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HomeMy WebLinkAboutCC 2023-10-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 26, 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 Commissioner, District One Sabina Covo, 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 October 26, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo and Commissioner Covo Absent: Commissioner Reyes On the 26th day of October, 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. Chairwoman King opened the meeting at 10:22 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, Chairwoman King officially called the meeting to order at 10:45 a.m., recessed at 12:13 p.m., reconvened at 2:30 p.m., and adjourned at 3:28 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: We are now going to begin the City Commission meeting for October 26, 2023. Joining us today to provide the prayer is Mr. Addonis Parker, Jr. Hold on one second. Let me sign this. He is a wonderful young man, so spiritual, and I'm honored to say that he's a part of my team. He 's stepping in today for the pastor that we had scheduled. Please join us in prayer. Invocation delivered. Chair King: Thank you. Pledge of allegiance delivered. Chair King: Thank you, Vice Chair. City of Miami Page 1 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 14971 Honoree Presenter Protocol Item Planning Department Mayor and Commissioners Salute Lilo Vilaplana Mayor and Commissioners Proclamation Irasema Otero Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Salute to the Planning Department in recognition of National Community Planning Month. During this month, the Planning Department was able to complete the first phase of the community engagement process for Miami: Envision 2035, which is the update to the Miami Comprehensive Neighborhood Plan. This effort exemplified what makes community planning so important. The department conducted over 17 public meetings, including at least one meeting in every City Commission District, 15,000 notices were mailed, over 2,000 Constant Contact email addresses, door knockers and social media updates were provided, to name a few methods of outreach. In recognition of the department's dedication and commitment to the City of Miami, Elected Officials paused in their deliberations of governance to salute employees. 2) Mayor Suarez and Commissioners presented a Proclamation to Lilo Vilaplana, a remarkable filmmaker whose work has significantly contributed to the fight for freedom in Cuba. Through powerful creations like the series "Leyendas del Exilio," which recognizes prominent figures of the Cuban exile, and feature films like "El Caballo," "Plantados," and "Plantadas, " as well as his shorts "La Muerte del Gato" and "La Casa Vacia," Vilaplana has shed light on the struggles faced by the Cuban people. In addition to being an acclaimed director of popular TV series such as "El Capo" and "Duenos del Paraiso, " Lilo Vilaplana has globally condemned the horrors endured by political prisoners in Cuban jails. His film "Plantados" chronicles the early days of imprisonments and executions of conscience prisoners in Cuba, victims of the regime imposed by Fidel Castro. Elected Officials paused in their deliberations of governance to acknowledge the pivotal role played by Mr. Vilaplana; thanking him for his unwavering commitment to unveiling the truth to the world and dedicate this day to the brave Cuban political prisoners. 3) Mayor Suarez and Commissioners presented a Proclamation to Irasema Otero, a Cuban producer who has left an indelible mark in many hearts and minds for her exceptional work as a producer, collaborating alongside her life partner, the renowned Cuban filmmaker, Lilo Vilaplana. Ms. Otero 's passion for filmmaking knows no bounds, and her collaborations with Lilo have resulted in creations that have transcended borders and touched the souls of audiences worldwide. She has been a beacon of courage, fearlessly raising her voice to shed light on the atrocities of the Cuban dictatorship and the plight of political prisoners on the Caribbean Island. Her tireless efforts to spread awareness and speak out against injustice have transformed her into a respected and brave producer in the realms of both cinema and television. Elected Officials paused in their deliberations of governance to celebrate Ms. Otero for her remarkable talent and creativity along with her unwavering commitment to truth, justice, and the power of storytelling. City of Miami Page 2 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 ORDER OF THE DAY Chair King: We are going to get started in a bit. I don't have a quorum as yet. I just wanted to run out and let you know I know you 're here. Thank you for coming. Thank you for always participating. As soon as we have a quorum, we'll get started. [Later... ] Chair King: (INAUDIBLE) do some recognitions while we have -- we have the entire Planning Department here and they need to get to work, so we 're going to start with recognition for our Planning Department. And I'm going to have the director, Ms. Lakisha Hull, take us through this. Presentations made. Chair King: And at this time, Madam City Attorney, would you please read into the record your statement? Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about process, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting 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 in the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 10:48 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 public comment form. Please visit www.miamigov.com/meetinginstructions 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, their staff, and City administration throughout the day so that 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, their staff, and the City administration up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the City of Miami Page 3 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 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's Office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miami.gov.com. P and Z (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. 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 be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications 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 City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices at this time. This meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, and the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, will you please read your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of the 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 the Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: And Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you 'll be speaking on any of today's Planning and Zoning items may I please have you stand and raise your right hand? And this is just for Planning and Zoning items. The City Clerk administered oath required under City Code Section 62-1 to those City of Miami Page 4 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, do you have any items that are to be withdrawn? Nzeribe Ihekwaba (Deputy City Manager): Yes, Madam Chair. At this time -- good morning, Madam -- M. Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: CA.5, to be deferred to November 16th meeting; CA.5, to be deferred to November 16th meeting. Chair King: That's it? Mr. Ihekwaba: I'm waiting for him. Chair King: Oh. CA.5 will be deferred to November 16th. Vice Chair Carollo: (INAUDIBLE). Chair King: November 16th. Mr. Ihekwaba: PH.3, to be deferred to November 16th meeting. PH.3, to be deferred to November 16th meeting. FR.1, to be deferred to December 14th meeting. FR.1, to be deferred to December 14th meeting. PZ.1 and PZ.2 are companion items, to be indefinitely deferred. PZ.1 and PZ.2 are companion items, to be deferred indefinitely. PZ.3, to be deferred to December 14th meeting. PZ.3, to be deferred to the December 14th meeting. PZ.10 and PZ.11 are companion items, to be deferred to November 16th meeting. PZ.10 and PZ.11, companion items, deferred to December -- November 16th meeting. That's it, Madam Chair. Chair King: Thank you. Vice Chair Carollo: Can you go over one more time real quick all the items that have been deferred, just to make sure I have them all right? Just quickly. Arthur Noriega (City Manager): No, I'll do it. I mean, I won't do it as eloquently as Zerry did, but I'll do it. Certainly, not with a regal accent. But CA.5, to be deferred to November 16th; PH.3, to be deferred to November 16th; FR.1, to be deferred to December 14th; PZ.1, to be deferred indefinitely; PZ.2, to also be indefinitely deferred; PZ.3, to be deferred to December 14th; PZ.10, to be deferred to November 16th; and PZ.11, to be deferred to November 16th. Vice Chair Carollo: Okay. Chair King: Mr. Vice Chair, do you have any items that you 'd like to withdraw or defer? Vice Chair Carollo: (INAUDIBLE). Chair King: Okay. Commissioner Covo, do you have any items that you would like to withdraw or defer? Commissioner Covo: Defer PH.2 to December. Chair King: PH.2. City of Miami Page 5 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Commissioner Covo: And Madam Chair, defer FR.3 to January for more clarification for me. Chair King: PH.2 until when? Commissioner Covo: December meeting. Chair King: Which one? Oh, it 's only one in December. Commissioner Covo: We only have the 14th, right? Chair King: Yes, it's only one in December. Okay. Commissioner Covo: And then FR.3 for the first meeting in January. Chair King: FR.3. Mr. Hannon: And for the record, that will be January 11, 2024. Commissioner Covo: Thank you, Todd. Vice Chair Carollo: Okay. Madam Chair, PZ.19, I prefer not to defer it. I just need to have the Administration and the City Attorney have ready when this item comes up, if you need more time we'll leave it towards the end, the guarantees that the zoning changes that were given this property are only going to be for this property and that it will not have a domino effect on other properties along that courier [sic] of 8th Street. Actually, it's on 9th Street, but it's behind it, behind 8th Street. Ms. Mendez: Is this for the museum? Vice Chair Carollo: Yes. Ms. Mendez: That -- it's a citywide ordinance, so anything that complies with that - Vice Chair Carollo: I understand the citywide, but in that particular area, what I don't want to do, and I don't think this says that, I don't want to open up the floodgates that we could start building back there high. So -- Ms. Mendez: We'll address it. Mr. Noriega: We'll address it. Vice Chair Carollo: Okay, well, I'm just giving you a head start because I don't want to defer it. So, I just want to get the guarantees on the record when this item comes up. So, Madam Chair, if you could leave this towards the end so they could get all that information together. Chair King: And I'd like to defer indefinitely PZ.15 and 16. Commissioner Covo: Madam Chair, and I have also one more request, please. Chair King: Um-hmm. Commissioner Covo: Mr. Manager, I either need more clarification on RE.2 or I please ask for a deferral. Mr. Noriega: We certainly could defer it and come meet with you at the -- in the City of Miami Page 6 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 interim. If you want, we can defer it to the November meeting. Commissioner Covo: Okay, that works. Chair King: Alright, so that's RE. 2 until when? Commissioner Covo: November. Mr. Noriega: November 16th. Vice Chair Carollo: RE.2? Chair King: Um-hmm. May I have a motion to set the agenda? Vice Chair Carollo: Move. Commissioner Covo: Second. Mr. Hannon: Chair. Chair King: All in favor? Mr. Hannon: Just a couple of things. First, Commissioner Carollo, there's a board item that we have for today. Commissioner Carollo will be appointing Joseph Corral to one of his seats on the Planning, Zoning and Appeals Board, which we can address later. Mayor Suarez would like to co-sponsor PZ.19. I need to read a brief statement into the record. Pursuant to Section 62-22 of the City Code, indefinitely deferred action initiated by the City will cost the City mail noticing, advertising, and posting of properties as applicable. Thank you, Chair. Chair King: Thank you. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 7 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PUBLIC COMMENTS FOR ALL ITEM(S) 14968 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 26, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, I'm going to open public comments for all other issues on the agenda today. Anyone wishing to speak on behalf of any of the items that are before us this morning, please step to the podium. Good morning. Rafael Montalvo: Madam Chair, Vice Chair Carollo, Commissioner Cole [sic], thank you very much for hearing us. I am Rafael Montalvo. I'm the president of the Bay of Pigs Veterans Association. Sixty-two years ago, I was a rifleman with the 2nd Battalion. I landed, I fought, I ran out of ammunition, I was abandoned, I was imprisoned, I was rescued, and I've been in Miami, and I'm a Miamian today ever since. We 're here today because on this item, we're going to -- it's going to permit the museum which -- of the Bay of Pigs, which has been there for a long time, to continue once we leave. And we're, you know, all very old, so there's very few of us left. So, we're converting the museum to audiovisual, and we're doing it in a very professional manner. We have here a number of people that are the new team that's going to take over after we leave. And we really would like for you to allow us to do this, to do this professional audiovisual museum that it conveys -- it not only memorializes all of those people that died in the Bay of Pigs, but it conveys the message of why we fought then, because it 's as valid then as now. We volunteered to fight for freedom and we still do. The message is very valid, very vivid today. So, we're going to have here some speakers that all -- we're all going to be very brief. But if you have any questions, let me know. Thank you very much. Chair King: Thank you. Good morning. Claudia Puig: Good morning. Chair King: Go ahead. Ms. Puig: Good morning, hi. Good morning, Commissioner Carollo. How are you? Nice to see you. Chairwoman King and Commissioner Covo. I thank you for a moment. I'm here as a testament to these young, brave men that are sitting here that join me and I'm just here to -- I'm very honored to represent them as a testament. In my particular case, I am the daughter of one of those that fought for freedom and lost his life. This horrific, historic event that changed the course of the Western Hemisphere because today we 're still fighting those issues. Now we have a base, an enemy base, 90 miles away, unfinished business with Nicaragua now and Venezuela and hopefully not Colombia. But my father, a young man, a young family man, an Olympic athlete, and my mother young with four small children. My father, just like many of the men here, risked his life. A lot of them risked their life and a lot of them died and lost their life fighting for freedom. And my father was one of those that stepped up and knew that he was losing his country. And this was what we stand for, the values of having freedom has no price. And so he fought, he was captured, and he was brutally murdered and executed by the firing squad. He was one of the first that died during the Bay of Pigs. As soon as the support that the United States stopped -- was unable to support and continue with the invasion, that's when the executions started. One of the first to be executed was my dad. My mother was captured with him and she was sentenced to 30 years. Thank God later we were able to get her out and she did not serve the 30 years and they were left with four small children. And so I'm City of Miami Page 8 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 here as a testament to what has happened and continues to affect us and this country and I think it's so critical and so important that this story be captured, preserved, and told in truth for many generations to come because it's something not only that affected our Cuba and our lives and all those young brave men that fought that are here still today, but for many generations to come because it is still affecting us today and in our country. So, it's so critical that this be preserved and remembered in honor of their memory and all of those that fought hard and lost their lives. Chair King: Thank you. Thank you for sharing. Ms. Puig: Thank you. Todd B. Hannon (City Clerk): And my apologies, Chair, name for the record. Ma'am? Chair King: Could we have your name for the record, please? Carlos