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HomeMy WebLinkAboutCC 2024-10-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 24, 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 October 24, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 24th day of October, 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 9:29 a.m., recessed at 12:13 p.m., reconvened at 3:19 p.m., and adjourned at 4:39 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:31 a.m., Commissioner Gabela entered the Commission chambers at 9:39 a.m., and Vice Chair Carollo entered the Commission chambers at 10:09 a.m. Chair King: At this time, we are going to begin our meeting, as we always do, with prayer. We have a little traffic jam getting to us. Good morning again. We have Bishop Jerome here that is going to lead us in prayer for our meeting today. Serge Jerome: Thank you. Honorable Mayor Francis Suarez and Chairwoman Madam Christine, members of the Commissioners and all guests, my name is Bishop Serge Jerome. I'm the senior pastor for Hillside Church of God, formerly known as the First Haitian Church of God. And this is a pleasure this morning to do the invocation. Let's bow our heads. Invocation delivered. Chair King: Thank you, Bishop. Commissioner Reyes, would you lead us in the Pledge of Allegiance? Pledge of Allegiance delivered. City of Miami Page 1 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 16861 PROTOCOL ITEM Honoree Presenter Protocol Item Cepero Eyecare Center Mayor and Commissioners Proclamation Miss Universe Cuba Project Mayor and Commissioners Proclamation Miami Latino Art Beat Competition Mayor and Commissioners Salute Lucas Kwiatkowski Mayor and Commissioners Proclamation Congresswoman Maria Elvira Salazar Mayor and Commissioners Check Presentation Phyllis Bellinger START Program Mayor and Commissioners Proclamation Van Orsdel Funeral & Cremation Services — Centennial Celebration Mayor and Commissioners Proclamation Renina Turner Mayor and Commissioners Proclamation City of Miami Police Chief Manuel A. Morales Mayor and Commissioners Salute RESULT: PRESENTED Chair King: Good morning, everyone. Welcome to the City of Miami Commission meeting for October 24th, 2024. Glad to see everyone here. We are going to begin our proclamation portion of the meeting where we recognize outstanding individuals or organizations who are doing wonderful things in the City of Miami. I'm going to turn the mic over to our mayor, Francis Suarez, to begin. Mayor Suarez: Thank you, Madam Chair. Presentations made. [Later...] Mayor Suarez: We also have Commissioner Raquel Regalado who just joined us, and I wanted to acknowledge her as well. And Commissioner Jean Monestime is here, former commissioner. Is he here? Where are you, Jean? Oh, my brother; look at you, always wearing a nice suit. City, of Miami Page 2 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Commissioner Pardo: We wanted to go ahead and recognize Phyllis Bellinger, who started the nonprofit program, the START (Striving to Attain Remarkable Teens) program, in 2014. Presentations made. 1) Mayor Suarez and Commissioners presented a proclamation to Cepero Eyecare Center and honored their dedication in providing excellent optical eye care for over 50 years in business. Elected Officials paused in their deliberations of governance to recognize the outstanding contributions in the City ofMiami. 2) Mayor Suarez and Commissioners presented a proclamation to the Miss Universe Cuba Project. The Cuban Communist Regime has refrained from participating in the Miss Universe Pageant for over 57 years, yet now, for the first time since, a representative .from the Cuban exile community will proudly participate in this international event. The Miss Universe Cuba Project, under the leadership of its President, Mr. Julio Cesar Cruz, will foster the promotion of Cuban visual arts, culture, music, and the beauty of Cuban women, contributing equally to both personal and societal achievements_jor the participants. This effort aims to highlight the talents of Cuban -born women, and/or the daughters of Cuban parents who have been displaced by the Cuban Communist regime, allowing them the opportunity to represent their heritage on a global stage as Cuban exiles or refugees in the Miss Universe Pageant. The successful implementation of the Miss Universe Cuba Project will not only empower Cuban women but will also bolster tourism, support local businesses, and enhance the cultural ,footprint of Miami -Dade County and neighboring cities, providing positive exposure .for the region both nationally and globally. Elected Officials paused in their deliberations of governance to recognize the outstanding contributions and to express support and approval of the mission to uplift and empower Cuban women, recognizing their invaluable contributions to the culture of the City ofMiami. 3) Mayor Suarez and Commissioners presented Salutes to the winners of the 2024 Miami Latino Art Beat Art and Film Competition winners. Their creative impact is a tribute to their extraordinary, artistic talents. Elected Officials paused in their deliberations of governance to recognize the outstanding and eminent contributions to the elevation of creative expression in South Florida and in the City ofMiami. 4) Mayor Suarez and Commissioners presented a Proclamation Lucas Kwiatkowski, a dedicated and innovative 10 year -old Jifth grade student at St. Stephens School. He has demonstrated remarkable initiative and leadership in advocating for pedestrian safety in the Coconut Grove area. Lucas researched safety programs' and successfidly proposed and implemented the "See Me Flags" system that enhances visibility and awareness at crosswalks. Lucas ,funded this first installation of this vital initiative through the proceeds from a lemonade stand, highlighting his entrepreneurial spirit and commitment to making a positive impact in his community and the "See Me Flags" program in used in many states around the country. Elected Officials paused in their deliberations o f governance to recognize Lucas' efforts that have garnered support from his local commissioners, business development groups, and residents alike, marking a significant contribution in promoting pedestrian safety in Coconut Grove with his initiatives that promote public safety and well- being in the City ofMiami. 5) Congresswoman Maria Elvira Salazar presented a check to the City of Miami for $3.5 million dollars for funding towards the Flagler Affordable Senior Housing Project, giving safe, beautiful, and affordable living to seniors in our community. City ofMiami Page 3 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 ORDER OF THE DAY 6) This project will add a substantial number of new housing units for seniors within the City, ofMiami. Mayor Suarez and Commissioners presented a Proclamation to Phyllis Bellinger with the START Program. The START Program began in 2014. Striving To Attain Remarkable Teens (START) is a non-profit after -school program that provides community -driven, experienced -based learning opportunities to middle/high school students ages 11 - 19 with a connection to Miami Florida's West Coconut Grove, who have financial and domestic hardships. Ms. Bellinger has been providing community connections for over 30 years. Elected Officials paused in their deliberations of leadership to honor and recognize her service elevating the quality of life of students and teachers in the City of Miami. 7) Mayor Suarez and Commissioners presented a Proclamation to Van Orsdel Funeral & Cremation Services who has dutifully served Miami and the South Florida community. for a century, providing comfort, dignity, and respect to all. families in their time of need. The centennial of Van Orsdel Funeral & Cremation Services is a testament to the enduring bonds it has forged and the unwavering dedication to excellence and innovation as a leader in this industry's noble calling. The founders and heirs served as community fundraisers and leaders in religious, educational, and civic organizations and provided unwavering commitment and compassion to all. Elected Officials paused in their deliberations of governance to recognize their remarkable achievements and recognize the invaluable contributions to Miami and South Florida. 8) Mayor Suarez and Commissioners presented a Proclamation to Mrs. Renina Turner, a highly esteemed educator and community servant, has demonstrated unwavering commitment as the current principal of Miami Jackson Senior High School. Miami Bethany Community Services, a non-profit organization, and Miami Jackson Senior High School, a public school, both based in the Allapattah neighborhood of Miami, Florida, have significantly uplifted the community through their dedicated service. Elected Officials paused in their deliberations of leadership to recognize and honor Mrs. Turner's leadership and partnership between Miami Jackson Senior High School and Miami Bethany Community Services elevating the quality of life in the City ofMiami. 9) Elected Officials paused in their deliberations of governance to wish a happy birthday to City of Miami Police Chief Manuel A. Morales and. further honored his achievements in the City ofMiami Police Department. Chair King: At this time, the City Attorney is going to read a statement for the record. George Wysong (City Attorney): Thank you, Madam Chair. George Wysong, City Attorney. 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 City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of City ofMiami Page 4 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 City Clerk or online at municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at 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 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 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 Commission chambers. Persons exiting the 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.com/meetinginstructions for detailed instructions on how to provide public comments 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 during the meeting to accept comments and distribute to the elected officials, their staff and the City administration up until the Chairperson closes public comment. Public comment may also be provided live here 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 what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, commissioners have generally been briefed by 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 shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ (Planning and Zoning) 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 testing on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly, present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For City of Miami Page 5 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices. 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. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your record -- your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals providing testimony to be sworn in for Planning and Zoning items and any quasi- judicial items on today's City Commission agenda will be as follows: Members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately. after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. 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. City Clerk. Mr. Hannon: Chair, may administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items -- those are the PZ items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. At this time, Mr. City Manager, do you have any items from this agenda that is going to be deferred or withdrawn? 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/or withdraw the following items: RE.2, to be deferred to November 21st; FR.3, to be deferred to December 12th; PZ.16, to be deferred to November 21st; PZ.17, to be deferred to November 21st; and PZ.18, to be deferred to November 21st. That concludes the items. Chair King: I'm going to ask my, colleagues if they have any items that they would like to defer or withdraw. Commissioner Gabela: Yeah, I got one. So, the FR.1, the repeal Chapter 62 and amend Chapter 17, I believe I'd like to defer that so we can have discussions with the neighbors and the groups that communicated with my office that they wanted to have an input and they wanted to have further discussion on this. Chair King: Until when? December or November? City of Miami Page 6 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Commissioner Gabela: 1'd say December so they can have, you know, can have a very good discussion where everybody is at and listen to everybody. Chair King: Okay, so -- Commissioner Gabela: If that's okay with you, ladies and gentlemen. Chair King: FR.1? Commissioner Gabela: FR.1. Commissioner Pardo: Thank you, much. appreciated. Chair King: And that's till December 12th. Commissioner Gabela: December, yep. Chair King: Are there any other items? No, Commissioner Reyes? Vice Chair Carollo: Chairwoman, I do not have any at this point in time. I just want to make it clear that on PZ.16, 17, and 18, I expect that we deal with these on November 21st. We had 80 percent of our residents that voted in August 20th to open up the outdoor gym in Maurice Ferre Park for all our residents to be able to use. I'm not going to play any more games with this, so please, whatever the Administration does, understand that I am going to push to hear this and take an up or down vote on the 21 st. Mr. Noriega: Understood, Commissioner. It was a notice issue I know that caused the deferral, so it won't be an issue for the next meeting. Can I clarify one of the deferrals, too? I listed FR.3 as a deferral to December 12th. It's actually November 21 st, the next meeting. Chair King: Okay. At this time -- oh, I'm sorry. We have Miami -Dade Commissioner Raquel Regalado. She would like to speak to us -- Raquel Regalado: Good morning. Chair King: -- on an item. Ms. Regalado: Thank you. Vice Chair Carollo: Is this a paid political advertisement or not? Ms. Regalado: Not unless you want to do an endorsement. Vice Chair Carollo: Okay, no, no. Ms. Regalado: I'm here -- Vice Chair Carollo: Only when your father endorses me, after I set him off in his political career, if you remember. Ms. Regalado: Good morning, Joe. It's always a pleasure to see you. Vice Chair Carollo: Good morning. It is a pleasure. City of Miami Page 7 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Ms. Regalado: Good morning, everyone. I'm here in my capacity as a County Commissioner for District 7 and also on behalf of DERM (Department of Environmental Resources Management). As many, of you know, we have a tree ordinance ourselves and what we would like to request is -- and thank you for the deferral -- as part of the deferral, to meet individually with each of you. I've spoken to the director so that we can do that. Specifically, Chapter 24 of our tree regulation state that your -- any municipality has to have an equivalent to or superior to standard. So, we have reviewed the ordinance and while we're in accordance with most of it, there are about jive points that do cause us concern. And we don 't want it to trigger unintended consequences pursuant to our ordinance. It could lead to double permitting or to double regulation and we would rather not do that. I've had an opportunity to speak to some of you and I know that the intent of it is to increase our tree canopy and to make it easier for folks to do that. And as your County partner and through DERM, we're even open to offering more trees to the City of Miami to help with the tree canopy and to show you what we're doing and how investing in more green infrastructure can also help with the storrnwater requirements that go into effect in March. So, I would really like the opportunity to meet with each of you individually with our director because I think that we all want the same thing and to show you what we're working on at DERM and how green infrastructure can help our community. So, thank you. Chair King: Thank you. At this time, may I have a motion and a second to set the agenda. Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Pardo: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: The agenda has been set. Mr. Hannon: And Chair, just briefly Jrothe record, Chair King will be sponsoring RE.5 and co -sponsoring RE.12. PUBLIC COMMENTS FOR ALL ITEM(S) 16856 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE OCTOBER 24, 2024 CITY COMMISSION MEETING. RESULT: PRESENTED Lucita Moran: Good morning, Mayor and Commissioners. It is most concerning and a slap in the face of every hard-working taxpayer citizen -- Chair King: Public comment is now open. City of Miami Page 8 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Ms. Moran: What? Is it my turn? Vice Chair Carollo: Who is this? Ms. Moran: Good. Okay. Vice Chair Carollo: And her name? Ms. Moran: All right. Of every hard-working taxpayer citizen that -- Vice Chair Carollo: Ma'am, ma'am, ma'am? Ms. Moran: -- in these hard times -- Vice Chair Carollo: Let her identify herself. Ms. Moran: -- you would even consider the likes of approving your life -term pensions. Former Miami City Manager, Emilio Gonzalez, called this shameful and despicable. The in -your -face pay of corruption in the City is beyond anything he has seen in his life. So many people are having such a hard time making ends meet, and the perks and benefits that you already enjoy so lavishly, to on top of that consider these pensions, which are far beyond -- I'm a retired counselor and teacher with Dade County Schools -- are far beyond any of us would ever dream of having. King, I believe you would have gotten $4,813 per month. I don't know of anybody that's those kind of pensions. It's really despicable and deplorable. Thank you, Gabela, for having your moral compass intact and saying that this vote should go to the people, and if it's not voted to go to the people, it should die. Thank you for that. Councilwoman King, your district is struggling to make ends meet and having a lot of financial issues, yet your main concern is your financial security in the future. I find that very unconscionable and despicable in the face of the hard-working taxpayer people of the City of Miami. Mayor Suarez -- where's Mayor Suarez? All right. Commissioner Gabela: Ma'am, I hate to tell you, but that issue is a nonissue because it's been vetoed. Ms. Moran: Mayor Suarez, thank you for having a moral compass and vetoing this bill. Thank you for that. You had gain -- you were to gain a lot of financial benefits yourself if you approve this, but you denied yourself that. Your father was a regular at my school, Shenandoah Middle. I'm a retired career counselor and teacher. He was a regular there and supported us. Chair King: Thank you. Ms. Moran: As did Willy Gort and Jimmy Morales. Chair King: Thank you. Ms. Moran: So, you see where it says "In God We Trust?" You all might reflect on that -- Chair King: Thank you. Ms. Moran: -- every now and again. Chair King: Thank you. City of Miami Page 9 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Ms. Moran: Thank you, and good day, and God bless. Chair King: Thank you. Todd B. Hannon (City Clerk): Ma'am, may we have your name for the record? Chair King: Ma'am -- Mr. Hannon: Ma'am? Chair King: -- ma'am, may we have your name? Ms. Moran: Lucita L. Moran. Chair King: Thank you. Good morning. Albert Gomez: Good morning, Albert Gomez, District 2 resident. I've got a lot to say here. CA.5, if it's a gift from FPL (Florida Power & Light) and we're not paying for those charging stations, great. If not, it takes away the opportunity for people to -- it is a gift, good. Unidentified Speaker: It is. Mr. Gomez: The RE.5, the Environmental and Climate Justice Community Change Grant, amen. Finally, getting those monies pushed forward. I just hope that it's not in support of continuing maintenance items, that it's actually putting money towards improvements beyond what we had and not just being put money -- grant money put forward to resolve issues that we've deferred. And then the (UNINTELLIGIBLE) -- RE.7, amen. We finally are taking care of our own and paying for our own waste in our own city. Good on you. All right, this is what we need to do, the leave no trace. I wish there's a little money in there for education so we can get the rangers out there to teach people on leave no trace. RE.10, affordable housing, finally putting money into what we said we would do with the bond. Way to go, Commissioner King. And then, you know, I'm glad it was deferred, Commissioner Gabela. We can 't relax. I understand the climate resilience and understand storms and the importance of getting permitting done. We should just put it on stag: Have a arborist on staff that supports. One final statement that I would like to say is that I find it rich -- I'm going to have compassion on this, but 1 find it rich that Senator Salazar came to give a check to a very important item but voted no for the act that put the money forward to get that item put in. I find that rich. Applause. Chair King: No clapping, no clapping. Vice Chair Carollo: Chairwoman, if I may, did we take up, which I was under the impression that's what usually we take up before even public hearing, any mayoral vetoes? Chair King: No, the mayoral vetoes comes -- it can be the first item on the agenda, but it has to be open for public comment. While there is a veto that the Mayor has, we have to allow the public to speak on behalf of that veto. Vice Chair Carollo: Well, that's -- I've got no problem with that, but I was just wondering if we should have -- Chair King: Yes. City of Miami Page 10 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Vice Chair Carollo: -- taken that up first or not. Chair King: No, because we have to have public comment. Vice Chair Carollo: Okay. Chair King: Good morning. John Dolson: Thank you. John Dolson, 4205 Lenox Drive, Coconut Grove, Florida. I'm a proud M&M (Mean & Miserable). I've showed up here and I want to thank Mayor Suarez Jrogiving the pension thing a chance to have public comment and come back and rethink it. I want to thank you guys for the hard work you do put in. And I do think this needs to go to the public for a vote. About a month ago, you showed a video here, which I found quite inspiring, where at least four of you, possibly five, helped restore a community where people lost their home in a fire. And I made a comment then a month ago that if you were doing that kind of stuff on a monthly basis, you would have overwhelming support for some kind of a grand pension. Now I brought my m&m's because there was a comment made about M&Ms, people who show up here and vote. And I looked at these things and I thought, these actually are kind of -- you know, they're -- they come in all many different sizes and sorts and colors. They're very, diverse. And it's just like this group that's out here today. So, I brought these to pass out to anybody that wants to be a proud M&Mpublic speaker. But again, I want to also thank you for moving the FR.1 back to get a grip on how the County and the City work together. We need more trees. We need more trees to combat the increasing heat we're getting with climate change, a number of things. But proud M&M that came to speak. Thank you for giving us a chance to speak on the pension. Chair King: Thank you. Thank you for always showing up. Good morning. Ralph Rosado: Good morning. Good morning, Madam Chairwoman, Commissioners, staff and Miamians. My name is Ralph Rosado. I reside at 3340 Southwest 16th Terrace. I want to thank Commissioner Reyes for placing RE.12 on the agenda. This is an item that's very important to everyone in Coral Gate. If you reside in Coral Gate, please wave your hands. Thank you all for being here. Coral Gate is the City's first planned subdivision, and it is the City's first neighborhood conservation district. It is an exceptional place to raise a family and that's reflected by the fact that we want to preserve it and collected, in just a couple of days, over 800 signatures from folks that are upset at the way that the Live Local Act is potentially going to affect us. Live Local was passed last year; it was amended this year. It is a well-intentioned law to create workforce housing units in a city that desperately needs workforce housing units, but in some ways, it goes too far. In our neighborhood's case, that's certainly the issue. And it does two things that are particularly problematic. It preempts you, our local elected officials that were voted into office to make decisions on our behalf and it preempts us as neighbors from even having a voice in these important zoning decisions. We are the neighborhood that abuts the Sears site located at 37th Avenue and Coral Way. It's one of the last Sears in the country. We know it's going away. What was proposed by the developer before Live Local was approximately 1,050 residential units, a grocery store, restaurants, 2,000 parking spaces. And now under Live Local, you can basically multiply that times six or seven times, and you can bring a project that would otherwise be compatible only in Brickell into our neighborhood and potentially bring us 8,000 residential units, creating massive gridlock, deteriorating our property values and our quality of life. We would very strongly urge you to take one of two actions. Many residents would like for you to purchase it and make it into a park that would certainly preserve our neighborhood. We know that's a challenge, so we City of Miami Page 11 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 would like to offer a second course of action, which would be pushback on the State in the way that Orlando and a lot of other cities are doing, even if it means suing the State and preserving properties and neighborhoods like ours. So, if you are a Live Local project next to a single family neighborhood, the zoning is locked into place, and you can't build anything bigger. Chair King: Thank you. Mr. Rosado: Thank you. Applause. Chair King: No clapping, no clapping. We have to do this. We have to do this. No clapping. