 RESOLUTION 12102 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THAT THE OPERATIVE DATE TO BEGIN IMPACT FEE COLLECTIONS AND THE DISTRIBUTION OF SAID FUNDS FOR THE UNDERLINE PROJECT, PURSUANT TO RESOLUTION NO. R-17-0143, IS SEPTEMBER 8, 2016; AUTHORIZING THE CITY MANAGER TO AMEND THE FIFTY MILLION DOLLAR ($50,000,000.00) FUNDING CAP DESCRIBED IN RESOLUTION NO. R-17-0143 AND IN THE MEMORANDUM OF UNDERSTANDING DATED NOVEMBER 6, 2017 BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY"), IN ORDER TO REDUCE SAID DOLLAR FIGURE FROM FIFTY MILLION DOLLARS TO FIFTEEN MILLION DOLLARS ($15,000,000.00), WHICH AMOUNT SHALL BE PAYABLE IMMEDIATELY UPON EXECUTION OF SUCH AMENDMENT IN WRITING, SUBJECT TO THE LEGALLY -NECESSARY COUNTY APPROVALS AND THE AVAILABILITY OF FUNDS; AUTHORIZING THE CITY MANAGER TO MAKE ANY LAWFUL CHANGES IN ORDER TO ADJUST, AMEND, BUDGET, AND APPROPRIATE THE CITY'S ADOPTED CAPITAL PLAN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS AMENDED, IN ORDER TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS NECESSARY TO THE RELEVANT AGREEMENTS AND/OR MEMORANDUM(S) OF UNDERSTANDING RELATING TO THE UNDERLINE PROJECT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO REFLECT THE PROVISIONS OF THIS RESOLUTION. ENACTMENT NUMBER: R-22-0291 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 Item Number RE.1. City of Miami Page 96 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.9 RESOLUTION 12269 Commissioners and Mayor RE.10 12276 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-15-0206, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING CRITERIA AND PROCEDURES FOR NEWSPAPERS WHICH, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY FLORIDA STATUTES, CITY DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES; AND FURTHER LISTING THE NAMES OF THE NEWSPAPERS APPROVED FOR SAID USE. ENACTMENT NUMBER: R-22-0292 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, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER, OR HIS/HER DESIGNEE, TO TAKE ANY AND ALL NECESSARY ACTIONS TO EXPEDITIOUSLY REVIEW AND DETERMINE THE ELIGIBILITY OF AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS FOR THE CITY COMMISSION DISTRICT 1 PROJECT LIST, ATTACHED AND INCORPORATED AS EXHIBIT "A;" FURTHER DIRECTING THE CITY MANAGER, UPON THE DETERMINATION OF ELIGIBILITY, TO WORK WITH THE DISTRICT 1 CITY COMMISSION OFFICE TO TAKE ANY AND ALL ACTIONS NECESSARY, INCLUDING THE PREPARATION AND PRESENTATION TO THE CITY COMMISSION OF ANY ADDITIONAL RESOLUTION(S), FOR THE USE OF THE ARPA FUNDS FOR ELIGIBLE PROJECTS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0293 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. City of Miami Page 97 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.11 12265 Commissioners and Mayor RESOLUTION A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI WATERFRONT VENTURES, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER") FOR THE DEVELOPER TO COMPLETE CERTAIN PUBLIC BENEFITS AND RIGHT-OF-WAY IMPROVEMENTS ALONG SOUTHEAST 25TH ROAD PURSUANT TO THE MEMORANDUM OF UNDERSTANDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID PUBLIC BENEFITS AND RIGHT-OF-WAY IMPROVEMENTS; FURTHERING AUTHORIZING WAIVER OF CERTAIN FEES PURSUANT TO SECTION 54-3(E)(8). ENACTMENT NUMBER: R-22-0294 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 Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE.1. City of Miami Page 98 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.12 12291 Commissioners and Mayor RE.13 12257 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $3,717,000.00, COLLECTED BY THE CITY OF MIAMI ("CITY") AS DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DRI")/MASTER PLAN RECOVERY FEES AND DRI SUPPLEMENTAL FEES, AS SET FORTH IN CHAPTER 13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE") TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), IN ORDER TO REIMBURSE AND PROVIDE FUTURE FUNDING TO THE DDA FOR THE PROVISION OF PROJECTS SPECIFIED IN THE INCREMENT III DOWNTOWN DEVELOPMENT ORDER, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY MANAGER. ENACTMENT NUMBER: R-22-0295 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.12, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B) 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 PERMITS/TEMPORARY EVENTS IN GENERAL," WAIVING THE TIME LIMITATION OF ONLY TWO (2) TEMPORARY EVENTS FOR A MAXIMUM OF TWO (2) WEEKS EACH PER YEAR ON PRIVATE PROPERTY FOR THE MAGIC CITY FLEA MARKETPLACE, A VINTAGE CLOTHING AND ARTISAN CRAFT MARKET PLACE EVENT TO TAKING PLACE ON AUGUST 27, 2022 AT 350 NW 24 STREET, MIAMI, FLORIDA, WITH CONDITIONS AS STATED HEREIN. ENACTMENT NUMBER: R-22-0296 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.13, please see Item Number RE.1. City of Miami Page 99 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.14 12308 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE OR PUBLIC PROPERTY PURSUANT TO SECTION 62- 521(B)(4) 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," TO WAIVE THE NUMBER OF EVENTS AND PERMITS ALLOWED FOR "MIAMI'S WINTERLAND - A HOLIDAY SPECTACLE," TO BE HELD AT LEGION PARK, 6447 NORTHEAST 7 AVENUE AND SURROUNDING ADDRESSES 6443 BISCAYNE BOULEVARD, 621, 645, 675 AND 685 NORTHEAST 64 TERRACE FROM DECEMBER 1, 2022 THROUGH DECEMBER 31, 2022. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.14, please see "Order of the Day." City of Miami Page 100 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.15 12251 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND , A COMPANY, ("USER"), WHEREBY THE CITY GRANTS USER TEMPORARY ACCESS RIGHTS TO USE A PORTION OF THE CITY -OWNED MARINE STADIUM PARKING LOT LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 33149, ("PROPERTY"), FOR THE PURPOSE OF PREMIER PADEL P1 EVENT ("EVENT") IN ACCORDANCE WITH REQUIREMENTS SET FORTH IN SECTION 53-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item RE.15 was deferred to the September 8, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.15, please see "Order of the Day." City of Miami Page 101 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.16 12067 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED FEBRUARY 20, 2020 FOR CASE NUMBER CE2019016158 ON PROPERTY ADDRESS 151 NORTHWEST 60 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0297 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Fortilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Chair King: The next item we will address, we will go back to the RE's (Resolutions Well take RE.4 and 5 now? Vice Chair Carollo: Yes. Chair King: Okay. No, you want to do the -- Vice Chair Carollo: No, we're going to take RE.16 and 17 Chair King: Let's take 16 and 17. Vice Chair Carollo: And then go to some of the -- Chair King: Other. Vice Chair Carollo: Yes, other less impactful. Chair King: Okay. So, with RE.16, the Administration has negotiated a global agreement for this property where the City will come away with $394,000 as a settlement for that property. The property fits within the exception. It's in litigation. Vice Chair Carollo: This one is a lot easier, I think, to deal with because of this global agreement that they've done. And it's a significant amount that we're getting. Which is the total amount, Madam City Attorney, that between everything that was owed here? Victoria Mendez (City Attorney): I believe the global settlement is $384,000 total, and I believe the mitigation could be part of that for a total of 394. Let me just confirm that. City of Miami Page 102 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: This one for me is quite easy to deal with and sufficient dollars that we're getting in this total agreement. My concern is not one like this, but others, that we are going to set a precedent that if we just let people off the hook, no matter how much they break our hearts, then what we implemented in the guidelines on timing, no one's going to follow it because why, they know they could come to us and they could point out, well, you did this for such and such. So, on the next one, I'd like to do it a little different. This one, I have no problem making the motion because the global agreement that you were dealing with before and they have paid significant amount of dollars already. Ms. Mendez: Well, they haven't paid it yet -- Chair King: They will. Ms. Mendez: Right, so it'll be a total of 384, plus if you want to mitigate it to 10,000, a total of 394. Vice Chair Carollo: 394 is the total -- Chair King: So, let's do away with this. Commissioner Diaz de la Portilla: RE.16 we are talking. Chair King: Yeah, RE.16 Vice Chair Carollo: 16. Yeah, that's what we're talking about. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Okay, it's moved, I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. Todd B. Hannon (City Attorney): Sorry, Chair. Madam City Attorney, is that as is or were there some -- Commissioner Diaz de la Portilla: As is. Ms. Mendez: Well, it's it's -- Vice Chair Carollo: No. Ms. Mendez: -- it's the mitigated amount that they -- Commissioner Diaz de la Portilla: Oh, yeah 384. Chair King: Right, so it brings it to 394 -- Ms. Mendez: For a total of 394. Chair King: -- for a total of 394. Ms. Mendez: It didn't have a number before, so that's why it's as amended. City of Miami Page 103 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.17 12125 Office of the City Attorney Mr. Hannon: As amended, got it. Ms. Mendez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MAY 23, 2016 FOR CASE NUMBER CE2016001775 AND THE CODE ENFORCEMENT LIEN RECORDED NOVEMBER 29, 2012 FOR CASE NUMBER CE2012008368 ON PROPERTY ADDRESS 903 NORTHWEST 69 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0298 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, Diaz de Ia Portilla, Reyes ABSENT: Russell Vice Chair Carollo: On the next one, it's a little different. This, from what I understand, was a property that the lady that owned it, that built up most of the Liens, died and she left it to the party that owns it now. So, the bulk of the liens that are here, the problems, happened before. You know, that's understood, that's not with him, but Commissioner, we need to establish something. This is not a homestead. The property is obviously going to be sold and be used for, I'm sure, a good purpose, but we're going to be flooded with situations like this and not from nice people necessarily like we have here. So, what I'd like to propose is that they don't give us anything up front, but the time and day that they have a buyer that they're going to sell, then -- and I don't know how we could work this so that this doesn't have to keep coming back to us, that the City Attorney could do it automatically, we take 50 percent of the proceeds automatically and give 50 percent to the other people. Chair King: Well, Commissioner, here is the problem with, as you said, it was a property that has been inherited. The previous owner was sick while all of these -- terminally ill, while all of these liens were accumulating. Well, the property is only worth $100, 000. Vice Chair Carollo: It's about 150 I'm told. Chair King: Okay, 150 -- Vice Chair Carollo: (UNINTELLIGIBLE). City of Miami Page 104 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Right, but the liens are a million plus dollars. I don't believe that the owner now has an intent to sell the property, and they're here, they can get up and speak. There's a Reverend that owns the property now, and 1 think they're going to use it for a nonprofit purpose. Vice Chair Carollo: What I'm talking whatever we do, they won't have to pay until the day that they sell the property. That's what I'm talking about. Chair King: Do you think that's a fair resolution? I can't hear you. Okay, so -- Commissioner Diaz de la Portilla: How much are we talking about? Vice Chair Carollo: Well, look, if they build on it, we're not obviously going to include the price of whatever they built on it, just the land value on the land. And you could separate land value from whatever is built on very simply. What I'm talking about is that the day they sell, then we get a percentage -- Commissioner Diaz de la Portilla: Of that. I'll move it with the -- as amended by Commissioner Carollo Vice Chair Carollo: -- of what it is -- of the land value. Commissioner Diaz de la Portilla: Of the land value. 1'll move it with the -- Commissioner Carollo's amendment. Vice Chair Carollo: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): I'm sorry, who is the seconder? Chair King: Motion carries. Commissioner Diaz de la Portilla: Commissioner Carollo. Chair King: Commissioner DLP (Diaz de la Portilla). Victoria Mendez (City Attorney): I just need to understand what's being done, I'm sorry. Chair King: What he said was that as long as they own the property, they're not responsible for paying for the liens. If they choose to sell the property and they've improved the property, we will only request a percentage -- Commissioner Diaz de la Portilla: 50 percent. Chair King: Well, he then changed it to a percentage, and I like a percentage. I don't want to put a percentage on it. They can come back to us, but for the land value, not for any improvements that have been made to the property subsequent to now. So that's in the event that they intend to sell the property, the City will get a percentage of the value of the land from the sale. Vice Chair Carollo: If you want to flip it in that way that we're not putting the 50 percent, then all the liens have to stay until it will come back in the future. City of Miami Page 105 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: But then that leaves the problem that they can't improve the property if the liens are there because they can't get a permit. Ms. Mendez: Right. So it's a cloud on title. The best thing would be if there is a mitigated amount, and then we can record a lien, and if the property -- when it changes hands, then it could be paid to the City. That would be the cleanest way, because otherwise it's a cloud on their title and they can't get financing, they can't get Vice Chair Carollo: What does the County say the property is worth? Its land. Ms. Mendez: I believe it's about 130, 000, but give me 1 second. Vice Chair Carollo: Which means it's probably worth a quarter of a million in today's market, maybe. Because the County always goes way below. Ms. Mendez: 178, but he's already paid about $30, 000 to the City on unsafe structures liens. Vice Chair Carollo: Okay, so he's paid $30,000. Ms. Mendez: He's already paid that to the City once. Vice Chair Carollo: So it's 178. Let me round it up to 180. 50. 30. Look, property, if you're going to sell it later on, is going to go up in price even more. I didn't want to do it this way. 1 wanted to do it in a different way to be more helpful. But they're telling me we can't do it this way. I would put a number of $50, 000 on it. Ms. Mendez: So, then the liens would be mitigated to $50,000, and then we would record that amount on the property as due and owing. Chair King: But it would only be due if -- Ms. Mendez: Upon sale. Chair King: -- they sell the property. So that way you have a clean title, you can improve the property -- Vice Chair Carollo: Only when they sell it. The only reason that I'm even willing to do this is that you were not the original person that owned the property when the bulk of this was incurred. You took it over a couple of ,years after, I believe. So that's the big difference. Chair King: Yes, it is. And it's quite a hardship, and they can't do anything with the property, but this resolution will allow you to improve the property. Commissioner Diaz de la Portilla: But my question is it's a legal question, I guess. You're a lawyer, so I can ask you. If they have a lien on the property they have difficulty getting financed -- Chair King: No, she's going to record it. Commissioner Diaz de la Portilla: Record it. I understand. Chair King: Right, so, that it gives them the freedom. Commissioner Diaz de la Portilla: So, I move a recorded $50, 000 -- City of Miami Page 106 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Yes. Commissioner Diaz de la Portilla: -- lien on the property, and they only have to pay it -- they don't have to pay it now, they'll pay it if they sell the property. Chair King: Only if you sell the property. Commissioner Diaz de la Portilla: 50,000. I'll move that. Chair King: So, I have a motion in a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Leroy Lee: Thank you on behalf of Pastor Garrett and myself Leroy Lee, a born resident of Miami -Dade. I appreciate it very much. We do have an issue in the City of Miami. For the last 25 years, I've been working in Liberty City, and right now, our community is hurting very much so with the transition of new residents and old. But I appreciate what the Commissioner is doing, the work that you guys have done, and I'd like to state for the record, this gentleman's family is one of the first families to move on the other side of a twelve foot wall. When his family bought property, they had black families actually being bombed for moving in that area, which was predominantly white. So, this is helping us in terms of creating legacy, and it's helping us in terms of the integrity of our community, which is what we need very much. So, thank you very much. Chair King: Thank you. City of Miami Page 107 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.18 12325 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED MAY 18, 2022, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1496386, FROM RSM US LLP, A FOREIGN LIMITED LIABILITY PARTNERSHIP REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("RSM"), FOR THE PROVISION OF EXTERNAL AUDITING SERVICES, FOR THE CITY OF MIAMI ("CITY") FINANCE DEPARTMENT ("FINANCE"), FOR A PERIOD OF FIVE (5) YEARS; ALLOCATING FUNDING FROM THE VARIOUS SOURCES OF FUNDS FROM THE VARIOUS USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0299 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.18, please see Item Number RE.l. City of Miami Page 108 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 RE.19 RESOLUTION 12204 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI-DADE COUNTY'S WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE WATER AND SEWER SERVICES TO A NEW PUBLIC SWIMMING POOL THE CITY OF MIAMI INTENDS TO CONSTRUCT IN WEST END PARK LOCATED AT 6030 SOUTHWEST 2 STREET, MIAMI, AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B183505. ENACTMENT NUMBER: R-22-0300 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.19, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 109 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 12029 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 20,037 SQUARE FEET LOCATED AT 3275 MARGARET STREET, MIAMI, FLORIDA AS "THELMA GIBSON HERITAGE GARDEN"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-32, TITLED "NAMING OF THELMA GIBSON HERITAGE GARDEN"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14076 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Victoria Mendez (City Attorney): Madam Chair, the one that I wanted to ask you, could we listen to the two mitigations since I believe the reverend is here? The mitigation items. Chair King: No, we're going to hold off on that. I was asked -- Commissioner Carollo is on his way. Ms. Mendez: Oh, okay. Chair King: And he would like to be present for that. So right now, we are going to take up second readings. Could you please read into the record the second reading items? SR.3 was deferred. Ms. Mendez: 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: Madam Chair, you said SR.3 was reset, correct? And then SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those are all the SRs (Second Reading). City of Miami Page 110 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Wait, hold on a second. I'm going to pull SR.4 until all of our colleagues are here. So, may, I have a notion for SR.1 and 2? Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll second that. SR.1 and 2 only, right? Chair King: SR.1 and 2. SR.3 was deferred and we're palling SR.4. Commissioner Diaz de la Portilla: I'll move SR.1 and SR.2. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries for SR.1 and 2 unanimously. Now, let's take up our first readings. SR.2 ORDINANCE Second Reading 11722 Department of Parks and Recreation and Office of Capital Improvements AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF VESSELS/GENERALLY", BY AMENDING SECTION 50-1 TO ADD A DEFINITION FOR LAMAR LAKE AND CREATING SECTION 50-44, TITLED "LAMAR LAKE/JIMBO'S LAGOON IDLE SPEED/NO WAKE ZONE", TO ESTABLISH A VESSEL IDLE SPEED/NO WAKE ZONE ("ZONE") IN THE WATERS OF LAMAR LAKE, ALSO KNOWN AS JIMBO'S LAGOON; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS WITH AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES TO ESTABLISH THE PROPOSED ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 14077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 111 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 SR.3 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item SR.3 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day." City of Miami Page 112 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 SR.4 ORDINANCE Second Reading 11927 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/NEW PERMITS PROHIBITED, NON - HOMESTEAD PROPERTIES," BY PROVIDING FOR THE ISSUANCE OF PERMITS IN CERTAIN LIMITED INSTANCES TO TENANTS, UNITS OWNERS OR BUILDING OWNERS LOCATED ON PROPERTIES WHERE THERE ARE OUTSTANDING CITY CODE VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14078 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, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: For directive referencing Item SR.4, please see Item NA.7. Note for the Record: For additional minutes referencing Item Number SR.4, please see Item Number SR.I. Chair King: Gentlemen, would you like to take SR.4? We pulled SR.4. You want to take up SR.4? Vice Chair Carollo: Unless (INAUDIBLE). Commissioner Diaz de la Portilla: I prefer to leave it at the end. If we can. SR.4. Chair King: Okay. Victoria Mendez (City Attorney): SR.4, I think we came up with some language, finally. You don't want to hear it right now. Chair King: SR.4 is the last item we have before we go PZ (Planning and Zoning) or go hack to -- Commissioner Reyes: Let's hear it, and -- Commissioner Diaz de la Portilla: I haven't seen a new language. Is there a new language that's been added? Commissioner Reyes: Yeah, it was language that was added in order to take place -- I mean, to take care of people that are in -- I mean they are in violation. Okay? Could you please read that? Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Okay. So, what we were trying to resolve for is those violations that are the original, like, offending violation. So, what we did is we added language to say City of Miami Page 113 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 that no certificates of occupancy or temporary certificate of occupancy will he issued until the permit to cure the original outstanding code enforcement violation. Those are the words, original outstanding code enforcement violation has been finalized and closed, and all monies owed have been paid. So basically, what it does is that it gives time to pull the permits, to bring the properties into compliance, but no TCO's or CO's or partial certificates of occupancy will be granted until that original offending property that's in -- Commissioner Reyes: Yes. Ms. Mendez: -- the same properties. These are usually strip malls, buildings, et cetera, come into compliance. Commissioner Diaz de la Portilla: And fully paid. All fines are fully paid. Commissioner Reyes: Fully paid. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Fully paid. Commissioner Reyes: Okay. Chair King: Do 1 have a motion? Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: There's definitely a need -- there's definitely a need for this ordinance because with some of the changes we made before, we had people that were not guilty of anything that were going to suffer. So, there was a need for a cleanup. I'm in full agreement with that. However, I'd like to and make sure that we're in agreement with this. I will vote to approve this, but 1 need an additional resolution that will direct the City Manager to come up with a plan to identify habitual -- habitual violators in their individual properties as well as the necessary legislation needed to penalize them for purposely and consistently conducting work without permits that violate our building code. These individuals should not have the ability to obtain additional permits without first hearing the original violations, as this has become part of the business plan model of a handful of individuals in the City. Plan and legislation should be given to this Commission by the first meeting in September. Commissioner Reyes: Okay, let's make things perfectly clear. I don't want -- I mean, I don't know if this -- your amendment will neuter this ordinance, because what we're trying to do here is do we have unintended victims? Vice Chair Carollo: No, no -- Commissioner Reyes: Because if I -- if a person owns three buildings, I think he has, because of offense of whatever it is, a minor code violation, and he has that code -- being violated, I mean, has a code violation. Anybody that has a business in any of his, it will be a -- Vice Chair Carollo: This is not going to do anything to that. What this is entitled, Commissioner, is individuals that their business plan is purposely time and time again through different companies to -- Commissioner Reyes: That they are being identified. City of Miami Page 114 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: Yeah, that they have been identified. We don't have a system to be able to identify them now. And this is what this will propose. Commissioner Reyes: That's right, but I want to make sure that it states that have been identified as -- Vice Chair Carollo: That is the first thing it says. Direct the City Manager to come up with a plan to identify habitual violators in their individual properties. Okay. Chair King: Are we okay with that? Commissioner Reyes: I agree with having a separate resolution. Vice Chair Carollo: Yeah. Commissioner Reyes: That -- but you said it. Identified, because I know what you mean. There are people that they make a habit, and since before we had the minimum, we took all the actions, they used to come, and then they asked for some leniency, and they do it again and again and again. Vice Chair Carollo: It should be one department only in the city that would handle that. That would be the main department that everybody goes to for the information. Commissioner Reyes: Yes. Vice Chair Carollo: And we're probably going to have to hire an additional person to do this, but that's fine. We include it in the budget of whatever department you so see fit that he should go into, Mr. Manager. Commissioner Reyes: As a matter offact, I agree with it. Okay. Commissioner Diaz de la Portilla: I'll move SR.4 then. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair title. Chair King: We read the title already, Todd. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Sorry. My apologies. Commissioner Diaz de la Portilla: You need some coffee Todd or you're fine? Mr. Hannon: This is the last meeting before -- it's like the last day of school and getting ready for summer vacation. Commissioner Diaz de la Portilla: Just look forward to the summer vacation. That's what I'm doing. Chair King: All in favor? City of Miami Page 115 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Now we have -- Chair King: Motion carries. END OF SECOND READING ORDINANCES City of Miami Page 116 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 12313 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TITLED "FINANCE"; MORE SPECIFICALLY, ESTABLISHING A NEW ARTICLE IV, TITLED "GRANTS," MORE PARTICULARLY ESTABLISHING AN INITIATIVE TITLED, "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE" ("EAI") IN AN EFFORT TO SUPPORT THE RAPID INCREASE OF ACTIVITY IN THE CITY OF MIAMI'S ("CITY") TECHNOLOGY INDUSTRY BY OFFERING RESOURCES TO EASE THE ECONOMIC BURDEN OF CITY RESIDENTS; REQUIRING THAT ANY RECIPIENTS OF FUNDING FROM THE EAI EXECUTE AN AGREEMENT WITH THE CITY WHICH ADDRESS THE SCOPE OF SERVICES, PERFORMANCE MEASURES, INVOICING, CONFLICTS OF INTEREST, AND OTHER MATERIAL TERMS THAT MAY BE APPLICABLE TO THE USE OF FUNDS; APPROVING GUIDELINES FOR THE EAI; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000, IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00), TO A SPECIAL REVENUE PROJECT FUND TITLED "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE;" FURTHER AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE EAI ALLOCATIONS OF UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN ANY ONE (1) FISCAL YEAR PROVIDED TO ANY SINGLE ENTITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SAID PURPOSES STATED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Madam City Attorney, if you may read the first reading items into the record. Victoria Mendez (City Attorney): FR.1. City of Miami Page 117 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Madam Chair? Chair King: Yes. Commissioner Reyes: (INAUDIBLE) meetings. I've been noticing that lately we have been either moving the meetings or creating special meeting for whatever reason. I think that sometimes either you or any other of the commissioners will have to break even the plans that you have in order for one of those meetings. I believe that if there is a meeting that's scheduled on the second or the fourth Thursday and any gilts is not able to attend, that we shall inform or the items that we want them to be rollover, you see, the items that we want them to be rollover into the next one. But the meeting should be conducted according to schedule because that way we don't have agendas that they are, 1 mean, a mile long agendas. Okay. Chair King: 1 agree. I'm not sure why the meeting was canceled the last time because 1 was here. We would have had a quorum. Commissioner Reyes: No, I'm not being specific. Chair King: No, no, I understand. Commissioner Reyes: It had happened before you came in, it happened also. Chair King: Right. But I believe that this item will give the public notice that we're rolling over automatically so that -- like, for instance, in the last instance we couldn't hear any of the PZ (Planning and Zoning) items because there was not sufficient notice. This legislation will give notice. Commissioner Reyes: That's right. But what I'm going to do -- what I'm saying is let's try it. If there is quorum to conduct the meeting and the commissioners that are absent, they -- courtesy to them, the only thing that is going to be rollover is the items that they have interest or that (UNINTELLIGIBLE) or their items. Chair King: Okay. Commissioner Reyes: Okay. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: So moved. So moved. Chair King: To pass FR.1, 2 and 3. Do I have a second? Vice Chair Carollo: (INAUDIBLE) I believe the request is for the Venture Capital to be able to spend up to $100,000 without coming to the commission. Is that part of it, in FR.1? City, of Miami Page 118 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Gavin: My name is Erick Gavin, executive director for Venture Miami. Yes, that is correct, Commissioner. Vice Chair Carollo: Well, Mr. Manager, how much do you get to spend before you have to come to the commission? Arthur Noriega (City Manager): You mean limit before -- Vice Chair Carollo: Yes, limit. What's your limit? Mr. Noriega: $50,000. Vice Chair Carollo: Excuse me? Mr. Noriega: 50. Commissioner Diaz de la Portilla: 50. Vice Chair Carollo: $50,000. What is the limit that we all have when we bring up items? 