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HomeMy WebLinkAboutCC 2023-02-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 09, 2023 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 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 February 9, 2023 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 9th day of February 2023, 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 10:02 a.m., recessed at 11:32 a.m., reconvened at 3:02 p.m., and adjourned at 3:33 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 10:30 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Chair King: At this time -- let's get together. It's already 10 o'clock. We are going to have the invocation/prayer by Pastor Caldwell, New Providence Missionary Baptist Church. But I need to get all -- everyone needs to be seated, quiet. This month is also Black History Month, Black Heritage Month, and I am proud to stand here as a representative of that culture. For me, I've said to everyone that I've made this speech to, every day is black history month for me because I'm black. It's not something I can get away from, so I live and I persons our rich culture every single day. But it's always a pleasure and an honor when we celebrate our culture as we are doing this month. So, thank you for being here. And at this time, we are going to have our invocation by Pastor Caldwell. Invocation delivered. Chair King: Is Gail in the house? Is Gail here? If anyone can find Gail, see if she's upstairs. And at this time, Commissioner Reyes, would you honor us with the pledge of allegiance? Pledge of allegiance delivered. Chair King: We will begin our meeting with the announcements that our city attorney must make. Victoria Mendez (City Attorney): Detailed information about the processes, order of business, rules of procedure, scheduling, and rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online and at wwwmunicode.com [sic]. 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 in the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a City of Miami Page 1 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 presentation, formal request, or petition to the City Commission concerning real property must make those disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of Communications -- at the Office of the City Clerk or online at wwwmunicode. com [sic]. 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 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 2-330 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 10:15 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 online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114 (4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney 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 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as the 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 in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance No. 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the Commission. If City of Miami Page 2 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. 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 cellphones and other noisemaking devices at this time. This meeting shall be viewed live on Miami TV, the City's Facebook 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. Mr. City Clerk, how are you today? Todd B. Hannon (City Clerk): Good morning, Chair. Chair King: Good to see you. Mr. Hannon: You too, ma'am. Thank you. Chair King: Could you please read for the record your statement? Mr. Hannon: Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for the Planning and Zoning items and any quasi- judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you 're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you'll be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these formal rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Thank you, Chair. May I administer the oath? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, do you have any items that you would like to continue, defer, withdraw or indefinitely defer? City of Miami Page 3 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Arthur Noriega (City Manager): Good morning, Madam Chair, Madam City Attorney, Mr. City Clerk, Commission. The Administration would like to defer and/or withdraw the following items: PH.1, to be withdrawn; PH.2, to be indefinitely deferred; RE.4, to be deferred to April 27th; RE.6, to be deferred to April 27th; and PZ.8, to be deferred to February 23rd. Ms. Mendez: I believe there 's also other requests by applicants to reset RE.3. I believe the applicant 's attorney is here. And then you are -- Kevin Cruz: Kevin Cruz, Greenspoon Marder, offices located at 600 Brickell Avenue, here on behalf of PZ.9. Applicant name is DFMMJ Investments, LLC (Limited Liability Company). At this time, we would request an indefinite deferral on this item. We represent the other four cannabis items that are currently on indefinite deferral, and we would like for the City to hear them together. Chair King: Okay. Anything else? Any other items? Commissioner Diaz de la Portilla: I apologize, Madam Chairwoman. Can we read the deferrals again from the City Manager -- Chair King: I think we -- Commissioner Diaz de la Portilla: -- and CityAttorney's Office quickly? Chair King: Yes, hold on one second. Commissioner Diaz de la Portilla: Just the num -- just the -- Chair King: I think we have one more that's going to be deferred. Rachel Dooley (Senior Assistant City Attorney): Good morning, Madam Chair. Chair King: Good morning. Ms. Dooley: Rachel Dooley, on behalf of the CityAttorney's Office. Ms. Mendez: Rachel, I believe the Commissioner 's just asking for a quick -- Chair King: Wait, let her -- Commissioner Diaz de la Portilla: Yeah. Chair King: -- let her finish, and then we 'll -- Ms. Mendez: Okay. Chair King: -- catch them all again. Commissioner Diaz de la Portilla: Okay. Chair King: Go ahead. Ms. Dooley: Counsel for the attorney -- standing in for the attorney on RE.3, which is a mitigation. I believe they're requesting a reset to March 23rd due to a conflict in the attorney who hand -- who is handling the matter scheduled, as well as a possible sale issue which might assist with them and this mitigation. City of Miami Page 4 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: Okay. All right. Mr. Manager. Commissioner Diaz de la Portilla: Before that, so that was actually one of my questions. On the RE.3 matter, is the applicant requesting a reset? Ms. Lederman: Yes. Commissioner Diaz de la Portilla: Or do we want to hear it today? Rachael Lederman: A reset, please. Rachael Lederman -- Commissioner Diaz de la Portilla: For what date? Ms. Lederman: For March 23rd. Chair King: March 23rd. Commissioner Diaz de la Portilla: 23rd, okay. Chair King: Mr. Manager, can you read all of the items -- Commissioner Diaz de la Portilla: Yeah. Chair King: -- that have been deferred or withdrawn again? Mr. Noriega: Would you like me to include the ones that have been requested at the podium? Commissioner Diaz de la Portilla: Yes, sir. Chair King: All of them. Commissioner Diaz de la Portilla: All of them, sir. Mr. Noriega: PH.1, to be withdrawn; PH.2, to be indefinitely deferred; RE. 3, to be deferred to March 23rd; RE.4, to be deferred to April 27th; RE.6, to be deferred to April 27th; PZ.8, to be deferred to February 23rd; and PZ.9, to be indefinitely deferred. Commissioner Diaz de la Portilla: And Madam Chair, is that all items from every Commissioner also? Chair King: No, no, no, no. Now, I'm going to ask the Commissioners. Commissioner Diaz de la Portilla: Oh, okay. I'm sorry. Chair King: Okay. Mr. Vice Chair, do you have any items that you would like to defer or withdraw? Vice Chair Carollo: Madam Chair, if you won't mind, I know it's in your district, but I don't think it's going to have any effect if we defer for the next meeting so I could get better informed on it, SR.6. Chair King: SR. 6, to? Vice Chair Carollo: Next meeting. City of Miami Page 5 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: Next meeting? Vice Chair Carollo: Yeah. Chair King: Okay. Anything else? Vice Chair Carollo: Not at this point in time that I see. Chair King: Commissioner? Commissioner Diaz de la Portilla: I have no deferrals for now. Chair King: Commissioner Reyes? Commissioner Reyes: I have none. Chair King: With that, do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Chair King: A second? Commissioner Reyes: Second. Chair King: To set the agenda, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The motion carries. Look how well I did that this time. Didn't even stutter. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13322 PROTOCOL ITEM Honoree Presenter Protocol Item Christopher A. Green Commissioner Reyes Proclamation Jorge Jimenez Dereida Commissioner Carollo Recognition Boy Scouts of America Mayor Recognition RESULT: PRESENTED Chair King: (INAUDIBLE) City of Miami Commission meeting for February 9th. We have a special presentation today that I would like our City Attorney, Victoria Mendez, to take the lead on. Presentation made. [Later... ] City of Miami Page 6 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: (INAUDIBLE) Commission meeting for February 9th. We have a special presentation today. We are honoring someone that has done some wonderful things. And I believe -- Mayor, would you like to --7 Commissioner. Presentation made. [Later... Chair King: And this concludes the February 9th, 2023 Commission meeting for the City of Miami. Thank you so much. Commissioner Reyes: Madam Chair, before we finish, we have a group of young -- Chair King: Yes. Commissioner Reyes: -- Boy Scouts. Chair King: We have a -- we have Boy Scouts that we 're going to recognize. Commissioner Reyes: Sure. Come in, bring them in. Presentation made. 1) Mayor Suarez and Commissioners presented a Proclamation to Judge Christopher A. Green. Judge Green is Board -Certified in Civil Trial law and started his journey in the Office of the City Attorney in October 2000, handling litigation matters in both State and Federal Courts in a wide range of areas including but not limited to torts, civil rights, commercial, elections, historic preservation, procurement, construction, governmental, and land use matters. Judge Green 's unwavering commitment, character, and dedication illustrated the traits needed to be promoted to various leadership roles within the Office of the City Attorney by becoming Senior Assistant City Attorney in October 2013, and ultimately being elevated to Chief of the Civil Litigation Division in April 2015. Some of Judge Green 's milestone victories include obtaining final judgment in favor of the City where the plaintiff challenged the City's Charter Amendment referendum to develop a soccer stadium and commercial complex, which was approved by a majority of the voters on November 6, 2018; defending the City in litigation brought by Airbnb, Inc.; leading the team in federal litigation which resulted in the vacating of a long-standing consent decree in Pottinger v. City of Miami; defending the City, police officers, and City officials in civil rights litigation regarding the Free Trade Area of the Americas protests, which took place in the City's downtown area; defending the Miami Parking Authority in bid protest litigation; and handling oral arguments before the Third District Court of Appeals and Eleventh Circuit Court of Appeals. Judge Green has also served as the former Chair of the Florida Bar's Eleventh Circuit Grievance Committee. Judge Green has been recognized as a Top Government Attorney by the South Florida Legal Guide in 2011 and 2012. Complementing his over 26 years of civil experience is over six (6) years of criminal experience in the County and Circuit Courts as an Assistant Public Defender in Miami -Dade County; and was appointed by Governor Ron DeSantis to the Miami -Dade County Circuit Court. Elected Officials paused in their deliberations to honor and commend Judge Christopher A. Green for his invaluable contributions to the City of Miami and his commitment to public service and wish him well in all future endeavors and thereby proclaimed February 9, 2023, as "Judge Christopher A. Green Day" in the City of Miami. 2) Mayor Suarez and Commissioners recognized renowned Costa Rican Sculpture Artist Jorge Jimenez Dereida to express gratitude and appreciation for the work and sculptures donated for his opening of a free outdoor exhibition "A Bridge of Light," City of Miami Page 7 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 or "Un Puente de Luz," at Maurice A. Ferre Park, where residents can enjoy his work. Mr. Dereida also honored Elected Officials with a copy of his book, also entitled like the exhibition, which includes works displayed in the City of Miami. 