Leon: Good morning. My name is Car -- Mr. Hannon: Sir, I apologize. Ms. Puig: Yes, I'm so sorry. Chair King: Can we --? Ms. Puig: Claudia Puig. Chair King: Thank you. Ms. Puig: You're welcome. Chair King: Thank you. Good morning, sir. ifI could have the speaker's Mr. Leon: Good morning. My name is Carlos Leon. I'm also a veteran of the Bay of Pigs invasion. As I walked into this hall offreedom, a democracy, I realized there's only one painting hanging from its walls, and it 's a painting of the battle in the Bay of Pigs. So, I realized that it 's sharing the same beliefs that we have. A museum is not a static museum. When you walk in there -- and Vice Chairman Carollo and Mayor Suarez have been there many times -- it is an intense human interchange of communication. Most of the tourists that we get from all over the world come in there because of the comments of the previous who have visited us before. And we zoom from that museum to high schools and universities all over the world. And I just hope that we continue in doing that in the future. Thank you for your time. Chair King: Thank you. Buenos dias (Comments in Spanish not translated). Humberto Arguelles: Good morning. My name is Humberto Archino Arguelles. Sixty- three years ago, on October 31st, I arrived in Miami, getting away from an island that I loved and we loved. And we all came here for one purpose, to go back to Cuba, not to stay here. We went there to fight for our freedom and to live in our country. But we were abandoned and betrayed. We were young, full of values and full of principles and super ideals to go back where we came from. Sixty-three years later, we're here to ask you for help in order to maintain the legacy of the famous day of Apri117, 1961, which is a day for history to remember because that bad decision has brought a lot of very bad consequences that we're still living today. And that 's why we are working very hard in order to keep and maintain the legacy of the Bay of Pigs Veterans Association and Brigade 2506. And we'll thank you for your support. City of Miami Page 9 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Thank you. Good morning. Ulysses Kemp: Good morning. If she's speaking on the same topic, I'd rather let her go ahead. Are you -- no? Good morning, Commissioners, Chairwoman. I'm here to -- first of all, I want to thank you for deferring Item Number 16 so that we have the opportunity to work on those items. And I 'm here to extend my support for PZ (Planning and Zoning) Item Number 6, which is with the Design District and the fact that they're working with the community, and we appreciate it. By the way, my name is Ulysses Kemp, 76 Northwest 39th Street, Miami. And I just wanted to put on record of support. Chair King: Thank you. Good morning. Kristen Browde: Good morning. My name is Kristen Browde. I live at 888 Biscayne Boulevard. I'm here to thank you for deferring FR. 3. I know you're trying to make Miami a better place, a vibrant place. We support you in that. FR.3 is a very bad way to even approach it. We live in downtown with a lot of noise. It 's part of downtown. But I represent the 560 families of Marina Blue. There are 30,000 families in our immediate area with 11 high-rises going up right now. It will bring a total of 50,000 people downtown. Citizen M Hotel has announced that it's going to have outdoor, at its pool, music, DJ nights. We have the events at the arena. We have Bayfront Park. All those events stop at an hour. Now, under this proposal, there could be music all night long. What's a special event? What's a special occasion? M&Mday? Somebody's birthday? A quinceanera? This is ill-defined. It is badly thought through. We urge you not just to defer it from one meeting but to defer it forever unless you want to limit it. You want to limit it to the business core on Flagler? You want to limit to industrial areas, to places where people's residences will not be affected? That's fine. Nobody wants to limit -- Chair King: Thank you. Ms. Browde: -- the business opportunities. Chair King: Thank you. Ms. Browde: Thank you. Chair King: Got it. Good morning. James Torres: Good morning, Chairwoman. James Torres, president of DNA (Downtown Neighbors Alliance). I would like to speak briefly as it relates to FR.3. Thank you for deferring that item. I know Sabina Covo took the lead on that, so we greatly appreciate that. However, we're also asking that maybe -- Vice Chair Carollo: (INAUDIBLE). Commissioner Covo: I'm sorry, Commissioner? Vice Chair Carollo: Is that an endorsement? Mr. Torres: That's not an endorsement, trust me. Vice Chair Carollo: Oh, okay. Mr. Torres: And you're still not taking my two minutes away, just want to be clear. Vice Chair Carollo: Just wanted to be sure. Mr. Torres: No, no, no endorsements. City of Miami Page 10 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Come on, come on, come on. Mr. Torres: So, be clear. The item as it 's written today talks about cafes where they're currently allowed to sell alcohol until 10: 00 p.m. That time will change based on the City Manager specifically changing that event that could go into midnight. The other item is cafes could also sell alcohol on events that could go until 3 o 'clock in the morning. In Wynwood itself you can actually suspend the NRD (Neighborhood Revitalization District) noise ordinance for special occasions. Again, the definition of special occasions, what are they? With everything that 's going on in Brickell, this is just bad for the city. So, we kindly ask that this gets looked at yet again in terms of its deferment and not allowing it to move forward. So, that 's the issue that I'd like to present. The other thing that I'd like to bring up is, as we know, the City of Miami Beach is moving forward with a very stringent homeless policy. I'd like to share for the record that the DNA would like to have that conversation with the Commissioners because what's going to happen is, from Miami Beach, they're going to start coming over into the core and throughout the district. Thank you. Chair King: Thank you. Good morning. Linda Alger: Good morning. My name is Linda Alger. I live at 2784 Southwest 29th Avenue, Miami, Florida, for the past 52 years. I'm a lifelong resident of Dade County. I need to give you a little background before I speak about this item on the agenda today and why I'm so up -- you'll understand why I'm -- all my alarm and bells and whistles have gone off. About 40 years ago, most of the properties in my neighborhood across the street from my house were taken by eminent domain to build the Coconut Grove Metrorail station. My property remained. So, I literally live in front of the new Grove Central development, which I fought for. I was at Dade County Board of Commissioners when Grass River wanted to sign the lease to build that project, and I supported. I was the only resident from Miami -Dade that showed up to support that lease being signed. I was at all the workshops and hearings when 11000 was changed to Miami 21 and I fought for myself and my neighbors to be rezoned to T5-O because we literally live approximately 50 steps from the Metrorail and the Underline for that matter. I was at the groundbreaking for the Underline. So, here we are now. Grove Central project is just about finished. The residents started moving into the 402 units in the 23-story tower on October 16. Just before they moved in, apparently, there was a rush order put in to hook up fiber optic cable and Hotwire was brought in to do that job. Hotwire took their cable - - actually it's called a line. They took it under several streets, 125 feet of sidewalk, to a hand hole in the sidewalk next to my neighbor 's house. They jumped under his yard using boring equipment and bored through all four of our yards to put their fiber optic cable, which they then had to take out under another sidewalk, under a Swale, under a guardrail, and another block and a half to get it to the front of the Grove Central residences. Chair King: Ma'am. Ms. Alger: Okay. Chair King: Thank you. Your time is up. I could have someone speak to you from the City Manager's Office so that you can finish, but we need to move the public comment along. Ms. Alger: Thank you. Chair King: Thank you. Ms. Alger: It's First Reading Item Number 2. If you look at the exception, it 's about easements. Chair King: Thank you. Good morning. City of Miami Page 11 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 John Bennet: Good morning. My name is John Bennet. I live at 168 Northeast 43rd Street. This is regarding PZ.9. My property backs up to this proposed new building on 2nd Avenue between 42nd and 43rd. In their proposal of PZ.9, number 7 and number 9 seem of concern to me because number 7, they're proposing to move the open space requirements off -site, giving them more square footage, more mass to their building, which I'm concerned is not good for our neighborhood. Number 9, they're proposing that the events that could happen in this open space that they're proposing for a new rezoned space directly behind mine is they're asking for no permits for these events and no limits to these events. And as a resident directly next door, I have a problem with that. Thank you. Mr. Hannon: Chair, my apologies. If I could have the speaker's name again? Mr. Bennet: John Bennet. Mr. Hannon: Thank you, sir. Chair King: Thank you. Nuno Felisberto: Good morning. Chair King: Good morning. Mr. Felisberto: My name is Nuno Felisberto. I live at 4725 Northeast 1st Court and I represent the Buena Vista East Historic Neighborhood Association. And I also want to talk about PZ.9, just around the events element. Because of the encroaching developments around our neighborhood, we were also very concerned about the .9 in Item 9, regarding events with no permits. And we just wanted to put that on the record. Chair King: Thank you. Good morning. How are you today? Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. In reference of the FR.3, even though it has been refer [sic], is I think it's a double -way street. We have businesses who want to do some extra, you know, parties, but we need to make sure that the special events are not being abused by those who the only thing they want to do is just drink and then unfortunately for us, drive drunk in the street after those hours. In reference of the code enforcement, the question for you is those who hasn 't assigned any members of the Code and those who have assigned Code members in the Code, can you Commissioners please, please, please, please talk to the board members that represent you to make sure they actually come to the board meetings. It 's sad and I think it 's disrespectful to the residents of the City of Miami. Those two, three hundred people who come to the Code Enforcement hearings, wait in line, do everything they need to get done, and then we do not have a quorum. I think it's important for us to not just represent you as Commissioners, but it's important for us to attend to the people who have been under pressure, knowing that they have a Code Enforcement violation, and they don't understand or they don't know or just worry. So, I really appreciate if you guys can, as a Commissioner who represent the people, to please speak with those who represent you on the Code Enforcement Board that we need their help. We need your help for them to actually show up. Thank you. Chair King: Thank you. Is there anyone else that would like to speak? Seeing none, the public comment portion of our meeting is now closed. City of Miami Page 12 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Jul 27, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: May I have a motion to approve the City Commission meeting minutes for July 27, 2023? Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Item passes unanimously. 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) City of Miami Page 13 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes CA.1 RESOLUTION 14786 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RAMON RODRIGUEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $34,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0472 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Chair King: We are now in our consent agenda. May I have a motion for CA.1, 2, 3, 4,6,7,and 8? Victoria Mendez (City Attorney): Madam Chair, and CA.1 is as amended to $37,600. Thank you. Chair King: With CA.1 as amended. Vice Chair Carollo: Okay -- Commissioner Covo: Move. Vice Chair Carollo: -- ifyou could give me one more minute, Chair. Chair King: Sure. I have a motion. Vice Chair Carollo: So, second. Chair King: And a second. Vice Chair Carollo: Okay, hold on. Okay. City of Miami Page 14 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 CA.2 14702 Department of Police CA.3 14855 Department of Police Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND SUPPORT PROGRAM"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT, FOR THE REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $122,942.96, WITH NO CITY OF MIAMI MATCH REQUIRED, FOR MIAMI POLICE DEPARTMENT ("MPD") OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND SUPPORT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. ENACTMENT NUMBER: R-23-0473 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referring to Item Number CA.2, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, TITLED "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-23-0474 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 15 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 CA.4 14701 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2023-2024 VICTIMS OF CRIME ACT (VOCA') GRANT," CONSISTING OF SAID GRANT IN AN AMOUNT NOT TO EXCEED $307,716.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR PERSONNEL SERVICES AND OPERATIONAL EXPENSES OF THREE (3) FULL-TIME TEMPORARY ADVOCATE POSITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-23-0475 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. CA.5 RESOLUTION - Item Pulled from Consent 14863 MAY BE DEFERRED Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION OF A PERMIT PROCESS FOR HOMEOWNERS TO ALLOW FOR THE PLANTING OF TREES, SHRUBS AND PLANTS IN THE PUBLIC RIGHT-OF- WAY. MOTION TO: Continue RESULT: COUNTINUED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item CA.5 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.5, please see "Order of the Day." City of Miami Page 16 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 CA.6 RESOLUTION 14633 Department of Resilience and Public Works CA.7 14413 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEED"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-23-0476 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LEONARDO GUZMAN, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $165,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED LEONARDO GUZMAN VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-012158-CA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-23-0477 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. City of Miami Page 17 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 CA.8 14826 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MANAGER TO ACCEPT A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00) FROM SOUTHERN WASTE SYSTEMS, LLC., N/K/A LGL SYSTEMS, LLC, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI V. SOUTHERN WASTE SYSTEMS, LLC, N/K/A LGL SYSTEMS, LLC, CASE NO. 2020-020159-CA-01, IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM TO BE ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-23-0478 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 18 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PH.1 14781 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $487,422.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2023- 2024 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910199.481000; 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-23-0479 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: May I have a motion for PH.1? Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 19 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PH.2 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day." City of Miami Page 20 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PH.3 RESOLUTION 14875 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 2 SHARE OF THE CITY'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) ("FUNDS") TO BELIEVERS OF AUTHORITY MINISTRIES, INC, A FLORIDA NOT FOR PROFIT CORPORATION ("BELIEVERS OF AUTHORITY"), IN ORDER TO CONTINUE THE "BOA PLACEMENT SERVICES PROGRAM," WHICH WILL OFFER JOB READINESS AND JOB PLACEMENT SERVICES TO RESIDENT'S OF THE CITY OF MIAMI, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PH.3 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 21 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 14785 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON APRIL 28, 2023, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1635386, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, EMAG DAYTONA HD LLC, A FLORIDA LIMITED LIABILITY COMPANY D/B/A TEDDY MORSE'S DAYTONA HARLEY-DAVIDSON ("DAYTONA HARLEY- DAVIDSON"), FOR THE LEASING OF THIRTY-ONE (31) HARLEY- DAVIDSON ELECTRA GLIDE POLICE MOTORCYCLES, FOR THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE"), FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM POLICE GENERAL FUND ACCOUNT NO. 00001.190101.544000 AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, 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-23-0481 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: May I have a motion for RE.1, 4, 5, 6, 7, and 8? Commissioner Covo: Madam Chair, I would -- Vice Chair Carollo: How about PH.2? Chair King: PH.2 was deferred until December 14th -- Vice Chair Carollo: Okay, PH.3 is deferred. Chair King: -- and PH. 3 is deferred as well. Vice Chair Carollo: Okay. City of Miami Page 22 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: We're on the REs (Resolutions). Vice Chair Carollo: So -- Chair King: Commissioner Covo? Commissioner Covo: I wanted on the record clarification for RE.6. Chair King: You want what? Commissioner Covo: Just on the record clarification -- Chair King: Okay. Commissioner Covo: -- of how it would work. Mr. Springs [sic]. Vice Chair Carollo: Okay, if I could get someone from the police department on RE.1. Larry Spring: Larry Spring, Chief Financial Officer. Vice Chair Carollo: You're not from the Police Department, sir. Chair King: He's -- Mr. Spring: No, no, no, I do not represent the police, sir. Chair King: He's on RE.6. Good morning, Mr. Spring. How are you today? Mr. Spring: Wonderful, wonderful, thank you. Chair King: Good to hear. Commissioner Covo: I just wanted, Mr. Spring, for you to clam on record how does this process work because I got a call from a couple ofjournalists this morning -- Mr. Spring: Absolutely. Commissioner Covo: -- asking me. Mr. Spring: So, when we -- as a normal customary part of our borrowing process and issuing debt, we pass these intent to reimburse resolutions. The intent to reimburse resolutions allow the City to proceed or commence projects and utilize our, basically to the layperson, our savings account, while we put the bond deal together, while we finalize the scope of work for the projects that are going to be financed, and then we go to market. When we sell the bonds, the intent resolution allows us to pay ourselves back for what we use from our savings account during that process. So, you've passed several intent resolutions. So, I'll give you an example. City Commission a few years back passed an intent resolution for $150 million to start the process of the new administration building. At our last Commission meeting, you all approved the bond deal, which was $285 million, which is what we know the project to be. So, now when we issue the debt, the money that we've spent towards that project, you know, doing design and all that stuff we will immediately be able to reimburse ourselves from it. So, the item you have today, that's all it's doing. And I think every -- you know, in the general public, Marine Stadium project is something that has, you know, a lot of eyes on it. We have acquired two grants that are supporting the completion of the boat ramp component that's in this resolution, as well as the mooring field and the basin. So, we've gotten FIND (Florida Inland Navigation District) grants. So, now when you City of Miami Page 23 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 pass this, we will be able to proceed with getting those two components finished and be able to accept and utilize the grant money, which is 50 percent of the project. So, that was -- Commissioner Covo: For the renovation. Mr. Spring: -- one of the critical reasons why we needed to bring this intent resolution at this time. It also, unfortunately, and I'll take this moment to put on the record now, the City passed an intent resolution back in 2016 for the same -- for the Marine Stadium project. That intent resolution did not advance to a bond deal before the expiration of that intent resolution. So, because of that, we needed to replace it with this one. But whatever hard capital costs we did spend during that previous period, we're now going to have to absorb ourselves. So, it is our great intent to make sure -- Commissioner Covo: That it won 't happen again. Mr. Spring: -- this bond deal -- it will not -- while I'm here -- Commissioner Covo: Promise me. Mr. Spring: -- it won 't happen again. Chair King: Right. Mr. Spring: Oh, yeah, I can promise you that. That 's not a problem. Chair King: So, that's why this is time sensitive, eh? Mr. Spring: Correct. Chair King: Okay, just -- Commissioner Covo: Thank you. Chair King: -- making sure. Mr. Spring: Thank you. Chair King: And Mr. Police Chief. I believe my Vice Chair has some questions. Vice Chair Carollo: Yes. Chief thank you. Manuel Morales: Good afternoon. Manny Morales, Chief of Police. Vice Chair Carollo: Good afternoon. I'm seeing here, Chief that this is for Harley- Davidson Motorcycles. Mr. Morales: The what, sir? Vice Chair Carollo: Harley-Davidson motorcycles. Mr. Morales: Yes, for the motors. Vice Chair Carollo: Why is it that you're asking for Harley-Davidson when the last time that we were asked for motorcycles there was such a strong request for BMW (Bavarian Motor Works) motorcycles, ifI remember. Mr. Morales: So, Commissioner, there was -- City of Miami Page 24 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: I'm just trying to figure it out. Mr. Morales: So, I know that there had been, under the last administration, some discussion whether we should shift the fleet of motorcycles to BMWs versus Harley- Davidson. Vice Chair Carollo: Yeah. Mr. Morales: I don't remember the specifics of it. I know that there's some benefits to both. Vice Chair Carollo: Well, supposedly, what I -- the only thing I remember is that you can maneuver the BMWs much better, but outside of that -- Mr. Morales: So, I remember that -- Vice Chair Carollo: -- I don 't remember much. Mr. Morales: The most significant difference that I remember is the braking distance, right? So, BMW had a much shorter braking distance that would enhance the safety of the officers, but I'm not -- I don't remember the specifics of it, since I wasn 't involved in that transaction. I know that the recommendation was made and passed to continue Vice Chair Carollo: Harley-Davidson. Mr. Morales: -- our long-time usage on Harley-Davidson -- Vice Chair Carollo: Okay. Mr. Morales: -- so we move forward with the Harleys. Vice Chair Carollo: On price -wise, is Harley-Davidson a better price than BMW, I would assume? Mr. Morales: So, I know that Harley-Davidson was -- is a lease which does give us the ability to kind of trade the motorcycles as we need. Vice Chair Carollo: Okay. Mr. Morales: There's a lot of wear and tear of the motorcycles versus BMW was offering a purchase price that later on would be able to auction at the end of the lifespan. But from my understanding, the lease was a better option for the police department due to the high usage. Vice Chair Carollo: How many motorcycles are we looking at here? Mr. Morales: This allows us to go up to 31. Vice Chair Carollo: 31. Okay, how many motormen do we have now? Mr. Morales: Right now, we have a lieutenant, two sergeants -- three sergeants, and we have -- two are down, so we have 22 motormen. Vice Chair Carollo: 22. Mr. Morales: The what? City of Miami Page 25 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: Okay, 22. Mr. Morales: 22 motormen -- Vice Chair Carollo: Yeah. Mr. Morales: -- plus the three sergeants and the lieutenant, so it gives us 26. Vice Chair Carollo: For 26. Mr. Morales: So, we need some spares for when we take them -- Vice Chair Carollo: Yeah. Mr. Morales: -- to the shop (UNINTELLIGIBLE). Vice Chair Carollo: I understand. That 's fine. Thank you. Mr. Morales: Okay, thanks. Chair King: Thank you, Chief. Happy birthday. Vice Chair Carollo: Whose birthday is it? Chair King: The Chief's birthday. This week it was his birthday. Mr. Morales: The 23rd. Vice Chair Carollo: The 23rd. Well, birthday boy. Chair King: Happy birthday. Vice Chair Carollo: Yeah. Mr. Morales: Thank you. Chair King: I have a motion and a second for RE.1 -- Vice Chair Carollo: Yes. Chair King: -- 5 -- RE.1, 4, 5, 6, 7, and 8; 7 and 8 as amended. Vice Chair Carollo: Nope. I got some quick questions on 3, 4, 5 so far. So, can we get into them and maybe -- Chair King: Well, no, no. 3 is not in because 3 is a mitigation. So, 3 is not in. Vice Chair Carollo: Right, right. Well, that's correct. Chair King: Right, so 3 is not in. Vice Chair Carollo: 3 is mitigation. Chair King: You have a question on what else? Vice Chair Carollo: On -- City of Miami Page 26 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: RE.4? Vice Chair Carollo: -- 4 -- 4 and 5, just brief questions. Chair King: Okay. Mr. Manager, we have some questions for RE.4. Arthur Noriega (City Manager): I know. Chair King: Parks. Mr. Noriega: I'm not allowed to speak on RE.4 -- Chair King: Right, but you were going to say -- Mr. Noriega: -- because I have a conflict. Chair King: -- that your -- Mr. Noriega: But my Parks director (UNINTELLIGIBLE). Chair King: Okay. It's a grant for the track. Vice Chair Carollo: Right, but here's what I want to find out. It's a grant from where? Chair King: The Orange Bowl Committee. Vice Chair Carollo: Are they providing all the money? Christopher Evans (Director, Parks & Recreation): They're providing a 50 percent match grant. Chris Evans, Parks director. Vice Chair Carollo: And what I'm trying to find out is, because I want to make sure this is not one of those that you put the little bean and you shift the glasses. I want to find out if they're truly putting half the amount, or whatever amount they 're putting in, into this Orange Bowl legacy project, or have they, you know, used the bean or mirrors so we end up paying for all of it. Mr. Evans: No, sir. It's a 50 percent match grant, the funds are going towards the artificial turf replacement in the track and field only. Vice Chair Carollo: Okay. Mr. Manager, does your people have anything to say on this? You are the manager, right? Mr. Noriega: I am the manager. I have a conflict. We do have a representative from the Orange Bowl. Vice Chair Carollo: Oh. Well, why didn't you say so? Mr. Noriega: I did. I wrote a memo to the fact and added it as an agenda item. Vice Chair Carollo: I'm sorry, I haven't seen it. Mr. Noriega: Yeah, yeah. So, we do have a representative from the Orange Bowl Committee here, ifyou have any specific questions. Vice Chair Carollo: Who's the representative from the Orange Bowl? City of Miami Page 27 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Unidentified Speaker: (INAUDIBLE). Vice Chair Carollo: Okay. Mitch Morrall: Yes. Vice Chair Carollo: You heard what I said. I want to see -- Mr. Morrall: I just stepped out, I just walked back in. I apologize. Vice Chair Carollo: I'm trying to find out how much hard cash -- Mr. Morrall: Yes. Vice Chair Carollo: -- the Orange Bowl Committee is putting into the legacy project. Mr. Morrall: Yeah, we're committing $500,000 and the upgrade to the track that we were intending to do in the resolution prior was a resurfacing, not a re -gutting of the entire track. And the City and the park came out to us and said, this track has been way overused and it's great for the community that they're way overusing it, but we need to strip the entire track and redo the entire track. And for that, we can 't do that for what we had budgeted in the first conditioning of the track. Vice Chair Carollo: Okay, so you 're providing half a million dollars only? Mr. Morrall: I'm sorry? Vice Chair Carollo: You're providing only half a million dollars? Mr. Morrall: Yes, correct. That 's how we're working. Vice Chair Carollo: And how much are we providing as the City? Mr. Evans: Seven hundred and fifty thousand dollars. Vice Chair Carollo: Okay, so that 's more than the 50-50 split. Do we have that money, the extra $250, 000 that you're asking? I would assume that the other $500,000 was in last fiscal year's budget, correct, that we approved? Natasha Colebrook -Williams (Assistant City Manager): Correct. Vice Chair Carollo: So, my question is, the additional $250,000 that you're requesting, was that approved for this year's fiscal year's budget, in our budget when we approved it? Ms. Colebrook: Yes, yes. Natasha Colebrook -Williams, Assistant City Manager. Yes, it's in this year's budget. Vice Chair Carollo: Okay. That's all I want to get on the record because what I'm trying to do -- and I'm sorry ifI'm taking a little bit of time to do it -- is try to make sure that we're in a straight financial line, that we're not spending monies that have not been approved and are not within our budget, so that this doesn't become a free- for-all and we end up at the end of the year in trouble. So -- Chair King: And what I -- I'm sorry. Vice Chair Carollo: That's fine. I'm good. City of Miami Page 28 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: What I'd like to know is the timeline for the repair, because this park is in my district and the track, as well as the whole park, is well used. From seniors in the morning, stretching their legs, getting their exercise, to the kids using the park from before dawn until after sunset, this park is in use. So, when do you anticipate --? Mr. Morrall: Currently right now, we had the go ahead on the field, so we've been preparing for that, getting the vendors in place to get the field fixed and replaced. The track, pending this dollar figure, we didn't know whether to baseline it on a repair or a re -gutting and resurfacing the entire track. So, once we get this blessing, we can then go ahead and get the vendors in place and go for that. I'm anticipating early spring probably to get the track, everything up to date and the field done as well. Vice Chair Carollo: Well, it 's been a while since I've been to that park. I think the last time I was there, I beat (UNINTELLIGIBLE) one-on-one. But the question that I have, the last one I think, do we have outdoor exercise equipment there, Madam Chairman? Chair King: Yes. Ms. Colebrook -Williams: I didn't hear the -- I couldn 't hear the question. Chair King: Do you have -- we have outdoor exercise equipment there? Mr. Evans: Limited equipment, yes. Chair King: Yes. Vice Chair Carollo: Okay. Chair King: Limited equipment, but yes, we do. Vice Chair Carollo: And nobody has complained that they don 't want outdoor exercise equipment there, correct? Chair King: No, no. Vice Chair Carollo: Why is it that all our parks have outdoor exercise equipment, nobody complains, and because I got two grinches that hate the world, have no life, you know, that's what the Miami Herald wants to talk about. Chair King: So, thank you. Mr. Evans: Thank you. Appreciate it. Chair King: And thank you for your generosity. Mr. Morrall: Thank you. Vice Chair Carollo: Thank you. Chair King: Once again -- Todd B. Hannon (City Clerk): My apologies, Chair. Sir, if I could just have your name for the record, sir. Mr. Morrall: Sure, sure. Mitch Morrall, Chief Administrative Officer for the Orange Bowl Committee. City of Miami Page 29 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Thank you. So, just for the record, so no one's confused, I have a motion and a second for RE.1, 4, 5, 6, 7, and 8, as amended. Vice Chair Carollo: Okay. Chair King: And -- Mr. Hannon: And just for the record, Chair, there are some backup documents being submitted for RE.4. Chair King: Thank you. Vice Chair Carollo: Alright. Chair King: All in favor? Vice Chair Carollo: Hold on, I've got another sly question on the -- okay, RE.3, RE.4, RE.5. On RE.5, the same question that I had for Commissioner King's district in RE.4, the $2 million that we have in RE.5, was that part of what was approved on this year's new fiscal year's budget? Mr. Noriega: Yes, sir. It's actually a reallocation from another project. So, money is being moved from one project to another. Vice Chair Carollo: But was that -- Mr. Noriega: It was already -- Vice Chair Carollo: -- in the budget? Mr. Noriega: -- in place. It was fully funded, yes. Vice Chair Carollo: Okay, that's fine. Commissioner Covo: That's RE.5, right? Vice Chair