25. Why is Venture Capital going to get $100, 000 without bringing it to the Commission. Mr. Gavin: So, the framework that we're going after is similar to API (Anti -Poverty Initiative), but we are looking for the administrative scope of what fire and police have of $100, 000, up to $100,000 in grant. Vice Chair Carollo: Yeah, but you shouldn't have any problems with bringing it to the Commission. If it's good, it's going to be taken care of immediately. And this makes it a lot more transparent in what we're doing. $100, 000 is a lot of money. It's more than twice as much as the Manager, four times as much as the Commission. So I will be willing to vote for, with the amendment that anything over $50,000, I'm going to give you what the manager has, is brought before the Commission. Chair King: Do you accept that as a friendly amendment? Mr. Gavin: I do accept that as a friendly amendment. Chair King: Okay. As amend -- Todd. Todd B. Hannon (City Clerk): Just want to make sure the mover and secondary accepted the amendment. Commissioner Diaz de la Portilla: Yes, I accept the amendment. Chair King: Yes. Commissioner Reyes: I accept it, but I want to make -- Commissioner Diaz de la Portilla: But Madam Chair, he doesn't really have to accept it. We do. Commissioner Reyes: Okay. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair King: He could have pulled his item and said no. City of Miami Page 119 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: Only because he accepted -- Commissioner Diaz de la Portilla: I'm playing. Commissioner Reyes: -- but I think that $50,000 nowadays is nothing. I mean, as a matter offact, I believe that we should increase the amount that the City Manager will be able to expend without coming to the Commission, because that ties his hand and there is time wasted. Mr. Noriega: Before -- sorry, Commissioner, finish your train of thought. 1 just don't want to forget to come back to something go ahead, sorry. Alright, well, so the purpose of this is to actually allocate a million -one, right, to be able to issue proceeds, grants that will not exceed $100,000 each. So the actual request is for an appropriation of a million -one. Commissioner Reyes: That's right. Mr. Noriega: That's how it's really, worded, not to give him authorization to just allocate -- yeah. No, but the actual ask is for the appropriation of the million -one towards the special revenue fund -- Commissioner Diaz de la Portilla: So he can spend -- Mr. Noriega: -- up to $100,000 within that million -one. Commissioner Diaz de la Portilla: -- up to $100,000 without the 1.1, and that's the debate that we're having. Mr. Noriega: Yeah, yeah -- Commissioner Diaz de la Portilla: Sorry, Madam Chair. Mr. Noriega: -- I just want to make sure that we're clear that the actual request is -- it does not exceed a million -one in terms of the overall -- Commissioner Diaz de la Portilla: Correct. But it's the authorization that I think Commissioner Carollo was concerned about. And I agree. If I may, Madam Chair. And I agree with Commissioner Carollo that if we're only allowed to do 25,000 and the manager is allowed to do 50, why should it an outside -- any outside organization? Yours has a lot of merit, and I commend you for what you do, by the way, and what you're trying to do -- Mr. Gavin: Thank you, Commissioner. Commissioner Diaz de la Portilla: -- and it's good work. Good work for our city and for the particular areas of our city. But I agree with Commissioner Carollo that it's better that you're limited to $50,000. That's what the Manager does. And everything else, if it's, you know, it's more transparent, it's more open. The public can see where the money, is being spent, and I think you can come back to us, and I think you'll be in a pretty good place with us here because you're doing good work, so I wouldn't worry too much about it. Do we have your approval now? Mr. Gavin: Yes. Commissioner Diaz de la Portilla: Okay, good. I do want to welcome -- City of Miami Page 120 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Gavin: You don't need my approval, but 1 appreciate it as much. We want to be as transparent as possible. Commissioner Diaz de la Portilla: You 're very professional. I was watching you when you were doing your presentation. Mr. Gavin: Thankyou so much. Commissioner Diaz de la Portilla: And I had a little family matter, but I was watching you from TV, and you did a really, really, really good job. So, congratulations. I commend you for the work you're doing for a lot of in this community. Mr. Gavin: Thankyou so much, Commissioner. Commissioner Diaz de la Portilla: And I also want to welcome -- if I may, Madam Chair, I'm looking at a very special guest in front of me right here. Everybody knows this man, this gentleman, this leader of the labor movement for decades, Bill Riley, my good friend, and our friend. Welcome to City Hall. Bill Riley: Well, I have to tell you, I really do appreciate what you all did for me over at the local union. Naming my name after that street was really an honor and I really do appreciate everything you've done for it. Anything we can do to help you and help the labor market, we're there. We want to be with you and the team. Commissioner Diaz de la Portilla: Thank you, Bill. But I think your son claims that it was named after him, but 1 don't know about that. But yes, we all know what you've done, and you've always done -- Mr. Riley: You know what he asked me to do? Commissioner Diaz de la Portilla: What? Mr. Riley: We ought to get one of those arms, and then we could have pavement going through on the road. Commissioner Diaz de la Portilla: Well, welcome to City Hall again. Chair King:: So, I have a motion and a second with the amendment. All in favor? The Commission (Collectively): Aye. Ms. Mendez: Madam Chair, for -- did this also pass FR.3? Commissioner Diaz de la Portilla: Yes. Ms. Mendez: Because I believe that -- Chair King: No -- yes. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: Okay, because FR.3 I believe Commissioner Reyes had an amendment for FR.3. Commissioner Reyes: On FR.3? Chair King: He didn't mention it. City of Miami Page 121 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: No, 1 didn't mention that and (UNINTELLIGIBLE) that's what 1 spoke with -- I spoke about it. It was an amendment. Ms. Mendez: No, that was FR. 1for FR -- Commissioner Diaz de la Portilla: That's FR.2. Commissioner Reyes: That's FR.2. For FR.3 is -- Ms. Mendez: Right for FR.2. For FR.3 -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- this one you were interested in an amendment -- Commissioner Reyes: That's right. Please read it. Ms. Mendez: -- that had to do with if you're placing pocket items on special meetings. Commissioner Reyes: Yes. Ms. Mendez: You wanted language that said unless the City Commission -- well, it's in there. Unless the City Commission, by a majority vote, deems such resolution or ordinance to be an emergency nature, that's already in there, that's the addition -- Commissioner Reyes: That's right. The budget part. Ms. Mendez: -- and such resolution or ordinance has been reviewed by the Department of Office Management and Budget for any fiscal impact. So, it's adding for budget -- Commissioner Reyes: If there is fiscal impact, it should be reviewed by management. Chair King: Isn't that already in there? Ms. Mendez: No. Okay, so -- Chair King: The pocket items. Ms. Mendez: No. Commissioner Reyes: No. Ms. Mendez: Okay, so this legislation is for adding pocket items to special meetings. Chair King: Okay. Ms. Mendez: So, he just wants to make sure that when we add a pocket item to a special meeting, that office of Management and Budget is able to review it prior to that. Chair King: Okay. All in favor? Commissioner Diaz de la Portilla: Hold on. Ms. Mendez: But that's if you accept the amendment. I just wanted to -- City of Miami Page 122 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: If you accepted that. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) for special meetings. Commissioner Reyes: It's only for special meetings. Commissioner Diaz de la Portilla: Yes. Okay. Is there a time frame the special meeting? I'm asking a question. It's your issue, right? Is there a time frame for that review, or can it be stuck in limbo in perpetuity? Commissioner Reyes: No, it cannot be stuck in limbo in perpetuity. You have a pocket item, and you go to the Department of Budget and you tell them, Listen, I want this -- review this. Commissioner Diaz de la Portilla: And you'll review it. If it's a truly emergency item - Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- which will be a pocket item. You need an immediate review. Mr. Noriega: Yeah. Obviously, the review has to occur before the meeting occurs so we can report back on it. Commissioner Diaz de la Portilla: Right. Okay. Commissioner Reyes: Yeah. Same date you can give it to them, and then that's it. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: And then sorry, Chair, just for the record, FR.2 amended and FR.1. Commissioner Diaz de la Portilla: As amended. Ms. Mendez: I'm sorry, was that FR -- it was FR.3 no? Chair King: Yes, it was FR.3 Mr. Hannon: Sorry, yes. FR.3. My apologies. Ms. Mendez: FR.3 and FR.1. FR.2 was just the directive by Commissioner Reyes to take off items and continue with the meeting. That's what he had advised. Thank you. Mr. Noriega: I think Vicky and Todd need a moment. You guys need a moment to figure it out. City of Miami Page 123 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 FR.2 ORDINANCE First Reading 12267 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" BY CREATING NEW SUBSECTION (0) TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF CITY COMMISSION MEETINGS WHEN A QUORUM IS NOT AVAILABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 FR.2, please see Item Number FR.1. FR.3 ORDINANCE First Reading 12268 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-33(L) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" TO PROVIDE FOR CONSIDERATION OF EMERGENCY MATTERS AT SPECIAL MEETINGS OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: 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 FR.3, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 124 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 BU.1 11482 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair King: I believe my colleagues, do you need a budget presentation, or are we satisfied with our review of the budget for BU.1? Commissioner Diaz de la Portilla: I am. Chair King: May I have a motion? Commissioner Diaz de la Portilla: I move it. Chair King: Second. All in favor? Todd B. Hannon (City Clerk): I'm sorry. This is for BU.1? Chair King: BU.1. Mr. Hannon: It's just a discussion item. Chair King: It's just a discussion item. Commissioner Diaz de la Portilla: No, it's a BU item, but it's a budget item. Chair King: Right. Commissioner Diaz de la Portilla: Yeah. Chair King: Okay. END OF BUDGET City of Miami Page 125 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 12104 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION CONCERNING UNSOLICITED PROPOSAL FOR GSA SITE. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL1, please see Item NA.4. Note for the Record: For minutes referencing Item Number DL1, please see "Public Comments for allItem(s)." Chair King: Now, would we like to go back and take up the RE items that remain? RE.4 and 5, 16 and 17 -- yes? Can we take 16 and 17? Commissioner Diaz de la Portilla: Can I ask -- Chair King: Before 4 and 5. Commissioner Diaz de la Portilla: Can I ask for the GSA (General Services Administration) proposal to be done to get that out of the way, Commissioners? Commissioner Reyes: The what? Commissioner Diaz de la Portilla: The GSA proposal, Discussion Item 1. Can 1 ask for that to -- be the presentations? Because they're there, they're waiting and maybe get it done. It'll be quick. Vice Chair Carollo: Can we do that? And we could do the homeless presentation. Commissioner Diaz de la Portilla: Yes, sir. That's what I would like. Chair King: Before we do RE.16 and 17? Vice Chair Carollo: Yeah, we'll do that then the third. Chair King: Pardon? Vice Chair Carollo: If we could do the one that he's asking, the GSA presentation, do the homeless one, and then go to RE.16 and 17. Chair King: Okay. Commissioner Diaz de la Portilla: I would like that, too. Chair King: DI.1 Is there someone here for -- there's a proposal. Commissioner Diaz de la Portilla: We need our tech guy here, I think. Where is he? Chair King: Are you ready? City of Miami Page 126 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Nir Shoshani: I'm ready. Chair King: Go right ahead. Mr. Shoshani: Are you ready? Chair King: Introduce yourself. Nir Shoshani: Commissioners. Good afternoon, Nir Shoshani, 1600 Northeast 1st Avenue and on -- thank you, and on May 23rd of this year, we submitted an unsolicited proposal to the City of Miami for the GSA site in Allapattah. Our proposal is to build 2,500 residential units, 500 of those workforce, 100,000 square feet of proposed retail, 300 key hotel and 200,000 square feet of office. Vice Chair Carollo: Let me ask. Mr. Shoshani: Yes, sir. Vice Chair Carollo: You said how many units? Mr. Shoshani: I'm sorry? Vice Chair Carollo: How many apartment units? Mr. Shoshani: 2,500 in total, sir. Vice Chair Carollo: Plus a hotel component. Mr. Shoshani: Yes, sir. Vice Chair Carollo: This is starting to look a lot like the Hyatt. I got messed up for a minute. Mr. Shoshani: No, sir. Vice Chair Carollo: The only part that's different is that I heard you offer a lot of more workforce than they're offering them. Mr. Shoshani: I believe that the main difference, perhaps with other projects, is that along with the District Commissioner, we've put together a vision for the area that would transform Allapattah in a substantial way. Chair King: You want to -- go through your proposal -- Mr. Shoshani: I'll continue. Chair King: -- and then we'll address -- we'll have you -- Mr. Shoshani: Yes, ma'am. The presentation is five minutes, Madam Chairman. It's very short. Chair King: Okay. Let's go through the proposal Mr. Shoshani: I'll be short and concise. I know you have a lot of things to do today. This is the concept. We have three portions for the civic. We are proposing a library Pr continued education, adult education. We are proposing to shift the current location of the fire station onto 20th and to be centric to the site. And we are City of Miami Page 127 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 proposing a market that will he the center for community life in this new neighborhood. What you see in blue are the high rises and we have a large five acre green component for green space that we'll get into in a second. We're proposing to put together this in four phases. The first phase will have around 350 units. The second phase will be the hotel and office building. Phase number three will complement the workforce, and phase number four will complement the neighborhood. We've put together a 50-page unsolicited proposal which details all of the aspects of the project. The main public benefits that we see is the community transformation in Allapattah, the 500 units for the workforce housing, the job creation portion, enhancing the Santa Clara Metrorail Station, the five acres in public space and the economic benefits for the city. We're proposing a 99 year lease and we're proposing a true partnership with the City of Mianii that will gross 6% of each dollar -- of income that this neighborhood will have. We expect that on a 99 year lease basis this will generate a minimum of $1.5 billion for the city in revenue and $3.2 billion in tax base. So quite next to $5 billion. Any questions regarding the economic proposal? Regarding the green space, the whole concept behind the neighborhood that we intend to call The Paseo is based on the green space. We have five acres which will be complemented with retail throughout and will go within or through the residential buildings. This is the first phase of the project. An illustration of the library entry porch, a view from Santa Clara station, community gardens, the fire station, and the open spaces. We're working with DPZ, which is one of the nation's top urban planners. And this, for us, is the fifth public private partnership that we've put together. We've worked three years ago with Commissioner Diaz de la Portilla on Uni Tower, which is still the City's only fully restricted 252-unit workforce housing. We're working on 14th Street, where we've put together a 30 percent affordable component. We're building the new City Hall for the City of Oakland Park, along with 140 workforce housing units. We've stepped into a public -private partnership with the City of Whitehall, Ohio, on a very large development, and the same in Greenville, South Carolina. I have here the architect with me from DPZ, the partner. If there's any technical questions regarding the site and if there's any other questions, I'd be happy to answer. Not very good at presentations, but I hope it suffices. Commissioner Diaz de la Portilla: You did a good job. Commissioner Reyes: You have done a great job. Mr. Shoshani: Thank you, sir. Commissioner Reyes: Clear. Chair King: Do we have any questions? Commissioner Russell: I have a question. Mr. Shoshani, the green space, if you could go back to that slide, please. I think you just passed it. How much of it is at ground level and how much of it is on the rooftop? And on the rooftop ones, is it publicly accessible to everyone from the ground level, or is it for those -- amenities for those spaces? Mr. Shoshani: We have around 15 percent on rooftops and they're all accessible to the public. Commissioner Russell: So about two and a half acres at ground level. About two and a half acres above. Mr. Shoshani: 15, one five. 15 percent, one five, of rooftop, and the rest is on ground level. City of Miami Page 128 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: 85 percent at ground level. Mr. Shoshani: Yes sir. The idea for the site is multilevel. It has a running/walking track of about half a mile throughout. Commissioner Diaz de la Portilla: And the dog park you forgot to mention. Mr. Shoshani: I'm sorry? Commissioner Diaz de la Portilla: The dog park. Mr. Shoshani: And the dog park. Yes, we couldn't do without the dog park. Commissioner Diaz de la Portilla: I know Commissioner Russell is a dog lover. Mr. Shoshani: Yes, Commissioner. We have a dog park. We have a children's park, and we have a -- an urban farm. Commissioner Reyes: Can I ask a question? If this is an unsolicited proposal, this will trigger -- Madam City Attorney, does it trigger an RFP (Request for Proposal) process? Victoria Mendez (City Attorney): Yes, if you accept it. Commissioner Reyes: Okay, Mr. City Manager -- City Manager. Yes. What plans do we have for this facility? We're -- definitely we're going to relocate this, right? Arthur Noriega (City Manager): Well, yeah -- Commissioner Reyes: I think it's a fine -- I mean, it's a thing to do we could -- have to utilize it. But do you -- we have a plan and -- Mr. Noriega: So, if this proposal is accepted, then part of what we'll have to work into any future planning of it, and probably through the actual negotiation of the lease, is some sort of relocation of both -- Commissioner Reyes: Okay. Mr. Noriega: GSA facility as well as Solid Waste. Commissioner Reyes: Okay, but definitely we're going to relocate -- I mean -- but my question is, is this -- if we accept that -- we vote in favor of this, does this -- triggers an RFP anyways. Mr. Noriega: Yes, sir. Commissioner Reyes: That's it. Because I like it, let me tell you, but in order of being consistent, I always -- any land that is going to be developed in the City of Miami, that's property, I always request -- it has been my position that we go to an RFP process. Mr. Shoshani: Of course, Commissioner that's -- Commissioner Reyes: You are willing to go into an REP? Mr. Shoshani: The only intention of today is to start a process. We've been working with the City of Miami on public private partnerships for years. I met with City of Miami Page 129 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell four years ago regarding the land of the school board in the Omni area. We afterwards shifted that to 19th Street. This is sort of our fourth intent to put together a transformational neighborhood. And we believe that with Commissioner Diaz de la Portilla's vision, we stand a chance. Commissioner Reyes: Can we just direct the City Manager to start the RFP process? Commissioner Diaz de la Portilla: Well, through the Chair who's not here, but -- Commissioner Reyes: I mean -- Commissioner Diaz de la Portilla: Through the Vice Chair who's now the Chair. Commissioner Reyes: Through the Vice Chair. Commissioner Diaz de la Portilla: Mr. Chair, do you recognize me? Commissioner Reyes: Think about it. Commissioner Diaz de la Portilla: That's the intent. The intent is sort of have a very brief conversation. I'm going to make a motion after we -- the questions are asked. I know Commissioner Russell has a keen interest in this too. I know every commissioner has an interest (UNINTELLIGIBLE) a transformative project, in my opinion, for Allapattah for the area that I now represent. So, to me it's important to get it moving and to trigger the RFP (Request for Proposal) process. DI.2 DISCUSSION ITEM 12168 Department of Human Services A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING HOMELESS TRANSITION ZONE LOCATION. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL2, please see Items NA.6 and NA.8. Note for the Record: For minutes referencing Item Number DL2, please see "Public Comments for all Item(s)." Chair King: Okay, we still have quite an agenda, and I would like to move this agenda. We're going to start now with D12. Do you want to lead the discussion, Commissioner? You have a presentation? William Porro (Director, Department of Human Services): Very brief. Chair King: Okay. Vice Chair Carollo: Well, you know I was just remembering, let's get everybody here. You know, our director of parks has a birth in July, but when she heard me say about the raise bit -- Chair King: She ran away. Vice Chair Carollo: She didn't want to be acknowledged. Who are we losing? City of Miami Page 130 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: You can go ahead with your presentation. Mr. Porro: Good day, Commissioners, Madam City Attorney. Good afternoon, wanted to bring before you a discussion item regarding some potential types of location options related to Directive R210373, which states, directing the City Manager to designate an area or areas in the City of Miami providing for the permitted temporary encampments or other shelter options for homeless individuals. I want to say that regardless of the locations that we speak about today or discuss, there are some important considerations to implementing and going through this endeavor. One is our desire is to improve the lives of the homeless and the outcomes associated with them. So that's very, very important. And we're talking about our most chronic unsheltered homeless that you see on the streets. This is the resolution that was back in September 21. Again, just to have a baseline of what we're talking about. We're talking about a location that's temporary for our chronic homeless. They could be housed there, receive services there. It's a safe space for them. I don't think that many think about that, but these are individuals that are preyed upon by other individuals for drugs and other things, and prostitution, trafficking, you name it. So, this is both a secure location, but also a safe space for them. We want to be able to provide services for them in a more coordinated fashion, a more efficient fashion to be able to provide case management at these sites. Food, restrooms, showers, and the like. Outreach services, health screenings would also be provided. And we hope, as we pilot this program, regardless of the location, that we can hopefully attract some nonprofit and philanthropic support and assistance to it. Some other aspects that need to be considered in terms of implementing this type of location. It'll have proper security, lighting, wastewater, drainage. There will be formal operating procedures to operate this site. We will need a monitoring agency or entity, which I've already started working on a draft with procurement staff to have an RFI (Requests for Information) type in place and see who might be interested in helping us manage this type of site. There is voluntary admission to this program, so they're not mandatory to stay there. But if they do decide to reside there, there will be a code of conduct which they all need to follow. Something similar to the way that Camillus House or Lotus House operates. It's a low barrier type of location. There is enforcement of zero tolerance in terms of alcohol, guns, violence, drinking, you name it. There will also be considerations in terms of liability and maintaining the safety of the unsheltered homeless as it relates to the site. Sustainability, if we decide that we want to continue this, we want to be able to sustain it longer term and that will involve not just the city but others to come alongside us. And lastly, all of this effort is that we need to improve the outcome and the effectiveness of getting more individuals off the street. So, let's go into some of the locations that I've been able to at least look at and maybe we can consider. One is the Virginia Key parcel, which we consider an optimal location for the facts that are there. It's approximately 2.4 miles away from any residential areas. It is a large -- 2.4 miles, sir. Vice Chair Carollo: 2.4? Mr. Porro: Miles away from the -- Vice Chair Carollo: You still have a few people that think they're too close to them. Mr. Porro: Understood. Vice Chair Carollo: My God. Mr. Porro: Area is approximately 125,000 square feet. So, it's approximately 2.9 acres. So, if we're going to do this in any large capacity, something like this will house approximately 150 to 200. It's a very safe estimate. Preliminary research that I've been able to amass and again that I've been able to see, there's no plans for City of Miami Page 131 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 development at this point in time. Obviously whatever site we pick, there's going to have to be a survey involved in terms of drainage and water and connections and all that stuff if we're going to do that long term. The transit zone of this particular site is a CS, civic space, and fortunately the ground is already graded so the ease of installation of anything would be much easier at this point. You will notice in the presentation it is -- the red is not the entire lot that's there. There's a lot of space available. So, we're looking at less than three quarters of that particular space, which is approximately the 125,000 square feet. Please stop me along the way if there's something that just interests you, that you want to know about the particular property. This is one that's in Chairwoman's District Northwest 71 st street and 5th Place. It is a really good location because it's already fenced in. I believe years ago this used to be a -- I won't call it a hotspot, but there were homeless individuals making Shanty Town here if you will. It is approximately 49,000 square feet, or 1.1 acres in size. It is already leased to the city. I was actually in the process of finding out that it was leased to the city under fire rescue and it was actually in the process of potentially being canceled and I said hold off what is the process in terms of this particular use? And they told me, FDOT (Federal Department of Transportation) told me it's under their purview. I sent a proposal concept paper. They preliminary accepted the concept from FDOT's standpoint here locally that is. It is closer to residential areas. This one is 700 square feet -- I'm sorry, 700 square feet -- a tenth of a mile away, from residential area. I think it's ALF (Assisted Living Facility) if I measured it properly. No transit zone because it's under FDOT jurisdiction. And the ground again, the beauty of it, there is potentially drainage and it's quite level as well. And there's a really good fence around it. Excuse me. Location three, that this is the type that potentially we could find that size. This is privately owned, 2451 Northwest 7th Avenue, this is in Allapattah. It is quite large as well. You probably see it every time you drive by 1-95 southbound if you haven't seen that. Oh, by the way, the Northwest 71st Street is under the southbound lanes of 1-95 if that's of any interest. This one is 173,000 square feet, about 3.9 acres in size. The beauty is from a selfish standpoint in terms of homelessness, it is literally Caddy Corner across the street from Judge Leifman's new location that is going to be established soon, God willing. So that would be an ideal because it's a mental health type of facility and I've seen it, it is going to be absolutely amazing. This one also is approximately 1000 square feet, or a little over a tenth of a mile away from the next residential area. The transit zone is T- 680 urban core zone. Again, it's privately owned. It is already fenced as well, and it is quite level in terms of that. So that is the three types that I've been able to see, Commissioners, I'm open to discussion. So we wanted to bring you back some options, some type of options, if you will. Thank you. Commissioner Russell: Madam Chair. Just a couple of questions from Mr. Porro. Chair King: Commissioner Russell. Commissioner Russell: Thank you. You mentioned fencing being convenient a few times. Is the intent for there to be fencing that is closed that the homeless would not be allowed to exit at will? Or is this open for them to come in and go as they please? Mr. Porro: The ones -- and let me preface it by saving the concept that we're looking at in terms of these tiny villages, I don't call them tent cities at all. It won't look anything remotely like that. The fencing is there to protect themselves. But yes, they can go in and out, they're not -- it's not a jail. Commissioner Russell: There's no closed gate at night. Once they're brought there -- Mr. Porro: No, but there is security and there will be lighting and there will be a code of conduct. City of Miami Page 132 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell: What is the initial cost of creating this and what is the annual cost of maintaining it, managing it, and offering services, to the taxpayers? Mr. Porro: I can give you very, very rough estimates. For example, to have somebody come and manage it for us, you're looking at between 700,000 to 800,000 annually. In terms of preparing the property, I can't tell you that. I know that I can get mobile showers there, Commissioner, and the like. You're looking at maybe 100,000 a year if I was to rent those type of things. Again, very rough estimates because of the -- without knowing the location, I can't tell you size. I can't see physically how many people comfortably -- we don't want to pack people into this. That's not the purpose. We want to create community within that community in groups of 30 to 40 pods or whatever we want to call it but that that's how they're usually done. Commissioner Russell: And you may have said this, I'm sorry, but what is the total number of residents you hope to have there? Mr. Porro: Between 150 and 200 of the most chronic homeless that is seen on the streets today. That's who we're looking for. Voluntary. They don't have to go there, but they also can't continue to camp on the sidewalk as well. I mean, Commissioner, I know I'm probably alone on these type of things, but I'm okay with that. The way that they're living currently is just -- is deplorable. And they do it day in and day out. I don't know how they do it. We're looking at a much humane way of doing this and providing services in a more effective way. And cost saving, hopefully, to us, eventually. It's not just to put them somewhere and out of sight. It's to create a community amongst them. Commissioner Russell: How many people would we need to hire to manage this? Mr. Porro: We wouldn't hire any. It has to be a managing entity to do it right. Commissioner Russell: So you contract it out to a company -- Mr. Porro: That has the experience, yes. Commissioner Russell: I guess maybe the better way to ask then, because we are still paying for it at the end of the day, someone else will hire them. How many people do you expect would be needed to manage a site like this? From security to utilities to services to -- Mr. Porro: I visited a site in Orlando, slightly different, and there was probably less than 20 there every day managing the showers. They're cleaned after every use. I mean there's -- it's an operation. They do mail services. I physically went there to see one of them in Orlando. Commissioner Russell: Thank you. And I'll just finish, Madam Chair, by saying my piece. I think the conversation seems to be around which of these sites is the best. But I think the bigger question is whether or not we should be doing this at all. Whether it's within the city's wheelhouse, whether we're equipped to do this, whether this is our specialty, or whether there are partners out there that we can fund to help move the pipeline of homelessness off the streets into shelter. Out of shelter and into housing. And so I have to be honest I understand the spirit of where this comes from is good, but I'm against this concept. I don't believe that the city should be partaking in the creation of this village. And especially not on -- it's not in compliance with the Virginia Key Master Plan. We've got a lot of hopes for that area with regard to the recreational and conservation activities that are planned for that area. I don't think it's appropriate there. But bigger than that, it's not that I think it should be in one City of Miami Page 133 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 location more than the other. 