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HomeMy WebLinkAboutCC 2024-09-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 26, 2024 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 George K. Wysong III, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 26, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 26th day of September 2024, 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 9:36 a.m., recessed at 12:19 p.fn., reconvened at 4:00 p.m., recessed at 4:03 p.m., reconvened at 5: 08 p.m. and adjourned at 5:19 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 10:10 a.m., and Commissioner Reyes entered the Commission chambers at 11:31 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager George K. Wysong III, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we are going to begin our meeting with prayer. Father Rolle is here from St. Agnes Episcopal Church. Is that right? St. Agnes Episcopal Church. Historic St. Agnes Episcopal Church, located in Overtown. He is going to bless us with prayer today for our meeting. Denrick Rolle: Please stand. Invocation delivered. Chair King: Thank you. Commissioner Pardo, would you join us for the Pledge of Allegiance? Pledge of Allegiance delivered. Chair King: Thank you. City of Miami Page 1 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 16734 Honoree Presenter Protocol Item Coconut Grove Crisis Food Pantry Mayor and Commissioners Proclamation Emilio Estefan Mayor and Commissioners Key to the City Amara La Negra Mayor and Commissioners Key to the City Monty Trainer Mayor and Commissioners Recognition RESULT: PRESENTED Chair King: Good morning, everyone. Thank you for showing up to our City of Miami Commission meeting for September 26th. I wanted to make an announcement to let you know we are going to begin shortly. I'm just waiting for one more of my colleagues who isn't here as yet, and then we'll get going. But I'm so happy to see all of you here advocating on behalf of your issues. And as soon as my other colleague joins us, we will get started. Apologies for the delay. [Later...] Chair King: Good morning again. We are going to get started with our recognitions and proclamations for this morning's meeting. We're excited. We are celebrating Hispanic Heritage Month and as such, I'd like to say happy Hispanic Heritage Month. (FOREIGN LANGUAGE). My Spanish is small but I'm learning (FOREIGN LANGUAGE). Applause. Chair King: I learn something new every day. I get better and better, and I love being able to communicate in a second language. Every day I learn that there's so much more to learn. But again, welcome to our City of Miami Commission meeting for September 26th, 2024. I am going to hand the mic over to our mayor, who is going to kick off our presentations. Presentations made. 1) Mayor Suarez and Commissioners presented a Proclamation to commend and celebrate the Coconut Grove Crisis Food Pantry celebrating 40 years of working to ensure that no one in the community goes hungry. Since its inception at Christ Episcopal in 1984, the Coconut Grove Crisis Food Pantry has been a beacon of hope and compassion, tirelessly serving individuals and families. The Coconut Grove Crisis Food Pantry's mission is to improve the lives of those in need by providing essential food resources. Their work reinforces the bonds of our diverse community and supports a caring environment to those .facing .food insecurity. The Coconut Grove Crisis Food Pantry staffed by dedicated volunteers, neighbors helping neighbors, embody the spirit of community service and generosity. The City of Miami Page 2 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Coconut Grove Crisis Food Pantry delivered 11,475 bags of groceries which contained 152,880 food items. The Coconut Grove Crisis Food Pantry receives no government aid, however, is supported by local businesses and funded by St. Stephen 's Episcopal, Plymouth Congregational and St. Phillips's Episcopal, religious institutions addressing immediate needs. The impact of the Coconut Grove Crisis Food Pantry extends beyond the provision of food, as it cultivates a sense of belonging and support among staff and those they serve. Elected Officials paused in their deliberations of governance to acknowledge Coconut Grove Crisis Food Pantry for its dedication to the community with their extraordinary achievement improving the quality of life for the community of the City of Miami. 2) Mayor Suarez and Commissioners presented a Key to the City to Mr. Emilio Estefan. Mr. Estefan is a founding member of the Latin Recording Academy, playing a key role in launching the Latin Grammy Awards. Mr. Estefan has been instrumental in bridging the gap between Latin and mainstream music, creating the crossover of Latin music in the world. In 2014, Mr. Estefan was appointed as the Special Ambassador of Miami -Dade County. Mr. Estefan is a true ambassador for Miami, promoting our city wherever he goes, he highlights Miami's vibrant culture and rich diversity in every corner of the world. Mr. Estefan inspires pride among Miami residents, making us all feel connected to his achievements. Elected Officials paused in their deliberations of governance to acknowledge his efforts that have significantly elevated Miami's reputation on the global stage. 3) Mayor Suarez and Commissioners presented a Key to the City to Ms. Amara La Negra. Ms. Amara La Negra of Dominican descent and born in Miami, Florida, Amara La Negra, whose birth name is Diana Danelys De Los Santos, has captured hearts and minds with her authenticity', talent, and pride in her Afro -Latina roots. She began her artistic career at the remarkable age of 4, dancing on the iconic show "Sabado Gigante. " Her talent and charisma led her to become a backup dancer for legends like Celia Cruz, marking the beginning of a multifaceted career that continues to soar. Ms. Amara has shined in the entertainment world, starring in and hosting various movies and TV shows. Currently, she is one of the main hosts of Desiguales TV, a daily show that connects with the global Latin audience on Univision. Ms. Amara La Negra continues to be an inspiration and leader, using her platform to advocate for diversity, inclusion, and representation in all areas. Elected Officials paused in their deliberations of governance to acknowledge Ms. Amara La Negra emphasizing Afro -Latin the importance of embracing heritage in the City of Miami. 4) Mayor Suarez and Commissioners recognized Monty Trainer (`Monty) who was born in Maine on November 10, 1935, raised in Key West, Florida, and moved to Miami in 1968 after graduating from the University of Florida. Monty is one of Miami's most recognizable names and personas, having established the legendary Monty's Restaurant Raw Bar and Marine in Coconut Grove in September of 1969, which is still thriving today. Monty has been a driving force in Miami's cultural, philanthropic, and arts communities for over 50 years. In recognition of his many contributions, it is fitting and proper to codesignate the portion of Aviation Avenue extending southeast of the intersection of Aviation Avenue and South Bayshore Drive, as the site of Monty's Coconut Grove, as "Monty Trainer Way," to honor his enduring legacy in the Coconut Grove community. City of Miami Page 3 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 ORDER OF THE DAY Chair King: Mr. City Attorney, would you please read your statement for this meeting? George Wysong (City Attorney): Yes, Madam Chair. George Wysong, City Attorney. Welcome. Detailed information about the processes, 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 Citv 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 disclosure required by the city code in writing. A copy of the city code section is available at the Office of the City Clerk or online at www.minicode.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 at least 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 2-33 and Section G of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. The meeting of the Miami City Commission is a limited public forum. Any person may be heard by the City Commission, through the Chair, for not more than two minutes on any proposition before the Chair, before the City Commission, unless modified by the Chair. Public comment will begin at approximately 10:15 a.m. and remain open until public comment is closed by the chairperson. Any person making offensive remarks or who becomes unruly in the City Commission Chambers will be barred from further attending City Commission meetings and may be subject to arrest. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be allowed in the City Commission Chambers. Person exiting the City Commission Chambers shall do so quietly. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.corn/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the 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 until the - - during the meeting to accept comments and distribute to the elected officials, their staff, and City administration up until the chairperson closes public comment. Public comment may also be provided here live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and which item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services ,for this meeting may notify the City Clerk's Office. The City has provided different public comment methods to indicate, among other things, that public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with 286.0114(4)(c) Florida Statute. The public has been given the City of Miami Page 4 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note commissioners have generally been briefed by City staff and 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. Planning and Zoning items, PZ items, shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervener, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at city hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 286.0115 and Section 7.1.4.5 in the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application 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 recommendations they may have. Please silence all cell phones and other noise making devices. This meeting can 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. I'm not sure if this is necessary, but pursuant to Advisory Legal Opinion AGO 2020-03 issued on March 19, 2020, the Florida General opined, and consistent with prior attorney general opinions, a member of local government body who is physically unable to attend a meeting because of medical treatment or due to medical reasons and participate in voting the meetings where a quorum of the other members are physically present. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who are providing testimony or be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of the City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony or 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: 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, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. City of Miami Page 5 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. City Manager, at this time, are there any items on the agenda that administration will pull or defer? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr. City Attorney, Mr. City Clerk. At this time, the administration would like to defer and to withdraw the following items: RE.4, to be withdrawn; FR.2, to be withdrawn; FR.3, to be withdrawn; SR.3, to be deferred to October I0th; and DI.1 to be withdrawn. On the PZ agenda, PZ.4 is to be withdrawn per the appellant's letter of withdrawal, which is dated September 25th, 2024, which is being entered into the record at this time; PZ.5, also to be withdrawn per appellant's letter of withdrawal dated September 25th, 2024, which is also entered into the record; and PZ.6 is to be withdrawn per appellant's letter of withdrawal, dated September 25th, 2024, also to be entered into the record. And that concludes the items. Chair King: Thank you, Mr. City Manager. I understand that you would like to make a presentation? (COMMENTS MADE OFF THE RECORD) Chair King: Please, move forward with it. Mr. Hannon: Chair, is there a motion on the withdrawals -- Chair King: No, I'm going to let him -- I'm going to let him make the presentation and then I'll ask my colleagues if they have items that they would like to defer or withdraw and then we'll move forward with setting the agenda. [Later...] Chair King: Now, at this time, I'm going to ask my colleagues if they would like to withdraw or defer any items on the agenda. Commissioner Pardo? Commissioner Pardo: I'd like to withdraw RE. 7. Chair King: Withdraw RE.7. Anything else? Vice Chair? Vice Chair Carollo: Not at this moment. Chair King: Commissioner Gabela? Commissioner Gabela: (INAUDIBLE). Chair King: Okay. For myself -- Commissioner, I'm sorry. Todd B. Hannon (City Clerk): My apologies, Chair. Commissioner Carollo would like to co-sponsor the following agenda items: RE.3, RE.10, EM.1, and SR.1. Chair King: Thank you. And for myself I would like to indefinitely defer PZ.1, 2, and 3. I would like to wait to see what happens in the November election before we move forward or before I move forward with those items. Vice Chair Carollo: (INAUDIBLE). Chair King: PZ.1, PZ.2, and PZ3. City of Miami Page 6 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: Okay. Mr. Hannon: And Chair, Ijust have a brief statement to read into the record. Chair King: Please. Mr. Hannon: 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 as applicable. Thank you, Chair. Chair King: Thank you. Okay, I believe that we have -- would you like to -- Mr. City Manager, can you read all of the items again to make sure we have it for the record that are going to be withdrawn and/or deferred? Arthur Noriega (City Manager): RE.4, to be withdrawn; RE.7, to be withdrawn; FR.2, to be withdrawn; FR.3, to be withdrawn; SR.3, to be deferred to October IOth; DI.1, to be withdrawn; PZ.1, to be indefinitely deferred; PZ.2, to be indefinitely deferred; PZ.3, to be indefinitely deferred; PZ.4, to be withdrawn; PZ.5, to be withdrawn; and PZ.6, to be withdrawn. Chair King: Thank you, may 1 have a motion? Vice Chair Carollo: Move. Commissioner Gabela: Motion. Chair King: I have a motion and a -- Commissioner Pardo: Second. Chair King: -- second. All in favor? The Commission (Collectively): Aye. Chair King: That sets our agenda for today. City of Miami Page 7 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PUBLIC COMMENTS FOR ALL ITEM(S) 16732 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 26, 2024 CITY COMMISSION MEETING. rRESULT: PRESENTED Chair King: And at this time, we are going to open the floor for public comment. Any person who wishes to speak on behalf of any item that is before us on this agenda, please step forward. Elvis Cruz: Commissioner, perhaps someone can start at the other podium while the IT (Innovation & Technology) puts me online. Chair King.. Perfect. Good morning, sir. Eduardo Navarro: Good morning. My name is Eduardo Navarro, and I am very honored to serve as a volunteer for Miami Bethany Community Services. Today I will speak in favor of Resolution 16508. I have been a resident of Allapattah since I was a child. I have experienced firsthand the shortcoming of a low-income immigrant family where if the rent is paid, there is no food to buy -- there is no money to buy food. Since I met Miami Bethany, I have found food, work, a wife, and above all, hope. Now I want to share this hope with my neighbors, and I am willing to spend long hours of my weekend under the sun and rain in very precarious conditions. I think it is very worth it. Thousands of boxes of food have passed through my hands and before my eyes. I have seen people from all over Miami both crying and laughing. It is gratifying to be part of the solution and not the problem, but at the same time, it is a shame that the City of Miami has abandoned property for so many years when we, who are distributing free food, do not have a decent place to store and prepare. Please, on behalf of Miami's low-income families, I ask for your vote for Resolution 16508. Together, we can make a change in the community. Thank you. Chair King: Thank you. Good morning, Elvis. Mr. Cruz: Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street for PZ.11, 12, and 13. Watson Island was zoned parks and recreation for many decades. It is beyond horrible that this city now wants to enable building 20-story high-rises on Watson Island, which was given to the City by the State of Florida to be a public park. When this was at the PZAB (Planning, Zoning and Appeals Board), the City's attorney said the settlement agreement required the City to apply for rezoning, but you are not required to approve it. So, please don't. However, I am thrilled to see the City is now capable of complying with the settlement agreement. Perhaps Attorneys Wysong, Greco, and Snyder will also have the City comply with the settlement agreement for 5101 Biscayne Boulevard, as I've been trying to do for years, instead of fighting me with arguments about standing, damages, and sovereign immunity. Lastly, it was on May 25th, 2023, a year and 'bur months ago, that this Commission approved funding to fix the flooding by the softball field in Morningside Park, which was caused by the City itself in 2012, 12 years ago. Nothing has happened. Commissioner Pardo, I'm hoping perhaps you can ask the City why nothing has happened and maybe we can get that project fixed. Thank you. City of Miami Page 8 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: Thank you. Good morning. Paul Malavenda: Good morning My name is Dr. Paul Malavenda, and I speak on behalf of PH5. I come from Miami Bethany Community Services and we're a silent partner of the City of Miami helping the homeless and the needy. For the past 29 years, we have been feeding about 1,200 families a week, and we're ready to feed 2,000 families per week with a target of 5,000 families a week. As we enter an era of economic uncertainty, we need your help. And I come here to ask for your help, straight up, because more families are in need. They need food. It's a basic need that people should not be without. Everybody deserves to have food. This building that's found on 815 Northwest 23rd Street has been abandoned for about 44 years and could be used for a specific purpose of helping us to feed more people that the City needs. As a partner of the City, being silent, not taxing the city or creating a burden for the City, we ask you for your help in making this decision so that we can continue to help the city and help more people. Irregardless [sic] of your decision today, we will continue to feed them, but I thank you in advance for making this decision on behalf of Bethany Community Services. Thank you. Chair King: Thank you. Good morning. John Dolson: John Dolson, 4205 Lennox Drive, Coconut Grove. First of all, you took a little of my thunder away this morning. I was going to talk about SR.3 and earning pensions. And one of the things I was going to say is that this, the last eight years, I've seen a very dysfunctional City Commission where people meddle across the lines into one of those projects. That was an awesome video. That gives me hope for the future. That was a great job well done. If you did that all the time, 1 think everybody would say you needed a pension. A good one. Anyway, that's not why I'm here. I'm not going to be here on 10th, so I had to get my shots in. I do want to talk about RE.5. Bring the Freebee back. It's great. We already have a parking problem down here. That is a great solution for letting locals get in here to use the restaurants and shop and be Coconut Grove citizens. So, bring it back. It will be a good deal. Thank you very much. Chair King: Thank you. Good morning. Emily Aldana: Good morning. My name is Emily Aldana, and I have come to ask you to vote in favor of PH.5. I am a dreamer, a nurse, a wife, and a mother. I also have the honor of being the secretary of Miami Bethany Community Services, which interviews the food program beneficiaries every week and listens to their families' moving stories. Our database has recorded more than 7,500 households we serve regularly from the end of the pandemic to today. 