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HomeMy WebLinkAboutCC 2023-12-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 14, 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 Miguel Angel Gabela, Commissioner, District One Damian Pardo, 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 December 14, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, and Commissioner Pardo Absent: Commissioner Reyes On the 14th day of December 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:09 a.m., recessed at 11:47 a.m., reconvened at 2:41 p.m., and adjourned at 2:42p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Good morning, everyone. Welcome to the City of Miami Commission meeting for December 14th, 2023. It is always a pleasure to be here serving the fine City of Miami. As I do always, I'm going to open the meeting with prayer. Please welcome Pastor Oren. He is going to lead us in prayer today. Invocation delivered. Chair King: Thank you. Thank you so much. Commissioner Gabela, would you lead us in the Pledge of Allegiance? Pledge of Allegiance delivered. City of Miami Page 1 Printed on 02/12/2024 City Commission Meeting Minutes December 14, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 15260 Honoree Presenter Protocol Item Miami Police Department Mayor and Commissioners Proclamation Parks and Recreation Mayor and Commissioners Proclamation Department Therapeutic Recreation and Inclusion Division Mayor and Commissioners Proclamation Rafael Rincones Mayor and Commissioners Certificate Pedro Mesa Mayor and Commissioners Proclamation Erick M. Hueck Mayor and Commissioners Certificate Anthony Clark Mayor and Commissioners Proclamation Miami Hip -Hop Day 50th Year Anniversary Mayor and Commissioners Proclamation Florida Sculptured Nail Salon Mayor and Commissioners Certificate RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation in recognition to City of Miami Police Sergeant Raquel Hendrix, Lieutenant Brandon Lanier, Officer Anna Lazcano, and Officer Darian Williams on behalf of their unwavering bravery, commitment, and invaluable contribution to a:fellow officer and the constituents of the City of Miami during a matter of life and death. On Monday, August 14, 2023, Detective Marvalyn Lee Chin was working in the Historic Overtown neighborhood area when she was seriously injured in a car accident while trying to uphold the law. Sergeant Raquel Hendrix and Officer Anna Lazcano observed the crashed vehicle of the assailant and advised the dispatcher. Sergeant Hendrix apprehended the offender, and Officer Dairon Williams arrived with other officers to assist her. Sergeant Hendrix quickly returned to Detective Chin and Officer Lazcano to console her. Mr. Marcus Powell, a witness to that incident took charge and cradled Detective Chin while applying pressure to her right arm to control the bleeding and reassuring her which saved her life until Officers arrived and took over until Fire and Rescue arrived. Lieutenant Brandon Lanier arrived to assist Officer Lazcano and applied pressure to Detective Chin's right arm to control the bleeding after the tourniquet was applied. He entered the JHM Trauma Unit vehicle with Detective Chin and released her to JMH Trauma surgeons to take over. The actions of Mr. Powell, a private citizen of Historic Overtown, and Sergeant Raquel Hendrix, Lieutenant Brandon Lanier, Officer Ana Lezcano, and Officer Dairon Williams, are an example of our mutually supportive Police/Community relationship and are very deserving of this recognition for their heroic actions during this crisis. Elected Officials paused in their deliberations to commend the City of Miami Police Department and its Officers for going beyond the call of duty to keep our communities safe while displaying unselfish love and devotion for one another. 2) Mayor Suarez and Commissioners presented a Proclamation to recognize and honor the City of Miami Parks and Recreation Department. On October 12, 2023, the City of Miami Parks and Recreation Department joined the ranks of elite park and City of Miami Page 2 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 recreation agencies across the country by earning accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA) and the National Recreation and Park Association (NRPA) for the second time. This distinguished accomplishment was awarded during the 2023 NRPA Annual Conference which took place in Dallas, Texas. The CAPRA accreditation is the only national accreditation for park and recreation agencies and is a measure of an agency's overall quality of operation, management, and service to the community. This mark of distinction indicates that an agency has met rigorous standards related to the management and administration of lands, facilities, resources, programs, safety, and services. As part of the accreditation process, the City of Miami Parks and Recreation Department had to demonstrate compliance with 154 recognized standards and document all policies and procedures. The Parks and Recreation Department is delighted to receive this prestigious distinction for a second time and is extremely proud to be one of 193 agencies nationwide. Elected Officials paused in their deliberations to commend The Miami Parks Team for all their continuous dedication to maintaining CAPRA standards and implementing best practices in ensuring the agency is committed to promoting health and wellness, equity, and conservation in our communities and to the residents and visitors they serve in the City of Miami. 3) Mayor Suarez and Commissioners presented Proclamation to the City of Miami Therapeutic Recreation and Inclusion Division. Programming for individuals with disabilities in the City of Miami began with the belief in providing meaningful programs that improve quality of life and bring significant leisure opportunities for all, while constantly finding new ways to help with the challenges of the day and provide solutions to continue to make a difference. The goal, for all programming, for persons with disabilities is to bring a smile to those who are served while treating them with respect; and, through time the look and feel of how best to serve individuals with disabilities has changed and continued to evolve. Programming for the Handicapped, as it was named then, in the City of Miami started in the Parks and Recreation Department in 1973. These programs were offered at several parks within the City such as Flagami, Kinloch, and Simpson as well as the Naval Reserve. These various programs were offered during a time when programs and services for individuals with disabilities were transitioning into a community setting for leisure and training opportunities; and developmental disabilities affect approximately one out of every six children in the United States. Funding was limited until 1975 when grant. funding made these programs possible and has grown to the implementation of the ADA (The Americans with Disabilities Act) regulations overseeing city projects to ensure accessibility for people with disabilities. Elected Officials paused in their deliberations to commend the City of Miami Therapeutic Recreation and Inclusion Division. 4) Mayor Suarez and Commissioners presented a Certificate of Appreciation to commend Mr. Rafael Rincones for his unwavering commitment and invaluable contributions to the constituents of the City of Miami. Mr. Rincones participated in the Miami Parks' Hand Cycle Program and won first place in the Miami Man Triathlon. Elected Officials commended and expressed deepest gratitude for his tireless efforts and honor and appreciate the profound impact he displayed while working for the Parks and Recreation Department. Because of Mr. Rincones' dedication and resilience, it is fitting that the Elected Leadership of the City of Miami paused in their deliberations of governance to appreciate the service given to the City of Miami. 5) Mayor Suarez and Commissioners presented a Proclamation to Mr. Pedro Mesa. Mr. Mesa serves as a store supervisor, community relations coordinator, and marketing director for Sedano's Supermarket. Mr. Mesa has been part of the City of Miami Page 3 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Sedano's family since 1983. Mr. Mesa has more than 40 years of experience in the food retail industry. He is the director of CAMACOL and serves as the international director of Match Making and the Chairperson of the CAMACOL Christmas Jabas. Serving the customers and the community is the most important thing for Mr. Mesa. Along with Sedano's, Mr. Mesa actively participates and collaborates in Autism Speaks, UM Sylvester, League against Cancer, CAMACOL, and Christmas events, among others. The community is like a family between the consumer and the person who serves him or her. Mr. Mesa's motto is, "What they expect from us is what we give them." Mr. Pedro Mesa received the "Merchant of the Year" award in 1993 presented by The Association of Merchants of the United States. In his free time, Pedro likes to read and watch sports. He is married to Zaida Mesa and has a son, Michael Mesa. Elected Officials paused in their deliberations to commend Mr. Mesa and his services to the community in the City of Miami. 6) Mayor Suarez and Commissioners presented a Proclamation to Dr. Erick M. Hueck, Dr. Hueck was inducted into the National Teachers of Hall of Fame after teaching for 34 years at Miami Senior High School. Dr. Hueck has played a vital role in serving the students of the City of Miami with his passion for them excelling in science education and advanced academics. He has catalyzed his strengths to build momentum to change lives and be recognized at the national level. Dr. Hueck has received other awards for his excellence in education from Yale University, the National Education Association, and the Florida Association for Science Teachers where he most recently served honorably as State President. Elected Officials paused in their deliberations to commend Dr. Hueck who is a teacher at the front lines of education making a difference in our communities and in the City of Miami. 7) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Solid Waste Department employee Mr. Anthony Clark. Mr. Clark demonstrated determination and effort during his years of service with the City of Miami. In 1981, Mr. Clark began his. journey as a temporary waste laborer working with a team on a rear -end loader garbage truck. Mr. Clark was grateful. for the opportunity to serve his native city and remain a solid asset by taking the bull by its horns while remaining dependable, and respectful to his peers. Embarking on his permanent title in 1983, Mr. Clark now brings more than four decades of experience as a skilled waste collector in the operation of heavy automotive equipment. His desire and enthusiastic nature to serve the City of Miami grew exponentially the longer he spent time with the Solid Waste Department. He enjoys the daily routine of being a leader and now has a crew of his own to make sure the streets and litter containers of this city are clean. `It's all about getting the job done because when it's done well the Department looks great as a unit; it's all about teamwork. " Elected Officials paused in their deliberations to recognized and honor Mr. Clark on behalf of the City of Miami and the Solid Waste Division, and thanked him for 40 years of service demonstrating great passion, hard work, and dedication which is truly admirable. 8) Mayor Suarez and Commissioners presented a Proclamation to celebrate the Miami Hip -Hop Day. Miami is home to some of the greatest hip -hop artists to ever grace a stage since the inception of hip -hop and on the 50th anniversary of the genre, the City of Miami recognized a few of its own. Through the works of these Miami artists, the world was introduced to the Southern style of hip -hop, including the slang, style, and personas that are often duplicated, but originated in the 3-0-5. Platinum -selling artists Luther Campbell (aka Uncle Luke); Maurice Young (aka Trick Daddy), Katrina Taylor (aka Trina), Williams Roberts II (aka Rick Ross), and Armando Perez (aka Pitbull), and Plies have each made their unique marks on the hip -hop industry. Their unapologetic lyrics and "make you move" beats continue to show that Miami produces greatness. Miami is known for its diverse population and these artists have transcended racial, cultural, and socio-economic barriers, and have each created fans from all walks of life. The City of Miami also recognizes that City of Miami Page 4 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 producers play an integral role in the success of an artist. Therefore, we acknowledge Ted Lucas of Slip-N-Slide Records for his pioneering ingenuity in the world of hip -hop. The label is responsible for producing Trina, Trick -Daddy, Rick Ross, Pitbull, Plies and so many more successful artists and the sale of millions of records worldwide. Elected Officials paused in their deliberations to recognize these music professionals who have been extremely instrumental in contributing to Hip - Hop 's overall impact, growth, and longevity. Elected Officials recognized and forever memorialized the unparalleled contributions made by these musical giants through the genre of Hip Hop and proclaimed, December 14, 2023, as `Miami Hip - Hop Day" in the City of Miami. 9) Mayor Suarez and Commissioners presented a Certificate of Appreciation to Ms. Martina Portes Colon, owner of Florida Sculpture Nail Salon. The Florida Sculpture Nail Salon has been in business for 40 years. Since 1983 they have been pampering Miami 's style -conscious and culturally diverse residents. A host of customers have relied on exemplary individualized services. Florida Sculptures Nail is a small, intimate full -service salon providing the best in sculptured nails and so much more. Elected Officials paused in their deliberations of governance to recognize and honor Florida Sculpture Nail Salon and Founder Ms. Marina Portes Colon for her determination and effort in providing the best service to the residents of the City of Miami. Chair King: We are going to present some proclamations for some worthy people. Presentations made. Chair King: And I believe this will conclude the recognition portion of our meeting. Once we get our chairs back, we're going to start. [Later... Chair King: And at this time, if I may ask your indulgence, we neglected to recognize someone and they 've been waiting since we started the meeting, and I'd like to do it really fast right now. Presentation made. City of Miami Page 5 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 ORDER OF THE DAY Chair King: At this time, I will have the City Attorney read her statement into the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the 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 related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at 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 2-33 09 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's office and online 24 hours a day at www.miamigov.com. Any person may be heard by the Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9:00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so in writing via comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment during the meeting on 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 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 rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must 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 notdy the City Clerk. The City has provided different public comment methods to indicate, among other things, the public 's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.01144(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 in 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.miamigov.com. PZ (Planning and Zoning) items shall proceed City of Miami Page 6 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 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 applicant's 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 by affirmation by the City Clerk. The members of the City shall disclose any communications to remove the presumption of prejudice pursuant to Florida Statute Section 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 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. The meeting will be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel and Comcast Channel 77. The broadcast will also have closed captioning. Virtual attendance by a Commissioner. Pursuant to Advisory Legal Opinion, AGO- 2003, issued March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of the local body who is physically unable to attend a meeting because of medical treatment or due to medical reasons can participate and vote in meetings where a quorum of other members are physically present. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony 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 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 have finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. 