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. What do you call a Cuban man with a rubber toe? And the answer is Roberto. In 2023 and 2024, Miami City Mayor was under investigation, the City Manager under investigation, the City Attorney removed nine days earlier under investigation, commissioner of District 1, removed from office by the governor and still facing criminal charges, commissioner of District 3, from his bully pulpit, every day, every minute, legal fees in the millions and millions of dollars. And Chair King, it was a little disappointing for me to hear you refer to us as mean and miserable. I think of us as sweet, and I brought m&m 's to replace mean and miserable with sweet. Chair King: You know, I didn't say everyone is -- and certainly, you are not in that group because you come, you always give us a joke. It wasn't intended for the universe of people, and for anyone that took it that way, that is not what I meant. Mr. Kurland: Am I still on my time? Chair King: You still are on your time. Mr. Kurland: And finally, I'd like to thank Mayor Suarez. A veto of this pension bill was absolutely called for, and thank you very much for that. Unidentified Speaker: Bravo. Mr. Kurland: Thank you, ladies and gentlemen. Chair King: Thank you. Good morning. Maria Cristina Suarez: Good morning. My name is -- Vice Chair Carollo: Can I speak on behalf of Roberto? Mr. Dotson: If you want more, I've got a whole bagful here. Chair King: I don't eat m&m 's. Ms. Suarez: My name is Maria Cristina Suarez. I live in Coral Gate. One of the very few, if anyone else has a suburb like ours, family members, kids, pets, everybody can walk there safely. If the Sears development is allowed, we will lose that freedom and we will lose our neighborhood. By the way, all of those people are going to come and walk all around. We don't know who's going to be there. Kindly review this project and make us continue to be peaceful. Thank you. City of Miami Page 12 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Thank you. Good morning. Debbie Dolson: Good morning. Debbie Dolson, 4205 Lenox Drive, Coconut Grove. I came this morning, and I'm surprised that actually I'm here to give thanks to some of the wonderful things that have happened here this morning. I'd like to preface, though, by saying that come here, as do lots of other people, to make comments that are meaningful and mindful. And I also email, I call, I talk to our commissioners in person, always with meaning and mindfui in my comments. So, I hope that you respect the residents and your constituents and by respecting us, we will, of course, respect you. First, 1 would like to talk about the mayoral veto and thank Commissioner -- I'm sorry, Mayor Suarez, ex -commissioner, for vetoing this extremely expensive and self=serving piece of legislation. Thank you. I support it a hundred percent. Secondly, I'd like to thank Commissioner Gabela Jrodeferring FR.1 and offering a chance for people like me and our residents to further explore this super, super important part of our code. So, thanks to both of you. Thank you. Chair King: Thank you. Good morning. Michelle Estlund.: Good morning. Thank you, Chairwoman. My name is Michelle Estlund. I am a resident of Coral Gate community, and this is my, first time attending a City of Miami Commission meeting. I came across the way over 37th Avenue from the Cables, so so far this is much more fun. I appreciate all of your attention. I want to say thank you to Commissioner Reyes for sponsoring RE.12. And you know, my experience in living in Miami -Dade County since 1995 has been that we are different from everywhere else in the state of Florida. And one of the things that I cherish is that we are different. And I don't think that when the Live Local Act was passed, the differences in communities was really contemplated. We do need more affordable housing. But we had Congresswoman Salazar come in, I disagree with her on many issues, but she talked about local governance and on that I agree. The bishop came up here and prayed over all of you and he mentioned keeping in mind the interests of the local residents and on that I agree. So, I come before you to ask that you please advocate fiercely for our ability to govern ourselves, for you to look after our interests. And we might fight a lot, we might be really different, we are really different, but nobody from Tallahassee needs to come here and tell us how to create affordable housing. We are capable of that. We trust you to look out for our interests, and I'm going to ask you to please advocate for the amendment of the Live Local Act in a way that allows communities to have notice, to have an opportunity to be heard, and to have our Miami interests recognized and honored because we are different, and we need to stay different. Thank you very much for your time. Chair King: Thank you. Good morning. Santander Arguelles: Good morning. My name is Santander Arguelles. 1 am the chief program officer of the Allapattah Collaborative CDC (Community Development Corporation), and I'm here to express our support to small businesses in Allapattah with the item RE.6, Breaking Barriers to Business, B3 Initiative, that aligns with the present needs or priorities of the Little Santo Domingo community, as well as Overtown and Coconut Grove, to accelerate wealth building for small businesses and closing the racial income and wealth gap, providing technical assistance, business development, and access to capital to businesses in our community. Through collaborative efforts with the City of Miami, we have successfully, leveraged available resources to benefit the small businesses in our area, and we look forward to promote economic ownership to build generational wealth for all the several small businesses. Thank you. Chair King: Thank you. Good morning. City of Miami Page 13 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Kevin Aronoff: Good morning, Kevin Aronoff. I live at 3360 Southwest 2lst Street, Miami, 33145. I'm a long-time resident in Coral Gate neighborhood, 67 years living in the same house. It was my parents' house. 1 live right around the corner from the Sears project. And as that project goes through, due to the Live Local Act, there's been more people living there than what originally was supposed to be there. It was supposed to be 600 units built over there. It went to 800 units that they were going to change the zoning. And now with the Live Local Act, it's over 1,000 units and over 2,000 people living in there. Manolo Reyes, our commissioner, does a lot for that community. And our Mayor Suarez used to live in the community. He also has done a lot for that community as well. So, I'm asking all of you to please look at the Live Local Act and do something and not build that big project there. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Commissioners. Good morning. Have you cued up? IT (Information Technology)? Yeah. I had to be creative today because you deferred my item, which I'm grateful on the whole illumination thing. So, I'm going to kind of tie in what I'm going to show on the screen to DI. I, which is a discussion item. So, please don't cut my time. I want to point out a couple of things. As you look at this picture here, this is downtown Miami with graffiti at one of the buildings. I'll guarantee you if . this was down the Grove, Edgewater, Morningside, or anywhere else, there would be an uproar and a witch hunt here. This was reported to the County, because it's a County asset, in two weeks' time. This is what they did within two weeks. They took care of the problem proactively when we reached out to Code Enforcement here with Robert and everyone else that assisted us. But the big picture is this building here in Downtown Miami in which Commissioner Caroilo and Commissioner Reyes spoke about several times at a DDA (Downtown Development Authority) meeting and a Sunshine meeting that you guys were going to step up to the plate and take care of this problem. Again, nothing is being done. It's been a year. The permitting issue has been a problem. The FDOT (Florida Department of Transportation) permitting has been a problem. But Downtowners that pay the highest tax in this entire city are stuck with this problem. I'm asking what are we going to do about it? Because this is not an Art Basel situation. This is a disgrace to the city of Miami and it's constantly happening. Because I'll guarantee you the Grovites that are here would be here in droves. It's not fair. I'm kindly asking you, whoever is responsible, might be District 2, to step up to the plate and give an order to tear down the building and/or take away that graffiti that we have to live with. That's an ask that when we did that with the County, they took care of it within two weeks, Chairwoman. It's not right. So, I kindly ask you to please be proactive on some of the things that you two have spoken about to take care of these problems that we're having in Downtown. Thank you. Chair King: Thank you. Good morning. Sandra Gonzalez: Good morning. My name is Sandra. I'm a resident of Coral Gate. First, let's recognize the first thing. Affordable working housing is important. Nobody denies that. And I think the City has to address it and we all as residents will benefit of having people work near their jobs. It's important because it reduces the cost for workers because they can spend less money getting to and from work, and it also increases the quality of life because it reduces the time they spend to go to and from work. Now, time spent in a traffic jam affects everybody. It affects workers and it affects residents. Now, the quality of life for residents living in areas when a high - density building is built affects the community. So, you are addressing the issue of increasing the affordable housing, the worker housing, but you are negatively affecting the quality, of life of residents and workers. The workers have to spend more time getting away from a high -density area to get to work, and people that live in the area are affected because they have to spend more time getting out of their City of Miami Page 14 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 neighborhoods. So, why build these enormous buildings in communities that are cohesive, that are functioning, that are beautiful? Because we want to live in a beautiful city, and Coral Gate is a beautiful part of town. Every time I go up in the parking lot of that shopping center that is next to the Winn -Dixie, and I park, and I look out at the view to Coral Gate, I go, this is the most incredible view. Why? If there's a sea of green that is created by the Coral Gate residents that we planted that we care for and that we created. We created a green beautiful neighborhood, is greener than anything around. And then you have the City of Coral Gables, which has beautiful buildings, low buildings, beautiful that provide a view. Chair King: Thank you. Ms. Gonzalez: So -- Chair King: Thank you. Ms. Gonzalez: -- please don't put -- don't damage -- Chair King: Thank -- Ms. Gonzalez: -- don't let us destroy what Coral Gate and Coral Gables have created -- Chair King: Thank you. Ms. Gonzalez: -- in beautifying our city by building enormous projects right there in the Sears parking lot. Thank you. Chair King: Thank you. Good morning. Najeeb Campbell: Good morning, Commissioners and Mayor. My name is Najeeb Campbell, and 1 am the president of the Buena Vista West Neighborhood Association. My address is 528 Northwest 47th Street. And I'm here to speak on items PZ.1 and PZ.2, 14742 and 14743. This is the Upper Buena Vista development. I live in the area and the developers have been very transparent and open with what their plans are for this development. And as a resident and a proponent of the development, I see that the compromise that they are asking for; and we as the neighbors are asking for, is between a holistic developer's artistic development of a property that everyone enjoys, that has preserved a tree canopy, and it's been very holistic and sustainable versus the Live Local Act potential that can threaten this development. The Live Local Act is here and it's real, and 1 think I would encourage the commissioners to approve the zoning change because to grant a couple more floors, stories, to a holistic minded developer versus the property being threatened by the Live Local Act and the entire neighborhood lose such a beautiful place that we all enjoy, I prefer -- I think the choice for me is clear. I encourage the Commissioners to consider this and approve the zoning change for the Upper Buena Vista development. Thank you very much. Chair King: Thank you. Good morning. Anne Knowles: Good morning. My name is Anne Knowles. I live at 3640 Southwest 19th Street. I'm a Coral Gate girl. And I'm here just to give the perspective of that when I walk outside of my -- in the back of my home, I'm facing the Sears project. And it's so nice to go out there right now. And the thought of a big building there, you know, I would want you to have the perspective that if this was your home and you would be facing this, you would be here also because you wouldn't want that in your backyard. So, I do believe in, you know, progress and everything, but it's -- in City of Miami Page 15 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 my opinion, it's just too much, too much parking, too much, you know, changing the climate. And so, that was what 1 wanted to say, and 1 hope that you guys will take that into consideration. Thank you. Chair King: Thank you. Good morning. Carl Roberts: Good morning. My name is Carl Roberts. I'm a District 2 resident, and I'd like to start off by thanking my district commissioner, Damian Pardo, for voting no on the veto on the pension and to thank Mayor Suarez for vetoing it. Politics is hard. We all know that. But all of you came out of the private sector, some of you were activists, and you decided to become a politician. You knew what the salary was. You should have known what the hours are. And now you want to vote yourself a full-time, lifetime pension? It's unconscionable. This is the job. It's hard. I get it. But you chose to do it. Nobody asked you. Nobody of your constituency twisted your arm to make you become a politician. You have staff that handles a lot of the problems that you're facing. And I think you should take the time to think about how you're going to tax the citizens that didn't even put you in office for years and years to come. They don't have the money. You're taxing senior citizens, you're taxing elderly, you're taxing low income, you're taxing people who don't even work so that you can get a pension. And most of you had careers that started long before you became politicians that you can go back to. Some of you have businesses, so income is not an issue for you. So, why would you think voting a pension for yourselves, without considering the people's concerns and opinion, I have no idea why you would do that. So, I implore you not to give yourself a pension. Again, thank you. Chair King: Thank you. Good morning. Akini Lopez: Good morning. My name is Akira Lopez. I own the properties located at 1940 Southwest 33rd Court, 3250 Southwest 18 Terrace, 3511 Southwest 21st Street and several other Properties across Miami. The properties I mentioned reside inside the Coral Gate residential community. The City of Miami has enacted policy to protect neighborhoods by allowing designation of conservation districts. As such, Coral Gate has been granted this protection via NCD (Neighborhood Conservation District). In fact, it's the first neighborhood to receive such protection. Coral Gate is designated as Miami's NCD-1. We are the first conservation district. How is it that this new state law, Live Local, enacted recently, can supersede all of the efforts the residents of Miami have fought so hard to implement? How is it that Live Local can now endanger neighborhoods with NCD status? The City of Miami needs to act now to protect its constituents, its residents, and its neighborhoods. The City needs to create exceptions to Live Local. What's the point of designating a neighborhood for conservation if that conservation can be nullified by fiat? Miami -- I'm talking to all of you, right? -- where are your constituency? It's time to step up and stand up for its residents and its neighborhoods. Thank you. Chair King: Thank you. Good morning. Robert Kirby: Hi, good morning. Good morning, fellow public servants. Thank you for listening to us. My name is Robert Kirby. I live in Coral Gate. Amplifying what other folks are saying here, again, thank you for acknowledging and listening. Thank you, Commissioner Reyes, for introducing the RE.12. We support your effort to try to convince the legislature in Florida to tweak that legislation to exclude that being -- the Live Local from being applied next to our NCD, wonderful neighborhood. Thank you, sir, for doing that. Nobody here is opposing workforce housing. We are the workforce. If I take a stone and throw it from my house, I've got a firefighter behind me, a principal at Miami High, a police officer. I work for the Army. We are the workforce. We already have a traffic cut -through problem. We already have that. It was shown in 2017 when we had a traffic study done. We already have that. That City of Miami Page 16 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 cut -through problem is going to get worse. It's going to make our streets even less safe. This law, as it is right now, takes away any tools that you may have, that we may, have, or leverage to provide input into the process, that's not democratic. And it's a developer giveaway. We again thank you for listening to us. The added traffic will make our streets even less safe. We support language that disallows Live Local next to NCDs. We support existing working class like us already established in the Gate in our quality of life. Thank you. Chair King: Thank you. Good morning. Sebastian Rayo: Good morning. Good morning, everyone, Mayor, Commissioners, and everyone present. Thank you for listening to us. My name is Sebastian Rayo, and I am a resident of' 1920 Southwest 33rd Court in Coral Gate. My wife and I have been proud residents of Coral Gate for five years now, and it has been nothing short of a dream come true. We worked hard to make our home perfect in this beautiful close-knit neighborhood, and it wasn't a hard decision for us to settle in after we met so many neighbors that for generations have lived in Coral Gate. Now as we are less than two weeks away from welcoming our first baby, we're excited to finally live the life we've always envisioned, raising our children in a peaceful, safe neighborhood. We've been looking forward to teaching our child how to ride a bike, seeing him play outside with other kids in the neighborhood, and take our usual afternoon walks. But it deeply saddens me to think that this may all change. The massive 1,000- unit proposal under the Live Local Act would forever alter the character of our neighborhood. While the Live Local Act is well intended, it is not designed for single-family neighborhoods like Coral Gate. The City of Miami specifically created NCDs, Neighborhood Conservation Districts, to protect residential areas like ours. The purpose of NCDs is to maintain the integrity, character; and charm of neighborhoods like Coral Gate, ensuring that the development is fit within the existing community. However, this state law is overriding the City's policies and threatening what NCDs are created to protect. On behalf of my family, my neighbors, and more than the 800 community, members who have signed a petition to amend the Live Local Act, these signatures represent not just Coral Gate, but people across the city and state who believe that communities like ours deserve protection. We are not opposed to the development, but we ask that the Live Local Act be amended to better suit neighborhoods like Coral Gate, where the focus should be maintaining the character and quality of life for the families who live there. This proposed project would bring significant traffic issues, put a strain on our infrastructure, affect our school zones, and impact the overall cleanliness and safety of our neighborhood. The City of Miami created NCDs to preserve neighborhoods like Coral Gate, and I urge you to protect us from a state law that overrides the City's own policies. Families like mine moved here because we wanted to raise our children in a quiet, safe, and stable environment. We ask that you stand with us in preserving the future of our community. So, please, 1 ask all of you, like our shirt says, save Coral Gate before it's too late. Thank you. Chair King: Thank you. Good morning. Amy Polanco: Hi, good morning. My name is Amy Polanco. I live at 3330 Southwest 20th Street in Coral Gate. I've proudly called Coral Gate home for years. I'm here today to urge you to support Resolution RE.12, which is critical in protecting our neighborhood from a high -density development that threatens the character and safety of our community. This isn't just about Coral Gate, though. It's about preserving the integrity of all Miami's neighborhoods. We've seen what happens when developers go unchecked here. Coconut Grove, Little Havana, Liberty City, these communities are being transformed in ways that leave residents behind, the same residents that counted on you precisely -- previously. RE. 12 is your opportunity to stand with the people who live here, not the developers who profit and leave us to City of Miami Page 17 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 deal with overcrowding, reduced safety, and loss of green spaces. The Live Local Act is being used as a loophole to force massive projects into areas where they don't belong. We're asking you to protect our neighborhoods from being overtaken by outside interests. It's kind of hard not to point out the irony here, one of you recently losing an embarrassingly large lawsuit, for illegally, using your position and power to harass a business in the very same neighborhood you represent, and the majority of you up here having accepted developer donations throughout your careers. Now we're expected to trust that same judgment when it comes to protecting our communities. It's outright depressing that we're standing here asking that our elected officials put the residents first. Supporting Resolution RE.12 gives you the chance to show us that you do, in fact, represent the people of Miami. Protect our homes, protect our families, and honor the trust we placed in you when you were elected to serve. Chair King: Thank you. Good morning. Jacqueline Gross -Kellogg: Good morning, good morning. My name is Jackie Gross - Kellogg. I've lived in Miami since 1975 and I'm the Democratic candidate for Florida House District 113. I'm in support of the resolution to urge Governor DeSantis and members of the Florida Legislature to amend the Live Local Act. I have knocked on a lot of doors, you can imagine. Traffic, noise, losing the feel of their historic neighborhood, and the cost of property insurance are the main concerns from residents of Coral Gate, Shenandoah, the Roads, Little Havana, North Grove, and Key Biscayne. Although the Grove and Key Biscayne have been deemed safe from Live Local, as stated by Representative Vicki Lopez, who co -sponsored the legislation, all of the neighborhoods I mentioned have longtime residents, many second generation, whose input should be valued and appreciated. I believe all of you, like myself have a deep connection to our City. We all want affordable housing for our workforce, infrastructure first and local input to get it done right. In addition, in regarding to the tree canopy ordinance, there are studies that prove tree canopies increase property value, quality of life, and lowers crime. So, thank you so much of your support of that. Have a nice day. Chair King: Thank you. Good morning. Elizabeth Narvaez: Good morning to everyone. My name is Elizabeth Narvaez. I'm sorry I'm not good in English. I prefer Spanish, but I am going to do my best. It's from my heart how I am feeling. It's terrible. One, because 1 work very hard. I ani from Ecuador. I'm sorry, but it's hard for me because I live in Coral Gate for 20 years. My house is 3280 Southwest 21st Street. It's behind Winn -Dixie. The problem that 1 have is because it's Winn -Dixie, the garbage behind my house, you can see in 311, many times I make reports because the smell. And it's just a small building. Now, can you believe how it's going to be if it's a big one, more people? My house, what get at Coral Gate is the best area in Miami. I decided to go out there, my kids, like in my country, in nice neighborhood, playing in the street. Still I have pictures from my kids, three, not too old, but three kids. They grow up, we are thinking to get more house for them to be close to us, because it's close to everywhere in Miami. So, I work very, very hard. My husband is a post office guy, that he works in the sun to try, to maintain to living here in Coral Gate. I don 't -- I really don't want this project because Coral Gate is a -- 21st Street, it's not out, so they can't get out. Still coming people walking and threw garbage in the street, so I have to get -- get it -- all the garbage in my -- in front of my house. Can you believe it, imagine it how it's going to be if there's another building there? That's why I come in, try to -- don't laughing about my English, (FOREIGN LANGUAGE) it's hard. So, just, I really, I don't want. I want better. Miami is the best city in the world, so I want this area still keeping be - City of Miami Page 18 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Thank you. Ms. Narvaez: -- the best one. Chair King: Thank you. Ms. Narvaez: Thank you for hearing me. Chair King: Thank you. Ms. Narvaez: Thank you so much. Have a nice day. Chair King: Thank you. Good morning. Abed Hammoud: Good morning. My name is Abed Hammoud. I live at 889 Northeast 78th Street. I live a few blocks away from this project. I'm here in favor of 7500 Biscayne Boulevard, the parking garage. I'm in favor of this project and -- because we need it, that area need it really. And Ms. Avra, she is doing a good job in that area, she improved it. And respectfully, Commissioner, I ask you to approve it for the benefit of the area. Thank you very much. Chair King: Thank you. Good morning. Andy Parrish: Good morning, Commissioners. Andy Parrish, 3940 Main Highway. Today I'd like to talk to you a little about carrots and sticks and particularly with regard to FR.1 and particularly to Commissioner Gabela. Right now, in the development of Miami, there are lots of carrots for developers and they're called square footage. Houses are all sold by per square foot. Commercial buildings, the bigger you get, the more rent you can get. So, there are lots of carrots dictating our development in the city. What I'd like to see in FR.1 is some carrots or tree canopy, which we all want to see. Everybody says we want to see it, but there are very few real carrots in our code to say, if you do this instead of that, you plant more trees or preserve more heritage trees, you'll -- that's a bonus you can get in our code as well. I don't know what that would be. I think that should be part of the discussion, Commissioner Gabela. But right now, there are architectural plans, computer programs existing right now that a lot of the architects use that you can put in any property, any residential property in the City of Miami, push a button and it will tell you the absolute maximum size of residence or dwelling you can build on that property. Using every single aspect of our code, every variance, every waiver, not variance, but every waiver, it will all pop out in 30 seconds. That is a real incentive for massive development, overdevelopment, with disregard to trees. If instead to counter that we had more carrots, more carrots in there for increasing tree canopy, we'd see more of it. And we wouldn't have to rely on enforcement after the fact to say, well, you really shouldn't have cut down that or moved that one. So, let's