3) Mayor Suarez and Commissioners recognized members of the Boy Scouts of America in the Commission Chambers while they were visiting Miami City Hall. PUBLIC COMMENT FOR ALL ITEM(S) IN THE AGENDA 13494 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE FEBRUARY 9, 2023 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Okay, so we are now on our CA (Consent Agenda) items. Do I have a motion? Commissioner Diaz de la Portilla: I'll move the CA items. Chair King: Oh, wait. I'm sorry. Commissioner Diaz de la Portilla: The public hearing. Chair King: I will now open for public comments. If anyone would like to speak on behalf of the items that remain on our agenda, please step forward if you would like to speak on any of the items that remain on the agenda. Victoria Mendez (City Attorney): Sir, for this item, this is our mitigation item that he has -- Chair King: Right, so you get to speak -- Ms. Mendez: -- so he'll -- Chair King: -- when your item comes up, so you don't speak at public comment. Is there anyone else here for public comment? Luimar Zibetti Garza: Before I start speaking, what was the last item that was forwarded? Chair King: That was deferred? Ms. Zibetti Garza: Yeah. Chair King: It was SR.6, a noise exemption ordinance. Ms. Zibetti Garza: All right. Luimar Zibetti Garza, homeless at Peacock Park, with SR.2. I read that as the Department of Resilience. They're transferring money, money laundering. And I believe PH.2 was not on the list. Why are we giving business to a Delaware limited company? We know all the problems we've been having with our president in Delaware and -- City of Miami Page 8 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: PH.2 is not on the agenda. Ms. Zibetti Garza: I'm sorry? Chair King: It's not on the agenda. Ms. Zibetti Garza: PH.2? Chair King: Yes. Ms. Zibetti Garza: So, try to stay away from the Dominion hardware, please. And for page 25 through 68, BC.1 through BC.23, for over a year, you have printed these and none of you have taken the time to appoint a vast majority of people to these committees. You talk about saving our resources. Stop printing these particular items until you come up with people to fill the position. This is over 15 pages on every single one of these that you print. Walk the walk, talk the talk. Do not put these in our agenda ifyou 're not going to do anything with them, which you have not done for a year. And you can all look through them, page 25 through 68, they're completely empty. Now, knowing that I've got what, 45 seconds left, you have all made an unholy mess of things in Miami. And I state once again, defend your oath to God and country. I say to you, friend or foe, Trump or Joe, choose this day, the white hats have a thorough dossier on every one here, and the white hats can hear you breathe. And scene. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Seeing none, public comment period is closed. [Later... J Chair King: And at this time, I understand that there 's another person that would like public comment, but she was not allowed access into the building. They had to get some information clarified. And I would like to have her step up so she could have her public comment. Maria Elena Rodriguez: Thank you so much. Good morning. Chair King: Good morning. Ms. Rodriguez: I brought Bella with me. One, she's my emotional support. Unidentified Speaker: (INAUDIBLE) microphone. Ms. Rodriguez: Okay. One, she 's my emotional support. I was taken to Camillus House and told that she could stay with me. Well, an RN (Registered Nurse) decided to cause issues and got her out of the room and put her into the kennel. There 's video I have of the kennels that are inhuman, the air and quality and things that affect the very -- and she's put in a situation where she was actual physically abused, and they would not allow me to see the cameras. Besides that, I also would like to say that Camillus House was started 50 years ago by the brothers, and wonderful, wonderful idea they came with. It's changed. The people feel like they're in prison. I've walked in there and we 're treated with such lack of respect, dignity. We 're humiliated, insulted. At one point in the middle of the night, they turn the lights on just to scan our IDs. We 're treated inhumanly. And I've said it before, we 're not animals; we're human beings. When we go to this place, we go there for help. We know abuse. We know mistreatment. We're out in the street. People hurt us, light us on fire, crack our heads open and kill us. When we come here, we want compassion, true love, City of Miami Page 9 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 understanding. Hope is where the heart is is what Camillus House started with. Right now, it seems like a feeding and cattle ground. We're just moving along. We 're threatened, "Oh, if you don't do what we say, we 're going to throw you out." There 's people there that are victimized and the victims are the ones getting kicked out and the victimizers stay there. That's unfair. There's a woman, her name is Nefertiti (phonetic). The guy was stalking her. He put a lock on her cage so she couldn't get to her dog. Would you believe they threw her out and he stayed? I really would love -- I love the place and the concept. What I don't like is the management the way it is. It needs new management where they have heart, compassion. Look at us. We want to be there, and we want to feel like we 're being helped, and we 're being loved and taken care of. We know what it's like to be abused. We know it. Chair King: Okay. Ms. Rodriguez: I just -- Chair King: Thank you. Ms. Rodriguez: Thank you so much for your time. Chair King: Thank you. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda City of Miami Page 10 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 CA.1 13169 Department of Police MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE INCREASE IN CONTRACT CAPACITY BEYOND THE CITY MANAGER'S AUTHORIZED THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR INVITATION FOR BIDS ("IFB") NO. 798385 FOR THE PROVISION OF FARRIER SERVICES FOR POLICE HORSES WITH FARRIER & HORSE TRAINER INC., A FLORIDA PROFIT CORPORATION ("FARRIER"); ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE") GENERAL ACCOUNT, 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-23-0067 This matter was ADOPTED on the Consent Agenda. Chair King: Do I have a motion for our CA (Consent Agenda) items? CA.1, 2, 3, 4. Commissioner Diaz de la Portilla: I will move all four items. Chair King: Do I have a second? Commissioner Carollo: Second. Chair King: I have a motion and a second. Is there any discussion? Commissioner Carollo: (INAUDIBLE) wait one second. No discussion from my side. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 11 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 CA.2 13182 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $121,305.34 FOR A ONE-YEAR PERIOD TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM FROM THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000 ENACTMENT NUMBER: R-23-0068 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. CA.3 RESOLUTION 13230 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION ("TPO") FOR THE DEVELOPMENT OF THE CITY OF MIAMI TROLLEY FLEET VEHICLE EFFICIENCY PLAN WITH SIXTY PERCENT (60%) OF THE TOTAL COST TO BE FUNDED BY THE TPO AND FORTY PERCENT (40%) OF THE TOTAL COST TO BE FUNDED BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ACCEPTING, ALLOCATING, AND APPROPRIATING LEGALLY AVAILABLE FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTY-THREE THOUSAND, FIVE HUNDRED FOUR DOLLARS ($83,504.00), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. ENACTMENT NUMBER: R-23-0069 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. City of Miami Page 12 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 CA.4 RESOLUTION 13263 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SIX (6) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED 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 A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0070 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. END OF CONSENT AGENDA City of Miami Page 13 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12792 MAY BE WITHDRAWN Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Recreation NEGOTIATE AND EXECUTE AN EXTENSION, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT WITH BELAFONTE TACOLCY CENTER, INC., A FLORIDA NON- PROFIT CORPORATION, FOR THE MANAGEMENT OF APPROXIMATELY 3.29 ACRES OF CITY -OWNED PROPERTY LOCATED AT 6161 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, FOR A TERM OF FIFTEEN (15) YEARS COMMENCING ON APRIL 1, 2020. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 14 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PH.2 12771 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, 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"), FOR THE PROVISION OF A NO COST CLOUD -BASED SOFTWARE SOLUTION TO MANAGE AND SCHEDULE POLICE EXTRA DUTY ASSIGNMENTS, FOR A PERIOD OF ONE (1) YEAR, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR, FROM ROLLKALL TECHNOLOGIES, LLC ("ROLLKALL"), A DELAWARE LIMITED LIABILITY COMPANY, QUALIFIED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ROLLKALL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see "Public comments for all item(s) on the agenda." City of Miami Page 15 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PH.3 RESOLUTION 13170 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA FOR PROFIT CORPORATION ("FPL"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TEN (10) FEET IN WIDTH LYING FIVE (5) FEET TO THE LEFT AND FIVE (5) FEET TO THE RIGHT ON A PORTION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, FOLIO NUMBER 01-3231-000-0013 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND ONGOING MAINTENANCE OF UNDERGROUND ELECTRIC AND APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-23-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: Do I have a motion for PH (Public Hearing) -- Commissioner Diaz de la Portilla: 3, 4, and 5. Chair King: -- 3, 4, and 5? Commissioner Diaz de la Portilla: I'll move it, all three items. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): And Chair, just for the record, I have you as a cosponsor for PH.3. Chair King: 3, 4, and 5. Mr. Hannon: Oh, for PH -- you want to be a cosponsor for PH.3, 4, and 5? Chair King: Yes. City of Miami Page 16 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Mr. Hannon: Understood. PH.4 RESOLUTION 13379 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA FOR -PROFIT CORPORATION, ("FPL") FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT, ON A PORTION OF THE CITY -OWNED PROPERTIES, IDENTIFIED AS 3691 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4209-000- 0010) AND 3851 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0050 ) MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), CONSISTING OF APPROXIMATELY 4.20 ACRES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, AND APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.3. City of Miami Page 17 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PH.5 RESOLUTION 13380 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA FOR -PROFIT CORPORATION, ("FPL"), FOR A TEMPORARY, NON-EXCLUSIVE CONSTRUCTION EASEMENT, ON A PORTION OF THE CITY - OWNED PROPERTIES, IDENTIFIED AS 3851 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0050) AND 3841 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0040) MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), CONSISTING OF APPROXIMATELY 6.21 AND 4.69 ACRES RESPECTIVELY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.2. END OF PUBLIC HEARINGS City of Miami Page 18 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.1 13310 City Manager's Office RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 16-0303, ADOPTED ON JUNE 23, 2016, RELATING TO FUTURE LEGISLATION AND AMENDMENTS TO THE CITY OF MIAMI CODE, OR TEXT AMENDMENTS TO THE MIAMI 21 CODE, SPONSORED OR CO -SPONSORED BY THE CITY ADMINISTRATION, IN ITS ENTIRETY; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION. ENACTMENT NUMBER: R-23-0075 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: We are now on our resolutions. Do I have a motion for RE.1, 2 -- Commissioner Diaz de la Portilla: 5. Commissioner Reyes: 7. Chair King: -- 5 -- Commissioner Diaz de la Portilla: 7, 8, and 9. Victoria Mendez (City Attorney): Madam Chair. Chair King: I understand. I know, Vicky. Ms. Mendez: Okay. Chair King: 7, 8, and 9. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Can -- those are what again, RE (Resolution)? Chair King: It's RE.1, 4, 5, 7 -- Vice Chair Carollo: 4 -- wasn't 4 being deferred? Chair King: Oh, sorry. Okay, RE.1 -- Vice Chair Carollo: Yeah. Chair King: -- RE.2 -- City of Miami Page 19 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Vice Chair Carollo: 2. Chair King: -- RE -- Commissioner Diaz de la Portilla: 5. Chair King: -- 5 -- Commissioner Diaz de la Portilla: 7, 8, and 9. Chair King: -- 7, 8, and 9. Commissioner Diaz de la Portilla: Correct. Todd B. Hannon (City Clerk): Chair. Chair King: And what -- I know, Todd. And one we have to allow because it's a mitigation. Ms. Mendez: Yes. And then RE.1, we're going to be modifying. So, RE.1, Commissioner Reyes suggested a modification that instead of rescinding it altogether, that the item -- a future legislation item that's going to be brought to Commission, for it to come and be placed on the agenda for one meeting and then it could come back for first reading on the next meeting. So, instead of having the 60-day waiting period and all that and rescinding the item altogether, that -- for us to do it that it comes for one meeting, and then the next meeting it could be a first reading item. That's the amendment. Commissioner Reyes: That's to give us time at least a notice of what's going on because, I mean, if it is a future legislation and one meeting prior we can analyze it and determine the pros and cons. Okay, that's the only change, okay? Chair King: Does anybody have any discussion on that? I think one meeting is fair. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yeah. Chair King: We accept that amendment. Commissioner Reyes: Okay. Chair King: So, RE.1, as amended, RE.2 -- Commissioner Reyes: RE.5. Chair King: We're going to take RE.5 out because that's a mitigation. Commissioner Diaz de la Portilla: 7, 8, and -- and 7, 8, and 9. Chair King: 7, 8, and 9. I have a motion and a second. Commissioner Reyes: Yes. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 20 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.2 13190 Department of Planning Chair King: The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE REQUEST FOR QUALIFICATIONS ("RFQ") NO. 16-17-006 PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH CURTIS & ROGERS DESIGN STUDIO, INC., A FLORIDA PROFIT CORPORATION ("CURTIS & ROGERS"), FOR ADDITIONAL WORK CONCERNING THE SOUTHWEST STREETSCAPE AND STREET TREE MASTER PLAN SERVICES, INCREASING THE EXISTING CONTRACT CAPACITY BY FOUR HUNDRED THIRTY TWO THOUSAND NINE HUNDRED TWENTY FOUR DOLLARS AND NINETY EIGHT CENTS ($432,924.98), THEREBY INCREASING THE CURRENT COMPENSATION LIMIT FROM A NOT -TO - EXCEED TOTAL AMOUNT OF SIX HUNDRED TEN THOUSAND TWO HUNDRED FORTY SEVEN DOLLARS AND SEVENTY SEVEN CENTS ($610,247.77) TO THE NOT -TO -EXCEED TOTAL AMOUNT OF ONE MILLION FORTY THREE THOUSAND ONE HUNDRED SEVENTY TWO DOLLARS AND SEVENTY FIVE CENTS ($1,043,172.75); ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") PLANNING DEPARTMENT ("PLANNING") PROJECTS AND DEPARTMENTAL BUDGET, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH CURTIS & ROGERS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING 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-23-0076 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 21 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.3 12578 Office of the City Attorney RE.4 13069 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.3 was deferred to the March 23, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI, FL, CASE NUMBER CE2012017388 RECORDED ON AUGUST 11, 2016, 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.4 was deferred to the April27, 2023, City Commission Meeting. City of Miami Page 22 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.5 13113 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED FEBRUARY 28, 2013 AND RERECORDED ON MAY 15, 2019 FOR CASE NUMBER CE2012013333 AND THE CODE ENFORCEMENT LIEN RECORDED ON MAY 31, 2007 FOR CASE NUMBER CE2006014822 FOR PROPERTY ADDRESS 607-609 NORTHWEST 75 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-23-0077 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: And now we will take up RE.5. We'll first hear from the City Attorney, and then we'll hear from -- Deanna Rasco (Senior Assistant City Attorney): Good morning, Deanna Rasco. This is a mitigation for the property located at 607 to 609 Northwest 75th Street. Victoria Mendez (City Attorney): Deanna, one second. Are there any Jennings disclosures on this item? Commissioners, are there any Jennings disclosures on this item? Ms. Rasco: This is a mitigation of a property located at 607 through 609 Northwest 75th Street. The property value is $181, 000. The owner is not the violator. He purchased the tax deed sale. He paid the special assessments in the amount of $16,222. There remains two code enforcement liens on the property that were resolved in 2013, and he 's here today requesting mitigation. He's offered $5,000 for each code enforcement lien. Manuel Baltodano: Good morning. I'm Manuel Baltodano, managing member of Carrera USA. I just want to say thank you so much for giving me the opportunity to speak on mitigating the fees. And I just -- ifI may speak on what we intend on -- to do with the site. We -- our goal is to open a mulch operation that we feel will benefit the community and our small business landscapers and our famers get some of the organic material from what we hope to mulch and just boost our recycling efforts in Miami and in Miami -Dade in general so that we can meet our recycling credits. We 'd really appreciate your consideration in this matter and would love your support in mitigating this fee. Chair King: I need to make a Jennings disclosure that (Comments made in Spanish not translated) came to Constituent Tuesday and briefed me on this matter. I understand that you are offering $10, 000, $5, 000 for each. And I explained to your City of Miami Page 23 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 brother that that is too low. We cannot accept that. While I am willing to assist and we could even offer a payment plan, but I just cannot accept $10, 000 for the amount that is being carried. So, if you could maybe speak to the attorney and come up with another number, I could share it with my colleagues. Because what you are going to do with the property will benefit the community. I have no doubt and I want to support that. It's -- but we have established this policy for a reason. And while I understand that you are not a bad actor, the City has put forth a lot of effort and expended a lot of time in trying to get this property to Code. So, if you can take some time and speak with our city attorney, we can revisit it, try to come to a little better number. Mr. Baltodano: Thankyou so much, ma'am. Chair King: Thankyou. Thankyou for coming. So, we'll table this for a while. Ms. Rasco: Yes, we will. Chair King: Okay. Ms. Rasco: Thank you. Vice Chair Carollo: (INAUDIBLE) defer it? Chair King: All right. Just for -- we'll defer it for a few -- you know, within today, I think we can -- Vice Chair Carollo: I'll ask my questions when he comes back and -- Chair King: Well, maybe you can ask your questions now -- Vice Chair Carollo: Yeah. Chair King: -- so that might help. Vice Chair Carollo: Okay. What is the amount that --? Ms. Rasco: The amount of the two liens -- one lien is for $603,000. Vice Chair Carollo: How much, 600? Ms. Rasco: $603,500. The other lien, $68,000. Vice Chair Carollo: Same property? Ms. Rasco: Same property. These liens were from a previous owner who failed to pay taxes from 2013 to 2019, basically did not take care of the property. Vice Chair Carollo: Okay. Ms. Rasco: So, he went in there, charged the two liens, plus special assessments, and we demolished the structure that was there. Vice Chair Carollo: Okay. How did this gentleman get the property? Ms. Rasco: He got it through a tax deed sale. Vice Chair Carollo: Okay, tax deed. Okay. The liens were for what? City of Miami Page 24 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Rasco: For keeping a vacant, unsecured structure, illegally maintaining or depositing junk, failure to maintain exterior of commercial/residential property, failure to maintain lot in safe, clean condition was the first code enforcement lien. The second one was failure to register a vacant structure. Vice Chair Carollo: Okay. How much does the City have into it in our cost? Ms. Rasco: At this point, there was roughly $23, 000 in special assessments. We have received full payment for the $23, 000 at this point. Right now, there's only the two code enforcement liens that remain pending. Vice Chair Carollo: Okay, so we have $671,500. Ms. Rasco: Correct. Vice Chair Carollo: What is the property appraised at by --? Ms. Rasco: $181,320. Vice Chair Carollo: $320, okay. All right. We -- even if it's worth 300, 350, or maybe even more, it's still worth below the $671,500 that they owe. Look, he's an investor. He knew more or less what he was getting in in these properties. But at the same time, this is derent than some of the other cases that I see that they went directly to a property to buy it knowing the condition and the liens that it had, figuring that they could do precisely this, come to us and get it lower while the party they were getting it from probably had no idea of what they could do or not do. So, I think we've been taking the stance here pretty much so that, at the very least, we've been looking at 10 percent, at the very least. So, I'll leave you with that in mind, that that's what I'll be looking at in keeping with. And this is because of the kind of liens that it has also. Ms. Rasco: I will make one comment. I do know that this is not going to be -- because in the past, we've used negotiating tools for affordable housing. This is not going to be a structure on this property, so I wanted to bring that up to the Commission's attention as well. He has a unity of title. He's requested a unity of title to combine some properties to create this mulching service. I will definitely discuss what you have conveyed to me today with him. Vice Chair Carollo: Yeah, but that's not before us now, the unity of title, right? This is not here. Chair King: No. Ms. Rasco: Pardon? Vice Chair Carollo: The unity -- Chair King: The unity of title. Vice Chair Carollo: Yeah. Chair King: That's not before us now. Ms. Rasco: No, I understand that. I'm just saying his intention with the property that he's -- he has a plan in place, I guess. That's the reason I brought it before the Commission. City of Miami Page 25 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Reyes: May I? What's the zoning there, industrial? Ms. Rasco: Zoning, I do not know. Mr. Goldberg said it was correctly zoned. Ms. Mendez: I believe it's DI Industrial. Commissioner Reyes: DI Industrial. Ms. Mendez: It abuts residential in the area -- Commissioner Reyes: That's right. Ms. Mendez: -- but it's DI Industrial -- Commissioner Reyes: DI Industrial. Ms. Mendez: -- in that area. Chair King: So, go have the conversation and get back with us. You have your marching orders. Thank you. Mr. Baltpdano: Thank you so much. Ms. Rasco: Thank you very much. [Later... Chair King: Okay, let's go back to RE (Resolution) -- Vice Chair Carollo: I need to step out just for one minute, if I can. Chair King: Okay. Vice Chair Carollo: Thank you. Chair King: Let's go back to RE.5. Commissioner Reyes: RE.5. Commissioner Diaz de la Portilla: I do too also, but -- well, let's go do it. Is this going to be a long -- Chair King: No. Commissioner Diaz de la Portilla: -- a long presentation? Chair King: I think this -- Ms. Rasco: No, I have -- Chair King: -- we have come to a resolution. City of Miami Page 26 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Rasco: As in -- Commissioner Diaz de la Portilla: Okay. Ms. Rasco: -- as instructed, I've spoke to the property owner. They've offered $43,000 to correct these two code enforcement liens, taking in consideration that they have -- the City has received roughly $23,000 already, so it will be an additional $43, 000, and they've requested -- Commissioner Reyes: That will be 60 -- Ms. Rasco: -- 120 days to make that payment. Commissioner Diaz de la Portilla: So, that's 66 -- Commissioner Reyes: That will -- 60 -- Commissioner Diaz de la Portilla: -- total. Commissioner Reyes: -- total. Commissioner Diaz de la Portilla: And they owe 666, right? Commissioner Reyes: That 's 10 -- over 10 percent. Ms. Rasco: Well -- Chair King: It's over 10 percent. Ms. Rasco: -- the 22 is for special assessments that they paid. Commissioner Diaz de la Portilla: Okay. Ms. Rasco: It's not quite 10 percent of the code enforcement lien. Commissioner Diaz de la Portilla: So, why are you -- why are you not asking them to pay more? To pay the 10 percent of what -- besides that, take that 22 off and add additional 22 to it? Commissioner Reyes: $17, 000 more, that's all. Ms. Mendez: Right, that was their -- Commissioner Diaz de la Portilla: Yeah, 17 -- yeah, 16 something. Ms. Mendez: Right, that was their offer. Obviously, the Commission -- Chair King: This -- this -- they are -- Commissioner Diaz de la Portilla: Yeah, but their offer is -- their offer is not good enough because we have to be consistent in how we vote. Commissioner Reyes: Yes. Chair King: This -- City of Miami Page 27 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Diaz de la Portilla: Okay, and we have to be consistent in our policy - Chair King: I un -- Commissioner Diaz de la Portilla: -- otherwise, people are all over the place. Chair King: Right, I understand. Commissioner Diaz de la Portilla: 10 percent is 10 percent -- Commissioner Reyes: 10 percent is -- Commissioner Diaz de la Portilla: -- of what is owed. Commissioner Reyes: -- $60, 000. Chair King: This -- there are mitigating circumstances here. Commissioner Diaz de la Portilla: I understand that. I've read the whole -- Chair King: Okay, and -- Commissioner Diaz de la Portilla: -- I know the whole story. Chair King: -- and they're bringing a business to the community that we need. It's a mulching business. They're not trying to build a bigger house or anything like that. So, they're going to be a small business, and I'm in favor of accepting the $43, 000. I think that's -- Commissioner Reyes: It's your district. Chair King: -- that's fair. I think that's fair. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: But you are setting a precedent for future conversations on this dais. You realize that? Chair King: Well, I'm setting a precedent to address each of these, as I have done, on a case -by -case basis. For ex -- Commissioner Diaz de la Portilla: But with consistency, right? Chair King: With consistency. I am doing with consistency because we're going to have another -- some more people coming, and I will be voting in a different way. Vice Chair Carollo: $43, 000 -- Commissioner Diaz de la Portilla: How is that consistent then? Chair King: Because it will show that it is on a case -by -case basis. Vice Chair Carollo: $43,000 is what percent? Ms. Rasco: $43, 000 was taken into consideration. It's -- I apologize. With the payment of the special assessment -- City of Miami Page 28 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Reyes: It's 7 -- 7 percent. Ms. Rasco: -- liens, it comes to roughly 10 percent. Commissioner Reyes: It is 7 percent. Chair King: 10 percent. Ms. Rasco: Pardon? Chair King: It brings you up -- Commissioner Reyes: 7 percent. Chair King: -- to the 10 percent. Commissioner Diaz de la Portilla: Well, that's not accurate. Vice Chair Carollo: 7 -- 7 percent. Commissioner Reyes: 7 percent. Vice Chair Carollo: 7 percent. Commissioner Diaz de la Portilla: Yeah, that's not accurate because you're taking into -- it 's 7 percent because you're taking into account -- Vice Chair Carollo: Yeah, seven. Commissioner Diaz de la Portilla: -- something else. Ms. Rasco: No, I agree. Vice Chair Carollo: And -- Ms. Rasco: That's why I said with -- Commissioner Diaz de la Portilla: You 're throwing it in to get -- you 're throwing it in to get to 10 percent. Chair King: Right. Ms. Rasco: Apples and oranges. Commissioner Diaz de la Portilla: So, we appear to be consistent, but in essence, it's really 7 percent. Vice Chair Carollo: Okay, and here -- Commissioner Diaz de la Portilla: So, when we come back here, we're going to have the same conversation that, in essence, we can go down to 7 -- Vice Chair Carollo: -- here -- Commissioner Diaz de la Portilla: -- percent, and then it'll be 5 percent. It's a -- City of Miami Page 29 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Mendez: It leaves you -- Commissioner Diaz de la Portilla: -- slippery slope. Ms. Mendez: -- it leaves you in the realm of consistency. Chair King: In the realm. Commissioner Diaz de la Portilla: Well, there is no realm of consistency. There 's either consistency or not consistent. Ms. Rasco: Well, part of mitigate -- Vice Chair Carollo: Here -- Commissioner Diaz de la Portilla: There is no realm of consistency. Where did you come up with that one? It's pretty unique. Ms. Rasco: Well, part of -- Commissioner Diaz de la Portilla: I like that one. Ms. Rasco: -- part of -- Commissioner Diaz de la Portilla: I like that one, very good. Good attorney. Ms. Rasco: -- well, part of mitigation -- Vice Chair Carollo: Here 's -- Ms. Rasco: -- is that they are -- Commissioner Diaz de la Portilla: The realm of consistency. Ms. Rasco: -- not the violator. Vice Chair Carollo: Here 's what I'm -- Chair King: Part -- Ms. Rasco: They're not -- Vice Chair Carollo: -- willing -- Ms. Rasco: -- the violator versus the violator. Chair King: Right. They were -- also, they weren 't the violator. Vice Chair Carollo: Yeah. Chair King: They're bringing a business that 's needed into the community. And with the $23, 000 that they've already given -- Commissioner Diaz de la Portilla: And it's your disfrict. Chair King: -- and now the 43 -- and it's in my disfrict. City of Miami Page 30 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Diaz de la Portilla: Okay. Chair King: And -- Commissioner Diaz de la Portilla: Well, the district you represent, yes. Vice Chair Carollo: Here -- Chair King: The district that I represent. Vice Chair Carollo: -- here 's what I'm -- Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: I respect that. Vice Chair Carollo: -- here's what I'm willing to consider. First, I'm willing to consider that because, one, they didn't buy out the property from whoever was the violator so that they could flip it into this and knowing that they could come here and pay less. They had a tax lien on the property. How many years to pay on this property, the taxes? Mr. Baltodano: They're all paid upfront the moment you purchase it so -- Vice Chair Carollo: Yeah, but -- Mr. Baltodano: -- I'm not -- Vice Chair Carollo: -- yeah, but you are paying the tax on this property for how many years? Mr. Baltodano: Now it's since 2019, so -- Vice Chair Carollo: Okay, so from there. Mr. Baltodano: -- a little over three years now. Vice Chair Carollo: Okay, so that's one thing that makes a difference for me. The other is you're planning on doing affordable housing here, right? Commissioner Reyes: No. Mr. Baltodano: No, I'm going to make a mulching business so we can recycle. Vice Chair Carollo: A what now? Commissioner Reyes: Mulching. Mr. Baltodano: A mulching operation. Vice Chair Carollo: A mulching -- Chair King: They're going to be re -- Commissioner Diaz de la Portilla: Mulching. Vice Chair Carollo: -- operation. City of Miami Page 31 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: Yeah, recycling and -- Commissioner Reyes: Mulching. Mr. Baltodano: Yeah. Chair King: You 're going to need some mulching in your district. Vice Chair Carollo: How many people -- Commissioner Reyes: It is industrial. Vice Chair Carollo: -- how many people are you planning to hire approximately? Mr. Baltodano: It should be a minimum of three people. Vice Chair Carollo: Okay. Mr. Baltodano: Yeah. And the material goes to the farms, actually, here. Vice Chair Carollo: All right. The only way that I would consider voting for it is if part of the motion is the following. How long it's going to take you to build this and have it operating? Mr. Baltodano: I've already submitted my preliminary plans almost two years ago, but this is the -- holding me up. So, let's say -- Vice Chair Carollo: Well -- Mr. Baltodano: -- to be conservative, 12 months. Vice Chair Carollo: Okay. Mr. Baltodano: It really depends on the environmental body. Vice Chair Carollo: All right. My motion will be that I would accept the $43, 000, but if within two years -- that's a year more than you're saying that you'll be able to be in operation -- if within two years he doesn't have a mulching business there, then the amount on the difference of the 10 percent, either he pays it, or we are entitled to -- without doing anything else -- put a lien on the property for that amount. Commissioner Reyes: Can we do that? Chair King: No. It'll -- you legally can 't do that. You legally can 't do that. Vice Chair Carollo: Why not? We 're taking the liens out -- Commissioner Diaz de la Portilla: But why not? Chair King: Because what we 're doing here is making -- Vice Chair Carollo: No. Chair King: -- making a final settlement is what we're doing here, correct? Vice Chair Carollo: Well, yeah. City of Miami Page 32 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Rasco: It's an appealable order. What we do -- Chair King: It's -- right. Ms. Rasco: -- is an appealable order. Obviously, if they don't comply with the appealable order, we always have language in our resolution that the original lien will be reinstated shall they fail to -- Vice Chair Carollo: Yeah. Ms. Rasco: -- comply within the time certain. Commissioner Diaz de la Portilla: But that exist -- Vice Chair Carollo: Yeah, but -- Commissioner Diaz de la Portilla: -- is that existing language or --? Why cannot --? I'm sorry, Commissioner. Vice Chair Carollo: Yeah, but we're taking all the liens out. We're just -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- including that language in the contract -- Ms. Rasco: Okay. Vice Chair Carollo: -- which I don't see why we can't do that and he will be bound by it. Commissioner Diaz de la Portilla: And I would add to that also if they flip the land or they do something else with it, that then we -- I would add that too, that they will -- Vice Chair Carollo: Well, that really comes altogether because -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- if he doesn't build the business that he's telling us he will within two years, then he has to pay back the monies that is the difference between the Commissioner Diaz de la Portilla: I just want to make sure -- Vice Chair Carollo: -- 7 to 10 percent. Commissioner Diaz de la Portilla: -- that it's there because, you know, it's kind of trust, but verb. Vice Chair Carollo: Yeah, I'm not asking for -- Commissioner Diaz de la Portilla: We trust you, but we just want to make sure that you -- Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: -- we keep you honest. City of Miami Page 33 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Vice Chair Carollo: Yeah. Mr. Baltodano: Yeah, I even brought my paperwork that I've submitted to DERM (Department of Environmental Resources Management) and -- Chair King: Well, let's -- Mr. Baltodano: -- to the County and Miami. Chair King: Because this is the City of Miami -- Ms. Mendez: So, we would have -- Chair King: -- let's give him a little bit more than two years. Vice Chair Carollo: Well, he said a year. Chair King: Yeah, but -- Vice Chair Carollo: And he's been working on it -- Chair King: -- but he 's -- Vice Chair Carollo: -- for two years. Chair King: He -- but he had to stop. And this is the City of Miami, and I don't want him to be caught in -- you know, someone's trying to get a permit for six years, no disrespect to staff. But I don't want him -- so give him another year. And I'll be following it. I will be following it. You're going to need some mulch for the park. Vice Chair Carollo: Okay. We'll give it the three years. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: Within that time, if he flips it -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- whoever he flips it to has got to pay -- Commissioner Reyes: The -- Vice Chair Carollo: -- the extra 3 percent that we didn 't get then. Commissioner Diaz de la Portilla: Right. Ms. Mendez: So, it is -- just so that I'm clear -- Commissioner Diaz de la Portilla: But we give him three years, right? Vice Chair Carollo: Yeah. Commissioner Reyes: Three years. Ms. Mendez: It's three -- to be a mulching facility for three years or to create -- City of Miami Page 34 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: No, no, no. Ms. Mendez: -- a mulching --? Chair King: To open it. To -- Ms. Mendez: Okay. Chair King: -- to have it open. Vice Chair Carollo: To be operating. Ms. Mendez: So, he has -- Chair King: To be operating. Ms. Mendez: -- three years to create -- Chair King: To open it. Vice Chair Carollo: But when we say "he" -- Ms. Mendez: -- open the mulching -- Vice Chair Carollo: -- we 're talking about he -- Ms. Mendez: Yes. Vice Chair Carollo: -- him, his business. Ms. Mendez: Yes. Vice Chair Carollo: Not that he flips it to somebody else. Chair King: And (Comments in Spanish not translated). His brother is right there. Ms. Mendez: And if not, there -- the -- it's -- the 3 percent -- the extra 3 percent is due and owing -- Vice Chair Carollo: Yeah, and just -- Ms. Mendez: -- in addition to -- okay. Vice Chair Carollo: -- put the amount of the difference of the 3 percent. Chair King: What that 3 percent would be. Commissioner Reyes: With 17 -- Ms. Mendez: Okay. Commissioner Reyes: -- $17,000, but -- Ms. Mendez: So, this would probably be a covenant running with the land. That's the only way we can -- Commissioner Diaz de la Portilla: A covenant running with the land. City of Miami Page 35 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Reyes: Absolutely. Ms. Mendez: All right. Commissioner Reyes: That 's what I was going to say. We have to tie this to the land. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Commissioner Reyes: You have to tie it to the land because you cannot tie it to a person. Vice Chair Carollo: Yeah. Commissioner Reyes: You tie it to a person -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- and then the person -- if the person flips it or sells it, the person is the one that is liable. Chair King: Okay. Commissioner Reyes: We have to tie it to the land. Vice Chair Carollo: And -- yeah. And now, I think you 've gotten what you want for your district, and we've -- Chair King: You have some assurances. Vice Chair Carollo: -- make sure -- Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- that we 're keeping the 10 percent. Chair King: Yes. Commissioner Diaz de la Portilla: For the rest of the city. Chair King: Yes. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: So, you got what you wanted for your district -- Vice Chair Carollo: Oh, oh, yeah. Commissioner Diaz de la Portilla: -- and we guarantee the rest of the city. And I'll second that motion. Vice Chair Carollo: Yeah. City of Miami Page 36 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.6 13336 Office of the City Attorney Chair King: All in favor? The Commission (Collectively): Aye. Chair King: That is government at work. Ms. Mendez: As amended. Todd B. Hannon (City Clerk): As -- Commissioner Reyes: Okay, as amended. Chair King: As amended. Mr. Baltodano: Thank you so much. Commissioner Diaz de la Portilla: It's ugly. It's like making sausage. It's ugly, but it works. It tastes delicious after. Commissioner Reyes: Hey -- Chair King: And at this time, we -- Commissioner Diaz de la Portilla: Congratulations. Commissioner Reyes: -- that is fine. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN, CE2003022485 ON THE PROPERTY LOCATED AT 89 NORTHEAST 70 STREET, MIAMI, FLORIDA, WHICH WAS RECORDED ON AUGUST 19, 2005, 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.6 was deferred to the April 27, 2023, City Commission Meeting. City of Miami Page 37 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.7 13340 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE ACTIONS OF THE CITY ATTORNEY AND FURTHER DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST NEW YORK MARINE AND GENERAL INSURANCE COMPANY IN CASE STYLED AS: CITY OF MIAMI V. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, CASE NO.: 22-21741 REGARDING INSURANCE COVERAGE. ENACTMENT NUMBER: R-23-0078 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. RE.8 RESOLUTION 13418 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("COVENANT"), IMPACTING THE PROPERTY LOCATED AT 98 NW 27 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE COVENANT TO SUPERSEDE AND REPLACE THE AFFORDABLE HOUSING RESTRICTIONS SET FORTH IN THE QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3715, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, IN THE DECLARATION OF RESTRICTIVE COVENANTS, RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3720, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, IN THE COVENANT RUNNING WITH THE LAND - SINGLE FAMILY, RECORDED IN OFFICIAL RECORDS BOOK 25620, PAGE 3046, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND IN THE DECLARATION OF RESTRICTIVE COVENANTS FOR AFFORDABLE HOME- OWNER DEVELOPMENTS, RECORDED IN OFFICIAL RECORDS BOOK 25879, PAGE 2954, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; 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-23-0079 City of Miami Page 38 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.1. City of Miami Page 39 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RE.9 RESOLUTION 13419 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE REPLACEMENT OF THE PROPERTIES LOCATED AT 2293 SW 17 TERRACE (A) AND 2293 SW 17 TERRACE (B) ORIGINALLY SELECTED TO BE DEVELOPED AS AFFORDABLE SINGLE-FAMILY HOMES IN DISTRICT 4 WITH THE PROPERTIES LOCATED AT 700 SW 63 AVENUE AND 632 SW 63 AVENUE IS AUTHORIZED ("UPDATED PROJECT"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND, ON A REIMBURSEMENT BASIS, THREE HUNDRED EIGHTY- THREE THOUSAND, FIVE HUNDRED THIRTY-EIGHT AND 56/100 DOLLARS ($383,538.56) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS ("MIAMI FOREVER AFFORDABLE HOUSING BONDS") TO DEVELOP THE PROPERTY LOCATED AT 632 SW 63 AVENUE AS AN AFFORDABLE SINGLE-FAMILY HOME, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE CITY MANAGER TO RE -ALLOCATE AND APPROPRIATE THREE HUNDRED EIGHTY- THREE THOUSAND, FIVE HUNDRED THIRTY-EIGHT AND 56/100 DOLLARS ($383,538.56) IN PARK IMPACT FEES TO THE FAIRLAWN COMMUNITY PARK PROJECT, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B233506; AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND, ON A REIMBURSEMENT BASIS, FOUR HUNDRED FIFTEEN THOUSAND, NINE HUNDRED TWENTY-SIX AND 50/100 DOLLARS ($415,926.50) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MIAMI FOREVER AFFORDABLE HOUSING BONDS TO DEVELOP THE PROPERTY LOCATED AT 700 SW 63 AVENUE AS AN AFFORDABLE SINGLE-FAMILY HOME, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE CITY MANAGER TO TRANSFER THREE HUNDRED NINETY- SIX THOUSAND, TWENTY AND 50/100 DOLLARS ($396,020.50) IN CDBG FUNDS TO THE DISTRICT 4 ACCOUNT TO BE ALLOCATED BY SEPARATE RESOLUTION TO ELIGIBLE CDBG PUBLIC WORKS ACTIVITIES; AUTHORIZING THE CITY MANAGER TO RE -ALLOCATE AND APPROPRIATE NINETEEN THOUSAND, NINE HUNDRED SIX AND 00/100 DOLLARS ($19,906.00) IN PARK IMPACT FEES TO THE FAIRLAWN COMMUNITY PARK PROJECT, OCI PROJECT NO. 40-B233506; AUTHORIZING THE DE -OBLIGATION OF HOMEOWNERSHIP INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS FROM THE UPDATED PROJECT AND FUNDING OF THE UPDATED PROJECT, ON A REIMBURSEMENT BASIS, WITH ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, THREE HUNDRED TWENTY-TWO AND 00/100 DOLLARS ($1,716,322.00) IN MIAMI FOREVER AFFORDABLE HOUSING BONDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; THE DE -OBLIGATED HOME FUNDS WILL BE RE -ALLOCATED AND APPROPRIATED TO AN ELIGIBLE PROJECT(S) WITHIN THE CITY'S DISTRICT 4, BY SEPARATE CITY ACTION, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE City of Miami Page 40 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 RECEIPT OF ALL NECESSARY APPROVALS INCLUDING, BUT NOT LIMITED TO, HCD AND HCLC APPROVALS; DECLARING THE CITY'S OFFICIAL INTENT TO ISSUE TAXABLE MIAMI FOREVER AFFORDABLE HOUSING BONDS, IN ONE OR MORE SERIES, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, RULES, AND REGULATIONS REGARDING THE MIAMI FOREVER AFFORDABLE HOUSING BONDS, AND USE A PORTION OF THE MIAMI FOREVER AFFORDABLE HOUSING BONDS IN THE TOTAL AMOUNT OF TWO MILLION, FIVE HUNDRED FIFTEEN THOUSAND, SEVEN HUNDRED EIGHTY- SEVEN AND 06/100 DOLLARS ($2,515,787.06) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE UPDATED PROJECT AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER AFFORDABLE HOUSING BONDS ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR THE PURPOSES SATED HEREIN. ENACTMENT NUMBER: R-23-0071 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 41 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 12574 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Office AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION", CHAPTER 10 OF THE CITY CODE, TITLED "BUILDINGS", CHAPTER 11 OF THE CITY CODE, TITLED "CABLE TELEVISION", CHAPTER 11.5 OF THE CITY CODE, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW', CHAPTER 13 OF THE CITY CODE, TITLED DEVELOPMENT IMPACT AND OTHER RELATED FEES", CHAPTER 17 OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION", CHAPTER 18 OF THE CITY CODE, TITLED "FINANCE", CHAPTER 22 OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE", CHAPTER 31 OF THE CITY CODE, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS", CHAPTER 35 OF THE CITY CODE, TITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 39 OF THE CITY CODE, TITLED "PEDDLERS AND ITINERANT VENDORS", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE CITY CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14138 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: And at this time, we're going to move forward with our agenda, SRs (Second Readings). Do I have a motion? Commissioner Reyes: I move it. Vice Chair Carollo: I'm sorry. Commissioner Reyes: No, wait a minute. Vice Chair Carollo: On -- Commissioner Reyes: Wait a minute. Vice Chair Carollo: What are we voting on? Chair King: So, it's SR.1, SR.2, SR.3, SR.4, SR.5. City of Miami Page 42 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Vice Chair Carollo: Okay. If I may, Chairwoman. Chair King: 1 through 5. Vice Chair Carollo: Yeah. If on SR.5, if I could ask for a deferral for the next meeting since I'm really not clear on this one. I, unfortunately, was absent when this came up first, and I'd just like to bring it to the next meeting. Chair King: Okay. And staff, would you please brief -- because that's in my district and -- Vice Chair Carollo: Yeah, no, no. I know that. Chair King: Okay. All right. Commissioner Reyes: Madam Chair. Chair King: So, I don't have -- Vice Chair Carollo: I -- but -- Chair King: -- an issue with it so you can be clear about it. Vice Chair Carollo: -- but it's going to be citywide, right? Chair King: No, no. Vice Chair Carollo: Oh, no? Chair King: It's not citywide. Commissioner Reyes: Okay. Chair King: Is it citywide? Victoria Mendez (City Attorney): It's just tweaking Chapter 35. It's already in Miami 21, which says that there's no residential -- there's no valet in residential. Vice Chair Carollo: Right. Ms. Mendez: And this is just placing it in Chapter 35 to clam that there 's no valet in residential. Chair King: In residential. Vice Chair Carollo: Okay. Ms. Mendez: Anyway -- Vice Chair Carollo: All right. I'll take it back if it's clear. Ms. Mendez: Unless you have -- Chair King: Okay. Ms. Mendez: -- a party -- unless you have a party, and you want to hire your own little valet company to put the -- City of Miami Page 43 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: Right. Vice Chair Carollo: Yeah, but that's not -- Ms. Mendez: Other than that -- Vice Chair Carollo: -- that's not having a party every day or -- Chair King: No. Ms. Mendez: No, no. Vice Chair Carollo: -- every weekend. Chair King: No, no, no. Ms. Mendez: No, no. Vice Chair Carollo: Okay. Chair King: No. Vice Chair Carollo: All right. Chair King: So, we '11 leave that? Vice Chair Carollo: All right. So, then -- yeah, you could leave it then. Chair King: Okay. Vice Chair Carollo: I -- that's clarified. Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Reyes: I -- as you under -- I mean, you remember, I voted against SR.3, and I would like to vote -- I mean, vote in the other ones and take SR -- Chair King: Hold out -- Commissioner Reyes: -- SR.3 -- Chair King: Okay, hold it. Commissioner Reyes: -- by itself because I'm going to -- Chair King: Okay. Commissioner Reyes: -- out of consistency -- Chair King: Okay. Commissioner Reyes: -- I am going to -- Chair King: Okay. So we have in play SR.1, SR.2, SR.4 and 5. Do I have a --? City of Miami Page 44 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Vice Chair Carollo: Move -- move. Commissioner Reyes: Second. Chair King: Do I have a second? Commissioner Diaz de la Portilla: I'll second it. Well, I think he seconded. Chair King: All in -- he seconded. Commissioner Diaz de la Portilla: Yeah, that's fine. Chair King: All in favor? Todd B. Hannon (City Clerk): Chair, the titles. Ms. Mendez: An ordinance -- Chair King: Oh, Victoria, can you read the titles? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: And Chair, just for the record, the City Attorney is only reading the title in for SR.3. It's not part of the items that are going to be voted upon, just for clarification. Vice Chair Carollo: Yeah. Chair King: Okay. Commissioner Reyes: That's right. Chair King: All right. Commissioner Reyes: That's right. Ms. Mendez: Is -- Commissioner Diaz de la Portilla: Which ones -- Ms. Mendez: -- it being voted -- Commissioner Diaz de la Portilla: -- are we voting? Ms. Mendez: -- on later? Chair King: We're voting on -- because Commissioner Reyes asked to pull it out for discussion. City of Miami Page 45 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Mendez: Oh, I'm sorry. That's right. Chair King: So, we 're voting on SR.1 -- Commissioner Diaz de la Portilla: Okay. Chair King: -- SR.2 -- Commissioner Diaz de la Portilla: Okay. Chair King: -- SR. 4 and 5. Ms. Mendez: Okay. I need SR. 4 and 5. Thank you for claming, Mr. Clerk. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Thank you. Commissioner Reyes: It 's been moved, right? Vice Chair Carollo: Yeah. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. SR.2 ORDINANCE Second Reading 12544 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-272 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS DEPARTMENT/PLAN REVIEW FEE," PROVIDING FOR THE TRANSFER OF THE TRAFFIC STUDY FEE UNDER CHAPTER 62/ARTICLE VI/SECTION 62-22 OF THE CITY CODE, TITLED "PLANNING AND ZONING/ZONING AND PLANNING FEES/SCHEDULE OF FEES," TO THE RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14139 City of Miami Page 46 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see "Public comments for all item(s) on the agenda" and SR.1 SR.3 ORDINANCE Second Reading 12929 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON GOVERNMENT -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14140 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla NAYS: Reyes Vice Chair Carollo: Okay, SR.3 now. Chair King: Yes. Vice Chair Carollo: Move. Chair King: Let's take up -- Commissioner Diaz de la Portilla: I will second it. Vice Chair Carollo: Madam City Attorney, on SR.3, is it clear in the ordinance or not that for Bayfront Park and Maurice Ferre Park the monuments/signs will be no greater than 400 square feet? Victoria Mendez (City Attorney): If it is not clear, we will make sure that it is clear no more 400 feet -- Vice Chair Carollo: Well, that's -- Ms. Mendez: -- at the Bayfront -- Vice Chair Carollo: -- for the monument signs. City of Miami Page 47 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Ms. Mendez: For the monument signs. Yes, I will clam in the legislation. Vice Chair Carollo: Okay. Chair King: And -- Ms. Mendez: So, as amended, just in case because right now I'm -- I have to pull it up to make sure. Vice Chair Carollo: Okay. Ms. Mendez: I don't think it has the size on the monument signs, so I will -- Vice Chair Carollo: Okay, well -- Ms. Mendez: -- make sure it's in there. Vice Chair Carollo: -- well, we're going to keep -- Commissioner Diaz de la Portilla: But does it have --? Vice Chair Carollo: -- it that way at Bayfront Park, so whether it's there or not, I'm not as concerned because, you know, we will keep it as a board on these monuments. Ms. Mendez: But it'll be clear that it is no more than -- Vice Chair Carollo: Okay. Ms. Mendez: -- 400 feet -- Vice Chair Carollo: Okay. Ms. Mendez: -- on the monument signs. Chair King: Commissioner Reyes, does --? Commissioner Diaz de la Portilla: But I have a question. Chair King: Okay, he want -- he 's the one that pulled it. Commissioner Reyes: Yes, I stated my concerns in a previous meeting. It is too broad, it is too broad. It allows everybody to -- I mean, any public City -owned property. That could be parks and any place. I don't think that -- maybe now somebody's not going to use it but in the future some people could say, okay, now in Shenandoah Park we can place one and can place it -- it is too broad. And also, I -- the monument, that's not what I was told in the first voting, that the monuments were going to be 40 square feet instead of 400. Four hundred square feet is large, and I cannot picture myself -- I cannot fathom myself having three or four, whatever, three of those 400 square feet billboards in Bayfront Park. I -- I'm sorry, but I think parks should be parks, you know. They shouldn't be -- even in New York, the -- there's a -- you don't see -- in Central Park, you don't see any billboards. As a matter of fact, they have an ordinance that you cannot have a billboard that could be seen from a park, you see. I believe that we should have one in the PAW (Perez Art Museum Miami), Virginia Key, but that is specific. But that's why I'm going to vote no. And later on, if you want to change it, well, you can change it, but that is my opposition to City of Miami Page 48 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 it. So, you can vote for it, and I mean, my vote is not going to preclude this from passing -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- I know. So, let's just go right ahead. Vice Chair Carollo: Well, if I could include this in the record so that we're clear. There was some individuals that, with malice, started putting out emails showing these huge billboards that were going to go in the middle -- Commissioner Reyes: I didn't see that. Vice Chair Carollo: -- of Bayfront Park, Ferre Park by the water. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: That was totally not true. It's not true. What this particular ordinance is approving based upon what was voted upon by the board of Bayfront Park Trust is only four, four small monument signs, bigger than the ones that the DDA (Downtown Development Authority) has all over Biscayne Boulevard, yes, but not these huge signs. These are under 400 square feet, that are much smaller than your normal billboard, but greater than the small signs that we have out there now. There's only going to be four of them that we're going to approve; two in Bayfront Park and two in Maurice Ferre Park. And they're right at the edge by the sidewalk inside the park, but right by the sidewalk at the end -- you know, at the beginning of one, at the ending of the other, at the beginning of one and at the ending of the other. This is going to bring substantial revenue for us to be able to keep on management and doing so much and running these parks, in particular, Ferre Park. Ferre Park, we have very little money to run the park. Most of the money that -- and when I say "most, " probably 90 percent or so of the money that's being used to run that park comes from the revenues that Bayfront Park raises. Commissioner Reyes: Yes, I know, I know. I know that. Vice Chair Carollo: So, we need that there, and particularly, with all the amenities that we're planning to come in the future, including the largest playground that the state of Florida will have. Our next phase is going to be 20-plus outdoor exercise equipment for people to do exercise. We already opened what I think is the largest actual dog park in Florida that's divided into one park for big dogs and one park for little dogs where people could just go and let their dogs loose. Commissioner Reyes: And do the things. Vice Chair Carollo: You're all invited this Saturday for the official grand opening of the dogs and cats walkway sculpture gardens. It's beautiful. You'll really enjoy. Commissioner Reyes: It is. Vice Chair Carollo: And there's going to be a lot of activities Saturday, including for the kids. They'll be from 2 p.m. -- you could come earlier -- until at least 6, maybe 8 p.m. So -- Commissioner Diaz de la Portilla: At Bayfront. Vice Chair Carollo: -- come. There'll be music, symphony music. We're going to have the Three Latin Divas. You know, it's like the Italian guys that sing -- City of Miami Page 49 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Diaz de la Portilla: Bayfront. Vice Chair Carollo: -- opera, but these are -- Commissioner Reyes: What was the name, the Three Banditos? Vice Chair Carollo: No, no, the Divas. Commissioner Diaz de la Portilla: Or the Three Amigos. Vice Chair Carollo: Yeah. Commissioner Reyes: Or the Three Amigos. Vice Chair Carollo: So, there'll be bounce houses for the kids, and it'll just be a good family type event that everybody will enjoy, and it 's free to the public. But most of all, you'll be able to enjoy the most beautiful sculpture gardens down here in South Florida, with more flowers -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- than any other place that we have down here. And then you'll see the outstanding work that our local artists have done in painting a total of 57 dogs and cats that are going to be shown there. And these are all local artists that -- people that live here, so you're going to be surprised at the talent that Miami has. It's really amazing, you know, what we've seen. And you're all invited. So, these are the things that are coming there into the future, soccer fields, other sports -related activities, even a glorieta that is going to be planned. There'll be a small area where we 're going to be bringing in, in the future, the Humane Society so that we'll have little dogs and kittens for people to adopt. Hopefully, we'll have a vet to give shots and so on that's closer for people in the area, especially when you have so many apartments in Miami, Downtown, Brickell, and other parts that it seems everybody or every other apartment's got a dog or two. And you know, they'll have a vet that they could come to. So, it's going to be a lot of activities that'll be there, a lot of upkeep and maintenance and people that we have to hire for that and on every day. When you open up a playground the size of the one we're planning, you need personnel there to make sure that there's safety, that everything's being -- running properly. So, this is why we need this. And I prefer to have four small monument LEDs (Light Emitting Diodes) than to have to have all these concerts and what have you that, you know, are very intrusive into people 's life, not to mention the problems they have at night. So, that -- this is why we're doing this, and I just wanted to be transparent in what we're planning there, that it's not going to be this huge billboards that you see in 95. What was being sent maliciously to neighbors telling them this is what we 're putting there, that that's not so, not in this ordinance. Commissioner Reyes: I -- Ms. Mendez: Commissioner -- Commissioner Reyes: -- I want to say something. I didn't see -- I didn't know that that campaign was going on because I never received any of those emails, and I never pay attention to what social media says because they always -- they're never to -- I mean, sometimes they exaggerate what the problem is. I have my concerns. And I ask for a illumination analysis, and I didn't get no -- for the neighbors. And I do understand your intent, and I'll take it -- I mean, and it is nothing bad. We 're frying to get more revenues, and I know that you need more revenues because of the things -- City of Miami Page 50 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 what you are doing in Bayfront Park is very commendable. I -- the dogs and cat walk, it is -- I have heard so many good things about it. And I know that you are going to need some money for maintenance, and I am willing to vote with you and to increase the budget and have a line item for maintenance. But I have my concerns, and I just want to vote with my conscience. It is too broad, the legislation, and let's hope for the best. But I have to stand in my -- on my word, and I vote with my conscience. And on a clear conscience, I cannot do it because I think that a 400 square feet monument sign is big, in my opinion. It's 20 by 20, you see. And so, let's vote. Vice Chair Carollo: Commissioner -- Ms. Mendez: Commission, I would -- Vice Chair Carollo: -- I very much respect your opinion. Commissioner Reyes: Sure. Vice Chair Carollo: All that I was trying to do was be transparent -- Commissioner Reyes: I -- yeah, me too. Vice Chair Carollo: -- and put in the record what we're planning on doing there in the future. But I certainly respect your vote. Commissioner Reyes: Sure, sir. Chair King: I'd also like to put on the record -- and I've said this before -- that there will be no sign on the Historic Virginia Key Beach Park that is not environmentally and/or historically sensitive to the space. We can't have big billboards with bright lights because we have to take care of the wildlife that's there, the turtle mating season, and that would be -- Commissioner Reyes: Yeah. Chair King: -- detrimental. So, I want to make sure that it is in the legislation that there is no sign that will go on the Virginia Key Beach Park that is environmentally unsafe. Ms. Mendez: We wrote, "Lumens need to be compliant with environmental standards for nesting turtles and other endangered animals." Chair King: Perfect. So, that will ensure that we don't overstep. Ms. Mendez: And then I just wanted to -- Commissioner Diaz de la Portilla: What endangered --? I'm sorry, Madam -- I'm sorry, if I may. What endangered animals do we have, Madam City Attorney, in that area? Ms. Mendez: Well, just in case we have any. Chair King: No, we do have -- Commissioner Diaz de la Portilla: Well, do we have a list of -- Chair King: Yes, they have -- they have it there at the park. City of Miami Page 51 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Diaz de la Portilla: Who has it, the Wildlife Commission -- the Florida Wildlife Commission? Who has that list? Chair King: They would have it as well, and they have it at the -- in the records at the Virginia Key Beach Park. The Trust -- Commissioner Reyes: Turtles, for one. Chair King: -- keeps that. Commissioner Reyes: Turtles -- Commissioner Diaz de la Portilla: Okay. Chair King: So, the turtles -- Commissioner Reyes: -- the tortuga. Chair King: -- are endangered. Commissioner Diaz de la Portilla: Are you sure the Trust keeps it? We have a new board -- Chair King: Yes. Commissioner Diaz de la Portilla: -- on that trust. Chair King: No, no, no, no. There're even alligators out there. It's alligators or crocodiles. Commissioner Reyes: Turtles -- Vice Chair Carollo: What are the ones -- Commissioner Reyes: -- manatees. Chair King: Whichever one. Vice Chair Carollo: One of the ones we have that's endangered there is the Cuban lizard. Commissioner Diaz de la Portilla: The what? Vice Chair Carollo: Cuban lizard. Commissioner Reyes: The Cuban lizard. Commissioner Diaz de la Portilla: The Cuban lizard, yeah. Chair King: There's all -- Commissioner Diaz de la Portilla: From Matanzas, I think, yeah. Chair King: -- there's all kind of -- Commissioner Reyes: Oh, no, Santa Clara. City of Miami Page 52 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: -- wildlife and special plants that are indigenous -- Commissioner Reyes: (UNINTELLIGIBLE), Camaguey. Chair King: -- to the area. I'm getting a whole education on what's happening out there. But I -- you know, I just want to make sure that we preserve -- Commissioner Diaz de la Portilla: Of course. Chair King: -- this space. So, I want to make sure that's in the legislation so when I'm long gone -- Commissioner Diaz de la Portilla: So, we're putting it there. I just want to make sure what standard we 're using because it is sort of vague, right? It's kind of like -- Ms. Mendez: Well, I mean, endangered animals are on a list. Commissioner Diaz de la Portilla: On which list? Do you have that list? Ms. Mendez: I don't have it, but the -- Commissioner Diaz de la Portilla: There are a number of lists that -- Ms. Mendez: -- professionals -- Commissioner Diaz de la Portilla: -- have endangered animals, national lists, there's Florida lists, there's -- Ms. Mendez: -- professionals other than me. Commissioner Diaz de la Portilla: Okay. All right, but you know there 're different lists of the -- Ms. Mendez: Yes, yes. Commissioner Diaz de la Portilla: Right, okay, okay. Ms. Mendez: Agreed, agreed. Commissioner Diaz de la Portilla: All right. Chair King: So, all in -- Ms. Mendez: And then I -- Commissioner Diaz de la Portilla: So, let's not overdo it either -- Chair King: Wait, she has one more. Commissioner Diaz de la Portilla: -- right? Ms. Mendez: One more thing. Commissioner Carollo, right now as the legislation reads, notwithstanding there shall be no more than three signs located within Bayfront Park and no more than two signs at Maurice Ferre Park. That's how we have it. And then the 400 -- it 's 400 -- you 're correct. It was 400 square feet that we have in the legislation. It says, "Signs installed with pedestal within Bayfront Park, City of Miami Page 53 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Maurice Ferre Park, and Virginia Key Beach Park shall not exceed 400 square feet total with embellishments per sign." Chair King: All in favor? Commissioner Diaz de la Portilla: Well, one more question because it's Commissioner Carollo's area. For future development that may occur there, is there leeway for a larger sign? How do we manage that later on, just pass new legislation, I guess, moving forward? Vice Chair Carollo: Well, look, I think there's another ordinance that -- Commissioner Diaz de la Portilla: A community center, you know, something of that nature. Vice Chair Carollo: That has to do -- by law -- let me say this. By law, spacing them the way that I described, you could only put two -- Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: -- at Ferre Park, and you could only put three at Bayfront Park. There's room in the center for another one. That's the one that's being discussed. It's a bigger billboard that I think is included in another ordinance that we have here. Commissioner Diaz de la Portilla: Correct, okay. Vice Chair Carollo: And now, if there's going to be a conflict with that, Madam City Attorney -- Ms. Mendez: No, that -- Vice Chair Carollo: -- one ordinance with the other, then -- Ms. Mendez: No. Vice Chair Carollo: -- let's resolve that. Ms. Mendez: No, no. There is no -- the ordinance sponsored by Commissioner Diaz de la Portilla has a -- Vice Chair Carollo: Yeah. Ms. Mendez: -- a separate sign that's about -- Vice Chair Carollo: Okay. Ms. Mendez:--1,800 -- Vice Chair Carollo: All right, yeah. Ms. Mendez: -- square feet -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: Yeah, so that -- Ms. Mendez: -- at Bayfront. City of Miami Page 54 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Vice Chair Carollo: -- that's separate. That's why we did this this way. You have a separate ordinance -- Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- on that. I will say that while I voted against that bigger sign at the Bayfront Park Trust, the rest of my board, I believe unanimously, with the exception of my vote, voted for it. So, I believe I'm obliged to represent the vote of that board here today. Commissioner Diaz de la Portilla: Yes, sir, okay. Vice Chair Carollo: Even though I might feel differently. Commissioner Diaz de la Portilla: Okay, thank you, Commissioner. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimous -- I mean, with -- Commissioner Diaz de la Portilla: One exception. Commissioner Reyes: No. Todd B. Hannon (City Clerk): So, the motion -- Chair King: One "no." Mr. Hannon: -- passes, 3-1 -- Chair King: Three to one. Mr. Hannon: -- with Commissioner Reyes voting no. Chair King: Yes. Mr. Hannon: And Madam City Attorney, it'll be as -is, no amendments. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Correct. Commissioner Reyes: (INAUDIBLE) vote. City of Miami Page 55 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 SR.4 ORDINANCE Second Reading 13233 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL," AND MORE SPECIFICALLY SECTION 22- 93, TITLED "ENFORCEMENT AND ADMINISTRATIVE FEES," TO PROVIDE FOR EXEMPTIONS FOR RESIDENTIAL PROPERTY OWNERS WHO ARE VICTIMS OF AN UNRELATED PARTY ILLEGAL DUMPING AND TO ADJUST THE CITATION AMOUNTS AS ISSUED TO CONFORM WITH FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14141 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes Referencing Item Number SR.4, please see Item Number SR.1. SR.5 ORDINANCE Second Reading 13232 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING," TO PROVIDE FOR RESTRICTIONS FOR USE OF RESIDENTIAL RIGHT-OF-WAY FOR VALET PARKING SERVICES AND TO AMEND ENFORCEMENT AND FINE AMOUNTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14142 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes Referencing Item Number SR.5, please see Item Number SR.1. City of Miami Page 56 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 SR.6 ORDINANCE Second Reading 13142 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION;" FURTHER AMENDING SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION," TO EXTEND THE PILOT PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI FOR ONE (1) FURTHER YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item SR.6 was deferred to the February 23, 2023, City Commission Meeting. END OF SECOND READING ORDINANCES City of Miami Page 57 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 DI.1 12930 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2023 FLORIDA LEGISLATIVE SESSION AND THE 117TH UNITED STATES CONGRESS. RESULT: DISCUSSED Chair King: We have our legislative -- Manuel Baltodano: Thank you. Chair King: -- priorities discussion item. Commissioner Reyes: DI.1. Chair King: Good morning. Donald Wolfe (Senior Advisor to the City Manager): Good morning, Madam Chair. Chair King: Good morning. Mr. Wolfe: Members of the Commission, Mr. Clerk, and Madam City Attorney, now that the state legislative session is approaching and a couple of weeks away, the time has come for the board to approve the 2023 legislative priorities for the City of Miami. Now, before we do so, some highlights from last year. The City of Miami had an unprecedented record year in appropriation funding and federal earmarks. We were able to receive and secure over $11 million in state appropriation funds for specific City of Miami projects within each of your districts, as well as $12 million in federal earmarks. Now, at the state level, that's over $8 million more than the previous year. And we can only thank the champions here on this board. I was up in Tallahassee with each one of you advocating on behalf of these projects, as well as the Dade Delegation and our sponsors there who make sure to see these projects all the way through. Now, as far as the priorities, I want to reiterate to this board that this is the current list of what we are focused on, on legislation that we are opposing or supporting and specifics, but this is a living and breathing list that we can add to as the legislative session begins and continues. Last, I ask that this board, if it's the will of the body, to bifurcate the discussion item which includes federal priorities so that the administration can come back at a more appropriate time and present federal priorities for this board to approve, if it's the will of the body. Any questions from the board? Chair King: No, not at all. I don't have an issue with bifurcating and having the federal items come back. So, do I have a motion to accept? Vice Chair Carollo: Motion, motion. Chair King: Second? City of Miami Page 58 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Todd B. Hannon (City Clerk): Chair, it's just a discussion item. Chair King: Oh, so we don 't have to -- but what about bringing back the other items? That's fine too? Mr. Hannon: Are you going to bring back legislation or are -- Victoria Mendez (City Attorney): Well, in a -- Mr. Hannon: -- you adopting a resolution? Ms. Mendez: -- in a perfect world, there would be a resolution with the attachment of what all the priorities are so that we have it, and then we amend it from time to time. Chair King: Well, at that time, we'll say -- at this time, we'll say thank you. Thank you for sharing this information with us and the good work that you do. Mr. Wolfe: Thank you, Madam Chair. Vice Chair Carollo: Thank you. Mr. Wolfe: Thank you, Commissioners. Chair King: Thank you. END OF DISCUSSION ITEMS City of Miami Page 59 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.1 8938 Office of the City Clerk BC.2 13373 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.1, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ART IN PUBLIC PLACES BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Maria Napoles ENACTMENT NUMBER: R-23-0080 NOMINATED BY: Mayor Francis Suarez MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 60 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.3 11553 Office of the City Clerk Note for the Record: For additional minutes referencing Item Number BC.2, please see "Public comments for all item(s) on the agenda." Chair King: At this time, I believe we are on boards. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. BC.2, Art in Public Places. Mayor Suarez will be reappointing Maria Napoles at the recommendation of the Planning Department. Commissioner Reyes: Move. Chair King: He said who. Oh, you said move it? Commissioner Reyes: Yes, I did. Chair King: All right. Second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 61 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.4 6672 Office of the City Clerk BC.5 12163 Office of the City Clerk Note for the Record: For minutes referencing Item Number BC.3, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.4, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Louissaint Commissioner Christine King ENACTMENT NUMBER: R-23-0081 City of Miami Page 62 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.6 13122 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number BC.5, please see "Public comments for all item(s) on the agenda." Todd B. Hannon (City Clerk): BC.5, Bayfront Park Management Trust. Chairwoman King will be appointing Marie Louissaint. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.6, please see "Public comments for all item(s) on the agenda." City of Miami Page 63 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.7 13408 Office of the City Clerk BC.8 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.7, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 64 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.9 13409 Office of the City Clerk Note for the Record: For minutes referencing Item Number BC.8, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fernando Acosta Commissioner Alex Diaz de la Portilla ENACTMENT NUMBER: R-23-0082 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number BC.9, please see "Public comments for all item(s) on the agenda." Chair King: Okay, now -- Vice Chair Carollo: The -- Chair King: It's 11:30. We're on the PZ (Planning and Zoning) items. I know there's a two -- Vice Chair Carollo: Yeah, I have one more appointment that's mine that's there, right, that's in the board? (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Excuse me? (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Yes. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Okay. I'll deal with it next meeting. Thank you. Chair King: What you guys want to do? It's 11:30. Vice Chair Carollo: Well, we could break. City of Miami Page 65 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Chair King: You want to go -- Vice Chair Carollo: Come back at 2:30. Chair King: At 2:30? Vice Chair Carollo: Yeah. Chair King: You want to take a break and come -- Commissioner Diaz de la Portilla: We do have a -- an appointment, I believe, of Fernando Acosta to the Code Enforcement Board, my appointment. Chair King: Okay. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Did you get that, Todd? Commissioner Diaz de la Portilla: Fernando Acosta. Chair King: You got it? Commissioner Diaz de la Portilla: You got it? Chair King: Okay. How do you guys want to go? It's 11:30 (INAUDIBLE). Commissioner Diaz de la Portilla: Take a break. Chair King: Joe had said at 2:30, so take a break until -- Commissioner Diaz de la Portilla: Can we --? Chair King: Come back at 2? Unidentified Speaker: At 2:30. Unidentified Speaker: 2? Chair King: At 2? 2 o 'clock? Unidentified Speaker: (UNINTELLIGIBLE). 2:30? Vice Chair Carollo: 2:30. Chair King: At this time, the -- Commissioner Reyes: (UNINTELLIGIBLE) 2:30 or -- Vice Chair Carollo: Yeah, but -- City of Miami Page 66 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: -- so you know -- Chair King: No. Vice Chair Carollo: -- at 2:30 -- Chair King: No, there's a time certain. Vice Chair Carollo: -- there's a spe -- Victoria Mendez (City Attorney): You really don't want to finish now? Vice Chair Carollo: There -- Commissioner Reyes: (INAUDIBLE). Ms. Mendez: Run through them? Vice Chair Carollo: There's a special presentation that we have at 2:30 -- Commissioner Reyes: We could finish. Vice Chair Carollo: -- that we 're being given certain things by someone that -- Chair King: We could finish. I'll be back. Vice Chair Carollo: Okay. Chair King: I will be here for it. You want to finish up the PZs? But then the meeting is over. Vice Chair Carollo: No, I'd rather come back at 2:30 now and take this time. Chair King: Okay. Vice Chair Carollo: Yeah. Chair King: So, we'll be on recess until 2:30. 2:30, guys, 2:30. Vice Chair Carollo: Thank you. Commissioner Reyes: Thank you. Commissioner Diaz de la Portilla: I was here. City of Miami Page 67 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.10 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.10, please see "Public comments for all item(s) on the agenda." City of Miami Page 68 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.11 12423 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.11, please see "Public comments for all item(s) on the agenda." City of Miami Page 69 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.12, please see "Public comments for all item(s) on the agenda." City of Miami Page 70 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.13 13125 Office of the City Clerk BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.13, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.14, please see "Public comments for all item(s) on the agenda." City of Miami Page 71 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.15 13126 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Joe Carollo (Business and Finance or Law — Category 6) Commissioner Manolo Reyes (Architect — Category 1) Commissioner Christine King (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.15, please see "Public comments for all item(s) on the agenda." City of Miami Page 72 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.16 12164 Office of the City Clerk BC.17 12902 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.16, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: (Youth Member) NOMINATED BY: Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.17, please see "Public comments for all item(s) on the agenda." City of Miami Page 73 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.18 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.18, please see "Public comments for all item(s) on the agenda." City of Miami Page 74 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.19 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.19, please see "Public comments for all item(s) on the agenda." City of Miami Page 75 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.20 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.20, please see "Public comments for all item(s) on the agenda." City of Miami Page 76 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.21 13416 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.21, please see "Public comments for all item(s) on the agenda." City of Miami Page 77 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.22 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.22, please see "Public comments for all item(s) on the agenda." City of Miami Page 78 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 BC.23 11273 Office of the City Clerk BC.24 9549 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.23, please see "Public comments for all item(s) on the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nicolas Lopez -Jenkins MDC Commissioner for District 7 ENACTMENT NUMBER: R-23-0083 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 79 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Todd B. Hannon (City Clerk): Virginia Key Advisory Board. Miami -Dade County Commissioner for District 7 is requesting confirmation of Nicolas Lopez -Jenkins. Commissioner Reyes: Move it. Chair King: Second. Vice Chair Carollo: I missed it. For what now? Chair King: For the County's appointment to the Virginia Key Advisory Board. Vice Chair Carollo: Okay, that's the overall -- Chair King: Right, for Virginia Key. Vice Chair Carollo: Yeah, well -- Chair King: Not Virginia Key Trust. Vice Chair Carollo: Okay. At some point in the future, I think we need to revisit that because we have many, many people that are not from the City and we kind of lost control on it, but that's for the future that we deal with it. Chair King: Well, he actually lives on Virginia Key. Vice Chair Carollo: Yeah. Chair King: I met him. Vice Chair Carollo: All right, okay. Chair King: So -- Vice Chair Carollo: Yes. Chair King: -- motion, second. Move it. Vice Chair Carollo: Yes. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Aye. Chair King: All in favor? The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES City of Miami Page 80 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 12831 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 430 NORTHWEST 9 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14143 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Chair King: For the record, we're beginning the remainder of our Commission meeting for February 9th. We are now on our Planning and Zoning items. Victoria, I believe you need to read them into the record. Victoria Mendez (City Attorney): As in ordinances? Chair King: The titles. Ms. Mendez: Okay. So, for P&Z (Planning and Zoning) -- P&Z 1, 2, 3, 4, 5, 6, and 7 Chair King: Correct. Ms. Mendez: -- are the ones in play? Chair King: Yes. Commissioner Reyes: Yes, I will move all of them. Ms. Mendez: PZ.1. Chair King: And I'll second them. Ms. Mendez: An ordinance -- City of Miami Page 81 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 (COMMENTS MADE OFF THE RECORD) Ms. Mendez: He 's over here, Todd. I know you were looking. We got one more. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Madam Chair, do we see if the attorneys are here and if they're going to give any type of presentation? Chair King: Read them all. 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. Ms. Mendez: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 7. An ordinance -- is PZ. 7 also --? Chair King: Yes. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Okay. Ms. Mendez: That's it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 82 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 PZ.2 ORDINANCE Second Reading 12832 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 "T5-R", URBAN CENTER ZONE — RESTRICTED, TO "T5-L", URBAN CENTER ZONE —LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 430 NORTHWEST 9 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14144 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.2, please see Item Number PZ.1. PZ.3 ORDINANCE Second Reading 12862 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 "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1210, 1222, 1234, AND 1250 NORTHWEST 7 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14145 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 83 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Note for the Record: For minutes referencing Item Number PZ.3, please see Item Number PZ.1. PZ.4 ORDINANCE Second Reading 12863 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 "D1" WORK PLACE DISTRICT ZONE TO "T6-12-0" URBAN CORE TRANSECT ZONE — OPEN OF THE PROPERTY GENERALLY LOCATED AT 1210, 1222, 1234, AND 1250 NORTHWEST 7 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14146 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.1. PZ.5 ORDINANCE Second Reading 12918 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, BY AMENDING ARTICLE 5, SECTION 5.9.2, TITLED "BUILDING CONFIGURATION (D)," AND SECTION 5.9.6, TITLED "LANDSCAPE STANDARDS (D)", TO MODIFY REGULATIONS RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK AREAS) TO CLARIFY FENCE, WALL, AND FIRST LAYER (SETBACK AREA) FRONTAGE REQUIREMENTS IN THE Di AND D2 DISTRICT ZONES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14147 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 84 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.1. PZ.6 ORDINANCE Second Reading 12917 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE PARTICULARLY BY AMENDING ARTICLE 5, SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)," TO MODIFY REGULATIONS RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK AREAS) TO ALLOW EXISTING SINGLE-FAMILY HOMES AND TWO- FAMILY HOMES (DUPLEXES) IN THE "T5" AND "T6" TRANSECT ZONES TO UTILIZE THE PROVISIONS GENERALLY APPLICABLE TO FENCES AND WALLS FOR THESE USES IN THE "T3" TRANSECT ZONE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14148 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ.1. PZ.7 ORDINANCE Second Reading 12840 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; MORE SPECIFICALLY BY AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO CHANGE THE METHOD BY WHICH THE PARKING RATIO MAY BE REDUCED WITHIN OPPORTUNITY ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14149 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 85 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.1. PZ.8 ORDINANCE First Reading 12614 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.9 12835 Department of Planning MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.8 was deferred to the February 23, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 86 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 END OF PLANNING AND ZONING ITEM(S) City of Miami Page 87 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 NA.1 13492 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mercedes Rodriguez ENACTMENT NUMBER: R-23-0084 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla, and was passed unanimously to appoint Mercedes Rodriguez as a member of the Bayfront Park Management Trust; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, is hereby waived by a four -fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment Mercedes Rodriguez as a member of the Bayfront Park Management Trust. Todd B. Hannon (City Clerk): And Chair, just coming back to BC.5, Bayfront Park Management Trust. Commissioner Diaz de la Portilla will be reappointing Mercedes Rodriguez with a four -fifths employment waiver. Commissioner Reyes: Move. Chair King: Second. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: Thank you, Chair. That concludes -- Commissioner Diaz de la Portilla: Thank you -- thank you, Commissioners. Mr. Hannon: -- the boards and committees. City of Miami Page 88 Printed on 03/13/2023 City Commission Meeting Minutes February 9, 2023 ADJOURNMENT The meeting adjourned at 3:33 p.m. City of Miami Page 89 Printed on 03/13/2023