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: Thank you, 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 will be speaking on any of today's Planning and Zoning items, the PZ items, if I can please have you stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, are there any items that you have that will be withdrawn or deferred for this agenda? City of Miami Page 7 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/withdraw the following items: PH.5, to be deferred to February 8th; PH.6, to be deferred to January 11 th; RE.4, to be deferred to January 11 th; SR.1, to be deferred to January 11 th; FR.2, to be deferred to February 22nd; FR.3, to be withdrawn; DI. 1, to be withdrawn. Moving on to the PZ agenda, PZ.1, to be deferred to January 11 th; PZ.2, to be indefinitely deferred; PZ.3, to be indefinitely deferred; PZ.4, to be indefinitely deferred. That concludes the items. Chair King: Vice Chair, are there any items that you wish to have pulled, withdrawn, deferred? Vice Chair Carollo: Not at this moment. What I would like is any items that might take up a lot of our time to leave them for the end of the meeting so we can get through with a lot of the stuff that we have. Chair King: Okay. Commissioner Gabela, are there any items that you would like to withdraw or defer from this agenda? Commissioner Gabela: No, not at the moment. Chair King: Commissioner Pardo? Commissioner Pardo: Not at the moment. Chair King: Okay, I have some items. Mr. City Manager, I would like to defer CA.14 and 15 for the first meeting in January, as one of our colleagues is not present because he's sick, and I believe that these items should be heard with all present. So, I'd like to defer that. And I would like to also defer RE.11 for the same reason, out of courtesy for my colleague who is unable to be present today. Mr. Hannon: And Chair, RE.11, that will be to January 11, 2024? Chair King: Correct. And I would also like to defer FR.2. No, no, no. Wait a minute, not that. DI.4. Mr. Hannon: And DI4 will also be deferred to January 11 th? Chair King: January. Mr. Hannon: January 11, 2024. Yes, ma'am. Commissioner Gabela: I'm sorry, FR.2? Chair King: FR (First Reading) -- hold on a second. No, no, that was a mistake. Commissioner Gabela: Oh, that was a mistake. Chair King: That was a mistake. That was a mistake. And that would conclude. Should I read that again? Yes, no one was taking notes. Can you say it? Go ahead. Mr. Hannon: My -- one moment, Chair. There 's also been a request for Item PH.1 -- for Item PH.1 and RE.6 to be deferred to the January 11, 2024 City Commission meeting. So, I will add that to the list when I read it. Vice Chair Carollo: Okay, what -- City of Miami Page 8 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: PH.1. Vice Chair Carollo: -- what items are those again, please? Mr. Hannon: PH.1 -- Chair King: And RE -- Mr. Hannon: -- and RE.6. Chair King: -- 6, okay. Commissioner Pardo: Madam Chair. Chair King: Yes. Commissioner Pardo: Sorry for the interruption. I just wanted to add PZ.26. Chair King: PZ -- Commissioner Pardo: If we could defer that to January 11 th. Chair King: Okay, PZ.26. Commissioner Pardo: I apologize. Vice Chair Carollo: Okay, anything else? Anything else? Okay. Chair King: Okay. Vice Chair Carollo: Mr. Gabela, anything else? Chair King: That's it? Do you need me to say them all again? You say them. Go ahead. Mr. Hannon: So and Mr. Manager, if I miss anything, please (UNINTELLIGIBLE). Chair King: Oh, wait, I forgot one. PZ.8, withdraw. I'd like to withdraw PZ.8. Vice Chair Carollo: If we're doing the PZs and deferral, we might as well defer then PZ.24 also. Chair King: PZ.24 as well. Vice Chair Carollo: Yes. Mr. Hannon: And then PZ.24 will also be deferred to January 11, 2024. Vice Chair Carollo: Yes. Mr. Hannon: Understood. Chair King: So, do you want me to run it back? Vice Chair Carollo: Yes, ifyou could. City of Miami Page 9 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: You're going to do it? Go ahead. Start from the back and move your way forward. Or is that confusing? Okay, start from the front. Mr. Hannon: I'm kind of a one -trick pony. I apologize. Chair King: I understand. Okay, here we go. Go ahead. Mr. Hannon: To defer to February 8, 2024, PH.5. And again, to defer to February 8, 2024, PH 5. To defer to January 11, 2024, PH 6. To defer to January 11 th, RE.4. To defer to January 11 th, SR.1. Chair King: Wait a minute. You missed one. Mr. Hannon: Oh, no, no. Chair King: RE -- RE.6. Mr. Hannon: We're going to get there. I just don't have it in order. Chair King: Oh, okay, okay. Mr. Hannon: I was kind of tracking everything as it was just being put out there. So, just bear with me, like I said, a one -trick pony. Just got to -- got to work with me. Chair King: Go ahead. Mr. Hannon: So, again, so to defer to January 11 will be SR.1; to defer to February 22nd, FR.2. FR.3 is going to be withdrawn. DI.1 is going to be withdrawn; to defer to January 11 th, PZ.1. PZ.2, 3, and 4 are all going to be indefinitely deferred. To defer to January 11 th, CA.14; to defer to January 11 th, CA.15; to defer to January 11 th, RE.11; to defer to January 11 th, DI4. Commissioner Gabela: Sorry -- I'm sorry. You lost -- I apologize. You lost me there. Can you start with -- on the C? Mr. Hannon: Yes, sir. So, I'm just going to start with the CAs (Consent Agenda). Commissioner Gabela: Alright. Mr. Hannon: So, to defer to January 11 th, it'll be CA.14; to defer to January 11 th, CA.15; to defer to January 11 th, RE.11; to defer to January 11 th, DI4; to defer to January 11 th, PH 1; to defer to January 11 th, RE.6; to withdraw, PZ.8. PZ.8 is going to be withdrawn. To defer to January 11 th, PZ.24; and to defer to January 11 th, PZ.26. Chair King: Do I have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Pardo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 10 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Commissioner Gabela: I just -- Chair King: Motion -- Commissioner Gabela: -- want to say one thing. While I wanted to hear the termination of the City Attorney, respectfully, I am going to follow you guys along because out of respect for you, Madam Chair, and the -- Manolo Reyes is in the hospital, and out of respect for you guys, I'm going to do that today. Chair King: Thank you. Mr. Hannon: Chair, I just need to read a quick statement into the record. Pursuant to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising and posting of properties as applicable. Thank you. Chair King: I understand, Mr. Manager, there are two pocket items. Mr. Noriega: There are. Chair King: Could we please have the pocket items read into the record? Ms. Mendez: Yes, Madam Chair. One pocket item is yours. The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: And the Mayor has a pocket item. The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: Those are the two pockets. Madam Chair, with regard to your pocket, we also wanted to make sure that the eleemosynary services comply with Miami - Dade County buildings and that the guidelines will also allow payments directly to applicants selected with a licensed contractor or the architect or engineer that completes the recertification report. Chair King: Thank you. Ms. Mendez: Thank you. Chair King: At this time, I'm going to open the floor for public comments. If you wish to speak on any item before us today, please come forward. Ms. Mendez: Madam Chair, one more thing. I labeled the recertification program as the 40-50 year recertification program. It's just a recertification program. Thank you. Chair King: Thank you. Mr. Hannon: And Chair, my apologies. So, your pocket item will be P1.1, and the Mayor's will be PI.2, just for the record. Chair King: Correct. City of Miami Page 11 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PUBLIC COMMENTS FOR ALL ITEM(S) 15259 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR DECEMBER 14, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Good morning. Grant Stern: Good morning. My name is Grant Stern. I reside at 425 Northeast 22nd Street. I think I speak for a lot of people that are out in the hallway right now when I say that I'm disappointed that there's not going to be a full public comment on Item RE.11, but I also want to just give some general comments since we're all here and we're all going to be coming back on January 11 th. It 's very nice to see that the City of Miami and its new Commissioners for the first time are taking into account the needs of residents who are facing rising rents, including tenants who bear a disproportionate amount of sales of the property taxes because there is no homestead for people who rent their homes, and Miami is a city of predominantly renters. It 's a wonderful change of pace from having Commissioners who are planting poison trees in our parks when they're not cutting down beloved trees. So, I want to thank our new commissioners for standing up for the residents of our city, for calling RE.11 in the first place, and I hope that this item will come back on January Ilth without deferment. And I'd like to wish Commissioner Reyes better health so that he's back on this dais, and frankly, I would wish that the gentleman planting the poison trees in our parks would depart. Have a nice day. Chair King: Good morning. Anthony Parrish: Good morning, Commissioners. My name's Andy Parrish. I live at 2940 Main Highway in the Grove. And I'm here to talk about Item PZ.23. Commissioners, you are being asked to approve an end run around the Miami 21 Zoning Code. It's called Enhanced T5. T5 is a transect zone that allows five -story mixed -use commercial buildings, and you are being asked to allow T5 developers to build eight -story structures as of right, in two opportunity zones next to transit stations. That means instead of five stories, with a max height now of 74 feet, developers will be able to build eight stories up to 124 feet maximum height, so long as the building is at least one lot, 50 feet away from a single-family home or duplex. And so long as the developer provides 10 -- at least 10 percent affordable units in the condo mix. Now, 124 feet is at least three times the height of this ceiling, at least. So, this is not what Miami 21 was ever allowed -- intended to allow. Miami 21 requires successional zoning, successional zoning, meaning T5 five -story buildings must have T4 three-story buildings next to them to buffer T3 two-story buildings and duplexes. Developers know that if they want to up zone to T6 from T5, they'll face tremendous neighborhood opposition. Imagine, just imagine looking out your window of your single-family home or duplex at a 124 foot tall building, three times this height, as little as 50 feet away. That 's what this legislation would allow. Please do not do this. It's creating a new transect zone completely out of thin air. It 's against everything Miami 21 was carefully designed to allow and disallow, and it 's an end run and you can stop it today. Thank you very much. Chair King: Thank you. Good morning. City of Miami Page 12 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Lauren Jonaitis: Good morning, Commissioners. My name is Lauren Jonaitis. I'm the senior conservation director with Tropical Audubon Society, address 915 Northwest 1st Avenue. I'm typically at County Commission meetings but wanted to take this opportunity to introduce myself and congratulate the new commissioners today. I'm really excited to see the discussion item on improving parks. So, really why I'm here today is I want to discuss the spoil islands off of mangrove -- I'm sorry, Morningside Park. So, as we know, the spoil islands off of Morningside Park are City -owned, and those are considered parks, and they desperately need improvements. So, I specifically want to talk about Mangrove Island. So, we know that FWC (Florida Fish and Wildlife Conservation Commission) confirmed that this island is a nesting rookery. And I know you heard about this topic before, but I want the new commissioners and the old to understand the severity of this issue. So, right now there's a slow speed zone around those spoil islands. It 's not being well enforced. We have jet skis, crazy wild, wild west out there. We 've observed birds being actually hit and run down for sport. So, it's really unfortunate that, you know, we're not -- we don't have that enforcement and we need to increase enforcement in the area. I do recognize a resolution was passed to reduce human disturbances on Mangrove Island, but it's just not enough. That's -- I don't know how we're going to enforce that if we don't have increased enforcement. I do believe the best way to protect this rookery, this resource, is through a non -motorized vessel zone. So, that's -- you know, it's a small buffer area. It's not limiting access from vessels. It 's just creating more protections around that island for those birds. We do have to recognize that our ecology is our economy. When we have a healthy ecosystem, healthy bay, we -- you know, it's a return on investment for us. Tropical Audubon recently led the fight against Miami Wilds and we were successful on that on Tuesday. And also, recently, in the City of Miami Beach, passed an ordinance to not allow balloons, I'm sorry, in the area. So, I want to keep this momentum going for the environment, and hopefully, you take this seriously. Chair King: Thank you. Ms. Jonaitis: Thank you very much. Chair King: Thank you. Good morning. Sandy Moise: Good morning, Chairwoman King. Congratulations to our new commissioners. I also want to thank Commissioner Pardo for bringing forth this item to improve our parks and just reiterate that the spoil islands are part of the Miami Parks Department and need -- in need of much improvement. I was extremely excited. I appreciate the unanimous approval for the resolution at the last meeting to -- to help protect the rookery. However, I was a little bit shocked when I went online at about 11:30 that evening on the FIND (Florida Inland Navigation District) website and discovered that the change to the resolution that was announced by our City Attorney at the last Commission meeting was not the exact change that occurred. The change -- the item -- the original item that was posted indicated the resolution was for a boating restriction 500 feet around the rookery, which is recommended on the FWC website. We applauded, we were excited, we celebrated. And at about 11:30 when I was doing some research for the FIND meeting the next day, their agenda item included not only the original item that was posted, but it also included the change that included the boating restriction was removed and it was replaced with protect the rookery from human harm. So, I do appreciate, you know, the additional protection that was added and I do want to -- I think it's obvious that these motorized vessels are driven by humans, so I think that providing following the -- Ms. Mendez: It covers it. It's human activity. City of Miami Page 13 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Ms. Moise: So, boating restriction then could be still included by the --? Ms. Mendez: Yes. Ms. Moise: Absolutely fabulous to hear that because it is recommended by the FWC to have that restriction. Moving forward, you also unanimously passed a resolution of a leave no -- implementing a "Leave No Trace" policy on the spoil islands. I just want to share with you, I did a little research on that as well. Indian River Lagoon already has that policy in place. They have a Friends of Spoiled Islands. They have non-profit organizations that help manage. They have that implemented. They've offered to conduct a Zoom if City staff would like to be there and Leave No Trace is willing to come as well. Thank you so much for giving me a -- Chair King: Thank you. Ms. Moise: -- couple seconds. Chair King: Thank you -- Ms. Moise: Thank you. Have a wonderful day, everyone. Chair King: -- for being here. You, too. Mr. Hannon: Chair, my apologies. Can I have the speaker's name? Ma'am? Ma'am? If I could just have your name for the record. Ms. Moise: Sandy Moise. Mr. Hannon: No, no, on the record. Ms. Moise: Oh, sorry. Sandy Moise, 5910 Northeast 6th Court, Miami, Florida. Thank you. Chair King: Thank you. Good morning. Albert Gomez: Good morning. Albert Gomez, 3566 Vista Court, Miami, Florida, District 2. Hello, Chair, Commissioners. Welcome, new commissioners. Breath of fresh air. We started early today. That's amazing. I wanted to point out some things. It's a reiteration of what Sandy just brought up is -- through the Chair, I would appreciate when replacements or changes or edits are made on posted ordinance that the entire ordinance, the new changes, are read out. I believe that's the rules. It needs to be read out, like her name needed to be read out for the public to hear it. That was not done. And that's where that kind of ruffled a lot offeathers because we were told one thing and another thing came out. So, in future, maybe that's something that we could do. Secondly, I know how it works, and human disturbance is too vague. If you don 't put a no motorized vessel zone, this will not change because the officers cannot enforce. If they just ripping through -- they've said it to us -- it's too difficult to enforce speeding unless they have a witness, unless they are witness themselves and they have it marked on a radar gun, they cannot win it in court. So, if they are running with motorized vessels in a zone that is non -motorized, you obviously can cite immediately. That is a problem. And then finally, I would say that there is a real big opportunity to do good on the no -trace policy. The County is hosting something in late February. I would ask that the Commissioners point to City staff to be participant. They -- the County has asked the City to participate in a No Trace -- Leave No Trace webinar that the No Trace folks are hosting for Miami -Dade County. So, proactive and following the rules. That's all I'd ask. City of Miami Page 14 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: Thank you. Good morning. Zac Cosner: Good morning. My name is Zac Cosner. I reside at 7180 Southwest 114th Terrace. And I'm here speaking on behalf of Friends of Biscayne Bay. We need to address the issue of protecting our spoil islands off of Morningside Park. Mangrove Island specifically has been found to be a rookery site for the brown pelican. And we're even seeing evidence of mating behaviors of the frigatebird in this area, which is unheard of this far north. And I don't really need to explain to you all the significance and the importance of protecting these rookeries. I mean, the frigatebirds alone represent a biological link to the Caribbean and South America to