Carollo: Yeah. That's all that I want to get on the record. Okay. Hold on, RE.6. This is for the Marine Stadium? Mr. Noriega: Yeah, that's the one that we just discussed. Vice Chair Carollo: $61,200,000. Mr. Noriega: Yes, sir. Vice Chair Carollo: And when are you planning on going out with these bonds? In the worst market possible that we have today. Larry Spring (Chief Financial Officer): I'd have to get back to you on that, sir. I don't anticipate us going any time for this project before the middle of fiscal year, you know, 2024, so. Vice Chair Carollo: Okay, well, let me say this on the record. And this item has come back a couple of times. Mr. Spring: Yes. City of Miami Page 30 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: I think the last time it was before us was when the not -so -great colonel was here as city manager, and I brought up the fact that my biggest concern was that this was going to be a white elephant, another one, that we were going to have yearly deficits on, and sizeable. Neither then nor now have I seen any kind of financial analysis of how much money we're going to lose there. Or even, if you want to amuse me and be super creative, how are you going to make believe that we're going to make a profit there? Back then, what the ask was, if I remember correctly, it was about $40 million -- Mr. Spring: 45. Vice Chair Carollo: -- that I was told, Commissioner, no, no way, no way. We'll keep that at that. Now we're at the number that I said, that it would be over $60 million. So, the administration has now stated that I was correct in what I was saying. That 's then, this is now. Now I'm going to tell you that the $61,200,000 is going to end up being over -- well over $70 million, and I'm being conservative. All that for a place that is going to give us a deficit every year, that we 're not going to have the demand for it. Now, there is a certain requirement that we have some kind of stadium there, but that was with the County years ago. And there are some that they had with us that are kind of gray, too. But that particular requirement in that contract between both parties didn't say that it had to be this stadium and this size. And I submit to you that if we would give the same attention, provide the same monies to affordable housing in our community, we could do a lot better for our residents than going to a white elephant just because the pillars of the community say we want it, but they don 't pay for it, just like they didn't pay for the opera houses or performing arts centers, just like they didn 't pay for the museums, and just between those two little items, it 's well, well over a billion dollars that we've given. But we can't give anything even close to that to affordable housing or to mentor, provide touring to our inner-city kids for the future. So, do you have a pro forma that is going to show me what you 're projecting that this is going to bring in income and what it's going to cost us to maintain it? Plus, in today's super high interest rate that we reached the highest in years last week Mr. Spring: It's going up. Vice Chair Carollo: Yeah. What is this going to cost us? And how much we 're going to lose every year? And you know, I need that even before I could contemplate voting no for it. Mr. Spring: So, through the Chair, Vice Mayor -- I mean, Vice Chair, my general answer in the context of this item is, you know, we are advancing two components of the redevelopment of the area, as I stated earlier, that have been awarded grant funding, which is the boat ramp and the mooring field components of it, which are the two smallest, as I know you already know of those. With regards to the stadium itself, we have engaged consultants to do a lot of the analysis that you are referring to. We have had several meetings, myself the Manager as well, and committee and OCI (Office of Capital Improvements), and you know, a bunch of the administration looking at exempt -- Commissioner Covo: Commissioner, and also -- sorry to interrupt. I also met with one of the consultants because I am a huge advocate of preserving the stadium. I actually commit to advocate for it to make sure that it's not going to become a white elephant, find funding from anywhere else just for historic preservation. So, I've been trying to imagine a vision, Fred, that I think that could be very, very useful for the community. Vice Chair Carollo: Well, Commissioner, I have always, since you've been here, tried to -- City of Miami Page 31 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Commissioner Covo: But I share your concern. Vice Chair Carollo: -- be in your side -- Commissioner Covo: I share your concern. Vice Chair Carollo: -- to help you in votes and so on, but this is one that I am not going drink the Kool-Aid because I've been around for decades and I 've seen how the pillars of the community are. They lead you to drink the Kool-Aid and then you go over the cliff and then they don 't want to talk about it. They forget about it. Commissioner Covo: I understand. I understand you. Vice Chair Carollo: And the ones that are paying the bill are us, the residents of Miami. So, before we advance in this one, I want to get a lot of additional information. I want to know the deficit, who 's going to commit to paying for it for the years to come, because I'm not going to leave my name into something that is going to cost the taxpayers millions of dollars into the future, and it 's going to constantly be in additional maintenance. This is right in the water, right in the water. So, the minute you built it, you're having to, forced to, maintain it. And each year that goes by, it 's more and more and more. And then my question is, how are we going to have that place full? I don 't know what demand there is. There wasn 't a demand back then, I assure you. So, in today's world, I don't know if we're going to have any more demand than back then when we didn't have it. So, I need to get those answers. Commissioner Covo: Why don't we --? How timely is this, Mr. Spring? Mr. Spring: Well -- Commissioner Covo: I mean, because if I -- I would prefer to then defer it and make sure that we can get all that information. Mr. Spring: If you will allow me, through the Chair. I would prefer that you not defer this item, because this item is actually not advancing any debt at this time. Vice Chair Carollo: Any what? Mr. Spring: This is just -- this item does not advance any debt at this time. What this item is saying is we intend at a future date to advance debt, and in the meantime, while we're going through our planning process, we do have some actual real capital needs that have been grant matched, and we will reimburse ourselves at a future date. So -- Vice Chair Carollo: Yeah, but then we just gave you a blank check, Larry. Mr. Spring: No, it's -- Vice Chair Carollo: So, you could sign it at any time you want. Mr. Spring: Well, no, because -- Vice Chair Carollo: So, why don't you come back -- Mr. Spring: -- you approved the bond deal as well. Vice Chair Carollo: Why don 't you come back -- Mr. Spring: I have to bring it back. City of Miami Page 32 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: Why don't you come back -- Mr. Spring: Okay. Vice Chair Carollo: -- and give me the areas that you need, minus the stadium, for the grant money? And I'll probably approve those today. Give my vote for it. Mr. Spring: You can actually make that modification on the dais today. I just need to give you what the dollar amount is. Vice Chair Carollo: Okay, give me the dollar amount, come back -- Mr. Spring: Okay. Vice Chair Carollo: -- on those other ones, less the stadium. Mr. Spring: Not a problem. Chair King: So, for now, I'm going to take out RE.6 of our voting and we're going to vote on R -- well, I need a motion for RE.1, RE.4, 5, 7 and 8 as amended. Vice Chair Carollo: There's a motion. Commissioner Covo: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Passes unanimously. City of Miami Page 33 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.2 RESOLUTION 14664 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED MAY 9, 2022, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1294386, FROM AON CONSULTING SERVICES, INC., A FOREIGN PROFIT CORPORATION PENDING AUTHORIZATION TO CONDUCT BUSINESS IN FLORIDA ("AON"), FOR THE PROVISION OF EMPLOYEE BENEFIT CONSULTING SERVICES, FOR THE CITY OF MIAMI ("CITY") RISK MANAGEMENT DEPARTMENT ("RISK"), FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM RISK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH AON, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item RE.2 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." City of Miami Page 34 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.3 RESOLUTION 14824 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2621 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021016682, 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 LIEN; 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-23-0482 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: And at this time we'll hear RE.3, the mitigation. Good morning. Robert Santos-Alborna (Director, Code Compliance): Good morning, Commissioners Chair King: How are you? Mr. Santos-Alborna: -- Chairwoman, Commissioner Covo -- Commissioner Covo: Good morning. Mr. Santos-Alborna: -- Chairman Carollo. Robert Santos-Alborna, Code Compliance director. I'm here to present on the mitigation item. Property address is 2621 Northwest 2nd Avenue. This case reverts back to 2021. Notice of violations were issued on August 20, 2021. The case is for a notice -- is for failure to operate without a certificate of use and BTR (Business Tax Receipt). The violations were adjudicated on November 10, 2021, and the violations ran for a total of 499 days, accruing a total of $124, 750. Respondent is offering $15, 000. I spoke with Mr. Andrew Atkins, who will provide information regarding the respondent and their efforts to comply. Chair King: And you said they are offering how much? Mr. Santos-Alborna: They are offering $15, 000. Chair King: Which amounts to? Mr. Santos Alborna: It's 12 percent of the total accrued fine. Also with me is Legal Division Chief Rachel Dooley who can elaborate on some of the challenges that they had. Chair King: And the total amount owed is $124, 750. Mr. Santos-Alborna: Yes, ma'am. City of Miami Page 35 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Thank you. Mr. Santos-Alborna: Thank you. Chair King: Good morning, Attorney Dooley. How are you today? Rachel Dooley: Good morning, Madam Chair. Rachel Dooley on behalf of the Office of the City Attorney. This case was assigned to me when the property owner/plaintiff did file a quiet title action. I've worked very well with their counsel who 's present here today. This is a large commercial retail center. The property was purchased by the current owner in March of 2021. They were cited in August of 2021. The issue dealt with tenants, not with the actual structure itself, but rather the CUs (Certificates of Use) and BTRs for the several tenants within the units, within the structure. It went to hearing in November, I believe, loth. We also did receive and I have received and confirmed with counsel that as of November 16th of 2021, the owner did send notices of breach out to the tenants who were in violation because the owner was present at the hearing before the board finding out that they were not in compliance. So, they dealt with it at that point. So, yes, they are offering $15,000. It ran $224,750. The property itself has about 16 different addresses for it, which can create issues when it comes to applying for CUs, and so I believe there was also some of those issues. The main address is 2621 Northwest 2nd Avenue, but mostly it shows as 2nd Avenue Circle. So, if somebody applies under just the avenue without adding the circle, then they'll get problems with their application. So, I do -- counsel can elaborate on that, but I think that was one of their main issues. Chair King: Good morning. Andrew Atkins: Good morning. For the record, my name is Andrew Atkins. I'm the attorney for Wynwood Block Realty LLC (Limited Liability Company). Good morning, Madam Chairman, Commissioner. Pretty much what Rachel said was on point. There were -- this involves the tenants of the property, not our client. I believe there's 26 different spaces at this property, comprised of about 10 tenants, who didn't have, at the time, some of them didn't have BTRs and CUs. Once we -- once the landlord learned of it, we immediately -- they actually got a hold of me. I went back to my records because I understood that this was important to know when did we first learn of the situation. So, myself and my client yesterday went through everything and I found emails. First email on this issue was, I believe, November 11, 2021. My client contacted me and said, we need to start getting default letters out to these tenants because they don't have their CUs. We did. I established I sent letters to every tenant. From that point forward, the landlord took over and was putting the pressure on the tenants to get these. The applications were submitted. There were two roadblocks that were beyond the control of the tenant and the landlord. One was that the total square footage of the property on record was incorrect. The prior owner -- because my client purchased the property in March of 21. The prior owner had taken 10 percent of the common areas and put that on the record. The City -- it did not match the actual square footage of the property. Everything had to be remeasured. Every application was denied. Once that issue was resolved, then all the addresses changed. So, I forget how many. It might have been 16 decent -- every tenant had to have a different address, causing further delays in the process. You know, our client was diligent in trying to get this done. At the same time, they were redoing the property. I don 't know if you 've seen pictures of before and after, but the property looks incredible now as compared to what it originally was purchased just in two years. So, I understand we're asking more on the lower end of the mitigation. And the only basis for that is that this situation was beyond the control of our client and even beyond the control of the tenants. So, that's why we're asking for the resolution on the lower end. And we feel it's appropriate. And we appreciate your consideration. City of Miami Page 36 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Attorney, what are they doing up there? Ms. Dooley: It looks like Halloween decorations. Chair King: Can you let them know that --? Vice Chair Carollo: What are you celebrating up there, Mr. Manager? Commissioner Covo: It's Halloween. Arthur Noriega (City Manager): (INAUDIBLE). Vice Chair Carollo: Oh, it 's the Mayor 's office? We 're not invited? We 're not invited? Chair King: It's a lot of ruckus up there. Attorney Dooley, he said that everyone submitted their applications, but it was rejected because of the square footage was incorrect. When was that? When did that happen? Ms. Dooley: That was -- I believe that occurred in very late 2021 and early 2022. So, it was in -- within, you know, a few months -- the few months of having that, and I think they had to resurvey the entire property. They had to get a surveyor out there and resurvey to figure out what the proper square footage was. Then after that point, you know, they had to reapply again. It still did take, you know, from the City's perspective, it wouldn 't have needed to take as long as it did. But yes, the problems at the beginning were very real and made it difficult to comply timely within 90 days. Unfortunately, an extension of time wasn 't requested, which would have saved it, but we wouldn 't be here if that was the case. But I think other than that, yes, I mean, they did move it along. Chair King: Okay. Do you have any questions? Vice Chair Carollo: I do. What is the total amount in liens that the property has? Ms. Dooley: What was that? Vice Chair Carollo: Total liens. Dollar amount? Ms. Dooley: Oh, it's -- Chair King: Almost $125, 000. Ms. Dooley: $124, 750. Vice Chair Carollo: And how much are they offering? Ms. Dooley: $15,000. Vice Chair Carollo: What percent? Chair King: 12 percent. Vice Chair Carollo: $15, 000, okay. What says the Chair? It's in your district. Chair King: Let me see. Commissioner, do you have any? Commissioner Covo: No. City of Miami Page 37 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: No? For me, I don't think that I can go lower than 15 percent. I understand the challenges that you -- the owner has, but you're here before us for a reason. And I typically don't go under 20 percent and I'm willing to go 15 percent. I go 20, 25, because we've set this up, my colleagues and I, for a reason to make sure that we try to curtail this kind of conduct. And I'm willing to go with the 15 because of the hardships, no fault of your own. Mr. Santos-Alborna: For the record, Madam Chair, that amount will go to $18, 712.50. Mr. Atkins: How much was it? Mr. Santos-Alborna: $18, 712.50. Mr. Atkins: That's fair. Chair King: Good? Mr. Atkins: Yeah. I think that's fair. Vice Chair Carollo: $18, 712.50. (INAUDIBLE). Chair King: You know, I don 't like odd numbers either, but I'm okay with that. 19? Vice Chair Carollo: 19. Chair King: An even 19. Mr. Atkins: Okay. Chair King: I have a motion. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Atkins: Thanks, everyone. Appreciate it. Chair King: Thank you so much. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. City of Miami Page 38 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.4 14819 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PROJECT COOPERATION AGREEMENT ("PCA") WITH OBC MOORE PARK, LLC, THE SOLE MEMBER OF WHICH IS THE ORANGE BOWL COMMITTEE, INC. ("OBC"), FOR THE 2021 LEGACY PROJECT TO PROVIDE FOR AN INCREASED CONTRIBUTION FROM THE CITY IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00), FOR A TOTAL CITY CONTRIBUTION NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($750,000.00), TO REPLACE THE ATHLETIC TRACK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING, BUT NOT LIMITED TO, EXTENSIONS, RENEWALS, OR AMENDMENTS DEEMED NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0483 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 39 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.5 RESOLUTION 14810 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) ("FUNDS") FROM THE SW23 TERRACE FROM SW27 AVENUE TO SW 32 AVENUE PROJECT, PROJECT NO. 40-B50412, IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376 AS AMENDED ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE TAMIAMI BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS PROJECT, PROJECT NO. 40-B243600 ("TAMIAMI DRAINAGE IMPROVEMENTS"); DECLARING THE CITY'S OFFICIAL INTENT TO ISSUE TAX-EXEMPT MIAMI FOREVER LIMITED AD VALOREM BONDS ("MIAMI FOREVER BONDS"), IN ONE OR MORE SERIES, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, RULES, AND REGULATIONS REGARDING THE MIAMI FOREVER BONDS, AND USE A PORTION OF THE MIAMI FOREVER BONDS FOR SEA - LEVEL RISE MITIGATION AND FLOOD PREVENTION ("SLRMFP") PROJECTS IN THE TOTAL AMOUNT OF TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE TAMIAMI DRAINAGE IMPROVEMENTS AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER BONDS SLRMFP FUNDS 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; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE- OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS 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-23-0484 City of Miami Page 40 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.1. City of Miami Page 41 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.6 14901 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS, IN ONE OR MORE SERIES, IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF SIXTY-ONE MILLION, TWO HUNDRED THOUSAND DOLLARS ($61,200,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL IMPROVEMENTS PROJECTS AT THE MIAMI MARINE STADIUM, THE ASSOCIATED WELCOME CENTER AND MUSEUM COMPLEX, THE BOAT LAUNCH AND TRAILER PARKING, THE MOORING FIELD IN THE MIAMI MARINE STADIUM BASIN, AND ASSOCIATED PARKING FACILITIES; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 9, 2023, AS MAY BE SUBSEQUENTLY AMENDED. ENACTMENT NUMBER: R-23-0488 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: I believe we're ready to take up RE.6. Commissioner, are you ready for RE. 6? To go back to RE. 6? That's the Marine Stadium. Vice Chair Carollo: Yes. Where's slick? Chair King: Do you mean Mr. Spring? Is Mr. Spring in the building? Commissioner Covo: He's probably upstairs. Chair King: Andrew? Okay. While we wait for Mr. Spring, any of the -- Andrew Frey (Director, Public Facilities): I'm sorry, Chair. Is this about -- Chair King: RE.6. Mr. Frey: -- I think it was RE.6. Chair King: Marine Stadium. City of Miami Page 42 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Mr. Frey: Yes, yes. Chair King: He's supposed to give a report. Mr. Frey: Gotcha. I will -- think I know the information, but I will find him first. Chair King: Okay. In the meantime, we have a couple of discussion items. Do we want to take up any of the discussion items? Vice Chair Carollo: If you like. Mr. Frey: (INAUDIBLE) in a meeting. [Later...] Chair King: Mr. Spring, you have a report for us? Larry Spring (Chief Financial Officer): Just an update. This is regarding RE.6. Based on my conversations and the considerations from each of you, we 'd like to modem the item. The notional amount will be reduced from $61.2 million down to $6 million. We will redact the reference to Miami Marine Stadium Welcome Center and Museum Complex from the resolution. Vice Chair Carollo: Okay. Chair King: Do I have a motion? Vice Chair Carollo: It's a motion. Chair King: Second? Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: RE.6 passes, as amended. City of Miami Page 43 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.7 RESOLUTION 14904 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF NINE HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($970,000.00) ("FUNDS") FROM THE SW23 TERRACE FROM SW 27 AVENUE TO SW 32 AVENUE PROJECT, PROJECT NO. 40-B50412, IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376 AS AMENDED ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE SOUTHWEST 24 STREET FROM SOUTHWEST 27 AVENUE TO SOUTHWEST 32 AVENUE PROJECT, PROJECT NO. 40-B50413 ("SW 24 STREET PROJECT"); DECLARING THE CITY'S OFFICIAL INTENT TO ISSUE TAX-EXEMPT MIAMI FOREVER LIMITED AD VALOREM BONDS ("MIAMI FOREVER BONDS"), IN ONE OR MORE SERIES, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, RULES, AND REGULATIONS REGARDING THE MIAMI FOREVER BONDS, AND USE A PORTION OF THE MIAMI FOREVER BONDS FOR SEA - LEVEL RISE MITIGATION AND FLOOD PREVENTION ("SLRMFP") PROJECTS IN THE TOTAL AMOUNT OF NINE HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($970,000.00) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE SW 24 STREET PROJECT AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER BONDS SLRMFP FUNDS 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; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS 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-23-0485 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. City of Miami Page 44 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 RE.8 RESOLUTION 14905 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION ("DMSI"), FOR ADDITIONAL WORK CONCERNING GOLDEN PINES ROADWAY AND DRAINAGE IMPROVEMENTS, SOLICITED UNDER BIDSAFE REQUEST FOR QUOTATION ("RFQ") NO. 21-22-005, INCREASING THE EXISTING CAPACITY BY FIVE MILLION FOUR HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED FIFTY THREE DOLLARS AND FOURTEEN CENTS ($5,465,453.14), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM EIGHT MILLION FORTY NINE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND TEN CENTS ($8,049,891.10) TO THIRTEEN MILLION FIVE HUNDRED FIFTEEN THOUSAND THREE HUNDRED FORTY FOUR DOLLARS AND TWENTY FOUR CENTS ($13,515,344.24); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DMSI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0486 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 45 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14654 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCELS OF LAND CONSISTING OF APPROXIMATELY 37,500 SQUARE FEET LOCATED AT 3701 SOUTHWEST 1ST AVENUE, 3699 SOUTHWEST 1ST AVENUE, AND 3691, 3693, AND 3695 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, FOLIO NOS. 01-4139- 007-0390, 01-4139-007-0380, AND 01-4139-007-0370 RESPECTIVELY, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "WOODSIDE PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-36, TITLED "NAMING OF WOODSIDE PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14220 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: We are on our second reading items. Madam City Attorney, would you please read the titles into the record for us? Victoria Mendez (City Attorney): For SR.1 and 2, correct? Vice Chair Carollo: Yes. Chair King: All of them. Vice Chair Carollo: SR.1, SR.2. Chair King: SR.1, 2, 3, and 4. Vice Chair Carollo: 3 and -- yeah. Commissioner Covo: Three. Ms. Mendez: Okay, thank you. 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. City of Miami Page 46 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. Do I have a motion? Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: I have a motion and a second for SR.1, 2, 3, and 4. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. SR.2 ORDINANCE Second Reading 14720 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 3/SECTION(S), 12.5-42, 12.5- 44, 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PURPOSE; POWERS AND DUTIES; GOVERNING BODY -COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP QUALIFICATIONS; PROCEDURES FOR APPOINTMENT OF MEMBERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION; PRESIDENT/CHIEF EXECUTIVE OFFICER; APPOINTMENT, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS, AND RESPONSIBILITIES," TO AMEND THE REQUIREMENTS OF THE LITTLE HAITI REVITALIZATION TRUST ("TRUST"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14221 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 47 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 SR.3 ORDINANCE Second Reading 14561 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/SECTION 4-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC BEVERAGES/ ENTERTAINMENT DISTRICTS," MORE PARTICULARLY BY AMENDING THE "OVERTOWN ENTERTAINMENT DISTRICT" IN ORDER TO MODIFY THE DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "0," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14222 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. SR.4 ORDINANCE Second Reading 14809 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM," MORE PARTICULARLY BY AMENDING SECTION 10-75 OF THE CITY CODE TO CREATE A SHORT-TERM ENHANCED SIDE SETBACK ADMINISTRATIVE ADJUSTMENT PILOT PROGRAM FOR THE CITY OF MIAMI'S EXISTING CODE RELIEF PROGRAM AND CREATING SECTION 10-76 TITLED "DRIVEWAY AMNESTY PROGRAM" TO PROVIDE FOR A SETBACK ADJUSTMENT FOR EXISTING DRIVEWAYS AT SINGLE FAMILY HOMES AND DUPLEX PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14223 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 48 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13783 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," BY CREATING SECTION 10-10 OF THE CITY CODE, TITLED "DEMOLITION PAYMENT BOND REQUIRED FOR CONSTRUCTION," TO PROVIDE BONDS FOR NEW PERMITS; TO REQUIRE A BOND TO BE POSTED FOR THE COST OF DEMOLITION BY THE CITY OF MIAMI OF THE WORK TO BE PERFORMED SHOULD THE PERMIT HOLDER FAIL TO COMPLETE THE PROJECT IN VIOLATION OF THE FLORIDA BUILDING CODE PERMIT REQUIREMENTS; AND TO PROVIDE A DUE PROCESS APPEAL FOR ANY SUCH DEMOLITION ACTION TAKEN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item FR.1 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Miami Page 49 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 FR.2 ORDINANCE First Reading 14640 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS/ ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS, OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO INCLUDE FOR THE ALLOWANCE OF AN ENCROACHMENT INTO A PRIVATE EASEMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: Madam City Attorney, would you please read into the record FR.2? Victoria Mendez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Between first and second, we 're going to make sure that the hold harmless and indemnification agreement is done or signed by both the requesting parties and the holder of the private easement in order to make sure that that's indemnified if there's any encroachment. FR (First Reading) -- Chair King: That 's it. Ms. Mendez: That's it. Thank you. Chair King: May I have a motion for FR.2? Vice Chair Carollo: Motion. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 50 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 FR.3 ORDINANCE First Reading 14903 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES," AND CHAPTER 36 OF THE CITY CODE, TITLED "NOISE," TO PROVIDE FOR CITY COMMISSION AUTHORITY TO WAIVE CERTAIN RESTRICTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item FR.3 was deferred to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.3, please see "Order of the Day" and "Public Comments for all Item(s)." END OF FIRST READING ORDINANCES City of Miami Page 51 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 DI.1 14832 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON HOMELESS. RESULT: DISCUSSED Chair King: We will go back to our discussion items. I believe we're going to get a report for the homeless, an update on homelessness. David Gilbert (Director, Human Services): Yes. Good afternoon, Madam Chair. Chair King: Good afternoon. Mr. Gilbert: So, we 've just concluded our first month. Chair King: You have to state your name for the record. Mr. Gilbert: David Gilbert, Director of Human Services. We've just concluded our first month of homeless outreach in the evening. So, we outreach in District 3 from 5 to 10. So, we've conducted an average offive locations per day, a total of 94 over the past month. We've encountered 119 homeless, we sheltered 49, and we had 70 that refused homeless based on the evening report. Chair King: What about D5 (District 5) ? Mr. Gilbert: D5, we have two locations that we've done. I think we've sheltered 18 and we had about 40 that refused. Chair King: That refused? Mr. Gilbert: Yes. Chair King: And your efforts continue? Mr. Gilbert: Every day from 5 to 10 in the evening and we 're looking to extend those hours. Chair King: To extend the hours. Commissioner Covo: To extend to what? I'm sorry. Mr. Gilbert: Yes. Chair King: Go ahead. Mr. Gilbert: Till 12. Commissioner Covo: 12 midday? Mr. Gilbert: 12 midnight, yes. Commissioner Covo: 12 midnight. City of Miami Page 52 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Mr. Gilbert: Yes. We 're working with the service providers and PD (Police Department) to see how we can extend the hours additionally. Commissioner Covo: Okay. Chair King: And whatever happened with Walgreens, the Walgreens in D3 (District 3) ? Mr. Gilbert: We're working with the district office. They 're looking at putting a fence around the Walgreens and doing some other things to deter the homeless from the Walgreens on 12th and Flagler. Chair King: And have we spoken to the management at Walgreens? Mr. Gilbert: We are setting up a meeting with the district office, I think, within the next week. I believe that's coming with Code and Police. Chair King: Okay. Commissioner Covo: We've been getting reports on the Coconut Grove Post Office as well. Mr. Gilbert: Okay. Commissioner Covo: And I'm not sure if they're willing to work with us, but I think that -- that's a hot spot that should be included. Mr. Gilbert: I will have staff work on that for you, Commissioner, Coconut Grove Post Office. Commissioner Covo: The post office. Mr. Gilbert: Okay. Chair King: Vice Chair, do you have any questions? (COMMENTS MADE OFF THE RECORD) Mr. Gilbert: Okay. Chair King: Okay. City of Miami Page 53 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 DI.2 DISCUSSION ITEM 14829 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS City Manager's IN DISTRICT 3. Office RESULT: DISCUSSED Chair King: Are we interested in D3 (District 3)? Do you want to have this discussion item? Do you still want to have it or--? Commissioner Covo: I think that's -- Chair King: Oh, I'm sorry. Commissioner Covo: -- that 's not mine. Chair King: You know what I'm looking at? Commissioner Covo: Parks. Chair King: It's -- Commissioner Covo: The parks, right? Chair King: -- it's Discussion Item 2, so I'm looking at D2 (District 2) instead of the whole title. Commissioner Covo: No, it's D3. Chair King: D3, park improvements. Commissioner Covo: Commissioner Carollo. Chair King: (Comments in Spanish not translated). Hector, (Comments in Spanish not translated). Hector Badia (Director, Capital Improvements Program): (Comments in Spanish not translated). Chair King: D2. Vice Chair Carollo: (INAUDIBLE). Mr. Badia: Sure. Chair King: Presentation? Mr. Badia: Connected, let me see. (INAUDIBLE). Chair King: IT (Information