look at the carrots, Commissioner Gabela. If we would, if you would lead the charge on that, I'm available to help. And that's what I'd like to see. Thank you. Commissioner Gabela: I'd like to respond to you since you mentioned -- Chair King: No, we can respond when we get to the item. Commissioner Gabela: Well, you guys responded, I heard you guys talk. I'd like to respond. With all due respect, real brief,' the objective of this, sir, is not to cut down trees or do anything of that sort. It's to move the -- make the permitting system a little bit more easier because there are bottlenecks in the permitting system. That is all. We do not mean to cut more trees down. This is not what this is for, but we'll discuss that at a later date. Thank you. Thank you, Madam. City of Miami Page 19 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Thank you. Mr. Parrish: I'm not saying to pull any teeth, Commissioner. I like the teeth part of it, but what I'd like to see before we even get to the teeth is more carrots to incentivize people to do the right thing ahead of time. Thank you. Chair King: Thank you. Good morning. Avra Jain: Good morning. Avra Jain, 720 Northeast 69th Street. I'm speaking in favor of SR 2, which is allowing for the 20 foot increase in the historic MiMo (Miami Modern) District. First, I want to commend the Chair for all your community outreach for all projects in our neighborhood. That's appreciated and I hope the residents feel heard. Just so the Commission understands, you are not approving a project. All you're doing is allowing for a project to be presented, a public private project, Miami Parking Authority project, to be presented to the HEP (Historic and Environmental Preservation) Board so that they can then go through the regular process of design review and approval. Everybody wonders, like, what am I getting out of that? I mean, I think everybody, knows all my work on Biscayne Boulevard, the Vagabond, all this, nothing. I'm donating the land, I'm giving up the TDRs (Transfer of Development Rights), I'm subsidizing the parking garage, and I'm leasing back my own parking spaces. So, the bigger question is, is why am I doing this? I'm doing this because MiMo has been asking for this for 15, 20 years, and the MPA (Miami Parking Authority) stepped up, and we have one chance on one piece of property that could be a solution. So, I'm asking for you to give it the opportunity. And for all the people that fight, the naysayers, you know, it's really unfortunate because they count on us getting fatigued and tired. I don't need a thank you, but taking the joy out of doing good work really, really kills the spirit. Please support the amendment. Chair King: Thank you. Good morning. Steven Wernick: Good morning, Madam Chair, Commissioners. Steve Wernick, address 396 Alhambra Circle. I'm here in my, capacity as chair of the City of Miami Working Group for the Builders Association this morning, speaking in support of PZ.15. This is the Administrative Site Plan Review Ordinance. This is a process improvement to Miami 21. This has been worked on very hard by your staff and Planning Department, Office of Zoning. There's been a lot of interaction with stakeholders to create a new process that gives people options, owners and applicants. The Planning Board supports this and we ask for your support today on first reading. Thank you. Chair King: Thank you. Good morning. Katherin Schultz: Good morning, Commissioners. My name is Katherin Schultz, and I reside at 160 Northeast 44th Street, a beautiful neighborhood as I know you know, Chairman King. I'm here to express my support of items PZ.1-14742 and PZ.2- 14743. As the records show, both the City of Miami Planning Department and the Planning, Zoning, and Appeals Board have recommended its approval. The PZAB (Planning, Zoning and Appeals Board) vote was unanimous with seven in favor and zero against. Like the majority of the residents, I believe that the developers should be rewarded for creating a model of conscious development in our community and have the flexibility to upzone to add much needed residences to our neighborhood. I respectfully request for the approval of the Upper Buena Vista upzoning. And I have some quotes from our previous conversations with the Planning, Zoning and Appeals Board, such as Chris Collins, PZAB chair, who stated, "They deserve the trust to do what's right with the properties, and I think in this case, they deserve some levity with the upzoning. " As well as Adam J. Gersten, PZAB member, District 5, "So, in City of Miami Page 20 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 terms of what we seem to always ask for, this feels like it falls squarely within what we're always talking about, what we wish we would see more often." And Juan Carlos Zapata, PZAB member; District 2, I understand that the transit corridor that they're in is a very broad street, very broad wide road. It would make sense that over time that would become higher density. " Thank you. Chair King: Thank you. Good morning. Mani Azeri: Good morning, Manny Azeri, 114 Northeast 50th Terrace, and I'm here to speak on behalf of items PZ.1-14742, PZ.2-14743. I'd like to let you know that 1 live in and I reside within 310 feet of the proposed development, and I have 125 feet of frontage onto the subject property that are in these items and on the same exact street. If it's not the largest frontage, it's one of the largest frontages, which makes me and my family one of the most affected by the proposed changes. We have been property owners and residents of this amazing neighborhood over a decade and have seen all the changes throughout the years. Upper Buena Vista, which is the name of the subject property, have had a positive impact in our neighborhood from the day of their inception. They have helped clean up our neighborhood from crime and given it an extremely great curb appeal. They made a space where we have a sense of community, provided jobs to dozens and dozens of people. I would also like to mention that I'm only a neighbor of this amazing project and have no direct involvement in it. Given all that, I strongly support the changes proposed on these items since I believe it's not only going to involve our neighbor -- since I believe it's only going to evolve our neighborhood to be even better. Thank you. Chair King: Thank you. Good morning. Michael Samson: Good morning. (FOREIGN LANGUAGE). Mayor, Commissioners, Chairwoman, my name is Michael Samson. I live at 15 Northeast 50th Street. I'm the president of the Upper Buena Vista Neighborhood Association. I want to thank the commissioner for having facilitated a meeting between the lawyers, the developers at her offices to have a discussion about the concerns of many of the residents who live in this neighborhood. Javier Fernandez, I think he's the mayor of South Miami, provided the covenant to the City. I thought the City would respond in kind with regards to its enforceability. I learned yesterday that to figure out if this covenant has enforceability, I need to meet with the City Attorney. So, I'd like to request that meeting so I can have the discussion because what our neighbors are concerned about is that this covenant won't be enforceable, potentially the project gets sold, and we have to deal with a new developer. At 9: 03 this morning, I got an email from Diego telling me the developer's positions. We need time to basically sit down with our constituents and review this. I'm pro -development. 1 like responsible development. I want to make sure that our voices are heard. 1 struggle with understanding why we as neighbors have to give up something for a developer. We want to meet halfway. I would ask basically you all to temporarily defer this, PZ.1, PZ.2, until we get a chance to review this with our associates and get back with the developers and your team. Thank you. Chair King: Thank you. Good morning. Ryan Breault: Good morning. My name is Ryan Breault. I'm a resident of Coral Gate. In addition to the Sears development, I also wanted to point out that on -- or at 1715 Southwest 37th Avenue, one of the only entrances into Coral Gate, there is also another large development that is coming about an eight -story, massive 120-unit development to cause a ton more of congestion, traffic. And that's not even counting the Sears development where these streets surrounding the entire neighborhood can support that. In addition to that, this new development at 1715 is pushing literally right up against the wall of a entire community that begins into Coral Gate. So, I City of Miami Page 21 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 wanted to point that out and hope that we could be mindful that now the entire area of Coral Gate stands to be closed in by large developments. So, 1 definitely want to second everything that everyone said from the Coral Gate residents and hopefully we can do something to, you know, save this community. Thank you. Chair King: Thank you. Good morning. Justin Oates: Hi, Justin Oates. I'm here to speak in support of PZ.1 and PZ.2. Those are numbers 14742, 14743. Ilive at 44 North -- (COMMENTS MADE OFF THE RECORD) Mr. Oates: I live at 44 Northeast 46th Street. I think ownership at Upper Buena Vista has been really good. They've been very strong stewards of the community in my view over the years. They've been going for a very modest rezoning. I happen to work in real estate and understand how a lot of the dynamics work here. Since this rezoning has been contemplated, Live Local's come into play. I think current ownership is very in tune with what's good for the immediate neighborhood and they've brought great amenities to the neighborhood, and I think they're great stewards for our community. And I support them going forward with this modest rezoning which really gives them a -- they're willing to sign a covenant restricting Airbnb, restricting short-term rentals and go forward maximizing their unit count at I think around 50 units. So, I think at this point rather than continuing to go around in circles, I'm supportive of moving forward with finalizing this and having them sign the covenant. Thank you. Chair King: Thank you. Mr. Hannon: Chair, can I have the speaker's name for the record? Sir? Chair King: Justin. Mr. Oates: Sorry, Justin Oates, 44 Northeast 46th Street. Mr. Hannon: Thank you. Chair King: Good morning, Elvis. Elvis Cruz: Good morning, Commissioner. For PZ.11 and 12 and SR.2, instead of designing a project to fit the law, they want to change the law to fit their project. Commissioner King, this is your call. These are your constituents. The last time the developers tried to upzone the land next to Legion Park, over 200 people in the room, and when 1 asked who was in opposition, only three did not stand up. Ask your good friend, Keon Hardemon, he was there. They can build and receive affordable housing credits without any upzoning, waivers, warrants, exceptions or variances, or closing 64th Terrace. Let Miami 21 stand as is without giving any extra benefits. Remember, the Swerdlow project will build 5,000 units of affordable housing on 79th Street. There's no need to upzone here. If anything, this land should be down zoned, not upzoned. It used to have charming one- and two-story houses and apartments. The City should have reflected that when creating Miami 21 by zoning it T4, not T5. For SR.2, the MiMo parking garage, Commissioner Pardo, this is also going to affect District 2. The HEP Board voted unanimously against exceeding 35 feet. There has been no neutral third party analysis of what could be built under 35. But you do have an excellent example right here on Bayshore Drive, a three-story parking garage with mixed use. The City should be setting an example of compliance with the law, not showing how to violate it. If you approve this anyway, please include language prohibiting warrants, waivers, exceptions, variances, or rooftop City of Miami Page 22 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 entertainment. In closing, 1 caution you about opposing the will of the people. The people remember, and the people vote. Please do the right thing and vote down these two items. Chair King: Thank you. Good morning. Charles Trausch: Good morning. My name is Charles Trausch. I live at 38 Northeast 46th Street. And like my neighbors, I'm speaking in favor of PZ.1 and PZ.2 on the Upper Buena Vista project. My wife and I moved into the neighborhood five years ago, believing in its potential. After welcoming our newborn six weeks ago, we support the kind of thoughtful development represented by this project. We're strongly in favor of it, and thank you for your time. Chair King: Thank you. Good morning. Robert Ziehm: Good morning, Mayor and Commissioners. My, name is Robert Ziehm, and I own properties in the neighborhood, one of them just a few blocks north at 5804 Northeast 2nd Avenue. I ask for your support for item PZ.1-14742 and PZ.2- 14743. The Upper Buena Vista rezoning will help our neighborhood grow while keeping its special character. We've already seen great changes. More places for the community to gather, more opportunities fbr small local businesses, and the proposed new homes to be built are designed with a special layout to attract families, a product much needed in today's housing market. I believe adding these new residences will make our neighborhood even better. Thank you for your time and your consideration. Chair King: Thank you. Good morning. William Rios: Good morning. William Rios here for PZ.1 and PZ.2. I'm also in support of the Upper Buena Vista zoning change that's been proposed and approved previously by the Planning and Zoning Board anonymously [sic]. I build in the area, and 1 rent and sell. And very often 1 get my potential clients and renters who go by Upper Buena Vista and always mention about how nice it is, and it's compelled people to move into the neighborhood. And I think it's only a positive impact that they've had. I know there's been some complaints about parking or whatnot. And I think that overall what they've done is excellent. There was nothing in that space. It was an abandoned commercial mechanic area or whatnot which was blight for many years, and what they've done to me is like an oasis. And 1 commend them Jrothe work they've done, and I'm in support of this zoning change for them. Thank you. Chair King: Thank you. Good morning. Daisy Gonzalez Diego: Good morning. My name is Daisy Gonzalez Diego. The next statement I'm going to make is about where I live and not where I go to school. I am a proud Gator. I have to say that or my husband will kill me. I live in Coral Gate and I'm here to speak on -- in support of RE.12. Thank you, Commissioner Reyes, for bringing it forward. For those of you who don't know, Coral Gate has been around - - the Mayor earlier said that the City has been around for 150 years. The Mayor knows the neighborhood very well. This neighborhood has been around half of the time that the City's been here. It's been around for 75 years. Think about that. Coral Gables has nothing on us except higher taxes. It's a beautiful neighborhood. As a matter offact, we -- it's going to be very sad they won't be able to say that we live in the Gables by the Sears, which is usually what I tell people. It's a beautiful, beautiful neighborhood. I will tell you as it stands right now, we have many kids. It used to be an area, obviously, where there were older people, but now a lot of new families are moving in. We've been there 20 years. There's a lot of small children. A gentleman spoke earlier about a baby he's about to have in two weeks. This is a beautiful City of Miami Page 23 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 neighborhood with lots of children. As it stands right now, we have a few speed bumps, but they're not enough to deter the amount of traffic that's there and the people speeding as it stands. Imagine that, multiply that by the number of people who will now be living in this building, will be cutting into our neighborhood and then this other building that's going. We are not blind. We understand that there will be a development going forward. We ask that you please be prudent. We don't need the magnitude of the massive building that they're proposing. Please act accordingly. Please veto Live Local. Please do it for us. Please see that the residents and the children -- we don't want -- we see all the media here today covering this. We don't want media in our neighborhood because a child has been run over or because there is an accident. That is what this will cause if this building goes up. Thank you. Chair King: Thank you. Good morning. Kibwe Williams: Good morning. Good morning, Commissioners and Mayor. My name is Kibwe Williams. I'm a resident of Buena Vista, and I'm speaking about item PZ.1 and PZ.2, the upzone request for Upper Buena Vista development. I would like to start by saying that I'm not against the development that's being proposed, but we are asking for responsible development where it's a partnership between us and them and the community to actually come up with solutions to our concerns and ensure that this is being done in a responsible way. We do not want to see the character and the fabric of our neighborhood totally destroyed. And we just want to make sure that whatever is being proposed, that we address our concerns. So, my ask today is, allow us the chance to finish ironing out the terms of the covenant so that we can get to some agreement and be supportive of what it is they are trying to do. But we're not here to be a hindrance to it, but we want it to be done, you know, responsibly. That's all. Chair King: Thank you. Good morning. Amanda Bonvecchio: Good morning. My name is Amanda Bonvecchio, 7272 Northeast 6th Court. I'm here speaking in favor of item SR.2. I am an architect who has worked in MiMo for nine years now, and I believe it would be a tremendous and much needed public benefit to the community. Voting in favor of this item would help the project just begin to move forward and go through all the processes required for approval. Thank you. Chair King: Thank you. Thank you. Good morning. Ray Raymond: Good morning. 1 don't want to be as quiet as Michael. All right, good. So, my name is Ray Raymond. I'm at 130 North 50th Terrace. I'm speaking on items PZ.1 and PZ.2. Like my neighbor before me, again, 1 come from a history of development, and obviously, in our neighborhood, we do care about new development, and we do want progress in our neighborhoods. But I feel the voice of Coral Gate has been spoken loudly and I think we as constituents feel that pain. So, I do understand their side and I side with them too, but in fair development for, you know, constituents, just for our neighborhoods. Someone said it earlier before, I think it's important to realize that sometimes when your own neighbors are kind of like affected, we actually have to look at ourselves when you guys are in those seats and understand these voices speak loudly. And I side with them, but I also do side with some development, and also just making sure that they do listen to our voices. So, on behalf of my neighborhood association and everybody who spoke before me, including my president, Michael, I just hope that we can reach to a common, you know, voice to save our neighborhood, but also with, you know, responsible development in our neighborhood. That's all. City of Miami Page 24 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Thank you. Good morning. Marco Celone: Good morning. My name is Marco Celone. I'm also a resident of Coral Gate. Also, I want to point out that, you know, building such massive structures and massive buildings in the neighborhood will also impact, you know -- our schools are already saturated, so it will impact the level of education for the kids. So, I'm not sure how the school system could support, you know, like such an increase of residents in the area. Also, I want to point out that, beside the Sears building, there's going to be another building that it's about to get permission to be built. It's still massive. And you know, it looks like that there is no setbacks allowed between our homes and this building. And this can cause like major issues, you know, not only disrupting our quiet, but you know, it could be dangerous to have like, you know, neighbors in such proximity. So, please, when giving -- allowing permit, like allow reasonable setback, even if the current _-oning doesn't allow that, but they need to build, you know, considering the neighbors. And looks like these new builders, they don't have respect for us. They're just going to build and get every single space available for the buildings. So, thank you for your attention. Chair King: Thank you. Good morning. Francisco de Pablo: Good morning. My name is Francisco de Pablo. I reside in 138 Northeast 50th Street, a member of the Upper Buena Vista area. I'm not here to oppose change. I think I've been a part of change in the area from Midtown development. I've been living in my home now for about 12 years, since like 2010, 2011. And yeah, I think we just want our voices to be heard, the covenant to be represented. And I hope that we can come to an agreement. And if we need to defer for today, then that's what needs to happen. That's it. Thank you. Chair King: Thank you. Good morning. Nicole Desiderio: Good morning. Nicole Desiderio, 900 Biscayne Bay. Regarding the Mayor's veto, I trust that you all will uphold that veto on the pension vote. I also want to touch on Discussion Item 1, a discussion regarding District 2, as referenced in the October 15th Commission meeting. I'm not quite sure what that's about, seems very broad, but I do want to say that on that October 15th Commission meeting there was an item passed through by this Commission on first reading, and I think it's shameful that that occurred because that item, according to your own Miami 21, code should have gone to PZAB first for a recommendation before it ever even came to this Commission for a first reading. That code also states that you have to have two readings here at City Commission after that PZAB recommendation. And for those of you who don't know what that item is, the Commissioners passed through an item on first reading stating that they no longer need a warrant to install recreational facilities or community facilities for illuminated signage in your city parks, that is for all of the City of Miami, in any park. Currently, they require a warrant, which means there are checks and balances. They have to apply for the warrant. They have to notice the public. They should be doing public outreach, and you have the right to appeal that warrant if you don't agree with what they're doing in your park. They are trying to remove that right from you by passing this item through, and they passed it through on first reading, and the next reading on that will be November 21st. So, I encourage you all to please come down to the PZAB meeting on October 30th where this item will be heard, and then it will be heard again here on November 21st. So, please stand up for your parks and do not allow anyone, any commissioner, current or future, to take over your parks. Thank you. Chair King: Thank you. Good morning. City of Miami Page 25 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 June Savage: Good morning. My name is June Savage, Oak Avenue. I'm a lifelong resident. 