complement our cultural link to that -- those regions. And you know, here in Miami, our economy is -- our ecology is our economy, right? We just had the Biscayne Bay study reveal a $64 billion value to Biscayne Bay, much of that being in the form of these rookeries, the wildlife habitat that provides immense value to the citizens of Miami as well as tourists, recreationally as well as economically. The incredible values of the ecosystems, again, cannot be overstated, and you have essentially co- signed that with your resolution which you passed last time. However, as others have said, it could be a lot more specific. We need more enforcement in this area. The manatee zone that currently exists is not enforced, essentially. It 's not -- it might as well not exist. And a non -motorized exclusion or motorized exclusion zone is a lot easier to enforce. We need at least 500 or at least 330 feet in order to protect these birds, protect this habitat, and actually have a plan that can be enforced. Thank you. Chair King: Thank you. Good morning, Elvis. Elvis Cruz: Good morning, Commissioners. I have a slideshow about RE.14 and DI1. There's wonderful language in RE.14. Commissioner King, thank you for sponsoring this. A new public botanical garden. The resolution speaks of the value of preserving green spaces, cultivate both native Florida and exotic plants with an emphasis on education and lectures, workshops, and educational programs. This is all wonderful. Here's from the master plan. Miami needs more plant biodiversity to educate the children about nature. And even the City's own Parks website, it is a top priority to strengthen educational outreach efforts and partnership with private and nonprofit organizations. Yes, on RE.14, but you should also know that another public botanical garden is in great danger. The Morningside Park Palmetum has over 200 palms from around the world. It has been there since the park was built in 1953, but now the City wants to get rid of it. They want to run a road through it and put in a playing field, even though there are already seven open grassy areas to play in Morningside Park. It is maintained by volunteers at zero cost to the City. Planting and maintenance permission was given in 1993 and again in 2015 by the Parks Department, but now we are prohibited from planting new palms. There have been a total of 48 free educational tours given to the public, a total of 734 persons have attended. Miami Northwestern High School, Morningside K-8 Academy, Cushman School, the Boy Scouts. We 've had memorial palm plantings for City officials that have passed. We're supported by Fairchild Tropical Garden, Montgomery Botanical, and local, private, and public schools. There's an educational sign on each palm and this has all been at zero cost to the City. Free palms, irrigation, maintenance, labor, fertilizer, educational signs, and educational tours. If anybody wants an educational tour, MorningsideTours@gmail.com. Chair King: Thank you. Mr. Cruz: Thank you, Commissioner. There's a little more if anybody wants to ask me a question. Chair King: Thank you. Good morning. City of Miami Page 15 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Ryan Bailine: Good morning, Madam Commissioner. My name is Ryan -- fellow Commissioners. My name is Ryan Bailine, offices at 333 Southeast 2nd Avenue. We -- I am the applicant on behalf of the owners for PZ.8, and we just wanted to put it on the record that we -- we object to the City's withdrawal of that item procedurally as well as under the requirements of Miami 21. We would request that the Commission reopen the vote to potentially defer that item until February of 2024. Thank you. Chair King: Thank you. Commissioner Gabela: Sorry, which item was that, sir? Chair King: PZ.8. Commissioner Gabela: PZ.8. Mr. Bailine: PZ.8, Commissioner. Thank you. Chair King: Good morning. Terrell Fritz: Good morning, Madam Chair, Vice Chair, and Commissioners. Terrel Fritz, 111 East Flagler Street, and executive director of the Flagler Business Improvement District. First, I'd like to congratulate and thank the new commissioners for their service. Commissioner Gabela, Commissioner Pardo, I look forward to working with you. I'm here to speak on PZ.9, setback standards for Flagler Street and the Historic Downtown Miami District. I forwarded you a resolution earlier this week, so I'm not going to read that, but I wanted to start by thanking, in his absence, Commissioner Reyes, who has sponsored and championed a series of initiatives that have improved the environment for business, both in the City of Miami, and specifically, in the Historic Downtown Flagler District. The Flagler setback standard will create a more pedestrian friendly environment. It will bring buildings closer to the street, enhance the sense of enclosure in the historic district, and encourage a more visually interesting variety in buildings. I'd also like to thank the -- thank David Snow specifically and the Planning staff because we had questions at first because we want an environment that preserves our historic buildings and has fabulous new architecture that complements that. So, we were concerned that there may not be enough flexibility. We were assured by David and Planning staff that there are provisions in other parts of Miami 21 that will allow us to do that. So, we ask for your support for PZ.9. Thank you. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I just want to kind of like -- RE. 10, I think the boundaries and the map are not going to stay the way that the map were according with the last election. It was questioned. And the reason is -- I'm asking about it is because it 's been derent for all districts. There are some streets that they were cut off other ones don 't add it, and sometimes for us, a regular citizen is always doesn 't make sense why we cut some areas that belong to us and now they're not in their same district. So, our seniors now are from a different district, now we have to kind of running around, not even sometimes knowing what district that they are in. And the reason I'm saying that is because I have a couple of seniors that, thank God, now they are in Manolo -- Commissioner Manolo Reyes' District, so now he's helping me to support them with the rent for some stuff. So, it's kind of like, can you guys be more clear in exactly where we're going to be standing so those who actually work in the community actually know who we have to call to find out how can we help them? Because sometimes those changes are very drastic and for some seniors are not that simple as for a regular person. About the suit against the Commissioner Gabela, my question is, if we as a people elect a City of Miami Page 16 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 commissioner, how the City is going to go and sue the same person who 's already in the dais? It doesn 't make sense. Can you guys kind of give us a little bit of guidance on that? Because how are you going to go as a City go against a citizen? Because want to be a public servant. It's things that I don't understand at all. And about the parks, please, I understand the botanical garden. I love plants. I have over 300 orchids in my house. I love it. To me, plants are very important. And our environmental director, Quatisha, is amazing because she take care of all the trees. So, please, do the one for our park, Commissioner. Please -- Chair King: Thank you. Ms. Betancourt: -- start working in -- Chair King: Thank you. Ms. Betancourt: -- our park. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Morning. Luimar Zibetti Garza, homeless. First of all, if I could ask all of you for this coming year to please use your microphone so that we can hear you. And I hate to be the thorn in the bouquet of roses, but never, ever rush the Pledge ofAllegiance, never. Commissioner Gabela: Sorry about that. Ms. Zibetti Garza: To you, Mr. Damian Pardo, the first openly gay City Commissioner, I am your openly lesbian sister. Let's talk. And for dirty laundry, I do not wish to air it, Mr. Joe Carollo, but the Bayfront Park is under a trust and is under VIP Security that do not have a valid number in the City of Doral. I had a very unpleasant encounter with the VIP, like Gestapo encounter. And I would like to speak to you personally as I have spoken to Martha, that we cannot have these people going up and down Bayfront Park and demanding that we are not allowed to be there. Let 's talk about it, please. Continuing, I've got here under BC.17, the resolution to establish the members of the Lesbian, Gay, Bisexual. Mayor Frances Suarez, I would like to put my name in for chairwoman or chair member, preferably. Maybe none of you noticed, but under CA.15 and the RE.11, it seems to contradict itself. They're either firing or retaining Victoria Mendez as the attorney. There seems to be a conflict there. This whole entire agenda is riddled with money laundry, okay? Continuing, all of it seems to indicate reapportionating [sic], reallocating, and re putting in different positions monies that could go to the homeless. And I see many homeless things here, and I've been here homeless for three years, and I'd like to have a little bit more interaction with some of the commissioners and the things that they have caused to happen. And there should be a deep freemason cleansing of the City of Miami Police soon, please. Chair King: Thank you. Ms. Zibetti Garza: And lastly, hip -hop, the damage you have done, shame on you. Chair King: Thank you. Good morning. Silvio Frank Pupo-Casco: Good morning. Thanks for starting on time today. Really excited about that. Appreciate it. Ladies and gentlemen, esteemed Commissioners, Chairwoman, Gabela, Commissioner Pardo, welcome. Commissioner Gabela: Thank you. City of Miami Page 17 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Pupo-Casco: And Manager Art, I'm really excited about the public updates that you're giving. Please keep that rolling. It 's great to see some more transparency. So, anyways, as a serial entrepreneur and investment banker, I come before you not to ruffle feathers, but to talk about something that even our feathered friends in Biscayne Bay might tweet about, if they could, that is. We're not just discussing the future of our city, we're brainstorming a blockbuster tweet-quel to their survival story. The Biscayne Bay Economic Report valiantly states that the bay is worth over $60 billion to our local economy. Now, I'm no bird brain, but I know that it's not just chicken feed. It's a golden egg opportunity for us. Protecting the Bay is only -- is not about just safeguarding the environment, but also about nurturing the significant environmental asset. Our proposal for a drone -based surveillance system is not just a flight offancy, it 's a practical, cost-effective solution to a pressing problem. Let's face it, it's about time we upgraded our approach anyway. The City of Miami is known for cutting -edge innovation, not just our ability to throw great beach parties and boat parties, which we are pretty good at doing. I'm partnering with the local police as part of the Citizens Police Academy. I think we can pilot this project together with Parks and together with the Police Department. It 's a smarter investment than buying a new vessel or sending out cleanup crews every day, which could be a logistical nightmare. I think this is an investment for our future, ensuring that the main waves being made in Biscayne Bay are by wildlife swimming, not tweeting, about their improved living conditions. So, let 's make a splash, not just in the water, but in how we protect our natural and economic resources. After all, ifwe do this right, we might just get a standing ovation from the birds themselves. Tweets, chirps, and all. Thank you, and let's make Biscayne Bay a place where the only traffic jams are schools of fish and tweets are from happy birds. Now, I'm a resident of 1291 Northwest 37th Street in Allapattah. Thanks for having me. Chair King: Thank you. Mr. Pupo-Casco: Again, my name is Silvio Frank Pupo. I'd love to follow up with you, Christine King. I know that, Chairwoman, you have proposed sponsoring this bill. I've tried to reach your office. I have not been able to do so successfully. Chair King: Constituent Tuesday. Mr. Pupo-Casco: Yeah, well, we can chat, yes. We can chat about this. I think from the last Commission meeting, you said you were interested. I had already left -- Chair King: Yes, yes, yes. Mr. Pupo-Casco: -- for the South Florida Climate Compact. Chair King: I love the drone idea, actually. Mr. Pupo-Casco: Yeah, awesome. Chair King: Thank you. Mr. Pupo-Casco: Thank you very much. Chair King: Good morning. Billy Corben: Good morning. Billy Corben, 403-003, 33140. I'm disappointed that RE.11 will not be heard today. Thank you, Commissioner Gabela for introducing it because this is an emergency situation in the City. The longer this city attorney serves, the more damage she does to this city. One of the most important conclusions City of Miami Page 18 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 drawn from the 63 and a half million dollar verdict in the corruption trial last summer was that one commissioner did not act alone. What he did was, the jury found after a month of testimony from three dozen witnesses and thousands, if not millions, of pages of evidence, is that what he did was weaponize the city government to violate the constitutional rights of business owners in this city, which meant that it implicated the City Manager, Art Noriega, it implicated the Code Enforcement Director, it implicated people all over the City, including, most importantly, the City Attorney who has enabled it, as the Tom Hagen, the consigliere, the mob lawyer of the City, who has a blank check, it seems, to spend tens of millions of dollars defending this corruption. Look no further than the last 24 hours of WLRN. She should have been suspended pending an independent investigation back in spring when this story first broke. And yet, nobody has done anything about it. Nobody has talked about who else is complicit in this conspiracy. No one else that the jury found to be a conspiracy. No one else is talking about -- I mean, Mr. Manager, where is Code Compliance Supervisor Ricardo Frankie today? Where is Code Compliance Coordinator Lazaro Orta? Where is the Director, Robert Santos-Alborna? Why aren't they here answering for this alleged criminality? And what I will say is that sound that you heard, sir, is not my time running out. It is your time running out. It is the time of this administration running out because the criminal complicity, the criminal incompetence with which this city has run will come to an end and Alex Diaz de la Portilla will not be the last person to leave this building in handcuffs. Chair King: Thank you. Vice Chair Carollo: It's one thing when -- Chair King: Commissioner. Vice Chair Carollo: -- people come and express an opinion on a subject. It's another thing when they come here to defame because they are paid to come here to defame. Chair King: They can 't hear. Commissioner -- Vice Chair Carollo: They are paid. It is a proven fact already that his client admitted it in deposition, what Mr. Luke Campbell admitted to, to me, to the Mayor, that he brought those same people, that $63 million verdict, to Luke Campbell so that they could offer him $5,000 if -- when he used to write at Miami New Times -- he would write in his column that I was a racist and call me a racist. And they would give him - Chair King: Commissioner. Vice Chair Carollo: -- $5,000 to the Little League team that Luke ran if he would do that. And when Mr. Campbell declined to do that, he obviously never got the $5,000 for the little kids in the program. This man 's been paid to do all kinds of research on me by these guys, to go out and put LED (Light Emitting Diode) billboards and all kinds of stuff. He is the voice and the spokesperson for corruption in this city that don't even live here. (COMMENTS MADE OFF THE RECORD) Chair King: Commissioner, thank you. At this time, seeing no one else for public comment, I'm closing the public comment period. Commissioner Gabela: Would -- can I speak? Chair King: Yes. City of Miami Page 19 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Commissioner Gabela: So, regarding this RE.11, I put that on the agenda. Let me make it clear, okay. I want to terminate the City Attorney. I think the time has come to do that. And I said earlier that out of respect for you, Madam Chairwoman, and Manolo Reyes, that is not here today, I think this matter, when it is taken up, the five Commissioners should be here. But let it be clear, let it be clear that I agree that the City Attorney must go at some point very soon, sooner rather than later, okay. I do not know if we have all of the votes to make that happen, but I am going to be patient until January, and I can assure you that I will be asking for her termination respectfully in January. Thank you. Chair King: Thank you. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - First Budget Hearing - Sep 9, 2023 10:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: At this time, may I have a motion to approve the minutes for the First Budget Hearing of September 9, 2023, the Special City Commission meeting of September 23, 2023, City Commission meeting, September 28, 2023, and the Second Budget Hearing of September 28th, 2023? Do I have a motion? Vice Chair Carollo: Move. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. AM.2 City Commission - Special Meeting - Sep 23, 2023 6:00 PM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number AM.2, please see Item Number AM.1. City of Miami Page 20 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 AM.3 AM.4 City Commission - City Commission Meeting - Sep 28, 2023 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Joe Carollo, Commissioner Miguel Angel Gabela, Commissioner King, Carollo, Gabela, Pardo Reyes Note for the Record: Number AM.1. For minutes referencing Item Number AM.3, please see Item City Commission - Second Budget Hearing - Sep 28, 2023 5:05 PM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Joe Carollo, Commissioner Miguel Angel Gabela, Commissioner King, Carollo, Gabela, Pardo Reyes Note for the Record: Number AM.1. MV - MAYORAL VETO(ES) For minutes referencing Item Number AM.4, please see Item 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 21 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes CA.1 RESOLUTION 15005 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., A DELAWARE NON-PROFIT CORPORATION ("CFE FUND"), IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) ("GRANT") FOR A PERIOD OF THREE -YEARS FOR THE CITY OF MIAMI ("CITY") SUMMER JOBS CONNECT-MIAMI: INNOVATIVE BANKING TO SUPPORT AT -RISK YOUTH ("CITY PROGRAM") TO EXPAND THE SUMMER JOBS CONNECT PROGRAM TO AID TWENTY FIVE HOMELESS YOUTH; FURTHER ESTABLISHING A SPECIAL REVENUE PROJECT FUND TITLED "SUMMER JOBS CONNECT- MIAMI YOUTH START UP PROJECT" AND APPROPRIATING THE GRANT FOR THE SAME; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT AGREEMENT AND ANY AND ALL OTHER DOCUMENTS, AMENDMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS IN ORDER TO IMPLEMENT AND COMPLY WITH SAID GRANT FROM THE CFE FUND FOR THE CITY PROGRAM. ENACTMENT NUMBER: R-23-0526 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, may I have a motion for CA.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,and 13? Vice Chair Carollo: I would like CA.12 to be taken out so we could do that separately if need be. Chair King: Okay, pull CA.12. May I have a motion for --? Vice Chair Carollo: Move. Chair King: Do I have a second? Commissioner Pardo: I'll second. Chair King: I have a motion for -- I have a motion and a second for CA.1, 2, 3, 4, 5, 6, 7, 8, 9, 10 -- you said take out 11? Vice Chair Carollo: Twelve. City of Miami Page 22 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: 9, 10, 11 -- Vice Chair Carollo: Yeah, 12, 12, yes. Chair King: -- 9, 10, 11, and 13. thirteen. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): And Chair, just for the record, you requested to sponsor CA.1 -- Chair King: Sponsor C -- Mr. Hannon: -- and CA.9. Chair King: Correct. Vice Chair Carollo: We can leave CA.12 towards the end when we get done with everything. Chair King: Okay. City of Miami Page 23 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.2 14962 Department of Police CA.3 14984 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON JULY 6, 2023, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1692387 FOR COMMERCIAL DOOR MAINTENANCE AND REPAIR SERVICES AT POLICE FACILITIES, FROM SOLE RESPONSIVE AND RESPONSIBLE BIDDER, 0 V DOORS CORP., A FLORIDA PROFIT CORPORATION ("0 V DOORS"), ON AN AS NEEDED BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE") GENERAL FUND ACCOUNT NO. 00001.191501.546000, 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, ALL 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-23-0527 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $134,678.88 FOR A ONE-YEAR PERIOD TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM FROM THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. ENACTMENT NUMBER: R-23-0528 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 24 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.4 15009 Department of Police CA.5 15013 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2024 MIAMI DUI PATROL OVERTIME PROJECT"; ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $90,000.00 WITH NO MATCHING FUNDS REQUIRED; APPROPRIATING THE GRANT FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES TO REDUCE ALCOHOL -IMPAIRED DRIVING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0529 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2024 SPEED/AGGRESSIVE DRIVING ENFORCEMENT SATURATION PATROL PROJECT," AND ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $270,000.00 WITH NO CITY OF MIAMI MATCH REQUIRED; APPROPRIATING THE GRANT FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES FOR SPEED AND AGGRESSIVE DRIVING DETERRENCE AND INCREASE INSTANCES OF HIGH VISIBILITY AND SATURATION PATROL; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-23-0530 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 25 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.6 14980 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "BJA FY 23 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM — CRIMINAL INVESTIGATIONS DIVISION TECHNOLOGY MODERNIZATION PROJECT" AND ACCEPTING A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $260,750.00, WITH NO LOCAL MATCH REQUIRED; APPROPRIATING THE GRANT FUNDS TO THE MIAMI POLICE DEPARTMENT FOR THE PROVISION OF NEW EQUIPMENT AND UPDATED SOFTWARE TO SUPPORT CRIMINAL INVESTIGATION DIVISION TECHNOLOGY MODERNIZATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0531 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. CA.7 RESOLUTION 14981 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "BJA FY 23 NATIONAL PUBLIC SAFETY PARTNERSHIP — CAPACITY BUILDING GRANT LIMITED COMPETITION GRANT SOLICITATION" AND ACCEPTING A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE ("DOJ") IN THE AMOUNT OF $497,000.00 WITH NO LOCAL MATCH REQUIRED; APPROPRIATING SAID GRANT FUNDS TO THE MIAMI POLICE DEPARTMENT ("MPD") TO SUPPORT STRATEGIC DEPLOYMENT INITIATIVES TO COMBAT CRIME; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0532 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 26 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.8 RESOLUTION 15063 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 13-0255, ADOPTED ON JUNE 27, 2013, RELATING TO ACCEPTANCE OF A WARRANTY DEED FOR THE CONVEYANCE OF A 3,100 SQUARE FOOT PARCEL OF LAND IDENTIFIED WITH FOLIO NUMBER 01-4139-121-0015, MIAMI, FLORIDA ("PROPERTY") TO THE CITY OF MIAMI ("CITY") FROM BRICKELL FLATIRON, LLC, AND REQUIRING COSTS AND MAINTENANCE TO BE COVERED BY BRICKELL FLATIRON, LLC, IN ITS ENTIRETY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY DEED FREE AND CLEAR OF ALL LIENS, THE CONVEYANCE OF THE PROPERTY TO THE CITY FROM BP DEVELOPMENT HOLDINGS LLC ("GRANTOR") AT NO COST TO THE CITY AND WITH GRANTOR COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO APPRAISALS, SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE, AND ALL RELATED CLOSING COSTS; DIRECTING THE CITY MANAGER TO APPLY FOR A FUTURE LAND USE MAP ("FLUM") AMENDMENT AND REZONING AS MAY BE NECESSARY TO DESIGNATE THE PROPERTY TO "PARKS AND RECREATION" IN THE FLUM AND "CS" TRANSECT ZONE IN THE ZONING ATLAS UPON CONVEYANCE OF THE PROPERTY TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION AND TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY. ENACTMENT NUMBER: R-23-0533 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. CA.9 RESOLUTION 15056 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING MIAMI-DADE COUNTY'S RESOLUTION NO. R-930- 23, ADOPTED ON OCTOBER 17, 2023, URGING THE FLORIDA LEGISLATURE TO PROVIDE INCREASED FUNDING AND A DEDICATED FUNDING SOURCE FOR THE BISCAYNE BAY WATER QUALITY IMPROVEMENT GRANT PROGRAM. ENACTMENT NUMBER: R-23-0534 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.1. City of Miami Page 27 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.10 RESOLUTION 15019 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("DRPW'), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO THOUSAND ONE HUNDRED NINETY (2190) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS SPRING GARDEN POINT PARK, IDENTIFIED AS FOLIO NUMBER 01-3135-027-1340, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR DRPW TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT STORMWATER FACILITIES, AND ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, DRAINAGE PIPES, DRAINAGE STRUCTURES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-23-0535 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see Item Number CA.1. CA.11 RESOLUTION 14987 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SIX (6) RIGHT-OF-WAY DEEDS OF DEDICATION ("DEEDS"). AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0536 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see Item Number CA.1. City of Miami Page 28 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.12 15064 Office of the City Attorney RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DANA CARR FOUR -HUNDRED -THOUSAND -DOLLARS ($400,000.00) AND OTHER NON -MONETARY RELIEF, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HER, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF DANA CARR VS. CITY OF MIAMI, CASE NO. 21-CV-22719-DPG, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF HER CLAIMS AND DEMANDS, AND A DISMISSAL OF HER CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0538 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo NAYS: Carollo ABSENT: Reyes Chair King: Commissioner, you wanted to discuss the settlement? Vice Chair Carollo: Yes, CA.12. Chair King: CA.12. Vice Chair Carollo: It's a settlement for $400,000, and I don't want to necessarily bring a lot of things out in this here, but I would like to meet again more in depth, to get more information in depth in this from the City Attorney's Office outside of from the dais. And I'd like for this item to be deferred until the next January meeting that we have. Chair King: Is this item time sensitive? Kevin Jones: It is. Commissioners, my name is Kevin Jones. I'm the Chief of Litigation. Welcome, Commissioner Pardo, Commissioner Gabela. It is. There was a - - is it something that we can't move? I'm not sure it's impossible to move it, but there are deadlines wrapped into the conclusion of this case, which specifically referenced this Commission meeting. And so the decision about this case should occur, given our previous discussions with the opposing counsel and with the judge today. Because if it's not resolved, obviously, the judge is going to set this for trial. Vice Chair Carollo: Well, a trial would not be before we bring this up again. So, before I'm going to give my vote for $400, 000 because of a claim of discrimination, I want to get a lot of information, a lot more than I've gotten into so far. And I don't think any judge is going to say that you have to definitely go to trial if this Commission delays this and votes on it next January, because trial is not going to begin next -- before we hear this item again. City of Miami Page 29 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Jones: Well, there are other considerations. First, let me address the first part, the judge can't set it for trial. The judge can absolutely set it for trial. It 's a federal judge, he can do whatever he wants. As far -- Vice Chair Carollo: Yes, but he's not -- a judge is not going to set trial for something that was resolved already. Even if he set it, if it were resolved, then the trial is muted. Mr. Jones: Again, this is all being recorded, so I don 't want to -- Vice Chair Carollo: Well, that 's why I said that I didn't want to get into it. Mr. Jones: Right, I don't want -- certainly don't want to get into the meats and potatoes of this, you guys have been briefed, but let me talk about the scheduling. The way this has been set by the court, today is the day. If it doesn 't happen today, the plaintiff can walk away from this deal. You all have been briefed and you know the outer bounds of the liability and you know the lower bounds of the liability. Vice Chair Carollo: Plaintiff ain't going to walk away from this deal if they want the deal now. Mr. Jones: Again, I can't assure -- Vice Chair Carollo: Unless they think that this Commission will give them even more. Mr. Jones: Again, I cannot speak for the plaints I know that today is the day in the documents. The court is waiting on it. The plaintiff can walk away from this deal and say, I now want to just go to trial. And the other component of this is, in these type of federal cases, a lot of the exposure is generated by the fees, right? So, the parties have stopped generating working, namely the plaintiffs and the defense, in the expectation that this will be resolved. If it's not resolved and the plaintiff goes back to working on the case, his fees -- the fees may change, which may change the calculus of this settlement. So, I'm trying to be as direct and as vague as possible. But the way that -- the way the settlement has been structured, today is the day that the Commission is to consider it and either pass it or not pass it. And at that point, there is no obligation for the plaintiff to agree to resolve this case for what is on the table. And certainly the federal judge can say, you know, I appreciate that you guys tried, but this is going to trial. This case has been in litigation for, I think, roughly two to three years. And that's a very long time in federal court. Any questions that I can answer? Chair King: I don't -- Victoria Mendez (City Attorney): Are we taking a break by any chance for --? Vice Chair Carollo: Now, we -- Chair King: Not yet. Vice Chair Carollo: -- we're going to finish quickly -- Ms. Mendez: This morning? Vice Chair Carollo: -- from what l'm seeing, yeah. Ms. Mendez: Okay. City of Miami Page 30 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: Yes. I am ready to move on this. I've been thoroughly briefed on it and I understand the ramifications of the timelines and what happens if we do or don 't. So, I'm ready to move forward with -- Commissioner Gabela: Yeah, so am I because I've been briefed and I understand we've got more to lose than to gain in this matter. Without going into detail as you are telling me not to go into detail. With all due respect. Chair King: I think it's legally prudent that we pass this item. Vice Chair Carollo: Look I have no problem if we bring this to a vote. I 'm voting no for the reasons that I've stated, but I have no problem in going forward. If you all feel that you've been briefed enough and there's a majority, so be it. Chair King: Do I have a motion? Ms. Mendez: And Commissioner, your concerns are valid, and I know that Chief Morales has made several changes to things based on any concerns that you may have. And thank you. Vice Chair Carollo: I'm concerned about the domino effect that this could have into the future for the City now and years from now when none of us are here. Ms. Mendez: Well based on -- and your concern is very valid, but based on lessons learned from this case, Chief Morales is well -versed. Vice Chair Carollo: Yeah, but this had nothing to do with Chief Morales. Ms. Mendez: No, no, I know. Vice Chair Carollo: It was -- Ms. Mendez: That's why, exactly. Vice Chair Carollo: The lawsuit was against Chief Colina. Ms. Mendez: Exactly, exactly. So, lessons learned from this case will serve us into the future. Vice Chair Carollo: Okay. Chair King: Do I have a motion? Commissioner Pardo: I'll make the motion. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Chair King: Aye. Vice Chair Carollo: No. City of Miami Page 31 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.13 14963 Office of the City Attorney CA.14 15119 Commissioners and Mayor Chair King: I didn't get a chance to say "any opposed. " Any opposed? Vice Chair Carollo: No. Chair King: Motion carries, 3-1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANGEL ESTEVEZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $66,750.00 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 ANGEL ESTEVEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 18-39657 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-23-0537 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.13, please see Item Number CA.1. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE CITY OF MIAMI, FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item CA.14 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.14, please see "Order of the Day." City of Miami Page 32 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 CA.15 15120 Commissioners and Mayor RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item CA.15 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.15, please see "Order of the Day" and "Public Comments for all Item(s)." END OF CONSENT AGENDA City of Miami Page 33 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.1 14973 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S AFFORDABLE HOUSING INCENTIVE STRATEGIES ("STRATEGIES") AS RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE ("AHAC") AND AS REQUIRED BY SECTION 420.9076, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID STRATEGIES. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PH.1 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day." City of Miami Page 34 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.2 RESOLUTION 14996 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM AUGUST 1, 2023 TO SEPTEMBER 30, 2023, IN THE AMOUNT OF $110,563.90 FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0539 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: May I have a motion for PH.2, 3, and 7? Motion for PH.2, 3, and 7. Vice Chair Carollo: PH.2, 3, and 7. Arthur Noriega (City Manager): Madam Chair, what about 4? Chair King: Oh, I'm sorry. PH.2, 3, 4, and 7. My line went over. Vice Chair Carollo: Okay, and 4. Chair King: PH.2, 3, 4, and 7. Vice Chair Carollo: So move. Commissioner Pardo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 35 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.3 14997 Department of Housing and Community Development PH.4 14972 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS ("HOME") FUNDS GENERATED FROM AUGUST 1, 2023 TO SEPTEMBER 30, 2023, IN THE AMOUNT OF $701.59 AND AN ADDITIONAL AMOUNT OF $184,753.00 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $185,454.59, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0540 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") ADMINISTRATION FUNDS, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM DELIVERY FUNDS, AND HOME INVESTMENT PARTNERSHIPS ("HOME") ADMINISTRATION FUNDS TO SUNSHINE FOR ALL, INC., FOR EACH OF THE 2023-2024 AND 2024-2025 FISCAL YEARS AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S MULTIFAMILY AFFORDABILITY HOUSING AND FIRST TIME HOMEBUYER PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0541 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.2. City of Miami Page 36 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.5 14703 RESOLUTION MAY BE DEFERRED Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION Estate and Asset AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE Management LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SHAY BARAK CORP. ("LICENSEE"), FOR THE USE OF CITY OF MIAMI PROPERTY LOCATED AT 174 & 176 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE THOUSAND NINE HUNDRED NINE DOLLARS AND NINETY-FIVE CENTS ($1,909.95), WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND INCORPORATED AS EXHIBIT "A," PROVIDED LICENSEE IS CURRENT ON ALL PAYMENTS TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PH.5 was deferred to February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.5, please see "Order of the Day." City of Miami Page 37 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.6 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: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PH.6 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.6, please see "Order of the Day." City of Miami Page 38 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PH.7 RESOLUTION 15080 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "TONY GOLDMAN", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-23-0542 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH.2. END OF PUBLIC HEARINGS City of Miami Page 39 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 14960 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE SELECTION OF ORLY PROSOUND PRODUCTION CORPORATION, A FLORIDA PROFIT CORPORATION ("ORLY PROSOUND"), FOR THE PURCHASE AND INSTALLATION OF CINEMA LIGHTING AND AUDIO/VISUAL EQUIPMENT AT THE TOWER THEATER, FOR THE GRAND OPENING OF THE CELIA CRUZ EXHIBIT ON JULY 14, 2023, FOR THE APPROXIMATE AMOUNT OF ONE HUNDRED THIRTEEN THOUSAND SIX HUNDRED DOLLARS ($113,600.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS OR MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item RE.1 was continued to the January 11, 2024, City Commission Meeting. Chair King: Okay. So, may I have a motion to approve -- and please make note that RE.1, RE.3, require a four -fifths vote, so everyone has to agree to that. Should I take that separate, Todd? Commissioner Pardo: I won't be supporting RE.1. Vice Chair Carollo: Okay, so we should defer that then, I believe? Commissioner Pardo: Yes. City of Miami Page 40 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 Vice Chair Carollo: Okay. Chair King: Okay, we're going to -- Vice Chair Carollo: Is there anything else that we need to defer here, on the others that require four -fifths? Chair King: No, I -- Vice Chair Carollo: Okay. Chair King: --I hope not. Vice Chair Carollo: So -- Chair King: Okay, so -- Vice Chair Carollo: -- Mr. Pardo, can I make a motion -- or Chair, through you -- Chair King: Yes. Vice Chair Carollo: -- to defer then RE.1 for the next meeting? Chair King: Okay. Vice Chair Carollo: It should -- out of fairness -- Chair King: Motion. Vice Chair Carollo: -- to Commissioner Reyes. Chair King: Second? Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: RE.1 is deferred until January. Todd B. Hannon (City Clerk): January 11, 2024. Chair King: January 11, 2024. City of Miami Page 41 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.2 RESOLUTION 14974 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 5 / BISCAYNE BOULEVARD FROM SOUTH OF NORTHEAST 5 STREET TO SOUTH OF NORTHEAST 11 STREET, MIAMI, FLORIDA, FOR GENERAL ROADWAY AND DRAINAGE IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-23-0543 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: Which leaves for us -- may I have a motion to approve RE.2, 3, 5, 7, 8, 9 12, 14? Do I have a motion? Commissioner Gabela: Motion. Commissioner Pardo: I'll make a motion. Second it. Commissioner Gabela: I'll second it. Go ahead, it's your motion. Chair King: I have a motion and a second. I have a motion and a second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 42 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.3 14894 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING ADVANTAGEOUS OR PRACTICABLE TO THE CITY OF MIAMI ("CITY"), FOR THE SELECTION OF KAL-TECH CONTROLS LLC, A FLORIDA LIMITED LIABILITY COMPANY ("KAL-TECH"), FOR THE ACCESS AND REPAIR OF THE HEATING, VENTILATION, AND AIR CONDITIONING ("HVAC") CONTROLS SYSTEM AT ROBERTO CLEMENTE PARK, FOR AN APPROXIMATE AMOUNT OF THIRTY ONE THOUSAND DOLLARS ($31,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS OR MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0544 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.2. City of Miami Page 43 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.4 RESOLUTION 15103 Department of Human Resources RE.5 15079 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item RE.4 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF RESULTS, ATTACHED AND INCORPORATED AS EXHIBIT "A," OF THE CITY OF MIAMI RUN-OFF ELECTION HELD ON NOVEMBER 21, 2023, FOR THE ELECTION OF THE COMMISSIONER FOR DISTRICT 1 AND THE COMMISSIONER FOR DISTRICT 2. ENACTMENT NUMBER: R-23-0545 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.2. City of Miami Page 44 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.6 RESOLUTION 12685 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("RLA") FOR THE OCCUPANCY OF OFFICE SPACE WITHIN THE MANUEL ARTIME THEATER LOCATED AT 900 SOUTHWEST 1 STREET, ROOM 200, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item RE.6 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day." RE.7 RESOLUTION 15124 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE PROPERTY LOCATED AT 2805 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, PURSUANT TO SECTION 62- 521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENTS IN GENERAL," TO ALLOW A TEMPORARY EVENT CONSISTING OF THE SALE OF CHRISTMAS TREES AND FIREWORKS BEGINNING NOVEMBER 20, 2023 AND ENDING DECEMBER 31, 2023, AS WELL AS A HELICOPTER LANDING FOR SANTA ON DECEMBER 21, 2023 FROM 2:00 PM to 9:00 PM AT THE PROPERTY SITE. ENACTMENT NUMBER: R-23-0546 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.2. City of Miami Page 45 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.8 RESOLUTION 15141 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED DEVELOPMENT MANAGEMENT AND CONSTRUCTION AGREEMENT ("AMENDED FACILITY AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND ADLER DEVELOPMENT MANAGER, LLC ("ADLER") WHEREBY ADLER SHALL MANAGE THE DEVELOPMENT AND CONSTRUCTION OF THE CITY'S NEW ADMINISTRATIVE BUILDING, INCLUDING NECESSARY PARKING (COLLECTIVELY, "NEW FACILITY"), LOCATED AT 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125, FOR A FEE NOT TO EXCEED FIVE PERCENT (5%) OF ACTUAL EXPENDITURES, CONSISTENT WITH THE APPROVED PROJECT BUDGETS, AND FURTHER CONSISTENT WITH ALL LEGAL REQUIREMENTS, INCLUDING THOSE FOR PUBLIC FINANCING, CONTINUING DISCLOSURES, AND ONGOING COMPLIANCE THEREOF, AS MORE PARTICULARLY SET FORTH IN THE AMENDED FACILITY AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING, BUT NOT LIMITED TO AMENDMENTS, RENEWALS AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0547 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.2. City of Miami Page 46 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.9 RESOLUTION 15142 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-EIGHT THOUSAND, FOUR HUNDRED TWENTY-ONE DOLLARS AND NINETY-EIGHT CENTS ($128,421.98) FOR THE DISTRICT 4 HOLIDAY MEALS DISTRIBUTION PROGRAM, TO THE DISTRICT 4 DISCRETIONARY ACCOUNT FOR EXPENDITURES CONSISTENT WITH THE API PROGRAM GUIDELINES. ENACTMENT NUMBER: R-23-0548 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.2. City of Miami Page 47 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.10 15172 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. R-23-0271, PROVIDING AN AMENDMENT TO THE NEW JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOLLOWING THE RESULTS OF THE 2020 UNITED STATES CENSUS; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND INCORPORATED, TO BE EFFECTIVE UPON ADOPTION. ENACTMENT NUMBER: R-23-0525 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo NAYS: Carollo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number RE.10, please see "Public Comments for allltem(s)." Chair King: We have resolutions. I'm going to take -- Vice Chair Carollo: Can we just take out any of them that we think might take a little more time? I don't want to use the word controversial because everything could be controversial or nothing could be controversial. Chair King: Is there anything that you would like to pull? Vice Chair Carollo: Well, I think that RE.10 and 13 might take a little more time in discussion. Maybe not, maybe it will go quick. But if we could leave that, again, towards the end of the meeting. Chair King: RE.10 -- Commissioner Gabela: Absolutely. Vice Chair Carollo: Okay. Chair King: -- and 13. Okay, so -- Vice Chair Carollo: I just want to get done with everything that we can so -- Commissioner Gabela: Let me be clear. Let me be clear. If you weren 't going to say it, I'm going to say it. This is voting my house back into my district that was taken out June 14th of 2023 when I was a candidate, the only candidate against Alex Diaz de la Portilla, the man that I defeated in November. My house was taken out, okay, illegally, I contend, okay, and with political trap designed to take my candidacy so I could not run against Mr. Portilla. So, I want to be clear with the public, okay, because somebody told me, you know, it might look like it's self-serving. It can look like whatever it looks. Cheating was done to me, and I want to correct the wrong, and City of Miami Page 48 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 I want to be -- I want you all to know what I'm doing exactly here today. And the same thing goes for RE.13. So, thank you, Commissioner, for pointing that out. Vice Chair Carollo: Commissioner, all that I was pointing out is what I did. At that time, we were forced to vote because, if you remember, we had voted previously, a year before, on districts. And your house was in that district originally. It was never touched. It was -- Commissioner Gabela: My house -- Vice Chair Carollo: -- your house -- Chair King: I thought we were leaving this for the discussion item a little later. Vice Chair Carollo: We'll do it. Chair King: We'll leave it -- Vice Chair Carollo: Okay. Chair King: -- for the discussion item a little later. Commissioner Gabela: Alright, very good. [Later... Chair King: So, we're on RE.10. I have one question. Did anyone get an ethics opinion on this? Commissioner Gabela: Yes, we did. Chair King: Because you 're the sponsor of it? Commissioner Gabela: Yes, we did. Chair King: And what did the --? Commissioner Gabela: I believe that there's not going to be a problem. Besides, let me just point out that -- and I don't want to get into -- I'm not interested in fighting with anybody, but I'm just going to state my facts as a matter offact. Okay, as far as I remember, on June 14th, when my house was taken out of the district -- my house has been in the district for more than 23 years that my wife and I bought the house. I've run three campaigns from that house, okay, and Mr. Carollo knows where I live and Mr. Portilla knows where I live and I imagine a few other people. And in June 14th, my house was very meticulously and surgically removed from District 1 and put into District 3, so to affect my candidacy, because at the time I was the only candidate, since February, official candidate, registered with the City of Miami, running against Mr. Diaz de la Portilla. And this was a political move, I contend, to damage my campaign so I could not run against Mr. Diaz de la Portilla, that we defeated him this last November. And I want to correct a right -- since the City of Miami got into districts, because before it was -- I believe when you started, Mr. Carollo, it was at large, the City of Miami. Vice Chair Carollo: That's correct. Commissioner Gabela: And then later on it was redistricted. And since that, since the redistricting, my house has always been in District 1, okay. And so therefore, when City of Miami Page 49 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 the June 14th meeting came that I was there, and Mr. Portilla was sitting right here, okay, he took a vote that day on taking my house out of the district. I came that morning and I said, what you 're doing is incorrect. I'm a candidate. You're taking my house out of the district. Please don 't do it. If you didn't know, now you know that my house is in the area and you're affecting my candidacy. And I thought that in the afternoon that was going to be corrected in this body, which it was not. But that's okay. Moving forward, we're here today. As we sit here today, okay, what I can tell you is that when Mr. Portilla voted for a clearly benefit that he was the only one to gain, I didn't hear anybody say to him, hey, Ms. City Attorney, I didn't, with all due respect, I didn't hear you say, by the way, did you get an ethics opinion, Mr. Portilla? You know, I didn't hear that. But I did get an ethics opinion, just for the record. I went on the radio last week stating what was going to happen here today. I'm not hiding anything from any of you, just so you know. I'm clear about my things, okay? Vice Chair Carollo: And -- Chair King: So -- Commissioner Gabela: And I want to make this clear. I am just correcting a wrong, okay? I want my house back. I want to go back to my wife because my wife is living in our house because we want to -- lose the homestead. I have been forced to save my campaign because of this political trickery that was done to me on June 14th. I was forced to move to 1780 Northwest 21st Terrace where I had to finish the campaign so I can save the campaign because of what I just stated. And without -- look, I don't want to ruffle any feathers today, you know what I mean, but I think that this is only fair. I think, okay, that what was done to me was political interference in a campaign trying to take one candidate out and protect the political career of Mr. Diaz de la Portilla. I contend that. I alleged that on June 14th, and I allege it today. And so, with all due respect, okay, my house, again, for more than 23 years that my wife and I have owned, my wife is here sitting in the audience. Hi, honey. We've lived there for more than 23 years, right, honey? Unidentified Speaker: Yes. Commissioner Gabela: And our children have grown there, right? Caroline and Stacey, right? (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: And we 've never been outside District 1. And as the judge said in my case, Vicky, that you took my case to trial, the judge said to you that Mr. Gabela never intended -- it was never his intent to move out of the district. You guys, meaning the City of Miami, changed the lines on him and you are the ones that moved him out. I've done everything possible. I've been prudent. And what did I do? I moved to my house at 1780 Northwest 21st Terrace so I can save my campaign. And then that wasn't enough. That wasn't enough, folks. Okay, when I made -- when I was prudent and I -- they forced me to -- and I moved to save my campaign. Then there was a trial and then I won that trial with Pedro Echarte who ruled in my favor. And then after I won that trial, let me just say that then there was an appeal by Mrs. Victoria Mendez against me to try again one more time. And then I lost -- excuse me, I won that appeal. I won two times already. And then now, let's go to the number 13. Chair King: Wait, let's stay on -- let's stay on that one. I -- Commissioner Gabela: Do we stay on that one? Chair King: Yeah, let's -- City of Miami Page 50 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Commissioner Gabela: I was just going to tie it in so we get rid of it. Vice Chair Carollo: It's two different ones so -- Chair King: So, let's -- Commissioner Gabela: Okay, alright, so what I'm asking is -- so you're all hearing what I'm saying, okay, and yes, I am doing this. Yes, it is my house, okay. I just want it to be like it was before. I believe the law 's on my side. I believe a judge, you know, said that I can run. Every effort was made so I cannot sit here today as I do as Commissioner in front ofyou. Okay, and I can assure you that I will be clear with you guys always. Ok, I'm not -- never going to hide anything. And like I said, I went on the radio station saying what was going to happen today. So -- and with that, I leave it. I ask for your support. Thank you. Commissioner Pardo: Madam Chair -- Chair King: Go ahead. Commissioner Pardo: -- can I speak? Chair King: Yes, please. Commissioner Pardo: I just wanted to add to that I think there are no -- I mean, I think this is probably one of the most offensive things in terms of redistricting that has happened from the residents' point of view in the City of Miami. And I commend, actually, Commissioner Gabela for putting up the fight that he has made because as someone who had to contemplate being outside the district and what it would take to still run the campaign and get elected, it 's Herculean. So, on two fronts, I think as a city, we have to fix what we did wrong and just accept the fact that this gameplaying is the way it came across to our residents and that they