Technology). Is IT in the building? Where is IT? We need some assistance. IT, can you hear me? Can you hear me? Mr. Badia: It's a little crazy around here. Chair King: Here they come. Thank you. (COMMENTS MADE OFF RECORD) City of Miami Page 54 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: I just fell asleep. Vice Chair Carollo: Mr. Union President, Mr. Flechas, somebody told me we were having elections in November in the City. Are you guys covering the City or not? Joey Flechas: Oh, you've been reading (INAUDIBLE)? Vice Chair Carollo: Huh? No, I don't. Mr. Flechas: (INAUDIBLE) you 'd see it if you were. Vice Chair Carollo: You want to charge me for me to read it and for what I get out of it, I -- Mr. Flechas: I 've got to eat too. Vice Chair Carollo: -- I don't think it's worth it, frankly. So, there is an election then. Yeah, I guess you guys learned from the last City election races when some character told them he didn't want the Herald's endorsement and then ended up winning by 65 percent, and now you endorse the day after the election, right? Mr. Flechas: That was you. Vice Chair Carollo: Yeah, somebody told me. It was me. Chair King: Was it you or was it me? Vice Chair Carollo: No, it was me. Chair King: They didn't endorse me either. Vice Chair Carollo: Yeah. They changed their format now. Now they endorse the day after the election. You better bring Nancy Acker with you to the Sculpture Gardens, Dogs and Cats Walkway. She'll enjoy it. [Later... J Chair King: Are we ready with the --? Mr. Badia: I think so. Chair King: Are you ready? What if you move to this one? Maybe this one will work better. Mr. Badia: There we go. Chair King: Oh, there we go. Mr. Badia: Alright. Chair King: Here we go. Mr. Badia: I'm up and running. Chair King: Nope, it's gone again. Oh, okay. Go ahead. City of Miami Page 55 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Mr. Badia: Alright. I'm here with the director of Parks to update you on the District 3 projects for -- in your district for parks. So, the first one is the Jose Marti Park Shoreline Seawall Kayak Launch and River Walk. This is one of our Miami River Bond demonstration projects. It includes 1,150 linear feet of river walk, shoreline improvements, (INAUDIBLE). It has a taxi landing and loading dock, kayak launch, and a floating boardwalk with two gangways. It also includes one additional dockage. It's funded by FIND (Florida Inland Navigation District) and federally funded, managed through the Florida Department of Commerce and Housing and Urban Development. We're in dry run permitting on this project. Next phase would be the bidding. We 're awaiting the clearances -- the environmental clearances for the federal government in order to go to bid on this project. Essentially, that is where we're at right now. Vice Chair Carollo: Okay, how about the other parks that we've been working at? Mr. Badia: I have more. Vice Chair Carollo: Okay. Mr. Badia: The Woodside Mini Park. That is a park that is located at 3699-3701 and a newly acquired property at 3691 Southwest 1st Avenue. We are in bidding on that project. We're also finalizing the dry run permitting. We 're finishing the first cycle. We're waiting submittal for the second cycle. We submitted it to the Building Department on the 24th, yesterday. Vice Chair Carollo: When do you --? Mr. Badia: We have a warrant application that 's in process. The notifications were sent on the 19th. Vice Chair Carollo: When do you foresee that we can start breaking ground and actually doing something there? Mr. Badia: We are -- for phase one, which is essentially the site work, we're issuing an NTP on October 31st with the purchase order, and subsequent to that, we need to schedule a groundbreaking. Vice Chair Carollo: Okay. And in the new acquired property that we're going to include with the park, do you have a date when that house will be taken down? Mr. Badia: Yes, so we have a demo contractor on board. They did some testing for asbestos and lead. Lead came back unusually high. We had to resample this morning to see if the lead -- to validate or disclaim the lead contamination in the house. Following the results of that testing, we can either move up the schedule to do the demo, or we're looking at a December start on the demolition. Vice Chair Carollo: Okay, alright. What's next? Mr. Badia: Affordable Housing Projects, Ruben Dario Park. We're receiving bids today for demolition. We're starting the process for rezoning and we already met with Public Works to initiate the Northwest 5th Street and 16th Avenue road closures. Vice Chair Carollo: Hold on. You've got an affordable housing project, but that's for parkland. Mr. Badia: Yes, that 's the name of the funding project, was affordable housing, but it's to acquire those properties. City of Miami Page 56 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: But I'm a little concerned because I don't want to have any problems with any pots of monies we're getting. The land is going to be used strictly for parks. Why are we saying affordable housing projects? Mr. Badia: I believe that's where the funding's coming from, 223401. Vice Chair Carollo: Somebody in the Attorney's Office, if you can look into this so that we're walking in firm ground not in quicksand from the funding. George Wysong (Deputy City Attorney): Okay, we'll reach out to your office and -- Vice Chair Carollo: Yeah. Mr. Wysong: -- see if we can figure out -- Vice Chair Carollo: We are going to be building quite a bit of affordable housing in other properties we own already there, but I don't know if with the funding that you're looking to do this with, that 's allowed or not. So, I just want to be sure. If not, I'll look at bringing in money from some other pots. Mr. Badia: Okay. Morazan Quesada Park Renovations and Enhancements. The first phase of that, the installation of playground equipment has already been completed. And the scope is the design and construction of synthetic field and associated right-of- way improvements. This is a pro -- this is -- the federal funds moved to this project from the Plaza de la Comunidad -- Cubanidad, in order to move that project further along. Vice Chair Carollo: Okay. Mr. Badia: So, it is going to delay this project a little bit because of the federal requirements. We're initiating the bidding process with Procurement using Sourcewell, which is a federally compliant state contract. We are negotiating with FDOT (Florida Department of Transportation) for the -- there's some right-of-way improvements required by them. It's just simply a handicap ramp. It 's not anything complicated. We are in dry run, finalizing dry run with the Building Department and it 's on hold pending those DOT (Department of Transportation) issues. And then once we receive the Sourcewell bids, we can reexamine the cost and schedule for the project. Vice Chair Carollo: Okay. Mr. Badia: Coral Way Park Expansion and Enhancements. This is the expansion for playground for children two to five. It includes playground amenities, shade structures, additional landscaping and benches, and it does include the construction of new ADA (Americans with Disabilities Act) unisex extension bathroom, and it does have right-of-way improvements. We're in dry run permitting with parks and restrooms and we're getting a design underway for the right-of-way improvements. (COMMENTS MADE OFF THE RECORD) Mr. Badia: We're looking at obtaining dry run approval November 13th, construction PO (Purchase Order) and NTP (Notice to Proceed) for expansion of the restrooms by December 11 th, and for the right-of-way improvements, design, construction, and proposal by November 6th. With the right-of-way, the street improvements. (COMMENTS MADE OFF THE RECORD) Mr. Badia: Mid -November, yeah. City of Miami Page 57 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: Do you have the playground equipment (INAUDIBLE)? Mr. Badia: That is something we're looking at issuing an NTP to the contractor. There's a long lead item for the playground equipment so they can order it right away. We don 't have to wait for the -- for final approvals. Vice Chair Carollo: We need to get it because -- Mr. Badia: Yes, sir. Vice Chair Carollo: -- (INAUDIBLE) waiting for six, eight months to get the playground equipment. Mr. Badia: Correct. That's been an issue across all our projects is the lead time on the materials. Vice Chair Carollo: I would greatly appreciate it (INAUDIBLE). Mr. Badia: We will. Vice Chair Carollo: (INAUDIBLE). Commissioner Covo: (INAUDIBLE). Mr. Badia: Yes, yes. I'll turn it over to Parks Department. Chris Evans: Alright, good afternoon, Chris Evans, Parks Director. Jorge Morawill be joining as well, Assistant Director of Construction. Next project is the 1320 Mini Park, Rocco Villas. It 's -- the scope of the project is to develop the 7,500 square foot vacant lot into a dedicated dog park and fitness area. We 've completed the conceptual design. The next step in the process is a community meeting scheduled for Monday at 6 p.m. on site. Flyers have been distributed to the community as well. Once we have that meeting, we're estimated to be able to complete the construction documents phase with the input by January at the latest, and then with our goal to break ground in the summer of next year with the anticipated construction completion date by December of 2024. Vice Chair Carollo: You guys are serious on that? This is a little park, a mini park, 7,500 square feet. Why in the world --? I mean, it 's been -- I've been waiting for this for a year and a half or more and it's still going to take another year and a half for it to be done? Mr. Evans: Right, to complete construction we have, I know there 's tree (INAUDIBLE). Vice Chair Carollo: And then on top of that, it's going to charge -- you're going to charge us a million and a half dollars. All we 're getting is a fence, a few exercise equipment places, and most of it is going to be a dog park. Why is it going to cost a million and a half dollars? Jorge Mora (Parks & Recreation): Sorry, this is Jorge Mora, assistant director. There's also right-of-way improvements included. There's parking we're going to add to the park. There's a number of specimen trees that we have to deal with, so the park is going to be quite costly. We'll update the estimates, obviously, after the community meeting. We'll update estimates to see where we're at, but that's our projection. City of Miami Page 58 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: Yeah, but my God, Jorge, how much is it going to cost us for each specimen tree that we're taking out? A hundred thousand? The parking there, you know, it 's simple parking. We're not building the parking. It's off-street parking. I mean, I'm in shock not only at the timing that it takes, but also at the cost that we 're getting. Chair King: And time wounds all deals. The longer it takes to complete, the more expensive it becomes. I think what the Commissioner is saying is make best efforts to be as economical as possible for this project and all projects. Vice Chair Carollo: Yeah, Mr. Manager -- Mr. Manager. Arthur Noriega (City Manager): Yes, sir. Vice Chair Carollo: Can we go at least into one of these smaller parks, out to the private sector, at least as a pilot project, to see how quickly they could build it and for how much cheaper? Because I mean, my God, you guys are really trying to force me to come and run again for something when I don 't. I want to go to Shangri-La. You know, because we've got all these parks and I can 't get them built for the residents. You know, it's like it's all going to be after I'm gone if they're finished. Mr. Noriega: Jorge, do we have a --? And maybe we can address this issue as a pilot maybe, but we have a -- do we have a pre -approved list for design build? Because I think that's the only way to really do something like this quicker. I mean, in terms of this project type, do we have a list of pre -approved design -build firms? No? Okay. That's the way to go. So, we're going to start -- we'll work on something relative to -- Vice Chair Carollo: Look, I don't know -- Mr. Noriega: -- getting a pool of design -build firms. Vice Chair Carollo: -- who you have in your office or whatever, but you know what? Tell somebody that they can't take weekends off, that they've got to work after 5, whatever you need to do, Mr. Manager, so that we can get some of these projects done? I mean, if someone from your office is not driving this, this ain 't going to happen. And this is a small, little park. What's going to happen with Ruben Dario? Six and a half acres. It'll never get built. Not in the next two years. What's going to happen with Bolivar? What's going to happen with Woodside, an acre? And, you know, I'm just tired of being here and trying to get things done, and I don 't have the power, none of us do, to get it accomplished. It falls on you, but it's not happening. And I don't want to embarrass anybody, but if we start asking for what accomplishments we've had as a city in the last years, we're going to fall real, real short. I see no motivation for parks, even less motivation for affordable housing. I mean, I don't know, it's like everything in this city is an automatic (INAUDIBLE), and it's always tomorrow. You know -- Commissioner Covo: Commissioner, why don't we direct Mr. Manager to come out with a plan for speeding up processes and removing the obstacles that they are facing. I don't know how that would work from a management perspective, but what I've noticed is that it's so much going back and forth. And many times, you 've been very collaborative with me, but we go through processes that are just like (INAUDIBLE) and just happen to be that way. Maybe we can explore a reality of a plan to make our city more efficient managerially in the sense that what can we like do to speed processes up? Vice Chair Carollo: Well, this is exactly what I've been telling him now. And my next -- and this is why I'm having to put these items on the agenda so that you all could see what we're going through and at the same time hoping that someone, you know, City of Miami Page 59 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 would get a fire lit so they could move quicker with them. But my next step is going to be to bring a motion to this Commission to get these parks and get the private sector to come in and, you know, whether we four -fifth it or whatever we've got to do, bring somebody that could get the job done quickly. And with the prices that we're paying here, I guarantee you, we should be able to get quite a few people that would do it. And I believe cheaper, too. Chair King: Thank you. Commissioner Covo: Yes, the question is, do we, like, not have enough employees? The question is, is the procurement process --? Is it the permitting? Vice Chair Carollo: Commissioner, I don't know why it's happening. I'm fickle as to why it's all like this. All that I know is that it takes forever to get even a minute mini park like this one that we just talked about now finished. And it's always a million plus, a million and a half for mini parks. This one is bare bones. I'm not even having a playground in it, but it's still a million and a half bucks. It's like it's a cookie cutter. No matter what, you've got to charge a million and a half bucks. And you know, it's really frustrating. Chair King: Having said that, I think this will conclude our City of Miami Commission meeting for October -- Vice Chair Carollo: Do we have any more here? Chair King: Oh, do you have more? You have more? Vice Chair Carollo: Yeah, I think we do. Chair King: Oh, I didn't know you have -- okay, go ahead. You know I'm going to ask for the same thing. I do want to say that I believe that facilities need to be upgraded. The facility at the Little Haiti Soccer Park, the office space, the bathrooms, staff does an excellent job of keeping the bathroom clean, but there's just so much you can do. I don't think that space has been updated since the facility was built. And it really needs addressing. I know I'm doing that. I'm doing that at the Upper Eastside facility. We need to look at the Little Haiti Soccer Park Center because it is bad. It's bad. Vice Chair Carollo: It's been 20 years since we constructed it, more or less. Chair King: It's bad. And I know you're doing some work at Roberto Clemente Park, correct? So, I would like a comprehensive report like this as well, discussion item, D5 (District 5) parks. Commissioner Covo: And D2 (District 2). Chair King: But let's -- Commissioner Covo: No, but you know that. Chair King: -- stretch it out in -- Commissioner Covo: I mean, I've been working with him. Chair King: -- different