1 simply don't think we should be doing it. That's my piece. Mr. Porro: Fair enough. Chair King: Okay. And if I may say again, I want to say for everyone, homelessness is not in anyone's master plan. It's just not. And it's offensive to say that it's not in someone's master plan. Being homeless is not in anyone's master plan. Commissioner, I believe you have some comments. Commissioner Diaz de la Portilla: Just a few questions in your process. I got an email and this PowerPoint, not this one, but another one that outlines the three sites that you selected. I got it on Tuesday night, a couple of days before this meeting. Tell me what process you went through in picking these sites. What was the thinking behind that, and what input did you have to make those -- to pick those three sites? Mr. Porro: That's a fair question, Commissioner. Honestly, to find something that was large enough, at a decent cost or at no cost, is almost impossible. It's taken me this long just to find and look at other areas that can be repurposed which are not in this presentation, for example, the presentation you're referring to has two parking lots associated with it, right. It has one under community development, which is too small. I checked the rolls of property owned by Miami -Dade County just to see. If I'm going to do this, we got to do it right. There has to be space. Can I get it for free or `free"? So that was pretty much the process and see what 1-- what rock I can turn over and these things -- Commissioner Diaz de la Portilla: In that process. Well, one of the sites is a private site. Mr. Porro: That is correct. Commissioner Diaz de la Portilla: And a private property. Did you have a conversation with the owner of that private property? Mr. Porro: I did not, but I had conversations with staff. Commissioner Diaz de la Portilla: Staff where? Mr. Porro: Staff at that particular company you're referring to. Commissioner Diaz de la Portilla: My understanding is that no conversations took place with the actual owner. So you picked a private property -- Mr. Porro: Okay. Commissioner Diaz de la Portilla: -- that you decided it was a good idea. Did you have any conversation -- I think one of the properties under the Fire and Rescue? Mr. Porro: The one on Northwest 71st-- Commissioner Diaz de la Portilla: On 71 st and 5th? Mr. Porro: Yes. That's directly with (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Did you have conversations with the Fire Chief or anybody who handles that? City of Miami Page 134 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Porro: No, but 1 checked with DREAM (Department of Real Estate and Asset Management). It wasn't being used, that particular site, and the reason it was being canceled was that it wasn't being used, the FDOT wanted it back in the same condition that it was given to the city, which is removing the fence. That's how I came about that particular. Commissioner Diaz de la Portilla: And are you aware that in that property, in particular, this peripheral development that's taking place to the east of that property, future development sites for an arts and entertainment district is being discussed? Are you aware of that? Mr. Porro: 1 am not aware of that particular conversation. Commissioner Diaz de la Portilla: Were you aware of any of these properties, these two properties that you looked out of any peripheral development around it that could revitalize impoverished areas? Mr. Porro: What I saw within my particular purview and looking and researching and talking to individuals that 1 talked to everybody I possibly could possibly not -- Commissioner Diaz de la Portilla: No, did you look at the folios? Did you look at the folios, like, the property to the north, the property to the east -- Mr. Porro: No, 1 literally went there, Commissioner, and visually saw what was happening there. I had conversations internally with some of my colleagues. I didn't see anything there that was going to preclude us from doing something like this. If it's the will of the Commission again, it's just a type of -- Commissioner Diaz de la Portilla: When you looked at Virginia Key, did you talk to the Virginia Key Advisory Board or anybody in Key Biscayne? Anybody? Mr. Porro: No, I did not. Commissioner Diaz de la Portilla: Did you talk to the Commissioner -- William Porro: I internally -- Commissioner Diaz de la Portilla: Did you talk to the Commissioner from the district, Commissioner Russell about that particular site? Mr. Porro: Staff yes, but not directly Commissioner Diaz de la Portilla: You spoke to staff? William Porro: Yes, sir. Commissioner Diaz de la Portilla: So, in your opinion, just from the site selection alone, let's not talk about all the other details. And of course we have a homeless problem. Of course we need to address it. The site selection alone, would you say that you did thorough research and analysis on what's happening in those particular areas? For example, there are areas in District 5, areas in my district, the one I represent, District 1, that are areas that are being redeveloped, where people are investing and where people want to bring jobs and prosperity. And you're picking sites without being aware, at least being -- having conversations with what's happening in that particular area. And you're corning to the Commission to present three sites that has the community and the representatives of that community in an uproar because it wasn't vetted, it wasn't thoroughly analyzed, it wasn't well thought City of Miami Page 135 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 out, it wasn't deliberative. It was done, in my opinion, either on a whim, your own opinion of what should happen, but there are community actors and people that are impacted and people that can influence or not influence, right? But people that don't have influence that need to be able to have a say in what happens in their neighborhoods. And you went through that whole process, and you come before this Commission today to present sites and specific locations instead of a general concept of what you want to do, and then have this Commission and the different representatives of these districts in the city of Miami give you input. And after you do all that, then you come to us and you say, hey, what about this? What about that? But you didn't do any of that. And why? On an issue of this magnitude, an issue is so important? 1 agree with Commissioner Carollo, and with every Commissioner here. We have a serious issue with homelessness in Miami and a lot of other cities and the county send them here because (UNINTELLIGIBLE) before and because we provide services and we do a lot of good things because they need care. We get that. And it's not that we're not compassionate, but it has to be a deliberate process. It can't be on a whim. It can't be without thinking about the ramification of what the community pushback is going to be as we move forward. And if it's a right decision, it's well done, people will accept if there's a proper process in place, but there wasn't in this case, and that's my concern. And if you come back to us in September or some other time and you say, hey, I've done my due diligence, I've done my research, I picked the places, you talk to every commissioner here. Is this a good place to do it or not? There may be a place in my district for it. There may be, but none of the places you've identified, none of the places that people are investing in now. For example, Virginia Key, not only is -- are people looking to invest there, we have Magic Mike corning to that area, we have the Mianii Marine Stadium being developed in that area. Maybe the boat show will come down in the future. Other developments are being talked about, there's a master plan in place. The area you 're talking about east of Wynwood -- I'm sorry, west of Wynwood, which is our boundary, that's also being developed, on 7th Avenue. These are areas that people are looking to invest in and if you throw what's literally a bucket of cold water on the idea of coining here and doing something there, then you're destroying the potential for jobs and for revitalization of poor communities, which is also a problem in our city. Not only homelessness -- homeless is not the only issue that we have in our community. We need job creation. We have poverty. We have poor neighbors that need to be revitalized. And to me, this presentation or your proposal that came, also last minute, which is a little bit insulting to me because, you know, how can you send something on Tuesday night and expect us to have a debate about it on a Thursday? You didn't think? Have you ever met with me before? Mr. Porro: I have not, no. Commissioner Diaz de la Portilla: Never. Mr. Porro: Met with your staff, yes? Commissioner Diaz de la Portilla: Which of my staff members have you met with? Mr. Porro: I'm sorry? Commissioner Diaz de la Portilla: Which of my staff members have you met with on this issue, on these sites and on this plan? Mr. Porro: With your chief of staff. Commissioner Diaz de la Portilla: You did? Mr. Porro: Yes. City of Miami Page 136 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Okay. I'll ask her. I don't know if you met with any other commissioner, but this proposal to me and the sites that you've picked doesn't work. It's not well thought out. It's not deliberative. It's not what serious people do. It's not personal. It's just that this is not a serious project and a serious proposal to me. Thank you. Commissioner Reyes: Madam Chair. Chair King: I'm going to go to Vice Chair. Vice Chair Carollo: Commissioner Diaz de la Portilla, in as far as our own neighborhoods, our own districts in the areas that are populated, 1 could see that you would want more studying on it. But as I see it, this proposal that they've been working on for a long time, trying to see what they could find, because as we see it clearly, nobody wants this in their neighborhood, it's always in somebody else's that they want to dump it in. And I think we can move on in looking at one particular site that does not affect any of the population areas and then we could see if it works in one site, if we want to expand it in any of our districts where it would make sense in. But Virginia Key is an island of 1,000 acres, more or less. Nobody lives there. This is far enough away from the minor developments that we have there where it would not affect them. The way that you will be entering this, I mean, there's three ways that you enter Virginia Key. The first is where the Marine Stadium is or whatever is left of it, which is where we have really all the commercial business in and there's two entrances there. You have the one that goes to the restaurants and then you have the second one right to the Marine Stadium and where you mentioned that some of these acts are being talked about to do in the future. This is so far away from the other area. We're talking about an island of 1,000 acres. I mean, you yourself can stand in one part of your 20 acre site in Allapattah and see how far away you are from one part to the other. Imagine 1,000 acres. The second entrance, or should I say the third, is the one that leads to this particular area that's being recommended there. And then of course, the fourth is a separate area that's for the area of the African American Trust that we have. The area that makes more sense to me to get approved and get moving so that we can help clean up some of our neighborhoods is Virginia Key. Now there's all kinds of excuses that are being thrown all of a sudden when we've been talking about this since last October and actually before that. The latest one that I hear, I mean it's -- I find it amusing, and this can only be since they don't put down their names when they write the anonymous editorials in the paper, this can only be Nancy Ackerman. Nancy says that because she can't deny what we pointed out, that the City of Miami is not trying to reinvent the wheel here. We're trying to follow what has been successful in other areas. And what we're building, or going to build, are tiny homes. And let me read to you just some of the cities around the country that are doing this successfully. You have the curbed city of the curbed tiny housing village in Detroit. The curbed tiny housing village, New York, Quixote Village, Olympia, Washington State, (UNINTELLIGIBLE) tiny homes Los Angeles, California, Infinity Village, Nashville, Tennessee, Second Wind Cottage, that's New York, curbed tiny housing village, Dallas, Community First Village, Austin, Texas. This is a 400 housing tiny homes area. Wider Heights Homeless Village for Women in Seattle, Washington, Chandler village, Bridge Home Villages in North Hollywood, California, Eden Village in Springfield, Missouri, Emerald Village in Oregon, San Jose, tiny homes -- San Jose, California. Pivot Inc. Tiny Homes, Oklahoma. In Honolulu, Hawaii, and I could go on and on and on. So, this is an established, effective way of trying to, in a humane way, help people to have a decent place and safe place to sleep in. But when our local paper gets to the point of saying that the difference between us and everybody else in the country, that we want to dump these people on an island. My God, you think the_y're talking that we're going to put them in Devil's Island? Sing Sing. What's the other one? City of Miami Page 137 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Porro: Alcatraz. Vice Chair Carollo: Alcatraz. Instead of saying, hey, they're putting then in an island that's surrounded within minutes of all kind of very highly populated areas, that across from that island is another island that, if they just walk a little bit towards the north end, they could see it. It's the most expensive, the most expensive zip code in all of America, Fisher Isle. My God, this is no Alcatraz. This is no Devil's Island we're dumping them in. And then, of course, 2.4 miles down the road, you have the Village of Key Biscayne. I think they go by another name of -- Mr. Porro: 1 can't remember now. Vice Chair Carollo: -- you know, Paradise Found, or something to that nature. But the problem here is that I'm seeing that on one hand, I got a bunch of elitists that their tune is, "Not in my neighborhood. " 2.4 miles, you're still too close. And then I have, on the other hand, the people that have made hundreds of millions in the last decade in getting dollars from everywhere to take care of the homeless. That has become a business for them. They don't want to end homelessness because they'll be out of jobs. On the contrary, they want to see it increase so they could get more money, get better salaries, put more of their friends in cushy jobs, and they don't want us to do anything positive to try to resolve this because we might do it so good that we might end up being the ones sucking all the air out of the room, meaning getting the money from different agencies so that we could do it the right way. I was in shock this morning when I read that the homeless trust alone from the federal government is receiving $41 million a year. Commissioner Reyes: 65 total. Vice Chair Carollo: Now, we give them millions every year along with other groups. I forgot what's the total combined that we get, but we spend millions of dollars every year in agencies so they could have shelters for us, they could have hotel rooms so that when we call them up, we could put our people there. And the reason we're visiting this is because many of the times our people call, and I think you're aware of that and they have no room. So, we have to find a humane way to handle this where we can have safe, dignified locations to place individuals. And let me say this for the record. Most of the individuals that we have in the streets, from what I found, and I showed this back in October, I went and interviewed several dozen, they're not from Miami. They've come from New York, from Chicago, from California, from many different areas. And they're being dumped as our problem. And I'm going to get to that how a lot of them are being dumped here in a minute because I also want this commission to instruct the City Attorney to start doing something about it. The old museum park, Ferre Park. I alone a few weeks ago, driving in a vehicle through there at night, found 81 people that were sleeping there. If I would have gotten out walking in other places, I probably would have found over 100. In the last six months alone, we have had to deal with two drug overdose death that we had there. Whether it's day or night, you could walk by there and you'll see people that they're looking up, beam me up, Scotty. They're flying high in another planet. And that's another problem that we have in our community. But it's across America, and it's the federal government's fault because they're not doing anything about it. We've had over 107,000 Americans die last year of drug overdose from Fentanyl, and the bulk of it is corning right across the border. And the saddest part is many of those that have died have been young kids, teenagers. Teenagers that are just starting out in life. So, we're dealing with a situation of people that are being sent to us from other parts of the country. And it's combined with individuals that refuse to go to shelters, refuse to go anywhere that we offer them because they're out in the streets, not for the most part because there's been a lack of funds that they've had or that government has not offered them places to receive shelter in, but because they don't want to be in a place where they can 't buy or City of Miami Page 138 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 use drugs. That's why they want to be out there. And many of these people have a major drug problem. Some, their brains are so fried already, there's no coming back. I'm sorry, but those are facts. Now, what this city is trying to do is go above and beyond of what we have done in spending millions every year in putting some of these same small villages either in one area of our city or in different parts so that people that we have out there can have a dignified place to sleep in. It's not going to be the Ritz Carlton. No. But it's a heck of a lot better than being out in the streets under the elements where you're not safe. And then we could combine it with all the other elements that this population would need. Bring trailers in there that will have mental health personnel to try to help, bring others to deal with the drug addiction, bring others that will try to give job training to those that want it or are able to have it, and then help them get placed in jobs. There might be some like the lady here that conies up all the time to let us know that she's homeless, that I'm sure she could get a job right today if she wanted to. She seems extremely bright and knowledgeable, but we all have our ways to surviving. But the bottom line is that we have an obligation not just to the people that are in the street for whatever reason, wanting to or not wanting to, in the so called homeless category, for their own safety, for their own health and welfare. But we also have that same, if not greater responsibility to our own residents. How many tunes in your district, Commissioner King, I could tell you mine is a lot, in all of our districts, we have had elderly ladies, mothers with kids that cannot walk through a sidewalk, that have to throw themselves in walking in the street and be in harm's way because that sidewalk is full of tents, people lying down where they can't walk through it. On numerous occasions, our residents can tell us about seeing people right in front of them shooting themselves up with drugs. In other case, acting violently against residents and demanding money from them, even between themselves. The Police Chief's here, he could tell you all the reports that we have had throughout the years of fights between homeless, knives being pulled out. You probably have over half of the homeless out there that carry some kind of weapon to defend themselves from other homeless in the streets. So, what we're doing here is nothing different than many other American Cities, Counties, States have started to help the homeless population and at the same time help their own residents. And we have an obligation to that because we don't do anything about it now, no matter what all these agencies that make all this money out of this, and that's really their bottom line, making more money. Because if the homeless are not out there, they don't get federal monies, they don't get our money. They're out of jobs. They haven't done the job that's needed, and they're not going to do it. So, we have to step in and do the job that our residents expect that we will do for them. The -- Chair King: Commissioner? Commissioner Reyes: Yes. Chair King: I believe Commissioner Reyes would like to say something as well. Commissioner Reyes: Thank you. Unidentified Speaker: Sir. Commissioner Reyes: The mission that we gave you, and I have to thank you because it's not an easy mission. I remember Joe -- Commissioner Carollo said we started with this back last year -- last year we started with this. The resolutions were passed. There were resolutions that we have to find places where we can very humanely encamp our -- the homelessness [sic]. I know that you have done a very good job trying to, which is very difficult, to identify particularly in the city of Miami, identified areas that we can build those little houses. And as the Commissioner already stated, and he enumerated, that it is a system that has been used by many, many cities. As a matter of fact, you showed us a couple of models that could be used and it is very City of Miami Page 139 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 important in my opinion. In my opinion, this is not an encampment that is going to be a concentration camp. Nobody's forcing anybody. But 1 have seen many times, and I'm speaking with even Camillus House, there is a lack of shelters for many homeless and it also -- it is in my opinion, this could serve the purpose of retraining also because you don't have -- are not providing shelter in a dormitory setting. Where you're providing shelter is an individual shelters, individual shelters to individuals that want to really get rid of -- if they are willing, and they understand the problem that they have, because Commissioner Carollo is absolutely right. Most of the homeless that we have in our streets are either addict, they are to alcohol or drugs, and they have psychological problems. We have also some that they have economic problems that they could benefit very well having that individual shelter and being able to retrain, being able to accept all the support that they need, that it's going to be present in order to clean them up. And at the same time, if they find a job, they have a place that they can come until they can put everything together and rent their own place if they find a good job. I think it's an opportunity that we are offering to the homeless population. See, I mean, it is not that come to a shelter and you're going to have 10 people sleeping in that room. You see, this is an individualized -- and that's the benefit that I see about this. Now, where are we going to locate it? Well, that's a matter of discussion. I don't agree with Virginia Key. I believe that it has to be close or accessible to hospitals. Also, I have placed great hope in Judge Leifman Initiative. I think that Judge Leifinan is going to do -- he is going to be a success, in my opinion. You see, every time that 1 go there, and 1 talk to him and it is going to be a model for the rest of the United States, but by being close to his facility, we can provide additional support to population that wants to obtain support, that wants to live that way of life. And 1 believe that we have to do something. The truth of the matter is that 1 have seen the same type of approach to homeless since 1 was in Chicago, back in the 60s. I mean, we had homeless since for a long time. Some people used to call it hobos, whinos, whatever. Okay, I think this is a new approach that it has -- I want to give it a shot, have an encampment, it's single -- those single little homes, without commitment, whoever is going to be there that I said, they are conditions. No drugs, no fighting, no liquor. You are going to go through the process. You're going to accept all the assistance and accept all -- every one of those treatment that has been devised for you. And we're trying to get you back into society again. And I think that we should give it a shot. I agree with everything that Commissioner Carollo said, but I believe that Virginia Key is too way out. It has only one single entrance. Unless they have a boat, and I don't think it's the right location. I think the location has to be close to hospitals because they need it. They need medical, and you know that. Transportation and medical assistance, they need that. And that is my opinion. Thank you. Thank you, because I know that I personally -- I've been after you all the time. Where are the location? What are you doing? But keep on looking. I mean, we haven't made a decision yet, but keep on looking and then we decide. I am not an expert, but I would really' want -- and I know that the NIMBY (Not In My Backyard) principle is going to be present all the time. It doesn't matter what it is. Everybody wants to get rid of the homeless, but nobody wants them next to their houses. That is the case and many people come and feed them on the streets, but they don't want them to go to -- bring them to their neighborhood to feed, you see? And that's all have to say. I agree with the program, and I think that if we start that program under that criteria, that in order jbr you to stay in one of those individual little homes or little house or huts or whatever you want to call it, you have to go through a rehabilitation process, you see. Maybe we can be more effective than what we have been up to now with $60 million, as he claimed, for the Homeless Trust, you. Mr. Porro: That's the hope. Chair King: Thank you. I agree with a little bit of everything my colleagues have said. As a longtime board member of the Camillus House, I have witnessed homelessness .firsthand. As the president and CEO (Chief Executive Officer) of the Martin Luther City of Miami Page 140 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 King Economic Development Corporation, 1 have seen homelessness firsthand, where individuals slept at the MLK Business Center. There's a woman who lives on 61st Street and 7th Avenue. I have had the Camillus House reach out to her for services. They've tried to engage her to provide mental health treatment. She is, what Commissioner Carollo has mentioned, chronic homelessness. She will not leave that corner. She doesn't have wash facilities. She can't launder her clothes. This approach targets her. This would be a wonderful solution to her. Is it perfect? No, but it is an option. No one wants it in their neighborhood. It doesn't fit in our master plan -- district, no, that's what Virginia Key said. There's no master plan for homelessness or persons who find themselves homeless. I'm not making generalities on why persons find themselves homeless. There are many reasons why someone becomes homeless. I do believe that this is another option. It is done elsewhere, and it's done elsewhere well. 1 agree with Commissioner Diaz de la Portilla. The other sites that you have identified, the one that you identified in D5 under the expressway, there's major development going on to the east of that, and they will be using that site. I find the Virginia Key location to be ideal. They will be provided services. Thev are not that far away. They are not close to residentials. It's a voluntary. They will receive services. Some people complain that they won't get services. Services will be onsite, from what you said, correct? Mr. Porro: That's correct. Chair King: So, 1 believe that this is an option we should explore. I will take the lead from my colleagues on what they would like to do further with this item. Is there a motion? Vice Chair Carollo: There will be, but let me bring something up else to the forefront that I think we need to understand. When you hear most of the people saying, oh, they need to be close to where they get services. Well, we all know today service travel in vans and so on. We could bring servers anywhere. But what they're really trying to say is that they want the sites to be in District One and District Five. We all know that that's where a lot of the brick and mortar service are at. So, they're making sure it's not going to be in their neighborhoods. It's going to be in District One and in District Five. Now, beyond that, I'm going to tell you another reason why we have such a high amount of that are out on the street sleeping. In some cases, I hate to call them homeless because they want to be there. Homeless to me is someone that has had an economic problem, that it's not their fault and they're out in the street. This is not the case for a lot of these people. They're out in the street because they want to be. We've offered, and you saw that in my, clip back in October, I interviewed a lot of these people that were out there. I asked them, and I pleaded with some of them, that we could provide them a safe place to go to. Thev refuse. They want to be out in the streets. But the other reason that we have such an enormously high population of people like this that are not from Miami, are from other states, is because of Miami - Dade County. A lot of these people have gotten arrested for whatever reason, they go to the main jail, that's unincorporated Dade County next to Doral and Medley, and then when they are going to let him out, they don't let hint out over there. They bring him to the facilities at 12th Avenue inside the City of Miami, District One, and that's where they're let out. They're let out with most of the times just the shirt on their back. So where do they go? They'll immediately go to Commissioner Diaz de la Portilla's District, then to Commissioner King's District. Then they'll go to my district and move into the downtown area in District two, yours the last they usually get to, it's farthest away. Commissioner Reyes: They are using the NIMBY. Vice Chair Carollo: So, we're having a lot of this problem because of the County's policies. So, Madam City Attorney, I want you to tell us what we need to do to deal City of Miami Page 141 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 with the county to stop this, including filing suit against them so that people that are in jail in a county facility in an unincorporated area are not brought into the City of Miami to be let loose. Victoria Mendez (City Attorney): Commissioner, I believe that the Police Chief or the Manager have talked to the County on some of these issues and would be better to explain it. If not, obviously we can file suit, which you have given us permission, I think, in the past. Vice Chair Carollo: Well, if the Chief could tell us if anything has stopped, 1 would love to hear, butt don't think so. Manuel Morales: Good afternoon. Manny