are livid about it. And I think we just need to correct that wrong and at the same time support Commissioner Gabela in having made this fight and won it. Chair King: So -- Commissioner Gabela: Thank you, Mr. Pardo. Chair King: -- my question is a legal one because the Commission voted on a map which excluded your home. How would we effectuate --? Do we have to vote on the map again? Can we narrowly tailor our actions? How does that affect the boundaries? Do we have right now the authority to put the house back in the district? The street -- I guess it would be an entire street. How could we -- Commissioner Gabela: Well -- Chair King: -- do that? Commissioner Gabela: Madam City Attorney, if I can interrupt respectfully, just let me say one more thing. When my house was taken out -- my house is the -- we own two properties there, we're at 2611 Northwest 17th Court and 1701 Northwest South River Drive, our vacant land in front. So, those two plots were the only ones on the northwest corner of the intersection of 17th Ave and South River Drive. Okay, it 's clear as a bill that the intention was to take my house out for political gain. Okay, that was done. And then as part of that political intention of that malfeasance that happened, you guys also took out three neighbors, Mr. Edward Zinn and Mary Zinn, City of Miami Page 51 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Milagro, a Dominican lady that has been my friend forever, and the people at the corner. They were disenfranchised from being able to vote in this election last November. My wife, my wife Mary, that she sits here in front of you today, was not being able to vote for District 1. After 23 years that we've lived here forever, and in Allapattah we've been there for more than 40 years, we've always voted in District 1. My wife could not vote in District 1. Mary Zinn could not vote in District 1. Edward Zinn could not vote in District 1. And Milagro and company could not vote in District 1 because of what you guys did to take me out of the district. And that 's what happened. You guys can call it any animal you want, okay, but everybody knows, nobody's stupid here, you know, and this is what happened, okay. And -- so therefore, I respectfully say, find a way to put my house inside, okay, because if not, okay, there will be lawsuits on my part. And let me tell you, you don't see me filing a lawsuit against the City for money. I've never done that, and that 's not my intention. I just want to correct the wrong that was done to my family, to my candidacy, okay, and my struggles that I've had to -- you know, it's a miracle of God that I'm here today, thanks to Miguel Soliman, Manny Prieguez, people that supported me during this campaign that I had -- I didn't do this alone, by the way. There was a lot of people backing me up, okay, and it was made very difficult for our campaign because of the City of Miami tactics that was used on the time. But I want to move forward, I want to move forward. I'm just saying this for the record because you 're asking the question correctly, which you have a right to do, and I'm trying to be as eloquent as I can and not lose decorum, okay, but I think I 'm making my case, okay, that my house needs to be put back in and I'm asking for that now. and by the way, we wouldn't have been here had somebody listened to me on this dais on June 14th because I sat right there, Mr. Noriega, and I said my house is being affected, my candidacy is being affected, okay, you guys can make this right. And then you took a break, okay. And then when you took the break, you came back at 2 o'clock in the afternoon, okay, and there was some horse trading going on here with property. So, don't anybody tell me that my house couldn't be put back in because there was horse trading. I'm there -- because I was there and I saw the horse trading. Give me that property for this one, I'll trade you that one and this and that. So, what I'm saying is my house, okay, could have been put back in the district that day and it was chosen, okay, by the City not to do so. And that's why we're in this predicament today. Because I could have been corrected, I could have been made whole, okay, by my house being put back, okay, like it's always been forever, okay. And it was not done that way. So, you guys had a chance to correct that day and you didn't do it. I've gone through all -- I've exhausted all of my resources, time, money, you know, energy, and here I am. And I'm the only one sitting here right now that has this problem, not of my own making, okay, because it was never my intent to leave the district. So, you -- like the judge says, you guys changed the line on me, and I want to make it absolutely clear on what my intentions are today. Thank you. Chair King: So, I would just ask for a path forward on how we can legally do that. Vice Chair Carollo: And -- Victoria Mendez (City Attorney): So, we have -- Vice Chair Carollo: Can I make a statement before we get into everyone else? Chair King: Go right ahead. Go ahead. Vice Chair Carollo: Thank you. Commissioner Gabela: The resolution does it. That 's why we have the resolution in front of us. I don 't see what the problem is. City of Miami Page 52 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: No -- Vice Chair Carollo: I -- Chair King: -- I understand with the resolution. I just want to make sure that we are moving forward legally so you don't get any more challenges. You know, I want to make sure that we do it correctly. Commissioner Gabela: The people -- I am a sitting commissioner right now. Are you telling me --? I've been elected by 55 to 45. I won by 10 points, okay. Are you telling me -- $2 million against $200,000? This was a grassroots campaign, a people's campaign, and we won that election as did Mr. Pardo did because of what we ran on. People, I am a sitting commissioner as yourselves, okay? I only ask what you people - - are any of you inconvenienced today that you have to go to another address that you have because of this cheatery and this political connivery that was done to me is what I ask? Is anybody here doing this tonight? Do you have to go tonight to your house, to your other house because of this is going on? No, none of you have to do this. I shouldn't have to be in this position to begin with, okay, and I am. And I've tolerated, but enough is enough, okay? Chair King: Right. Commissioner Gabela: Enough is enough. Chair King: I got it. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Can --? Chair King: Commissioner. Vice Chair Carollo: I'm more than prepared to answer point by point what statements Mr. Gabela has made. Let me see if we could cut through the chase and avoid a lot of that. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Okay, let me get closer to the microphones so that -- having said that, I could consider, Mr. Gabela, making a motion so that we can discuss this. But I need you to be just as efficient with the other side of the coin that 's been saying that you haven't been living where you said that you were living, that you stayed in your house. Commissioner Gabela: I've stayed in my house, okay. Vice Chair Carollo: What I -- Commissioner Gabela: Carollo, you see, I didn't go -- Vice Chair Carollo: Can you let me --? Commissioner Gabela: I didn't go there but you want to -- Vice Chair Carollo: Look, you're interrupting me, sir. Commissioner Gabela: -- go there, let's go there. City of Miami Page 53 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Vice Chair Carollo: You're interrupting me. Commissioner Gabela: No problem. See, I did -- I tried to do this -- Vice Chair Carollo: If you would listen -- Chair King: You 're doing -- Commissioner Gabela: -- but we're going to go there. We're going to go there. Vice Chair Carollo: If you would listen -- Chair King: No, no, no, no. Vice Chair Carollo: -- maybe we could cut to -- Chair King: No. Vice Chair Carollo: -- the chase here, okay? Now, what I'm asking you simply is for all those that have been saying something different, would you be willing just to have the Clerk put you under oath and state that since you signed up to run for office -- Commissioner Gabela: No, sir, I am not -- Vice Chair Carollo: -- you have been steadily living -- Commissioner Gabela: -- I am not in the courtroom. You are not a judge. You are not deposing me, and I know my rights. So, you can -- Chair King: Okay. Commissioner Gabela: -- you can take that out. Vice Chair Carollo: Alright, alright. Well, that's -- Commissioner Gabela: Okay, you are not -- I am not under deposition here. Vice Chair Carollo: That speaks (UNINTELLIGIBLE) to me. Chair King: Do I have a --? Commissioner Gabela: I am not under a deposition here, number one. Chair King: Do I have a motion to approve? Do I have a motion to approve RE.10? Commissioner Pardo: I'll make a motion. Chair King: Do I have a second? Commissioner Gabela: Second. Chair King: All in favor? Todd B. Hannon (City Clerk): Chair, Chair, Chair. Vice Chair Carollo: Let me bring out the facts. City of Miami Page 54 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Hannon: Just so you know, it'll be was amended pursuant to a memo dated December 11, 2023. It'll be as amended, so the motion is as amended. Vice Chair Carollo: Madam -- Mr. Hannon: The second is as amended. Vice Chair Carollo: -- Madam Chairman, let me -- let me go on because he made a lot of statements that are not accurate -- Commissioner Gabela: No, they're frue, they're frue. Vice Chair Carollo: -- where you and I and Commissioner Reyes have been thrown into the you -all. And for many that will see this, that are not going to hear the other side, they need to hear the other side. Commissioner Gabela: Which is the other side? Vice Chair Carollo: Can you let me speak, sir? Commissioner Gabela: That we put your house in in Coconut Grove to protect you, to protect your assets, sir? Vice Chair Carollo: Listen, this is -- can you let me speak and quit interrupting me? Commissioner Gabela: Is that the other side? Let's go. Vice Chair Carollo: Quit interrupting me. Commissioner Gabela: Let's go. Let's talk about that. Vice Chair Carollo: Quit interrupt -- Commissioner Gabela: Let's talk about you. Vice Chair Carollo: Quit interrupting me. Commissioner Gabela: Let's talk about how you put Coconut Grove -- to protect your homestead and to protect your house. Because -- [The Chair muted all microphones.] Vice Chair Carollo: It ain 't going to happen. Chair King: Commission meeting is now in recess. Thank you. Mr. Hannon: Chair, Chair, Chair. [The Chair muted all microphones.] Mr. Hannon: A vote taken on the amended motion. I wanted to make sure it's very clear. So, when you called the question, it was for the amended motion, which passed 3-1. Vice Chair Carollo: What amended motion? City of Miami Page 55 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.11 15173 Commissioners and Mayor Mr. Hannon: The motion that was made for RE.10 is that it's amended pursuant to a substitution memo. Vice Chair Carollo: There was no vote that was taken. Mr. Hannon: So, then Chair King? Vice Chair Carollo: No vote that was taken. No vote was taken. Commissioner Gabela: This man wants to stop me and all he can and we're going to battle here. [The Chair muted all microphones.] Vice Chair Carollo: The only person -- Chair King: Commissioner Carollo, there's a motion and a second on the floor. All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Chair King: Aye. Vice Chair Carollo: No. Mr. Hannon: As amended. Chair King: As amended. At this time, the Commission meeting is now in recess. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TERMINATING VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item RE.11 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.11, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 56 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.12 15174 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF SEVEN MILLION, EIGHT HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($7,850,000.00) ("FUNDS") FROM DOUGLAS PARK COMMUNITY CENTER PROJECT, PROJECT NO. 40-B40581, 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 DISTRICT 4 PARK ENHANCEMENTS AND EXPANSION PROJECT, PROJECT NO. 40-B243516 ("DISTRICT 4 PARK ENHANCEMENTS"), ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED; 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 PARKS AND CULTURAL FACILITIES PROJECTS IN THE TOTAL AMOUNT OF ONE MILLION, THREE HUNDRED FORTY-SEVEN THOUSAND AND 00/100 DOLLARS ($1,347,000.00) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE DISTRICT 4 PARK ENHANCEMENTS PROJECT AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER BONDS PARKS AND CULTURAL FACILITIES FUNDS, AND ALL OTHER FUNDS IDENTIFIED HEREIN, 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 STATED HEREIN. ENACTMENT NUMBER: R-23-0549 City of Miami Page 57 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.13 15205 Commissioners and Mayor MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Damian Pardo, Commissioner Miguel Angel Gabela, Commissioner King, Carollo, Gabela, Pardo Reyes Note for the Record: Number RE.2. For minutes referencing Item Number RE.12, please see Item RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF MIGUEL ANGEL GABELA V. CITY OF MIAMI, ET AL., MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2023-20926- CA-01, INCLUDING CITY OF MIAMI, ET AL. V. MIGUEL ANGEL GABELA, ET AL., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D23-1776; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Continue CONTINUED Damian Pardo, Commissioner Christine King, Commissioner King, Gabela, Pardo Carollo, Reyes Note for the Record: Item RE.13 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.13, please see "Public Comments for all Item(s)." Chair King: Welcome back to the City of Miami Commission meeting for December 14th, 2023. Joining me on the dais are my colleagues, Commissioner Pardo, Commissioner Gabela, and myself, Commissioner King. We left off on RE.13, and I think we're going to have to defer that because you have to recuse yourself and it's just the two of us. So, I'm going to -- do I need a motion? -- make a motion to defer this item until the first meeting in January. Do I have a motion? Commissioner Pardo: I'll make the motion. Chair King: I'll second it. All in favor, the two of us? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 58 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 RE.14 15204 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING, IN PRINCIPLE, THE DEVELOPMENT OF A PUBLIC BOTANICAL GARDEN AT 6415 NORTHWEST 1 PLACE, MIAMI, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0550 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.14, please see "Public Comments for all Item(s)" and Item Number RE.2. END OF RESOLUTIONS City of Miami Page 59 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 13645 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR A PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item SR.1 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.1, please see "Order of the Day." City of Miami Page 60 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 SR.2 ORDINANCE Second 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. ENACTMENT NUMBER: 14239 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Vice Chair Carollo: Okay. Chair King: We don't have any SR, second reading items. They were all deferred or withdrawn. May I have a motion for FR.1 ? Todd B. Hannon (City Clerk): Chair, I'm sorry. There's SR.2 and SR.3. Arthur Noriega (City Manager): Yeah, SR.2 and SR.3 are still in play. Chair King: SR. 2 and SR -- Mr. Noriega: And 3. SR.2 and 3. Chair King: I have SR.2 as February 22. No? Mr. Noriega: No. Chair King: Okay. May I have a motion for SR -- Vice Chair Carollo: I do. I have SR.2 here too that it was asked to be deferred. Mr. Hannon: It's FR, Foxtrot Romeo. Vice Chair Carollo: Oh, FR (First Reading). Mr. Hannon: FR.2. Vice Chair Carollo: Okay. Chair King: So, SR.2 and SR.3 are in play -- Vice Chair Carollo: Yeah. Chair King: -- correct? City of Miami Page 61 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Hannon: SR.2 and SR.3 are in play, yes. Chair King: Okay, Madam City Attorney, would you please read the titles into the record? Commissioner Gabela: Sorry, S as in Sam, right? Chair King: S as in Sam. Vice Chair Carollo: Yeah. Commissioner Gabela: SR.1 -- SR.2 and SR. 3. Chair King: Yes. Commissioner Gabela: Okay. Ms. Mendez: So, SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And SR.3. 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 Gabela: Motion to approve. Chair King: Thank you. Commissioner Pardo: I'll second it. 