1'd like to speak about Buena Vista. That is an adorable neighborhood. I do a lot of business down there in Belle Meade, and 1 think our Biscayne Corridor needs money, needs stuff back from developers to make more green space and to make it more attractive for retail. As far as putting apartments behind that cute little neighborhood, look at it like Coconut Grove. What have they done to Coconut Grove? Make sure that Buena Vista has the infrastructure, the police, the fire, however many people per policeman, however many people per fireman, because infrastructure is a big problem in the City of Miami. Regarding Coral Gate, my 85- year-old mother walks from Valencia down to the dollar store, and she walks in front of Sears, where I used to go as a child. We understand Sears is very ugly right now, and it's been that way. But we again need infrastructure, police, and fire. We cannot have parking garages without protection, okay? Parking garages normally bring insecure situations. The City of Coral Gables, I'd like their input. I'd like some people from them to come here because it's on the line. Coral Gate is a cute little neighborhood. They need some attention, some trees. It's got an ugly outside. But I do not feel that we need a ginormous structure right there on that corridor. There is - - it's such a busy road, I worry about my mother. We do have a trolley system, but there is no infrastructure in place. So, FDOT needs to work harder to convince us on these projects. Thank you. Chair King: Thank you. Good morning. Jean-Pierre Espiritusanto: Good morning. My name is Jean-Pierre Espiritusanto, and I currently reside in Miami Beach, but I grew up in Upper Buena Vista, and I'm here to talk about PZ.1 and PZ.2. I'm in total support of the project, and I am so grateful for Upper Buena Vista, because in times of need after COVID, they gave me an opportunity, they gave me a job, and that helped me out. And I'm total in support of mom-and-pop businesses and community. And I think that's what Miami is missing lately. So, additionally, I would like to share a few words on behalf of Rabbi Gopin who could not attend today due to Jewish holidays. "Dear Commissioner King, as both of head of Chabad Midtown Miami and a longtime resident of the neighborhood, residing at 251 Northeast 47th Street for over a decade, I am writing to express my strong support for the pending rezoning application. I have witnessed firsthand how thoughtful development can strengthen community bonds and enhance our neighborhood vitality. The purpose rezoning aligns perfectly with" -- I'm sorry, "the proposed rezoning aligns perfectly with our area's natural progression and the growing needs of our devised community. The current zoning restrictions, while appropriate in the past, no longer reflect the dynamic character of evolving needs of our neighborhood. The proposed rezoning represents a well -considered approach to the community development that maintains the essential character of our area while allowing for necessary growth and improvement. The existing program has already demonstrated significant positive impact through enhanced community gathering spaces, improved neighborhood accessibility, strengthened local business opportunities, better integration." Chair King: Thank you. Mr. Espiritusanto: Thank you so much. Chair King: Thank you. Good morning. Terrence Cantarella: Good morning. Terrence Cantarella, Upper Buena Vista resident. I'm here speaking on PZ.1 and PZ2. I just want to reiterate what was said already, that the development as it stands now, we love it, we support it, we frequent it. It's one of the best examples of a commercial development in a residential neighborhood that I've ever seen, the way it transitions so seamlessly. And that's City of Miami Page 26 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 why we support it as is, and that's also why we're concerned about the upzoning. If just a few short years later, after coming into the neighborhood, the developer is now saying give us more. And if you give them more, you already know what's going to happen a few years from now. They're going to come back and say, give us more, or the next developer is going to say that. And they told us that they don 't have plans to sell right now, and you know, I'll take them at their word, but there were a few of the properties that were on the market just a few months ago for sale. But if we ignore that and take them at their word, things happen. People change, they get divorced, they die, they get sick, they get an offer they can't refuse. Who's to say they might not sell in a few years? And we don't know what's going to happen under that -- those circumstances. So, all we're asking for is a deferment so we can discuss the covenant and iron out those details to protect ourselves against that. And last thing, I just do need to point out that a lot of the people who have gotten up to speak in support of this already are not actually Upper Buena Vista residents. They live in Buena Vista West. They live in Miami Beach. They live in Historic Buena Vista, which is a protected neighborhood where no development or upzoning will ever be allowed. On this side, those of us asking for the deferment are actually Upper Buena Vista residents. We live within one or two blocks of it, and we're the ones directly affected. So, thank you very much. Chair King: Thank you. Good morning. Maji Ramos: Good morning. Wait, okay, there we go. My name is Maji Ramos. I reside in Morningside, and I'm a realtor environmentalist. I know how that sounds. I am pro -growth. I do recognize that we need workforce housing. However, fled that it is uncontrolled growth at this point. As many have mentioned, we need infrastructure, and by infrastructure, I mean mass transit coming east -west. I was at a meeting yesterday at the Realtor Association and I actually lost sleep over this. There is over -- there's thousands of units that are currently going to be delivered, luxury condo units that are going to be delivered in the City of Miami in the next couple of years. That does not include workforce housing. They're talking about increasing our building and condos by more than 50 percent and there's no mass transit. So, what, we're going to double and triple the cars, the amount of cars? As you know, I'm an environmentalist. This is very, very anti -environment. If we lose our environment, we lose everything. We lose our entire economy. It collapses. So, it is something -- you know, the environment is part of building, it is part of real estate. We have to consider this. I'm very happy about the tree canopy deference. I do feel that we need to look at that very closely. And I find it a little strange, all of these changes and requests for upzoning, changes in zoning and the tree ordinance, I can't help but think that this has to do with workfbrce housing. I know it's planned. We do need to protect residential neighborhoods, not only the surrounding areas, but 1 don't know if people are aware that single-family homes are also up for rezoning, and they're talking about 30-story buildings in a residential lot. That needs to be addressed. Thank you. Chair King: Thank you. Good morning. Wendy Mendoza: Good morning, Commissioner and everyone else. Hopefully you can hear me. I'm a resident of District 5, and I live at 815 Northeast 70th Street, and I'm a YIMBY (Yes In My Backyard). I want it in my neighborhood. We need additional housing. There's a lot of homeless people out there living in these motels. People, don't kid yourselves. They're there, they're living there being charged 5, $600 a week. How you solve this is by additional housing. It's just supply and demand. A lot of people are like, oh, yes, I want workforce housing, oh, but not in my neighborhood. Sony, I want to keep my single-family home, and I live in a single- family home. I don't think I have any more right than someone else to have a roof over my head. I'm here in support of PZ.11, PZ.12, and SR.2. We're going to get City of Miami Page 27 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 additional parking, which our businesses around there desperately need, and we're going to get additional housing, which we desperately need. And as part of that additional housing, we get like 20 workforce housing. It's not a lot, but it's something and we need it. So, please, please, please, please, please vote. And I've been living there like 20 something years. So, thanks, guys. Bye. Chair King: Thank you. Good morning. Renita Samuels -Dixon: Good morning. Nice seeing you all. My name is Renita Samuels -Dixon. I'm a previous Village Council representative and a community advocate. I stopped coming down here, but I'm glad I did come today. And I'm here in reference to not only the START (Striving to Attain Remarkable Teens) Program -- we really appreciate you giving credence to that organization that was started by teachers. And I hope that you continue that. In terms of deferral of the tree canopy, I am elated that you have taken the time to do that because that shows that you really care about Coconut Grove. So, in terms of Coral Gate, when I first came back to Miami, I went through Coral Gate. It is a beautiful community. And I ask all of you on the dais today to go to each community so that you can see the beauty of neighborhood. When you see beauty of neighborhood, we're talking about living wholesomely in Miami. Because we do want this to be a family -oriented community, but we also want you to have areas where you can go and let your hair down. So, we need a combination of both. In terms of Buena Vista, I agree that we need to defer that project, which goes back to what I'm just saying. Go back to these communities so you can see what family is all about, so that we can have a community, a city that is not sick, because right now that's where we are going. And we have to find a holistic way to live in the City of Miami. Control the amount of growth, and the way that you control the amount of growth is to partner with the University of Miami, FIU (Florida International University), Florida Memorial. These institutions have the capability of providing us, all of us, with the information that we need to make intelligent decisions for our future. Chair King: Thank you. Good morning. Willman Ramos: Good morning. My, name is Wilman Ramos, and I'm here to support of PZ.11, PZ.12, and SR.2. I believe it will provide much needed additional housing. Also, I believe after living in the beautiful area of Bayside neighborhood for more than 20 years, PZ.11, PZ.12 and SR.2 will be a great asset to elevate and improve the area. Thank you in advance for your support, and please approve the change the land use designation. Thank you. Chair King: Thank you. Good morning. Billy Corben: Madam Chair, 1 didn't recognize you without your Gucci hat, presidential Rolex, or gold Tiffany bracelets, Van Cleef and Arpels. You do sandbags on fleek. Can I just say that? Billy Corben here to speak -- support MV.1, the mayor's veto on the so-called Miami Elected Officers Retirement Trust, a fancy name for what was nothing but a robbery. So, let's call it what it really is, a new corruption tax. You raise taxes to give yourselves more money. In what company, on what planet, would you get a ,fully vested pension after less than 10 years in a part- time job? Nobody in the private sector structures plans like that anymore. All major companies stopped to avoid inevitable bankruptcy. So, thank you, Mayor Suarez, for finally using your power, not for your own private profit, but for the benefit of the entire city and its taxpayers. Even a broken clock is right twice a day. None of you ran for office on a platform of giving yourselves pensions. If you had, you wouldn't have been elected. Commissioners Gabela and Pardo, you were just campaigning last year. You were knocking on people's doors, did one voter say to you, you know what we really need? You guys need pensions for yourselves, year one. Nobody said City of Miami Page 28 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 it, of course not, because just because the previous commissioners and mayors stole that money, doesn't mean that you should steal that money. Commissioner Gabela, in the last four months, you were for the pensions, you were against them, you were for them, and now you're against them again. Now, some people may criticize you for what they consider indecisiveness or hypocrisy. I would like to compliment you, sir, because I believe it takes leadership and bravery to listen to people, get more information, and decide you have a dif Brent perspective to move forward with better policy. I salute you for it, and I encourage you to keep it up because you have a decision to make, sir. Are you going to be the public servant that you told us you were going to be when you ran for office, or are you going to continue being the deciding vote to steal money and property for your constituents? Because that's what M&M stands for Miami and Mafia. Thank you. Commissioner Gabela: Can I respond because I don't know if -- you know, I'm kind of thinking should I respond, should I not respond? But you know what, I'm going to respond. Look, here's the deal. Yes, the pension problem is -- I started it out because the other commissioners that they knocked it down in 2009 did not do it to themselves. Those commissioners that said that we were in a financial crisis in 2009, they said that everybody that came after. Okay, I do the same job or better job out there than those commissioners, yet those commissioners didn't do it to themselves. So, it's a double standard. Number two, I can't -- you know, there's a complaint, seven to eight years, you're only seven -- you serve seven to eight years and you're collecting a pension. Well, I can't serve more than that because there's a term limit. So, that's a problem, too. But I understand where you're coming from. I heard the voters speak. And by the way, I will continue to try to be the swing vote because, like I've said in many instances, it's nice to be the swing vote. You know, like I said, I don't have an alliance with anybody here. They've asked me, you've got an alliance with Carollo, you've got an alliance with King, or you've got an alliance with Pardo, you've got an alliance with Reyes. No, no, no alliance. I'm on a case -by -case basis. Let me make that clear. In the future, going into the future, as far as for me, when I have to reverse course, okay, because -- and I understand, it's a complicated issue, it's a complicated issue, and you're right, probably nobody elected me for me to get a pension up here, but I've got a better idea, but nobody will do this. Nobody will go back and take the pensions out of those that are earning those pensions still now because they just don't want to do it. You guys talk, and I always said -- by the way, Billy, I always said, if you want to take it to the voter, that's fine with me. And by the way, and Commissioner Pardo voted against it, but he was going to take it because he saw that -- you know what I mean? So, I'm not the only hypocrite up here. There's a lot of hypocrisy up here, which I'm going to talk about later, but I'll leave it at that. Thank you. Commissioner Pardo: Well, now, unfortunately, I do have to say something. All I'll say, which I said from day one, 1 am not going to deny myself the same opportunity as my colleagues when I worked just as hard. I've always been against the pensions from day one. I said it should go to the voters, and at no point have I been hypocritical or reversed or said anything different. Vice Chair Carollo: Madam Chair -- Mr. Torres: Are we going to have public comment? Vice Chair Carollo: -- you know, if you're letting some of my colleagues answer to little Billy, then I think I deserve a little bit of time. We missed you, little Billy. I guess the paymaster hasn't been good these days. But ain't it great to live in Miami, when we allow someone who doesn't live in our city to come in and address us, and address us on corruption. Only in Miami do we hear from the voice and face of corruption to talk to us about corruption. Pay for play, little Billy. Don't call me vile, City of Miami Page 29 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 he says. I'm glad that he's here just before the election, since he's been so active for different candidates. Little Billy is a closet Republican. He comes from a long, long, long family of proud Republicans. His father, the grandfather, the aunt, the cousin, but he wants you to think that he's a progressive when he's really a closet Democrat [sic]. In fact, he wants to talk about corruption. My God, what more corruption has there been in our state than timeshares? Timeshares, you've all heard about it. How many people got stuck and suckered into timeshares, what some say and call it a pyramid? I don't know if that's the case or not, but that's the family little Billy came from, people that made their money in timeshares. But you don't want to talk about that, obviously. So, little Billy, good seeing you again, you know, pay for play Billy. Thank you, Madam Chair. Chair King: Thank you. Ma'am? Oh, good morning. Kathy Cooper: Good morning, Commissioners, Mayor. Good morning, Commissioners, Mayor, Chairwoman. My name is Kathy Cooper, and I live at 101 Northeast 50th Street. I am discussing the PZ. 1 and PZ.2 project. I am opposed to it. I live right down the street from it and I have for many years. And it's a beautiful neighborhood, which Upper Buena Vista has contributed to it. We're very happy with the current state of the development that is there now. It really fits in with our neighborhood. We are opposed to some of the asks that these developers are asking for, and we were in discussion with the covenant that hasn't happened. And we've been working with Commissioner King and the developers about this covenant. And we would just like the opportunity as residents to be heard and to complete this covenant so that there are some protections for our neighborhood, which is really progressing well. We have a lot of young families that have moved into the neighborhood. And this development, the way it stands now, is beautiful, but what the ask is, is asking for more, a higher development, which is going to impact our neighborhood. And so, we would like the opportunity to discuss conversance, so we're asking that you defer this project until we have completed the covenant and not let it move forward until the residents have had a chance to work with these developers. Thank you. Chair King: Thank you. Good morning. Grant Stern: Good morning, Madam Chair. My name is Grant Stern, 425 Northeast 22nd Street. There's a lot on the agenda, so I'll go a little bit quickly today. I think first of all, PZ.11 and 12, the Commission needs to that any upzoning doesn't impact Legion Park. About six or seven years ago, I actually worked with then Commissioner Suarez to get the City to abandon a plan to sell some of its zoning rights permanently to a developer who would have built a very high, high-rise in the MiMo District, and it would have actually blocked off the sun from the park, and 1 appreciate Mayor Suarez's help on that item many years ago, because it would have been to the detriment of the community. But there's two items on the agenda and what has happened with those items that I also came out to speak about. They were deferred, which is -- I mean, there's PZ.16 and 18, which are two different parts of one item, but then there's also the tree ordinance that also got deferred on first reading. But the PZ (Planning and Zoning) item, which is to remove the warrant process from our parks, passing that on a first reading before it goes to the Planning and Zoning Appeals Board is wrong. And it puts citizens in a very bad place where, you know, the Commission has acted and now the Zoning Board is supposed to take their action afterwards instead of giving their advice to this Commission before the Commission acts. So, it's just fatally flawed, and I think it should be deferred forever until it goes to a first reading at the PZAB. But it's part of a bigger problem that you see with the pensions as well, which is that there's a problem in this City and it is the C word, contempt. It is contempt. I am detecting contempt coming from the dais towards the members of the body public. And I know that it's a difficult job to be a City of Miami Page 30 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 commissioner, but contempt is poisonous in relationships. And the relationship between this body and the people is the most important thing that gives it its legitimacy. And if this body regards the people with contempt, it will be unable to be effective as the people governing the City of Miami. Thank you for your time. Chair King: Thank you. Good morning. May Ostrenko: Good morning, Commissioners. How are you today? My name is May. I had the information that we were going to discuss Watson Island. I just wanted to let you know that I'm against the development as far as private use, building hotels, condominiums, offices, retail space. I think Miami has enough of that. That property is for public use, and some money can be used to make it more public friendly. We don't need any more seawalls. Everything's already been fleshed out, and fish cannot propagate with a seawall. City of Miami River has already been developed with condos, seawalls, and restaurants and retail. Please think about the public. Thank you. Chair King: Thank you. Good morning. Emilio Irias: Good morning, everybody. My name is Emilio Irias. I'm here to ask for you guys to consider the approval for the PZ.1-14742 and PZ.2-14743 at Upper Buena Vista neighborhood. I am sure that the extension will blend into the oasis that we currently have at Upper Buena Vista. I own a coffee shop inside the neighborhood, inside Upper Buena Vista, and I think we're just a great addition to the whole neighborhood. It's an oasis, a unique experience for everybody to come, and I would like for you guys to consider the approval. Thank you so much. Chair King: Thank you. Good morning. Richard Francois: Good morning, Commissioner. Good morning, gentlemen. I'm here for PZ. 1 and PZ.2. Just to let you know, I live in the area. I grew up in the area. I live on a property where Upper Buena Vista at exactly there. And I've been in the area for almost 20 years, and I work in the area as a veteran. When I was around there, it was completely different. Buena Vista brings a great joy into the community (UNINTELLIGIBLE) the times when I was coming up and see what it was like. And security, as far as I know, hiring people that lives in the neighborhood, place is cleaner than it used to be. The area has completely changed from what it used to be. From 10 years from now, where I was there around the area, growing up around the area, and I've been working in the area for 20 years. So, if I said I'm (UNINTELLIGIBLE) I'm a marine, also a veteran in the area, so I know what the area is like. And I think that 1 would appreciate that if you really take a look at the applications that I'm for with PZ. 1 and PZ.2. Thank you, ma'am. Chair King: Thank you. Mr. Hannon: Chair, can I have the speaker's name for the record? Chair King: Sir, sir, may we have your name? Mr. Francois: Richard Francois. Chair King: Thank you. Mr. Francois: Yes, ma'am. Chair King: Good morning. City of Miami Page 31 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Fernand Amandi: Good morning, Fernand Amandi from the South Grove. Oftentimes I have to come, unfortunately, when there is reasons to criticize, but today there is reason to be merriful [sic]. And 1 want to do something that I think is fair under the circumstances, and that's to offer sincere praise to our mayor. Mayor, we haven 't always seen things eye to eye, but you've done the right thing for the city. You put the interest of us, the voters, on the issue of the pension before your own interests, and I think that is commendable, and you are to be absolutely congratulated for that decision. So, thank you very much, Mayor. I also want to thank Commissioners Pardo, Commissioner Reyes for being against the pensions in the first place. And also, to Commissioner Gabela, as you said, there's always time to do the right thing for the community. And you ended up on the right side. This should always have gone to the voters because this is an issue that affects the voters. We have to pay Jroall of this. Commissionwoman [sic] King, to err is human, to forgive divine. And it says -- you actually sit under where it says, In God We Trust." You've been very articulate and sincere about your faith. I share that faith, and I believe in the opportunity of forgiveness. The problem, Chairwoman, is when twice you were given the opportunity, to retract your shameful, disqualifying statements about the voters being miserable and mad, and that's why they shouldn't have an opportunity to vote on this issue that affects us. I'd like to give you the opportunity for forgiveness a third time. But I'm also a baseball fan. Three strikes and you're out if you don't apologize for that disgraceful comment. Last but not least, Commissioner Carollo, what a disgusting attack on a fellow citizen. Before you cast stones on his family's house, know that that gentleman, Billy Corben, is a father, and his daughter at least speaks to him. Thank you. Vice Chair Carollo: Well, I'm glad little Billy came and sat up here so he could film you, so you could have that great statement recorded for your next appearance. Little Billy, how are you? Here, you're such a sweet little man. Here's a doughnut for you that was left here for me so you could be sweeter. Chair King: Good morning. Vice Chair Carollo: And you don 't even have to pay for it. Chair King: Good morning. Bob Powers: Good morning. I would like to request, Madam Chair; a little bit more time because 1 represent about three different items on this, and I'm also elected to this. This is another issue that I -- this is a different issue, but at any rate, on PZ.2, which is the parking garage, I'm the president of the MiMo Biscayne Association, the only commercial association, with the exception of the Grove. We support the item. We want them to be sensible to their height, part of the height, and we also want them to block off the street on 75th Street. If that does get approved, that's one of the things that we would like to put in, stipulate. So, the other item also is PZ.1 and PZ.2. I helped form the whole tree situation on that and got that all -- that situation done about seven years ago. I don't have the time to go into the histrionics of it. We support the project. We think it's sensible to the -- what's presently there. It's not an overreach as far as what the zoning is requiring and all the rest of that. On PZ.12 and 11, the issue there is that what they plan to do under T5-R, they can do. They don't need to ask for an upzoning. The -- and matter of fact, MiMo doesn't even support that, that they're asking for an upzoning. And as you've heard from people from Coral Gate and a whole list of other people, the issue here is Live Local. The minute that you upzone this and you make this move to a larger zoning, then a whole different cast of characters fall into place. And what it is, it's not what can happen now, it's what can happen in the future. So, that's our major issue, and you know that because you've had a lot -- Commissioner King knows that because we've had a number of meetings about that. And I've also asked for the City Manager to City of Miami Page 32 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 have some more what we used to call chardettes [sic] in the Upper East Side and also throughout the city because this doesn't only affect us. This affects every commissioner here. That's why 1 asked for more time because this is a very -- Chair King: Thank you. Mr. Powers: This is a huge item. This is not a little tiny thing that's going to fit everything. It's affecting every neighborhood in the City ofMiami. Chair King: Thank you. Mr. Powers: Thank you. Chair King: Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. And I have so many things in my agenda to mention, but something that I -- it really bothers me is so many people come to this podium to attack the service that you guys do. You might not like it. You might not agree with the decision that you make. But some of those individuals, they actually live in the City of Miami. They actually do something. And I'm going to tell you because I do so many community outreach, and if I'm going to be complaining for every single little problem that I get, I will be here for days and days without end. And that will not fix the problem in the community. We have so many seniors with problems. We have seniors that are losing their houses. We have seniors that they are having issues with code violations in their properties. We have so many other things, cleaning their streets, saving our trees, saving our green spaces, trying to fix Miami 21 because those who worked in Miami 21 did not expect all the changes that we need to get done. And sometimes ignorance is what lost the case. Just to be ignorant of something doesn't mean that you are right. And all this fight that you guys picked with everybody in general doesn't help the City of Miami residents. Being in your YouTube, in your little, whatever it is, channel, or in your news, or just picking a fight doesn't help us. Grow up. Stop thinking that you are in high school and be actually a person who's going to support the society. Anyway, I'm in favor of the saving the trees and fighting for CUs (Certificates of Use). Please, code enforcement, CUs needs the businesses to get more help. Thank you. Chair King: Thank you, thank you. Good morning -- good afternoon. Luis Marin: Good morning, all. I'm Luis Marin. I'm here to support PZ.1 and PZ.2. I'm a small developer in the area, Buena Vista, Little Haiti, Little River. I'm building a lot of actually affordable and workforce housing in the area with the mixed attainable program, which is great, by the way. And I also live in the area. I live in Upper Buena Vista area. I have a lot of friends with kids. I have two small kids. And we really enjoy Upper Buena Vista. We think it's a great oasis, and it's a point of connection for the whole neighborhood. We all agree, at least all my friends and neighbors agree that this is a great project. We are glad that this is going to expand at some point. I don't really understand why some neighbors are against this, but they have their reasons. I don't understand either why they're trying to delay this. Because the same way we were excited when we saw new retails, new shops, new restaurants in Upper Buena Vista, we think it's going to be great for the area to have more options, especially for kids, for adults, to get together, to create a bigger and healthier and happier community there. So, that's all I have to say. Hopefully, this will move forward. Thanks. Chair King: Thank you. Is there anyone else that would like to speak on any item before us? I understood there were some folks outside. There wasn't enough space City ofMiami Page 33 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 for them to come in. Can anybody check? No one? Okay. So, seeing no one else, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - First Budget Hearing - Sep 7, 2024 10:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: At this time, we will resume the City, of Miami Commission meeting for October 24th, 2024. Give me one second, I was in the middle of -- okay, here we go. Gentlemen, may I have a motion to approve meeting minutes for our first budget hearing, September 7th, 2024, our City Commission meeting for September 12th, 2024, and September 26th, 2024, and the second budget hearing of September 26th, 2024? Commissioner Reyes: Move it. Chair King: I have a motion. Commissioner Gabela: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. AM.2 City Commission - City Commission Meeting - Sep 12, 2024 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. City of Miami Page 34 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 AM.3 City Commission - City Commission Meeting - Sep 26, 2024 9:00 AM AM.4 MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item AM.3, please see Item AM.1. City Commission - Second Budget Hearing - Sep 26, 2024 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item AM.4, please see Item AM.1. MV - MAYORAL VETO(ES) 1 ORDINANCE 16177 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY and Mayor 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. RESULT: NO ACTION TAKEN ON THE VETOED ITEM Note for the Record: For additional minutes referencing Item MV.1, please see "Public Comments for All Item(s). " Vice Chair Carollo: Madam Chair, it is now noon. We have traditionally, breaked [sic] for lunch at noon. 1 have some things that 1 have to attend to. Can we keep our tradition since we don't have any CRAs (Community, Redevelopment Agencies) to deal with today? Chair King: We actually do have a CRA meeting today. Vice Chair Carollo: Who? What CRA? Chair King: The Southeast Overtown/Park West CRA. I see several people here in the audience. City of Miami Page 35 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Vice Chair Carollo: Alright, can we just do that and then come back? Chair King: If that is the will of the Commission, I can do that. The Mayor is asking if we can take up his veto first. Mayor Suarez: It's the first substantive item on the agenda. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Mayor Suarez: By rule. Commissioner Reyes: I was going to suggest that -- let's take the veto and then Overtown Park West development project -- Vice Chair Carollo: And then we break. Commissioner Reyes: -- and then we break. Chair King: Okay. Commissioner Reyes: I also have to go a place and be there at 1. Chair King: Okay. I believe our city clerk has a statement to make. Todd B. Hannon (City Clerk): Thank you, Chair. Mayor Suarez has vetoed Ordinance 14321 that was passed at the December 15, 2024 Special City Commission meeting. Ordinance 14321 is an ordinance of the Miami City Commission amending Chapter 40, Article 4, Division 4 of the Code of the City of Miami, Florida, as amended, titled, Personnel, Pension, and Retirement Plan, City ofMiami Elected Officers Retirement Trust, or particularly by amending Section 40- 296 titled, Applicable Benefits, containing a severability clause providing for an immediate effective date. Thankyou, Chair. Chair King: Thank you. Mr. Mayor? Mayor Suarez: Thank you, Madam Chair. I vetoed Ordinance Number 14321, File Number 16177, for the reasons mentioned therein. Very succinctly, I would just say that I've opposed public pensions throughout my career. Throughout the veto period, the city attorney advised me that 1 had the ability to sign the ordinance and take the pension, which would have created a vested right for me. It's very possible that 1 may have been the only person who would have substantially benefited from this ordinance. Well, you had already said you weren't going to take it. When I did the calculations, it would have started at 60. I would have lived to 92, and I expect to live beyond 92, that's exactly twice the amount of years that I've served as mayor or commissioner, 32 years, 16 times 2. So, I would've been paid almost the entirety of my salary for twice the amount of years that I've served. The expected benefit with a 3 percent increase on an annual basis would have been over $6.3 million. And I never ran with an expectation of getting a pension, nor did I desire to have one. And I just want to thank my wife and God for the opportunity to prove conclusively to the residents of the city of Miami that my commitment to being a public official is to serve them and not myself Thankyou. Chair King: Thank you. And at this time, we will close the city of -- do I have to take a vote or something? City ofMiami Page 36 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Mr. Hannon: So, essentially, there are a couple of scenarios. Chair King: Okay. Mr. Hannon: One, the Commission does not have to take any action. If the Commission does not take any action, then the veto is deemed sustained. This -- another scenario involves a motion being made to override the veto, and it passes, and another scenario, a motion is made to override the veto, and the motion fails. So, the Commission does not have to take any action. And if it does not, then the veto is deemed sustained. Commissioner Reyes: Madam Chair? I -- Madam Chair? Chair King: Vice Chair just spoke up first. Commissioner Reyes: Oh, good. Vice Chair Carollo: I'd like to make a motion that we request from the local tabloid, Miami Herald, that I think they found another rare species in today's stories, that they include in double big letters in their next editorial the Mayor's veto. Mayor Suarez: Thank you. Chair King: Commissioner Reyes. Vice Chair Carollo: Because they've written so glorious of him in the past. Mayor Suarez: Thank you. Commissioner Reyes: Madam Chair, the only thing that I want to say is that I want to commend the Mayor's decision. As he stated, the only three persons that were vested that could receive immediately that benefit was him, Mr. Carollo, and I And as you guys know, I voted against it, and I commend and I applaud your fortitude. Thank you, sir. Thank you. Mayor Suarez: Thank you. And I would just say I spoke to Commissioner Carollo about it, and he also said that he was perfectly fine with me taking this action, even though it would not, of course, inure to his benefit. So, I appreciate that as well. Chair King: Commissioner Gabela? Commissioner Gabela: Yeah, I'd just like to say, 1, too, spoke to you, and I notified you that my position had changed. And I thank you for what you did with the veto, because I think it was the right thing to do. I still stand by my principle that what is being done today, that some commissioners are being paid while other public officials are not, is not correct. It should be either all or none. Okay, that's what I contend. Sometimes here we get off subject, you know, and we're worried, you know, I would have had to have served two terms, I would have gotten $4,400 a month. I would have had to live that long, and probably I would have had to, when I started the pension, I would have probably had to live three to four years to equal the lump sum that we exit with here. You know, some blew this out of proportion, it's a hard subject, again, to -- you know, to say. I heard what the voters say and at the end of the day, I consider the voter my boss, and many times, you know, when I have to retract, when I have to reverse, I'll put it in reverse, and I'll retract and I'll do the right thing. Not always are we going to see eye to eye. But I learned one thing here that's very interesting. I learned that if you -- you know, I've been bashed by a City of Miami Page 37 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 certain radio program all the time, whether it's the pension, whether it's the Freedom Park. I've been called that I don't care for my, area, that I do. I have done so many things in my area up to now. You know, I've got a weed eater team that nobody has done this before that's out cleaning. I've got four trucks cleaning and doing things. My, wife, you know, cooperates with me. We're out there all the time. And I'm not -- listen, I'm not complaining. Okay, but all they -- this radio station, you know, they know the negativity. And what you've got to do is you've got to hire a media communications that has links with that radio station, okay, and then that radio station, you know, will carry what you want them to carry as a commissioner. And I'm talking to you -- about you, Mr. Reyes, you have -- with all due respect, you have a radio communication that has a lady that has ties with Roberto Tejera, and others -- and if you'll allow me to finish, absolutely, I'm going to allow you to finish. And so, when you go, they never ask you the hard questions. When I go, they throw hard balls at me. Like -- like for example, when I went last time, they wanted to know why it was my -- you know, like it was my responsibility, what you had said, Chairwoman, which it is now, we are all slaves of our words. We are all accountable for our words. But this gentleman here and the other gentleman, they never questioned anything either, but yet I'm the guy that's asked all these questions. Then the Freedom Park -- the Freedom Park business, that I am with the commissioner of that area, that I did not take a vote during that time because, you know, I wasn't here. I got here 10 months ago. You know, some are pretending that they haven't been here for seven or eight years. Now, he can say that he hasn't been here for seven or eight years. I can say it too. But down there, you all have been here for 7 to 10 years. And here's what I wanted to bring light. Nobody talks about -- we're talking about the pension and the voter doesn't want it and I respect it and that's why I did what I did. But I want to say something. Does anybody else look at all the other monies that are being spent here? Like for example, the lawsuit that's going to come now with Acevedo? And Mr. Reyes, you're part of that lawsuit. You're a defendant. We're going to have to spend now a million or $2 million in defending you, but everybody only talks about Carollo on that radio station. They never speak about you when the Acevedo question comes. That's money, that we could have saved. Now as for me, the only lawsuit that the City paid for me, for me, this one here, is a lawsuit that they were trying to take me out of office after they did cheating with nay house, okay? After they did cheating with my house, Wysong, I think, defended me on one lawsuit, I think it's -- how much was that lawsuit, Wysong? Can you elaborate on that lawsuit? How much did I cost the taxpayer? I want to know. George Wysong (City, Attorney): I'll have to get you the number, 1 don't have the number. Commissioner Gabela: But it's not in the millions, right? It's not even in the hundred thousands. Is it in the hundred thousands? It's probably in the thousands, right? Mr. Wysong: It's probably in the thousands, yes. Commissioner Gabela: Well, that's my point. Ladies and gentlemen, it's not only the pension. There's also other government misspending here that nobody wants to talk about. And some people want to pretend, okay? I came in 10 months ago. All of a sudden in that radio station, I got to answer to all the problems that has happened in this body, you know, for a long time. I wasn't here seven or eight years ago, okay? I got here December the 2nd. I want to make that clear, and so did this gentleman, in his defense, okay? But nobody talks about that. Nobody talks about the Acevedo. And when they do talk about it, they talk about Carollo, but they never mention anybody else. Let me tell you, Carollo couldn't have voted for that alone. He needed two other people to fire Acevedo and other things that happened in the past. That's what I wanted to say. Thank you very much. City of Miami Page 38 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Commissioner Reyes? Commissioner Reyes: Yes, let me -- let me state, clearly state that 1 have never seen, I never heard such an, I mean, an incongruent, asinine statement that I heard today. We have problems you are trying to mix, it's ridiculous, apples and oranges, and let me -- (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: No, no, hold on a second. Hold on a second. Commissioner Gabela: You want, I'll show your pictures. You guys are all besties. Your radio station. Commissioner Reyes: No, no, no. Wait, hold on a second. Commissioner Gabela: Besties. Chair King: Don't interrupt him. Commissioner Reyes: I am not going -- I am not going to go to your level. What I'm going to say is don't take that victim -- that victim attitude that everybody is against it. Commissioner Gabela: No victim, no victim. Commissioner Reyes: I -- when I go to a radio station, I go prepared. I have the answers. I have my word. I never change my word. And besides that, I don't know what the hell is happening with you that every time you go, whatever it is -- Commissioner Gabela: They're your friends. Commissioner Reyes: -- and you mention my, name. Commissioner Gabela: They're your friends, so they don't ask you the hard questions. They're your friends. Chair King: Commissioner, Commissioner, let him speak. Commissioner Gabela: So, they don't ask you the hard questions. Chair King: Let him speak. Commissioner Reyes: When they answer -- they ask the hard questions, I have the hard answer. And that's what it is. And the people that work for me, they work for me. And the previous -- you have people, maybe you have people that have previous connections with somebody else. Previous connections, I don't care. It is how professional and how -- I mean, how they present themselves and how hard they work for the benefit of the people. You see, stop being the victim, acting like a victim Commissioner Gabela: No, sir, I'm not the victim. I'm just stating a fact. Commissioner Reyes: -- because everybody here tries to help you. Commissioner Gabela: I'm stating a fact. You're going to cost the city of Miami 2 or $3 million, and nobody talks about that, and you can't say that you weren't here -- City of Miami Page 39 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Commissioner Reyes: Listen. Chair King: Okay, okay, okay, okay. Commissioner Gabela: -- because you were here for that vote. Commissioner Reyes: You talk -- you talk about being a victim -- Chair King: Okay. Commissioner Reyes: Hold on a second. Chair King: Okay. Okay. Commissioner Reyes: I want to -- Chair King: Okay. Okay. Commissioner Reyes: I'm just going to -- one second. Commissioner Gabela: It's simple. That's the fact. Chair King: If we can just not talk over each other Commissioner Reyes: I'm not going to argue with you anymore. Chair King: If we can just not talk over each other. Each o f you can speak. Mayor Suarez: Madam Chair. Chair King: I'm not trying to stop you -- Commissioner Reyes: Madam Chair. Chair King: --from speaking. Commissioner Reyes: Madam Chair, this is --1 sincerely apologize to the -- to all the residents of the city of Miami. This is uncalled for, this is unneeded, this is unprofessional, and this is ridiculous, you see? Commissioner Gabela: 1 have the photos, Madam Chair -- Commissioner Reyes: Trying to compare one thing to the other. Thank you. Commissioner Gabela: -- I have the photos to prove that there is a link here between that radio station and somebody that this gentleman is hiring -- Chair King: There -- Commissioner Gabela: -- and if you want, I can show you the photos. And when I go on that radio program, I've been asked all different, ridiculous questions about the Freedom Park. Chair King: There -- City of Miami Page 40 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Commissioner Gabela: One time they said that the traffic study had never been submitted to the city of Miami. Chair King: Okay. Commissioner Gabela: That's -- and I had to go over there, and they made me look - - to look like -- that I'm the commissioner that doesn't care. No, the problem was that there was -- the traffic study was submitted to the city of Miami and to the county, and I had -- had correct it. And this is the kind of stuff that goes with some -- but I'm learning, I'm learning as Igo along. I'm going to get myself -- 1've got to get myself -- Chair King: Commissioner. Commissioner Gabela: -- a media coordinator on some radio station -- Chair King: Commissioner Gabela. Commissioner Gabela: -- so then I could do the same thing. I'm done. Chair King: Commissioner Gabela. Commissioner Gabela: Thank you. Chair King: Commissioners, we have an item before us, the Mayor's veto. What is the will of the body? Are we going to take no action? Commissioner Reyes: No action. Commissioner Gabela: No action. Vice Chair Carollo: Madam? Chair King: Seeing -- seeing -- Vice Chair Carollo: I'm chopped liver now? Chair King: No. I -- I try to stop us from -- Vice Chair Carollo: No. No, no -- Chair King: -- delving into this whatever happens on Spanish radio. We have an item before us, and I'd like to at least close that item out. Vice Chair Carollo: No, I think that item is closed. I just wanted to say that out of everything that I've heard so far in today's meeting, there's only one surprise that I had, and I wish Mr. Amandi would have stayed just a little longer so I could've gotten the second part to that. Little Billy. He said you have a daughter, but he didn't say who the father was. My God. Little Billy. Chair King: At this time -- Vice Chair Carollo: So that's why you have that -- Unidentified Speaker: Oh, come on. This is ridiculous. City of Miami Page 41 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Vice Chair Carollo: -- after granddaddy got mad at you and you couldn't live in the apartment -- Commissioner Pardo: This is like -- Madam? Chair King: At this time -- Commissioner Pardo: We need to move on. Chair King: At -- at this time -- Vice Chair Carollo: Yeah. Commissioner Pardo: This is ridiculous. Commissioner Gabela: Let's move on. Vice Chair Carollo: Ridiculous? That's the guy that protects you all the time. Chair King: I have -- the city clerk needs to make a statement. Commissioner Pardo: So rude. Mr. Hannon: Thank you, Chair. For the record, no action is being taken on the veto, and therefore, Mayor Suarez's veto is sustained. Mayor Suarez: Thank you, Madam Chair. Chair King: Thank you. And at this time, the City of Miami Commission meeting for October 24th, 2024, is now in recess. We will take up the Southeast Overtown/Park West CRA meeting when we return because -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Yeah, go ahead. Billy, here. Mr. Hannon: Chair; what --? Chair King: At 2:30. Mr. Hannon: So, the -- Chair King: 2:30. The City of Miami Commission meeting will resume at 2:30. END OF MAYORAL VETO(ES) City of Miami Page 42 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 16620 A PERSONAL APPEARANCE FOR A CHECK PRESENTATION BY CONGRESSWOMAN MARIA ELVIRA SALAZAR FOR FLAGLER AFFORDABLE HOUSING PROJECT. RESULT: PRESENTED Mayor Suarez: We have Congresswoman Maria Elvira Salazar, who's here with us, who wants to present us a check. We're always willing to take money -- or speak from the podium, whatever you want to do, Maria Elvira, Congresswoman. It is a check, you see. I thought it was a check. I think there's a check. Maybe not. Okay, I - - okay, we like the checks. Maria Elvira Salazar: Always great, always great to be here with you. How are you? Good to see you. Thanks, hi. Good to see you all. Wonderful, wonderful. It's great to be -- it's great to be home. You see, it's very rewarding. Mr. Mayor and the Commissioners, how are you? Good to see you all, the elected officials and everyone that works in the City. It's always very gratifying. How are you? Good to see you again. Usually, I see them in Washington, in my office, in a more normal or a more formal setting. But it's always very gratifying to be back home and to see what democracy looks like at the local level and be able to be sharing with the local officials what we're doing in Washington. Today 1 just want to present -- I brought $3, 500, 000 for the seniors. Applause. Ms. Salazar: Specifically -- and I'm going to -- I'm quoting the name, the Flagler Affordable Senior Housing Project. What this is going to do is going to give safe, beautiful, reasonable priced place to live for many of our seniors and they tell me that even we have a fitness center. That is the way we treat those who paid and who gave us years of their labor and contributed to the social security system and that is why we're bringing this back. One of the main issues -- yes, I mean, it's my job. It's my job to do this. Applause. Ms. Salazar: And we understand that one of the main problems that we have in South Florida is affordable housing, senior living, and transportation. And we are very aware, at least I'm very aware of District Number 27, the City of Miami where we're at, one of the favorite cities, not the only one, within District Number 27, is someone that it's a very important and dear city to me. 1 live in the city of Miami and my job as your congresswoman is to ensure that we can bring all the funds that are available through the earmarking process to our part of the country. So, I'm proud, Mr. Mayor, and the Commissioners and thank you both. And this is the -- this is -- I think this affects you or benefits you greatly, Manolo, and just count on me. We are here, I'm saying to all the -- the Mayor and the Commissioners, any other projects that you think that I can earmark, that I should know, that we should tap into, please present the proper documentation, take it to Washington. You know that my office, my doors are always open for all of you, and we will try to bring as much funds as possible to our area. That's the beauty of federalism. That's the beauty of the City of Miami Page 43 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 American system. So, I'm proud to he here, and thank you very much in this wonderful morning to be able to be with all of you. My best. Applause. Commissioner Reyes: Let's take a picture. But before we take a picture, I want everybody to know how Maria Elvira works. We have this project, which is that building that you can see, that rendering, which is a building jbr seniors, low-income seniors, and a beautiful place, which is on 52nd Place and Flagler Street, and we presented to her. I went to Washington, I met with her, 1 presented the project, and 1 said -- she said, well, how much you need? I said, we are about $3 million short. And she said, okay. And she came up with 3.5. Thank you, Maria Elvira. Ms. Salazar: Of course. Commissioner Reyes: This is really, really a public servant working for her community. God bless her, and let's support her all the time. Ms. Salazar.• Thank you, (INAUDIBLE). Applause. END OF PERSONAL APPEARANCE City of Miami Page 44 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 CA.1 16674 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, APPROVING THE CITY OF MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE SOUTH FLORIDA FINANCIAL CRIMES STRIKE FORCE, CONSISTING OF THE STATE ATTORNEY'S OFFICE FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY AND OTHER PARTICIPATING LAW ENFORCEMENT AGENCIES TO COMBAT ILLEGAL MONEY LAUNDERING, DRUG TRAFFICKING, AND RELATED CRIMINAL VIOLATIONS AND TO DISRUPT ORGANIZATIONS ENGAGING IN SUCH ACTIVITY THROUGH COORDINATED AND LONG-TERM INVESTIGATIVE, FORFEITURE, AND PROSECUTION EFFORTS PURSUANT TO THE AUTHORITY UNDER PART 1, CHAPTER 23, OF THE FLORIDA STATUTES, TITLED "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-24-0416 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 16633 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FOUR (4) 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 DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-24-0417 This matter was ADOPTED on the Consent Agenda. City of Miami Page 45 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 CA.3 RESOLUTION 16746 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK AND UTILITIES EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM 25RM INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PROVIDING PUBLIC PEDESTRIAN AND UTILITY COMPANIES ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA. ENACTMENT NUMBER: R-24-0418 This matter was ADOPTED on the Consent Agenda. Note for the Record: For additional minutes referencing Item CA.3, please see "Public Comments for AllItem(s)." CA.4 RESOLUTION 16744 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN ACCESS EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM CG MIAMI RIVER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE INGRESS AND EGRESS OF PEDESTRIANS AND VEHICLES OVER AND UPON THE PROPERTY LOCATED AT 275 SOUTHWEST 6 STREET, MIAMI, FLORIDA 33130. ENACTMENT NUMBER: R-24-0419 This matter was ADOPTED on the Consent Agenda. CA.5 RESOLUTION 16766 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH FLORIDA POWER & LIGHT COMPANY ("FPL") A FLORIDA PROFIT CORPORATION, TO INSTALL ELECTRIC VEHICLE CHARGERS AND RELATED EQUIPMENT ON CITY PROPERTY AS PART OF THE FPL EVOLUTION PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS, AMENDMENTS, RENEWALS, EASEMENTS IN FAVOR OF FPL, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0420 This matter was ADOPTED on the Consent Agenda. Note for the Record: For additional minutes referencing Item CA.5, please see "Public Comments for All Item(s). " City of Miami Page 46 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 CA.6 RESOLUTION 16783 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, FLORIDA ("MPA"), FOR A TERM OF THREE (3) YEARS FROM THE EFFECTIVE DATE OF THE LICENSE FOR USE OF MPA LOT 17, LOCATED UNDERNEATH INTERSTATE 95, FOR THE PURPOSE OF VEHICULAR ACCESS OF CITY STAFF INTO THE ADJACENT CITY -OWNED PROPERTY, KNOWN AS THE MIAMI RIVER CENTER PARKING GARAGE ("MRC GARAGE"). FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID LICENSE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE LICENSE, AND COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY. ENACTMENT NUMBER: R-24-0421 This matter was ADOPTED on the Consent Agenda. CA.7 RESOLUTION 16782 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RAFAEL GARCIA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $499,900.