meetings because, you know -- Commissioner Covo: It's a lot but -- City of Miami Page 60 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: -- you know, it's -- I think I have the most parks in the City of Miami, D5, right? Mr. Evans: It's usually between District 2 and District 5, yes. Chair King: Okay. But let 's continue with District 3. Mr. Evans: The -- Vice Chair Carollo: District 3 has the least amount of parks. And at the rate we're going, we're still going to be the one with the least amount of parks. Mr. Evans: The next project, Cuban Memorial Boulevard Park Improvements, we've separated the project into multiple phases. The first phase is to assist the district office with the coordination of the monument installation there on the boulevard. It 's been designed and permitted, and there's active construction going on now at the site. It commenced this month and anticipated completion in December. The next project on the boulevard is the renovation of six existing historical monuments and the amenities located along 13th Avenue. Two of the six monuments will be relocated per the directive given on August 31st. The -- we've started with the planning and repairs. The next step is to -- is for the four monuments. The drawing and the conceptual plans will be delivered next month and then the next step will be to relocate the Antonio Maceo Pedro Pan monument and then coordinating to move forward with the new art in public place for the mural and the new design. The next project, the Plaza de la Cubanidad Improvements. The -- we 're currently in permitting and we are working with OCI (Office of Capital Improvements) and Budget to reallocate funds to an alternate project in the next Commission meeting. Once that is approved, then the next step will be to go to the dry run permitting approval and construction award in January, with anticipated construction to begin shortly thereafter in February. The next project, Simpson Rockland Hammock Preserve Park, it is a roof system replacement for the facility. That's a historic park. We are in dry run permitting, estimated completion for next month, and then to award construction shortly thereafter to begin construction in January 2024. Vice Chair Carollo: January 2024? Mr. Evans: Yes, sir. For the (INAUDIBLE). The next project is the Southside Park Enhancements, to address the 40-50 year recertification for the repairs and treatments. That's going to include termite treatment, interior wood beam replacement, retaining wall repairs. We've completed the first five steps of this process, which ended with the HVAC (Heating, Ventilation and Air -Conditioning) system replacement. And then the next in progress is the design for the construction documents with a similar timeline of getting the dry run permitting approved in November for construction award in January to begin construction in February of 2024. So, our goal is to get this in construction right away. And then the last on the list is the Henderson Park Playground Replacement, to replace the existing playground with new and improved playground equipment. We 've presented two conceptual designs. We're pending feedback and then we'll go into the engineering and permitting phase so next year the community can have a new playground there at Henderson Park. Chair King: Thank you. Vice Chair Carollo: No, there's more. Chair King: Oh, he said that was the last one. Mr. Evans: That was the last one. City of Miami Page 61 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: You have any more? Mr. Evans: No, sir. Vice Chair Carollo: Okay, how about any more information on Ruben Dario that you had? Mr. Evans: No, sir. At this moment, I know it's on the OCI list -- Vice Chair Carollo: Okay. Mr. Evans: -- for demolition of the existing buildings. Vice Chair Carollo: How about the Simon Bolivar? Mr. Evans: I don 't have those plans. Vice Chair Carollo: The area that I spoke about, by the water? Mr. Badia: Yeah, I believe just south of the Flagler bridge. Right, we have to meet internally to discuss the options on that, Commissioner. Vice Chair Carollo: Okay. Alright, thank you. Mr. Manager, if you could please keep placing this in every agenda. Chair King: And is that it? Vice Chair Carollo: Yes. Chair King: Well, that shall conclude the City of Miami Commission meeting for October 26, 2023. Thank you all for attending, participating. Meeting adjourned. City of Miami Page 62 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 DI.3 14893 City Manager's Office DISCUSSION ITEM A DISCUSSION REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2024 FLORIDA LEGISLATIVE SESSION. RESULT: DISCUSSED Chair King: Should we take up the legislative priorities as a discussion item while you guys wait for that? Arthur Noriega (City Manager): Probably a good idea. Chair King: Probably. Mr. Noriega: It 's a productive use of our time. Melissa Fernandez-Stiers: Good afternoon, Madam Chair, members of the City Commission. Melissa Fernandez-Stiers, Chief of Staff to the City Manager. I believe at this point your offices have already received a list of our draft legislative priorities, which include both the bills and the appropriations projects that we've been working with your offices to present for you for discussion purposes today. So, I'm here to answer any questions that you may have and make any changes to those lists that you deem appropriate at this time. Vice Chair Carollo: We have -- well, I've just got a few minor changes. Okay, I'd like to add Ruben Dario Park and make an ask for construction of $4 million out of the $8 million that the City says it 's going to cost, which will probably be more. So, we 're going to cover at least -- as much of what we 're asking, if not more. Woodside Park, we're asking $2 million in construction. By the way, Ruben Dario is going to be about a six and a half acre park approximately. Woodside Park is right around one acre. And Simon Bolivar Park, we're asking $2 million for the construction. And I don't know how big that'll be, but it might be quite big. But for the part that we 're looking at now, it's $2 million right now. So, that's the three additional items that I'd like to ask for. Chair King: Commissioner Covo, do you have any? Commissioner Covo: No, ours are okay. Chair King: I think D5 (District 5) is pretty square. Thank you. END OF DISCUSSION ITEMS City of Miami Page 63 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 12858 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS 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. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 64 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.2 ORDINANCE Second Reading 12859 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT ZONE - OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD- 2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND 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. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 65 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.3 13953 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.3 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 66 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.4 14670 Commissioners and Mayor- PZ ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" FOR THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14224 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: Mr. Manager, you were saying something? Arthur Noriega (City Manager): I was just explaining to (INAUDIBLE) that (INAUDIBLE). Chair King: Okay. Mr. Noriega: (INAUDIBLE) discussion item (INAUDIBLE). Chair King: Do you need --? I don 't need an update on the homeless. I kind of get that regularly. Do you -- do you need --? Vice Chair Carollo: I want it on the record -- Chair King: Okay. Vice Chair Carollo: -- because I want to see where we're at. That's the only way that maybe we can get something done. Chair King: Is there anyone here that's going to report? Mr. Noriega: Yeah, we have everybody teed up for the reports. We just got to get everybody down here. Chair King: Oh. Mr. Noriega: They're all hovered upstairs because we don't have the staff room back here because they're setting up for elections. So, let me just get everybody down here and we'll get everything. Vice Chair Carollo: Elections. City of Miami Page 67 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Entiendo (Comment in Spanish not translated). Mr. Noriega: Huh? Vice Chair Carollo: Elections? Chair King: Entiendo (Comment in Spanish not translated). With the meeting -- Mr. Noriega: Yeah, we have elections coming up in two weeks, you know. We have the back room is an early voting spot. Commissioner Covo: Yeah, I'm getting my parking spot taken away and everything. Mr. Noriega: Elections, yeah. Chair King: I see. Vice Chair Carollo: Oh, so that's what we 're having. Commissioner Covo: Because it's the first one. Chair King: Well, let me see. Is there any --? Can we take up --? Madam City Attorney, do you have the language that we needed for -- Vice Chair Carollo: For Item Number 19. Chair King: -- for PZ.19, so we can have these gentlemen who have been waiting all day so patiently. Ms. Mendez: Give me one moment. We had a -- we're having it printed out. Vice Chair Carollo: Okay. Chair King: Okay. Well, did you read the title into the record? You know, what you could start doing is reading the Planning and Zoning item titles into the record for us while we wait. Vice Chair Carollo: Yeah, that or if you guys want to give us the Lotto numbers for today, whatever you like. Chair King: Or I could do karaoke. No, I'll go with the titles. Ms. Mendez: Okay, Madam Chair, I know that PZ.1, 2, and 3 are not in play. Chair King: No, PZ.1, 2, 3, 10 -- Commissioner Covo: PZ.1 -- Chair King: -- and 11 -- Commissioner Covo: PZ.1 and 2 were indefinitely deferred. Ms. Mendez: Right. PZ.1, 2, and 3 are not in play. Chair King: Right, not in play. Ms. Mendez: So, I'm going to start with PZ.4. City of Miami Page 68 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: 4 -- yes, 4 and 5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.4 and 5 is sponsored by Commissioner Manolo Reyes. Vice Chair Carollo: So moved. Commissioner Covo: Second. Ms. Mendez: One more title. Chair King: Wait. Ms. Mendez: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: So moved on both. Chair King: I have a motion for PZ.4 and 5. Do I have a second? Commissioner Covo: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.5 ORDINANCE Second Reading 14671 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "CS," CIVIC SPACE ZONE, OF THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14225 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.4. City of Miami Page 69 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.6 ORDINANCE First Reading 14672 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") PURSUANT TO ARTICLE 3 AND ARTICLE 7 OF THE MIAMI 21 CODE, SPECIFICALLY BY AMENDING APPENDIX F, TITLED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDD SAP"), AS MORE PARTICULARLY DESCRIBED IN AMENDED THE REGULATING PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "A," AND THE AMENDED CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "B," SPECIFICALLY BY: (A) ADDING APPROXIMATELY 127,805 SF (2.934 ACRES) OF LOT AREA SPLIT AMONG SIX (6) ADDITIONAL PARCELS FOR A TOTAL COMBINED AREA OF 1,110,387 SF (25.491 ACRES); THE ADDITIONAL PROPERTIES ARE LOCATED AT APPROXIMATELY 3995 NORTH MIAMI AVENUE, 21 NORTH EAST 39 STREET, 35 NORTH EAST 40 STREET, 27 NORTH WEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND 3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" ATTACHED AND INCORPORATED; (B) AMENDING THE ZONING ATLAS OF THE MIAMI 21 CODE BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER ZONE OPEN, TO "T6-8-O," URBAN CORE ZONE OPEN, FOR THE PROPERTY LOCATED AT 3995 NORTH MIAMI AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D," ATTACHED AND INCORPORATED; (C) AMENDING THE REGULATING PLAN TO INCLUDE REVISED VERSIONS OF CERTAIN RECENTLY ADOPTED MIAMI 21 CODE PROVISIONS RELATING TO FRONTAGES, FLOORPLATES, HEIGHT, LOADING, AND LANDSCAPING; (D) PROVIDING CLARIFICATIONS OF EXISTING TERMS AND CONSOLIDATING ILLUSTRATIONS AND FIGURES FOR READABILITY; E) ESTABLISHING CERTAIN NEW DEFINITIONS AND FRONTAGE TYPES AND AMENDING PROVISIONS RELATING TO SAP PERMIT ISSUANCE; (F) ALLOWING CONSOLIDATION OF VEHICULAR ENTRANCES, ALLOWING CIVIC SPACE AND PORTE COCHERES ON FRONTAGES WITH CERTAIN DESIGN REQUIREMENTS, CLARIFYING PARKING AND LOADING REQUIREMENTS, ALLOWING FOR ADDITIONAL HEIGHT IN THE TOP STORY WITHIN THE PERMITTED MAXIMUM, ADJUSTING PROVISIONS FOR ROOFTOP ELEMENTS, REVISING BUILDING HEIGHT CALCULATIONS WITHIN PERMITTED MAXIMUM, AND ALLOWING PEDESTRIAN BRIDGES OVER A RIGHT-OF-WAY SUBJECT TO PUBLIC WORKS REVIEW; AND G) UPDATING THE CONCEPT BOOK PURSUANT TO THE REGULATING PLAN AMENDMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s). " City of Miami Page 70 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: Okay. Victoria, can you continue to read the titles for our PZs (Planning and Zoning)? Victoria Mendez (City Attorney): Thank you, Madam Chair. We're on to PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That is just PZ.6. Lakisha Hull (Director, Planning): Madam Chair, we have a substitution memo for PZ.6 as well. Ms. Mendez: So, as amended and also the title as I read and changed it a little bit. Chair King: May I have a motion for PZ.6? Commissioner Covo: I move it. Vice Chair Carollo: Move -- second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 71 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.7 ORDINANCE First Reading 14837 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN RFD NORTH 39 LLC, RFD NORTH 40 LLC, RFD SOUTH 40 LLC (COLLECTIVELY, "APPLICANT"), AND THE CITY OF MIAMI, FLORIDA ("CITY"), GOVERNING THE PROPERTIES GENERALLY LOCATED AT 3995 NORTH MIAMI AVENUE, 21 NORTHEAST 39 STREET, AND 35 NORTHEAST 40 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): PZ.8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's PZ.8. And then PZ.9 also has a substitution memo. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. May I have a motion for PZ.7, 8, 9? Commissioner Covo: Second. Vice Chair Carollo: So move. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries as amended where appropriate. Ms. Mendez: Thank you. City of Miami Page 72 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.8 ORDINANCE First Reading 14838 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, IN A FORM ACCEPTABLE TO THE Planning CITY ATTORNEY, THE PARTIAL RELEASE OF CERTAIN PARTIES AND PROPERTIES FROM, AND AMENDMENT TO, THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("AMENDED MDDA DEVELOPMENT AGREEMENT"), PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE APPLICANTS LISTED IN EXHIBIT "B" ("APPLICANT ENTITIES"), ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI, FLORIDA ("CITY"), TO GOVERN THOSE CERTAIN PROPERTIES WITHIN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP"), AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "C" ("SUBJECT PROPERTIES"), FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT LATEST OWNERSHIP; B) ADDING THE FOLLOWING PROPERTIES TO THE AMENDED MDDA DEVELOPMENT AGREEMENT: LOCATED AT APPROXIMATELY 27 NORTHWEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND 3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D" ("NEW PROPERTIES"), ATTACHED AND INCORPORATED; C) RELEASING THE FOLLOWING PROPERTIES FROM THE AMENDED MDDA DEVELOPMENT AGREEMENT LOCATED AT APPROXIMATELY 4200 NORTHEAST 2ND AVENUE AND 4240 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "E," ATTACHED AND INCORPORATED; D) ALLOWING FOR ADDITIONAL BELOW -GRADE CONNECTIVITY, PEDESTRIAN BRIDGES OVER A RIGHT-OF-WAY SUBJECT TO PUBLIC WORKS REVIEW, LIMITING COMMUNICATION KIOSKS IN THE RIGHT-OF-WAY; AND ACKNOWLEDGING COMPLIANCE OF SECTION 54-46 OF THE CITY CODE THROUGH PRIOR CONTRIBUTIONS; E) MODIFYING PROCESS AND APPROVALS FOR SPECIAL/TEMPORARY EVENTS, TEMPORARY USES, AND FOOD TRUCKS; F) ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN MULTI -UNIT DEVELOPMENT AND PROVIDING FOR CONSENT TO AMENDMENTS BY SPECIFIED ASSOCIATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED MDDA DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ. 