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 62 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 SR.3 ORDINANCE Second Reading 14948 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY Attorney OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO PROVIDE A REFUND PROCEDURE FOR ASSOCIATED BUILDING PERMIT SOLID WASTE SURCHARGES UNDER CERTAIN CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14240 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.2. END OF SECOND READING ORDINANCES City of Miami Page 63 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 14828 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of Fire- CHAPTER 40/ARTICLE I, SECTION 40-1 OF THE CODE OF THE Rescue CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/IN GENERAL/REGISTRATION AND FINGERPRINTING — GENERALLY," BY CREATING NEW SUBSECTION 40-1(E) PROVIDING AUTHORIZATION FOR STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS TO BE CONDUCTED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR ALL PERSONS APPLYING FOR, OR CONTINUING EMPLOYMENT OR APPOINTMENT IN THE CITY OF MIAMI FOR THE POSITION OF FIREFIGHTER PURSUANT TO SECTION 166.0442, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: Alright, so FR.1, would you please read that into the record? That 's the only first reading item that's in play. Okay, FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. May I have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. At this time, Mr. City Clerk, are there any appointments to boards and/or committees? Todd B. Hannon (City Clerk): No, ma'am. Vice Chair Carollo: Okay. Chair King: Okay. Vice Chair Carollo: We're done with the FRs (First Readings), correct? City of Miami Page 64 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: Correct. Vice Chair Carollo: Okay. FR.2 ORDINANCE First Reading 14354 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Office of the City CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE Attorney CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO ESTABLISH PROCEDURAL REQUIREMENTS FOR VOTE OUTCOMES INCLUDING BUT NOT LIMITED TO MOTIONS THAT DO NOT OBTAIN A MAJORITY OF VOTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item FR.2 was deferred to the February 22, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.2, please see "Order of the Day." Chair King: Madam City Attorney, would you read into the record FR.1, the title for FR. 1? Victoria Mendez (City Attorney): Thank you, Madam Chair. Chair King: And FR.2. Todd B. Hannon (City Clerk): FR.2 was deferred to February 22nd Chair King: Okay. I -- okay, I have that. Commissioner Gabela: FR.2? Chair King: FR.2. Commissioner Gabela: Why are we deferring FR.2? Mr. Hannon: FR.2, Foxtrot Romeo Dot 2, Voting Outcomes, City Commission was deferred to February 22nd, I believe, to give it a little more time. Commissioner Gabela: Yeah, but why? Chair King: Who --? City of Miami Page 65 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Hannon: I will defer to Madam City Attorney. Ms. Mendez: Yes, this is the item that a couple of months ago there were questions about voting conflicts and what is a voting -- not voting conflicts, voting ratios like if you vote 2-2, is that a denial? If you vote -- does it just roll over? Those type of things. So, it was a clarification, but right now is not the time probably to change any ordinances, so that's what that item is. Chair King: Okay. Commissioner Gabela: Thank you. FR.3 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: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number FR.3, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 66 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 67 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.2 14795 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) (Alternate At -Large) NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 68 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.3 14754 Office of the City Clerk BC.4 6672 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 69 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.5 14454 Office of the City Clerk BC.6 13122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 70 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.7 15096 Office of the City Clerk BC.8 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 71 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.9 14887 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 72 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.10 14041 Office of the City Clerk BC.11 15122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 73 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.12 14760 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 74 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.13 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 75 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.14 15097 Office of the City Clerk BC.15 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 76 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.16 14458 Office of the City Clerk BC.17 14459 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Joe Carollo (Historian or Architectural Historian - Category 3) Commissioner Joe Carollo (Business and Finance or Law — Category 6) Commissioner Manolo Reyes (Architect — Category 1) Commissioner Christine King (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number BC.17, please see "Public Comments for all Item(s)." City of Miami Page 77 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.18 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 78 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.19 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 79 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.20 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 80 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.21 14043 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 81 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.22 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 82 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 BC.23 11273 Office of the City Clerk BC.24 13716 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Damian Pardo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 83 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 14995 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS City Manager's IN DISTRICT 2 Office MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number DL1, please see "Order of the Day" and "Public Comments for all Item(s)." DI.2 DISCUSSION ITEM 14831 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS City Manager's IN DISTRICT 3. Office MOTION TO: Continue RESULT: CONTINUED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo ABSENT: Carollo, Reyes Note for the Record: Item DL2 was continued to the January 11, 2024, City Commission Meeting. Chair King: And then we have left two discussion items. Would you two like to defer these two discussion items? Commissioner Gabela: Whatever you guys want. Chair King: Okay. Commissioner Pardo: Yeah, I think it's better. Chair King: I have a motion to defer Discussion Item 1 -- I mean, Discussion Item 2 and Discussion Item 3. Commissioner Gabela: Yeah, second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 84 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 DI.3 14834 City Manager's Office DI.4 15098 Office of the City Clerk Todd B. Hannon (City Clerk): And that will be the first meeting in January. Chair King: First meeting in January. And that shall conclude the City of Miami Commission meeting for December 14th, 2023. Thank you all for attending. Commissioner Pardo: Thank you. Unidentified Speaker: That was fast. DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON HOMELESS. MOTION TO: Continue RESULT: CONTINUED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo ABSENT: Carollo, Reyes Note for the Record: Item DL3 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL3, please see Item Number DL 2. DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item DL4 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL4, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 85 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.1 13953 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) 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: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.1 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 86 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.2 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." PZ.3 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 87 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.4 ORDINANCE First Reading 14197 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"1) SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 88 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.5 ORDINANCE First Reading 14192 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") SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO ADD NEW DEFINITIONS; AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," AND ARTICLE 5, TITLED " SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES AND ASSOCIATED STANDARDS RELATING TO SETBACKS FOR IRREGULAR LOTS, DOMINANT SETBACKS, PRESERVATION OF NATURAL FEATURES, EXTENSIONS ABOVE MAXIMUM HEIGHTS, ENCROACHMENT OF MECHANICAL EQUIPMENT, ADJUSTMENTS TO BUILDING SPACING AND TO SETBACKS ABOVE THE EIGHTH FLOOR, ADJUSTMENTS TO BUILDING DISPOSITION IN CIVIC INSTITUTIONAL (CI) TRANSECT ZONES, INDUSTRIAL USES REQUIRING ADDITIONAL HEIGHT, AND BUILDING FLOORPLATE DIMENSIONAL STANDARDS; AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: Okay, now let's go back. Madam City Attorney, would you please read into the record the titles of the PZ (Planning and Zoning) items that are -- that remain in play? Victoria Mendez (City Attorney): Yes, Madam Chair. So, PZ.5 -- Chair King: 5 would be the first one. Ms. Mendez: -- is the first one. Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then we have PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That 's PZ.9. Now PZ.10. City of Miami Page 89 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.11. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ -- PZ.12 is an exception. PZ.13, an exception, 14 is a vacation closure, so we're heading to PZ.15. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then, PZ.16 apparently has a -- Chair King: Substitution memo. Ms. Mendez: -- a substitution memo. Arthur Noriega (City Manager): No. Well, for purposes of -- we 're -- based on a meeting we had this morning with the applicant and City staff, we're requesting that 15, 16, 17, and 18 be deferred to the afternoon so we can finish up some changes to the development agreement. Once that's done, we'll -- we 'd like to have it reintroduced. Ms. Mendez: Madam Chair, can I keep on reading the titles though, even f it's reset? Chair King: Hold on a second. May I have a motion to pass PZ.5, 6, 7, 9, 10, 11, 12, 13. Commissioner Pardo: Madam Chair, I just wanted to add real quick that I have a Jennings disclosure on Item PZ.6 -- Chair King: Okay. Commissioner Pardo: -- in that block. And since we 're on topic, I also have Jennings disclosures on 15 through 20. Chair King: Okay. So, do I have a motion? Vice Chair Carollo: Move. Chair King: Do I have a second? Commissioner Pardo: Second. Todd B. Hannon (City Clerk): I'm sorry, Chair. I do apologize. I just want to make sure. So, PZ.5, 6, 7, 9, 10, 11, 12, 13, 14? Chair King: No, not -- oh, 14, yes. Mr. Hannon: 14's a resolution. Chair King: Yes, yes, yes, yes. Commissioner Gabela: 9, 10, 11, 12, 13, and 14, right? Chair King: Yes, but it's PZ.5, 6, 7, 9, 10, 11, 12, 13, and 14. I have a motion and a second. All in favor? City of Miami Page 90 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: And my apologies. Just for the record, 9 and 13 are as amended. Chair King: As amended. Mr. Hannon: Thank you. PZ.6 ORDINANCE First Reading 14891 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 "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ. _S. City of Miami Page 91 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.7 ORDINANCE First Reading 14892 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 "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-48-B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ. _5. PZ.8 ORDINANCE First Reading 13878 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, AND 1235 NORTHWEST 1 PLACE; 132, 139, AND 145 NORTHWEST 12 STREET; 140 NORTHWEST 13 ST; AND 1118, 1126, 1134, 1142, 1212, 1218, 1228, AND 1238 NORTHWEST 1 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes City of Miami Page 92 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.8 ORDINANCE First Reading 13878 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, AND 1235 NORTHWEST 1 PLACE; 132, 139, AND 145 NORTHWEST 12 STREET; 140 NORTHWEST 13 ST; AND 1118, 1126, 1134, 1142, 1212, 1218, 1228, AND 1238 NORTHWEST 1 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes City of Miami Page 93 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.8 ORDINANCE First Reading 13878 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, AND 1235 NORTHWEST 1 PLACE; 132, 139, AND 145 NORTHWEST 12 STREET; 140 NORTHWEST 13 ST; AND 1118, 1126, 1134, 1142, 1212, 1218, 1228, AND 1238 NORTHWEST 1 COURT, MIAMI, FLORIDA, 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: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.8, please see "Order of the Day" and "Public Comments for all Item(s)." Vice Chair Carollo: And -- Chair King: So, we are now on our -- we can. Vice Chair Carollo: PZ (Planning and Zoning)? Chair King: We can take up -- do you want to --? Vice Chair Carollo: Can we go to PZ? Chair King: What's the --? Would you guys like to go to PZs and come back to the discussion items? Vice Chair Carollo: Yeah. Chair King: Okay. Vice Chair Carollo: And most of the people here are for PZ so -- Chair King: Okay. For one PZ item, PZ.8, that was withdrawn, I'd like to indefinitely defer that one. Todd B. Hannon (City Clerk): So, then we'll need a motion to reconsider. Chair King: Yes. Commissioner Gabela: A motion to reconsider. City of Miami Page 94 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Vice Chair Carollo: Well, wasn 't it indefinitely deferred before or not? Chair King: It was. Vice Chair Carollo: Huh? Chair King: It was. Vice Chair Carollo: It was. Chair King: I am unable to withdraw it as the City is not the applicant so -- Vice Chair Carollo: Okay, so you -- Chair King: Indefinite defer -- motion for reconsideration. Vice Chair Carollo: Okay. Chair King: I have a motion. Vice Chair Carollo: You have a motion. Chair King: A second? Vice Chair Carollo: You have a motion and a second, yes. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. And now I'd like a motion to indefinitely defer PZ.8. Vice Chair Carollo: Motion. Commissioner Pardo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 95 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.9 14680 Commissioners and Mayor - PZ ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE PARTICULARLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO MODIFY THE BRICKELL FINANCIAL SETBACK AREA'S ESTABLISHED SETBACK STANDARDS AND ADDING A NEW DOWNTOWN EAST FLAGLER SETBACK AREA AND ESTABLISHING NEW SETBACK STANDARDS FOR EAST FLAGLER STREET BETWEEN WEST 1 AVENUE AND BISCAYNE BOULEVARD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14241 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ9, please see "Public Comments for all Item(s)" and Item Number PZ 5. City of Miami Page 96 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.10 ORDINANCE Second Reading 14889 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"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO UPDATE GREEN ROOF DEFINITIONS AND INTRODUCE INTERMEDIATE LEVEL DEFINITION; FURTHER AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," AND APPENDIX J, TITLED "WYNWOOD NRD-1," TO CLARIFY APPLICATION OF INTERMEDIATE LEVEL; AND AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," APPENDIX J, TITLED "WYNWOOD NRD-1," AND APPENDIX P, TITLED "WYNWOOD NORTE NRD-2," TO UPDATE AND CLARIFY CONFIGURATION STANDARDS FOR ROOFTOP ELEMENTS AND TO INTRODUCE ADDITIONAL PROVISIONS FOR ROOFTOP HABITABLE SPACE AND GREEN ROOFS WITHIN THE T5, T6, D1, D2, AND D3 TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14242 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.1O, please see Item Number PZ. _5. City of Miami Page 97 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.11 ORDINANCE Second Reading 14890 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") AMENDING APPENDIX J, SECTION 3, TITLED "WYNWOOD NRD-1, GENERAL TO ZONES," TO CLARIFY STANDARDS IN RELATION TO LOADING BERTHS AND TO CLARIFY APPLICATION OF THE WYNWOOD NRD- 1 TRANSFER OF DEVELOPMENT DENSITY PROGRAM; FURTHER AMENDING APPENDIX J, SECTION 4, TITLED "WYNWOOD NRD-1, STANDARDS AND TABLES," TO PERMIT HOTEL USES WITHIN D1 TRANSECT ZONES AND TO CLARIFY STANDARDS IN RELATION TO PARKING SUBSTITUTIONS; AND FURTHER AMENDING APPENDIX J, SECTION 5, TITLED "WYNWOOD NRD-1, SPECIFIC TO ZONES," TO AMEND ART REQUIREMENTS ON BUILDING FACADES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14243 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ. _5. City of Miami Page 98 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.12 15044 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") AND CHAPTER 4, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET AT THE REAL PROPERTY GENERALLY LOCATED AT 90 NORTHEAST 39 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, DESIGNATED "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0551 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ. 