Morales, Chief of Police. So, Vice Chair, as you're mentioning, we did at the urging of the Commission and the directive that we have been in talks with Miami -Dade County to try to work out or come to some common understanding in reference to the individuals that are booked into TGK (Turner Guilford Knight). The facility over on 36th Street and 72nd Avenue, northwest, and are subsequently released at Dade County Jail, 1351 Northwest 12th Street. So just to give you an idea, while we're working through the logistics with them, we began our own pilot program, which it involves having them communicate with us when they're bringing these individuals into the city. We're having Miami Police personnel on the scene, and these individuals are being released, and we're offering them shelter and services as we're getting there. So, what we're doing is also taking the opportunity to get a headcount to see what impact is having. So, since May 15 to July 15, in a two month period, overnight releases 903. Vice Chair Carollo: 900? Mr. Morales: 903 individuals. Vice Chair Carollo: From May 15 of this year? Mr. Morales: Yes, two months. Commissioner Reyes: Were they homeless or? They were -- Mr. Morales: I got it broken down. Out of those 903, 168 were homeless. Out of those 168, that's roughly 20% of the people that are being released overnight. So, this is between the hours of 10:00 p.m. and 5:00 a.m. Out of those 168 homeless, 63 were Miami Police related arrests. So, the other 105 came from other municipalities or unincorporated Dade County. You do the math. If the numbers stay steady, that's an extra 630 homeless individuals that are being released into the city in the middle of the night from Dade County Jail. So, we've been in talks with the Corrections Department and the Public Safety Department over in the county to try to come up with some accord. But as you mentioned, and the Chairwoman mentioned it is the "Not In My Backyard" philosophy. Nobody wants them to be released in their backyard, so they are defaulting to release them at the main old central facility, which is Dade County Jail, adjacent to the courthouse. Vice Chair Carollo: That's a huge number, Chief but I would be willing to think that out of the 68, or 63 rather, that you said, we identified as local homeless -- Commissioner Diaz de la Portilla: City arrest. Vice Chair Carollo: If we really get into it a little more, outside of them just giving you an address in the city, you're going to find that those are not even from us, they're City of Miami Page 142 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 from somewhere else. And that the actual local population is very, very reduced. Probably half of that 63. Mr. Morales: Where are they from? Vice Chair Carollo: Probably half of the 63 are only from Miami -Dade. Mr. Morales: So, we're beginning to -- we just received the raw data, so we're going through it. It's labor intensive. One of the things that I want to find out, out of the 903 individuals that were released so far, how many of them and how quickly did they reoffend. So, if they were -- they came from other locations and they ended up being released in the city, did they reoffend in the city and were booked and what time length is happening to see what impact is having not only on DI, but the surrounding areas. You're right there, very close to DI, D2, D5 this kind of central area -- Commissioner Reyes: DI is the one that suffers the most (UNINTELLIGIBLE) that suffer the brunt of it, and it is the truth, but let me ask you, that was in a month? The 900 -- Mr. Morales: Two months. Commissioner Reyes: Two months. Mr. Morales: From May 15 to June. Commissioner Reyes: That's 450 some per month. Mr. Morales: Roughly. Yes Commissioner Reyes: That's right. Wow, but do you by any chance have any idea how many of them were from -- out of the City of Miami or out of State? Mr. Morales: We just began -- we just got the raw data, so we're beginning the analysis. I had my team start with the homeless individuals. So, I do have the information on the -- Commissioner Reyes: Also, another impact that we have, particularly in that area, is people that they are not homeless people, people that they are just petty criminals, and sometimes they are transient, but they are also released in City of Miami. What can we do in order to force Dade County to release -- I go as far as accepting wherever you arrested them, take them back, but not to release them at the same place in the City of Miami instead of releasing in Dade County, you get -- open up the doors and let them go, you see? Chair King: Commissioner; I don't want to get too sidetracked on issues like police -- Commissioner Reyes: No, what I'm saying, that has something to do -- Chair King: Right, that has something to do with it, but it takes us off onto another area. Commissioner Reyes: Okay. Chair King: Where we are right now is do we believe that encampments are the next solution to helping alleviate our homeless? That's where we are. END OF DISCUSSION ITEMS City of Miami Page 143 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.1 10905 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BERCOW RADELL FERNANDEZ LARKIN & TAPANES, PLLC ON BEHALF OF THE PROPERTY OWNER, MINOR STREET LP #1, ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEVELOPMENT OF TWO (2) VACANT LOTS, WITH THE FOLLOWING: SUBDIVISION INTO FIVE (5) LOTS, RECONSTRUCTION OF THE PRESCOTT MANSION WITH NEW REAR ADDITION, NEW CONSTRUCTION OF FOUR (4) SINGLE-FAMILY RESIDENTIAL PROPERTIES, AND SITE IMPROVEMENTS, LOCATED APPROXIMATELY AT 7101 NORTHEAST 10 AVENUE AND 1000 NORTHEAST 72 STREET, MIAMI, FLORIDA, WITHIN THE BAYSIDE HISTORIC DISTRICT WITH FOLIO NUMBERS 01-3207-032-1030 AND 01-3207-032-0630. ENACTMENT NUMBER: R-22-0301 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, 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: We're going to go with PZ.1. I understand that this is in my district, and I'd like to say congratulations to the neighbors and to the project, the property owner. There was a time where I thought they would kill each other. And now we have a resolution with -- everyone is in agreement. Most everyone. There may be one or two folks that are not. But I am so pleased at democracy at work. I'm so pleased. This is also my neighborhood association, so I'm super pleased about that. Do you guys have Victoria Mendez (City Attorney): Madam Chair. Since it's an appeal, I wanted to see if it's the possibility that you can limit the time. I don't know -- Chair King: You're asking me to limit time? Me, the queen of limiting time? Ms. Mendez: I just wanted to put it up front. Chair King: Oh, yes. Ms. Mendez: So, maybe if we can do 15 minutes? 15 minutes each side, does that work? City of Miami Page 144 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: That's too much. That's too much. Ms. Mendez: Oh, okay. Thank you. Chair King: 15 minutes is too much, right? 10 minutes. 10 minutes. Go ahead. Melissa Tapanes: Good afternoon. Melissa Tapanes, 200 South Biscayne Boulevard, Miami, here representing Minor Street, the owner and applicant of the property located at 7101 Northeast loth Avenue and 1000 Northeast 72nd Street in the Bayside Historic District. After four years of collaborating with the city, the Bayside Residents Association, and neighboring residents, we're excited to present to you this novel proposal to restore a lost piece of Miami history and balance preservation with resiliency that will serve as a model for the long term sustainability of the Bayside Historic District. Joining me is Victor Hernandez and Tim Hyman, with ownership, Steve Abbakov, architectural historian and our expert witness. I'm entering into the record his resume as long as his -- as well as his report to save on time, as well, Chris Fernandez, our architect of record, and my partners, Ben Fernandez and Carli Koshal. Today we're here respectfully requesting your approval of the appeal and special certificate of appropriateness with conditions that we have negotiated and crafted with the Bayside Residential or Residents Association. It will allow us to rebuild the historic Prescott Mansion with a new addition and construct four single- family homes compatible with the Prescott Mansion and the Bayside Historic District. Since the appeals deferral in December and then March, the applicant has worked tirelessly with the association and the neighborhood to reduce the proposed height, scale, and massing refine the architectural design and earn the support of the majority of the neighborhood. Fin pleased to present to you a resolution from the Bayside Residents Association withdrawing their objections, as well as over 140 signatures from the surrounding area. So, to give a little bit of context, the Prescott property is located on 10th Avenue. It is on the waterside end of the Bayside Historic District. The property is currently vacant. Homes in the area abut the Baywood Park and below -- no, it's not showing up on the screen. Oh, what's going on? IT (Information Technology) is on the way, but we will continue. Thank you. So, homes in this area are abutting the Baywood Park and are below floodplain at two to three feet of elevation. They're regularly washed out and are featured in new stories on sea level rise. Flooding presents a real threat to the preservation of this neighborhood's historic homes -- and I really wish -- are you trying to fix this? Got ten minutes. Please stop the clock. Chair King: I stopped the clock. Ms. Tapanes: Sorry. I have a lovely presentation for you, mostly for Mr. Matthew. James Mahaffey: While she's working on her presentation, would you all like me to present my request for intervener status from some of the neighbors? While she's working on that? Chair King: Victoria, can you explain what's the process for intervener status? Ms. Mendez: Well, normally, we would have a hearing for you to determine whether or not they are appropriate interveners. I don't know if Ms. Tapanes has had the ability to review anything. Ms. Tapanes: Yes, I'm happy to allow any neighbor to speak f •eely at today's hearing and not object to their interveners today. We will, of course, preserve all arguments on appeal and preserve that right to do so if this item is appealed to the circuit court. But I have no problem with him speaking. If I may continue with our presentation. City of Miami Page 145 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Please. Ms. Tapanes: Thank you. Chair King: Restart the clock. Ms. Tapanes: Thank you. So, I was mentioning that the Prescott Mansion is located within the Bayside Historic District. It was the district's gem. Here it is in 1925, and in 2004 is when it was allowed to be demolished with the condition that it be rebuilt. Consistent with that condition, the then owner engaged -- Richard Heisenbottle, to document and detail the Prescott Mansion. As part of that 2005 HEP (Historic and Environmental Preservation) Board approval, the HEP Board approved a modern addition to the home. However, over the years, numerous owners with numerous proposals, nothing has been done, and here you can see a 2013 approved plan on the northern half of the property, presenting a very massive structure. This is another approved project for the south half of the project, or the property, which is also another massive structure, along with the Prescott Mansion. So, we're here before you specifically appealing the HEP Board's denial of a certificate of appropriateness. We are not requesting a rezoning, a variance, an exception, or any discretionary approval. The proposed residents and lots fully comply with the Miami 21 Zoning Code, as well as the subdivision regulations. We're dealing with here is simply Section 23-62 (h)(1), which are the guidelines for issuing a -- certificates of appropriateness, which point to Standard Nine of the Secretary of Interior Standard for Rehabilitation. Those standards require that architecture must be differentiated from the historic architecture and be compatible with scale, .size, massing and architectural features. City's professional staff recommended approval, and when we appeared before the HEP Board, it was denied, with the idea of continuing to work with the association. We believed that it was arbitrary and capricious, but in good news, we got to work on democracy and come up with a better plan. So, we're very proud of the process that we've engaged over the last six months, although this process has been closer to four years. So, the property owner has been diligently working on this project for four years. Four years of significant carrying costs and design investments for planning directors, for HEP Board officers, three district commissioners, and various regimes of neighborhood leadership. We have made major changes, including eliminating one lot. We've decreased the size and massing of the proposed homes, as well as decrease the number of waivers and significantly leaving it up to creating that Prescott Mansion. We've also increased the 72nd Street setbacks as a request from the neighbors on 72nd Street. We've had numerous outreach meetings, as you can see in the logs before you. Those meetings have been daily, as Commissioner King's staff is quite aware. We've continued to make design changes into the last couple of weeks, and we presented those design changes with conditions in a letter that is in the record today. So, there is no due process issue, as Mr. Cruz suggested earlier today. These are minor changes, but ones that are welcomed. In this rendering before you, the Prescott Mansion adds an additional stairwell to create symmetry in the frontage. So those are the kinds of changes that have taken place. But you can see here how we've addressed massing. This is lot two, and you can see that that massing has significantly changed and have also emphasized the mid-century modern architecture in the Bayside District. There's also the primary entrance on 72nd Street was created, as well as berms added to the landscape in order to bring the ground closer to the underside of the first (UNINTELLIGIBLE), reducing the perception of mass. Lot Two here directly faces the neighborhood, and the team really took the importance of this lot's placement to heart. You can see here, Lot Three, where the driveway was added to 72nd Street, which again, was one of the neighbor's request. Same at Lot Four, where you could see an example of the decreased height as well. These proposed modifications are within the scope of the HEP Board as originally presented, and based on what the neighbors tell us, and the Preservation Officer are even more architecturally and City of Miami Page 146 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 aesthetically compatible with the city standards for approval. We have Mr. Abacov to testify, but we've put his statements in the record, and we would ask that this Commission accept those in the interest of time. And these are some of the slides that he wanted to show you as the defining features of MiMo (Miami Modern) Architecture, in the Bayside Historic District and references of interpretation for the Prescott addition, as well as references and interpretation for the various lots. Here you see lot two, lot three, lot five, and in conclusion, Mr. Abacov will tell you that he would ask for this certificate of appropriateness to be approved. I think we would be remised if we didn't mention the many project benefits that are part of what we're presenting, and I think that is what makes this project so novel. In addition to being the first example of reconstructing a historic resource that was lost to sea level rise, climate change, whatever we want to call it or not. We're also providing significant resiliency layers of protection for both the property and the neighborhood, including sea walls, right of way dedications and improvements, layers of stormwater management, including the understory of the various four lots, the Prescott Mansion is the only one on the stone plinth. The others have stormwater protection. We're also including public view corridors and public access through a new road, as well as landscaping and tree canopy designed by the internationally renowned and my favorite local landscape architect., Raymond Jungles. You can see here that the property in itself is in a coastal high hazard area. The Bayside Historic District floods. It floods badly. There is no getting around the fact that the eastern portion of the district, including the property, is in a flood zone. The Bayside Historic District's parking design guidelines specifically indicate, and I quote, "While the City has enacted local drainage projects to alleviate recurring flooding in Bayside, flooding and drainage continues to be a problem in the district." The residents of the Bayside Historic District acknowledge that their neighborhood floods. They understand the impact of sea level rise may have on their historic homes, and as a community, they ask the city for assistance with drainage, seawalls, and pumps. This project will implement the county's' and city's resiliency policies for 350 feet of coastal frontage at the eastern end of the district. The sea wall at the Prescott stands as the first line of defense for the other homes in the Bayside District that will be extended, raised, replaced, and capped at no expense to the city or the neighborhood. Similarly, right of way improvements seen here in yellow will also provide drainage and access improvements to the abutting 10th Avenue and 72nd Street. Improving these streets and development of the project ensures that the property is no longer contributing or compounding to the neighborhood's flooding issues. As part of our right of way improvements that we've been working with your Resiliency and Public Works Department since 2019, those will include also stormwater management infrastructure, including in the new road that we are creating through the project. We've been sensitive to the neighbors. They've asked us to include public view corridors and public access. This is a rendering that shows that that will continue not only throughout the new road, but also on 72nd Street. The goal is to provide light, air. and views to Biscayne Bay, although Baywood Park is immediately abutting the site to the south. Of course, no one has a legal right to views, but we wanted to be sensitive to that. And you can see here what the project will look like from 72nd Street. We're here to request approval of the appeal with conditions one through nine. We, of course, accept staffs recommended conditions. We respectfully request time for rebuttal since we were -- learned of interveners yesterday, as many of you did, and we thank you for your time today. Chair King: Thank you. Mr. Mahaffey: If I may approach. I'm not sure I have to ask that here, but I've got a packet. Chair King: Believe you have to give it to the Clerk. Give it to the -- right. City of Miami Page 147 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Tapanes: 1 should mention that 1 will be exercising my right to cross examine. Thank you. Mr. Mahaffey: We are in a quasi-judicial set up here. So in regards to the interveners who have brought forth objection to this plan, there are a number of neighbors who still are at odds with the revised plans. I think it's important for the Commission to realize -- Chair King: Excuse me, sir. Could you please put your name and your address on the record for -- the Clerk just came to -- Mr. Mahaffey: Yes. James Mahaffey. 920 Northeast 71st. I'm here representing a number of neighbors. Santiago Alvarez, Vivian Garcia, Nicole Labri, Danny Allen, Peggy Ochandarina, as well as myself. Chair King: Can you give the addresses for all of the persons that you're representing? Mr. Mahaffey: Yeah, give me half a second. I can do that for you. Ms. Ochandarina lives at 1031 Northeast 72nd Street. Ms. Labri and Mr. Allen live at 965 Northeast 72nd Street. Mr. Santiago Alvarez lives at 990 Northeast 72nd Street. Ms. Garcia, Vivian Garcia, lives at 955 Northeast 71st Street. And again, 1 live at 920 Northeast 71st Street. Chair King: And are they here? Mr. Mahaffey: They are not here. Unfortunately, the meeting on the 14th was canceled, and a number of them are out of town right now. Ms. Ochandarina is actually in Palestine for work. Mr. Labri -- Ms. Labri and Mr. Allen had summer vacation plans, and Ms. Garcia, I believe, just returned to town either yesterday or the day before, and was unable to fit this into her schedule. Chair King: So, do you have a letter of representation from all of these persons? Mr. Mahaffey: I do, Commissioner, and I actually submitted them to the city back in March, prior to the March hearing. The only ones that haven't been submitted were Mr. Allen and Ms. Labri. Chair King: So, Mr. Allen -- okay, I need -- we need to have your letters of representation. If you're going to represent these folks, I need to know that you are their representative. This body needs evidence of that. And you said who you don't have. Mr. Mahaffey: So I submitted all of them to the city back in March except for Mr. Allen and Ms. Labri. And I submitted those, I believe, yesterday, because they ended up going out of town. Chair King: Okay, so -- Commissioner Diaz de la Portilla: Are there copies available to us? Chair King: Right. If you submitted it to the city, we must have copies. And have you shared that with counsel? Mr. Mahaffey: So, I believe they were made aware of this a couple of weeks ago. Chair King: No, but your recommendation. City of Miami Page 148 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Fonda- Representation. Chair King: Didn't 1 say that? Commissioner Diaz de la Portilla: Yes, you said recommendation. Chair King: It's late. Commissioner Diaz de la Portilla: I know it's late. Chair King: We're not accustomed to being here this long. Commissioner Diaz de la Portilla: You need Cuban coffee. Chair King: Okay, so the two that you said you submitted yesterday are what address? Mr. Mahaffey: That was at 965 Northeast 72nd. Chair King: So, Todd, do you have letters of representation? Todd B. Hannon (City Clerk): I'm sorry, say again? Chair King: He has to have letters of representation, that he represents these individuals that he claims he's -- he's advocating on behalf of for intervener status. He said back in April, he submitted to the Clerk's Office, letters of representation for several of these people. And yesterday he submitted a letter of representation for two of the individuals from 965 Northeast 72nd Street. Can we get a copy of those letters? Mr. Mahaffey: You have a copy, I believe, in your hand. Are you looking for something other than that? And that's one -- I have six of them there. I have one for each of the people who have requested intervener status. Chair King: I'm looking for letters signed by the individuals authorizing you as their counsel. Mr. Mahaffey: I did not bring anything of that nature with me. I submitted what I submitted to the city, which you have, and I was not advised I would need to have letters signed by the clients themselves. Chair King: Well, how do you -- I can't represent anyone unless I have a letter of engagement. They sign my retainer agreement. I don't know. Is that different here? Mr. Mahaffey: A retainer agreement is not required. I'm doing this pro bono on their behalf. Chair King: No, but you still have to have something in writing that says you represent them. Or is that different, Victoria? I don't -- I'm going from practicing law outside of being a Commissioner, and I can't represent anyone unless I have an agreement signed by them that says -- even if I'm representing them pro bono, I have to have something. Am I wrong? Mr. Mahaffey: You do not need a signed document, and there was nothing in the instructions -- Chair King: Am I wrong? City of Miami Page 149 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: She's not asking you, we are asking her. Ms. Tapanes: We register as lobbyists. Commissioner Diaz de la Portilla: Yeah, are you registered as a lobbyist? Mr. Mahaffey: So, I did register as a lobbyist. However, this is a quasi-judicial process. I'm exempt from having to register as a lobbyist because this is a -- Chair King: Right. But I'm not, you know, even when you register as a lobbyist, you still have to name who your clients are, is that correct? Right. But besides that, because they are not here to say you are their representative, there should be something in writing that says, I Mrs. So and So, give authority to yourself to represent them on behalf of myself to receive intervener status. Victoria, can you give me a legal opinion on that? Because I don't want somebody to come back and say, I didn't tell him -- I didn't give him authority to represent me. So, you should have some kind of document evidence, something that says -- or do we not need that? Ms. Mendez: So, Madam Chair, traditionally we -- he's an officer of the court. We take his representation at face value. We don't necessarily askfbr written clarification that they represent. As a matter of the Florida Bar issue, I need to check the rules if there actually has to be a written document other than what his -- Chair King: Okay, well, I'm just going by past experience. 1 was here at a Commission meeting, and there was a request for interveners, and this body would not accept someone speaking on their behalf for the people that weren't present, and they were trying to scramble and get authorization. It was during the Magic City issue, and they were requesting intervener status. And this body was very clear if they were not here and they had not provided written authorization, they could not stand in to receive intervener status. Ms. Mendez: Right, so in that one -- and that's why when we started off with were we going to have a hearing about whether they were interveners or not in this case -- and there was associational, there were a few issues with that one, it was like some were corporations some were -- you know, so there were a few different things going on in that meeting, and it was a little contentious. And here Ms. Tapanes has been very gracious to not fight over the intervener status so we could get to the merits of the case. So, that's why -- but Florida Bar wise, we'll look it up. The City doesn't request, though, actual documentation normally, as to whether they're actually represented by an attorney. Chair King: Not that -- because you don't have to be an attorney, from what I understand. It's just that -- Ms. Mendez: Right, those were -- and if I remember also, those were also powers of attorney. They weren't attorneys at the time. He's actually an attorney. Chair King: I understand. That's why I feel like because he's an attorney, he should have -- it's different for the City. I'm just going on what I know from my legal practice that I cannot represent someone without their authority in writing. If you are saying that that's okay. I think my colleague has a question. Commissioner Diaz de la Portilla: Yeah. Thank you, Madam Chairwoman. Did she go away? Hi, Vicky. Hi. When you have a chance. Vicky, I've been here almost four years now, three and a half years, and I've seen a number of people come here try to represent. A great example of that is Mr. Winker, who's come here representing different people on two or three separate occasions, and he really didn't have the City of Miami Page 150 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 authority to represent them. So, if that's a past practice of the city, 1 think that's not necessarily the hest practice. We need to make sure that the people -- not that we're questioning you, sir, or anything like that, but we do want to know if you have authority to speak for other people. And it'd be good for us to know, at least, I would have a higher comfort level if I would know that you had that authority. It's not that it's required or not required, but it's just for the commissioner's comfort level, because we've had -- Mr. Mahaffey: I'm sorry. Commissioner Diaz de la Portilla: -- because we've had experiences in the past where people have come before, we're representing X, Y, and Z, with names and everything, and then those people have come to me. It's happened to me here, since I've been here, and we find out they're not representing those people, no, 1 never gave them that authority. In a case like this, is a quasi-judicial case, I think -- I know what the Florida Bar rules are, butt think the city should have its own rules moving forward to make sure that everyone stands before us, if they're not sworn in or anything like that, that they at least have letters that say, I'm speaking on behalf of six, seven, eight people, whatever it is. So that's a little bit of a concern to me. Is there a way -- are you going to get that opinion now? Ms. Mendez: We'll look now with regard to Florida Bar rules, if you want moving forward for there to be certain representations -- Commissioner Diaz de la Portilla: We will. Ms. Mendez: -- in the file, then we can work on that cis well. Commissioner Diaz de la Portilla: We will. So well do a resolution to make sure that happens on a moving forward basis. But I would like, before I move forward with this case, I would like to know what the Florida Bar rules say on this. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: So, if we can defer the item or table it. Chair King: Wait, so from what I understand -- Commissioner Diaz de la Portilla: Sorry, wrong word. Chair King: So, from what I understand -- Commissioner Diaz de la Portilla: I still have Tallahassee in me, relax. They had a heart attack over there. I still have Tallahassee language. Chair King: Melissa, you do not object to their intervener status. So, we don't have to hear, we're just giving them intervener status. Ms. Tapanes: I think that's best just to let Mr. Mahaffey speak. I do want to cross examine him. He did mention that he was here representing himself. So, I would suggest that he can speak on his own behalf. If there is any issue -- Commissioner Diaz de la Portilla: That's what I would prefer. I feel more comfortable he speaks on his own behalf just for the record. Mr. Mahaffey: If you all would like to see the mails from my clients approving the letters, that I -- City of Miami Page 151 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Fonda- I would feel -- I would feel more comfortable if you speak on your behalf. You do what you want to do. I'm just telling you how I would feel more comfortable. Chair King: You representing yourself is the same. Commissioner Diaz de la Portilla: Yeah. You're a neighbor. Mr. Mahaffey: It is. Chair King: It benefits everyone that you're representing. Mr. Mahaffey: Understood. 