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, IN ADDITION, THE TOTAL SUM OF $100.00 FOR A SEPARATE GENERAL RELEASE, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $499,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-24-0422 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 47 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: For the consent agenda items, are there any items that you would like to pull for discussion. Commissioner Reyes? Commissioner Gabela? Commissioner Gabela: No, I'm good. Chair King: Okay then. May I have a motion to approve CA.1, 2, 3, 4, 5, 6 and 7? Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Pardo: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 48 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 16730 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES SUBJECT TO NECESSARY UPDATES FOR LEGAL AND FINANCIAL COMPLIANCE REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH AUTOMATIC REVERTER PROVISIONS, THE CITY -OWNED PROPERTY LOCATED AT 185 NORTHEAST 82ND STREET, MIAMI, FLORIDA, IDENTIFIED AS FOLIO NUMBER 01-3112-008- 0430 ("PROPERTY"), TO THE CENTER FOR HAITIAN STUDIES, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION ("CHS"), FOR PROVIDING CHARITABLE HEALTHCARE AND HUMAN SERVICES TO UNINSURED AND TO BENEFIT PERSONS AND FAMILIES WITH LOW AND MODERATE INCOME; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE AFOREMENTIONED TRANSACTION SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE SUCH TRANSACTIONS. ENACTMENT NUMBER: R-24-0423 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: Our PH (Public Hearing) items. I want to make sure that PH.1 I'm shown as the sponsor, Todd? Todd B. Hannon (City Clerk): Yes, that was stated. We'll show you as the sponsor for PH.1. That was for RE.5 and RE.12 from this morning. For PH.1, we'll show you as the sponsor. Chair King: Okay. Gentlemen, from the PH items, are there any items that you want to pull for discussion? Commissioner Pardo: No. Chair King: It's only two. No? City of Miami Page 49 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Commissioner Gabela: No, no, 1 'in good. Chair King: Okay. May I have a motion for PH.1 and PH.2? Commissioner Pardo: So moved. Commissioner Gabela: Motion. Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. I'd like to say congratulations to the Center for Haitian Studies. Commissioner Pardo: Yes. Commissioner Reyes: Yes. Chair King: Thank you. Our former commissioner, Commissioner Monestime, please, please. Jean Monestime: Thank you for the privilege, Madam Chair. Good afternoon, Commissioners, Mr. Manager, and City Attorney and Clerk. Thank you for this opportunity. Dr. Pierre had to leave because of another meeting, and Mr. Klein and I, we volunteer at the clinic, and we thank you for approving this item on behalf of the center. And they'll be continuing to provide services to our community in Little River and Little Haiti, as you know. Thank you so much. Chair King: Thank you. It is an honor for me to sponsor this item. The center resides in District 5. They do fantastic work. They provide health care services free to the community of our uninsured community. They've had an annual health fair for the past 33 years, and this year they surpassed the number of residents and children, families, that they provide services for. I was so impressed with what was going on there and ran into a friend of mine that I haven't seen in years. It was a wonderful, wonderful occasion, and I can't wait to continue to do good work with you. So, thank you. And thank you to my colleagues Jroseeing that this was a worthy, worthy initiative. Mr. Monestime: Thank you. Chair King: Thank you. Thank you for coming. City of Miami Page 50 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PH.2 RESOLUTION 16638 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT ALLOCATION FROM THE UNITED STATES CONGRESS AND ADMINISTERED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING ("EDI-CPF") FOR THE 2024 FISCAL YEAR ("FY 2024 ACT"), IN THE AMOUNT OF THREE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00), TO FUND THE FLAGLER AFFORDABLE SENIOR HOUSING PROJECT ("PROJECT"), MANAGED BY THE CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-24-0424 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. END OF PUBLIC HEARINGS City of Miami Page 51 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16563 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 2749 SOUTHWEST 5 STREET, MIAMI, FLORIDA, CASE NUMBER CE2016010484, 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-24-0425 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: We are on to our resolution items. We have one, two, three -- three mitigation items. So, let's start with our mitigation, RE.1. Robert Santos-Alborna: Good afternoon, Madam Chairwoman, Commissioners, Robert Santos-Alborna, Code Compliance Director. RE.1 is a mitigation of a property located at 2749 Southwest 5th Street. Respondent is Mancini Holdings 12 LLC (Limited Liability Company). The case in question is CE 2016-010484. Notice of violation was issued on June 7, 2016 for construction work without permits, operating without a certificate of use, operating without a business tax receipt, operating without a solid waste hauler, and failure to have a designated handicap parking space. The case was adjudicated on July 18th, 2017. It complied on October 31 st, 2019, running for 876 days and accruing a total of $219, 000. The respondent is offering 8 percent, which is $17,500. I'm going to put in the record, before I yield to Legal Division Chief Dooley, that there were plenty of exchanges and emails. The respondent thought this case was to be mitigated. They didn't apply, they didn't put the address on the process. There was two separate contiguous addresses, but this case was never included. So, it kind of fell through and they have to go through this process. I want to put that on the record. Rachel Dooley (Assistant City Attorney, Supervisor): Good afternoon, Rachel Dooley, on behalf of the Office of the City Attorney, just before counsel speaks, just to clarify, the property did have two other violations. They cleared all of these up before the pandemic. During the pandemic, we were emailing back and forth using CityView, figuring out what the violations were. And I know there's been an email from me that says, "Okay, this is it." Well, guess what happened? It wasn't it. There was something else. So, this would have been taken care of over four years ago. But some -- suffice it to say, sometimes in the CityView system things don't line up the way they're supposed to and I missed it, but it is what it is, but they are making that offer. I just wanted to let you know that this owner had come forth a while ago and I City of Miami Page 52 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 was very surprised and started researching my own mails because 1 had remembered it. Marria Larrabure: Thank you. Chair King: Good afternoon. Ms. Larrabure: Good afternoon. Maria Larrabure on behalf of the respondent. It's exactly what happened. There were two buildings that are adjacent to each other. Each of them had two violations. There were communications back and forth. Based on the subject line, we thought that -- our client thought that they had been corrected in full, and then three years later, we found out that there weren't. They've diligently been working to correct them. They did settle the first two violations for about $10,000 back then. We're offering $17,500. The only thing we would ask is if there could be a payment plan, 24 months, but that's the offer due to the circumstances of the case. Chair King: Commissioner Gabela, I believe this is in your district. Commissioner Gabela: No, I think it's either in Carollo or Reyes. Ms. Dooley: It's 4. Mr. Santos-Alborna: It's Commissioner Reyes' district. Chair King: It says District 1. I'm sorry, I'm looking at the wrong -- Commissioner Reyes: This is mine? Mr. Santos-Alborna: Yes, sir, it is. Chair King: I'm looking at the wrong -- Commissioner Reyes: Oh, I'm sorry -- Mr. Santos-Alborna: Yes. Chair King: It's District 4. Commissioner Reyes: -- you know, I'm still a little -- a little confused about the -- the different changes that have been done. Okay, what's the percentage that you are offering? Ms. Larrabure: I believe it's -- Mr. Santos-Alborna: 8 -- 8 percent, sir. Commissioner Reyes: 8 percent, and this is -- for how long this has been -- Mr. Santos-Alborna: I'm sorry? Commissioner Reyes: For how long has it been this -- this violation going on? Ms. Dooley: This violation complied back in 2019. The property owners came to us in 2020, or 2021, in the pandemic, when we were still doing online settlements, trying to get cases moving. We missed this -- we missed this violation at the time we City of Miami Page 53 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 took care of the other two. So, it's been complied for over -- well, almost five years. Almost five years. Commissioner Reyes: That have been complied? Mr. Santos-Alborna: Yes, sir. Ms. Dooley: Yeah, they've been complied for almost five years. Commissioner Reyes: Okay. Fine, fine. Ms. Dooley: They complied within about a year and a half or so. So, they're offering the $17, 500. Commissioner Reyes: Okay. I move it. Chair King: Second. All in favor? Commissioner Gabela: Aye. Ms. Larrabure: And 24 months? Chair King: For the 24 months, yes. Ms. Larrabure: Okay. Commissioner Reyes: Okay. Chair King: As amended. Ms. Dooley: We don't -- we don't have -- just so you know, we don't have payment plans. Commissioner Reyes: No. Ms. Dooley: But we can put in the order that they will have 24 months to pay it. You know, that can run with interest unless you want to say otherwise. It's up to you. Commissioner Reyes: That's fine. Fine with me. Unidentified Speaker: No. Commissioner Reyes: As long as they pay. Ms. Dooley: As long as they pay that full amount. Commissioner Reyes: That's right. Ms. Dooley: Okay, I'll amend accordingly. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously as amended. Thank you. Ms. Larrabure: Thank you. City of Miami Page 54 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.2 RESOLUTION 16709 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 3301 NORTHEAST 1 AVENUE, UNIT 108, MIAMI, FLORIDA, CASE NUMBER CE2021020046, 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: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.2 was continued to the November 21, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item RE.2, please see "Order of the Day." RE.3 RESOLUTION 16708 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 740 NORTHEAST 86 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2020007576, CE2018020929 AND CE2015021548, 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: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.3 was deferred to the December 12, 2024, City Commission Meeting. Chair King: RE.2 has been deferred. City of Miami Page 55 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Robert Santos-Alborna (Code Compliance, Director): Deferred. Chair King: RE.3. Mr. Santos-Alborna: RE.3 is a mitigation of a property located at 740 Northeast 86th Street. Respondent is Claude Vallette. There are three separate cases within this property. The first, NOV (Notice of Violation) CE 2020-07576, was issued for failure to maintain exterior, vacant and blighted property, outside storage, construction work without permits, and failure to register a vacant structure. NOV issued on April 14, 2020, adjudicated on September 8, 2021. This violation ran for 981 days, accruing a total of $490,500. Case 2 ran separately, CE 2018-020929, for failure to register a vacant structure, NOV issued on October 11 th, 2018, adjudicated on September 9th, 2019. That violation ran for 1,694 days, accruing, and I have here, $423,500. A third violation separately for graffiti, and I'm not going to go into the details because we do have legislation that graffiti alone should not be adjudicated, but that accrued a total of $248,750. If we add all the three violations, they accrued a total of $914,000. If we remove the one with the graffiti, the amount -- bear with me a second. I have it here. It's 490 -- it's $914,000. Of importance -- Chair King: I thought you said all three are nine hundred -- Mr. Santos-Alborna: All three are $1,162,750. Apologies. Idid -- Chair King: Okay. 1 million -- Mr. Santos-Alborna: $1,162,750. That's for all three. Chair King: Okay. Mr. Santos-Alborna: If I hack out the graffiti adjudication, the total amount for the first two cases is $914,000. I understand that counsel for respondent is going to talk about the fact that it went to Unsafe Structures, and they thought that once it went there, it was the responsibility of the City to demolish. I'm going to yield to legal, but I am going to tell you no such thing exists. The collective offer from the respondent is $27,270, which is 3 percent of the accrued amount of the first two. I also need to put into the record the fact that this property is not homesteaded, it had 31 cases in the period since 2005, 25 of which were code cases. This was a blight to the area and significantly and adversely impacted the neighborhood. Chair King: Attorney Dooley? Rachel Dooley (Assistant City Attorney, Supervisor): That's fine. 1 would yield to counsel and then -- Chair King: Oh, I don't -- director said that you said something about we would get clarification from Attorney Dooley about the demo or something. Mr. Santos-Alborna: (INAUDIBLE) Unsafe Structures that they said -- Ms. Dooley: Oh, no, the City -- the City demolished the structure. I don't know. We'll wait -- I'll let counsel go. (UNINTELLIGIBLE). Chair King: Good afternoon. How are you? Jason Martorella: Good afternoon. Jason Martorella on behalf of Claude Vallette and Anthony Murray, the owners of the property here on 86th Street. We are seeking City of Miami Page 56 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 a mitigation, a significant mitigation, hut there are reasons for the -- you know, the leap that we're asking the fines to be reduced to. And it's reasonable under the circumstances, and those circumstances are -- first, we're dealing with a situation in which the code violations appear to be somewhat overlapping. There are, for example, two different code violations dealing with registration of the structure. We're also dealing with fines that are -- exceed the value of the property by almost double, it's almost triple the value of the property. Second, we're talking about here individuals, they're not, you know, very deep pockets, there's not money available to pay all of these fines. Third, we're dealing with, at the time of the code violations, the owner of the property, who is still one of the owners of the property, is -- was a citizen of France. He was residing in Martinique. He did not know about any of these violations until this year. Now, I've been assured that notice was posted on the property in compliance with the law. We don't have any reason to dispute that, but the fact of the matter is that my clients -- my client, who was the owner at the time of these violations, did not know about them until this year. Third, we're dealing with a case where there was a demolition order that was entered. And going back to the issue of there being overlapping violations here, all of these violations stem from the condition and the registration of the structure that was on the property. Now, there was a demolition -- oh, sorry. (COMMENTS MADE OFF THE RECORD) Mr. Martorella: Oh, okay. There was a -- there was a demolition order that was entered in 2019, and if that -- according to that demolition order, the owners had 30 days to demolish the structure, and if they didn't demolish the structure, the City would be demolishing the structure. So, if the City would have demolished the structure at that point in time, we wouldn't have had code case number one, which accrued total fines of $460,000 -- or sorry, $490,500. And the code -- the fines on the other two cases wouldn't have been as severe. You know, it's just -- I understand the point that the City doesn't have a duty that could maybe subject the City to liability to like third parties if somebody had come onto the property or structure and got injured and tried to sue, you know, one of the owners. But here we're not looking at, you know, mitigating the, you know -- or compensating for liability incurred to a third party. We're talking about you know, the viol -- the fines imposed by the City itself. So, they entered this demolition order, which required demolition of the property in 30 days. And instead of demolishing it, it just -- they didn't demolish it for years, and that's the reason why these fines, in large part, snowballed out of control to the point that -- where they're at now. The next point is that we -- when we -- we did find out about all these violations when the owner attempted to remodel the property. He was told that he had to seek an order lifting the demolition order, and when he was going through the process of lifting the demolition order, that's when he discovered that there were all of these other violations on the property. At that point, the property still wasn't demolished. They couldn't get approval of the plans to remodel because of all these fines that were pending, so they eventually decided to demolish the property themselves. But when they applied to -- for a demolition permit, I guess it triggered something with the City, and then the City demolished it first, leading to fines or costs that were in excess of what the owners had lined up for the demolition of the property. But they paid that. They paid, I believe it was over $28,000 to the City for demolishing the structure. Now they have a local owner in addition to the Martinique owner, so this will never happen again. They've got a structure in place where they're going to become aware of any kind of violations, if there are any, and then we'll be able to cure them very, very promptly. The last point I'd like to make, and I think it's important, is that the reason why we're seeking to address and mitigate these fines is to make it economically feasible and practical to improve the property. There's nothing there now, it's just a lot. The owners of the property have plans already to build a beautiful multi -structure -- multi family structure on the lot. They have all the pieces in place, they're ready to go to create additional housing for the city. And just, City of Miami Page 57 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 you know, 1 think maybe it's worth mentioning that today we heard a lot of discussion about how the city desperately needs additional housing. So, this will provide additional housing. My clients do want to pay to rectify some of the issues, but if the structure had been demolished in accordance with the demolition order, case number one wouldn't exist at all. So, if we were to, you know, just looking at cases number, you know, two and three, those cases total about $650,000 of fines. And we are proposing a little bit less than 10 percent of those two based on the fact that one of them was for graffiti, that, you know, there's a provision in the code of ordinances that does say that the City will remove the graffiti if it's not removed within five days. But it's really that one case that deals with -- that wouldn't have existed if the structure had been demolished that 1 think is really sort of the bone of contention and sort of the meat of the dispute. If we can get rid of that one, the mitigation on the other ones, I think a reasonable mitigation would make it economically feasible again to develop this property and, you know, for the benefit of the city and its residents. Thank you. Chair King: Attorney Dooley? Ms. Dooley: Right. So, I didn't comment before because I didn't know if he would go down that road. From our office's perspective, what you guys determine as a body to mitigate to is up to you. In terms of an argument that this is the City's fault, for us, it's incredulous. It's as if saying, well, if your client wasn't living in Martinique and they were living in the United States taking care of their property, also these things wouldn't have happened. But we are under no duty to do that. It's not the City that enters an order. It's an unsafe structure panel. And there is no law, statute, that requires us to move forward on a demolition, I don't think, or case law even. So, I do not find, and I would ask this court not to find -- not court, this body to find that there is any credibility with that argument. Now, as to the other things that he's saying, I think those are reasonable and viable arguments to make to the body in terms of why they're looking for the mitigation that they're looking for with the cases. But those three cases do stand. They are valid. The one case he's talking about is the 2020 case. And so, the unsafe structure case was from 2019. They did pay. It was over $20,000, I believe, for the demolition that the City did perform. So, they already have outlaid that money, and then on top of that, they have -- I believe their offer of almost 30,000 again to close out the three. Correct? Mr. Martorella: Yeah, and I would just maybe -- Ms. Dooley: So -- Mr. Martorella: Yeah, and I would just clam that if 1 could, that I'm not today suggesting that it's the City's fault. I'm just pointing out that as a practical matter, if the structure had been demolished in accordance with the demolition order, that third -- that first case for almost $500,000 in fines wouldn't exist. That's all. Chair King: Thank you. This mitigation case falls within my district, and I have a couple of issues with it. One, work without permit. Doing work without a permit suggests that the owner is somewhat aware of what's going on with the property. I do not condone work without a permit. And then the other -- I would tend to be more lenient with the graffiti abatement except for absentee owners because that just creates an eyesore in my district. And I want to discourage anyone that thinks they can have a property in District 5, and you don't take care of it, you just leave it. It becomes such an eyesore that there's a demolition order on the property because it's now become unsafe. My district is one of the poorest districts in the city of Miami, and I would suggest that this kind of non-compliance would not happen so vagrantly in other districts. This ran for 1,694 days in one case, 981 days in another case, 995 days in the third case. But this is not just an independent property. This is a property City of Miami Page 58 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 that is surrounded by neighbors, businesses, and because of your client's neglect and not being a present owner, my community had to deal with this for a very long time, years. So, I'm not inclined to accept less than 3 percent of the violations here, and not even for the graffiti, because I do feel for businesses that are tagged repeatedly jro business owners that are present but not for absentee owners. So, I cannot accept less than 3 percent for this. And I don't want people to think that you can just come before us and we're going to say, okay, you can pay 1 percent of the fines that have amassed for years, because that's not fair to my neighbors. It's not fair to my neighbors to have to live amongst this. I would give you the opportunity to defer this, to further work out a settlement so that I don't have to say one, if that's agreeable to you. Mr. Martorella: It is, yes. Ms. Dooley: Was it 3 percent for all of it? For all of it. Chair King: Well, in my briefing, it's less than 3 percent. Ms. Dooley: Right, but yours is 3 percent? Chair King: No, no, no. Not mine. It's not 3 percent. Ms. Dooley: Oh. Chair King: I don't settle any of my cases for less than 3 percent. Unless there're mitigating circumstances, none of which I have here. He has agreed to defer the item. So, we're going to defer RE.3 to give you an opportunity to further speak with staff to come up with a better offer without me having to make it right here on the spot. Mr. Martorella: And I appreciate that. Chair King: Thank you so much. Mr. Martorella: Thank you. Chair King: May I have a motion to defer RE.3? I have a motion. Commissioner Gabela: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): And Chair, will that be November 21st or December 12th? Chair King: December 12th. Mr. Hannon: Understood. City of Miami Page 59 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.4 RESOLUTION 16685 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 6318 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2018022165, 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: Adopt RESULT: ADOPTED BUT RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.4 was deferred to the December 12, 2024, City Commission Meeting. RE.4 RESOLUTION 16685 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 6318 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2018022165, 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: Reconsider RESULT: RECONSIDERED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes City of Miami Page 60 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.4 RESOLUTION 16685 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 6318 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2018022165, 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: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.4 was deferred to the December 12, 2024, City Commission Meeting. Chair King: RE.4? Robert Santos-Alborna (Code Compliance, Director): Good afternoon, Madam Chairwoman. RE.4 is a mitigation of a property located at 6318 Northwest 2nd Avenue. The respondent is MIA Housing 2 LLC (Limited Liability Company). The case, CE 2018-022165, is for construction work without permits to wit, a fence, rather large, oversized, white, wooden fence. NOV (Notice of Violation) issued on October 18, 2018, adjudicated on February 7, 2019, complied on August 24, 2023. Is there someone? I mean, I -- is there a counsel for RE.4? I mean, I can finish my presentation, but if there's no one, no respondent -- Vice Chair Carollo: Going once? Going twice? Rachel Dooley (Assistant City Attorney, Supervisor): I saw counsel earlier today, so. Chair King: I would ask for the full amount of the fines. Mr. Santos-Alborna: $399,750. Chair King: I have a motion. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Santos-Alborna: Thank you, Madam Chairwoman. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): As amended. City of Miami Page 61 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: As amended. [Later... f Chair King: I'd like to come back to my mitigation item. I thought by saying that I'd like the total amount of the fines, that somebody would step forward. Where are we? Rachel Dooley (Assistant City Attorney, Supervisor): Yeah, so good afternoon. And I apologize, RE.4, which you voted on, I'd ask if that could be reconsidered. I looked for counsel. This attorney, I won't even say his name, but he's here all the time. I called him up, and there were some e-mails that went back and forth. They're working on their affordable housing covenant, and so they were going to come back when things were completed. They were looking for the November or December date. So, it was my error not getting that to them earlier and I do apologize. So -- Chair King: May I have a motion for reconsideration? Commissioner Pardo: I'll make the motion. Commissioner Gabela: Second. Chair King: I have a motion and a second for reconsideration. All in favor? The Commission (Collectively): Aye. Chair King: Now may I have a motion to defer RE.4 to the December 12th -- Commissioner Reyes: Move it. Commissioner Gabela: RE (Resolution) what? RE -- Chair King: RE.4. George Wysong (City Attorney): 4. Chair King: A mitigation. To the December meeting. I have a motion. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thankyou. (COMMENTS MADE OFF THE RECORD) Chair King: It worked. City of Miami Page 62 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.5 RESOLUTION 16739 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A STATUTORY PARTNERSHIP AGREEMENT WITH THE MIAMI FOUNDATION AS REQUIRED AS PART OF THE CITY OF MIAMI'S ("CITY'S") APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("EPA") ENVIRONMENTAL AND CLIMATE JUSTICE COMMUNITY CHANGE GRANT PROGRAM; FURTHER IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE REIMBURSEMENT GRANT FOR AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000.00) ("GRANT FUNDS"), WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL, FOR DISASTER PREPAREDNESS IMPROVEMENTS AND PROGRAMMING TO SELECTED CITY PARKS AND RECREATION COMMUNITY CENTERS, TO BE DESIGNATED AS RESILIENCE HUBS ("PROJECT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT FUND AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE WITH SAID GRANT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0426 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.5, please see "Order of the Day" and "Public Comments for All Item(s)." Chair King: We are now -- we now have RE.6, 7, 8, 9, 10, 11, 12. Vice Chair Carollo: How about 5? Unidentified Speaker: 5. Commissioner Gabela: Yeah. Chair King: I missed 5? Commissioner Gabela: Yeah, you didn't -- Chair King: I'm sorry, okay. We now have RE.5, 6, 7, 8, 9, 10, 11, 12, 13, 14. Are there any of these items that would like to be pulled for discussion? Mr. City Clerk? Todd B. Hannon (City Clerk): And just for the record, RE.8 would need to be amended pursuant to substitution memo dated October 22nd, 2024, and RE.13 would need to be amended, the sixth whereas clause needs to be amended to reflect 2025; it currently reflect -- states 2024. City of Miami Page 63 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: And Mr. City Clerk, do you show me as a sponsor for RE.12? Mr. Hannon: Yes, that was stated earlier this morning. Chair King: Okay. I think we all should sponsor that. Vice Chair Carollo: You're in favor of RE.7, Commissioner Pardo? Commissioner Pardo: Yes. Vice Chair Carollo: Okay. Put me a sponsor on that, too. Commissioner Gabela: What's -- Mr. Hannon: I'm sorry, Commissioner Carollo, a sponsor for -- Vice Chair Carollo: RE.7. Mr. Hannon: RE.7. Commissioner Gabela: We're not discussing RE.12. We're not doing RE.12, right? Chair King: If you would like to discuss it, yes. I_ f you'd like to pull it for discussion. Otherwise, well just vote on it. Commissioner Gabela: Yeah, I'd like to pull it for discussion. Chair King: Okay. We'll pull that one for discussion. Todd -- Vice Chair Carollo: RE -- RE.12? Chair King: RE.12. Todd, I'd also like to be a sponsor f br RE.7. Mr. Hannon: Understood. Chair King: Okay, I have RE.12 pulled for discussion. Are there any other items that you would like to pull for discussion? Any other items to be pulled for discussion other than RE.12? Vice Chair Carollo: Hold on. How far in the REs (Resolutions) did we get to? Chair King: We finished RE.5. 1 mean, we finished RE.4. We have RE.5 through RE.14 in play, with RE.12 being pulled for discussion. Vice Chair Carollo: Not -- RE.14? Chair King: RE.14 is in play. Vice Chair Carollo: Big play. Chair King: It's in play. Vice Chair Carollo: That's for your whole 17 years of the extension? Chair King: Yes. City of Miami Page 64 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Vice Chair Carollo: Why so little? Chair King: That's what we were given. That's what we were advised. Vice Chair Carollo: I think you were advised wrong; it should be more than that, I believe, and maybe you need to wait just a little more to bring the interest rates down and you could bring it up by another 30, 40, $50 million. That's my thought. Chair King: Mr. CFO (Chief Financial Officer)? Larry Spring: Larry Spring, Chief Financial Officer. This -- Commissioner Carollo, this transaction is being worked on by Sergio Masvidal from PFM (Public Financial Management). City's not worked on it, but my understanding is the capacity calculations were done based on where their TIF (Tax Increment Financing) is right now, subtracting any first place security or first place obligations that they have. And remember, they do have, you know, some TIF agreements and things that exist prior to -- in place prior to their total amount, so. Vice Chair Carollo: Yeah, but what interest rates are they going on? Mr. Spring: I haven't -- I have not seen any of their -- the number runs, so. Vice Chair Carollo: I just want you to get the most. Chair King: I as well. Bond counsel -- Mr. Spring: But -- Chair King: -- seems to feel like -- Mr. Spring: -- we need -- Chair King: -- based on all of the things, I don't know if any of the CRA (Community Redevelopment Agency) persons are still in the building. Mr. Spring: Well, let me put this on the record. The reason why you need to, from a timing standpoint, we need to get this bond resolution approved today, you don't have another meeting, and this item has to go to the County for approval. Chair King: I see. Mr. Spring: So -- Vice Chair Carollo: Okay, well, but you don't have to put it out -- Mr. Spring: We don't have to put itout yet, no. Vice Chair Carollo: -- until we see how the market gets, right? Mr. Spring: Yes. As a matter of fact, the -- the estimate is that this debt won't be issued until December. There is one issue that I know that is being addressed that does have a timeliness issue, which is the Tri-Rail -- the funding of the Tri-Rail grant, which is about $17.5 million that we've been working with Tri-Rail on. But it definitely -- Vice Chair Carollo: Why are we going to limit it $150 million if the interest rates gets better for next year, which it's going to, and this will go up more? City of Miami Page 65 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Mr. Spring: Well, what 1 would suggest or recommend right now is that we approve this authorization at this up to amount and allow for us to continue through the process because it does have to go to the County and go through all their committees and everything and then maybe bring an amendment to the authorization based on a future -- you know, a future calculation, you know, that if it's -- if there is some interest rate impact. Vice Chair Carollo: Okay, I'm just wondering, to save all that, if you can put a clause in there that it can go up to a certain additional amount if the interest rates -- Mr. Spring: You could -- you could authorize it for a larger amount right now, actually. Vice Chair Carollo: Yeah. Mr. Spring: Well -- Chair King: As amended. We could do an as amended? Vice Chair Carollo: Yeah. Mr. Spring: Up to? Chair King: Up to. Xavier Alban (Assistant City Attorney, Supervisor): Yeah, so the CRA already approved it at $150 million. So, to approve something above that -- Mr. Spring: You'd have to go back. Mr. Alban: -- would still have to go hack to the CRA, .so that -- Vice Chair Carollo: Well, we're here. Arthur Noriega (City Manager): Yeah, but doing that's -- Mr. Alban: But -- but that -- Mr. Noriega: -- just the mechanics, right? I mean, you can always -- they can always increase the amount -- Mr. Spring: You could -- Mr. Noriega: -- and then just take it back to the CRA and do it later. Mr. Spring: Could you recon --? Well, you could reconvene your CRA meeting that you had earlier. Mr. Alban: Yeah, and reconsider the item. Mr. Spring: Yeah, and reconsider the item. Chair King: Okay. Mr. Spring: But -- the -- I -- it is important from a timing standpoint that -- City of Miami Page 66 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Vice Chair Carollo: No, that I understand. Mr. Spring: Yeah. Yeah. Vice Chair Carollo: That you need to have the time for bond counsels to prepare everything. Mr. Spring: Well, more than that, it's to go through the Countv's process. Chair King: Right. Mr. Spring: Because it's going to go here to the County. Chair King: Right. Okay, we're going to hold off on RE.14. If there's no other item that my colleagues would like to pull for discussion, may I have -- Vice Chair Carollo: Motion. Chair King: -- a motion for RE. 6 -- Commissioner Gabela: Second. Chair King: -- 7, 8, 9, 10, 11 and 13? Mr. Noriega: Madam Chair, you forgot 5 again. Chair King: Again? Vice Chair Carollo: Yes. Chair King: Okay. RE.5, 6, 7, 8, 9, 10, 11, 13. I have a motion. Commissioner Pardo: Second. Chair King: And a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries, as amended, with RE.8 and RE.13. City of Miami Page 67 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.6 RESOLUTION 16747 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE LIVING CITIES ORGANIZATION, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("GRANT") TO SUPPORT THE CITY OF MIAMI'S ("CITY") BREAKING BARRIERS TO BUSINESS ("B3") INITIATIVE TO ACCELERATE WEALTH - BUILDING FOR MINORITY BUSINESS OWNERS AND PROMOTE CLOSING THE RACIAL INCOME AND WEALTH GAP; FURTHER ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "LIVING CITIES - B3 INITIATIVE" AND APPROPRIATING THE GRANT FUNDS FOR SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER DOCUMENTS, AMENDMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT AND COMPLY WITH SAID GRANT. ENACTMENT NUMBER: R-24-0427 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.6, please see "Public Comments for All Item(s)" and Item RE.5. City of Miami Page 68 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.7 RESOLUTION 16548 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S SUBMITTAL OF AN APPLICATION FOR THE ACCEPTANCE OF GRANT FUNDING FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") SMALL-SCALE SPOIL ISLAND RESTORATION & ENHANCEMENT PROGRAM FOR THE DEBRIS MANAGEMENT PROJECT AT WILLIS ISLAND AND PACE PICNIC ISLAND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER AUTHORIZING THE REQUIRED CITY MATCH IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND DOLLARS ($4,000.00) TO BE PROVIDED AS IN -KIND SERVICES AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025 IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00) FOR EACH SPOIL ISLAND LOCATION FOR AN AGGREGATE AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-24-0428 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.7, please see "Public Comments for All Item(s)" and Item RE.5. City of Miami Page 69 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.8 16677 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS, IN THE TOTAL AMOUNT OF $317,000.00, COLLECTED BY THE CITY OF MIAMI ("CITY") AS SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("DRI")/MASTER PLAN RECOVERY FEES AND DRI SUPPLEMENTAL FEES, AS SET FORTH IN CHAPTER 13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO THE MIAMI SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), IN ORDER TO REIMBURSE FUNDING TO THE SEOPW CRA FOR THE AMENDMENT OF A REDEVELOPMENT PLAN, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY MANAGER. ENACTMENT NUMBER: R-24-0429 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.8, please see Item RE.5. RE.9 RESOLUTION 16738 Commissioners and Mayor A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("MIAMI DDA") IN AN AMOUNT NOT TO EXCEED $650,000.00 TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED OFF -DUTY POLICE SERVICES WITHIN THE MIAMI DDA AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IF NECESSARY, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0430 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.9, please see Item RE.5. City of Miami Page 70 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.10 16796 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CERTAIN MIAMI FOREVER BOND LOAN DOCUMENTS EXECUTED AS OF AUGUST 12, 2021, INCLUDING, BUT NOT LIMITED TO, THAT CERTAIN LOAN AGREEMENT (THE "LOAN AGREEMENT"), AND THAT CERTAIN RENT REGULATORY AGREEMENT (THE "RENT REGULATORY AGREEMENT") (COLLECTIVELY THE "LOAN DOCUMENTS"), IN CONNECTION WITH THE MIAMI FOREVER BOND LOAN BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY") AND BLOCK 55 RESIDENTIAL, LP, A FLORIDA LIMITED PARTNERSHIP ("DEVELOPER"), IN THE PRINCIPAL AMOUNT OF SEVEN MILLION, FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($7,500,000.00) MADE BY THE CITY TO DEVELOPER TO FUND A CERTAIN AFFORDABLE HOUSING PROJECT LOCATED AT 249 NORTHWEST 6TH STREET, KNOWN AS "SAWYER'S WALK" OR "BLOCK 55" ("PROJECT"); THE AMENDMENT(S) TO THE LOAN DOCUMENTS IS SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO, THE WRITTEN APPROVAL OF THE AMENDMENT(S) TO THE LOAN DOCUMENTS BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL"), AND THE WRITTEN APPROVAL OF THE AMENDMENT TO THE LOAN DOCUMENTS BY THE CITY'S BOND COUNSEL, OR ITS SUCCESSOR ("BOND COUNSEL APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, AND IN ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO, THE HCLC APPROVAL, AND IN THE BOND COUNSEL APPROVAL; 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; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0431 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.10, please see "Public Comments for All Items)" and Item RE.5. City of Miami Page 71 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.11 16797 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF ONE MILLION, ONE HUNDRED SEVENTY-TWO, FIVE HUNDRED TWENTY-NINE AND 64/100 DOLLARS ($1,172,529.64) ("FUNDS") FROM DISTRICT 4 PARK AND AFFORDABLE HOUSING LAND ACQUISITION, PROJECT NO. 40- B213414, AND SILVER BLUFF PARK IMPROVEMENT AND ENHANCEMENTS, PROJECT NO. 40-B193523, IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2024-25 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 7, 2024 PURSUANT TO RESOLUTION NO. R-24-0328 ("CAPITAL PLAN"), AND RE - APPROPRIATING SAID FUNDS TO CURRENT AND FUTURE CAPITAL PROJECTS IDENTIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE USE, ALLOCATION, AND APPROPRIATION OF FUNDS IDENTIFIED HEREIN, ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0432 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.11, please see Item RE.5. City of Miami Page 72 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.12 16798 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO AMEND THE LIVE LOCAL ACT ("ACT") TO PROTECT SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS BY PROHIBITING DEVELOPMENTS UNDER THE ACT TO BE LOCATED ADJACENT TO PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL ON ONE OR MORE SIDES OR ADJACENT TO A NEIGHBORHOOD CONSERVATION DISTRICT ON ONE OR MORE SIDES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-24-0433 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 RE.12, please see "Order of the Day" and "Public Comments for Allltem(s)." Chair King: Now, for discussion, RE.12. Commissioner Gabela, I believe you pulled RE (Resolution) -- Commissioner Gabela: No, you guys go ahead -- go ahead, I'm holding my thoughts until the end. Chair King: I don't think anybody else -- Commissioner Reyes: I -- it is very clear what I'm trying to do here. Chair King: Okay. Commissioner Reyes: It is quite clear that we are asking that (INAUDIBLE) be modified (INAUDIBLE) be modified. I have -- I have heard people saying that we can opt out and the -- according to the -- our attorneys and everybody that knows about it, it's not possible here because to start with, we don't have -- we don't have excess housing units here. If -- that would be one of the requirements. And -- and I have also heard that we should sue them. And Mr. City Attorney, could you go and be more clear on it? George Wysong (City Attorney): Yeah, I'll address first the opt -out. That's sort of a misnomer in that there is a provision -- Commissioner Reyes: There is a provision. Mr. Wysong: -- under the statute that says a taxing authority must -- beginning with the 2025 tax roll, a taxing authority may elect upon adoption of an ordinance or resolution approved by a two-thirds vote of the governing body not to exempt, not to exempt property under Subparagraph (d)(1)(a), located in a county specific -- specified pursuant to Subparagraph 2. Basically, what we're talking about is they City of Miami Page 73 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 call it the missing middle. The opt -out provision that became effective in July 2024 is related to the missing middle property tax exemption that's part of the act. The missing middle property tax exemption is an ad valorem tax exemption for the affordable units in developments that contain over 70 affordable units for households up to 120 percent AMI (Area Median Income). Units that serve households from 80 to 120 AMI receive a 75 percent tax exemption and units that serve households below 80 percent receive a 100 percent property tax exemption. Taxing authorities may opt out of this tax exemption if located in a county in which the number of affordable and available units for households at or below 120 AMI is greater than the number of households at that income level as determined by the most recent Schoenberg Center for Housing Studies Annual Report. That's pursuant to 196.1978- 301. So, the opt -out provision that you may see in the paper is where a taxing authority like Orange County, Florida says, we're not going to give that tax exemption. But there is no opt out of Live Local. If only there were, right? But there is not. And as far as litigation, right now I'm aware of at least one case. Doral had litigation. I believe they resolved it with the developer. Bal Harbour currently is being sued by a developer because Bal Harbour is not following the Live Local provisions. So, all of the municipalities in the state of Florida are watching that case to see what happens. Pasco County in 2023 threatened to sue and then the state threatened to take away discretionary funding and they withdrew their saber - rattling. So, we will continue to monitor it. If there's an opportunity for us to challenge it, we will. But right now, this resolution urging the Governor and the Legislature to make modifications to it is a very, good first start in our opinion. Commissioner Reyes: Madam Chair? Chair King: Yes, Commissioner Reyes? Coniniissioner Reyes: Yes, and I want to make clear that this is not only -- not only -- does not only address the Sears development, it addresses about 20-some, 21 or 22 potential, potential development that could -- they could try to use Live Local. Chair King: That's why I am a sponsor of this item as well. Live Local could be very detrimental to my, community -- Commissioner Reves: Absolutely. Chair King: -- particularly on the Upper East Side. My neighbors feel very passionate -- Commissioner Reyes: Yes. Chair King: -- about the footprint of our neighborhood. 1 have been working with State Representative Vicki Lopez -- Commissioner Reyes: Me too. Chair King: -- who tried last year to get this legislation amended and is still trying to work with it. It is -- and this is why politics are local, right? Because we know our neighborhoods best and we know it will also be a disaster in RTZ (Rapid Transit Zone) zones -- Commissioner Reyes: Yes. Commissioner Gabela: So, what -- City of Miami Page 74 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: -- where we wouldn't have a say. So, I completely support this legislation. Commissioner Gabela, 1 believe you wanted to say something. Commissioner Gabela: Yeah, what exactly are we amending Wysong? Mr. Wysong: No, so -- Commissioner Gabela: What are we asking? Chair King: We're not amending anything. Commissioner Gabela: No, no, what -- no, what are we asking the Legislation? The Legislation in Tallahassee to actually amend. Mr. Wysong: So, we 're asking -- Commissioner Gabela: I'm sorry, I haven't been keeping up with. Mr. Wysong: No problem. So, this resolution will ask the Florida Legislature to prohibit development under the act to be located adjacent to property zoned -- Commissioner Reyes: Absolutely. Mr. Wysong: -- single-family, residential on one or more sides or adjacent to a neighborhood conservation district. And I just wanted -- Commissioner Gabela: That's it? The only -- those are the only two things? Mr. Wysong: Yeah, that's it. Commissioner Gabela: Okay. I'm ready. Mr. Wysong: I just wanted to comment real quick to address what the chairwoman said, which is during public comment, a lot of people challenged you all to take action against Live Local -- Chair King: And we cannot. Mr. Wysong.• -- but they don't realize that the word preemption means that the State of Florida has taken away your power. And so really, the State of Florida is in control of this issue. These are not unintended consequences. This is what the Florida Legislature intended, is to take away your authority over these rezoning. Commissioner Reyes: If I may add, Madam Chair, about two or three years ago when this started, I went to Tallahassee. I had my conversations and also arguments with the proponents and how would that be detrimental at the time, detrimental to the city of Miami and a lot of cities because there are other aspects of Live Local that we are not discussing here. And -- and they, at the time, they were allowing that in workforce, it could be up to 140. I placed a strong argument about it because that is not, 140 of AMI, it is not -- it's a misnomer for workforce because you could be making over $100,000 and still qualify for this. So, I -- I think that we had a little bit of positive results, but we have to keep on working on it and we have to -- we even met with the League of Cities and we are trying to get them on board. And I move it. I'm moving this. Chair King: I have a motion. City of Miami Page 75 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 RE.13 16803 Commissioners and Mayor RE.14 16808 Commissioners and Mayor Commissioner Pardo: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PROPERTY LOCATED AT 24 SOUTHWEST 4 STREET, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL", TO ALLOW FOR THE BLOOM PRESENTS EVENTS TO BE HELD THROUGH DECEMBER 31, 2024. ENACTMENT NUMBER: R-24-0434 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.13, please see Item RE.5. RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT ACT OF 1969 (PART III OF CHAPTER 163, FLORIDA STATUTES), PARTICULARLY SECTIONS 163.358(3) AND 163.385 THEREOF, APPROVING ISSUANCE OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2024 IN AN AMOUNT NOT TO EXCEED $150,000,000.00 ("SERIES 2024 BONDS") IN ORDER TO FINANCE CERTAIN GRANTS TO BE USED FOR THE CONSTRUCTION OR REHABILITATION OF AFFORDABLE HOUSING, THE CONSTRUCTION OF OTHER CAPITAL IMPROVEMENTS IN THE REDEVELOPMENT AREA, AND REFINANCING CERTAIN OUTSTANDING OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0435 City of Miami Page 76 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.14, please see Item RE.5. Chair King: And that -- oh, Pm sorry, we have to go back to RE.14. (COMMENTS MADE OFF THE RECORD) Chair King: And DI1. Okay. I -- Mr. CFO (Chief Financial Officer)? It has been brought to my attention that we cannot put language in up to. We are not -- we will not be able to get more than $150 million for the bonding of the Southeast Overtown/Park West CRA (Community Redevelopment Agency)? Larry Spring (Chief Financial Officer): Yes, while we were at break I had an opportunity to speak to our -- the City's FA (Financial Advisor), who worked on this deal or has been putting the deal together. Based on his calculations, the $150 million is the capacity that they're at based on the available, pledgeable revenues applying the -- the one and a half times coverage ratio. Vice Chair Carollo: Well, it would have to be two times. Mr. Spring: Two -- Vice Chair Carollo: Not one and a half times. This is not going to referendum. Mr. Spring: That's for -- so no. Two times applies for -- you have it in reverse. Two times would apply, for a GOB (General Obligation Bond) bond, 150 for CRA. Vice Chair Carollo: Okay. Now, what is the interest rate that it's going on? Mr. Spring: They ran this as of September 25th, and the all -in -- the all -in -- total all -in cost is 5.906. Vice Chair Carollo: Okay, well, I would say that before it goes out, it just brought up to this commission's attention again because I do believe that for next year, the interest rates will be better than what is there now. And we should get an uptick in this. Mr. Spring: We will certainly ensure that you do so. Chair King: Thank you. May I have a motion for RE.14? Vice Chair Carollo: Move. I have a motion and -- Commissioner Pardo: Second. Chair King: -- a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 77 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 END OF RESOLUTIONS City of Miami Page 78 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 14322 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Let's go to -- Mr. City Attorney, would you please read the titles into the record for our second reading ordinances? George Wysong (City Attorney): Yes, Madam Chair. Second Reading 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: That's it for the second reading. Chair King: Gentlemen, are there any items in the SRs, second reading items, that you would like to pull for discussion? Commissioner Pardo: Briefly, SR.2. Chair King: Okay. [Later...] Chair King: Anything else? May I have a motion for SR. 1? Commissioner Gabela: Motion. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 79 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Motion carries. SR.2 ORDINANCE Second Reading 15353 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I/SECTION 23-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION/TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT," TO ALLOW HEIGHT INCREASE FOR PROJECTS PROVIDING A PUBLIC BENEFIT BY A PUBLIC AGENCY, TO THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT COMMUNITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14323 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comments for All Item(s)" and Item SR.1. Chair King: Commissioner Gabela, I mean, Commissioner Pardo? Commissioner Pardo: On SR.2, 1 simply wanted to, for the record, state that it's very restrictive in order to be able to do this, and that has to be a public benefit by a public agency. And I think a lot of people think this is just an increase in general and it will impact everything. It's only in the MiMo (Miami Modern) District, and it's only regarding -- Chair King: Correct. Commissioner Pardo: -- that specific situation, which I think can only apply to maybe one or two. Chair King: Correct -- well, further, this is -- this is not about any project as yet. This is only giving us legislation that can entertain a public private partnership with specific criteria, correct Director Snow? David Snow (Director, Planning) That is correct and we also went a step further to specify city, specific to the city agency. Chair King: Correct. Mr. Snow: It's very, narrow. City of Miami Page 80 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: So, this is only the legislation that authorizes a public private partnership with a city agency. That's it. Next step would be to ident the project, the specifics of the project. This just allows us to entertain a project. Commissioner Pardo: And this vote allows it to go to the HEP (Historic and Environmental Preservation) Board? Chair King: Yes. So, may I have a motion? Commissioner Gabela: Motion. Vice Chair Carollo: Move. Chair King: I have a motion and a second. All in favor? The Commission (Collectively) Aye. Chair King: Motion carries unanimously. END OF SECOND READING ORDINANCES City of Miami Page 81 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 16794 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 62/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/TREE TRUST FUND," IN ITS ENTIRETY; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION," TO RENAME CHAPTER 17 "TREE PRESERVATION AND PROTECTION," TO CLARIFY DEFINITIONS AND PROCEDURES THROUGHOUT CHAPTER 17, INCLUDING PROVIDING NEW EXEMPTIONS, AND TO ESTABLISH A NEW CHAPTER17/ARTICLE IV, TITLED "TREE TRUST FUND" PROVIDING THAT PAYMENTS FOR TREE VIOLATIONS BE REMITTED TO THE TREE TRUST FUND AND TO PROVIDE THAT A SPECIFIED PERCENTAGE FROM THE TREE TRUST FUND BE EXPENDED FOR EDUCATING CITY RESIDENTS ON TREE PLANTING AND TREE MAINTENANCE AND A SPECIFIED PERCENTAGE BE EXPENDED BY THE CITY FOR MAINTENANCE OF TREES ON PUBLIC PROPERTY AND FURTHER SLIGHTLY ADJUSTING THE PERCENTAGES IN TREE TRUST FUND EXPENDITURES TO ACCOMMODATE FOR THESE NEW PERCENTAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.1 was deferred to the December 12, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day" and "Public Comments for AllItem(s)." City of Miami Page 82 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 FR.2 ORDINANCE First Reading 16581 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 35/ARTICLE VII/SECTION 35-254 OF THE CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/TRANSPORTATION TRUST FUND/TRUST FUND PAYMENTS," 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney, would you read FR.2, the title, into the record for consideration? George Wysong (City Attorney): Yes, Madam Chair. An ordinance -- FR.2. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Vice Chair Carollo: Move. Chair King: I have a motion and a second. Commissioner Gabela: Second. Chair King: Any discussion? Motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Discussion Item 1. Vice Chair Carollo: FR.1? Chair King: No, we finished the FRs (First Readings). Vice Chair Carollo: (INAUDIBLE). Chair King: Discussion item. There's a discussion item. (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: Oh, that's you, Pardo. Vice Chair Carollo: (INAUDIBLE). Chair King: Okay. City of Miami Page 83 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 FR.3 ORDINANCE First Reading 16718 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY," AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED "NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO CREATE A PILOT PROGRAM FOR THE NRD-1 WYNWOOD BID REMOVING DECIBEL READINGS FOR NOISE VIOLATIONS AND CREATING ALTERNATE HOURS FOR RESTRICTIVE TIMES AND ALTERNATE DISTANCES FOR SOUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.3 was continued to the November 21, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item FR.3, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 84 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 16807 Commissioners and Mayor A DISCUSSION REGARDING DISTRICT 2 AS REFERENCED IN THE OCTOBER 15TH COMMISSION MEETING. RESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.1, please see "Public Comments for All Item(s)." Chair King: We are DI.1. Commissioner Gabela: Is that the last thing on the agenda, DI.1? Chair King: Yes. Vice Chair Carollo: I believe DI.1 is the last thing. Chair King: It will be the last thing. Vice Chair Carollo: Mr. Manager, could you bring all your key people that have to do with Code over here, the director and if you have your top assistant city manager, if he's here today, for Building and Zoning. Thank you. While the Manager is getting them from the back, if I could go with a very brief presentation. You see up here the now famous outdoor gym equipment that's at Maurice Ferre Park, that was passed with 80 percent votes of the city residents, including the majority, big majority of the votes across the street from the residents that we were told by Mr. Pardo that were all against it. You can go to the next picture. And you see how small of an area it is in Maurice Ferre Park, a 20-acre park. Now, as you can see, this is a plain -Jane outdoor exercise equipment that we have in most of our parks. You don't have to go far. You can go right here, a couple of blocks to your left in Myers Park. You've got some there. You go to Kennedy Park here in the Grove. You've got more in all of our districts. We have outdoor exercise equipment. In fact, in around 40 of our parks, we do. We'll go to the next one. This, however, we don't have in all of our districts. It's only in one district. This has been there for a year or more. This is outrageous that we had to do last year's New Year's Eve event that we had approximately 150,000 people that came. Another 300,000 or more that saw it in TV in South Florida, and hundreds of thousands more that saw it throughout the world. Number one country outside of the US (United States) is Mexico, number two was Spain. And you see it here closely, you see that this is not just so-called graffiti, this is vandalism the way you see it here. This is to purposely have made this building look like crap so that we, the City of Miami government, the residents of Miami, would be embarrassed. And it was done by owners that inherit this building because, as 1 understand it, they were mad that Code did something to them or another because they had committed some violations, and they wanted to show this to us. Look at that. I mean, this is every floor. This is not something that you could have done overnight, hidden, and get away with it. This was done during numerous days, and they let them do it. They let them get away with that. Go to the next picture, please. You see how it looks from another angle? You show me one city in the world that would allow this. You show me one area of the city of Miami, or for that matter, any city in our county or unincorporated areas, that would allow this. Next one, please. You see how this is all City of Miami Page 85 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 abandoned, where it is extremely dangerous. They're letting people now go in there, and you see them downtown, homeless coming in and out of there. This is from street level all the way to the top of the building as you've seen it. Go to the next one, please. See what they've done to it on the other side of downtown and how it looks at the street level. Next one, please. And this view is going to be -- well this, let me explain, this is the fountain that hasn't been working, and we took over Bayfront Park with a fountain that had been like that for decades. God willing, the fountain will be working before the end of the year. God willing. Right in front of that pink area there that you see there now, where the vehicles are, is where the stage goes for New Year's. The New Year's Eve that the city of Miami puts out is the second biggest in America. The second biggest in all of America. It's the number one in the whole world for the amount of musicians, singers that come in. We have so many that we start at 6:00 p.m. and we go live on TV at 6:00 p.m. all the way till at least 1:00 in the morning. It's also the largest Hispanic New Year's Eve event anywhere in the world, Latin America. This is the view that people are going to have, tens of thousands of people that are going to be gathered there, they're going to have of our downtown, including thousands of visitors that come during that time of the year. When we have the Orange Bowl Classic, the championships that are played, right at the Intercontinental we have one of the teams that stay. Can you go forward more? This is the same view that you see in a closeup that they're going to see. This is another aspect that we have in front of this building and right in Biscayne Boulevard, in the adjacent area, of homeless. See that? Go to the next, please. Another one. Go ahead. Another one. And we didn't want to go any farther in because then I would have to be showing you dozens upon dozens of homeless all gathered. This is just right in the either Biscayne Boulevard or just a little in from Biscayne Boulevard. I cannot for the life of me understand how the only thing that's been important to my colleague, Commissioner Pardo, has been to get rid of the outdoor exercise gym, but he hasn't put that same effort, nowhere near it, to make sure that this graffiti is taken out of that building in one form or another. I submit to you that I think the residents of Miami, as they voted, would have preferred for him to have put all his efforts, the lawsuit that he filed, the PAC (Political Action Committee) that he opened, the money that he raised to to; to get the gym equipment out in trying to get this graffiti out of this building. But my colleague hasn't cared about that. He's cared about the gym equipment and not taking care of this. END OF DISCUSSION ITEM City of Miami Page 86 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.1 14742 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.1, please see "Public Comments for All Item(s)." Chair King: Discussion item. You said wait for it. Okay. Mr. City Attorney, would you please read the Planning and Zoning titles into the record so we may consider these items. George Wysong (City Attorney): Yes, Madam Chair, and I appreciate your patience. PZ.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.4. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 87 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Mr. Wysong: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.8. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ9. An ordinance -- a resolution -- oh, sorry. PZ9 is a resolution. PZ10. 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. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: 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: And that's it for the PZ (Planning and Zoning) items. Chair King: Thank you. I'm going to ask my colleagues if there are any items that they would like to pull for discussion. Commissioner Reyes: Madam Chair? I have to make a Jennings disclosure. Chair King: Okay. Commissioner Reyes: For items 1 and 2, and 13 and 14. And before we vote on item 13 and 14, I would like to get a commitment from the -- from the attorney. Chair King: Okay. City of Miami Page 88 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Carlos Diaz: Good afternoon, Madam Chair, Commissioners. Carlos Diaz with offices at 333 Southeast 2nd Avenue, here on behalf of the applicant. Yes, we would like -- we'll make a proffer to bring a covenant back for a second reading for this item and work with staff -- Chair King: Which item is it? Mr. Diaz: PZ.13 and 14. Commissioner Reyes: 13 and 14. Mr. Diaz: The covenant order will be for 14, the rezoning, but we're committing to bringing that back and we'll have all the details there. We'll work it out with staff and ready for commission on second reading. Commissioner Reyes: Okay. Remember what I told you? Mr. Diaz: Yes. We're clear. Commissioner Reyes: Okay. Thank you. I have no other -- any other. Chair King: Are there any items? Commissioner Pardo? Commissioner Pardo: I have a Jennings disclosure on PZ.11. Mr. Wysong: And 12. PZ.11 and 12. Commissioner Pardo: And 12. Chair King: And 12. Okay. Commissioner Gabela: Are you going to do all the PZ.s together? Because 1 will he voting no on 13 and 14. Chair King: Okay. So, I'll pull out 13 and 14 for -- I'll just do those separately. 1 have a Jennings disclosure for PZ.9. So, are there any other items? Okay. May I have a motion to pass PZ.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 15? Commissioner Gabela: Motion. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 89 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.2 ORDINANCE First Reading 14743 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE — LIMITED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 5010 AND 5040 NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50 TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR A PORTION OF 184 NORTHEAST 50 TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-L," URBAN CENTER ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 162, 170, AND A PORTION OF 184 NORTHEAST 50 TERRACE (LOT 3, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET, MIAMI, FLORIDA, AND A CHANGE OF ZONING DESIGNATION FROM "T3-L," SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.2, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 90 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.3 ORDINANCE Second 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. ENACTMENT NUMBER: 14324 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.3, please see "Public Comments for All Item(s)" and Item PZ.1. PZ.4 ORDINANCE Second 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. ENACTMENT NUMBER: 14325 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.4, please see Item PZ.1. City of Miami Page 91 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.5 ORDINANCE Second 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. ENACTMENT NUMBER: 14326 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.5, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 92 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.6 ORDINANCE Second 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. ENACTMENT NUMBER: 14327 MOTION TO: Adopt RESULT: ADOPTED BUT RECONSIDERED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes PZ.6 ORDINANCE Second 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. ENACTMENT NUMBER: 14327 City of Miami Page 93 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes PZ.6 ORDINANCE Second 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. ENACTMENT NUMBER: 14327 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item PZ.6, please see Item PZ.1. David Snow (Director, Planning): Sorry, Madam Chair. Chair King: Yes? Mr. Snow: PZ.6, the development agreement, there has been updates that have been made to that, so those revisions will be -- Chair King: As amended? Mr. Snow: -- as amended. Chair King: PZ -- Todd B. Hannon (City Clerk): So, we've already taken the vote on PZ.13 and 14. City of Miami Page 94 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Chair King: Yes, it's 4-1. Mr. Hannon: So, we're going to reconsider then PZ.6. Chair King: Do I -- may I have a motion for reconsideration of PZ.6? Commissioner Gabela: Motion. Chair King: I have a motion. Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. May I have a motion to pass PZ.6 as amended? Commissioner Reyes: Move it. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. We have future legislation just for consideration. Give everybody notice. PZ.7 ORDINANCE Second Reading 16224 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO EXPAND THE AFFORDABLE HOUSING TRANSFER OF DEVELOPMENT DENSITY PROGRAM TO INCLUDE OPPORTUNITY ZONES AND TO PROVIDE OTHER MINOR CLARIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14328 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.7, please see Item PZ.1. City of Miami Page 95 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.8 ORDINANCE Second 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. ENACTMENT NUMBER: 14329 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.8, please see Item PZ.1. PZ.9 RESOLUTION 16437 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, TWO (2) Planning EXCEPTIONS PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND CHAPTER 4/SECTION 4-3(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES/HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," AND SECTION 4-7(C) OF THE CITY CODE, TITLED "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET AND AN EXTENSION OF HOURS FROM 3:00 AM TO 5:00 AM, AND APPROVING WITH CONDITIONS A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 TO PERMIT AN OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "D2," INDUSTRIAL DISTRICT ZONE, AND GENERALLY LOCATED AT 261 NORTHEAST 73 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0437 City of Miami Page 96 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes PZ.10 ORDINANCE First Reading 16713 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN, 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.10, please see Item PZ.1. City of Miami Page 97 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.11 ORDINANCE First Reading 16649 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTIES GENERALLY LOCATED AT 625, 645, 675, 685, 650, 640, 630, AND 626 NORTHEAST 64 TERRACE, AND 635, 645, 655, 669, AND 685 NORTHEAST 64 STREET, AND FROM "RESTRICTED COMMERCIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTIES LOCATED AT 610 NORTHEAST 64 TERRACE AND 629 NORTHEAST 64 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.11, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 98 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.12 ORDINANCE First Reading 16650 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 625, 645, 675, 685, 650, 640, 630, AND 626 NORTHEAST 64 TERRACE, AND 635, 645, 655, 669, AND 685 NORTHEAST 64 STREET, AND FROM "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, AND "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, AND "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT 610 NORTHEAST 64 TERRACE, AND FROM "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, AND "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 629 NORTHEAST 64 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.12, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 99 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.13 ORDINANCE First Reading 16700 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 "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 55 NORTHWEST 23 AVENUE, 2250 NORTHWEST FLAGLER TERRACE, AND 2260 NORTHWEST FLAGLER TERRACE 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: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Pardo, Reyes NAYS: Gabela Note for the Record: For additional minutes referencing Item PZ.13, please see Item PZ.1. Chair King: May I have a motion for PZ.13 and 14? Commissioner Reyes: Move it. Chair King: 1 have a motion. Commissioner Pardo: Second. Chair King: I have a second. All in favor? Commissioner Gabela: No. Commissioner Pardo: Aye. Chair King: Aye. Passes 4 -- Commissioner Gabela: I am against. Chair King: -- 4-1. City of Miami Page 100 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.14 ORDINANCE First Reading 16701 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-L," URBAN CENTER ZONE- LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 55 NORTHWEST 23 AVENUE, 2250 NORTHWEST FLAGLER TERRACE, AND 2260 NORTHWEST FLAGLER TERRACE, 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: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Pardo, Reyes NAYS: Gabela Note for the Record: For minutes referencing Item PZ.14, please see Item PZ.1 and Item PZ.13. City of Miami Page 101 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.15 ORDINANCE First Reading 16433 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.15, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 102 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.16 16562 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TO RECONSIDER RESOLUTION NO. R-24-0212, WHICH DENIED THE APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY MANAGER, AND MIGUEL FERRO, THE THEN EXECUTIVE DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.16 was continued to the November 21, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.16, please see "Order of the Day" and "Public Comments for All Item(s)." City of Miami Page 103 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 PZ.17 15113 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY MANAGER, AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.17 was continued to the November 21, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.17, please see "Order of the Day." PZ.18 ORDINANCE Second Reading 16687 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," TO PERMIT RECREATIONAL FACILITY USES AND COMMUNITY FACILITY USES IN "CS" CIVIC SPACE TRANSECT ZONES BY RIGHT AND TO AMEND ARTICLE 10, SPECIFICALLY SECTION 10.1.4, TITLED "GENERAL REQUIREMENTS," AND TABLE 15, TITLED "SPECIFIC SIGN DESIGN STANDARDS (C)," TO ALLOW FOR CERTAIN ILLUMINATED SIGNS IN "CS" CIVIC SPACE TRANSECT ZONE BY RIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.18 was continued to the November 21, 2024, City Commission Meeting. City of Miami Page 104 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 Note for the Record: For minutes referencing Item PZ.18, please see "Public Comments for Allltem(s)." Note for the Record: For minutes referencing Item PZ.18, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 105 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 FL - FUTURE LEGISLATION FL.1 16787 Department of Planning FL.2 16788 Department of Planning FL.3 16789 Department of Planning ORDINANCE AN ORDINANCE THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/NOTICE GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 62-20 OF THE CITY CODE, TITLED "SAME - TYPES," TO PROVIDE FOR CLARIFICATION REGARDING REQUIRED MAIL AND COURTESY NOTIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/ZONING AND PLANNING FEES/SCHEDULE OF FEES," TO ALLOW THE FEE SCHEDULE TO BE ADOPTED BY RESOLUTION OF CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN 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") SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND ZONING MATTERS TO THE LANGUAGE FOUND CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE IV, TITLED "PLANNING AND ZONING" / "NOTICE GENERALLY"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 106 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 FL.4 ORDINANCE 16793 Off -Street Parking Board/Miami Parking Authority AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC," INCLUDING, BUT NOT LIMITED TO, SECTION 35-1, TITLED "DEFINITIONS," DEFINING CURB LOADING ZONES, FREIGHT OR COMMERCIAL CURB LOADING ZONE, PARKING ENFORCEMENT SPECIALIST, AND SMART LOADING ZONE, SECTION 35-4, TITLED "HITCHHIKING," REVISING THE LANGUAGE TO ACCOUNT FOR CURRENT DAY RIDE -HAILING SERVICES, SECTION 35-10, TITLED "PARKING FOR CERTAIN PURPOSES PROHIBITED," ADDING LANGUAGE CONCERNING LOADING ZONES AND ENFORCEMENT SPECIALISTS, ADDING SECTION 35-11, TITLED "IMMOBILIZATION/BOOTING OF MOTOR VEHICLES," REMOVING SECTION 35-163, TITLED "FAILURE TO APPEAR AND PAY FINE WITHIN PRESCRIBED TIME," AS THIS LANGUAGE IS CURRENTLY OBSOLETE, REMOVING SECTION 35-164, TITLED "PENALTY FOR VIOLATIONS OF DIVISION," AS THIS LANGUAGE IS CURRENTLY OBSOLETE, ADDING SECTION 35-165, TITLED "INVOICE AND CITATIONS BY MAIL," SECTION 35-191, TITLED "ON -STREET PARKING METERS, AND MONTHLY ON -STREET PERMIT PROGRAM," REVISING LANGUAGE CONCERNING LOADING ZONES, SECTION 35-192, TITLED "MUNICIPAL PARKING GARAGES," ADDING LANGUAGE CONCERNING THE PUBLIC HEALTH TRUST PARKING FACILITY, SECTION 35-193, TITLED "MUNICIPAL OFF-STREET PARKING LOTS," ADDING THE MARINE STADIUM SITE AND PROVIDING FOR THE ADDITION OF NEW PARKING LOTS VIA RESOLUTION OF THE BOARD OF THE DEPARTMENT OF OFF-STREET PARKING A/K/A THE MIAMI PARKING AUTHORITY ("MPA"), AND ARTICLE VIII, TITLED "PRIVATE PARKING LOTS," UPDATING THE LANGUAGE IN ACCORDANCE WITH CURRENT STATUTORY REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 107 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 NA.1 16857 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO MOVE FORWARD WITH ENFORCEMENT OF THE GRAFFITI AND OTHER VIOLATIONS LOCATED AT 320 SOUTHEAST 1 STREET, ALSO KNOWN AS 100 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA BY NOVEMBER 29, 2024, OR TAKE THE NECECSSARY ACTION TO BRING THE PROPERTY INTO COMPLIANCE THEREAFTER SHOULD THE PROPERTY OWNER FAIL TO DO SO. ENACTMENT NUMBER: R-24-0436 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Vice Chair Carollo: Now, Mr. Manager, we were recently at a DDA (Downtown Development Authority) meeting that 1 thank Commissioner Reyes for putting together, and he's a witness, just like Commissioner Pardo is, since he talks about the residents. Well, this is not the five or six residents that he's always talking about. This were [sic] dozens of residents that were complaining about this building, about wanting the city to do something about it. They were told at that meeting that, oh, it's going to be taken care of right away. Right away is here. It's been a year or more. This has got to be taken care of before our New Year's Eve celebration this year. This is why I am going to make a motion that if none other of the permits that these people supposedly are working on or have made mistakes on or whatever the case is, that you take that building down in a safe way, don't happen by the 29th of next month, Jrothis administration to do whatever it takes and it has to do to paint over all that graffiti, to paint over all that stuff that was painted in there, so that we don't have to have our residents be looking at a building that looks like this and wonder what kind of a city do we have here. So, my motion is to instruct the administration in a little over 30 days, by November 29, if they don't paint over that building, or if' they don't get whatever permits in the proper and safe fashion they have to get to tear that building down and take it down, that the administration is instructed by this commission to do whatever it has to do -- can you leave this one on here, please? -- to paint over that whole building. And we bill them for it and lien the place until we get paid by them. Commissioner Pardo: I'l1 second it. Commissioner Reyes: I'll move it. Vice Chair Carollo: Thank you. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 108 Printed on 12/3/2024 City Commission Meeting Minutes October 24, 2024 ADJOURNMENT Commissioner Reyes: Thank you. Chair King: This shall conclude the Commission meeting for October 24th, 2024. Thank you all. Thank you for always coming. Meeting adjourned. The meeting adjourned at 4:39 p.m. City of Miami Page 109 Printed on 12/3/2024