5. City of Miami Page 99 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.13 15045 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 4, TABLE 4; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AN EXCEPTION TO ALLOW A PRE-SCHOOL USE IN A "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND AN EXCEPTION TO APPROVE A ONE HUNDRED PERCENT (100%) PARKING REDUCTION FOR A STRUCTURE OF LESS THAN TEN THOUSAND SQUARE FEET IN SIZE AND LOCATED IN A TRANSIT CORRIDOR AREA FOR THE PROPERTY GENERALLY LOCATED AT 411 SOUTHWEST 4 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. ENACTMENT NUMBER: R-23-0552 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.13, please see Item Number PZ.5. Chair King: Madam City Attorney, would you continue to read the titles into the record for the remaining PZ items? Vice Chair Carollo: If I may, Chair, and if I could have your attention for a minute. I believe in PZ.13, the Centro Mater, which I think is important to all of us, there's a correction or clarification might be the appropriate word that has to be made on what was approved. Maritza Haro: Good morning. Chair King: For PZ.13? Ms. Haro: Yes, good morning. Maritza Haro, with offices at 200 South Biscayne Boulevard. We just ask that it be clarified that the adoption was with the proposed conditions adopt -- recommended by PZAB (Planning, Zoning and Appeals Board). Chair King: No problem with that. Vice Chair Carollo: Okay. Is that clear, Clerk? Ms. Mendez: It's as amended already. We just had to clarify that it was not just the vote we were putting in, but the PZAB recommendation conditions. Vice Chair Carollo: Okay. City of Miami Page 100 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.14 15046 Department of Planning Ms. Haro: Correct. Chair King: Thank you. Ms. Haro: Thank you. Vice Chair Carollo: Thank vou. RESOLUTION A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, VACATING AND CLOSING FROM PUBLIC USE NORTHEAST 83 LANE, A CITY OF MIAMI MAINTAINED RIGHT-OF-WAY GENERALLY BOUND BY NORTHEAST 85 STREET, EAST DIXIE HIGHWAY, NORTHEAST 83 TERRACE, AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("STREET VACATION AREA"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0553 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ. _S. City of Miami Page 101 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.15 ORDINANCE Second 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 THE AMENDED 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 FORATOTAL COMBINED AREA OF 1,110,387 SF (25.491 ACRES) FOR THE ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3995 NORTH MIAMI AVENUE, 21 NORTHEAST 39 STREET, 35 NORTHEAST 40 STREET, 27 NORTHWEST 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. ENACTMENT NUMBER: 14244 City of Miami Page 102 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.15, please see Item Number PZ.5. Victoria Mendez (City Attorney): And then Madam Chair, for -- Chair King: PZ.16, as amended. Ms. Mendez: Right, so -- Arthur Noriega (City Manager): We have to read -- we have to read the changes. Chair King: Okay, please. Iris Escarra: Good afternoon, everyone. Iris Escarra and Niesen Kasdin. We're a joint venture on this for PZ.16, 17, and 18. I need to read two changes into the record. We 've been coordinating with the Fire Department on these two changes that we want to add to the development agreements. PZ.15 is the SAP (Special Area Plan) amendment, no changes there, but 16, 17, and 18, indulge me -- Chair King: After you do this, we can vote on it? Mr. Noriega: Yes. Ms. Escarra: Yes because it'll be as amended. Chair King: Oh, wonderful, okay. Ms. Escarra: With this language added in. Chair King: Go ahead. Ms. Escarra: So, there will be two paragraphs, one in public facilities. In the event that future amendments to the SAP are proposed which increase the development capacity at the property, the developer to coordinate with the City Manager and Fire Chief to address any additional fire rescue service enhancements needed to the SAP area. Second paragraph to be added in the temporary and special events sections of PZ.16 and a new section in 17 and 18, it's going to say, Section A at the top to cover all the different temporary and special event permits. Notwithstanding the provisions below regarding temporary special events, any relaxation of permitting requirements does not exempt the requirement to comply with Fire and Life Safety Site Plan and/or Fire and Life Safety Site Plan review by the City of Miami Fire Marshal's Office. Developer shall meet and coordinate with the Fire Marshal 's Office regarding regular annual events and special events as proposed at the property. Last sentence. This provision shall be strictly enforced and any noncompliance with these provisions shall be strictly enforced by the City Manager himself. Thank you very much. I apologize. That paragraph is only in 16 and 17 and not in 18 because there is no temporary special event section in PZ.18. City of Miami Page 103 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Chair King: Thank you. So, therefore, we can vote on PZ.15, 16, 17, 18, 19, 20, 21, 22 and 25. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): Chair, I'm sorry, who was the mover and seconder? Chair King: Commissioner Carollo was the mover. Vice Chair Carollo: Yeah. Chair King: Commissioner Pardo, I believe, was the second. Mr. Hannon: With 16 and 17 amended. Chair King: Yes. Mr. Hannon: PZ.16 and 17, amended. Ms. Escarra: 16, 17, and 18. Chair King: And 18 -- Mr. Hannon: And 18. Chair King: -- as amended. Motion carries unanimously. City of Miami Page 104 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.16 ORDINANCE Second 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. ENACTMENT NUMBER: 14245 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.16, please see Item Number PZ.5 and Item Number PZ.15. Chair King: Madam City Attorney, will you continue to read the titles into the record for the remaining PZ -- PZAB items? Victoria Mendez (City Attorney): Yes, Madam Chair. So, I believe we were at -- Chair King: 19? Ms. Mendez: -- 16. Chair King: Oh, 16? Ms. Mendez: Yeah, PZ.16. That will be as amended, but we're going to vote on it later. I'm just reading the title. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.17. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.18. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then we have PZ.19. City of Miami Page 105 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.20. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.21. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.22. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.23. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And last, PZ.25. The Ordinance was read by title into the public record by the City Attorney. Chair King: Madam City Attorney, I have a Jennings disclosure for PZ.11, PZ.15 through 18 and PZ.25. Ms. Mendez: Thank you, Madam Chair. Commissioner Pardo: I'd like to add PZ.7 to my Jennings disclosure as well. Chair King: Okay. City of Miami Page 106 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.17 ORDINANCE Second 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, FLORIDAAS 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 AND PEDESTRIAN BRIDGES OVER A RIGHT-OF- WAY SUBJECT TO PUBLIC WORKS REVIEW; 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. ENACTMENT NUMBER: 14246 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.15 and Item Number PZ.16. City of Miami Page 107 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.18 ORDINANCE Second 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) 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) 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. ENACTMENT NUMBER: 14247 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.15 and Item Number PZ.16. City of Miami Page 108 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.19 ORDINANCE First Reading 14983 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO " RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1852 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.15 and Item Number PZ.16. PZ.20 ORDINANCE First Reading 14982 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "Cl," CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1852 NORTHEAST 2 AVENUE , MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.15 and Item Number PZ.16. City of Miami Page 109 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.21 ORDINANCE First Reading 14985 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE REAL PROPERTY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.21, please see Item Number PZ.15 and Item Number PZ.16. PZ.22 ORDINANCE First Reading 14986 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, FOR THE PROPERTY APPROXIMATELY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.22, please see Item Number PZ.15 and Item Number PZ.16. City of Miami Page 110 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.23 15047 Commissioners and Mayor - PZ ORDINANCE First Reading 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," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," AND ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT IN CERTAIN OPPORTUNITY ZONES WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR CERTAIN PUBLIC BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.23 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.23, please see `Public Comments for allltem(s)" and Item Number PZ.16. Chair King: Gentlemen, are any of these items -- would you like to pull any of these items for discussion or may I have a motion? Commissioner Gabela: Motion. Commissioner Pardo: I'd like to -- I'd actually like to ask if we could defer PZ.23. It impacts my district and I just wanted to understand a bit more about that. Chair King: I don 't have an issue with that. We need a motion. May I have a motion? Commissioner Gabela: Motion to do that. Vice Chair Carollo: (INAUDIBLE). Chair King: Yes, I have a motion and I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Vice Chair Carollo: Motion to approve the rest of the PZ (Planning and Zoning) items. Todd B. Hannon (City Clerk): And Chair, I apologize, just briefly. And so PZ.23 was deferred to January 11 th, Commissioner Pardo, January 11 th? Commissioner Pardo: Yes. City of Miami Page 111 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Hannon: Thank you. Chair King: Yes. Mr. Hannon: Understood. PZ.24 ORDINANCE First Reading 15109 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") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES"/"BUILDING FUNCTION: USES," TO PERMIT RECREATIONAL FACILITY USES IN "CS" CIVIC SPACE TRANSECT ZONES BY RIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.24 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.24, please see "Order of the Day." City of Miami Page 112 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.25 ORDINANCE First Reading 15125 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"), SPECIFICALLY BY AMENDING ARTICLE 5, SECTION 5.5.2.k., TITLED "SPECIFICS TO ZONES/URBAN CENTER TRANSECT ZONES (T5)/BUILDING CONFIGURATION (T5)," TO ALLOW FOR FENCES AND WALLS IN THE FIRST LAYER FOR USES THAT SOLELY SERVE NEEDS OF NEIGHBORHOOD CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; AND AMENDING ARTICLE 10, SECTION 10.3.7, TITLED "SPECIAL SIGN PACKAGE," TO PROVIDE FOR A SPECIAL SIGN PACKAGE FOR BUILDINGS THAT SOLELY SERVE THE NEEDS OF NEIGHBORHOOD CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.25, please see Item Number PZ.15 and Item Number PZ.16. City of Miami Page 113 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 PZ.26 15113 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ARTHUR NORIEGA, V, CITY OF MIAMI CITY MANAGER AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF BAYFRONT PARK ("APPELLANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING/REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.26 was continued to the January 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.26, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 114 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 NA.1 15255 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A 40/50 YEAR RECERTIFICATION GRANT PROGRAM FOR NOT -FOR -PROFIT ENTITIES THAT PROVIDE ELEEMOSYNARY SERVICES WITHIN THE LIBERTY CITY AND LITTLE HAITI BOUNDARIES, AS DEFINED BY THE CITY OF MIAMI ("CITY") FOR PROPERTY REPORTS AND REPAIRS RELATED TO OBTAINING A 40/50 YEAR RECERTIFICATION ("PROGRAM"); ALLOCATING FUNDING IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS AND ZERO CENTS ($1,000,000.00) FROM CAPITAL PROJECT NO. 40- B243102 FOR THE PROGRAM; FURTHER APPROVING THE PROGRAM GUIDELINES AND APPLICATION, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A,"; AUTHORIZING THE CITY MANAGER TO DISBURSE FUNDS FROM THE PROGRAM IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00), TO EACH ELIGIBLE ENTITY, AND TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE AVAILABILITY OF FUNDS, IN ACCORDANCE WITH THE PROGRAM GUIDELINES TO IMPLEMENT AND ADMINISTER SAID PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0554 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: May I have a motion to approve Pocket Item 1 and Pocket Item 2? Vice Chair Carollo: Can they be read again, please? Chair King: Madam City Attorney, would you please --? Oh, Mr. City Attorney, would you please read again Pocket Item 1 and Pocket Item 2? George Wysong (Deputy City Attorney): Pocket Item 1. Deputy City Attorney George Wysong began reading the Resolution by title into the public record. Arthur Noriega (City Manager): George, just for purposes of the record, because it was fixed when she read it the first time, it's not a 40-50 recertification, it's just a recertification. Mr. Wysong: Recertification, thank you. City of Miami Page 115 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Mr. Noriega: The record is correct. Deputy City Attorney George Wysong concluded the reading of the Resolution by title into the public record. Mr. Wysong: Pocket Item 2 is -- Vice Chair Carollo: Excuse me, Pocket Item 1, who is presenting it? Chair King: I am. Vice Chair Carollo: Okay. Chair King: It's a cleanup item that -- Vice Chair Carollo: But I understand, I'm just -- Chair King: Oh. Vice Chair Carollo: -- trying to get for the record -- Chair King: I'm the sponsor. Vice Chair Carollo: -- who 's bringing what. Mr. Wysong: Okay, and Pocket Item 2. The Resolution was read by title into the public record by Deputy City Attorney George Wysong. Vice Chair Carollo: Alright. Chair King: May I have a motion? Vice Chair Carollo: Motion. Chair King: Second? Commissioner Pardo: I'll make a second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you. Victoria Mendez (City Attorney): And Madam Chair, I think we read the 40-50 again and it's called recertification. Chair King: No, he corrected it. Ms. Mendez: Okay, thank you. Chair King: He corrected it. City of Miami Page 116 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 NA.2 15256 City Commission NA.2 15256 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 1361 NORTHEAST 1 AVENUE, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR PADEL X, PADEL BALL EVENTS TO CONTINUE STARTING FEBRUARY 26, 2024 AND FOR SIX (6) MONTHS THEREAFTER. ENACTMENT NUMBER: R-23-0555 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 1361 NORTHEAST 1 AVENUE, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR PADEL X, PADEL BALL EVENTS TO CONTINUE STARTING FEBRUARY 26, 2024 AND FOR SIX (6) MONTHS THEREAFTER. ENACTMENT NUMBER: R-23-0555 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes City of Miami Page 117 Printed or/ 02/05/2024 City Commission Meeting Minutes December 14, 2023 NA.2 15256 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 1361 NORTHEAST 1 AVENUE, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR PADEL X, PADEL BALL EVENTS TO CONTINUE STARTING FEBRUARY 26, 2024 AND FOR SIX (6) MONTHS THEREAFTER. ENACTMENT NUMBER: R-23-0555 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day" and Item Number NA.1. Chair King: And at this time, we can -- we have CA.12. Arthur Noriega (City Manager): Madam Chair, if I may, we need to make a correction to PI2. Chair King: Okay. Mr. Noriega: It unfortunately referenced 2023, it just needs to reference 2024. It was an error. Chair King: Todd, do we need to re -vote on that? Mr. Noriega: Yeah -- Chair King: Yes. Mr. Noriega: -- because the date is wrong. Chair King: So, which -- what item did you say? Mr. Noriega: PI2. Chair King: Pocket Item 2. Mr. Noriega: Yeah, the paddle item has the wrong date. Chair King: May I have a motion for reconsideration to amend the date in Pocket Item 2? Vice Chair Carollo: Motion for reconsideration. City of Miami Page 118 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Now, may I have a motion to pass PL2, as amended? Vice Chair Carollo: Motion. Commissioner Pardo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Gabela: That was PH.2, right? Chair King: Pocket Item 2. Commissioner Gabela: Oh, Pocket Item 2. Chair King: Pocket Item 2. City of Miami Page 119 Printed on 02/05/2024 City Commission Meeting Minutes December 14, 2023 NA.3 15257 City Commission ADJOURNMENT DIRECTIVE DIRECTION BY COMMISSIONER PARDO TO THE CITY MANAGER AND CITY ATTORNEY TO CONTINUE WORKING WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) TO CREATE THE NON -MOTORIZED VESSEL ENFORCEMENT ZONE AROUND THE NESTING ROOKERY PURSUANT TO RESOLUTIONS R-23-0514 AND R-23- 0312. RESULT: DISCUSSED Vice Chair Carollo: What items do we have left, just a couple? Chair King: We have RE.10. Commissioner Pardo: Madam Chair, I also wanted to add, based on the conversation about the rookery, if we could direct the City Manager and the Attorney's Office to continue working with FWC (Florida Fish and Wildlife Conservation Commission) to create that enforcement zone that the community is looking for. I would be very appreciative. Chair King: If we could find out what -- what legislation we would have to pass to make that a non -motorized boat way. Victoria Mendez (City Attorney): So, the legislation that was passed before, prior to Commissioner Pardo being on the dais, said to have no human activity. We understand, based on all the public comment, that they want to make sure that there is a no motorized vessel zone. Chair King: Right. Ms. Mendez: So, I know that the Manager has already started conversations with FWC and we will continue based on the directive of Commissioner Pardo to make sure that that area is protected even further, right, Mr. Manager? Chair King: I'd like to also be shown as a sponsor for future legislation. Commissioner Pardo and I share the bay -- Ms. Mendez: Absolutely. Chair King: -- as districts. Ms. Mendez: Because we would have to bring back -- once we talk with FWC for an enforcement, then we would have to bring back an ordinance to create the zone to be able to do everything that you want us to be able to enforce. Chair King: Okay. The meeting was adjourned at 2:42 p. m. City of Miami Page 120 Printed on 02/05/2024