89 percent of them live below the poverty level, and 50 -- and more than 50 percent of them do not receive any government help for different reasons. The housing crisis is the most worrying factor, and inflation and the cost of food makes it even more complicated. On the other hand, the food supply we deliver to them each week ranges between $120 to $150, which helps cover the income deficit. I am honored to inform you that we are an oasis in a desert but saddened to recognize that our workplace is very limited. We have plenty of food and our volunteers are growing every day. With the property we're asking for, we could potentially serve 5,000 families in the, first week alone, a significant increase from the current capacity of 1,200. Please consider our organization the best resource in this great city that -- to alleviate the food shortages in regular times and emergencies such as hurricanes and pandemics. We need that property to be the community -armed force that the five districts of the City could count on. I am deeply grateful. Thank you. Chair King: Thank you. Good morning. City of Miami Page 9 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Debbie Dolson: Good morning. Debbie Dolson, 4205 Lennox Drive, Coconut Grove. First, I'd like to again thank you so much for honoring the Coconut Grove Crisis Food Pantry for 40 years of service in Coconut Grove. Which brings me to congratulations to Commissioner Gabela for RE.5, the micro transit initiative. I think that's a wonderful, wonderful service to the community, and I know that it will be used by a lot of people. I'd also like to add that we would love to see that in Coconut Grove, in District 2. We have many people that come to our pantry that are elderly, they're disabled, they don't have transportation. It would be wonderful to have a micro, what's it called, a micro transit vehicle to come to our pantry and pick up their groceries. As has been said before, parking is difficult in the Grove. People ride their bikes, but it would be wonderful to have something like that in District 2 as well. But I hope, Commissioner Gabela, this goes through for your district. I think it's a wonderfirl initiative. Commissioner Gabela: Thankyou, ma'am. I appreciate it. Thankyou. Commissioner Pardo: I did want to let you know, both of you, that our CITT (Citizens' Independent Transportation Trust) funding was just released, I believe, yesterday, which we -- Chair King: Commissioner Pardo? I would rather that we do not engage with the public comment -- Commissioner Pardo: Oh, okay, since he -- Chair King: -- and speak afterward because if we all do that. Commissioner Pardo: Anyhow. Commissioner Gabela: Sorry. Sorry. Chair King: But I agree, that is tremendous and I'm trying to do that in my district as well to bring Freebee into the Upper East Side, to bring more traffic in, because there's -- parking is horrendous. There's no parking. FDOT (Florida Department of Transportation) took 50 or more parking -- on street parking spaces. So, I agree with you. Congratulations. And finish your statement, Commissioner Pardo. I just don't want us to -- I just don't want that to be a free-for-all for us to start engaging with public comment. Commissioner Pardo: I appreciate that. I'll be very brief We've been waiting for three years for that CITT funding. We didn't do a micro transit because of the timing. So, we were really pushing for the CITT, and we got it. So, you'll see something soon. Chair King: Good morning. Armani Alcantara: Good morning. Dear commissioners, my name is Armani Alcantara and I'm here of Miami Bethany Community Services, volunteer, and I'm here to speak in favor of Resolution PH.5. It's my privilege to help families like mine get through the difficult times we all face in this community. I am an orphan of a father, and I see my mother work very hard to put food on the table and help me get ahead in life. Now I am a young man, I want to help others. Every weekend I am proud to use my strength to carry thousands of boxes of food. However, the sad reality is that we are limited by space, conditions, to make more boxes. Fifteen days ago, I came here with great enthusiasm, almost certain that you would grant us permission to use City property. Today I'm 100 percent sure we will return home with a positive response. As a need of urgent, our community cannot wait. Please. A yes from this commission will put a smile on the faces of many single mothers like mine if you help City of Miami Page 10 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 as many girls like my little sister who would go to bed with their stomachs full of healthy food. I know that each of you is a person of compassion and understanding, so I thank you in advance for your consideration and support in this matter. Chair King: Good morning. Ruth Jauregui: Good morning, Honorable Commissioners and Chair. My name is Ruth Jauregui, and I want to speak today about Resolution PH.5. As a teacher, this is my second time coming in this month because I feel compelled to address the work and the urgent needs of thousands of low-income families in our city. Every week, 1 witness the gratitude of our community. People literally kiss our hands and thank us. I've seen Uber drivers dropping off passengers, get down, and ask if they also can have food. I also see the heartbreak of hundreds of families that have to leave empty- handed without any food that they desperately need. Our current setup is limiting our ability to help. With news of rain and storm, our team is scrambling to find ways to protect the food that we have because we don't have a building. Our shirts say 52 al aliio, which means 52 a year, a promise to our community that every week we'll provide a box offood. The problem isn't the availability offood or the commitment of our team. The problem is that we operate outside. Rain or shine, we prepare and distribute thousands of meals, but we lack the space and proper conditions to expand. With your approval to use 850 Northwest 23rd Street, we could serve up to 5, 000 families each week, making a real difference in their lives. Can we please make a decision today? Two weeks ago, I asked you for one box, one with four walls and a roof. On behalf of those who can't afford rent and groceries, I ask for your support, and I am very thankful. Chair King: Thank you. Pedro Aquino: Good morning. My name is Pedro Aquino. I'm here to speak in favor of 5H -- PH.5. I'm a small business owner, a husband, father, and a -- excuse me. I'm honored to have been born in Allapattah. I've taken the role as director of Miami Community Service Food Distribution Program in recent years. Our program has been recognized for its outstanding impact that we've had in our community. We've been awarded a refrigerated truck. We've been recognized at the White House for our leadership and social services. Although we have accomplished all this, we're facing a big hurdle that seems hard but not impossible. Today I stand here before you as -- fully gratitude -- for the opportunity to speak our issues in our communities. We have the supply and volunteers to serve not only our families in our area, but other churches and communities. However, the only limitation we face is the space. Our efforts have been maximized in our facility. We've been working in rain, in sun, and we cannot continue in these matters. And we're here to ask for the support of the commissioners to humbly support us in granting the facility at 850 Northwest 23rd Street to enable us to have the opportunity to not serve only our community, but the entire city. I thank you for your time. Chair King: Thank you. Good morning. Rebecca Jauregui: Good morning, Commissioners. My name is Rebecca Jauregui. That was my sister. And I'm here to support also PH.5. The housing crisis and the increase in food costs are accelerating significantly as we know. And we want to be part of the solution together, hoping to receive the support from those who have promised to unconditionally serve their constituents. As you can see, we're here again, missing work and school. We know that that's tough. We've had people inside and outside with signs, and we just -- we need this decision to be made, and we appreciate your help. Let's put this property that has been abandoned for 40 and more years into operation. At Miami Bethany Community Services, we are fully willing to serve our fellow citizens, free of charge, as we have for the last 29 years, regardless City of Miami Page 11 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 of situation or circumstance. Please vote yes and be part of the solution. We are your allies in combating poverty and malnutrition in this city. Thank you so much for your time and consideration. We appreciate the weight of your decisions, and we are grateful for your commitment. Thank you so much. Chair King: Thank you. Good morning. Joe Camilo: Hi, good morning. My name is Joe Camilo. I am the development director for Miami Bethany Community Services and I'm here to speak in favor of Resolution PH.5. For over 20 years, me and my wife, we have dedicated ourselves to serving the most vulnerable members of our community in Miami. We have done so without discrimination based on nationality, religion, sexual orientation, social and economical status, or immigration status. And throughout this time, 1 have witnessed both the pressing needs in our community and the remarkable growth of our agency, which is good. And we began by serving a handful of families, a small group of families. And today we have the privilege of serving over 1,200 families on a weekly basis, people from our beloved city. And today here, as you've seen, we are joined by many volunteers who have helped us build the largest and most recognized food ministry in the city, the city of Miami. However; we urgently need a suitable space for food preparation and distribution. We need it badly, and we often work long hours. And we work under challenging conditions. But they are always there doing it for the people, for the residents of the city, those who need it. And to complicate things, to complicate matters, last month we had the unfortunate visit of a code enforcement officer letting us know that we have many violations in our location. On the other hand, how can we solve this? There's a location, a property that has been abandoned for over 40 years, property belonging to the city of Miami, and if we have the opportunity to get this place and transform it, to convert it into a proper food bank, it would enable us to store and prepare up to 5,000 boxes of food and distribute those on a weekly basis. These could represent a significant step forward and a brighter future for the whole community. I'm not here to request money or food, but just to let you know, we need it. Thank you. Chair King: Thank you. Thank you. Good morning. Erica Barrios: Good morning. Good morning, Commissioners. Thank you. My, name is Erica Barrios, and I'm a student at 2498 Northwest 35th Street. I am here in support of resolution PH.5. On behalf of Miami Bethany Community Services, I'm sure you've heard everyone's speeches and they're all very moving. I'm confident in the work of Miami Bethany Community Services. I've personally witnessed the struggles of having somewhere to store their food, and I've also witnessed how many people come in weekly to benefit from their services. Please vote in favor of Resolution PH.5. Thank you so much, for your time. Chair King: Thank you. Good morning. Rick Pena: Good morning Commissioners. My name is Rick Pena. I'm a homeowner at 3250 Northeast 1st Avenue and a business owner here with offices in the city of Miami since 2017, and also representing one of my clients at 3500 Curtis Lane, a Coconut Grove residence in support of PZ.20. PZ.20 is a modification -- is a proposed modification to the code to allow taller game court heights. The challenge with the current code is it doesn't differentiate between a site wall and a fence or structure around a game court. So, for example, current code allows fences at eight feet. That's measured from the crown of road. So, if your property is two feet above crown of road, now you have a net six feet to work with, which does not work for tennis courts, and it doesn't work for paddle courts. Paddle courts is one of the fastest growing sports in the world. It's a 10-meter by 20-meter court that's got a 10 foot structure around it and an additional 3 feet of a backstop on the two ends. So, on one City of Miami Page 12 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 of our properties at 3500 Curtis, our client wanted to put a paddle court, and again, the challenge is they viewed those courts as walls and the limitation was -- was eight feet. So, we had proposed to do is we proposed to sink the court by four feet so that our walls would still you know meet code, but you know we in essence create a bathtub. That worked for Planning and Zoning. It didn't work for floodplain, because we're altering the topography of the ground and we're basically creating a tub, so that didn't work. In this one example that we have, the paddle court would go within the building setback, so by code, we could build a two-story structure elevated 10 feet above the ground, which would be as tall as this room, but we couldn't put a paddle court. So, we're here to support the modernization of our code so we can increase the heights of the game courts. Thank you. Chair King: Thank you. Good morning. Sue McConnell: Good morning, Sue McConnell, 3090 Virginia Street. I know you're going to be surprised what I want to talk about, but it's Freebee, and I'm excited to hear what you guys are doing. I just feel like we have Pinecrest and Coral Gables and other places that have it, and we should have it. I have two knee replacements, so you can understand why it's important to me. And my other concern is the fact that I'm wondering if we can regulate these parking lots that charge these people these exorbitant fees when they're late, like 10 or 15 minutes. I get calls all the time. People are worried about it. As 1 told you last time, they're worried about their credit ratings. They're worried about if they put a lien on their house. It's serious. I mean, they're just taking advantage of us. And I know they do own some of those lots, but they lease most of the ones in garages and some other lots. So, if anyone can shed a light on that for me, I'd appreciate it. And I know we're coming up next, right? Okay. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman. My name is James Torres. This morning I'm here as a resident of the downtown community, not as president of the DNA (Downtown Neighbors Alliance). I do want to bring up RE.10, which is the Monty Trainer Way. I've looked it over, and there's a name missing on here, which is Joe Carollo. I don't see him sponsoring it. I'm hoping that he does sponsor it, and maybe you guys can take action on it earlier and move it out of order to approve it as a majority. There's my two cents. Very short and sweet. Vice Chair Carollo: I previously asked for my name to be included. Mr. Torres: Oh, you did? Vice Chair Carollo: At the last meeting, I believe. Todd B. Hannon (City Clerk): And Commissioner Carollo was stated during the order of the day. EM.1 and RE.10 both. Mr. Torres: Perfect. So, hopefully you guys can put it out of order and approve it as a majority. Thank you very much. Looking forward to the budget meeting. Chair King: Thank you. Good morning. Carl Burzenski: Good morning, everyone. I'd like to thank you guys for the opportunity to speak to you guys. Honestly, we're a small business that operates in Miami and we would like some help with SR.2. We recently purchased some properties that have demolition orders on them, and we would like to have the opportunity to improve these buildings and bring them back into the community and actually utilize them as our office for our business. And if there's anything that you City of Miami Page 13 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 guys could do to help us improve the buildings and the area, you know, we would love to. We're committed to invest in it. We're a construction company. We're going to do whatever it's going to take to improve and correct these buildings, so they become a vital part of our community again. Since we've gotten these properties, we've paid all of the delinquent taxes and everything else that's related to us, we would love for your help to help us restore them and bring them back. So, anything that you can do, we'd really appreciate it and thank you. Mr. Hannon: I'm sorry, Chair. Sir, if we could have your name for the record. Mr. Burzenski: Carl Burzenski. Mr. Hannon: Thank you. Chair King: Thank you. Mr. Burzenski: And I -- and I'd like to say one last thing, Christina [sic], honestly, meeting with you and your team was incredible. And it gave us a hope that we could honestly do something together. It would really help everybody. Chair King.. Thank you. Good morning. Christi Tasker: Good morning, commissioners. My name is Cristi Reeves Tasker. I'm here to speak on a couple of different things, AC.1, 16672, which is the attorney -client session that you guys will be going into later. As we all well know, Commissioner Joe Carollo has a judgment against him, but the judgment is not against the City itself. Whether the city attorneys made a wrongful decision in the very beginning to represent him on his personal forefront, the City Charter clearly states that he was supposed to go through the City Manager in order to do anything that he does regarding Code Enforcement. So, I respectfully ask all of you, I understand that Commissioner Pardo was partially funded, and partially funded -- Commissioner Gabela to be elected for office, the same people who have sued Commissioner Carollo. So, I would ask that if you did take -- Commissioner Gabela: Woah, woah, woah. Uh-uh. Let's straighten things out. Chair King: Commissioner, Commissioner -- Commissioner Gabela: What are we talking about here? Chair King: -- please, please, please, please -- Ms. Tasker: Okay. Commissioner Gabela: Okay. Chair King: -- do not interrupt a public commenter. Ms. Tasker: If you'll allow me to finish, please. I'm just respectfully asking that if you guys did take campaign finances from the organization that filed the lawsuit against Commissioner Carollo, that you would take that into account, because we as citizens are going to be looking at that and citizens are going to be taking that into account as to who funded your campaigns, who is actually suing Commissioner Carollo, because at the end of the day, the $12 million is coming out of city taxpayer funds. And then lastly, I want to make sure that you as commissioners know that I never resigned from Code Enforcement Board. I was removed from Code Enforcement Board by the board attorney. I ran for office .for the GOP District 17 Committeewoman. Those City of Miami Page 14 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 qualification papers clearly stated that 1 did not have to step down or be removed from an office per Florida statute. So, I've emailed Commissioner Pardo to let him know, if any of you guys would like that email as well. 1'd gladly email you, but I just wanted you to be aware that the qualification records per Florida statute stated that I did not have to resign. Thank you. Chair King: Thank you. Is there -- Vice Chair Carollo: Chair, we'l1 answer -- Chair King: Hold on a second. Vice Chair Carollo: -- the lady back when this item comes before us? Chair King: Yes. Good morning. Jeannette Rivera: Good morning. My name is Jeannette Rivera and I'm here to, first of all, thank you for the opportunity. Second, I'm here to request you guys consider passing SR.2. We thank Christina [sic] King for spearheading this effort. We purchased these properties with the intent to restore them. We're committed to the community. We've been part of the community for years. We live there. We do our business there; our kids go to the community there, in Christina [sic] King's District. I understand how the City gets to issue orders of demolition on buildings that are completely salvageable. 