1 just want, I guess, the Commissioners to be aware that there is still a large amount of disagreement with the current revised plans. Chair King: I don't know if -- Commissioner Diaz de la Portilla: 6 people -- Chair King: 7, 6 people is a large amount of disagreement. A large amount of disagreement was what showed up in my office six months ago. That was a large amount of disagreement. Mr. Mahaffey: Remember; for me to request intervener status, they must have a specific the Renard Standing. And so it's not that 1 could get every single angry neighbor and request intervener status on behalf of all of them. Chair King: But you have it now. Mr. Mahaffey: What's that? Chair King: You have intervener status now. Commissioner Diaz de la Portilla: She gave it to you. Mr. Mahaffey: That's why I'm explaining that there is more than just the six. There's a number of people that I don't believe -- Ms. Tapanes: I object to that. Chair King: I object to that as well, because if that -- you don't have the right to speak on their behalf. You have the right maybe to speak on behalf of the six, but you don't have a right to speak on behalf of anyone else. Mr. Mahaffey: Understood Commissioner Diaz de la Portilla: Maybe. Chair King: Maybe. Mr. Mahaffey: In regards to -- Chair King: Hold on a second. Todd, can you put the clock back to ten? I don't want to cheat you any of your time. Mr. Mahaffey: No problem. I don't think I'll need a full ten minutes anyways. City of Miami Page 152 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Okay. Mr. Mahaffey: So I think the initial issue is that the finalized plans have not been presented at this point in time. And so what you have been advised by the neighborhood association, which again is not -- is a voluntary association that actually has less than 50 percent of the neighbors in the association. So, any idea that the neighborhood association speaks for the majority of the neighborhood I believe is a little bit of a broad stroke. But up until June 24th, we had a meeting with the developer and the issues that were brought up during that meeting still remain. What was brought up during that meeting on June 24 is just the idea that these homes, they lack compatibility and congruence with the historic district. You've seen the photos or the drawings of these homes. They are ultra -modern homes. This is in a historic district that we're talking about. The vast majority of the homes in our district were built before the 60s. They're from a number of different styles, frame vernacular, Mediterranean, as well as some modern. It's interesting that the developer tries to say that there's MiMo architecture, but there's not really much MiMo architecture within our neighborhood itself That would be on the Biscayne Boulevard MiMo district that's just to the west of our district. The other issues besides just the design and style of these homes and that they clash rather than conform to our neighborhood, is that they are changing the platting of our neighborhood. This is a historic neighborhood. Historic platting should be -- the city should strive to maintain historic platting unless there's a real reason why the historic platting should be changed. The height of these buildings, these buildings dwarf anything else in our neighborhood. They're built on stilts. They use freeboard to raise them up well past the minimum requirements of FEMA (Federal Emergency Management Agency), making these houses at least ten foot taller than any other house in the neighborhood. The density and massing of these homes, these homes are -- we have a neighborhood of very small homes. Most of our homes average under 2000 square feet. So, each of these homes would be among the largest homes in our neighborhood. And not only that, what they're doing is they're putting five homes into a place where currently there's only two lots. And I know that they're saying that they're doing that to be able to match the lot size but if you look at the other lots in the vicinity, Mr. Alvarez's lot 20,000 square feet, the lot at the end of 72nd Street is about 24,000 square feet. So, these lots at the end of Washington Place are very large lots. And so we don't believe that the idea to squeeze five homes into this area is appropriate. It's also important to remember that the association itself does not have a voice. The association is not allowed to interact within this quasi judicial process that we find ourselves in. That's why it is important that neighbors did stand up and become interveners, because interveners are what is required to be able to be here and to contest this, because why are we here? The city has granted the HEP Board with the authority from the Municipal Code to approve variances or waivers and to approve special certificates of appropriateness in historic districts. It was a six to one vote against this project. So not only did the HEP Board feel that this did not meet the requirements of our historic district, but it was resoundingly defeated. It was not any discussion as to continuing on at that point in time. The developer, before the Board, decided to move forward after some initial negotiations and was defeated six to one in front of the HEP Board. So I think it's important that the Commission remember that you sit here not just as commissioners, but in your quasi-judicial function and what you need to look at is the correctness and appropriateness of the HEP Board's ruling, because that is the body that you have given the authority to approve or disapprove of this exact type of certificate of appropriateness. And so, as we sit here today, the plan continues to violate the height of our neighborhood. As I think you heard during the initial presentation, the developer has chosen to lift these homes as a result of FEMA. However, rather than stopping at the eleven foot requirement, they have proceeded to utilize freeboard to raise the height of these homes another five feet. What does this do? This, in essence, has created a third .floor. And why that's inappropriate for our neighborhood is there are no other three-story buildings. We are zoned as T3 suburban and three story City of Miami Page 153 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 homes are not allowed in suburban -- in the T3 designation. The height designation is also limited to 25 from the floor. So what does raising the height of the floor do? It allows them to get the height of these structures north of 45 feet, which again is significantly higher. But it's not just the freeboard. Even when you look at the plans, they have requested a nearly two foot thick floor. When their architect came before the HEP Board and advised that his plan would really only require a ten -inch floor thickness, they have added another foot to the homes, again, raising these homes. What does this do? You can see it within the drawings. It has created a third floor on the ground. It's got now what they call storage. But when you look at it, you see that it's floor to ceiling windows in their drawings. So the intent is obviously moving forward to utilize these not as freeboard space, but as future living or storage space, giving them three story homes in an area where that is not allowed. Again, one of the big issues that we took before the meeting on June 24 was that each of these homes is very similarly designed. If you look through the homes in Bayside, no two homes are alike. We are a very eclectic neighborhood, and I think it's important that anything that would be built here recognizes and is congruent with the idea that we're an eclectic neighborhood. But when you look at these homes, although they are designed different, each of them has the same style, an ultra -modern style that does not fit in with the frame vernacular or the Mediterranean revival or the Florida ranch. There's not any type of house that would be congruent. So the architects that we have in the neighborhood have not yet had an opportunity, and I know Mr. Cruz touched on this during the public comment this morning, to review these new plans, because the new plans have not been submitted as finalized. And so what we do believe is that it should be defeated, but if the Commission was in the idea of allowing my clients and their architects an opportunity to review these final plans and to be able to bring additional testimony, that would be something that we would request that we could reach a deferral at this point in time. Because I would like to get my clients, architects, to take a look at the final plans, and I don't want there to be any due process issues. I don't do this for a living. I hope to never have to do this for a living or never have to do this again, actually. So I do want this to be over today, but I think there are significant problems with moving forward when I have not yet had an opportunity to have my architects review these plans. And I don't know if I can connect, but I would like to showcase, if I can, some of the differences between -- can I get a little IT help to make sure I can -- oh, there it goes. So, I went through the neighborhood recently and took some photographs for you to understand some of the two-story structures that we currently have within our neighborhood. One of the interesting things about the two- story structures within Bayside is that the upstairs floors are never the entire size of the downstairs. It's an interesting quirk that most of them have about a 30 percent footprint for the upstairs versus the downstairs. So, you can see that within these houses in my neighborhood, within the Bayside Historic District, that there's nothing of the size or massing of what's being suggested by the developer in this case. Going to look at and if you focus on -- what we're looking at here, you can see again the sub -- what they would consider the freeboard has created a third story. So, we're looking not at a two-story structure, not a bermed structure at a minimum of 10 feet as required by FEMA. You're looking at something that has been built up intentionally to create a third story. There's nothing else within Bayside Historic District that has any type of congruence with the developers plans in that nature, when you look at -- Chair King: You're going beyond your ten minutes. Mr. Mahaffey: Am I past my 10? Chair King: You passed your 10. Mr. Mahaffey: Okay, 171 wrap it up just with this one right here. Looking at what some of the changes that they have recently suggested to lot four. This is one of the Bayfront homes. You can see, again, that there's a walk up the steps. You can see the City of Miami Page 154 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 garage down to the right. Let me make sure you -- but you can see here that there's a garage door. And so it's not even that they are hiding that there is this third floor. You can see that there is an intent to utilize the space not just for freeboard, not just for water to come through, but for actually utilizing this as a third story. So, what my clients and myself have suggested during meetings with a developer is that there be a 35 foot height cap on anything built on these lots. Because if they're going to rise up to the 20 -- actually 10 foot FEMA requirement, then you also would have the 25 feet that the rest of my neighborhood lives with as far as the height of our houses. And so we would be acknowledging that they do need to raise these homes that are directly on the water to comply with FEMA Code. However, there is no need for them to go up to 45 and 47 feet tall. It's extremely high in terms of anything else in the surrounding neighborhood. It's not congruent, it's not cohesive, and it's not compatible with the character of the historic neighborhood. And again, sitting in your quasi-judicial status, 1 think it's important that we remember that the Historic Board defeated this development six to one. Chair King: Thank you. Ms. Tapanes. Ms. Tapanes: Yes. To correct a misstatement, the Prescott is 20 feet 9 inches of height. The NGVD (National Geodetic Vertical Datum) is 35 feet 9 inches, and the other four lots are at 22 feet 6 inches, NGVD at 39 feet 3 inches. So, there's no 40 feet or 45 feet. First, 1'd like to just take a moment to ask Mr. Mahaffey a couple questions, or actually, several questions. Are you a member in good standing with the Florida Bar? Mr. Mahaffey: Yes. Ms. Tapanes: Did you attend the June 2021 HEP Board meeting? Mr. Mahaffey: I'm not a member of wait -- which HEP Board meeting? Ms. Tapanes: The June 2021 HEP Board meeting. Our first HEP Board meeting. Mr. Mahaffey: This was defeated in September. I do know it came up a few months before. I don't remember if that was June or not. Ms. Tapanes: Were you there at a previous meeting? Mr. Mahaffey: I went to both HEP Board meetings previously and gave public statements at both HEP Board meetings. Ms. Tapanes: Thank you. Did you attend a three-hour settlement conference with Don Bell and the Bayside Residents Association Board on June 14 at my office? Mr. Mahaffey: Yes. Ms. Tapanes: Did you represent yourself as an attorney consulting with the Bayside Residents Association? Mr. Mahaffey: I don't know the answer to that. Ms. Tapanes: Did you provide legal advice to the Bayside Residents Association? Mr. Mahaffey: I never provided legal advice. I always kept myself separate as far as not being on the committee itself Ms. Tapanes: Did you provide legal advice to Mr. Don Bell? City of Miami Page 155 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Mr. Mahaffey: 1Vo, just discussion as to the facts. Ms. Tapanes: Under the Florida Bar rules, are you aware that the attorney -client relationship is created by providing the appearance of legal advice, including representing yourself as a lawyer at a settlement conference that's confidential? Mr. Mahaffey: I'm not sure how that's relevant. Ms. Tapanes: Are you aware of that rule? It's 4-17(b). Mr. Mahaffey: I'm not sure how it's relevant today, but I mean, in terms of what I was doing -- Ms. Tapanes: On July 4th, did you discuss the application with Victor Hernandez, the applicant? Mr. Mahaffey: I did have a small conversation with Victor during our 4th of July party. It lasted for less than 30 seconds. Ms. Tapanes: Did you express that your concerns have been addressed and that you supported this application personally? Mr. Mahaffey: No. I told him at that point in time, 1 thought that the developer had made certain changes to the revisions to the plans. But 1 wasn't at that 4th of July party where I think I was actually holding my daughter's hand at that moment to discuss that at that point in time. Ms. Tapanes: Mr. Hernandez would say different here today. But let me get to the most important question. Did you send a WhatsApp message yesterday to all the members of the Bayside Residents Association soliciting clients to intervene here today? Mr. Mahaffey: No, I did not. What I told my neighbors, and if you -- you obviously have access to it, what I told my neighbors is that there remains opposition to this, because, as you're aware, Don and the rest of the committee withdrew their objection. So, what I told my neighbors is, if they do have an opinion as to this, they should show up here today at 9:00 a.m. and make known their opinions to this board. If you followed along with that chat, I even wrote again in the chat and said, I'm not trying to sway anyone either way, I just want everyone to feel comfortable that it remains opposition and if anyone is opposed to this, that they should show up and make a statement, to which Don responded, that anyone should show up if they have a pro voice too, which I said, okay, I agree with that. Ms. Tapanes: 1'll submit that copy of your message into the record. Did anyone this morning, or at any time, besides yourself that lives in the Bayside Historic District, object to this application today? Mr. Mahaffey: My clients have objected to this, and I do not believe anyone else was able to appear again -- Ms. Tapanes: Thank you. Mr. Mahaffey: If can finish my answer, please. This meeting was initially scheduled for July 14th, I want to say, and there were people that were intending to appear at the July 14th, however, that was canceled, moved to today, and a number of individuals who were not able to make it today. City of Miami Page 156 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Tapanes: Thank you. The Bayside Historic District will require significant public and private investment to preserve. The applicant and appellant here is able and willing to move forward with the development of this project that restores a piece of Miami history. Again, a novel enterprise. The four residential homes are within the compatibility of the area. You can see here that the lot size and width analysis that's in the record here is consistent. These lots are over 10,000 square feet. The proposed site lot size and configuration is also very common in this immediate area. In fact, the inspiration of this subdivision is immediately to the south on the same avenue. You can see here that the regular road is a common waterfront condition throughout the City of Miam and within this area. The height is below the maximum permitted and previously approved plans. You can see here homes that exist in the Bayside Historic District at over 30 feet above the base flood elevation. Again, ours are significantly lower. As 1 mentioned earlier, these are additional examples of SEC two story homes that are different from what Mr. Mahaffey suggested to you. Our outreach has continued since 2019, and I think it's very obvious that the few individuals that purportedly Mr. Mahaffey is here to represent are simply afraid that they are losing their right to use private property as a public park. You can see here where they live, and you can see what their view looks like today. Our goal here is to bring this historic district into today and into the future by providing resiliency standards consistent with County and City policies. Thank you very much for indulging me this afternoon. And of course, the entire team is available, for any questions. Mr. Mahaffey: And there was just one slide I forgot to share. If I can just share one slide with you all that just showcases the -- the let's see if 1 can figure this out. This slide was prepared by one of the architects that I've been discussing with. And you can see on the left, that would be the original Prescott Mansion. And you can see that there's individuals shown in front for an idea of the size of what we're talking about. So, if you look then at the middle, that would be going with the 12 feet from grade, it would still be at that 35 NGVD height. But if you look at the far right, what you see there is what the developer has planned. So not only are they going to FEMA requirements, they're going well beyond making these structures much higher than they need to be. So again, I appreciate your time and your allowance of mine and my client's ability to argue today as interveners. And we again request that the denial of this development be upheld from the HEP Board. Thank you. Chair King: Thank you. Thank you. May I have a motion? Ms. Tapanes: With conditions, please. Thank you. Commissioner Reyes: To approve the appeal with conditions. Chair King: Do I have a second? Commissioner Russell: Yes. Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Ms. Tapanes: Thank you very much. Mr. Hannon: As amended? Chair King: As amended, with conditions. City of Miami Page 157 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: With conditions. Ms. Tapanes: Thank you. Ms. Mendez: Madam Chair, with all staff conditions? I wanted to clarify that for the record. Thank you so much. Mr. Mahaffey: Thank you for your time. Chair King: Now we are -- Next is PZ.8 if we want to wait for PZ.8 (COMMENTS MADE OFF RECORD) Chair King: Pleasure to meet you. Thank you. Thank you. Commissioner Diaz de la Portilla: You're welcome. (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: Madam Chairwoman? Oh, I'm sorry. (COMMENTS MADE OFF RECORD) Chair King: Okay, so we are going to take a five-minute recess. We'll resume in five minutes. Miami Commission meeting will resume. Ms. Mendez: Madam Chair. Chair King: Yes. Ms. Mendez: Really quick. When I said with all the staff recommendations, it's actually the recommendations that are on the letter that's in the record. That includes the staff analysis and all that you already have -- Chair King: Please explain that to Todd. Ms. Mendez: So, I just wanted to confirm that the staff recommendations for PZ.1, it's not the staff recommendations, it's all the recommendations that are listed in the letter by the appellant. Mr. Hannon: Understood. Chair King: Understood. Ms. Mendez: Thank you. (COMMENTS MADE OFF RECORD) City of Miami Page 158 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.2 ORDINANCE Second Reading 11324 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE REAL PROPERTIES AT 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14079 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: Okay so -- Commissioner Reyes: Okay. Chair King: -- now, would you like to take some PZ (Planning and Zoning) items that are non -controversial? Commissioner Reyes: Well, is there such a thing? Commissioner Diaz de la Portilla: Is there such a thing? Arthur Noriega (City Manager): Madam Chair? Victoria Mendez (City Attorney): PZ. 1 would be the most non -controversial. Mr. Noriega: PZ.1 ? Chair King: PZ.1 and 2 would be. Mr. Noriega: Madam Chair? Chair King: Yes. Mr. Noriega: Can I have five minutes of an opportunity to recognize somebody? If you give me like five minutes, is that okay with the body? Chair King: I can do that for you, yes. Mr. Noriega: Today is our District 3 Chief of Staffs last commission meeting, Jose Suarez. So, I want to kind of have him come up. 1 have a little gift for him, kind of a .farewell. City of Miami Page 159 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Jose, I thought you were having so much fun. Applause. Mr. Noriega: (UNINTELLIGIBLE) before the boss does. Vice Chair Carollo: He's getting to Shangri-La ahead of me to pave the road for me. (COMMENTS MADE OFF RECORD) Ms. Mendez: We love you, Jose. (COMMENTS MADE OFF RECORD) Chair King: Okay. Can we review -- Vice Chair Carollo: You know, since we're in Jose Suarez -- and by the way, he'll be here for another week and a half or so, we're just not meeting. But this is kind of funny, and I got to tell you guys, it's just between us here today. Nobody else to hear, okay? Just us. Chair King: Is there -- Vice Chair Carollo: You got to hear this. This blogger that writes about the City every now and then calls Jose up and says, I hear you got into a fight with a Commissioner, and he fired you or you quit or something. Is the message 1 think she left him, he didn't speak to her, didn't answer. Then, in this other police blog that's unknown who writes it, now we do. It comes out that says that Jose and I got into a fight over a lawsuit from the guy that claims he owns Little Havana and that they don't know if I fired him or he resigned, but stay tuned because it was a big fight, a big stink. So, the same day that block him out, within two hours, there's a former employee here that used to sit, I think, where you sit at, Mr. Manager, some kind of colonel. And -- or he claims he was, I don't know. Never would have want him in a firefight with me -- next to me, and he had just finished a deposition, I'm told. And within minutes, he's texting Jose, and that text is there, you know, sending him a little sweet message. Are you okay? I mean, he was all worried about him. So, we sat down and decided we were going to have some fun. And a few hours later, he tweeted something back to hint. And right back, he texted the colonel, and he said something to the effect, are you still working? Jose didn't answer. And, gee, that same night, he gets a call from the Colonel. He wants to help him. He could talk to him, whatever he wants. And then after the Colonel hung up, who does he get a text from? That imitator of Elvis Presley that we had here for six months. That's suing the City, the Manager most of us up here, another one of those texts, how worried he is about Jose. So, we had some fun up to an appropriate level. And just so that we would know, I don't want anybody else to know and get worried. We have copies of all those texts. We have the copies of the phone call and how worried they were about Jose. All right, Madam Chair. Chair King: Okay, so we're now on our PZ (Planning and Zoning) items, and does -- do we want -- do you guys have an appetite to pass PZ.1, 2, 3, 4, 5, 6 and 7? Victoria Mendez (City Attorney): Madam Chair -- Chair King: I know -- what? Ms. Mendez: PZ. 1 can't be like that, there has to be a hearing. Chair King: PZ what? City of Miami Page 160 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: PZ.1. Chair King: Has to be a hearing? Ms. Mendez: Yes. Chair King: Why? Oh, okay. Skip PZ.1 for right this second. PZ.2, 3, 4, 5, 6 and 7. Can we pass PZ.2, 3, 4, 5, 6 and 7? Guys? 2, 3, 4, 5, 6 and 7. Commissioner Reyes: Madam City Attorney, through the Chair, I have a Jennings Disclosure, and it's going to be from PZ.1 through PZ.27. Ms. Mendez: So, you spoke with persons -- Commissioner Reyes: Everyone. Ms. Mendez: Everyone. Commissioner Reyes: Everyone and their cousins. Ms. Mendez.: Anyone has an issue, they'll let us. Thank- you, Commission. Vice Chair Carollo: I have Jenning issues also. Either 1, or my staff -- and/or my staff have met with the applicants for the following items: PZ.1, PZ.15, PZ.16, and PZ.17. Chair King: I have Jennings Disclosure as well, 1 through 27. Commissioner Reyes: That shows that we are always here. Chair King: So how about it? Can I get a motion. for 2, 3, 4, 5, 6 and 7? Commissioner Reyes: What, 2? Chair King: 2, 3, 4, 5, 6 and 7? Iris Escarra: 7 has a friendly amendment. Commissioner Reyes.: Move it. Chair King: Second? Vice Chair Carollo: Second. Chair King: Second. 7 has a friendly amendment. Victoria, can you please read the titles of 2, 3, 4, 5, 6 and 7 into the record? Ms. Mendez: Yes, Madam Chair. PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.4. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 161 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.6. This item has a zoning covenant. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.7 is the resolution for the Wharf So, I don't have to read that. The Ordinance was read by title into the public record by the City Attorney. Chair King: You don't have to read it. And you have an amendment? Ms. Escarra: Yes. And if the resolution can include and authorizing the City Manager to execute a declaration of restrictive covenants in lieu of unity of title on the property, it's included in the backup, it just wasn't included in the direction. And we would ask that Condition 91, that the outdoor seating if any modifications to that outdoor seating warrant are sought, we have to get a new warrant and not a new exception. Chair King: Okay. So may 1 have -- I have a motion in a second. All in favor for PZ -- Todd B. Hannon (City Clerk): Chair, my apologies, Madam City Attorney, you mentioned something about a zoning covenant for PZ.6. Does that amend the legislation? Ms. Mendez: I don't know if it's changing. Is it already in the backup or -- Lakisha Hull (Director, Planning): Yes, it should be already included in the backup for record. Mr. Hannon: So then as is. Ms. Hull: As is. Commissioner Reyes: Yes. There's also covenant in 6 -- 5 and 6 right. Ms. Mendez:: 6. Commissioner Reyes: Yes in 6. That's right. Chair King: Okay. So, all in favor for PZ.2, 3, 4, 5, 6 and 7 with the amendment? All in favor? The Commission (Collectively): Aye. Chair King: Ken? Ave. Motion carries. Okay that's done. Motion carries unanimously. Okay, we're going to take PZ -- Ms. Mendez: Madam Chair, I just wanted to -- I apologize, but when everything goes fast, there's just one condition. Was there going to be, Mr. Manager, the noise condition on the Wharf? Arthur Noriega (City Manager): It's already referenced in the warrant. Ms. Mendez: Okay, thank you. City of Miami Page 162 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Thank you. PZ.3 ORDINANCE Second Reading 11325 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 "T5-O," URBAN CENTER -OPEN, TO "T6-8-O," URBAN CORE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14080 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see Item Number PZ.2. City of Miami Page 163 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.4 ORDINANCE First Reading 11616 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ARTICLE 6 "SUPPLEMENTAL REGULATIONS" AND APPENDIX J: Planning WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1") OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS" TABLE 13, APPENDIX J SECTION 2, TITLED "PURPOSE AND INTENT", APPENDIX J SECTION 3, TITLED "GENERAL TO ZONES", APPENDIX J SECTION 4, TITLED "STANDARDS AND TABLES" AND APPENDIX J SECTION 5, TITLED "SPECIFIC TO ZONES", TO ESTABLISH A PROGRAM FOR MICRO DWELLING UNITS IN THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1"); TO AMEND THE SCOPE OF REVIEW OF THE WYNWOOD DESIGN REVIEW COMMITTEE ("WDRC"); TO AMEND THE OFF-STREET PARKING REQUIREMENTS RELATING TO EXISTING STRUCTURES AND FOR NEW SMALL-SCALE DEVELOPMENT; TO AMEND THE REQUIREMENTS OF ATTAINABLE MIXED INCOME DEVELOPMENTS; TO AMEND THE SMALL BUILDING PARKING STANDARDS; TO AMEND ROOFTOP DEVELOPMENT STANDARDS; AND TO AMEND THE REQUIREMENTS FOR PAINTED ART MURALS; 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, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.2 and "Public Comments for all Item(s)." City of Miami Page 164 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.5 ORDINANCE Second Reading 10957 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14081 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.2. PZ.6 ORDINANCE Second Reading 10958 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14082 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ.2. City of Miami Page 165 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.7 12171 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, FOUR (4) EXCEPTIONS, FIVE (5) WARRANTS, AND FIVE (5) WAIVERS AS FOLLOWS: 1. AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO PERMIT, WITH CITY COMMISSION APPROVAL, A LODGING ("HOTEL") USE; 2. AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-5 AND 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT ("NIGHTCLUB") IN EXCESS OF 5,000 SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; 3. AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-5 AND 4-7(C) OF THE CITY CODE TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT ("GROUND LEVEL BAR") IN EXCESS OF 5,000 SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; 4. AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-5 AND 4-7(C) OF THE CITY CODE, AS AMENDED, TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT ("ROOF TOP BAR") IN EXCESS OF 5,000 SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; 5. A WARRANT PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT A FOOD SERVICE ESTABLISHMENT ("RESTAURANT 1"); 6. A WARRANT PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT A FOOD SERVICE ESTABLISHMENT ("RESTAURANT 2"); 7. A WARRANT PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT A GENERAL COMMERCIAL USE ("FISH MARKET"); 8. A WARRANT PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT A PLACE OF ASSEMBLY ("EVENT SPACE"); 9. A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF THE MIAMI 21 CODE TO PERMIT OUTDOOR DINING; 10. A WAIVER PURSUANT TO SECTION 7.1.2.5(A)(29) OF THE MIAMI 21 CODE TO PERMIT A 10% DECREASE IN THE PRINCIPAL FRONTAGE SETBACK FOR A PORTION OF THE PROJECT; 11. A WAIVER PURSUANT TO ARTICLE 4, TABLE 4 OF THE MIAMI 21 CODE TO ALLOW AN UP TO 50% PARKING REDUCTION FOR PROPERTIES LOCATED WITHIN A TOD; 12. A WAIVER PURSUANT TO ARTICLE 4, TABLE 5 OF THE MIAMI 21 CODE TO ALLOW THE SUBSTITUTION OF LOADING BERTHS TO EXCHANGE ONE (1) COMMERCIAL BERTH FOR TWO (2) RESIDENTIAL LOADING BERTHS; 13. A WAIVER PURSUANT TO ARTICLE 4, TABLE 4 OF THE MIAMI 21 CODE TO ALLOW PARKING TO BE LOCATED OFFSITE WITHIN 1,000 FEET OF THE PROPERTY; AND 14. A WAIVER PURSUANT TO SECTION 5.10.2(G) OF THE MIAMI 21 CODE TO PERMIT EXTENSIONS ABOVE THE MAXIMUM HEIGHT City of Miami Page 166 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 FOR STAIR, ELEVATOR, AND MECHANICAL ENCLOSURES, AT REAL PROPERTY DESIGNATED "D3" WATERFRONT INDUSTRIAL DISTRICT ZONE GENERALLY LOCATED AT 114 AND 200 SOUTHWEST NORTH RIVER DRIVE AND 300 SOUTHWEST 2 STREET ("PRIVATE OWNED PARCEL"), AND 236 AND 298 SOUTHWEST NORTH RIVER DRIVE, ("CITY OWNED PARCEL"), MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY") MORE PARTICULARITY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0302 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.2 and "Public Comments for all Item (s). " PZ.8 ORDINANCE Second Reading 12009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, Planning TITLED "GENERAL TO ZONES", TO ESTABLISH AN AFFORDABLE HOUSING TRANSFER OF DEVELOPMENT DENSITY PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14083 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 Chair King: What remains is PZ.8. Commissioner Russell: I'll move it. Commissioner Diaz de la Portilla: We have something else after that, right? Chair King: Yes, after PZ.8 then we have PZ.15 through 27, which is MFP (Miami Freedom Park). So, let's hear PZ.8 right now. I believe the Planning Department has a presentation. Commissioner Russell: Would you like a motion on it, Madam Chair? Chair King: May I have a motion? City of Miami Page 167 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll second it. Chair King: So, I have a motion by Commissioner Russell. Second by Commissioner Alex Diaz de la Portilla. Ms. Hull. Ms. Hull: Good evening, Lakeisha Hull, Planning Director. So, in regards to PZ Item 8, wanted to provide some background in regards to what is before Commission. So, if you recall, on March 24, 2022, City Commission passed a resolution that incentivized the transfer density for Block 55. And so that started the research and the development of the draft ordinance that's before Commission today. We had our first reading as well, June 23rd, on this legislation. So, with Block 55, if you recall, it's an attainable mixed income housing project, and that project is achieving mixed income units in regards to meeting moderate income levels and also lower income levels. And so because the development itself was not able to achieve all the development potential the transfer of the density of the development rights is something that we wanted to bring for you in text legislation updates. And so right now, we have, as part of the draft legislation, Administration put together legislation that is allowing for the transfer of the density to go to eligible sites, which right now is located in T5, T6 CI - HD (Civic Institutional -Health District) Transect Zones, in TOD (Transfer of Development) areas or in the transit corridors, and also on sites that are eligible to receive density per their future land use map. So, Madam Chair; that's a quick overview of this item. Chair King: Mr. Vice Chair; I'm going to start with you. Do you have any comments? I have a motion and a second. You ready? Are we ready to vote on it? All in favor? Nicole Ewan (Assistant City Clerk): Chair the title -- Chair King: Madam City -- no, the titles were already, read, weren't they? Victoria Mendez (City Attorney): Not this one. Chair King: Not this one? Go ahead. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: My only question is because I made a motion for the purpose of the schedule. How much do we lose in this new concept versus the one that we have in place? Has the Administration done the analysis for us, because I'm concerned that this will certainly help some developers out but is not going to gain us any additional dollars, maybe loses dollars', that we are now getting with the process that we have in place. I don't know if you've done that analysis or not. Ms. Hull: Sir. I'll start off here (UNINTELLIGIBLE) City Manager if you want to add anything else. So, we did do an analysis of the eligible sites for each CRA (Community, Redevelopment Agency) area. And so as of today, we see that there are 5 sites available in the Southeast Overtown CRA and there are 4 sites, and so based on that evaluation, these sites have potentially built out all of their eligible density. And so there is remaining surplus density on the table. And so that's the density that's not going to be able to be built. And what we gathered in the research, sir, is that that density will help to offset the subsidies of those affordable units if they were able to transfer. So, it's a way to be able to help the transactions of building affordable units onsite in a way that helps to subsidize it even more without having to use additional CRA funds. City of Miami Page 168 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: But this transfers can only he done in the CRA areas? Ms. Hull: As the legislation is written right now, it starts off in the CRA areas and they can transfer the density to the eligible sites that's on a transit corridor or TOD area, sir. Vice Chair Carollo: And it could only be done between developers? Ms. Hull: Developers that meet the requirement of building affordable, attainable mixed income units. Yes, sir. Commissioner Reyes: Madani Chair. Chair King: Sir. Commissioner Reyes: Yes, I had a question and I think that it was answered. This transfer could only apply to those whole buildings that are there being filled. It's going to be used -- because I don't want those transfers to be transferred to my district. Chair King: Commissioner Reyes, I think you should allow staff to answer that question. Commissioner Reyes: Okay. Vice Chair Carollo: I thought they did. Chair King: They did, but he's asking -- Commissioner Reyes: No, I'm making sure because we agree that it was going to be east of I-95. Chair King: Ms. Hull? Ms. Hull: I'm sorry, Madam Chair. Chair King: Commissioner Reyes has a question. Commissioner Reyes: Is that east of I-95? Ms. Hull: Yes. The properties that we were able to evaluate and assess are east of I- 95. Commissioner Reyes: Okay. Areas of our tall buildings that, you know, like -- okay. Vice Chair Carollo: As I understood, they were only going to be in the CRA areas. Ms. Hull: The projects that are able to benefit from the transfer density, sir, they have to be in CRA boundaries starting off.' Those are the eligible sites. Vice Chair Carollo: Will it be both of our CRAs there or just Southeast Overtown? Ms. Hull: Both, sir. Chair King: Okay. Vice Chair Carollo: What is the Administration say in this? City of Miami Page 169 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Arthur Noriega (City Manager): No, 1 mean, we fully support it. There's also another sort of, 1 don't know if you want to call it an unintended benefit, but as those transfer development rights are transferred to the receiving party or receiving property, it actually will increase the value of that property. Therefore, the tax benefit to the city increases as well. So, there's actually another ancillary benefit to the city as well. Vice Chair Carollo: Do you have any clients that want to speak to this? Chair King: No. Vice Chair Carollo: I see you got some that have come in late at night. Chair King: No. Melissa Tapanes: Through the Chair, just one item. I wanted to just mention that today the City of Miami does not have a TDD (Transfer Development Density) program that is outside historic preservation. So, this is the new concept. Vice Chair Carollo: Alright. The Chairwoman is sponsoring this, and I will back her. Chair King: Thank you. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.9 ORDINANCE Second Reading 12007 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 ZONING CODE" ), MORE SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.5.2 AS IT RELATES TO GROUND FLOOR HEIGHT ALLOWANCES, IN ORDER TO CORRECT INCONSISTENCIES AND PERMIT ADDITIONAL FLEXIBILITY IN THE DESIGN OF BUILDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14084 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 Chair King: Gentlemen, can we take up PZ.9, 10, 11, 12, 13 and 14. Would that be okay? Commissioner Russell: 10 and 11 were deferred I believe. Commissioner Diaz de la Portilla: 13 and 14. Chair King: No. No, no, no. City of Miami Page 170 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: 9, 10, 13 and 14, right? Chair King: No. 11 and 12 are in play as well. 9, 10, 11, 12, 13 and 14. Can we take those up? Victoria Mendez (City Attorney): I believe -- 10 was reset, Madam Chair. Chair King: Oh, 10 was deferred. 10 is deferred. So it's 9, 11, 12, 13 and 14. Can we take those up right now? Ms. Mendez: 9 -- Chair King: 11, 12, 13 and 14. Ms. Mendez: 9, 11, 12, 13 and 14. Okay. Commissioner Diaz de la Portilla: 11 is Brickell City Center. Chair King: 11 and 12. Commissioner Diaz de la Portilla: Was that not deferred? Chair King: No, it was not. Ms. Mendez: Okay, PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.11. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.12, an ordinance of the Miami City Commission -- Chair King: Did you do 11? Oh, that was just eleven. Ms. Mendez: That was 11 and then 12, I believe is also associated with the -- Chair King: It is a companion item. The Ordinance was read by title into the public record by the City Attorney. Commissioner Russell: 1'll move -- or is that the only one? Chair King: No, she has 13 and 14. Commissioner Russell: You want them all together? Chair King: Yes. Ms. Mendez: 13. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.14. Ordinance read into the record. City of Miami Page 171 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Thank you. May 1 have a motion? Commissioner Russell: So, moved. Madam Chair, though, I don't want to speak on behalf of anyone else's district for those items. Certainly, I'm ready to move the PZ.11 and 12 in my district, but I'd like to defer to the commissioners of those districts if there's any issues with those items. Commissioner Diaz de la Portilla: Well. Pm sorry. Chair King: Do 1 have a second? Commissioner Russell: I mean, I could start simply by moving PZ.11 and 12 if you like. Commissioner Diaz de la Portilla: No, I want to discuss some of this. I'll second it for discussion purposes. Chair King: Perfect. Commissioner Diaz de la Portilla: So second it for discussion purposes. But PZ.9. Who's representing the applicant for PZ.9? Ms. Mendez: The City is the applicant, Commission. Commissioner Diaz de la Portilla: What? Ms. Mendez: The city -- Commissioner Diaz de la Portilla: And what does it do? Ms. Mendez: Mr. Snow. David Snow: Good evening. David Snow, assistant Planning director. PZ.9 is an amendment to Miami 21 to allow for ground floor height of 25 feet for all uses. Commissioner Diaz de la Portilla: Is that the one that increases density? Mr. Snow: No, that's PZ.8. Commissioner Diaz de la Portilla: PZ.8? Ms. Mendez: Which we did not address. Commissioner Diaz de la Portilla: Okay. Because you're going so fast and you're eating cake and I know you get hungry and it's 7:17. I want to make sure we go one by one, including the Brickell City Center. I think the lawyer is there to -- representing Brickell City Center, Mr. Diaz. Ijust want to make sure that we cover all of them the right way. Like my friend Commissioner Carollo says, I may have failed to take my smart pill today. My smart pill, I didn't take it either today. So, I want -- walk me through it to make sure -- Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: I know, I know, I took it from you. I got it from you. So, I want to know PZ.9 is just -- Chair King: Text amendment. City of Miami Page 172 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: The text amendment. Okay. And then PZ.10 is not - Chair King: Deferred. Commissioner Diaz de la Portilla: Deferred. PZ.11 ? Chair King: Brickell City Center. Commissioner Diaz de la Portilla: PZ.12 Brickell City Center. Chair King: Uh huh. Commissioner Diaz de la Portilla: Okay. (COMMENTS MADE OFF RECORD) Chair King: No, no, no, no, no, we're trying to block them. We're grouping those. Commissioner Diaz de la Portilla: They're grouping. And the other one is 13 and 14, right? Chair King: Yes. (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: Okay, 13 and 14 is yours -- your district. Chair King: Yes. Ms. Mendez: 13 and 14 is a pocket park. Commissioner Diaz de la Portilla: But 20th street was in my district too. But -- Commissioner Reyes: No, no, no, listen. You could do what -- I mean, you have all the right to ask, but I want to explain what it is. Commissioner Diaz de la Portilla: Okay. But I was going to move -- Commissioner Reyes: This is -- Chair King: He's going to move it. Let's move it. Commissioner Diaz de la Portilla: Yeah, its done. Commissioner Reyes: It's done? But this is a future park. Chair King: Yes. Commissioner Reyes: It's a future park. Chair King: So, I have a motion and a second. Vice Chair Carollo: A little bit of information. Since none of us were here, maybe Russell could have been here, but none of us were. And, you know, the way that throughout the time you forget, it seems to me when my brother is here, he did City of Miami Page 173 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 something to help negotiate a fire station at the Brickell Center into the future. Whatever happened with that? Do any of you guys know anything about that? Commissioner Reyes: No. I didn 't. Vice Chair Carollo: You do now. Spencer Crowley: Commissioner Spencer Crowley, 98 Southeast 7th Street, here representing Swire Properties. You're correct. There was an agreement to put a fire station in a separate phase of Brickell City Center. After we made that agreement, it became clear that that phase wasn't progressing as quickly as we all thought it might. And so we met with a fire station and agreed to do a temporary fire station. And so we've been in permitting with the City for two years to permit a temporary fire station on a vacant lot. We resolved a significant issue, or significant to the city, a couple of months ago, and the building permit has been reactivated. We're working through the comments, and as soon as the city issues the building permit, we'll start building. Vice Chair Carollo: Thanks Spencer. Mr. Crowley: Yes, sir. Ms. Mendez: But you're still going to do the permanent one at some point, correct? Mr. Crowley: Yeah, correct. Ms. Mendez: Okay. Mr. Crowley: Temporary is temporary -- Ms. Mendez: No because sometimes temporary turns into not temporary. Vice Chair Carollo: It's not seven years plus two years after (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Is there a timeline for that? Mr. Crowley: Well, I mean, like the temporary station, we're just trying to get that open as fast as we can. We don't really have a timeline for the permanent station. But the permanent station, the model for that is what they did on Coral Way. Commissioner Diaz de la Portilla: Right. Mr. Crowley: Where they have a fire station in the back. So, it's similar. It's going to be a lot taller building, but that's sort of the idea. Vice Chair Carollo: That's a good partnership. Mr. Crowley: Thank you all. Vice Chair Carollo: Thank you. Appreciate it. Mr. Crowley: Yes, sir. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries for PZ.9, 11, 12, 13, and 14. City of Miami Page 174 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.10 ORDINANCE First Reading 12006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21") BY AMENDING ARTICLE 1, TITLED "DEFINITIONS", AND ARTICLE 3, TITLED "GENERAL TO ZONES", TO ALLOW THE TRANSFER OF DENSITY TO WATERFRONT LOTS WHERE ADDITIONAL PUBLIC BENEFITS RELATED TO RESILIENCY AND SUSTAINABILITY ARE PROVIDED AND CERTAIN PARKING AND FRONTAGE CONDITIONS ARE MET; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.10 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day" and "Public Comments for allltem(s)." PZ.11 ORDINANCE First Reading 12008 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Commissioners APPENDIX E, BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC and Mayor SAP") OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO APPROVE THE FOURTH AMENDMENT TO THE PREVIOUSLY APPROVED "BCC SAP"; TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES FOR THE PROPERTY GENERALLY LOCATED AT 799 BRICKELL PLAZA, 700 BRICKELL AVENUE, AND 710 BRICKELL AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ.9 and "Order of the Day." City of Miami Page 175 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.12 ORDINANCE First Reading 12064 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RECOMMENDING APPROVAL OF A THIRD Planning AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC. ("APPLICANT"), AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA ("CITY"), BY MODIFIYING THE EXISTING SAP REGULATING PLAN, AS AMENDED AND DESIGN GUIDELINES TO REFLECT CERTAIN REVISED BUILDING PARAMETERS FOR THE ONE BCC SIGNATURE OFFICE CONCEPT, LOCATED AT APPROXIMATELY 700 BRICKELL AVENUE, 710 BRICKELL AVENUE AND 799 BRICKELL PLAZA, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.9 and "Order of the Day." City of Miami Page 176 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.13 ORDINANCE First Reading 12301 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 "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 minutes referencing Item Number PZ.13, please see Item Number PZ.9. PZ.14 ORDINANCE First Reading 12302 AN ORDINANCE TO 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3- R" SUB -URBAN TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, 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: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.9. City of Miami Page 177 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.15 ORDINANCE First Reading 12216 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 "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND" RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Chair King: And now we will get to PZ.15 -- because I -- wait. Vice Chair Carollo: What time is it? Chair King: It's 9:26. Commissioner Diaz de la Portilla: Can we take a 35 minute break? Unidentified Speaker: I'm going to sound like an auctioneer. Chair King: What I'm going to do to give us a break is to have our City Attorney read the titles into the record, because they all need to be read into the record. Vice Chair Carollo: Okay, this would be the last item of the night. Chair King: These are the last items of the night -- Vice Chair Carollo: Some of us will turn into pumpkins. Chair King: That's right. PZ.15 through 27. So, Madam City Attorney, if you can begin to read the titles into the record -- Commissioner Diaz de la Portilla: 10 minute break -- Chair King: Just -- they are just reading we don't -- Victoria. Mendez (City Attorney): My pleasure. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 178 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Mendez: That's the flume for MFP (Miami Freedom Park). The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: The SAP (Special Area Plan), an Ordinance -- PZ.16. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.16 -- PZ.17. The development agreement. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.18, an Ordinance -- these begin all the no net loss items. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.19. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.20. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.21. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.22. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.23. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.24. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez.: PZ.25. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.26. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.27. The Ordinance was read by title into the public record by the City Attorney. Iris Escarra: Chairwoman, members of the City Commission Iris -- Chair King: Hold on a second. Hold on. I haven't recognized you. May I have a motion to -- oh, I don't even have a quorum, so we just have to wait a minute. City of Miami Page 179 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 David Snow: Madam Chair? (COMMENTS MADE OFF RECORD) Chair King: Yes, I have a motion and a second. Okay, and I believe Mr. Snow wants to say something. Mr. Snow: We have just an updated document that we need to provide on the floor. This is a document that was presented to PZAB (Planning, Zoning and Appeals Board), did not make the print deadline, but it's the staff report, so it includes updated conditions and an updated graphic. Chair King: Okay, can you pass those out? At this time, 1 believe we will hear from the applicant. Ms. Escarra: I've been waiting 'bur years to do my zoning presentation on this. Rick got all the lease limelight. So thank you very much, Chairwoman, Iris Escarra with Brian Dombrowski, and offices at 333 Southeast 2nd Avenue. The site plan is the one that many of you have already seen with regards to the proposed stadium, garage, retail village, hotel, and office uses. I'm happy to dig deeper into the site plan, but with the short period of time, I'd like to put onto the record that we have staffs recommendation, Planning, Zoning and Appeals Board recommendation, Urban Design Review Board's recommendation. I did need to put into the record with regards to the rezoning, we are asking for 22.908 acres to be un-zoned from CS (Civic Space) and pursuant to the latest numbers, which includes an amendment to Item PZ.22 and 23 to be reduced from 6.1 to 5 acres, there is still a surplus with the new zoning of 25.886 acres. As such, with regards to no net loss, there is still an overage of approximately three acres of land that will be converted to parks in connection with the rezoning that's occurring within the leased premises, as well as in the city controlled portion of the Special Area Plan. The special area plan also includes a companion development agreement. The development agreement is the typical standard development agreement that complies with Florida statutes. It also includes the closure of roads that are located within the Special Area Plan, leased premises, as well as the park. It includes the eligibility for outdoor signage, retail specialty center for alcohol service establishments, the stadium specialty center, and temporary special events. With that said, our whole team is here to make a presentation. To the extent you all have any questions, I'd like to answer them. Commissioner Russell: Madam Chair. Thank you. My question with regard to the no net loss, this is very complicated for everyone to grasp who may be a layman within this. I just want to make sure that the promises made during the lease portion which identified the no net loss sites, and the acreage therein is staying true, that we're not bending on this, that we're not reducing it. The net amount, I noticed there are some changes in some of the shapes and sizes of the various pieces. I need to know for sure that when we rezone this, that all of it is at the same level as what was agreed in the lease. I don't know. Ms. Escarra: Is it on now? Commissioner Russell: Yes. Ms. Escarra: Yes. So, the only difference that occurred between the lease and today was that an additional parcel of land was actually added at the direction of the Commission in order to have an opportunity here for the city to redevelop this site in the future. Commissioner Russell: How many acres? City of Miami Page 180 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Escarra: As a result, this is 2.131 acre increase on the unzoning, raising it to 22.908. You may remember it was always 20, you know, that we were unzoning. Then the same parcels -- this parcel, 150 Northeast 19th Street, was expanded. Originally, it was a portion of the site. This site was increased to incorporate as there is another project coming in here. This site, over by the Marlins, was also expanded to add three additional lots that had been acquired by the city in the interim of our process. The Rickenbacker site is still the same. This site is the new site that got added, which is 2.662 acres, which was to compensate for the City's administrative parcel being added. So, this was an overage. This one had a little extra. It's 2.662. This parcel was originally 6.1 acres. This is what everybody refers to as the GSA (General Services Administration) site. This allows for the fire and the parks offices to remain. This is actually only the open space. This, pursuant to recent discussions, was reduced to 5 acres, still leaving an overage of 3 acres. Right, so, it's 25.886 compared to 22.908. So, there is still an increase in net total park space. Commissioner Russell: Thank you. Chair King: Mr. City Attorney. I'd like to know -- are you there? I can't see you. Okay, I'd like to know if the public benefits that were discussed have been incorporated into the community benefits package language. Ms. Escarra: Madam Chair. In the development agreement, item paragraph 14, it includes a list of all the public benefit items, and it's referenced to the lease. So in that paragraph, it goes item by item as to the park fund, the baywalk, the public, but it refers to the lease so that there wasn't any confusion in the language. Chair King: I want to make sure that the City Attorney's Office knows that, and I want it on the record because there were several asks that I had from District Five. Amber Ketterer: So, in the development agreement, there is a paragraph regarding community benefits, and it simply lists the community benefits and refers to the lease. We have asked to incorporate more details in that section. Chair King: What does that mean? It's late, and I think you just spoke to me the way I write my legal papers. You said a lot of words, but I don't know what you said. Ms. Ketterer: There's an item on tonight's agenda related to the development agreement. In that development agreement, it will have the community benefits. Chair King: Okay, so there were several community benefits in particular that I asked for and Madam City Attorney Mendez said, I will capture everything you said in the community benefits so that the applicant will be held to making sure that we receive what was asked. I want to know if that has been done. Ms. Mendez: Madam Chair, on that issue, and I told you at the lease time that a lot of the words in the lease are, aspirational. We still are, adding language to the lease to make sure that it's clearly captured with regard to your District Five minority participation, with regard to the felon participation. Those things are the ones that and it's not clear. I'm telling you right now, it's not clear in the lease. And we've gone back and forth on that. Chair King: So, what happens if we take action tonight? It's not clear in the lease because I don't want to be caught in legalese and well, it wasn't clear, and it doesn't really say that now. Ms. Mendez: (UNINTELLIGIBLE) -- City of Miami Page 181 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: I thought by now we would have had that so that we're ready to go, because this is it. If it's not -- Ms. Mendez: I agree -- Commissioner Diaz de la Portilla: No, it's not it. Ms. Escarra: We have second reading -- Chair King: Oh, this is first reading? Ms. Escarra: I come back in September. Commissioner Diaz de la Portilla: It's not it, -- no. She's got to get it right before. Chair King: That makes a bit of difference. It's first reading, but I don't want to have happen what happened to me last week with staff And this one doesn't know what that one is doing. And I don't want my community to be punished because -- Commissioner Diaz de la Portilla: Hoodwinked. Chair King: Punished because then they won't receive the benefits that I've negotiated because this one doesn't know what that one is doing. I don't want that issue. 1 want to make sure that's all clear tonight. Ms. Mendez: Right. I'm clear on what you want. Is Mr. Perez here? I want you to be clear. Ms. Escarra: We're clear. Commissioner Diaz de la Portilla: They are clear. Ms. Mendez: No, because there -- a lot of the stuff is aspirational right now. So -- Chair King: My stuff was not -- my stuff was not aspirational. Commissioner Diaz de la Portilla: Pm sorry. What does that mean? Ms. Mendez.: What it means -- Commissioner Diaz de la Portilla: Aspirational? Commissioner Russell: We hope. Ms. Mendez: As they've drafted the provisions -- Commissioner Diaz de la Portilla: Well, they got to drafted -- no then, I'm sorry. Ms. Mendez: It was aspirational. As we want to draft the provisions they're not. Commissioner Diaz de la Portilla: Then you draft it. Chair King: I don't believe my provisions are aspirational. Ms. Escarra: Not with the edits. Madam Chair, if I may, we reviewed that language and we have new edits to provide in accordance with the language that we discussed. We have not provided them yet because we're waiting for comments back. City of Miami Page 182 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: But stop -- if I may, Madam Chair, on your behalf. I know you can do it on your own, hut -- stop the games. She says what she wants to do. She was very clear. The Chairwoman was very clear. It's not aspirational. She was direct. It's what she wants. It's not aspirational. It not we hope. It's what she wants. You know what she wants. You know what she wants. Put it in the language between now and second reading. Chair King: I can write it myself -- Commissioner Diaz de la Portilla: No -- Chair King: And it won't be aspirational. Commissioner Diaz de la Portilla: Then you go there and you write it yourself. But that's their job because that's what they promised. John Greco (Deputy City Attorney): Madam Chairman, may I -- Commissioner Diaz de la Portilla: Do you agree to that, Ms. Escarra? Ms. Escarra: I do. Commissioner Diaz de la Portilla: Okay. That's it. Mr. Greco: Just to clarify the point. In the development agreement are a list of the items that I believe you're referencing. What it is, is they do need more explanation because, for example, it'll say that they'll establish a program, but it doesn't say what the program is. So, to that extent, that needs to be filled in. So, I just want to make sure that we were clear on that point. It does have a list. It doesn't have enough information with respect to each item. Chair King: Okay, so between now and second reading because if it comes back second reading and it's not clear, I'm going to defer it. Ms. Mendez: Mr. Perez, you heard that. Thank you. I'm making it very clear. Commissioner Diaz de la Portilla: Can you make a promise we'll never hear the word aspirational again moving forward? Ms. Mendez: I just wanted to tell you how they were drafting it. So, I needed that to be clear and I wanted them to hear the Chairwoman's direction. Chair King: I have a motion in a second. Does anyone else -- Commissioner Diaz de la Portilla: No. Chair King: Would anyone else like to make comments? Commissioner Reyes: Yes, ma'am, I have a comment, and I want you to make sure that it's not aspirational, because I still remember -- clearly remember the first day that this project came in here. I had a lot of questions. One of my question, is it's going to cost the City anything? No, not a single penny. Are you going to replace all the net loss? I promise I'll replace all the net loss. Are we going to have periodical evaluation of the land? Yes, we have -- we are going to have. Nothing of those has been committed. So, you better -- everything that you ask have it in writing because none of the promises that were made the first day that it came in and it was voted to get into the ballot were kept. And they have made a mockery of no net loss. We are City of Miami Page 183 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 paying for our own land. And that land has a cost, has a value, that that value should he included as a cost to the city. And it's costing the city. And they know appraisals. No more appraisals when it was promised sometimes. And so make sure, Madam City Attorney, that you get it, because if not, you're not going to get it. Ms. Escarra: Madam Chair, if I may, if everything's being approved at the same time, there's only one item, PZ.22 and 23, that would have to be approved as amended. Everything else is how it is in the backup. Chair King: Thank you. Are we ready to vote? Commissioner Diaz de la Portilla: I'm ready. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Commissioner Reyes: No. Chair King: Aye. One no. Motion carries. Ms. Mendez: And which -- (UNINTELLIGIBLE) amendment did you -- Ms. Escarra: PZ.22 and 23 as amended. Chair King: As amended. Ms. Escarra: Because there's a reduction in the area from 6.1 to 5. Ms. Mendez: Right, but is that already in the backup? Like, was that said anywhere? I don't remember hearing it. Commissioner Diaz de la Portilla: No, as amended is the only change she's making. Ms. Mendez: Okay. Can you just state the -- Ms. Escarra: PZ.22 and PZ.23 included a comp plan and a rezoning of 6.1 acres of land, that is being reduced to 5 acres of land. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: Correct. That's it. Chair King: That concludes the City of Miami Commission meeting for July 28th, 2022. See you in September. City of Miami Page 184 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.16 ORDINANCE First Reading 12217 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS OF APPROXIMATELY 130 ACRES (5,677,404 SQUARE FEET) FOR THE DEVELOPMENT OF THE "MIAMI FREEDOM PARK SPECIAL AREA PLAN" ("SAP"), LOCATED AT APPROXIMATELY 1400 NORTHWEST 37 AVENUE AND A PORTION OF 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; THE SAP CONSISTS OF THE APPROVAL OF A SOCCER STADIUM, NEW LODGING USE ("HOTEL"), COMMERCIAL SPACE, OFFICE SPACE, PARKING SPACES, PEDESTRIAN PROMENADE, PLAZA, GREEN CIVIC SPACE TYPE, AND A PUBLIC PARK; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PROPERTY AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER CHANGING THE ZONING TRANSECT OF THE ACREAGE DESCRIBED HEREIN AND IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM "CS", CIVIC SPACE TRANSECT ZONE, TO "CI", CIVIC INSTITUTIONAL TRANSECT ZONE, AND TO "T6-8-O", URBAN CORE — OPEN TRANSECT ZONE; ALL AS FURTHER DESCRIBED IN THE REGULATING PLAN AND CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBITS "B" AND "C'; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.I5. City of Miami Page 185 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.17 ORDINANCE First Reading 12218 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI FREEDOM PARK, LLC AND THE CITY OF MIAMI TO GOVERN THE LEASED PORTION OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY SEVENTY- THREE (73) ACRES OF PROPERTY LOCATED AT APPROXIMATELY 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ("PROPERTY") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH PROPERTY FOR A SOCCER STADIUM, PARKING GARAGE, AND OTHER USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, RETAIL, AND OFFICE, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A 25,000-SEAT SOCCER STADIUM, A PARKING GARAGE CONTAINING 4,960 PARKING SPACES WITH ROOFTOP SPORTS FIELDS, MIXED USE RETAIL AND COMMERCIAL, A HOTEL, AND OFFICES; THE SAP DEVELOPMENT SHALL CONTAIN A MINIMUM OF 6.55 ACRES OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND WITH THE MODIFICATIONS STATED HEREIN FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.15. City of Miami Page 186 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.18 ORDINANCE First Reading 12219 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.15. PZ.19 ORDINANCE First Reading 12220 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.15. City of Miami Page 187 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.20 ORDINANCE First Reading 12221 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.15. PZ.21 ORDINANCE First Reading 12222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.21, please see Item Number PZ.15. City of Miami Page 188 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.22 ORDINANCE First Reading 12223 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.22, please see Item Number PZ.15. PZ.23 ORDINANCE First Reading 12224 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI -HD", CIVIC INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.23, please see Item Number PZ.15. City of Miami Page 189 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.24 ORDINANCE First Reading 12225 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.24, please see Item Number PZ.15. PZ.25 ORDINANCE First Reading 12226 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 "Cl", CIVIC INSTITUTION TRANSECT ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.25, please see Item Number PZ.15 and "Public Comments for all Item(s)." City of Miami Page 190 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 PZ.26 ORDINANCE First Reading 12227 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.26, please see Item Number PZ.15. PZ.27 ORDINANCE First Reading 12228 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF REAL PROPERTY GENERALLY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.27, please see Item Number PZ.15. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 191 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 FL - FUTURE LEGISLATION FL.1 12275 Department of Planning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE VI, SECTION 62- 22, TITLED "ZONING AND PLANNING FEES/SCHEDULE OF FEES"; SECTION 62-23 OF THE CITY CODE, TITLED "ZONING AND PLANNING FEES/REQUEST FOR REVIEW AND APPEAL"; SECTION 62-25 OF THE CITY CODE, TITLED "ZONING AND PLANNING FEES /WAIVER AND REFUND OF FEES"; AND ARTICLE VII, SECTION 62-32 OF THE CITY CODE, TITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/SCHEDULE OF FEES," TO PROVIDE THE YEARLY REVIEW OF FEES AND ASSOCIATED LANGUAGE WITHIN SO THAT ADJUSTMENTS, IF NECESSARY, ARE MADE AS PART OF SOUND FISCAL AND PROCESS MAINTENANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 192 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.1 12381 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE 1983 INTERLOCAL AGREEMENT ("AMENDED ILA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY"), AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AS MODIFIED BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO COUNTY RESOLUTION R-654-22 IN AN EFFORT TO FINALIZE THE EXTENSION OF LIFE OF THE SEOPW CRA UNTIL MARCH 21, 2042; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE SEOPW CRA TO ENSURE A COPY OF THIS RESOLUTION AND THE AMENDED ILA ARE TRANSMITTED TO THE COUNTY FOR ANY ADDITIONAL REQUIREMENTS THAT MAY BE NEEDED AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0303 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: -- City of Miami Commission meeting for July (INAUDIBLE) 2022 will now resume. At this time, I would like to take up the pocket items. Victoria, can you read those items into the record, please? Victoria Mendez (City Attorney): Yes, Madam Chair. There's the one for the Southeast Overtown/Park West. And that one is a resolution of the Miami City Commission with attachments approving and authorizing the City Manager to execute the Second Amendment to the 1983 Interlocal Agreement and substantially the attached form attached as Exhibit A between the City of Miami, Miami -Dade County and the Southeast Overtown/Park West Community Redevelopment Agency as modified by the Board of County Commissioners pursuant to County Resolution R- 654-22 in an effort to finalize the extension of life of the Southeast Overtown/Park West CRA until March 21, 2042; further directing the City Manager to work with the Executive Director of the Southeast Overtown Park West CRA to ensure a copy of this resolution and the amended ILA (Interlocal Agreement) are transmitted to the county for any additional requirements that may be needed and providing for an effective date. There may be a scrivener's error on the date in the sixth whereas that we put 2024, but as I read before, it's 2042. Thank you. Chair King: Thank you. May I have a motion? Commissioner Reyes: Move it. Chair King: Second? All in favor. City of Miami Page 193 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.2 12382 Office of the City Clerk The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And, Madam City Attorney, can we just adopt that with modifications to take care of the date? Ms. Mendez: Yes. Mr. Hannon: Thank you, Chair. Chair King: Okay, so the extension -- Victoria, what are you saying? Ms. Mendez: 1 -- finish, Madam Chair, and then I'll ask you something else. This is fine for this one. Chair King: Okay. So the extension for the Southeast Overtown/Park West CRA is now approved. Thank you. Thank you, guys. We'll be able to do some wonderful things in the Overtown community with this extension. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Yariel Diaz Commissioner Alex Diaz de la Portilla ENACTMENT NUMBER: R-22-0304 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Chair King.. The next item we're going to take up is PL2. Todd B. Hannon (City Clerk): Thank you, Chair. PI.2 is an appointment to the Community Relations Board. Commissioner Diaz de la Portilla will be appointing Yariel Diaz. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: Thank you, Chair. City of Miami Page 194 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.3 12383 City Commission RESOLUTION A RESOLUTION OF THE CITY OF MIAMI DIRECTING THE CITY MANAGER TO DIRECT THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS TO REPAIR THE SIDEWALK LOCATED IN FRONT OF THE CITY OF MIAMI OWNED PROPERTY LEASED BY SHAKE -A -LEG. ENACTMENT NUMBER: R-22-0305 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Commissioner Russell: Madam Chair. Chair King: Yes. Commissioner Russell: 1'd like to add a pocket item. It is of a timely, urgent nature. Chair King: Okay. Commissioner Russell: If the will of this Board is there. We celebrated the Americans with Disabilities Act anniversary this week, which was signed into law by George Bush many, many years ago. We did the celebration at Shake -A -Leg, which is on city property, which actually services the disabled. And I was very disheartened to see that the sidewalk on city land in front of such a facility for years now, has been neglected, is still broken, and a wheelchair could not get over it if their life depended on it. I'd like to give direction to the management to utilize our Public Works Department to repair this sidewalk in an urgent manner. Apparently, the City can't decide whose jurisdiction or responsibility it is to fix or replace. Whether Shake -A -Leg, whether 1VIPA (Miami Parking Authority), I'm saying it's City property. I'm saying it's a life safety issue. It's an access issue. It's an ADA issue, and I'd like to give that direction to the Manager, please. Ors the will of the body. Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: It is done. City of Miami Page 195 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.4 12385 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO CONTINUE THE PROCESS OF REVIEWING THE UNSOLICITED PROPOSAL ("EXHIBIT A") SUBMITTED BY NR INVESTMENTS, INC. FOR THE DEVELOPMENT OF THE CITY OF MIAMI'S GSA SITE LOCATED AT 1950 NW 12 AVE, MIAMI, FLORIDA, 1290 NW 20 ST, MIAMI, FLORIDA, 1970 NW 13 AVE, MIAMI, FLORIDA AND 1390 NW 20 ST, MIAMI, FLORIDA ("GSA SITE") IN ACCORDANCE WITH SECTION 18-119, CITY OF MIAMI CODE OF ORDINANCES ("CITY CODE 18-119"); FURTHER DIRECTING THE CITY MANAGER TO ISSUE A SOLICITATION FOR THE DEVELOPMENT OF THE GSA SITE PURSUANT TO CITY CODE 18-119 WITHIN 45 DAYS USING THE UNSOLICITED PROPOSAL SUBMITTED BY NR INVESTMENTS, INC. AS THE BASE GUIDELINE ALONG WITH ADDITIONAL NEEDS OF THE CITY FOR SAID SOLICITATION FOR THE DEVELOPMENT OF THE GSA SITE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER DIRECTING THE CITY MANAGER TO ACCEPT PROPOSALS PURSUANT TO CITY CODE 18-119 WITHIN 45 DAYS OF THE DATE OF ISSUANCE OF SAID SOLICITATION FOR THE GSA SITE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE ANY AND ALL AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0306 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Commissioner Diaz de la Portilla: So, my intent is to do a motion to direct the Manager to institute an RFP process within 45 days so that we can have enough time, but not too much time to make sure that we're good to go. Commissioner Reyes: I will second that -- start an RFP process. Vice Chair Carollo: (INAUDIBLE) I'll repeat, before we proceed, I will open it up to the public to see if there's anyone here that would like to comment on what the plan that you've seen. Luimar Zibetti Garza: Thank you, I would. Luimar Zibetti Garza. I guess this is an overview of you in effect allow non -solicited, I guess, projects to come up at any point City of Miami Page 196 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 in time. But 1 would have to speak specifically to the Commissioner of that area. Is that how it works? Ms. Mendez: No, it's a process -- Vice Chair Carollo: It's a process. Ms. Mendez: -- through the City with -- it's codified and many steps have to be made. So it's not just you come -- Ms. Garza: Well, it just says unsolicited. So I was figuring if there are other programs like pilot programs that might also be accepted as unsolicited, it would require a step by step process for us to approach it. Ms. Mendez: Right, and it's in the Code. Ms. Garza: Well, it would be nice, as I've made many phone calls that perhaps they could be answered, and we could proceed to try to do that. Thank you. Ms. Mendez: Thank you. Vice Chair Carollo: Hearing no further comments. Iris Escarra: Can 1 just have a point of clarification? I just want to make sure that this is to allow the advancement of an unsolicited bidding process in accordance with the unsolicited bid that's been proposed, not a new RFP, that there's -- in the unsolicited bid process there's an open bidding and others are invited. I just want to make sure the record is clear as to the process to pursue. Ms. Mendez: Right. So that's what I needed to clarify because a -- Commissioner Reyes was asking if an RFP would issue -- yes, the unsolicited bid process issues a very short, tight RFP. I just wanted to clarify that it's pretty much in substantial compliance with the unsolicited bid that has been sold. Commissioner Reyes: But it has to be -- I mean, in my opinion of an RFP is that the -- and excuse my ignorance, I never done an RFP and this has not been presented while I've been here. But my opinion and my understanding is that when an RFP is - I mean, it is done -- I mean, it is presented, that the City Manager -- the City Manager, he details the need of the city, and the RFP has to be tailored to have to comply with every need that -- as it is in the -- the need of the city. From what I understand, what you're saying is that it has to follow this same line? Ms. Mendez: It's substantially this unsolicited proposal, this RFP -- Commissioner Reyes: But then what are we doing an RFP then? If an RFP is for people to compete, and to compete according to what the city decides that it is required and needed for that area, you see. Okay, I think it's open and the best proposal, the most beneficial for the city and according to the evaluators is the one that is going to be recommended. But if it is, we have we have this RF -- I mean, this unsolicited proposal, which by the way, it's very well presented, then anybody that comes and want to compete in that RFP have to follow these guidelines or can come with a different concept. Ms. Mendez: It has -- it is very tailored to this -- Commissioner Reyes: No, but then -- City of Miami Page 197 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Ms. Escarra: Ifl may. lfl may, Commissioner. Commissioner Reyes: 1 don't agree with that. Ms. Escarra: The unsolicited bidding process, this now creates a base. Now everybody to a certain extent has seen our proposal. So now other people are going to compete against our proposal and improve upon that. So this is not -- somebody can come in and bid a lot more, bid differently, bid all these different things because it's opened for bidding to anybody to come in and bid. So I just wanted to make that point clear. So somebody can come in and come in with 3000 units, come in with whatever - Commissioner Reyes: But it has -- excuse me, 1 mean, let me clarify this. But let's say that I want -- instead of having all these buildings here, I'm just going to --1'm just throwing things. I want to build a couple of hotels in the area, you see, that is not in line with this RFP. Let's say that I want to build a couple of hotels and I want -- and a lot of retail. That is not in agreement with this RFP. I mean, that is totally different. And what I'm saving is I'm sorry if -- I mean, I'd want an open RFP, you see? That's why I want everybody to be able to present the best idea, what they consider is the best and I have no doubts that given the reputation and creativity that this gentleman have shown that they're going to be on -- right on in the game, you see? But I want everybody to be competing and how much that we are given and all of that. Ms. Escarra: And they'll have the ability to compete, to submit. They also have to make minimum rents, all the different there's all different criteria that they'll be able to be submitted and evaluate on. Chair King: Commissioner, let's have the Manager weigh in on this. Mr. Noriega: So, yeah. So this proposal really creates simply a baseline. Any new proposal can come in, change the development program if they want, by the way, remodifv the -- the economics, by the way, and try to, in their eyes, create a better deal. We will have evaluation criteria set up within the solicitation, and ultimately that's how the competition will be scored. It's based on the evaluation criteria. Chair King: Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. The City of Miami rarely gets RFPs right and I think the secret sauce is in the scoring system. That scoring system is what determines who is best. It's not subjective to the judging panel. They're scored on a list of questions of what policy direction we give, and that's where we get it wrong. Too many times RFPs go out and then it comes back to us and the chance that they got right what we have in mind for this part of the city is pretty rare. So this is our opportunity to receive this proposal and then perhaps give direction to the Manager on what elements we find most important in the bidding process that will create that scoring. Let's say we decide green space and affordability are incredibly important in this area. So we will ask the Manager to prioritize that within the scoring system. Now they're competing on green space and afjordability. If we decide hotel is important for that area, then we add that into the scoring and those who bid and they can alter their -- ifI could finish, please. Commissioner Reyes: Madam -- Commissioner If 1 could finish, please. Commissioner Reyes: Sure. City of Miami Page 198 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Russell: So, 1 think that's -- part of our job here today is to give direction on that scoring system based on what we've seen here today. I think this is a really good proposal, especially when knowing what's there for this area right now. And if any of you have been there, this is our GSA, our general services. We do printing there. We have garbage trucks there. There's definitely contamination there. It's certainly not the green space and living that we see here. So this is a really good rendering. So this is a good baseline to start from. But I think from here we can add. My other concern on the green space, and part of this is a question and part of this is a concern I'm going to raise. So the elevated green space is at 15 percent and here's where I'm going with this. The Freedom Park issue lease that we voted on a few months back is back before us today for the no net loss provisions. And one of -- this site actually was named in that lease vote as one of the recipient sites of new green space that will be invested in by Miami Freedom Park. So this site was slated for 6.1 acres of green space of what's being lost at Freedom Park. This proposal, for example, has five. It's not their fault. They had no idea. They've been working on this for a long time before we came up with that lease and this no net loss, it's not their worry. But I want to make sure we're not in conflict here, that we're issuing an RFP that's actually violative of the lease that we created for Miami Freedom Park. So, one Commissioner Reyes: (UNINTELLIGIBLE) voted on it. Commissioner Russell: My question is on the elevated green space, could that count toward no net loss if it's fully accessible to the public from the ground, even though it's on top of an inhabited building? Or does it have to be zoned, CS (Civic Space), for example, which you wouldn't be able to do on a rooftop? Ms. Mendez: I'll let planning opine on that, but I believe that it needs to be CS. But let the experts discuss. Mr. Shoshani: Commissioner, can our architect interject? Commissioner Russell: I'm happy to hear from everybody. Chair King: We're going to allow planning to speak. Go ahead. Lakisha Hull: Thank you. For the record, Lakisha Hull Planning Director. So in regards to meeting the No Net Loss Policy requirements, we would have to evaluate to make sure it meets the aggregate parkland space. And so because we just received this information, we would have to make that assessment to make sure if we are going to go with the 5.1 acres that it meets the intent of the policy. Commissioner Russell: 6.1, correct? Ms. Hull: Well, I guess if we're going with what they're proposing here, it's five. Commissioner Reyes: Madam Chair, let me -- Chair King: Hold on one second. I think we could eliminate the discussion on that by requiring that this project and the RFP come back with the requirement of the no net loss Commissioner Russell: That matches -- Ms. Hull: Exactly. Chair King: Matches what we intend to do. City of Miami Page 199 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Okay, if1 may. Chair King: Just a suggestion. Commissioner Diaz de la Portilla: Yes. Chair King: Yes, you may. Commissioner Diaz de la Portilla: If I may, and I think when we have the other presentation from Miami Freedom Park, we'll find out that there's excess acres available to Miami Freedom Park. So we're not -- we're meeting the requirements for Miami Freedom Park because I believe, and Ms. Escarra can probably attest to this -- will attest to this, correct? That we -- that Miami Freedom Park and the requirements for no net loss will be met with Mr. Shoshani's project being at 5.1 acres of green space. So we're not in violation of our previous lease. So I'm pretty confident Commissioner Reyes: Madam -- Chair King: Wait, wait. Commissioner Diaz de la Portilla: Let me finish this. Chair King: Hold on. Okay. Commissioner Diaz de la Portilla: So we're not in violation. In fact, 1 think we're in excess of the requirement for Miami Freedom Park and the No Net Loss Policy. I think -- but I don't want to get into a debate about Miami Freedom Park. We're going to do that in a little while. Right now, I want to get this vote done so we can work on this project in an area in my district that I represent that's been ignored for decades. It's a transformational project, in my opinion, that can bring good things for my community and the people I represent. And we have -- I think we have people in agreement here that we can move in the right direction and get it done sooner rather than later. I don't want to leave. I don't want to what happened to other projects that have been looming for seven, eight years and nothing happens. So I want to move it as quickly as possible, but in a deliberative and thoughtful manner. But as far as -- I don't want to mix one thing with the other, No Net Loss Policy is not impacted by the five acres that are now being proposed by Mr. Shoshani. It's not impacted at all, commissioners. Commissioner Reyes: Madam Chair, may I answer -- Chair King: Hold on. Let me say something. So I believe that what I said is basically the same thing that the no net loss that we identified for this site will still remain, we just have not identified how much. Commissioner Diaz de la Portilla: Correct. Chair King: That's it, but that in the proposal, there will be some language that would refer to the requirement of having green space to satisfy a no net loss parcel. Commissioner Diaz de la Portilla: Correct. Chair King: Okay. Commissioner Reyes. Commissioner Reyes: Madam chair, I have to clarify something to Commissioner Diaz de la Portilla. City of Miami Page 200 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Okay, well -- Commissioner Reyes: First -- Chair King: Let me Commissioner Reyes: No, no, no, no. Wait a minute. Chair King: I'm going to let you speak. I'm going to let you speak. I'm going to let you speak, but for the remainder of our meeting because we're getting into -- Commissioner Reyes: No, no, no, no, it's nothing personal -- Chair King: No, no, no, 1 understand, but just as an FYI, something that I wanted to say, we do not have to attend every argument that we're invited to. Okay, go ahead. Commissioner Reyes: First of all, I'm not mixing anything here. I mean, you tend to always, when I say something about not net loss, to bring it back to Miami Freedom Park or La Gran Estafa, whatever you want to call it. But this is -- this is -- I mean, you already -- that is water under the bridge. It was already voted, and the project is going to go. But one thing that I will not vote for is to tie any potential development in the City of Miami to the requirement of Miami Freedom Park to meet the not net loss, which, by the way, we will talk about that later, okay? I think that is unfair to the city and it's unfair to the residents that we tie any single development to the -- (UNINTELLIGIBLE) be it Miami Freedom Park, whatever you call it, or whatever it is, to any other development. This land has not been, at this moment, has not been -- we haven't voted on this land being -- part of this land being part of Miami Freedom Park. I think that all this, I would say, preoccupation if it's going to meet it or not, I think that it is unfair. This is a piece of land of the City of Miami. It is -- granted, it is in your district, but we are all City of Miami commissioners, and it will affect the whole damn city, okay? Now, if we are going to develop this area, we don't have to develop it tailored to -- need The Miami Freedom Park is going to meet. We have to tailor it to the best use of this land with the best revenue for the city of Miami. And that is something that we have to take into consideration. And I am asking for an RFP that will be open, that will be open and then people will compete on whatever they want to bring and build there. That is my position and if it goes against what was proposing, I'm retracting the -- I mean, my -- Chair King: Okay, your statement? Commissioner Reyes: No, no, my statement no. I'm not retracting my second of this. Chair King: Okay. Vice Chair? Vice Chair Carollo: If may, Madam Chair, in keeping with the spirit that we showed this morning that we like everything to be translated that's said here in the language other than English, can we get a translator to translate the couple of words that Commissioner Reyes has made in Spanish? Okay. Commissioner Reyes: I can translate it myself Vice Chair Carollo: Okay. Commissioner Reyes: I said La Gran Estafa. Commissioner Diaz de la Portilla: The Great Heist. City of Miami Page 201 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Reyes: 1 said La Gran Estafa. It has based on an author that he -- when he was talking about back in the 50's -- Vice Chair Carollo: I just want the translation, not the whole story. Commissioner Reyes: -- (UNINTELLIGIBLE) who wrote a book called La Gran Estafa because they were promised -- the communism promised, promised, and then they never delivered. It was the same thing that happened with this park. Vice Chair Carollo: But what does it mean? La Gran Estafa can you translate it. Commissioner Reyes: It means -- the big swindle or the big farce. Vice Chair Carollo: That's pretty close. Chair King: Okay. Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. Briefly, because I misunderstood, I just needed clarification. You're saying you'd like to see this RFP make sure that we are in compliance with our no net loss provisions that we've already agreed to. But you also said that the amount isn't decided, and the Planning Department nodded in affirmation. I just want to clarify because my understanding when we voted on the lease, it was very clear that we picked the spots at the lease, we picked the amounts at the lease, and this site was dedicated for 6.1 acres. So, I feel like we do have an established number. If we want to change that, that needs to be changed. Chair King: No, I don't want to change it, but Commissioner Diaz de la Portilla brought up some -- maybe there's extra here that -- Commissioner Russell: Fungible. Chair King: So, right now, in this moment, I do not think that we need to determine, down to the inch, what it is, but that we know that this site -- Commissioner Russell: Meets compliance. Chair King: -- has been identified. It needs to have compliance. And however that compliance looks it should be -- Vice Chair Carollo: I think that the Chair is absolutely correct. But if I may, just for the heck of it, can you give me a preview? Give me a peek? How many acres are we over compliance right now, including all these that we had used? Ms. Escarra: Madam Chair, Iris Escarra, 333 Southeast Second Avenue. We are unzoning 22 acres approximately in Miami Freedom Park and rezoning 26 acres. So we have almost four acres in that mathematics between those two items because additional lands were added. Vice Chair Carollo: Okay, so my next question is, I think that's fairly clear, from the Administration, is that accurate? Because you're the guys who work for us, not them. Chair King: Correct. Vice Chair Carollo: Okay. My next question would be, does the rooftop space, does that count or not? Commissioner Diaz de la Portilla: No, but it's 15 -- City of Miami Page 202 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Not at this time. Vice Chair Carollo: Alright. But they had said 5.1 and half was rooftop, is that correct? Mr. Shoshani: Yes, Commissioner. Vice Chair Carollo: Okay, so let's cut that in little less than half from 5.1 to 2.5. And you got almost four that are over, so you have almost 6.5. That's more than the 6.1 that was required here. So that gives me sufficient assurance that we will meet the no net loss right off the bat without looking anywhere else. Thank you. Chair King: Thank you. To be clear, what we're trying to decide right now is whether we would like to accept the unsolicited proposal and therefore issue an RFP. So, is that the will of the body? Do I have a first? Commissioner Russell: I'll move it. Vice Chair Carollo: There's a first. You lost your second, so I'll come in and second. Chair King: Okay, so I have a first and a second. Commissioner Diaz de la Portilla: Within 45 days. It's within 45 days of the Administration as request -- that you can do right? Within 45 days -- Chair King: The RFP will be issued or responded to? Commissioner Diaz de la Portilla: Will be issued. Chair King: Will be issued within 45 days. Okay. Commissioner Russell? Commissioner Russell: Thank you. Within my motion, I would like to direct the management to prioritize within the scoring so that those who proffer the best proposal with regard to green space, affordability and what do you call it, disposition of the current site, like finding a new location for the current site, will increase their score. So, who has the best plan for what to do with the current GSA site? Who has the best plan for green space? Who has the best plan for affordability? If we hit those three, I think we'll have a good project here. And this certainly already meets that criteria. We'll see if others can come in with better. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: I concurred with Commissioner Russell. We have to include where are we going to -- what site -- how are we going to relocate our system, whatever is there. And also, I want this RFP to be open, not to be tied to any other projects. Let them decide. I mean, we need to have green space there. They will have to proffer green space and that's it. But I don't -- I don't think that we should be tying this to -- I mean no net loss. Any other project, whatever project it is, we have a piece of land. Let them come in and say, how are you going to develop this, what -- and then with the site and the scoring system, what we want to score. We have to know where are we going to place the existing facilities because they cannot go out on the street. And in 45 clays, I don't know if it is time enough for the Administration to find an alternative site that we can move this, I mean, in the future that we can move this -- the facilities that we have there. City of Miami Page 203 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: Madam Chair. Chair King: Commissioner, thank you. Commissioner Diaz de la Portilla: Thank you. Well, just for clarification purposes, I was the one that made the motion. Commissioner Russell: I apologize. Commissioner Diaz de la Portilla: Yes, Commissioner Carollo, seconded the motion. So I don't find what you're trying to amend and limit, and I was hoping for a unanimous vote here today because it really was important to the people that I represent. I've been waiting for decades for this to happen. 1 was hoping for a unanimous vote here, but I'm not going to accept any restrictions that you're trying to place on and tie their hands in the Administration's hands and try and get something done. Well done, well thought out, but the way the process works is if you begin to now limit the details of the RFP, you're not letting the Administration explore the possibilities, and you're tying their hands, number one. Number two, by allowing -- by bypassing what the process dictates, which is -- it's an unsolicited proposal, it's a baseline, it now becomes -- people can add to it and augment it and make it better. But what I see happening here is an attempt to restrict the movement for other reasons, whatever reasons you may have. And I'm not questioning your motives, but 1 don't accept the restrictive amendment. So if you need to vote against it, that's fine. 1'll take my chances with the votes that we have here today. 