7. City of Miami Page 73 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.9 ORDINANCE First Reading 14839 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE FIRST AMENDMENT TO THE FLAGLER Planning DEVELOPMENT AGREEMENT ("AMENDED FLAGLER DEVELOPMENT AGREEMENT"), A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC. AND DD 4200 LLC (COLLECTIVELY, "APPLICANT"), AND THE CITY OF MIAMI, FLORIDA ("CITY"), TO GOVERN THOSE CERTAIN PROPERTIES WITHIN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, "SUBJECT PROPERTIES") FOR THE PURPOSE OF A) UPDATING THE APPLICANT TO REFLECT LATEST OWNERSHIP; B) ADDING TO THE FLAGLER DEVELOPMENT AGREEMENT THE PROPERTIES LOCATED AT: 4200 NORTHEAST SECOND AVENUE AND 4240 NORTHEAST SECOND AVENUE, MIAMI, FLORIDA (COLLECTIVELY, "NEW PROPERTIES") AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED; C) LIMITING COMMUNICATION KIOSKS IN THE RIGHT-OF-WAY AND ALLOWING OPEN AND CIVIC SPACE REQUIREMENTS TO BE SATISFIED VIA DEDICATION OF A PUBLIC PARK OR OPEN SPACE WITHIN THE SAP AREA OR WITHIN HALF A MILE RADIUS OF THE SAP AREA; D) MODIFYING THE PROCESS AND APPROVALS FOR SPECIAL/TEMPORARY EVENTS, AND ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN THE MULTI -UNIT DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED FLAGLER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AS EXHIBIT "A", FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.9, please see "Public Comments for all Item(s)" and Item Number PZ.7. City of Miami Page 74 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.10 ORDINANCE First Reading 14675 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "COMMERCIAL RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.10 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day." City of Miami Page 75 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.11 ORDINANCE First Reading 14676 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, BY CHANGING THE ZONING CLASSIFICATION FROM "T3- 0," SUB -URBAN ZONE — OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY GENERALLY LOCATED AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE PUBLIC ACCESS EASEMENT AND MAINTENANCE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.11 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day." City of Miami Page 76 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.12 ORDINANCE First Reading 14677 AN ORDINANCE OF THE MIAMI CITY COMMISSION , WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP ("FLUM") OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP"), PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY MULTI- FAMILY RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO " RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 43 NORTHEAST 53 STREET AND 50 NORTHEAST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Victoria Mendez (City Attorney): And Madam Chair, I don't know -- I believe -- Chair King: We have PZ.12, 13, 14, 17, 18, and 20 in play. Ms. Mendez: Okay, PZ.12 -- thank you. PZ.12. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And we have PZ.13. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then we have -- is PZ.14 next? Chair King: Yes. The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: PZ 15? Chair King: No. Ms. Mendez: No? Chair King: PZ.17. Ms. Mendez: 17. Thank you. PZ 17. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ 18. City of Miami Page 77 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.20. Chair King: 20. Ms. Mendez: An -- thank you. The Ordinance was read by title into the public record by the City Attorney. Chair King: And PZ.20 will be as amended. Ms. Mendez: Thank you, Madam Chair. Chair King: May I have a motion for PZ.12, 13, 14, 17, 18, and 20 as amended? Commissioner Covo: I move it. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 78 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.13 ORDINANCE First Reading 14678 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43 NORTHEAST 53 STREET; FROM "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 40 NORTHEAST 54 STREET; AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (NORTHERN PORTION), FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHWESTERN PORTION), AND FROM "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHEASTERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 50 NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.13, please see Item Number PZ.12. City of Miami Page 79 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.14 14721 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "C," THEREBY RELEASING THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE REAL PROPERTY GENERALLY LOCATED AT 3043 NORTHWEST 3 AVENUE, THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET, MIAMI, FLORIDA ("NORTH PARCELS"), AND THE REAL PROPERTY GENERALLY LOCATED AT 221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA ("SOUTH PARCELS") (COLLECTIVELY WITH THE NORTH PARCELS, REFERRED TO AS THE "PROPERTY"), AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0489 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ14, please see Item Number PZ.12. City of Miami Page 80 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.15 ORDINANCE First Reading 14742 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 "SINGLE-FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day." City of Miami Page 81 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.16 ORDINANCE First Reading 14743 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE — LIMITED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 5010 AND 5040 NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50 TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR A PORTION OF 184 NORTHEAST 50 TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-L," URBAN CENTER ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 162, 170, AND A PORTION OF 184 NORTHEAST 50 TERRACE (LOT 3, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET, MIAMI, FLORIDA, AND A CHANGE OF ZONING DESIGNATION FROM "T3-L," SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see "Order of the Day." City of Miami Page 82 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.17 ORDINANCE Second Reading 14558 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 3, TITLED "GENERAL TO ZONES," MORE SPECIFICALLY BY AMENDING SECTION 3.3.1 AS IT RELATES TO MAXIMUM LOT AREA (OR LOT SIZE), IN ORDER TO PERMIT ADDITIONAL FLEXIBILITY IN THE DESIGN AND DEVELOPMENT OF BUILDINGS WITHIN THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14226 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.12. PZ.18 ORDINANCE Second Reading 13542 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, 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 RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14227 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.12. City of Miami Page 83 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.19 ORDINANCE First Reading 14682 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO PERMIT CIVIC COMMUNITY FACILITY USES IN "T4-R," GENERAL URBAN ZONE - RESTRICTED TRANSECT ZONES; FURTHER AMENDING ARTICLE 6, SECTION 6.1 OF THE MIAMI 21 CODE, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR COMMUNITY FACILITIES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.19, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: Now, do we want to take up the PZ (Planning and Zoning) items first -- Vice Chair Carollo: Can we -- Chair King: -- or discussion items? Vice Chair Carollo: Can we come back? Chair King: You know, we could finish this up before lunch. Vice Chair Carollo: Lunch is now, 12..08. Chair King: I mean, we have PZ and you want to take lunch? Vice Chair Carollo: Yeah, but it's going to take quite some time and -- Chair King: It's a lot of them that are deferred, you know. Vice Chair Carollo: Can -- well, can we come back even if it's coming back earlier? I don't mind. Chair King: Okay, it's -- 2 o'clock. Vice Chair Carollo: Okay, that's fine. Commissioner Covo: Coming back at 2, okay. Chair King: We'll come back at 2. Vice Chair Carollo: One item maybe if we could take so they don't have to come back, the one that 1 requested the guarantees on -- City of Miami Page 84 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Chair King: For the Bay of Pigs? Vice Chair Carollo: -- other properties on 8th Street, the item for the Brigade Museum. Chair King: That will be PZ.18 and 19 -- Vice Chair Carollo: Yeah. Chair King: -- because they're companion items. Vice Chair Carollo: Yeah, can we just take those so that they don 't have to come back? Commissioner Covo: I'm okay with that. Lakisha Hull (Director, Planning): Madam Chair? Chair King: They have to be read into the record. Ms. Hull: It's actually one item, it's the legislation. It should be PZ.19. Chair King: PZ.19. Ms. Hull: That's correct. Vice Chair Carollo: Right, what I -- Chair King: Okay. Vice Chair Carollo: -- what I've asked for is that I want to pass this. I just want the guarantee within the ordinance that whatever changes we're making are for a museum only. And this will not give the right into the future for anyone else in the long 8th Street corridor on either side to want to ask for higher density in height and what they could build? Ms. Hull: Commissioner, so the legislation as written, the eligible property has to meet criteria. It has to be a government -owned or non-profit facility first and foremost. It also has to meet the requirement of 30 years being able to have that use on site. So, it's a very restrictive criteria within the legislation as written, sir. If you would like to make a modification based on just -- Vice Chair Carollo: Well -- Ms. Hull: -- only museums, that's something we can -- Vice Chair Carollo: -- the modification is that it would only be for museums. This way, they can move forward, but we're protecting that area from greedy developers coming in and wanting to build the sky is the limit. Victoria Mendez (City Attorney): Would you like to make that amendment between first and second? Vice Chair Carollo: Excuse me? Ms. Mendez: Would you like to make that additional amendment about it only being for museum purposes? City of Miami Page 85 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 Vice Chair Carollo: Can we make it right now? Ms. Mendez: I wouldn 't know the language right now to add to it to make it super specific like that, but you don 't want -- then Commissioner, I would ask -- Vice Chair Carollo: I don't want Iris bringing her client so they could, you know -- Ms. Mendez: Right, right so -- Iris Escarra: I have all types of clients. I have Bay of Pig clients, I have other clients. Ms. Mendez: Right, so the only concern I have and why I wouldn 't want to write it on the spot, I would either like to do between first and second or have the lunch time to give you the appropriate language because it would have to be only for museum purpose versus museum on the first and second floor and a skyscraper on top or something. So, you know what I mean? Vice Chair Carollo: Okay. Ms. Mendez: So, I would prefer -- Vice Chair Carollo: Then I'm sorry -- Ms. Mendez: -- a little bit of -- Vice Chair Carollo: -- but we're going to have to bring it back today so that she could have the right language put in it that you get to build, but no one else can come in and do anything else. So, she'll bring this after lunch. Commissioner Covo: So that I'm clear, Commissioner, it will just be to increase the density for the museum. Vice Chair Carollo: Exactly. Chair King: Just to make it the use for only museums. Commissioner Covo: Only museums. Vice Chair Carollo: Museum use only. Chair King: Only museums. Commissioner Covo: There's no increase in density. Chair King: No. Ms. Escarra: If I may, Chairwoman, I just wanted to also clam one of the points that the Commissioner raised. This is an amendment to allow a use, so the height is the same as currently allowed. There's no increase in footprint or square footage or height. Commissioner Covo: That was my question. Ms. Escarra: The volume of whatever building is there has to remain the same, so there's nothing of that. It is only the use that is being requested to be allowed the use, and we have no objection to the museum use being -- because that 's what the goal is. So, thank you very much. I just want to clarify, there 's no height increase or building City of Miami Page 86 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 volume or footprint or anything being changed. This is a use that would go through a warrant to be reviewed through site plan. Vice Chair Carollo: But Iris, as you well know, the devil is in the wording and details. So, I want to clam for the future -- Ms. Escarra: Understood. Vice Chair Carollo: -- so people don 't come and try to piggyback in something that was never meant for anybody else but for this right here. Ms. Escarra: Understood. We appreciate it and thank you very much. Chair King: Having that consideration that we need to do, I'm going to recess the meeting until 2 o'clock so that you could get the appropriate language. Sorry, guys, but we want to make sure that it's right for you. Vice Chair Carollo: Thank you. Ms. Mendez: Madam Chair, I also had a call from Commissioner Reyes that wanted to make sure that this museum provision would be nice to make sure that we solid so that -- so -- Chair King: So, that 's -- so we'll break for lunch and we'll be back at 2 o'clock. Thank you all. [Later...] Chair King: Welcome back to the City of Miami Commission meeting for October 26, 2023. Good to see all of you. Thank you for your patience. We are going to get started. Mr. City Clerk, do you need to read anything into the record? Great. Madam City Attorney, do you need to read anything into the record? I can 't hear you. Is your button green? It is? Everything is on, no? Oh, try now. Ms. Mendez: Hello? Chair King: Oh, okay. Sorry. Ms. Mendez: Thank you. I don 't believe I need to read anything into the record other than whatever was the last item that we were on that we can discuss. [Later... J Ms. Mendez: Madam Chair, do you want me to jump to PZ.19 now that I have the language? Chair King: Yes, please. Ms. Mendez: So, for PZ.19. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And the way that we're amending the section in order to address Commissioner Carollo and Commissioner Reyes' concerns is in subsection 5, the property must be a museum facility owned and operated by a governmental agency, including the City, and/or a non-profit corporation in existence for a minimum of 30 years. I may add only a museum facility because if not you'll have -- you can City of Miami Page 87 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 potentially have -- but for now a museum facility works. If we think we need to add "only, " I'll make sure we add it for second reading. Vice Chair Carollo: I would do that. Chair King: Just go ahead already -- Vice Chair Carollo: Yeah. Chair King: -- and put the only in there. Ms. Mendez: Okay. Then only. Then we're just going to add the word only as well, so the property must be only a museum facility owned and operated by a governmental agency, including the City, and/or a non-profit corporation in existence for a minimum of 30 years. Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Applause. Vice Chair Carollo: Mr. Clerk. Chair King: Thank you, you guys. Vice Chair Carollo: Mr. Clerk, can you show me as a sponsor also, please? Unidentified Speaker: Commissioner Carollo, thank you for your help (INAUDIBLE). Vice Chair Carollo: My pleasure. Unidentified Speaker: (INAUDIBLE). Vice Chair Carollo: Thank you. Unidentified Speaker: Thank you. Unidentified Speaker: (INAUDIBLE) 63 years. Thank you. City of Miami Page 88 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 PZ.20 ORDINANCE Second Reading 14631 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.5, TITLED "GENERAL TO ZONES/MEASUREMENT OF HEIGHT" AND ARTICLE 5, SECTION 5.3, TITLED "SPECIFIC TO ZONES/SUB-URBAN TRANSECT ZONES (T3)," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14228 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.12. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 89 Printed on 1/16/2024 City Commission Meeting Minutes October 26, 2023 NA.1 14969 Office of the City Clerk ADJOURNMENT NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Joe Corral ENACTMENT NUMBER: R-23-0487 NOMINATED BY: Commissioner Joe Carollo MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Chair King: At this time, we're going to take up the board appointments. Mr. City Clerk? Todd B. Hannon (City Clerk): Thank you, Chair. Planning, Zoning, and Appeals Board. Commissioner Carollo will be appointing Joseph Corral to one of his seats on the Planning, Zoning, and Appeals Board. Chair King: Do I need a --? I have a motion. Commissioner Covo: Move. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: Thank you, Chair. The meeting adjourned at 3: 28 p.m. City of Miami Page 90 Printed on 1/16/2024