1 spoke with many of the inspectors of code enforcement and unsafe structures, and they refer to the prior owner as a slumlord. It got to the point where this person did not care. But these buildings do not need to be demolished. We ask for your opportunity, and I cannot sit down without you -- without asking -- you guys give these people the building, because frankly, it makes my problem look very small. Thank you. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street, in support of PH5. I think it's something that we all need, due to the fact we have, as a city, we have several properties that they are being abandoned, technically, and not being taken care of not just in that area, but in other ones. We have other buildings that maybe the City can start either leasing them or using them, or at least keep them a little bit more in better shape. In support of the mini -- the micro transit initiative for District 1, I think it's very important. We have too many seniors who doesn't have transportation. And believe it or not, not just seniors. We have a lot of other people that don't have transportation. They're using those scooters, and sometimes those scooters are not the safe way for them to transit. So, I think it's amazing there are tax dollars actually' going to be paid for something good. SR.1 as well, and PZ.15 for the setbacks and any new construction next to a T3. I believe that not just T5 and T6, but I believe that Planning and Zoning are doing an amazing job trying to correct all those errors that we have in Miami 21. So, PZ.15, I'm in full support, I think we need to look at it at T4. And all the setbacks that they have for new construction, of course, always protecting T3, because residential homes are very important. And before I forget, certificate of use for businesses, I'm going to keep asking you guys to look at it. Sometimes you close businesses immediately, but then you have all the businesses that come in front of our board, and we give them 120 days. We have businesses in two years, they haven't been able to get a certificate of use and BTR (Business Tax Receipt), and they're still open. Then I have to hear businesses that they are closed immediately, and they don't get that chance of 120 days, 60 days, 90 days. It has to be legislation. It has to be you guys that are the ones to -- the ones to actually represent every single person, not just the ones that come in front of the board and get two years. Just think about it. If businesses close now and other ones are not. City of Miami Page 15 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: Thank you. Ms. Betancourt: Thank you so much. Chair King: Thank you. Is there anyone else that would like to speak on behalf of the items before us on the agenda? Is there anyone outside? No one's outside. Okay. Seeing none, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 16 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 CA.1 16533 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING PURSUANT TO THE TERMS AND CONDITIONS OF THE DEPARTMENT OF HOMELAND SECURITY'S ("DHS") SECURING THE CITIES GRANT PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "SECURING THE CITIES (STC) PROGRAM 2024," IN AN AMOUNT NOT TO EXCEED $750,000.00 CONSISTING OF A GRANT FROM DHS FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND NUCLEAR THREATS BY PROVIDING FIRST RESPONDERS WITH THE NECESSARY TRAINING AND EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH THE SAID TERMS AND CONDITIONS. ENACTMENT NUMBER: R-24-0361 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda. CA.2 RESOLUTION 16530 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING EIGHT (8) 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-24-0362 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda. City of Miami Page 17 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 CA.3 RESOLUTION 16333 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 9 / SOUTHWEST 27 AVENUE AT THE INTERSECTION WITH SOUTHWEST 23 STREET, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0363 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda. CA.4 RESOLUTION 16476 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 90/SOUTHWEST 8 STREET FROM SOUTHWEST 4 AVENUE TO SOUTHWEST 2 AVENUE, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0364 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda. CA.5 RESOLUTION 16478 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 7 / NORTHWEST 7 AVENUE FROM NORTH OF NORTHWEST 3 STREET TO SOUTH OF NORTHWEST 8 STREET, AND ON STATE ROAD 933 / NORTHWEST 12 AVENUE AT NORTHWEST 6 STREET, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0365 This matter was ADOPTED on the Consent Agenda. City of Miami Page 18 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda. CA.6 RESOLUTION 16529 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 VARIOUS STATE ROAD 9A ("SR-9A") / INTERSTATE 95 ("1-95") OFF -RAMPS IN MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0366 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda. CA.7 RESOLUTION 16477 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 953/SOUTHWEST- NORTHWEST 42 AVENUE FROM NORTH OF SOUTHWEST 8 STREET TO SOUTH OF NORTHWEST 11 STREET, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0367 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda. City of Miami Page 19 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 CA.8 RESOLUTION 16479 Department of Resilience and Public Works CA.9 16528 Office of the City Attorney 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 ("SR") 886/PORT BOULEVARD FROM SR-5/BISCAYNE BOULEVARD TO PORT MIAMI, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0368 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see "End of Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY HELVIN ALEJANDRO DELGADO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $60,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED HELVIN ALEJANDRO DELGADO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023- 6874-CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-24-0369 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see "End of Consent Agenda. City ofMiami Page 20 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 CA.10 RESOLUTION - Item Pulled from Conseil' 16671 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, INCLUDING BUT NOT LIMITED TO ACTIONS REGARDING QUIET TITLE AND PUBLIC RECORDS, CONCERNING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"). ENACTMENT NUMBER: R-24-0370 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Vice Chair Carollo: CA.I0. Can this be explained further? I didn't quite understand what this is all about. Arthur Noriega (City Manager): Happy to, Commissioner. So, for many years, obviously the City, through the Miami Parking Authority, has operated the lots in the center median of Biscayne Boulevard, across from Bayfront Park, across from Bayside, and on occasion the Florida Department of Transportation has indicated or asserted that they have ownership of that right-of-way. We have, you know, indicated that they are incorrect and have at times required that they display -- show proof. We've been operating it for years, for decades. Vice Chair Carollo: We're talking about in Biscayne Boulevard. Mr. Noriega: Correct. Vice Chair Carollo: The medians there. Mr. Noriega: They have never done so. And as a result, since we've gone through this process with them, it's been sort of a circular process. We thought it's probably the opportune time to finally claim and establish title legally. And so that's what this item is about. Vice Chair Carollo: Okay. That's fine. That's a good reason. I make the motion. Chair King: I have a motion. A second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The motion carries unanimously. City of Miami Page 21 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 END OF CONSENT AGENDA Chair King: I'm going to ask my colleagues, for the Consent Agenda items, are there any items that you would like to pull for discussion? That's CA -- Vice Chair Carollo: Yes. Just for some brief questions that 1 have on CA.10, I don't think there should be much problems with it, but ifI could pull it. Chair King: Okay. All right. So, may 1 have a notion to pass -- Vice Chair Carollo: Move. Chair King: -- CA.1, 2, 3, 4, 5, 6, 7, 8 and 9? Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Gabela: That was 1 through 9, right? Vice Chair Carollo: Yes. Chair King: 1 through 9. City of Miami Page 22 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 16522 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2024-2025, IN THE AMOUNT OF $763,571.00 IN THE PUBLIC SERVICE CATEGORY AND AN ADDITIONAL AMOUNT OF $11,631.00 UNSPENT FUNDS FROM PREVIOUS YEAR PROGRAM INCOME, FOR A TOTAL AMOUNT OF $775,202.00, TO THE AGENCIES/AND OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE AND ECONOMIC DEVELOPMENT ACTIVITIES, BEGINNING OCTOBER 1, 2024; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUND, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0371 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 Chair King: And at this time I'm going to ask if there are any of the PH (Public Hearing) items that my colleagues would like to pull for discussion. Vice Chair Carollo: No. Commissioner Pardo: No. Chair King: No? May I have a motion -- Vice Chair Carollo: Move. Chair King: -- for PH.1, 2, 3 -- Vice Chair Carollo: Move. Chair King: -- and 4? Commissioner Pardo: Second. Chair King: I have a motion and a second. Todd B. Hannon (City Clerk): Chair? My apologies, it's my understanding that Exhibit needs to be revised for PH.1. City of Miami Page 23 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: So, PH.1 as amended. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Gabela: That was PH.1, right? Alone? Chair King: No, PH.1 through 4. Commissioner Gabela: 1 through 4. Chair King: And yours passed unanimously. George Wysong (City Attorney): And just to reflect, since PH.3 was a four -fifth, we had a four -- four votes. Chair King: Yes. PH.2 RESOLUTION 16524 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2024-2025 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910199.481000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0372 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.2, please see Item Number PH.1. City of Miami Page 24 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PH.3 RESOLUTION 16635 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOREVER BOND ("MFB") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION NINE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,900,000.00) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MFB PROGRAMS ("FUNDS") TO 5215 FLAGLER STREET, LLC ("DEVELOPER"), TO CONSTRUCT AN AFFORDABLE HOUSING DEVELOPMENT, LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. ENACTMENT NUMBER: R-24-0373 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.1. City ofMiami Page 25 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PH.4 RESOLUTION 16634 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MODIFYING THE REQUIREMENTS AND GUIDELINES OF THE EXPANDED FIRST TIME HOMEBUYER PROGRAM DESCRIBED IN RESOLUTION NO. R-22-0211 ("EXPANDED PROGRAM") AND MODIFIED BY RESOLUTION NOS. R-22-0346 AND R-23-0521 BY REQUIRING APPLICANTS TO SECURE A FIRST MORTGAGE IN AN AMOUNT THAT WOULD RESULT IN A TOTAL PAYMENT, INCLUSIVE OF PRINCIPAL, INTEREST, TAXES, AND INSURANCE, UP TO THIRTY PERCENT (30%) OF THE APPLICANT'S TOTAL GROSS FAMILY INCOME AS IDENTIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; EXCEPT FOR THE EXCEPTIONS STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0374 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.1. PH.5 RESOLUTION 16508 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED PROPERTIES LOCATED AT 850 NORTHWEST 23 STREET AND 920 NORTHWEST 23 STREET, MIAMI, FLORIDA, 33127, FOR BENEVOLENT AND CHARITABLE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, FOOD DISTRIBUTION TO THE NEEDY ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS OR OTHER DOCUMENTS, INCLUDING AMENDMENTS TO THE LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO PROCEED WITH THE PROJECT, ALL IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. ENACTMENT NUMBER: R-24-0375 City ofMiami Page 26 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 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 additional minutes referencing Item Number PH.5, please see "Public Comments for all Item(s)." Commissioner Gabela: Madam Chair, can I speak out of order one minute? Can we take a vote on the PH.5, so we don't have people waiting here all day long? Vice Chair Carollo: Yes, that would be good. Chair King: Absolutely, and I'd also like to be shown as a co-sponsor. Food -- Commissioner Pardo: I do as well. Vice Chair Carollo: Yeah, likewise. Chair King: -- insecurity in our community -- Vice Chair Carollo: Likewise. Chair King: -- is unfortunately a thing, a real thing, food insecurity. We have it throughout the city, no matter where we are. It is a thing, and it saddens me, and I want to do everything I can to support so that someday we don't have a food insecurity in our community. So, do I have a motion -- Commissioner Gabela: Motion. Vice Chair Carollo: Move. Chair King: -- for PH.5? Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Gabela: Thank you. Chair King: Thank you all. Thank you for your advocacy and thank you for what you do for the community. END OF PUBLIC HEARINGS City of Miami Page 27 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16557 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 225 NORTHWEST 16 STREET, MIAMI, FLORIDA, CASE NUMBER CE2014013873, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela ABSTAIN: Pardo ABSENT: Reyes Note for the Record: Item RE.1 was deferred to the October 10, 2024, City Commission Meeting. Note for the Record: Commissioner Pardo abstained from voting on item RE.1 and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the Office of the City Clerk on September 26, 2024, in compliance with Section 112.3143, Florida Statutes. Chair King: And at this time, we'll take up our mitigation items, RE.1. Robert Santos-Alborna: Good morning, Commissioners. Chairwoman; Robert Santos- Alborna, code compliance director. RE.1 is a mitigation of a property located at 225 Northwest 16th Street. This is an eight -unit apartment, a multi family residential. Respondent is 225 Group LLC. (Limited Liability Company). NOV (Notice of Violation) was issued on September 11, 2014, for operating without a certificate of use; adjudicated on June loth, 2015. Violation ran for 3,293 days, accruing a total of $823,250. Since I last met with each of you, I have spoken with counsel for respondent, and the offer has been doubled from the last time. And so respondent is offering $30,000, which is right below 4 percent. Chair King: How much? Mr. Santos-Alborna: $30,000. Chair King: (INAUDIBLE). Mr. Santos-Alborna: It's 3.6 percent to be exact. Chair King: Okay. City of Miami Page 28 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Mr. Santos-Alborna: Part of a discussion when I met with each of you was the value of the property, which according to the property appraiser, and it should be as a point of reference for you, is $327,402. Chair King: Okay. Good morning. Javier Salmon: Good morning. Chair King: You going to make your presentation? Mr. Salmon: We're just here to make sure that the -- in support of the staffs recommendation for approval for the amount that we agreed to. Chair King: Staff hasn't recommended anything. They're just telling me what you have proposed. Mr. Salmon: Yes, ma'am. I'd like to say that this property had gone into a situation with regards to unsafe structures. And as part of the notification, I was told that I had been notified of the lack of a CU (Certificate of Use), which is the reason that we're here. It 's a paperwork issue. We have since cleared all the violations and gotten our TCU (Temporary Certificate of Use). We're just trying to adjudicate this so that we can just finish clearing up this property. We have spent hundreds of thousands of dollars repairing and bringing this building back up to code and it's now a very nice building and a contributing member of the community. We provide affordable rents for people to live there and we're looking for some help in just mitigating this amount that we did not realize that it existed until we went for some financing, and it came up as a cloud on our title. And so, we're here to try and resolve this issue, please. Chair King: Director? I believe they said they didn't get notice. I believe that's what he said. Rachel Dooley (Assistant City Attorney, Supervisor): Good morning. Rachel Dooley on behalf of the Office of the City Attorney. The City's reviewed all of the notices, which is the first thing we do, and notice was sent to all the proper addresses, registered agents, as well as being posted at the property. So, notice in terms of the original violation and the hearings and including the final administrative order, which is sent out, as well as collection notices, which would have gone out every six months, go to the addresses as provided by the Miami -Dade Property Appraiser. If somebody doesn't receive it from somebody at their business, or they're not checking the property, or they have their mail going to the property, that's the issue of the property owner. But the notice itself, in fact, did go where it was supposed to go. Now, whether or not he received it, that's not a requirement of the law. The requirement is that we have sent it. If we had found that there was a flaw in the notice, we would actually reverse the lien and release it without even having a hearing, because notice is essential in order to be able to record the lien. Chair King: I just wanted to make sure that we put that on the record, and this seems to border egregious, because it racked up fines for 3,293 days of not having