1 do not want --1 think what Mr. Shoshani has done here is a good thing for my community, for the people I represent, for our city. It's a good thing. I think this place has been neglected for way too long, and it's time that we move forward. Of course we're going to find a new dump site. Of course we're going to find new offices for the GSA. Of course we're going to accommodate everyone's there now, the fleet and everybody else. But this idea that we're building 500 workforce housing units by Jackson Hospital in the Allapattah region, the idea that we're fixing up a Metrorail station, that it's really a bad, bad, ugly site right now, the idea that we're building -- have five acres of green space, that we're building a doggy park, that we're building a kids playground, that we're building a garden for people to come, a community space for people to interact, that we're building something that could create -- it's not so much to be a mini city, but a many town where people can come in and revitalize an area that has been neglected for so many years. They're putting a fire station. I think Mr. Shoshani has proven, and he went a little -- he's only -- was very humble when he spoke about the four or five things that he's done. He's done the only restricted building in the State, maybe in the country, right. The fully restricted building in the Omni CRA (Community Redevelopment Agency) area. He's invested in our community. He's a serious man, serious developer who's investing in the district that I represent. And I want to treat serious people in a serious manner. And I think that we start playing games and trying to love things to death. We're trying to put requirements here and requirements there. What we're doing is we're limiting the Administration. We're limiting the development of the area. So I would like a vote on this. I would like a favorable vote. I hope you can all vote for it. But I do not want to begin to create these impediments to moving this forward and moving an RFP being issued in 45 days. So if others want to compete, if others have good intentions, if others have better ideas which, by the way, they haven't come up with since I've been here and haven't come up with in 20 years, if all of a sudden people are interested in this site, they haven't done it in 20 years, then they can come forward now and they can offer something good for the community. They haven't done that. Everybody has a right to have an unsolicited proposal and to issue an unsolicited proposal. We have a very specific way of doing these things. We don't begin to put restrictions. It triggers an RFP process. This creates a baseline because these are things that I want and I think the City of Miami Page 204 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 community. needs. So 1 asked for a favorable vote to allow me, as the City Commissioner, for this district to move this part of my district forward. Thank you. Ms. Mendez: Madam Chair, could I ask one more question -- Chair King: One second. Victoria? Ms. Mendez: Yes. Pursuant to Florida Statute and I just need direction from the Commission for the procurement you wanted to issue within 45 days, but then there's another time frame that 1 just want clarification between the RFP period for others to respond can be anywhere from 21 days -- Commissioner Diaz de la Portilla: 120. Ms. Mendez: -- to 120 days. Did you have a suggestion on the response period? Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: So, 60 days -- 60 days to respond -- Commissioner Reyes: Point of (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- for the RFP. Commissioner Reyes: Madam, point of information. Chair King: Commissioner. Commissioner Reyes: I just want to know that by voting yes, because I agree on opening this to open bid, I agree with it that the Administration can place whatever requirements they see that it is necessary to improve -- to improve the project or to make the city -- I mean, be more beneficial to the city. That's the way that the RFP is going to be written. You have the freedom to do it. Mr. Noriega: Yes, we have qualifying criteria, which is the baseline of this proposal -- Commissioner Reyes: But it's only based on this proposal. Mr. Noriega: But that's the baseline. And then we're going to create other criteria Commissioner Reyes: But you can go beyond that. Mr. Noriega: Yes. And our intent, Commissioner, in sort of socializing it here was to do issue it in 45 days and have the response be within 45 days. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: I don't know if that -- Commissioner Diaz de la Portilla: So, 45 and 45. Do you accept that? Seconder. 45 and 45. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 205 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.5 12386 City Commission Commissioner Russell: Madam Chair. I'm torn because 1 like the project. I want to redevelop it. I don't want us to he in opposition here because for me to vote no is not to say 1 don't want to redevelop the site or I don't like the proposal that's been put here. But I5n worried we're setting up for the typical RFP vaguery that makes scoring difficult and then we don't get a clear winner. Chair King: Your concerns are noted. But we've already voted and there's four. Are you against? Commissioner Russell: 1 apologize. I'm a no vote because -- Chair King: Okay, 4-1. Commissioner Russell: I really wanted scoring to reflect affordability green space. Chair King: Okay. Todd B. Hannon (City Clerk): And, Chair, for the record, the public hearing is closed on this item. Chair King: Yes. The next item to be heard is DI.2, Discussion Item 2, homeless transition zone allocation. Commissioner Carollo? Vice Chair Carollo: Yes. We'll wait for staff to -- maybe while they're getting this together. Can we take a five minute break? While they're putting their plan together here. Just a brieffive minute break. Chair King: Okay. Vice Chair Carollo: Thankyou. DISCUSSION ITEM CHAIRWOMAN KING AND COMMISSIONERS RECOGNIZED THE CITY'S 126TH BIRTHDAY AND SEVERAL CITY EMPLOYEES WHO CELEBRATED BIRTHDAYS IN JULY. RESULT: DISCUSSED Chair King: Thank you. Welcome back to the City of Miami Commission Meeting for July 28, 2022. I want to take a moment -- I always recognize you. People think you're my favorite. I get in trouble. I recognize you so much. I'd like to take a moment now to share with you that today is the City of Miami's 126th year birthday. And because we are celebrating 126 years of the City of Miami, I would also like to take this opportunity to recognize our August birthdays. Mr. City Manager, we're going to start Arthur Noriega (City Manager): Yeah, give me a -- go ahead. Chair King: Okay. We will start with my Chief of Staff', Ms. Yvette Harrell, Attorney Harrell, who is a July birthday. Today is the 126th birthday of the City of Miami and nay chief of staff happy birthday. And I believe the City Manager would also like to -- Mr. Noriega: Yeah, we're going to bring Lakisha out because her birthday is actually today. City of Miami Page 206 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Chair King: Where is Lakisha? Mr. Noriega: And we have another birthday, I think, this weekend. The young lady with a crown. Chair King: Hey, Karla. Happy birthday. It's Yvette's birthday as well. Vice Chair Carollo: Who is Lakisha? Chair King: Lakisha is our planning director. Ms. Hull. Commissioner Reyes: (INAUDIBLE). Chair King: Yes, Ms. Hull, happy birthday. Happy birthday. Today is actually her birthday. Her birthday is the same day as the City. Come on up. Mr. Noriega: We have a couple of cakes coining over here. Give us one quick second. Chair King: Is there anyone else? We have a cake coming. And I'd also like to announce in celebration of the Citv's 126th year, there will be a celebration in Overtown on Saturday, July 30, from 6:00 to 9: 00 p.m. at the Ward Rooming House. And if you'd like to attend, that's on 9th Street between 2nd and 3rd Avenue. Where's the cake? (COMMENTS MADE OFF RECORD) Chair King: We are not August yet. That's right. So, if you would all join me in singing Happy Birthday to our birthday girls. Ready? (MULTIPLE PARTIES SPEAKING IN UNISON) Chair King: Okay, wait, wait, wait. We're waiting, we've got cake coming, one second. Here you go. Vice Chair Carollo: Ladies. Ladies. I just need to tell you that in the City of Miami, we have a tradition that we either sing you your happy birthday up in the dais, we give you a new title, or we give you your raise October 1. So, we sung Happy Birthday for you. No new title, no raise October 1. Commissioner Reyes: Undo. Undo. (COMMENTS MADE OFF RECORD) Vice Chair Carollo: Unless the Chairman vetoes it. Chair King: Wow, what a beautiful cake. You guys have to go down and blow out the candles. Commissioner Reyes: That is a beautiful cake. Are those roses edible? (COMMENTS MADE OFF RECORD) Chair King: Right, go take a picture with the cake. (COMMENTS MADE OFF RECORD) City of Miami Page 207 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.6 12388 City Commission Victoria Mendez (City Attorney): Wait a minute. Madam Chair. Madam Chair. All the Leo babies are standing back here saying that there's nothing for them for August. (COMMENTS MADE OFF RECORD) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO COMMENCE A PILOT PROGRAM TO PROVIDE FIFTY (50) TO ONE HUNDRED (100) TINY HOMES AT THE VIRGINIA KEY SITE PRESENTED DURING DISCUSSION ITEM DI. 2 AT THE JULY 28, 2022 CITY OF MIAMI ("CITY") COMMISSION MEETING FOR THE CITY'S HOMELESS POPULATION, INCLUDING DAILY TROLLEY SERVICE TO RUN ON AN HOURLY OR BI-HOURLY BASIS; FURTHER DIRECTING THE CITY MANAGER TO DETERMINE COSTS AND FEASIBILITY OF SUCH PROGRAM AND TO PRESENT SAID RESULTS AND CITY MANAGER'S RECOMMENDATION AT THE SEPTEMBER 8, 2022 CITY COMMISSION MEETING; FURTHER DIRECTING THE CITY MANAGER TO EXPLORE ALTERNATIVE SITES WITHIN AND OUTSIDE THE JURISDICTIONAL LIMITS OF THE CITY FOR A PERMANENT PROGRAM. MOTION TO: Adopt RESULT: FAILED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo NAYS: Russell, Diaz de la Portilla, Reyes Vice Chair Carollo: Let me go with a motion. Chair King: Okay, Commissioner? Vice Chair Carollo: The motion would be the following motion, that we will begin with a temporary encampment in Virginia Key with somewhere between 50 to 100 tiny homes. That you come back in the September meeting to this Commission with fine- tuned numbers as to the cost of everything. And I'm going to tell you, to my big surprise, and I have to admit it, I didn't think that the cost of construction materials had gone up so high. We're not going to get anything for $5,000 a home and certainly not quickly like we were going to need it. Things have changed tremendously. And I had a reality check recently, looking at prices. So, if the motion would be -- and by the way, these tiny homes, especially the types that Pm foreseeing that we're going to use, you could move them from place to place. They're portable. So, it's not an issue. What is an issue that we need to start somewhere as a pilot program to see how it works. And if it works like I think it will, then we could decide if we expand that place or if we add some additional locations or not. So, mymotion is to do a pilot program in Virginia Key, between 50 to 100 tiny homes. You come back to us with costs for all the things that we would need. And I would add one more, to get numbers from our provider for the trolleys so that we could have trolleys coming and going once an hour for X amount of hours a day that are reasonable, maybe even once every 2 hours if need. I'll leave that up to your negotiations with a trolley company to what makes sense economically. Unless Key Biscayne would like that we will bring them to shop over there, we won't do that. We'll bring them across the other side of the bridge. But if they insist, we'll share the joy and dollars that they will spend. So that will be my, motion. This will be a pilot program. At least we will get an idea how this will work in City of Miami Page 208 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 this location. But the Administration will come hack to us with the full amount of whatever this is going to cost. And after hearing what the Homeless Trust gets, 1 have no idea that they really don't need much of our dollars. But the bottom line is why we're having to do this is because of the Homeless Trust that we give so much money to, they don't have sufficient space for us many times that we call. Chair King: Do I have a second? I second. All in favor? Five minutes. Commissioner Russell: Not even. Chair King: Not even. Commissioner Russell: I just want everyone to know that Mr. Porro did meet with my staff 1 don't know if they advised him, but I have toured that very specific site for another use in conjunction with Key Biscayne, we were looking to develop soccer fields for league play, as we're very short on that for kids. It is sandwiched directly, in between, and not by distance, directly in between the Virginia Key Outdoor Center, which offers kayaking and paddleboarding for kids in the lagoon there that we just put the no wake zone on and on the other side is our mountain biking trail. So, we were planning sporting fields in that area. They figured we could get, I can't remember, between four and six fields for league play. So, there was a concept in play for this area -- Vice Chair Carollo: That's not part of the master plan. The master plan said that that goes somewhere else. So, all of a sudden we have soccer fields for the area. Commissioner Russell: We've been working on it. Vice Chair Carollo: Come on, Ken, how many of the inner city kids that we have do you think we're going to get there? Commissioner Russell: That was the goal. That was the goal we worked together to get everyone out there. Vice Chair Carollo: It's going to be used for Key Biscayne kids. Chair King: We have a motion in a second. Can we take a vote? All in favor? Vice Chair Carollo: Ave. Chair King: Aye. Commissioner Diaz de la Portilla: No. Commissioner Russell.: No. Commissioner Reyes: No. Chair King: Motion jails. Todd B. Hannon (City Clerk): Motion fails 2-3. City of Miami Page 209 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.7 12389 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE A SYSTEM TO IDENTIFY THOSE WHO COMMIT REPEAT VIOLATIONS AS DEFINED IN SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND WHO CONTINUE TO PERFORM ILLEGAL WORK ON THEIR PROPERTIES WITHOUT PROPER PERMITTING AND WHO APPLY FOR PERMITTING FOR OTHER ONES WITHOUT COMPLYING THE ORIGINAL VIOLATIONS; TO DRAFT LEGISLATION TO AMEND THE CITY CODE TO ALLOW FOR PERMIT DENIAL WHEN THE OWNER IS A CODIFIED REPEAT VIOLATOR UNTIL THE ORIGINAL VIOLATION(S) ARE CLEARED; AND TO REPORT BACK TO THE MIAMI CITY COMMISSION THE FIRST MEETING OF SEPTEMBER 2022. ENACTMENT NUMBER: R-22-0307 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Vice Chair Carollo: Let me bring up the resolution that I mentioned. A resolution directing the City Manager to come up with a plan to identify habitual violators on their individual properties, as well as the necessary legislation needed to penalize them for purposely and consistently conducting work without permits that violate our building code. These individuals should not have the ability to obtain additional permits without first curing the original violations as it has become part of their business plan model. Plan and legislation should be due on the first meeting of September, Mr. Manager. Victoria Mendez (City Attorney): So, I just want to clarify that would be Pocket Item 4 then -- Commissioner Diaz de la Portilla: Pocket Item -- Ms. Mendez: -- because you want it as a resolution. And then if we can open public comment. Chair King: I will open public comment. Commissioner Diaz de la Portilla: I move Pocket Item 4. Chair King: Is there anyone here that would like to speak on behalf of the item? Seeing no one for public comment, public comment period is closed. All in favor? Commissioner Diaz de la Portilla: Do you have a second? Do we need a second? Chair King: No. Commissioner Diaz de la Portilla: No second, okay. City of Miami Page 210 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 NA.8 12390 City Commission The Commission (Collectively): Aye. Todd B.. Hannon (City Clerk): And just for the record, P1.5. Commissioner Diaz de la Portilla: P15. Chair King: Thank you. Commissioner Diaz de la Portilla: Do we need to vote again, or we're done? Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PREPARE A STUDY TO INCLUDE THE COSTS ASSOCIATED WITH COMMENCING A PILOT PROGRAM TO PROVIDE TINY HOME TRANSITIONAL HOUSING TO THE CITY OF MIAMI'S ("CITY") HOMELESS POPULATION; FURTHER DIRECTING THE CITY MANAGER TO CONSIDER AT LEAST THREE (3) ADDITIONAL SITES (TO INCLUDE VIRGINIA KEY AND PEACOCK PARK, AMONG OTHER LOCATIONS WITHIN AND OUTSIDE THE JURISDICTIONAL LIMITS OF THE CITY, SO LONG AS NEITHER SITE IS IN THE PROCESS OF BEING REDEVELOPED) FOR TINY HOME TRANSITIONAL HOUSING AND TO PRESENT THE COSTS AND FEASIBILITY OF EACH LOCATION AT THE SEPTEMBER 22, 2022, CITY COMMISSION MEETING; FURTHER AUTHORIZING THE CITY MANAGER TO PROCEED WITH IMPLEMENTING A PILOT PROGRAM AT THE VIRGINIA KEY SITE DISCUSSED DURING DISCUSSION ITEM DI. 2 AT THE JULY 28, 2022 CITY COMMISSION MEETING WHEREIN THE CITY WILL PROVIDE FIFTY (50) TO ONE HUNDRED (100) TINY HOMES AND SERVICES TO THE CITY'S HOMELESS POPULATION. ENACTMENT NUMBER: R-22-0308 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla NAYS: Russell, Reyes Commissioner Diaz de la Portilla: Madam Chairwoman. Chair King: Yes, sir. Commissioner Diaz de la Portilla: I would like to reconsider Discussion Item 2. There was action taken on that. I was on the prevailing side. I'd like to reconsider it with a caveat that they come back in September with alternative sites. My objection to the issue was based on the limited number of sites that they offered and the lack of due diligence they took in offering those three sites. So, I would like for them to come back with different suggestions for different sites that do not include the District One and District Five sites but do include the Virginia Key site and other and two additional sites, alternative sites, including sites outside the City of Miami that may include Miami -Dade County, and including alternatives that may require the homeless trust to pay part of that process. Because we all know -- City of Miami Page 211 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Vice Chair Carollo: I'm not worrying about the Homeless Trust, whether they pay or not because we paid them -- Commissioner Diaz de la Portilla: That's correct. I want to get some of the money back -- Vice Chair Carollo: -- we could get it from there -- Commissioner Diaz de la Portilla: But my motion would be to reconsider it. So, we passed a pilot program. We will come back with three different sites in the first week of September and then we can have a discussion. But 1 would like for Mr. Porras (sic) to do due diligence, find out what is north, south, east or west of whatever sites you recommend, perhaps look at more city properties and not use properties that are meant for or in the way to be being redeveloped or in the process of being redeveloped or surrounding areas. So it could be that it could also be some Miami - Dade County site. So that due diligence would require, in my opinion, that he talk to Miami -Dade County, which have a whole bunch of land in areas that are not populated all the way in West Dade and other parts that we can relocate. Commissioner Reyes: Madam Chair. Vice Chair Carollo: But does the -- Commissioner Reyes: Sir, 1 have the floor. Vice Chair Carollo: You do? The Chair didn't say you had the floor. Commissioner Diaz de la Portilla: I thought I had it. It's my motion to reconsider. Commissioner Reyes: We don't need to reconsider. What we need to do is a directed order resolution -- Commissioner Diaz de la Portilla: Right, but since -- Commissioner Reyes: -- stating precisely -- Chair King: I see Todd walking in my direction, which means that we're doing something wrong. Commissioner Diaz de la Portilla: No. Chair King: Todd, what are we supposed to -- how are we supposed to say it? Commissioner Diaz de la Portilla: Well, let me correct Todd, if I might. I'm reconsidering because we passed, something was offered. I'm reconsidering it because something failed. I want to make sure it's clear that something passed, so I want to vote on it to make sure that we have the votes. Todd B. Hannon (City Clerk): Through the Chair. There's no need to reconsider, this resolution was a non -agenda resolution. Commissioner Diaz de la Portilla: Okay. Mr. Hannon: So, yes, it failed, but there's nothing preventing you from bringing a brand new non -agenda resolution without having to reconsider. City of Miami Page 212 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: We do it different in Tallahassee, but that's fine. So, 1 want to direct the City Manager -- motion for a resolution to direct the City Manager to bring them back in the first week of the first meeting in September to look at alternative sites, including the Virginia Key site, and to come back to us with different suggestions and more. You have all August to do this. So, you can't go on a cruise or anything like that. You got to stay here. Arthur Noriega (City Manager): Why can 't Igo on cruise? Commissioner Diaz de la Portilla: Because you get paid the big bucks. Mr. Noriega: So, can I get a little more time? Because it's really not a lot of time. Commissioner Diaz de la Portilla: Okay, the second meeting of September. Mr. Noriega: Thank you. Commissioner Diaz de la Portilla: The second meeting of September. Mr. Noriega: That is fine, because I need a little more -- Chair King: Can 1 have a second? Vice Chair Carollo: There's a second for discussion. Chair King: For discussion. Vice Chair Carollo: Does that motion include that we could proceed -- Commissioner Diaz de la Portilla: With purchasing, yes. Vice Chair Carollo: -- (UNINTELLIGIBLE) under working at Virginia Key as a pilot program? Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Okay, so you can go forward in Virginia Key as a pilot program. And does that motion include that they come back not just with alternative sites in the districts, but also with amounts, real cost for any site because it will vary from site to site, including the full cost for the Virginia Key site. Commissioner Diaz de la Portilla: Right, but that you had a range -- well, let's clarify. You had a range for between 50 -- you have spoken about 50 to a 100. 50 to 100, that's a broad range. But the idea that we move forward with the purchase of the tiny homes and the idea that we begin that process, by the time we get back here in September, you know how city government works. We're not going to be there, but yes, it includes that. Vice Chair Carollo: You'd be surprised. We could have the tiny homes built in time. Commissioner Diaz de la Portilla: But we can build them. You said they were portable, right? So, we can place them, where we want to place them. Commissioner Reyes: But does not include a pilot now, to establish to start a pilot at Virginia Key doesn't include that. Vice Chair Carollo: That's what he said a pilot. City of Miami Page 213 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Commissioner Diaz de la Portilla: It does. Commissioner Reyes: But it doesn't include to start now, we voted against that. Commissioner Diaz de la Portilla: I know that's why I'm voting for it now -- Vice Chair Carollo: But he is bringing it up for reconsideration -- Commissioner Diaz de la Portilla: Reconsideration, so we can now vote. Commissioner Reyes: Well, okay. Vice Chair Carollo: Give me the real translator. 1 don't want you translating for him. Chair King: What 1 need to -- what 1 also need to do -- Commissioner Reyes: I know you. You are sneaky. You're sneaking in what it was -- what it was. Chair King: What I also need to do is open the floor for public comment for this new item. Commissioner Diaz de la Portilla: Yes. Chair King: Is there anyone here who would like to speak on behalf of this item? Come on up ma'am. Commissioner Diaz de la Portilla: Come on. You're on. Vice Chair Carollo: Would you like some cake? Commissioner Diaz de la Portilla: We have cake. Luimar Zibetta Garza: By all means. Vice Chair Carollo: I want to sweeten you up, by all means. Ms. Garza: Thank you. Vice Chair Carollo: Get some cake for the lady. Ms. Garza: Luimar Garza, along with my sister, please, and the rest of the crowd. Luimar Zibetti Garza, homeless, I live at Peacock Park. This homeless thing of what you're saying, I think the keyword in here that nobody's paying attention to is a voluntary. And I am telling you, and we welcome for you to come and sit and talk with us face to face without airing dirty laundry. It is really a voluntary that you keep emphasizing and you've made some descriptions. This is a choice I've made in my service to my fellow human beings to be part of this. I've been homeless now, hardcore, for fbur years. But we can do things differently. It's the way you approach it, perception, et cetera. Now, when you're all telling me that it's voluntary, you are not going to get these people to go there simply, because you're saying no alcohol, no drugs. Really? Then I'm going to ask each one of you to empty your wineries and empty all your tobaccos. We're not children. We're not animals. Now, we are willing to sit down with each one of you and I've invited to come to park. It is magical for you to sit there and actually listen. Yes, people use drugs there, and yes, they in.fact use the hardcore one. And I have had the most intelligent conversations with these people. You have no idea. You got to be there. But in that case, no Virginia. Absolutely no City of Miami Page 214 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 Virginia. That's next to the waste plant. And if you want cancer in three years, you got a problem. And 1 had that issue in Doral. They had -- what you were there, a cancer corridor of getting rid of the waste that we had there. And in that regard, they all of a sudden -- they said, if you buy a house there, that's up to you what happens. And I forced the city commission to add an addendum to every single home purchased in that corridor where the waste plant was that they had decontaminated. That if anybody got cancer in that area, that the City of Doral would not be responsible for any lawsuits, whatsoever. And that, I think, can be a saving grace for all of you in terms of -- accommodate what we're saying, but don't force us to become your beck and call, it's all voluntary. Thank you. Chair King: Thank you. Vice Chair Carollo: When are you going to start paying us rent at Peacock? Ms. Garza: I'm sorry? Vice Chair Carollo: When are you going to start paying rent at Peacock? Ms. Garza: Paving rent at Peacock? Yes. I did 32 years. I paid taxes -- Vice Chair Carollo: No, no, no, no, now at Peacock. Vice Chair Carollo: Oh, no. But the thing is, with Social Security and all that, all that money -- and I'm going to say this, I don't have a problem moving out of there. But you have had like 40 pages of Homeless Trust and trust this and homeless and homeless. Every other item has to do with homeless. You have got hundreds of millions of dollars and that one lady said you could give 100,000 to how many homeless do you have in these five districts? 1000, 2000, homeless? Vice Chair Carollo: Don't hold your breath to get 100, 000. Chair King: Is there anyone else here for public comment? Ms. Garza: Thank you very much for the opportunity. Chair King: Come on up. Vice Chair Carollo: I see why you're here now. Commissioner Diaz de la Portilla: We should also -- Madam Chairwoman, we should also consider Peacock Park as a site, right? Are you okay with that Commissioner Russell? Chair King: Good evening, ma'am. Commissioner Diaz de la Portilla: That's what I thought. Ms. Rodriguez: Good evening. My name is Maria Elena Rodriguez, and aka Ms. Kittee K-I double T, double E, no I and no Y please. I am homeless, not by choice. I was put in this situation for two years. I have begged and pleaded for different agencies to help me. All I kept getting was call me, call me on Tuesday, call me on Wednesday, call me on Thursdays for the Homeless help line. I've been under a lamppost begging and pleading Camillus House to help. What do I get? These agencies that you have to help us. Yeah. I almost got raped by 'bur guys in one of these places. Okay? I am victimized and I stay in the park because the people that are there, I've known them for twelve years. We look out for each other. We take care of City of Miami Page 215 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 each other. You don't know the homeless. If you talk about with drug addicts, do 1 look like I'm a drug addict? Do 1 look like I'm crazy or spaced out? Not everybody that is in the park is a drug addict or is totally crazy. There are people that need medication. Yes, there's three different tiers of homeless people. You need to sit down and speak with us. You need to find out exactly what each and everyone, individually, needs. Because not everybody needs to be victimized. We're looking at this situation with the Key West, the Virginia Key. You're looking at another Hitler, Auschwitz, putting us in a concentration camp. We are human beings. We're not animals. We are grown adults. You have no right to tell us what we can and cannot do. How we can't have a drink. We can't live our lives. We're grown adults. Yes. Circumstances beyond our control have led us to be homeless. Like I said, I'm not there because 1 want to be. Something in my life happened by my landlord that put me in a situation, okay? A lot of people that are in the park, situations beyond their control as well. Okay, so, I mean, really sit down and talk with us. Vice Chair Carollo: How many people are there? Chair King: You don't have to -- Ms. Rodriguez: In our park, there is approximately Martha -- about 15 of us. Vice Chair Carollo: 15? Ms. Rodriguez: Before -- about 15. Vice Chair Carollo: Russell, what have you been doing? Commissioner Diaz de la Portilla: Wow. Ms. Rodriguez: We've invited -- Vice Chair Carollo: Not going to look good on your resume -- Chair King: Thank you. Ms. Rodriguez: Thank you so much -- Chair King: Thank you. Ms. Rodriguez: -- but, please understand us. Chair King: Is there anyone else here for public comment? Commissioner Diaz de la Portilla: Have you been there? Commissioner Russell: (UNINTELLIGIBLE). Chair King: Is there anyone else here for public comment? Seeing none, public comment period is now closed. There's a motion in a second. All in favor? The Commission (Collectively): Aye. Commissioner Reyes: Wait a minute. Before I vote -- Vice Chair Carollo: Too late, it passed, we don't need your vote. Commissioner Reyes: Okay. City of Miami Page 216 Printed on 11/01/2023 City Commission Meeting Minutes July 28, 2022 ADJOURNMENT Vice Chair Carollo: Passed right? Commissioner Reyes: Okay, wait 1 'm not going to pass. I'm going to vote no. Vice Chair Carollo: Okay, but you were late. Commissioner Reyes: Hold on a second. Vice Chair Carollo: You were late. We voted. Commissioner Reyes: Listen, can you be quiet for a minute. Can you be quiet for a minute? Chair King: Okay, the hour is late and we're -- we're getting a little -- watch this -- Commissioner Reyes: I don't (INAUDIBLE). Chair King: Okay, but the motion has already -- okay. Alright. Okay, moving along. Commissioner Russell: Madam Chair, please count me as a no vote. Vice Chair Carollo: Okay, 3-2. Chair King: Todd, please count Commissioner Russell as a no vote. Mr. Hannon: For the record, the motion passes, 3-2, with Commissioner Reyes and Commissioner Russell voting no. Commissioner Russell: Thank you. The meeting adjourned at 9: 50 p.m. City of Miami Page 217 Printed on 11/01/2023