a CU. Mr. Santos-Alborna: Correct. Chair King: Correct? And that's substantial. Find that to be substantial. And the offer is again? Mr. Santos-Alborna: The last offer that I met, as a matter of fact, yesterday was $30, 000. City of Miami Page 29 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: Which is what percentage? Mr. Santos-Alborna: Which is 3.6 percent. Chair King: We typically don't go below 15 percent. Mr. Salmon: It's also about 10 percent of the value of the property. Chair King: 1 understand that, but the reason why we have this is because we are not trying to give property owners who don't follow the rules, any special treatment -- hold it, let me finish, let me finish, and this is why this comes before us. The City does their job, the City goes out, you have had notice, there's no notice issue, and 1 cannot accept 3.6 percent for this, particularly for how long it ran, you did have notice, and 1 don't want other property owners to come, and I have -- and I believe I am the sternest of my colleagues, I have required bad actors to pay the entire amount of the fine. The entire amount of the fine. So, 3.6 percent, while I appreciate that you're giving -- that would be $30, 000, your fine is almost a million dollars, $823,250. So, I would be willing to accept 10 percent, but I won't go any lower than 10 percent. And I'm usually at 15 percent., 20 percent. Mr. Salmon: Ma'am, 1 hear your position. I don't disagree with the need to enforce. We worked very hard to get this building back up and get it corrected and get -- clear all the violations. We now have our 40-year recertification for the next 10 years. When we became aware of it, and I have to say that we have become aware of it, the City has posted the site, but I don't recall ever receiving any notification of the fine. And (UNINTELLIGIBLE) and as soon as I found out, as soon as it came up as an issue, we got it in less than 30 days. We got a TCU, and we did it right away, and it passed with flying colors upon the first inspection, which if you know how that works, doesn't really happen very often. So, we actually presented the application, brought all the paperwork in, got the inspections done in less than 30 days. It was not a willful flaunting of the law or a willful intent to do so -- Chair King: Is this your attorney next to you? How come you're not helping, speaking? Mr. Salmon: Because he has an issue -- he was not -- Daniel Alvarez: I wasn't able to get a lobbying license in time. Chair King: I see. (COMMENTS MADE OFF THE RECORD) Chair King: Right. You don't have to have a lobbying license. Ms. Dooley: Yeah, this is quasi-judicial. Chair King: Right. So, you -- Mr. Alvarez: They told me it was required. I would just briefly kind of chime in here if I may. The fine itself is, you know, almost $500, 000 in excess of the property value. So, to account for 10 percent of the fine would (UNINTELLIGIBLE) you know, over 50 percent more of the property value, which would be, you know, not necessarily the most equitable solution to, you know, the citizens of the city of Miami. So, the offer was 10 percent of the property value to kind of, you know, account for the fact that the, you know, the fine itself is $500,000 in excess of the property value. So, City of Miami Page 30 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 recognizing that, you know, it's the commissioner's responsibility to make sure that they're enforcing these kind of actions, we've made an offer for, you know, 10 percent of the property value to kind of mitigate that and, you know, balance the equity of both the excess of the fine and, you know, getting the TCU, like, in time, now that -- Chair King: I'll do this for you. I'll do this for you, because I heard you say that you are trying to offer affordable housing. Is that correct? Mr. Alvarez: That is correct. Chair King: Okay. So how about I defer this to the next meeting so that my staff could take a look at what it is that you propose for this property, and we'll come back to this, because I'm standing firm with 10 percent. Mr. Salmon: Is there any way we could come to an agreement that would be more equitable? Chair King: Well, I just -- Mr. Salmon: I mean, because $80,000 is a pile of money. Chair King: Sir, sir, sir, 1 just gave you a win. 1 said I will take a look at it. I'll have my staff take a look at it. If you are, in fact, offering affordable housing, then I would be willing -- Mr. Salmon: Go ahead. Chair King: Is it not affordable housing? Mr. Salmon: It is below the market area for the area. Chair King: So, it's not affordable housing? Mr. Salmon: It's not designated as affordable housing -- Chair King: I understand. Mr. Salmon: -- although we do have some program people in the building, and we work with them. Chair King: So, you see, sir, what I'm trying to do is offer you a lifeline if you are providing affordable housing. But what you're saying to me now is that you're not and therefore you're going to be making money on this property. So, the fact that what you think it's valued at now, and you're trying to offer me 10 percent of the value now, the property is going to generate substantial income. And again, this puts us in a place where you come before us, you've let this run for 3,000 plus days. The fine is over $800,000. You're going to be making a profit off of this property, and you want us to mitigate your actions. It's not fair. It's not fair to the rest of the folks that come before us for mitigation. It's not fair to the staff who has to do the work, and this is precisely why we have these mitigations. You can take nay offer, and I'll defer this, and we can talk about what it is that the property is proposed for, and if you are in fact offering affordable housing, I will be willing to work with you. If not, it stands at 10 percent. Your choice. Mr. Alvarez: Give me one second here to confer with my client. City of Miami Page 31 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Mr. Salmon: Ms. King, I apologize, 1 had never met you before. 1 wish 1 had had the opportunity to meet you prior and present my case in private. Is there any -- Chair King: You can still do that now, sir. I'm giving you the opportunity for me to defer this so that you can meet with my staff and we could discuss this, or I'll be asking my colleagues to support my request for 10 percent. (COMMENTS MADE OFF THE RECORD) Mr. Salmon: What would the -- can we prove that it's less than the market? Is that -- is that what we're looking at doing? Chair King: This is the last time I'm going to say this. Mr. Salmon: I'm sorry. Chair King: I'm giving you the opportunity for me to defer this matter until our next Commission meeting so that we can discuss all of this. (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: Listen, take the deferment. Take the deferment. Mr. Alvarez: We'll take the deferment. Thank you. Mr. Salmon: We'll take the deferment. Upon advice of counsel, we'll take the deferment to the next commission meeting. Mr. Alvarez: Yes. Mr. Salmon: That is a date certain? Chair King: It is a date certain. Mr. Salmon: Very good. Then we'll be back for that. Thank you very much. Chair King: October 10th. Mr. Santos-Alborna: October loth. Chair King: So, I would like to defer this -- Mr. Salmon: October 10th. Chair King: -- to the October 10th meeting. Commissioner Gabela: Motion. Mr. Salmon: Thank you very much. Chair King: Thank you, sir. Mr. Salmon: I look forward to working with your staff. Chair King: Thank you. Todd B. Hannon (City Clerk): Is there a second to Commissioner Gabela's motion? City of Miami Page 32 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Commissioner Pardo: One abstention. Chair King: With an abstention. George Wysong (City Attorney): Wait, wait, who's abstaining? Commissioner Pardo: Me. Mr. Wysong: Unfortunately, under the Florida Law 286, you can't abstain unless you have a conflict of interest, or under quasi-judicial matters if you think there's bias or something like that. Commissioner Pardo: He's a personal friend (UNINTELLIGIBLE). Mr. Hannon: Commissioner Pardo, we cannot hear von on the record. Commissioner Pardo: Oh, we're personal friends since childhood. Mr. Wysong: Okay, that's sufficient because that is -- Commissioner Pardo: Right. Mr. Wysong: -- you're fearful that the bias of this friendship is affecting your vote. So, yeah, that's perfect. We'll get you the form, thank you. Chair King: Okay, so I have a motion and a second to defer the item. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries 3-1 with an abstention. City of Miami Page 33 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.2 RESOLUTION 16587 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 460 NORTHEAST 28 STREET, CU-1, MIAMI, FLORIDA, CASE NUMBER CE2021005143, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0376 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Chair King: RE.2? Robert Santos-Alborna (Director, Code Compliance): Okay, counsel is here. Good morning, Chairwoman, Commissioners. RE.2 is a mitigation of a property located at 460 Northeast 28th Street. The respondent is Miami Blue Investments, LLC (Limited Liability Company). NOV (Notice of Violation) was issued on March 16, 2021 for failure to obtain CU (Certificate of Use), BTR (Business Tax Receipt), and failure to obtain warrant. Adjudicated on March 9, 2022, violation ran for 729 days, accruing a total of $364,500 and the offer from the respondent is $36,450 which is 10 percent. Chair King: Commissioner Pardo, I believe this is your district. Rachel Dooley (Assistant City Attorney, Supervisor): Yes. Commissioner Pardo: Yes. Ms. Dooley: And Good morning. Rachel, on behalf of the City Attorney's Office just to let you know, the current owner was not the violating property owner. Commissioner Pardo: Right. Ms. Dooley: That's all I'm adding. Chair King: Ma'am? Miriam Soler Ramos: Good morning, Madam Chairwoman and members of the Commission. Miriam Soler Ramos, with offices at 701 Brickell Avenue, representing Miami Blue Investments, LLC. Commissioner, we met with your office and explained - Commissioner Pardo: Yes. City of Miami Page 34 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Ms. Soler Ramos: -- the circumstances. This is a new property owner who's working with the tenant. Essentially, it arises from the fact that it's a little market. They want to be able to put some chairs out. They put them out, they get violated, they come back. So, they're in this circle. They're trying to get a warrant to put some chairs outside and some chairs inside, but for the moment they understand that they need to comply. They are currently in compliance and we're asking for a reduction to 10 percent. Commissioner Pardo: Yeah, and I thought that was fair based on our conversations. Chair King: Do 1 have a motion? Commissioner Gabela: Motion. Commissioner Pardo: I'll make a motion. Chair King: I'll second. All in favor? The Commission (Collectively): Aye. Ms. Soler Ramos: Thank you. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Mr. Santos-Alborna: Thank you. City of Miami Page 35 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.3 RESOLUTION 16615 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROJECT TO ENHANCE TRAFFIC SAFETY FOR PEDESTRIANS AND VEHICLES ON STATE ROAD ("SR") 934 / NORTHWEST 79 STREET FROM NORTHWEST 27 AVENUE TO NORTHWEST 1 PLACE WITHIN THE LIMITS OF THE CITY OF MIAMI ("CITY") INCLUDING THE REMOVAL OF THIRTEEN (13) ON -STREET PARKING SPACES, LOCATED ON SR 934 / NORTHWEST 79 STREET BETWEEN NORTHWEST 6 AVENUE AND NORTHWEST 4 AVENUE, AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DISTRICT SECRETARY OF THE FDOT, DISTRICT SIX; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0377 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 additional minutes referencing Item Number RE.3, please see "Order of the Day." Chair King: And at this time, may I have a motion for RE.3, RE -- Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: Wait, let me read them out. RE.3, RE.8, RE.9, RE.10, RE.11, and RE.12. Commissioner Pardo: I'd like to pull RE.11. Chair King: Okay. We'll pull RE.11. So -- Todd B. Hannon (City Clerk): And Chair, my apologies, RE.10 will be as amended. Chair King: As amended. Okay, let me read that again. RE.3, RE.8, RE.9 and RE.12. Motion? Commissioner Gabela: Motion. Mr. Hannon: And RE.10. Chair King: And RE.10, I'm sorry. RE.10. May I have a motion? Vice Chair Carollo: Okay, hold on. RE. 7 was withdrawn? Chair King: Yes, and RE.4 was withdrawn. City of Miami Page 36 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: And RE.6, I asked for it to be (UNINTELLIGIBLE) to go over it quickly. Chair King: Right, and I pulled RE.5 and Commissioner Pardo pulled RE -- Commissioner Gabela: RE.5, 6, and 11 are pulled. Chair King: 5, 6, and 11. Thank you. Vice Chair Carollo: Yeah, and RE.4 is withdrawn also. Chair King: Yes. Vice Chair Carollo: Alright. Chair King: Alright, so I have a motion and a second, all in favor? The Commission (Collectively): Aye. Chair King: Carries unanimously. Yeah. City of Miami Page 37 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.4 RESOLUTION 16125 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING UPFRONT PAYMENT OF LEGAL FEES FOR CURRENT AND FORMER ELECTED OFFICIALS IN CASES WHERE OUTSIDE COUNSEL IS REQUIRED DUE TO CONFLICTS OF INTEREST, EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY ATTORNEY; DIRECTING THE CITY ATTORNEY TO REVIEW AND RECOMMEND WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS RESOLUTION WHETHER TO CONTINUE SUCH ENGAGEMENTS ON A CASE -BY -CASE BASIS; FURTHER DIRECTING THE CITY ATTORNEY TO REVIEW FUTURE CASES INVOLVING CURRENT OR FORMER ELECTED OFFICIALS THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST AND RECOMMEND WHETHER TO ENGAGE OUTSIDE COUNSEL, INCLUDING ESTIMATED COSTS, AND TO PROCEED IF THERE ARE NO OBJECTIONS FROM THE CITY COMMISSION, EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY ATTORNEY; DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY'S INSURANCE BROKER TO EVALUATE WHETHER IT IS FINANCIALLY PRUDENT AND FEASIBLE TO OBTAIN NEW PUBLIC OFFICIALS & EMPLOYMENT PRACTICE AND LAW ENFORCEMENT LIABILITY POLICIES WITH AN ALTERNATE INSURANCE CARRIER AND TO PRESENT HIS FINDINGS WITHIN NINETY (90) DAYS FROM THE DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE.4, please see "Order of the Day." City ofMiami Page 38 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.5 RESOLUTION 16653 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AND APPROPRIATING FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED FOUR THOUSAND, SEVEN HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($404,727.00) ("FUNDS") FOR THE PROVISION OF A ELECTRIC MICRO TRANSPORTATION SERVICE FOR THE ALLAPATTAH NEIGHBORHOOD TO BE KNOWN AS "DISTRICT 1 MICROTRANSIT INITIATIVE" ("PROJECT"); AUTHORIZING THE EXPENDITURE OF THE HEREIN APPROPRIATED FUNDS IN THE PROCUREMENT OF GOODS AND SERVICES BY AWARD OR CONTRACT FOR THE SAME BY THE CITY COMMISSION FOLLOWING THE USE, IF APPLICABLE, OF COMPETITIVE NEGOTIATIONS UNLESS THE AWARD OF SUCH CONTRACT BY THE CITY MANAGER IS EXPRESSLY ALLOWED UNDER CHARTER AND CITY CODE PROVISIONS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE AND AMEND THE CAPITAL PLAN, THE CITY'S ADOPTED OPERATING BUDGET, 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 NECESSARY, INCLUDING, BUT NOT LIMITED TO AGREEMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0378 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number RE.5, please see "Public Comments for all Item(s)." Chair King: Now I'm going to ask my colleagues, are there any items on the Resolution agenda that you would like to pull for discussion? That would be RE.1 through RE.12, with RE.4 and 7 withdrawn. Commissioner Pardo: RE.11. Chair King: Wait a second. Wait a second. George Wysong (City Attorney): RE.1 and RE.2 are quasi-judicial mitigations. Vice Chair Carollo: Yeah. City of Miami Page 39 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: Right, right. 1 know. 1 know. Those are mitigations. 1 know that. And RE.10 is a four -fifths. Todd B. Hannon (City Clerk): And my apologies. RE.10 will need to be heard after EM.1. Mr. Wysong: Yes. Commissioner Pardo: Correct. Chair King: Oh, that's right. Okay. So, we'll hold out RE.10. Vice Chair Carollo: If we could pull RE.6 to get further clarification on it. Chair King: Okay. I'd like to pull RE.5. Vice Chair Carollo: Okay. Commissioner Gabela: That's my item. Chair King: Yeah, 1 know. [Later...] Chair King: So, may I have a motion to pass RE.5? Commissioner Gabela: Motion. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Gabela: Thank you. City of Miami Page 40 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.6 RESOLUTION 16668 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," WAIVING THE TIME LIMITATION OF TEN (10) TEMPORARY EVENTS FOR A MAXIMUM OF TWO (2) WEEKS EACH PER YEAR ON PUBLIC PROPERTY FOR SPECIAL EVENTS THAT ARE HELD AT 3385 PAN AMERICAN DRIVE, MIAMI, FLORIDA, FROM OCTOBER 1, 2024 THROUGH DECEMBER 31, 2024, WITH CONDITIONS AS STATED HEREIN. ENACTMENT NUMBER: R-24-0379 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 RE.6, please see Item Number RE.5. Chair King: Okay, I no longer need to discuss RE.5. You wanted to get some information on RE.6? Vice Chair Carollo: Yes. Commissioner Gabela: So, should I make a motion for RE.5? Chair King: Not yet. Vice Chair Carollo: To be included -- Commissioner Gabela: Okay. Vice Chair Carollo: -- on RE.6, the only question that I have is this is not going to include any of the grass area in the Regatta Park, whatsoever. Am I correct in that? Commissioner Pardo: I don't know if it includes the grass area. I know it's for the Latin Grammys and Amigos for Kids. Vice Chair Carollo: Yeah, but -- well. Okay, so I thought you might know. Let me go to the administration, see if they know. Commissioner Pardo: Or the Mayor's Office. Vice Chair Carollo: Yeah, okay. Mr. Manager, I just want to make sure that what we're approving here, is for inside the hangars and not so that we use up to 20 weeks out of the year, all the grass area in Regatta Park, and we just got it looking really green now, and then get it torn up non-stop. City of Miami Page 41 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Arthur Noriega (City Manager): Yeah, that's the intent, sir. Vice Chair Carollo: Okay, so can we include in this that this is not for the grass area in Regatta Park? Mr. Noriega: You sponsored the item, I mean. Commissioner Pardo: Well, and then the Mayor's Office as well. So, I -- Mr. Noriega: Yeah, 1'm assuming -- are you fine with that? Commissioner Pardo: I don't want to give that opinion untill know the area. Mr. Noriega: Oh, okay. Vice Chair Carollo: Okay, can we -- Commissioner Pardo: So, I need to see it on a map. Mr. Noriega: Yeah. Vice Chair Carollo: -- can we leave it then for later? Until we get the answer. Commissioner Pardo: I'm okay with that. Vice Chair Carollo: Okay. Chair King: Okay. Commissioner Pardo: I'm okay deferring it. [Later...] Chair King: Mr. City Attorney, would you please read the titles of SR.1 and SR.2 for the record? I'm sorry, I see one of my colleagues would like to say something. Commissioner Pardo. Commissioner Pardo: On RE.6, could we bring that back? I was able to see a map and it won 't impact any grass or anything else. Chair King: Absolutely. Vice Chair Carollo: If we could vote on that with the map that you and I both were given as an attachment and that will include no area -- no grass area of Regatta Park will be used. Commissioner Pardo: I'm fine with that. Vice Chair Carollo: Okay. Arthur Noriega (City Manager): Correct, Commissioner. Vice Chair Carollo: So, I -- Mr. Noriega: And it's been submitted to the clerkfor the record. City of Miami Page 42 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: Yeah. 1 will make the motion. Chair King: So, I have a motion for RE.6 -- Commissioner Pardo: Second. Chair King: -- as amended. All in favor? The Commission (Collectively): Ave. Chair King: Motion carries. RE.7 RESOLUTION 16669 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TRAFFIC DIVISION ("COUNTY") TO RESTRICT VEHICULAR ACCESS TO FLAGLER STREET, FROM BISCAYNE BLVD TO NORTHEAST 2 AVENUE, ON WEEKENDS (FRIDAY-SUNDAY) AND FOR OTHER STREET EVENTS THAT MAY OCCUR FROM TIME TO TIME, FOR A PERIOD OF ONE YEAR. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE.7, please see "Order of the Day." City of Miami Page 43 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.8 RESOLUTION 16632 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BRIGHTLINE TRAINS FLORIDA LLC ("BRIGHTLINE") AND ITS CONSULTANT, SCS ENGINEERS ("SCS"), FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THE AGREEMENT, TO ACCESS CITY OF MIAMI ("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01-0100-000-0555 ("PROPERTY") FOR THE COLLECTION OF SOIL SAMPLES AND THE INSTALLATION AND SAMPLING OF A SHALLOW GROUNDWATER MONITORING WELL, AS REQUIRED BY MIAMI- DADE COUNTY DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT ("DERM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. ENACTMENT NUMBER: R-24-0380 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 RE.8, please see Item Number RE.3. RE.9 RESOLUTION 16678 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," WAIVING THE TIME LIMITATION OF TEN (10) TEMPORARY EVENTS FOR A MAXIMUM OF TWO (2) WEEKS EACH PER YEAR ON PUBLIC PROPERTY FOR 2024 CARNIVAL EVENTS TO BE HELD AT THE 9TH STREET MALL IN HISTORIC OVERTOWN FROM OCTOBER 10 THROUGH OCTOBER 14, 2024, WITH CONDITIONS AS STATED HEREIN. ENACTMENT NUMBER: R-24-0381 City ofMiami Page 44 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.10 16604 Commissioners and Mayor 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 RE.9, please see Item Number RE.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), CODESIGNATING THE PORTION OF AVIATION AVENUE EXTENDING SOUTHEAST FROM THE INTERSECTION OF AVIATION AVENUE AND SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS "MONTY TRAINER WAY," IN HONOR OF MONTY TRAINER AND HIS SIGNIFICANT CONTRIBUTIONS TO THE COCONUT GROVE COMMUNITY; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0382 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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 RE.10, please see "Public Comments for all Item(s) ", "Order of the Day", Item Number RE.3, and Item Number RE.5. City ofMiami Page 45 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.11 16670 Outside Counsel RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC (THE "MAD ROOM LITIGATION SETTLEMENT AGREEMENT") AND NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN; AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT AND RELEASE WITH QBE SPECIALTY INSURANCE COMPANY (THE "QBE SETTLEMENT AGREEMENT") WITH RESPECT TO QBE PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY POLICY # QPO01103-04 ISSUED TO THE CITY; POLICY PERIOD 11/01/20 TO 11/01/21 (THE "POLICY"); FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE OR DIRECT PAYMENT, PURSUANT TO THE TERMS OF THE MAD ROOM LITIGATION SETTLEMENT AGREEMENT, IN AN AMOUNT NOT TO EXCEED TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($12,500,000.00) ("SETTLEMENT AMOUNT") TO MAD ROOM PLAINTIFFS, AS DEFINED BELOW, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND CONTROVERSIES THAT WERE RAISED OR THAT COULD HAVE BEEN RAISED IN THE CASE STYLED THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI, CASE NO. 21-CV-23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, AS FOLLOWS: (A) INITIAL PAYMENT OF NINE MILLION DOLLARS AND NO CENTS ($9,000,000.00) ("INITIAL PAYMENT") DELIVERED BY OR ON BEHALF OF THE CITY ON OR BEFORE NOVEMBER 8, 2024; AND (B) PAYMENT OF AN AMOUNT EQUAL TO THE REMAINING BALANCE OF THE SETTLEMENT AMOUNT AFTER REDUCTION FOR THE INITIAL PAYMENT AND THE DOLLAR AMOUNT OF ANY MITIGATION OR FORGIVENESS OF LIENS OR FINES IMPOSED ON ANY PLAINTIFF PRIOR TO AUGUST 12, 2024, DELIVERED BY OR ON BEHALF OF THE CITY ON OR BEFORE OCTOBER 31, 2025; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545014.0000.00000; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0390 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Vice Chair Carollo: Madam Chair? Madana Chair? Chair King: Yes. City of Miami Page 46 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: If and when RE.11 will he brought back, 1 would like for it to come back after the shade meeting that we're supposed to have on it. Chair King: Is that okay? Commissioner Pardo: That's okay. I thought the shade meeting was optional. Vice Chair Carollo: You're right. It is optional, but -- Commissioner Pardo: Okay. Vice Chair Carollo: -- we have it on, and I think it would be beneficial if we have a shade meeting for a short time. Commissioner Pardo: Okay. [Later...] Chair King: At this time, we have, I believe, one item remaining on our agenda, which is -- Todd B. Hannon (City Clerk): RE.11. Chair King: -- RE.11. Commissioner Gabela: What is RE.11? Because 1 came -- sorry. Chair King: It's the -- Commissioner Pardo: The settlement. Commissioner Gabela: Oh, the settlement, yes. Chair King: RE.11 is the settlement, Madroom, LLC, and OBE (Queensland Insurance, Bankers' and Traders' Insurance Company, and Equitable Life and General Insurance Company) Specialty Insurance Company. Do I have a motion? Commissioner Pardo: Madam Chair, I did want to add just -- Chair King: Please. Commissioner Pardo: -- one very quick thing, and that's that, you know, we've received a lot of feedback from residents, but mainly around the issue of accountability, meaning that, you know, times are tough. We've -- none of us are supporting any tax increases. We know what 's happening with condo fees, insurance, et cetera. And when they see a settlement, not maybe understanding the entire settlement, they see money, taxpayers' money, being used and applied for that. But what they don 't see are the consequences involved from all of that. So, I'd like to make sure that when we do our charter review, we put some consequences into that document. I don't know it's censure or I don't know if it's, you know, removal from office. I don't know what the answer is, but I think it should be a staged kind of disciplinary action based on cost or any of it. I would just like to see it in charter review. Chair King: Okay. I would caution us to take measures like that, particularly when we're basing it on a particular situation, because, again, we live in a very litigious society, and we are all subject to litigation. City of Miami Page 47 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Commissioner Pardo: Yeah. Chair King: And because there's litigation doesn't mean that this lawsuit has merit, doesn't mean that it doesn 't have merit. And I just want to balance that, the concerns of the community as well as our concerns as well as appropriately as we can do that, as fairly as we can do that considering the needs of our community, and you know, our residents, our taxpayers, all of that. I have a motion and a second. Is there anv -- is there any further discussion for this item? Vice Chair Carollo: Madam Chair, 1 missed what nay colleague was saying. Chair King: Okay, I can have him say that again. Commissioner Pardo: What I said was that residents have expressed concern about accountability when the City is taking funds from general fund and paving for anv kind of costs associated with litigation. And that in charter review, hopefully, we can address some kind of action with consequences for cases that we decide as a body need further action. Vice Chair Carollo: What does that mean? Commissioner Pardo: A censure, removal from office, any kind of disciplinary action where it's merited. Vice Chair Carollo: But in this case, the accusations are going at, from our city manager on down, directors, police officers, firefighters, all kinds of our employees. Commissioner Pardo: Understood. And what I'm getting at is for any case where elected officials are involved, if there are consequences, those consequences should be spelled out in our charter, and we should look at that through charter review. Vice Chair Carollo: Okay, well, it's a statement that you've made some of your friends lost one big one in state court a few days ago, so I could understand why you're bringing this up today. Commissioner Pardo: They're not friends. People I know. Vice Chair Carollo: Not for today, but we'll get into that soon at another time so I can remind you how close offriends they are. Commissioner Gabela: Can I --? Chair King: Commissioner Gabela. Commissioner Gabela: Yes, what I wanted to say was that we want to put this chapter behind us. The reason I'rn voting for this is because the benefits that we're getting now I think outweigh the consequences in the near future, in the next one or two years of more litigation, more money being spent and the outcome -- there's no guarantee that the outcome is going to be any different. So, I just want to be on the record that for my part I'm doing it as I see my fiduciary duty to save the, wherever I can, taxpayer money and I just wanted to put that. Commissioner Pardo: I'll also be supporting it. Commissioner Gabela: Thank you. City of Miami Page 48 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Commissioner Reyes: Madam Chair, and 1 think what Commissioner Gabela said, we all agree that this is the prudent -- some of us agree that this is the prudent thing to do at this moment. So, call the roll. Vice Chair Carollo: Chair, I'll be brief. Chair King: I have the City Attorney clocking us each at five minutes. Vice Chair Carollo: Yeah, I won 't even need that. Chair King: Perfect. Vice Chair Carollo: Look, I respect the conclusion and opinions that my colleagues have come to. We basically have been advised by counsel that even if they would be -- if they would prevail in anything minute, in the smallest little thing, they would be entitled to all their attorney's fees and costs. So, I understand why all of you feel this way. I, however, feel that this would be going to a Miami -Dade jury, not a Broward jury. And much more that I'd rather not get into it here. But the bottom line is that I, out of principle, knowing that none of our employees in the city did anything wrong, and on the contrary, the history of these individuals was a history of violations, violations, violations, violations, not respecting our residents, and as we have numerous emails that were found back before 1 got here, employees that were protecting them, including one key employee from the office of the former mayor, Mr. Regalado. When you have emails that are coming from one of the plaintiffs to a City employee in Planning, telling him, look into this, and it's a copy of a code violation that was posted in one of his properties. This was years before I was a commissioner again. And you cannot find that violation in any city file anywhere, which means somebody disappeared it. And the only way you know it existed, because he included the violation in that email. If that's not protection, I don't know what is. When you have another former City employee in Code, years before I got here, as commissioner again, that took over a case, how he did it, we don 't know, from the original inspector that had cited them, and just before they go to Code Enforcement, he affirms that they had corrected everything. And the Manager already had confirmed that was totally untrue. Everything was still the same years later. When you have the right hand for a former mayor that's sending an email, and he keeps sending emails because he couldn't get a hold of the guy, to warn him that Code had received information that they had key violations, that they were working without permits at night in one particular location. And here's the private cell number of the director of Code Enforcement, so you could call them and take care of it. You could come to your own conclusion of what was going on, but these were a few of the emails that were there. Anybody that would like to see them, we'll be happy to provide them. So, having said that, and I promised I won't take the whole five minutes, for that reason, I will be voting no on this item with all the respect that I think that my colleagues should deserve for the reasons that they will vote for. Commissioner Reyes: And -- Chair King: Thank you. Commissioner Reyes: -- I want to add, by this settlement, there is no admission of guilt, okay? It doesn't mean there is an admission of guilt. George Wysong (City Attorney): There is no admission of liability. Correct, sir. Commissioner Reyes: Okay. Thank you. City of Miami Page 49 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 RE.12 16680 Commissioners and Mayor Chair King: All right. I have a motion. For the record, may 1 have the name of the motion -- the first motion? Commissioner Gabela: Who did it? Did I do it? Chair King: I don't remember. So -- Commissioner Gabela: Okay, I'll do it. Commissioner Pardo: 1 second. Chair King: So, I have Commissioner Gabela is the mover and Commissioner Pardo is the second. All in favor? Commissioner Reyes: Aye. Commissioner Pardo: Aye. Commissioner Gabela: Ave. Chair King: Aye. Vice Chair Carollo: No. Chair King: Motion carries, 4-1. Commissioner Reyes: 4 to 1, okay. Chair King: And that shall conclude the City of Miami Commission meeting for September 26, 2024. Thank you all for attending. Thank you for your advocacy as always. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMBINING THE MARCH 13, 2025, AND MARCH 27, 2025, CITY COMMISSION MEETINGS INTO ONE (1) MEETING TO BE HELD ON THURSDAY, MARCH 13, 2025, STARTING AT 9:00 A.M. TO BE HELD AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER AND THE CITY CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY TO ENSURE THAT THE PUBLIC IS PROPERLY NOTIFIED OF THE CHANGE IN DATE. ENACTMENT NUMBER: R-24-0383 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 RE.12, please see Item Number RE.3. City of Miami Page 50 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 END OF RESOLUTIONS City ofMiami Page 51 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 EM - EMERGENCY ORDINANCE EM.1 ORDINANCE Emergency Ordinance 16655 Commissioners and Mayor AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 54/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS," BY AMENDING SECTION 54-137, TITLED "STREET CODESIGNATION," TO ALLOW THAT THE REQUIREMENTS OF THAT SECTION MAY BE WAIVED BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14317 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item EM.1 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Gabela, seconded by Commissioner Carollo, and was passed unanimously to pass EM.1 as an Emergency Ordinance. The second roll call to pass EM.1 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Note for the Record: For additional minutes referencing Item Number EM.1, please see "Order of the Day." Arthur Noriega (City Manager): Madam Chair, might I make a suggestion to maybe advance EM.1 ? So that you can take that item up at the same time. Vice Chair Carollo: Which one? Mr. Noriega: EM.1. Chair King: EM.1. Mr. Noriega: It's the naming street -- Chair King: Emergency -- Mr. Noriega: Because that one has to happen ahead of -- Chair King: The Emergency Ordinance, Chapter 54, Street and Sidewalk Naming of Streets, so that we can pass RE.10, we have to take that up first. Commissioner Gabela: So, motion. City of Miami Page 52 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: So, 1 have a motion. Vice Chair Carollo: Second. George Wysong (City Attorney): I have to read the title. Chair King: And I have a second. All in favor for EM.1 ? The Commission (Collectively): Aye. Mr. Wysong: 1 have to read the title. Chair King: Wait, hold on, hold on, hold on. The City Attorney has to read something into the record. Mr. Wysong: It's the title, yes. Vice Chair Carollo: The ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously, four -fifths. And I need to do it again -- Mr. Wysong: Now, Madam Chair? Todd B. Hannon (City Clerk): So -- yes. Mr. Wysong: Because it's -- yes. Chair King: We need to do it again, so would you please read the title into the record a second time? Mr. Wysong:• Thank you, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Gabela: Motion. Chair King: I'll second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously, satisfies the four -fifths. END OF EMERGENCY ORDINANCE City of Miami Page 53 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 16378 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-825 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED" ADMINISTRATION/CODE ENFORCEMENT/RIGHTS OF VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND CORRECT," TO INCREASE THE TIME TO APPEAL AN ISSUED INFRACTION FROM TEN (10) DAYS TO THIRTY (30) DAYS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14308 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number SR.1, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: Mr. City Attorney. George Wysong (City Attorney): Thank you, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: SR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And I believe there's an amendment to SR.2. Chair King:: Yes. Mr. Wysong: Would you like me to read the language that's being changed out? Vice Chair Carollo: Yes. Chair King: Please. Mr. Wysong: Okay, that'll be in Chapter 10, Building, Section 10-101(m)(3)(a). The new language will be -- it'll read, any single family residence or duplex properties currently in default of an order of the Unsafe Structure Panel that was issued prior to April 15, 2022 and who has not already sought and obtained -- and this is new language -- an extension of time or breach hearing or any new purchaser who has not already sought and obtained an extension of time or breach hearing on a prior order, then may request a one-time post -hearing extension or time or breach hearing before the Unsafe Structure Panel if the following conditions are met, then it lists conditions. City of Miami Page 54 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: Can you hold off for a minute, George? This all has to do with residential, right? Mr. Wysong: Yes. It's single-family residence or duplex properties that it applies to. Vice Chair Carollo: Okay, alright. Mr. Wysong: I'm sorry. Commissioner Gabela: Can I --? Mr. Wysong: Hold on. Let me clarify that answer with the Building Department. Jose Regalado: Good afternoon. Jose Regalado, assistant director of the Building Department. This item also includes a subsection for -- if you let me open up my agenda -- for commercial properties. It allows them also to come in for a breach hearing after the property has been sold at arm 's length. Vice Chair Carollo: Okay. This is what I was concerned about. That if I didn 't ask the question, it would have been snuck on us, and we would have been approving something that wasn't before us. I will vote for residential, but 1 will not vote for this on commercial. It's a big difference with commercial. Commercial you have much more savvy individuals, investors, and then it could make a joke out of a lot of our ordinance that we have in the city. So, if this wants to be left as strictly residential, I will vote on it, even with the provision that I asked to be clarified on somebody buying. But it's residential, single family, duplexes, but not the area that was snuck in there on commercial. Chair King: Commissioner Pardo? Arthur Noriega (City Manager): For purposes of just full clarity here, the only way, and correct me if I'm wrong -- Jose or city attorney -- the only way you're even allowed this amnesty provision is because it's a -- there's a property transfer, ownership transfer, arm's length ownership transfer. So, this isn't available to anyone that is an existing property owner that has an unsafe structure issue. Vice Chair Carollo: Yeah, but Mr. Manager, that's a way of bad actors getting their money, getting a friend, getting an associate to then come in and wink, wink, we 're buying it from you, and they take over. So, if that provision is going to be in there, I'll be happy to listen to any other suggestions the administration has. I'll ask for the deferment then, if you want that time to sit with me and go over it. But again, it 's one thing when you're talking about residential. People that are buying single-family homes, duplexes, don't have that experience or not that savvy as investors in commercial properties. Chair King: Commissioner Pardo? Commissioner Pardo: I was just wondering if you could share, just for my own knowledge, kind of the examples you're seeing that brought this forward for us to look at today, because I don't share the same view about commercial properties. There are a lot of you know, small shops and a lot of situations and a lot of commercial properties that are different, and I don't know how many bad actors are playing in that space, but I'd like your perception as to what you see and what you're dealing with and why it's here before us. Mr. Regalado: Absolutely. There's been instances throughout the process and a lot of times that they will even reach out to the elected officials that they just purchased a City of Miami Page 55 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 new property. However, there's a pending demolition order or a pending item that has already gone past the breach time. So, even if they want to comply, they end up -- I don't know f1 can say it, George -- but they have to go the legal route to come into compliance. And there is no mechanism in the code that would allow that. Commissioner Pardo: And City Attorney, what does that mean, the legal route? Mr. Wysong: So, they would have to file, basically, injunctive relief to stop our efforts and ask the court to intervene to allow them to pull permits and things like that. Commissioner Pardo: So, from what you're saying, that would take -- it takes a long period of time, there are costs involved, it's, you know, onerous on the business of the commercial property. Vice Chair Carollo: Yeah, but -- Chair? Chair King: Hold on, hold on, because I think Commissioner Gabela wants to say something as well. Commissioner Gabela: Are you --? Commissioner Pardo: Oh, done. Commissioner Gabela: So, give me a minute. So, what 1 -- the reason we started talking about this months, you know, back is because all the complaints of people that came to our office because of this situation that you're talking about, that didn't have any avenue to pursue, like there was a guy, if I remember correctly in my district, 36th Street, Northwest 23rd Street. They operate a -- I think it's a nightclub or something. They did a carport, I don 't know if you remember this, Wysong, and they did a carport without a permit, right? So, they got caught. Then they were going to demolish the permit, but then you guys wouldn't give them a permit to demolish the permit, so the guy was stuck in limbo. And this is one of the things that we 're trying to remedy. I understand your concern, but I for one, that's one of the things that I'm trying to remedy. We had another guy that owned another house by close to Grapeland, and his -- because of this, his house was going to be demolished. On a Monday, he showed up, on a Thursday, Marrero was able to help him. And in actual fact, we have made a mistake on that one, if you remember correctly. And so, when we started brainstorming this months ago, my intention is to get that, you know, sorted out and leave these people some kind of an avenue that they can fix their problem. That's my two cents worth. Vice Chair Carollo: Chair? Chair King: May I? Vice Chair Carollo: Sure. Chair King: So, I sponsored this item and where,folks come in, we have -- we tend to just go demolish, demolish, demolish. We need to save our properties. It is happening across the United States where in cities that are -- where industrial cities and they have these buildings and now that purpose is no longer there. Instead of demolishing the building they are now refurbishing those buildings and turning those buildings into something beautiful while keeping the integrity of the building. I have constituents that have come to me, they purchased the property. Not -- it wasn't a straw buyer, it wasn 't what you're intending, because I'm not intending to do that. There's no other reason other than the previous owners didn't do what they were supposed to do, and the City issued a demolition order. They have come in, they've City of Miami Page 56 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 brought the property, but there's no avenue for them not to move forward with the demolition. This legislation is intended to give property owners, new property owners, the right to save the property and move forward with it. It is not intended to find a workaround for bad actors. And that's why I support -- I sponsored this item, because I see it happening in our district and I want to be able to preserve versus tear down. And that's part of what I feel is a disadvantage with Miami. It's such a young city. You don't see those historic properties that you see in San Francisco or other places or across the water in Barcelona. You see all of these beautiful structures that have been there for thousands of years, and you get to Miami and you're lucky if you see something for 50 years old. And that's what I'm trying to work against, and that's why I'm a sponsor of this legislation. 1 believe it's going to do more good than harm. There's always a bad actor, a bad apple in every bunch. But for the most part, I think this is smart legislation and it will help across the board. Commissioner Reyes would like to speak. Welcome to the meeting, Commissioner Reyes. Commissioner Reyes: Yeah, first of all, I want to -- I'm sorry that I'm late. This morning, I got up with -- my stomach was messed up and I wanted to stabilize myself before I got here. But I know that the city was in good hands with you guys doing all the work. I do agree with you, Madam Chair. That's why I cosponsored. And we are penalizing, we are penalizing some homeowners or people that buy properties that had previous violations, and we are not giving them the -- I mean, we're not giving them a way out and try to fix it. If we granted -- Commissioner Carollo, there could be a bad actor. There are bad actors anyplace, but a couple of few bad actors, we are also penalizing the rest of the community. And 1 think that we're here to help. We are here not to persecute. We're here to help, try -- for the residents of the city of Miami, and try to provide them an avenue for correcting a wrong that was done most of the times by the previous owner. To that effect, I did propose ordinance, legislation, that every single purchase, or any single sale, real estate sale, had to be inspected for violations and it didn't pass. Fine, but this also is going to help. That's why I cosponsored that. And congratulations, Chairman King, for thinking about this and I move it. Commissioner Pardo: I'd like to sponsor it as well, ifpossible. Chair King: Okay. Commissioner -- Vice Chair. Vice Chair Carollo: Look, I've agreed that for residential, I personally would vote for it. I'm not talking about residential. I'm talking about the commercial. Let's be very clear here. There is no bank that is going to loan any money whatsoever unless the purchaser is going to have the property be looked at for any past violations, any fines, any monies that are due. That's why they make you have title insurance. Title insurance will find all that information out. So, since anyone on the investor side, the commercial side, that would buy a property that has any such violations, would have been buying it knowing that because the title insurance would show that and no lending institution would give them the loan unless they have title insurance, is why I made the statement that I did. What I would suggest is divide it into two, make an ordinance for residential and then come back with an ordinance and maybe it could be tightened up a little more on the commercial side that you want. But what I did not like was that I'm being given something here and I didn't read at all anything pertaining to commercial, just residential. Chair King: If I may offer, because I hear what my Vice Chair is saying, can we make this a pilot for a year, and if we see within a year that it 's going astray, we can come back and amend it. But if there is no evidence to show that anyone is taking advantage of this legislation, then we can pass it completely. Would that be agreeable to everybody? City of Miami Page 57 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Commissioner Reyes: Yes, ma'am. 1 move it. Vice Chair Carollo: Well, that's better than, you know, what I'm seeing here now. Commissioner Reyes: I move it. Vice Chair Carollo: If it could be brought back in a year's time, and if the administration could, when you bring it back, give us a list of all the commercial properties that have bought and have taken advantage of this. Now, if any of you think that I'm wrong, that they don't have to buy title insurance and they're buying these properties not knowing what they're getting into, please speak up. But this is the reality. Anybody that buys would have to get title insurance. And the title insurance policy, if there's anything placed on the record in the courts, in the city, they will pick it up. If not, they're going to eat it and they're going to pay for it. Commissioner Reyes: Okay, I move it. Chair King: So, as amended, George. Commissioner Reyes: As amended. Chair King: And 1 believe there was another amendment that needed to be read into the record. Todd B. Hannon (City Clerk): Yes, thank you, Chair. So, currently on the floor right now, there's a motion by Commissioner Reyes, seconded by Commissioner Pardo for SR.1 and SR.2. The mover and seconder have accepted City Attorney Wysong's amendment at approximately 11:28. They've also accepted the amendment at 11:42 regarding a pilot program. And then there 's a third amendment involving a blank reference to an ordinance number on page 5 of the legislation, which needs to reflect Ordinance Number 14307. Thankyou, Chair. Vice Chair Carollo: What does that last one mean? Mr. Hannon: There's just a blank. There's a blank reference to an ordinance number. And so, essentially, we're going to be filling that blank with Ordinance Number 14307. Vice Chair Carollo: And what ordinance is that? Mr. Hannon: That's the enactment number for SR.2. It needs to be placed in the legislation. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Regalado: Thankyou. City of Miami Page 58 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 SR.2 ORDINANCE Second Reading 16379 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDING/UNSAFE STRUCTURES," TO PROVIDE FOR A FURTHER AMNESTY FOR SINGLE FAMILY HOMES AS WELL AS A PILOT PROGRAM FOR NEW COMMERCIAL PROPERTY PURCHASERS SUBJECT TO UNSAFE STRUCTURE PANEL ORDERS REQUIRING DEMOLITION THAT WERE ISSUED PRIOR TO PURCHASE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14307 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see "Public Comments for all Item(s)" and Item Number SR.1. SR.3 ORDINANCE Second Reading 16177 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST"; MORE PARTICULARLY BY AMENDING SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item SR.3 was deferred to the October 10, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day" and "Public Comments for all Item(s)." END OF SECOND READING ORDINANCES City ofMiami Page 59 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 16605 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, City Manager's Office AS AMENDED, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW," IN ITS ENTIRETY; FURTHER AMENDING CHAPTER 18/ARTICLE III, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," SPECIFICALLY BY AMENDING SECTION 18-72, TITLED "APPLICATION AND EXCLUSIONS," AND SECTION 18-74, TITLED "CONE OF SILENCE," TO REMOVE REFERENCES THERETO; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney, would you please read the title into the record for FR.1? George Wysong (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: Would anyone like to discuss FR.1 before we vote? Commissioner Pardo: I would. Chair King: Go ahead. Commissioner Pardo: With FR1, I've noticed that our conversations and the conversations the public are having are very, very, very different. So, I want to make sure that as a city, we're addressing how the CIP, the Civilian Investigative Panel, becomes the chief's advisory board and how we have fail -safes there to make sure that if ever we are kind of going back in time with some procedures that we actually catch them, that we have some mechanism where we are understanding the public's concern and people's concern about the best -- being the best enforcement agency and holding those principles and values above everything else. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes? Commissioner Reyes: Yes, now that I see Chief Chief Manny, could you please come to the podium? Remember that when we were discussing this item, you informed us that there is an advisory board that you -- actually, you have it. And one of my requests was to try to enhance it with residents of all the neighborhoods in the city of Miami and meet regularly in order to provide the residents with a voice that -- or a City of Miami Page 60 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 vehicle where they can place either the complaints or they can suggest a better police action or whatever the problem is. Find out whatever the problem is. Manuel Morales (Chief of Police): Yeah, Commissioner, good morning. Commissioner Reyes: Morning. Mr. Morales: Manny Morales, Chief of Police. So, as we discussed and we gave at the agenda briefings, we've had the community advisor -- the Chiefs Advisory Panel since 2021 when 1 took office. And we have a wide breadth of representation from throughout the city. We have the Circle of -- members from the Circle of Brotherhood, Parents of Murdered Children. We have members from our LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community, which Commissioner Pardo, before he took office, was a member of my panel. And we have regular residents, homeowners from down in Shenandoah. So, we have a variety of individuals. And the way that we've been using it, it's pretty much what we would see the Civilian Investigative Panel, their duties and responsibilities, minus the investigations, which is what the new state statute does, right? Commissioner Reyes: That's right. Mr. Morales: So, they have the ability to kind of sit down and advise me on policies and procedures or give me their insight. And what 1 truly use them for is to be able to show them incidents that are sensitive in nature, right? So, if I have a use of force, an officer involved shooting, I get those videos and 1 kind of bring them in and I use them as a sound board and get how the community feels, right? Because they are part of our community; they're members from our community. And listen, I've been fortunate enough to get folks that that are not yes individuals, that will absolutely give me their raw, unfiltered opinion on what the shootings are. And I'm able to kind of modify not only departmental policies, procedures, and behavior. So, it's something definitely that I'm fully committed for. As the new statute takes place, or takes into effect, what we're doing now is kind of formalizing it, right? So, we're putting in departmental orders to kind of guide what the breadth of responsibility will be and how they're going to be able to give that input, not only to me, but that I would further share with the City Manager and the elected officers of the city. Chair King: Commissioner Pardo? Commissioner Pardo: I just wanted to commend you because I did serve on that board and the activists there or the advocates are all very vocal, they're all very -- and you respected that all the time, and as you just said, you would show the cases that were -- could be conflictive, could have other issues around them. So, I think you were already doing that before we got to this point. I just think at this point as a city, we need to do a good job of communicating that to the public so they realize the work that we've already been doing and make sure we have a fail-safe mechanism so that if you leave the office and someone else comes in, what is there, you know, to make sure that we are responding to residents and that they understand that we're on it, we're on top of it. Mr. Morales: Absolutely. It will serve as a safety net and what well do is at the end of the year, as we do with many of our other units, we'll put a report together of what cases were reviewed, what actions, what recommendations they kind of put forward to the administration. So, we'll make sure it doesn't fall through the gaps, Commissioner. Chair King: I agree. Thank you, Chief What I don 't want to see ever is that voices are silenced in our community, particularly with our police. While you do an amazing City of Miami Page 61 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 job, I think our officers do an amazing job, there still is a place for our citizens to have a voice. The incident that happened a couple of weeks ago at the Dolphin Stadium, and that, you know, went viral because everybody has a phone with a camera, and it would be a shame if we weren't able to voice our concerns jrothe conduct. And the State has really tied our hands with our civilian independent panel. It is no doing of any of us on this commission. We supported CIP. I supported CIP. And they did valuable work, but the State has made legislation so that that is not possible for us to continue in the form that it was. But I'm glad that you continue yours. You 're very accountable to the community. You listen to the community, and the community will continue to have a voice. So, 1 support this item. Mr. Morales: Thankyou. Commissioner Reyes: Move it. Chair King: I have a motion. Commissioner Pardo: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Mr. Morales: Thank you. Chair King: Passes unanimously. 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: Withdraw RESULT: WITHDRAWN 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 FR.2, please see "Order of the Day." City of Miami Page 62 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 FR.3 ORDINANCE First Reading 16245 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-212 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/RESERVED," TO CREATE A NEW SECTION 2-212, TITLED "CERTIFICATE OF RE -OCCUPANCY FOR SINGLE-FAMILY RESIDENCES PRIOR TO RESALE," TO ALLOW FOR INSPECTIONS BY THE CITY OF MIAMI CODE COMPLIANCE DEPARTMENT TO DETERMINE WHETHER ANY CURRENT ZONING VIOLATIONS EXIST ON THE PROPERTY AND TO DETERMINE IF THE PROPERTY USAGE IS AS ALLOWED BY LAW; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR A THIRTY DAY EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN 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 FR.3, please see "Order of the Day." END OF FIRST READING ORDINANCE City of Miami Page 63 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 AC.1 16672 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE SEPTEMBER 26, 2024, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI, CASE NO. 21-CV-23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, AND TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE THE CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, GEORGE K. WYSONG III; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY KEVIN R. JONES, ASSISTANT CITY ATTORNEYS ERIC EVES, AND MARGUERITE SNYDER, AND CITY OF MIAMI'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ ESQ. AND ANGEL A. CORTINAS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY - CLIENT SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair King: Good afternoon, everyone. Welcome back to the City of Miami Commission meeting for September 26, 2024. We are going to open this session with a statement from our city attorney. City of Miami Page 64 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 George Wysong (City Attorney): Thank you, Madam Chair. On September 12, 2024, under the provisions of Section 286.011(8), Florida Statutes, 1 requested that this City Commission meet in private to discuss pending litigation in the cases of number one, the Madroom, LLC (Limited Liability Company), d/b/a (Doing Business As) Ball Chain, Altos Mexicano, LLC, d/b/a Taquerias El Mexicano, Little Havana Arts Building, LLC, and La Gran Fiesta, LLC versus City of Miami, Case Number 21-CV- 23485-RKA, pending in the United States District Court for the Southern District of Florida. Number two, Tower Hotel, LLC, a Florida limited liability company. Piedra Villas LLC, a Florida limited liability company, Beatstik LLC, a Florida limited liability company, El Shopping LLC, a Florida limited liability company, Yo Amo Calle Siete, LLC, a Florida limited liability company versus City of Miami, Case Number 2022-008069-CA-44, pending in the Circuit Court of the Eleventh Judicial Circuit in and JroMiami-Dade County, Florida, and Tower Hotel, LLC, a Florida limited liability company, Piedra Villas, LLC, a Florida -limited liability company, Beatstik, LLC, a Florida limited liability company, El Shopping, LLC, a Florida limited liability company, and Yo Amo Calle Siete, LLC, a Florida -limited liability company versus City of Miami, Case Number 3D23-285, pending in the District Court of Appeals of the State of Florida, 3rd District, to which the City is presently a party. The City Commission approved my request and will now, at approximately 4:05 p.m., commence a private attorney -client session under the parameters of Section 286.011(8), Florida Statutes. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Manolo Reyes, and Damian Pardo, the City Manager, Arthur Noriega V, the City Attorney, George K. Wysong III, Deputy City Attorney John Greco, Deputy City Attorney Kevin R. Jones, Assistant City Attorneys Eric Eves and Marguerite Snyder, and City ofMiami 's outside counselor Raquel A. Rodriguez, Esquire and Angel A. Cortinez, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. And at this time, the City of Miami Commission meeting for September 26, 2024 will be in recess for the shade meeting. Thank you. [Later...] Chair King: Good afternoon, everyone. Welcome back to the City of Miami Commission meeting for September 26, 2024. I am going to defer to our city attorney. I believe he has a statement. Mr. Wysong: Actually, it's brief Madam Chair. Thank you. The shade meeting revolve -- involving Madroom, LLC, and the Tower Hotel and the Tower Hotel case has concluded. So, we have concluded the shade meeting. Chair King: Thank you, Mr. City Attorney. END OF ATTORNEY -CLIENT SESSION City of Miami Page 65 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 DI.1 16619 City Manager's Office DI - DISCUSSION ITEM DISCUSSION ITEM A PRESENTATION BY THE OFFICE OF THE CITY ATTORNEY, DEPARTMENT OF POLICE, AND DEPARTMENT OF HUMAN SERVICES REGARDING THE FLORIDA HOUSE BILL 1365 - STATE HOMELESS LEGISLATION BRIEFING. MOTION TO: Withdraw RESULT: WITHDRAWN 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 DI1, please see "Order ofthe Day." END OF DISCUSSION ITEM City of Miami Page 66 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.1 12288 Office of Zoning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 67 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.2 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, 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." City of Miami Page 68 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.3 RESOLUTION 12290 MAY BE WITHDRAWN Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, 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 ofthe Day." City of Miami Page 69 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.4 12835 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN 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 PZ.4, please see "Order of the Day." City of Miami Page 70 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.5 ORDINANCE Second Reading 14035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 136 NORTHWEST 35TH 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: Withdraw RESULT: WITHDRAWN 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 PZ.5, please see "Order ofthe Day." PZ.6 ORDINANCE Second Reading 14036 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, AND APPROVING A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," OF THE PROPERTY AT 136 NORTHWEST 35TH 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: Withdraw RESULT: WITHDRAWN 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 PZ.6, please see "Order of the Day." City of Miami Page 71 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.7 ORDINANCE Second Reading 15938 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14309 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Now, Mr. City Attorney, would you please read into the record the title of the remaining PZ (Planning and Zoning) items, and if we can get that done, we will be finished with the Commission meeting. George Wysong (City Attorney): Except for one RE (Resolution) item. Chair King: I left out an RE item? Mr. Wysong: Yeah, the settlement after the shade meeting. Vice Chair Carollo: Yeah. Chair King: Oh, but that's after the shade meeting. Okay, so go ahead, PZs. Mr. Wysong: Thank you, Madam Chair. PZ.1, a resolution of the -- oh, I'm sorry. Chair King: You're going to begin on PZ.7, I believe. PZ -- yes, PZ.7. Mr. Wysong: I'm sorry about that. Chair King: PZ.1, 2, and 3 are indefinitely deferred. PZ.4, 5, and 6 have been withdrawn. Mr. Wysong: That's right. Sorry about that. PZ.7. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.8. PZ.8. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.9. City of Miami Page 72 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.10. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.11. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.12. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.13 is a resolution. PZ.14. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.15. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.16. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.17. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.18. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.19. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And last but not least, PZ.20. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: That's it, Madam Chair. Chair King: Thank you. I'm going to ask my colleagues now if there are any of the PZ items 1 through 20 that you would like to pull for discussion. Todd B. Hannon (City Clerk): Chair, that would be PZ.7 through PZ.20. Chair King: I'm sorry, 7 through 20. What did I say, Todd? Mr. Hannon: PZ.1. Chair King: I was thinking 7 through 20. Commissioner Gabela: Yeah, I'd like to pull PZ.9 and 10. City of Miami Page 73 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: 9 and 10? 9 and 10. Anyone else would you like to pull? Vice Chair Carollo: 9 and 10 you're pulling? Commissioner Gabela: Yeah. Not because I'm against it or anything, it's just that I want to put something on the record. Chair King: Okay. Anyone else? Vice Chair Carollo: No. Commissioner Reyes: (INAUDIBLE) I'm going to vote individually (INAUDIBLE). Chair King: Commissioner Pardo? Commissioner Pardo: None. Chair King: Okay. Vice Chair Carollo: No, 1 don't see anything. Chair King: Okay, well, let's rock and roll. May 1 have a motion to pass -- Vice Chair Carollo: Move. Chair King: -- PZ. 7, 8 -- Commissioner Gabela: Second. Chair King: -- 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20? I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.8 ORDINANCE Second Reading 15939 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 "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14310 City of Miami Page 74 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ. 7. PZ.9 ORDINANCE Second Reading 16265 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 FOR TWO (2) PORTIONS OF LAND FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL," AND FROM "RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION RESPECTIVELY," OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1822 NORTHWEST 37 AVENUE, MIAMI FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14311 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.9, please see Item Number PZ.7. Chair King: And now if we may discuss PZ.9? Commissioner Gabela: Yep. So, where is Art, the City Manager? So, I want to put on the record and be very clear and ask a question and put it on the record. Because yesterday in Spanish radio in the morning, it was -- I was attacked and it was said that I didn't care about my area because there had been something with one of the properties in the -- what will be the Freedom Park, that the FAA (Federal Aviation Administration) had pulled -- had denied a permit. This was in the morning that somebody, a friend of mine, texted me, you know, the audio, and my name was mentioned, and I wasn't even called, you know, to say my side of the story. I didn't even know what they were talking about. And I think you came into my office yesterday, Art, and were talking about the incident where I asked you, you know, what's going on here. Because I -- there was a comment made in Spanish radio, and you know who I'm talking about, that the commissioner of the area, me, you know, either didn't care or didn't know -- they inferred it -- about a zoning -- not about a zoning, about an FAA plans that were denied on one of the buildings that is going to be the CRA (Community Redevelopment Agency). Can you put on the record, as you City of Miami Page 75 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 specified to me yesterday, that that is not so, that is not correct? And for the record, by the way, the Freedom Park vote, which I am for, and 1 would have voted for it had I been here, 1 didn't vote on that. This was done many years ago by my predecessor, whoever was here. Let me put that on the record, number one. Because it seems to me that every time this gentleman, you know, Igo a different route in my voting, they start making up stuff And I want to clear the air, and so you can put it on the record, Art, that in actual fact, okay, what they said yesterday was incorrect. That in actual fact, no FAA permit has been denied for the CRA building that will be put there in the future. Please. Arthur Noriega (City Manager): Yeah, so in reference to the city administration building, there was a reference made to a requirement that the building be moved or relocated to 42nd, to Le Jeune. So, the proposed city administration building has always been located on 37th Avenue. It has never been planned to move to the other side of the site. The only planned move for us now is just slightly north, just a small little relocation of the building, but it's always been on 37th Avenue. And FAA has never rejected any of the permits. The only thing we are still pending, they are still reviewing it obviously because there are height restrictions as it relates to the proximity to the airport. But the building is and has always been in the location it 's in now, proposed on 37th Avenue. Commissioner Reyes: Madam Chair? Commissioner Gabela: And can I add just one more thing? Commissioner Reyes, just give me one minute. I'm sorry. And for the future, 1 am sure that if there is a change, you will notify me, as I am the district commissioner ofD1 (District 1). Commissioner Reyes: Absolutely. Commissioner Gabela: I have no doubt of this. That's why I was curious yesterday when they attacked me on Spanish radio, you know. I didn't know what they were talking about, you know. And you know, I would caution the gentleman to do his homework, you know, before he goes on the air and talks, you know, such things and also give the other person a chance to, you know, to know what he's talking about because nobody called me, you know, nobody said to me, hey, you want to talk about this, didn 't know what they were even talking about, you know, and I believe you were on that Spanish radio station yesterday -- Commissioner Reyes: Yes, that's what I want to clarify. Commissioner Gabela: -- Commissioner Reyes. And you even said to me, oh, you know, that guy, he likes making trouble all the time. That's what you said to me yesterday. You know, so I just want to put it on the record. Commissioner Reyes: (INAUDIBLE) said that. Commissioner Gabela: They got me targeted, they have me targeted, and every time I do something that apparently is not according to what they think should happen here, they start with me. Thank you very much. Commissioner Reyes: Listen, let me tell you. Chair King: Commissioner Reyes? Commissioner Reyes: Yes, let me clarify what's going on here. You see, according to what I was told in my agenda prep, that the building was going to be moved. And I was misinformed. I thought it was going to be moved to 14th Street, you see? And I City of Miami Page 76 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 asked -- and 1 didn't ask. Somebody told me that it was because of the problem, there was a problem with the FAA. I was called, and I was asked about the movement of the building. And I made it explicitly clear that I am against that. I was against that when it was very first proposed. And I will he against that until the day I die, because it is -- 1 believe that it is not smart to bring more traffic to the area. That area, with all the development that is going around, that development -- and those were my words -- with all the development that is going around, all the housing units that are being built on 11 th Street, all the housing units that are proposed by Magic City Casino and what they want to do -- I mean, they want to redevelop that. Plus, the stadium, plus the hotels, plus the office buildings that are going to be built there, plus -- in Melreese, plus -- the old Melreese, plus the shopping center. The traffic is going to be unbearable. And if we are going to add to that traffic of those proposed development, if we're going to add a building that has about 1,000 more people, people that go to work there, plus the visitors, that will create a big problem, particularly to Grapeland, which is a neighborhood that has been there for a long time. That is going to create a lot of problems to all the neighbors who live around there and probably to the airport too. And that was the only thing that I said. I never mentioned you or anything, you see? I never mentioned -- and I never told you that he wanted the (UNINTELLIGIBLE) to make trouble. I said, you call him. You call him and that 's it. Commissioner Gabela: You said to me that the guy likes to make trouble. That's what you said to me. Commissioner Reyes: Well, okay -- well, that's what you said (INAUDIBLE). Commissioner Gabela: I don't lie here. That's what you said to me. Commissioner Reyes: Okay. Commissioner Gabela: But at any rate -- Commissioner Reyes: But that is not the case. Chair King: Okay, gentlemen, gentlemen. Commissioner Gabela: That's not the case. Commissioner Reyes: Listen -- Commissioner Gabela: No, that's not. Commissioner Reyes: I have the, floor. Commissioner Gabela: I never accused you of anything. Commissioner Reyes: No, no. Chair King: Gentlemen, we can't -- gentlemen, let's not talk over each other. Commissioner Reyes: Let me see. I have the floor. Chair King: Let's each say what we have to say. Commissioner Reyes: I have the floor. Commissioner Gabela: Yes. City of Miami Page 77 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Commissioner Reyes: The issue here is not, it is not what -- my issue is not if the FAA, the CIA (Central Intelligence Agency), or the FBI (Federal Bureau of Investigations) is moving the building or not. The issue here is that the building is going to be built in an area that is going to increase the amount of traffic, which it shouldn 't be and it's going to hurt the neighborhood. That is the issue and that 's why I voted against it the first time and I'm going to vote against it today. And that's it. We don't have to talk about that. Commissioner Gabela: Okay, can I -- can I --? Chair King: Thank you. Commissioner Gabela? Commissioner Gabela: Yes, and 1 respect your vote, by the way. I respect your vote and this is nothing personal with you. However -- and let me make a correction. I did not mean the CRA building, I meant the MRC (Miami Riverside Center) building. Commissioner Pardo: Don't worry. Commissioner Gabela: Let me put that into record. Commissioner Reyes: No, it's MRC. Commissioner Gabela: 1 was talking about the MRC building again. Pardo must be thinking, oh, there he goes again. No, 1 was talking about the MRC building, the administration building, that that has already been voted on and that has passed before Pardo and 1 were here, to be honest with you. Commissioner Reyes: Yes. Commissioner Gabela: And you voted against it, I understand. Commissioner Reyes: Yes. Commissioner Gabela: And let me tell you, I am also concerned of the traffic situation in Grapeland, of my residents, the area that I represent, trust me, I am concerned. However, this has passed. This is going to happen. And so now the best course of action, I think, is to steer this thing the correct way. But for me, and I want to show the residents of District 1 of that area that they're going to absorb the consequences, that I will be fighting for them, okay, to make sure that this thing is done properly for everybody, for them, you know, that everybody comes out a win -win situation. But I just wanted to put that on the record. I would urge that radio station, the reporter, to do more,, you know, do more, you know, more investigation before you start talking things that are not. Thank you very much. Commissioner Reyes: Madam Chair -- Chair King: Do I have --? Commissioner Reyes: No, no, one clarification. Chair King: Commissioner Reyes, I think we've heard -- Commissioner Reyes: Please, please, no, no, this is important. Chair King: Can I -- can I speak -- Commissioner Reyes: I clarified -- City of Miami Page 78 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Chair King: -- Commissioner Reyes? Commissioner Reyes: Hold on a second, just want to say this. Chair King: But let me speak. Commissioner Reyes: Okay. Chair King: I'm going to let you speak, okay? Because it seems as if we're having a conversation more about what somebody said on the radio -- Commissioner Reyes: Yeah. Chair King: -- than the issue before us. And I'd like to -- Commissioner Gabela: Yeah, let's take a vote. Chair King: -- get a motion and a second. Commissioner Gabela: Motion. Chair King: Can I have a motion and a second? Commissioner Gabela: Motion. Chair King: And now I'm going to let Commissioner Reyes say for the -- Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): Chair, my apologies, who 's the seconder? Commissioner Reyes: One, whoever (INAUDIBLE) -- Chair King: Who seconded? Who second? Commissioner Pardo: I second. Commissioner Reyes: Whoever informed me about that should have told you that I clearly said, clearly stated that that -- that the person that suggested that that building be moved to and proposed that that building be moved to Melreese was your predecessor, sir. Commissioner Gabela: Yeah, no, no. Commissioner Reyes: It wasn't you, okay? I mean, I just wanted to say that. Chair King: Okay, okay. Alright, so I have a motion and a second. Commissioner Gabela: Okay, thank you for that clarification. Chair King: All in favor? Aye. Commissioner Gabela: Aye. Commissioner Pardo: Aye. City of Miami Page 79 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: Aye. Commissioner Reyes: No. Vice Chair Carollo: Am I chopped liver? Commissioner Reyes: Yes, you are. Chair King: Well, I asked if you -- did you want to make a comment? Vice Chair Carollo: Yeah. Chair King: Well, I just got three votes, but I want -- Vice Chair Carollo: Yeah, I wanted -- Chair King: -- you to be heard. Vice Chair Carollo: -- I wanted to put my two cents and correct the record. When Commissioner Gabela talks about Spanish radio, let's be specific, you have a lot of Spanish-speaking radio stations in Miami, but there's only one. And particularly in that station, there's only one program that they think they can manipulate this commission. And this is where they zeroed in, in this commission. I fondly call them Radio Havana. They got upset the other day when 1 said Radio Hamas, because they do act like terrorists, attacking, attacking, and like he said, they don't give you an opportunity to respond. That's why I don't even bother with them, because they know if they have me where I can answer something, they're not going to be happy. And they're not going to be able to spread the lies that they do. So, what do they do? They ask you a question, they don 't let you answer, and they ask you another one, and play that game. Now, who is the guy that is constantly texting the main character that has that program and telling him what questions to ask, what to do and other things? He happens to be the cousin, first cousin of the former head of the Cuban Air Force. The individual died when many Cuban generals were mysteriously dying during COVID in Cuba. He was the head of the Cuban Air Force for 13 years and gave the final order to shoot down the two Brothers to the Rescue planes. This is the guy that is constantly telling them how to attack, what to say, what to ask. Strangely, when they brought this whole campaign, another one that failed for them, to recall me, I found, not that long ago, that in the station where the first cousin of the general was working at the time, that had another name, doesn't exist anymore, the recall committee bought $50,000 plus worth of advertising. The problem was the recall committee didn't pay for it, like the law says. It was a guy that came on their behalf that had a private corporation that did business in food, selling food. He was a food broker. And he had been indicted two years before or so by the U.S. (United States) government for some very naughty things that had to do with Panama and food, and Cuba has about a thousand plus corporations in Panama. Interesting how those $50, 000 plus were paid were by two other companies. And they violated the law 100 percent. In fact, Commissioner Gabela, in the station where these people have their little program, I believe the same thing happened, because they spent another big bunch of money like that at the time. So, I wonder where all this money is coming from, that they could just throw it everywhere. Why is the interest of these guys only in the city of Miami? They don't go after any other government. They don't try to manipulate elected officials like they do in the city of Miami. In fact, one of these characters, I mentioned it the last time, I guess they didn't hear me, let me say it again, because they didn't talk about this in their programs. They talk about everything we discuss here, but not this. One of the characters in that program worked in a now -extinct cable station called MEDA TV. While he worked there, the information that I have from people that were there is that he was being paid through a false social security number because he didn't have any City of Miami Page 80 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 permits to work here. And these are the pillars of integrity, the anti -corruption characters. The other one, in the near future, I'll have some fun with hint. Chair King: Okay, now I had a motion and a second. We took a vote. George Wysong (City Attorney): Madam Chair, before you take that vote, we noticed that there was an issue on the title. We just need to modify it. There's a reference to an Exhibit A, it should be Exhibit B, the covenant. Chair King: Thank you. So, 9 and 10, 1 have a motion and a second. All in favor, as amended? Aye. Commissioner Gabela: Aye. Vice Chair Carollo: Aye. Commissioner Reyes: No. Commissioner Pardo: Ave. Chair King.. 4 to 1. Motion carries, 4 to 1. Commissioner Reyes: And for the record, nobody manipulates me. Sometimes my wife. Vice Chair Carollo: That's not what she says. Chair King: At this time, I'tn going to recess the City of Miami Commission meeting. I'd like to get my colleagues' advice. We have a Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting and an Omni CRA meeting to follow -- Vice Chair Carollo: The -- Chair King: -- as well as the shade meeting. I'd like to take up the shade meeting at 4 o 'clock -- Commissioner Reyes: Okay. Chair King: -- and then we come back and address the last item we have and then go into our budget meeting at 5:05. Vice Chair Carollo: I do need to take the Midtown CRA when we come back sometime because there's still some final information -- Chair King: That's fine. Vice Chair Carollo: -- that I'm waiting for. Chair King: That's fine. Can we do the Southeast Overtown/Park West CRA meeting right now? Vice Chair Carollo: Sure. Chair King: Okay. And then we will break for lunch until 4 o'clock when we go into our shade meeting. City of Miami Page 81 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 Vice Chair Carollo: That will he fine. Can I ask you a favor? Just so 1 can see how they did it with you and compare how they did it with Midtown. Can I see how they broke down the salaries and then other monies for administrative purposes? And how Todd B. Hannon (City Clerk): Right now, we're still in City Commission so -- Chair King: So, the City Commission meeting for September 26th, 2024, is now in recess. We will come back at 4 o'clock and go to our shade room. Mr. City Attorney, do you need to read anything into the record before we recess? Mr. Wysong: I could read it now or when we get back, whichever your preference is, the script for the shade meeting. Chair King: Okay, when we come back. Mr. Wysong: Alright. Chair King: So, the meeting is now in recess. Thank you. PZ.10 ORDINANCE Second Reading 16266 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 FOR TWO (2) PORTIONS OF LAND - ONE PORTION FROM "CS," CIVIC SPACE ZONE, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, AND ANOTHER PORTION FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "CS," CIVIC SPACE ZONE, RESPECTIVELY, OF THE PROPERTY GENERALLY LOCATED AT 1822 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14312 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.10, please see Item Number PZ.7 and Item Number PZ.9. City of Miami Page 82 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.11 ORDINANCE Second Reading 16436 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 THE SOUTHWESTERN PORTION OF REAL PROPERTY AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14313 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ.7. PZ.12 ORDINANCE Second Reading 16435 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 "CI," CIVIC INSTITUTIONAL TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, FOR THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14314 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.7. City ofMiami Page 83 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.13 16570 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A WAIVER OF THE LIMITATIONS UNDER ARTICLE 7, SECTION 7.1.2.8(G) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. ENACTMENT NUMBER: R-24-0384 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes PZ.14 ORDINANCE Second Reading 16029 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO ONLY ALLOW BED AND BREAKFAST USE IN "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, IN CERTAIN CIRCUMSTANCES PER CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14315 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.7. City ofMiami Page 84 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.15 ORDINANCE Second Reading 16030 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY SIDE AND REAR SETBACK ENCROACHMENTS AND ANY ASSOCIATED DESIGN REQUIREMENTS FOR T5 — URBAN CORE TRANSECT ZONE, T6 — URBAN CENTER TRANSECT ZONES, AND CI -HD — CIVIC INSTITUTION ZONES - HEALTH DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE ENACTMENT NUMBER: 14316 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see "Public Comments for allltem(s)" and Item Number PZ.7. City ofMiami Page 85 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.16 ORDINANCE First Reading 16434 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AMENDING THE ZONING ATLAS OF THE MIAMI 21 CODE BY CHANGING THE ZONING CLASSIFICATION FROM "T6-12-0" TO "T6-24A-O" FOR THE PROPERTIES LOCATED AT 1411 NORTHWEST NORTH RIVER DRIVE, 1421 NORTHWEST NORTH RIVER DRIVE, 1441 NORTHWEST NORTH RIVER DRIVE, 1451 NORTHWEST NORTH RIVER DRIVE, 1465 NORTHWEST NORTH RIVER DRIVE, 1481 NORTHWEST NORTH RIVER DRIVE, 1440 NORTHWEST 13 TERRACE, 1430 NORTHWEST 13 TERRACE, AND 1424 NORTHWEST 13 TERRACE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED; FURTHER AMENDING APPENDIX G OF THE MIAMI 21 CODE, TITLED "RIVER LANDING SPECIAL AREA PLAN" ("RL 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 TO THE "RL SAP" APPROXIMATELY 88,039 SQUARE FEET (2.02 ACRES) OF LOT AREA SPLIT AMONG NINE (9) ADDITIONAL PARCELS FOR A TOTAL COMBINED AREA OF 442,570 SQUARE FEET (10.16 ACRES), WITH THE ADDED PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED; (B) PROPOSING NEW DEVELOPMENT TO ADD 475 DWELLING UNITS AND AN ADDITIONAL LARGE GREEN SPACE TO THE "RL SAP"; (C) AMENDING THE REGULATING PLAN AND THE CONCEPT BOOK TO INCLUDE THE DEVELOPMENT OF THE ADDITIONAL AREA AND TO ALSO INCLUDE REVISIONS FOR CONSISTENCY WITH THE MIAMI 21 CODE; AND (D) 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: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.7. City ofMiami Page 86 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.17 ORDINANCE First Reading 16438 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SAID DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," BETWEEN NOTRUSE HOLDINGS, LLC ("APPLICANT") AND THE CITY OF MIAMI, FLORIDA ("CITY"), GOVERNING THE PROPERTIES GENERALLY LOCATED AT 1411 NORTH WEST NORTH RIVER DRIVE, 1421 NORTH WEST NORTH RIVER DRIVE, 1441 NORTH WEST NORTH RIVER DRIVE, 1451 NORTH WEST NORTH RIVER DRIVE, 1465 NORTH WEST NORTH RIVER DRIVE, 1481 NORTH WEST NORTH RIVER DRIVE, 1440 NORTH WEST 13TH TERRACE, 1430 NORTH WEST 13TH TERRACE, AND 1424 NORTH WEST 13TH TERRACE, 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: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.7. City ofMiami Page 87 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.18 ORDINANCE First Reading 16430 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 RESTRICTED COMMERCIAL" (WESTERN PORTION) AND "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.7. PZ.19 ORDINANCE First Reading 16431 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 "CS," CIVIC SPACE ZONE, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, AND "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, FOR THE WESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.7. City ofMiami Page 88 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 PZ.20 ORDINANCE First Reading 16432 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO INTRODUCE A DEFINITION FOR GAME COURTS, BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO ALLOW ADDITIONAL FENCE AND WALL HEIGHT NECESSARY TO ENCLOSE OUTDOOR LEISURE ACTIVITIES, AND BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO AMEND THE MAXIMUM HEIGHT FOR WALLS AND FENCES RELATING TO INFRASTRUCTURE AND UTILITIES USES; 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: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see "Public Comment for allltem(s)" and Item Number PZ.7. END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 89 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 FL - FUTURE LEGISLATION FL.1 16581 Department of Planning FL.2 16433 Office of Zoning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "TRANSPORTATION TRUST FUND," MORE PARTICULARLY BY AMENDING SECTION 35-254(C) OF THE CITY CODE TO ESTABLISH A PURCHASE PRICE OF PARKING SPACES PAYABLE INTO THE TRANSPORTATION TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS / DEFINITIONS OF TERMS," AND ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR A BY -RIGHT ADMINISTRATIVE SITE PLAN REVIEW ("ASPR") PROCESS AND A SIMPLIFIED BUILDING PERMIT REVIEW PROCESS FOR APPROVED ASPR, EXCEPTION, VARIANCE, WARRANT, AND WAIVER APPLICATIONS; PROVIDING FOR TOLLING OF ZONING APPROVALS DURING PENDENCY OF CERTAIN LITIGATION; REPLACING THE TWO (2) YEAR TIME LIMITATION AND OPTIONAL ONE (1) YEAR EXTENSION FOR OBTAINING BUILDING PERMIT OR CERTIFICATE OF USE FOR AN EXCEPTION, VARIANCE, WARRANT, WAIVER, OR ASPR WITH A THREE (3) YEAR TIME LIMITATION WITH NO ADMINISTRATIVE EXTENSIONS; REVISING PHASED PROJECT REQUIREMENTS AS TO APPROVAL BY PLANNING DIRECTOR AND TO REDUCE PROPERTY SIZE LIMITATIONS; CLARIFYING PREVIOUSLY ADOPTED FLOORPLATE LENGTH AND AREA WAIVER PROHIBITIONS; PROVIDING FOR APPLICABILITY TO PRIOR APPLICATIONS AND APPROVALS; MAKING FINDINGS AND TECHNICAL CHANGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN City ofMiami Page 90 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 FL.3 16661 City Manager's Office ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-241 OF THE CITY CODE, TITLED "DEFINITIONS," TO DEFINE THE RULE OF 80 AND CLARIFY THE APPLICABILITY OF CERTAIN PROVISIONS, AND SECTION 40-255 OF THE CITY CODE, TITLED "BENEFITS," PURSUANT TO RESOLUTION NO. R- 24-0147 ADOPTED APRIL 25, 2024, TO INCLUDE A TWO -AND -A - HALF -PERCENT AND THREE -PERCENT MULTIPLIER FOR THOSE HIRED ON OR AFTER OCTOBER 1, 2010, BASED ON THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907 COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026, AND TO UPDATE THE CITY CODE TO COMPLY WITH EARLIER RATIFICATIONS OF COLLECTIVE BARGAINING AGREEMENTS AND CITY CODE AMENDMENTS, SPECIFICALLY RESOLUTION NO. R-11-0364, ADOPTED ON SEPTEMBER 15, 2011, RESOLUTION NO. R-24- 0013, ADOPTED JANUARY 22, 2024; ORDINANCE NO. 13203, ADOPTED SEPTEMBER 27, 2010; RESOLUTION NO. R-22-0340, ADOPTED SEPTEMBER 13, 2022, AND RESOLUTION NO. R-22- 0423, ADOPTED OCTOBER 27, 2022; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. FRESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City ofMiami Page 91 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 NA.1 16733 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM VIDEO PRESENTATION BY THE CITY MANAGER HONORING THE HEROIC EFFORTS OF THE CITY OF MIAMI'S FIRST RESPONDERS WHO BATTLED A THREE -ALARM FIRE AT THE TEMPLE COURT APARTMENTS IN ADDITION TO COMMENDING CITY DEPARTMENTS THAT ASSISTED WITH THE RECOVERY AND RELOCATION OF THE TENANTS DISPLACED BY THE DESTRUCTIVE FIRE. RESULT: DISCUSSED Arthur Noriega (City Manager): So, a quick introduction to this video, so you're not like -- this -- give our Communications staff a big round of applause. They did a wonderful job putting together a video -- Applause. Mr. Noriega: -- of the whole transition of Temple Court Apartments in terms of, you know, what transpired, obviously with the fire and what ended in a wonderful resolution to that crisis. So, this video sort of recap -- you know, sort of recaps that whole transition and timeline. And so, we wanted to share it at the meeting and be able to sort of recognize what a wonderful job everyone who took part in that did, and played a role in. Audiovisual presentation made. Applause. Chair King: Thank you. That was a group effort, collective effort, and I have to acknowledge City staff who worked around the clock to make the residents as comfortable as they possibly could have been in the hotel. They made sure that they got clothing. You know, people donated so much, and there was so much effort between myself and Commissioner Gabela. We really worked hard to make sure that our seniors were treated with dignity, although they had lost everything. They left that morning, that fire, with just the clothes on their backs, which was pajamas, by the way. They lost everything. So, I'm honored that we collectively came together to do the right thing. And at this time -- Mr. Noriega: Madam Chair, if I may, I want to recognize David. Chair King: David, yes. Mr. Noriega: We did an exceptional job in terms of working with them and obviously our elected officials. Applause. Mr. Noriega: And I -- and I certainly don't want to forget the magnitude of the fact that there was no loss of life. And that's a credit to our Fire Department and Chief Hevia. Chair King: Yeah, absolutely. City of Miami Page 92 Printed on 10/15/2024 City Commission Meeting Minutes September 26, 2024 ADJOURNED Applause. Chair King: Absolutely. I could tell you that I got in touch with David that day. David, you have to go. We have to get them clothes. They don't have anything. And he did it. He didn't flinch. They worked so hard. It was a huge Herculean effort to make sure that they were okay. But staff really, they went above and beyond in this particular situation. I'm very part to be -- very proud to he a part of City of Miami for that and many other things as well. The meeting adjourned at 5:19 p.m. City of Miami Page 93 Printed on 10/15/2024