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HomeMy WebLinkAboutCC 2018-01-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Thursday, January 25, 2018 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 25, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes On the 25th of January 2018, 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 Chair Hardemon at 9:02 a.m., recessed at 10:56 am., reconvened at 2:05 p.m., recessed at 4:33 p.m., reconvened at 4:45 p.m., recessed at 7:13 p.m., reconvened at 7.31 p.m., and adjourned at 8:48 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:11 a.m., and Commissioner Carollo entered the Commission chambers at 9:26 a.m. Chair Hardemon: Welcome to the January 25, 2018 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and the Vice Chairman will lead us in the pledge of allegiance. All rise, please. Commissioner Gort: Good morning, all. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS 1) Vice Chair Russell and Elected Officials paused in their deliberations of governance to pay highest tribute to Fred Toyosaburo Korematsu, American Civil Rights Activist, who objected to the internment of Japanese Americans during World War Il. Mr. Korematsu was one of nearly 110,000 Japanese American and Japanese immigrants on the West Coast targeted by the U.S. military for transfer into concentration camps. One of the worst civil liberties violations in American history, it was authorized by President Franklin D. Roosevelt's Executive Order 9066 of February 19, 1942. Mr. Korematsu spent months in prison after his arrest. He was then tried and convicted by a federal court before being taken with his family to the Topaz concentration camp in Utah. Believing the discriminatory conviction violated Constitutional freedoms, Fred Korematsu appealed his case instead, challenged the orders and became a fugitive. Four decades later, Korematsu's conviction for evading internment was overturned by Judge Marilyn Hall Patel of the United States District Court for the Northern District of California. Judge Patel acknowledged in her decision that the case "stands as a caution that in times of distress the shield of military necessity and national security must not be used to protect governmental actions from close scrutiny and accountability. It stands as a caution that in times of international hostility and antagonisms our institutions, legislative, executive, and judicial, must be prepared to exercise their authority to protect all citizens from the petty fears and prejudices that are so easily aroused. " The United States has recognized the incredible courage of Fred Korematsu and his lifelong contribution to defending the civil liberties for which this great country stands. The Civil Liberties Act of 1988 was signed into law by President Ronald Reagan and recognized the grave injustice imposed upon United States residents and citizens of Japanese ancestry by the forced relocation and incarceration of civilians during World War Il. On January 15, 1998, Fred Korematsu was awarded the Presidential Medal of Freedom, the highest honor bestowed upon a civilian. Although Fred Korematsu passed away in 2005, various states and cities have chosen to commemorate his journey as a civil rights activist on his birthday, January 30th. Elected Officials celebrated and paid tribute to Fred Korematsu's lifelong pursuit of justice as an enduring symbol of every American's City of Miami Page I Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 right to liberty, due process, and equality without regard to race, ethnicity, or national origin therefore proclaiming in perpetuity that every January 30th be "Fred Korematsu Day" in the City ofMiami. Chair Hardemon: Are there any presentations or proclamations? You have one? Yes. Presentations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Oct 26, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Is there a motion to approve the Planning & Zoning meeting minutes from October 26? Vice Chair Russell: Moved. Chair Hardemon: Been properly moved; seconded by the Chair. Is there any discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETOES ORDER OF THE DAY City of Miami Page 2 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, 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 wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. 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 wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. 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. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce what items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Thankyou very much. Mr. Manager, you're recognized. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items: CA. 3, defer to February 8; RE.], withdraw; RE.2, has been withdrawn as well; DI.1, deferred to February 22; and DI.2, deferred to February 8. Chair Hardemon: Okay. Are there any other items that any Commissioners want to withdraw, defer, continue? Vice Chair Russell: Mr. Chairman. City of Miami Page 3 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: You're recognized. Vice Chair Russell: This is a courtesy, as it can't be done until 2p.m., but we do intend to ask for a deferral of PZ.5 and 6, which is the 3801 development on Biscayne Boulevard, but nothing for the regular agenda. Chair Hardemon: Okay. Is there a motion to defer and withdraw as noted earlier on the record? Commissioner Gort: Move it. Chair Hardemon: Its been -- Vice Chair Russell: Second. Chair Hardemon: -- properly moved, and seconded by the Vice Chairman. Is there any further discussion about that? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 4 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: At this time I'll open the floor for public comment. This is the opportunity for anyone from the public to speak for two minutes on -- what is on the morning agenda. So, if you're here from the public and you'd like to speak on any item that's on the morning agenda, please approach any of the two lecterns; state your name, first and last; you may state your address, and which item it is that you're hereto speak about. So once again, I'll open the public comment. Corey Ricketts: My first time doing this, so -- I'm here to speak about the opposition of the seismic air gun blasting and oil drilling. Is that --? Vice Chair Russell: RE. 6. Mr. Ricketts: Yeah, sorry. Just want to make sure that everybody's aware that we have less than 450 North Atlantic Right Whales on planet Earth right now, and this proposed area is directly through a migratory path of the remaining 450 whales that we have, and I want to make sure that the people are aware of that, in addition to the negative ecological aspects of drilling; that we're essentially signing a death warrant, an extinction -- guaranteeing the extinction of a new species of whale, and that hasn't happened in quite a while, so that's all I have to say. Chair Hardemon: Can you state your name for the record, please? Mr. Ricketts: Oh, yeah. Corey Ricketts. Chair Hardemon: Thank you very much, Mr. Ricketts. Mr. Ricketts: Yeah, sorry. Chair Hardemon: Welcome. Commissioner Gort: Thank you. Chair Hardemon: Is there anyone else who would like to speak? You're recognized, sir. Douglas Wartzok: Sure. Thank you. Good morning. I would like to make two points with respect to the restricting seismic exploration all through South Florida in the foreseeable future. One is the precautionary principle, which was part of the 1972 Marine Mammal Protection Act. It states that when there's uncertainty about the effects of human activity on living resources, we should provide a higher level of protection than the minimum required on the basis of current knowledge. This is a guiding principle of the U.S. Marine Mammal Commission. And during the 18 years I was a member of the Committee of Scientific Advisors, and part of that time chair, it was a principle that we employed. Two, we're continuing to acquire new knowledge about marine mammals and their responses to seismic, and so that should we at some time in the future need to introduce seismic, we'll have a lot more information, and we'll -- better able to figure out mitigation strategies. What we know from a number of studies is that for the animals that echolocate, we can track their echolocation and know when they feed on prey. For the animals that don't echolocate, we can use fish finders to determine the depth at which their prey is, and then follow their dive patterns. In both of those cases, what we find is that the animals will reduce their feeding in the presence of a disturbance, such as sonar, City of Miami Page 5 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 when it's within a reasonably short range of a few miles. We also know that the prey leave the area when there's sonar available, and we know that the animals increase their energy expenditure; they leave the area, the whales do, and they have reduced food resources. So this combination adds to the stresses they already suffer, and it adds to the stresses associated with pollution, with fisheries bycatch, with toxins, and other stresses. And this was a report in 2017 of the National Academy of Sciences that was on the -- assessing the cumulative impacts of stress on marine mammals, in which we made a strong point in favor of the precautionary principle, and I was a member of the committee that wrote that report. So, I think that the resolution is -- endorses the precautionary principle, and it's very much congruent with the U.S. legislation in the Marine Mammal Protection Act, and I urge your support of it. Thank you. Vice Chair Russell: Mr. Chairman. ChairHardemon: You're recognized. Vice Chair Russell: Just a question for you, sir, Mr. Wartzok Sure. Vice Chair Russell: Seismic air gun blasting, can you just very briefly, in layman's terms -- Mr. Wartzok Right. Vice Chair Russell: -- tell someone what that looks like? I understand the scientific research behind how it might damage an animal that echolocates, but how does it -- like what is -- is it -- what is a boat doing that's creating seismic air gun blasting, and how does it find oil? Mr. Wartzok: So the boats that are doing this have long streamers behind, which are a series of hydrophones that would stretch out for several kilometers behind the boat. A few hundred meters behind the boat is an -- what's called an "air gun, " so it has a very high compression of air in it, and it's released very quickly so that it produces an explosive force that is in the order of about 235 dB's (decibels), and this is about as maximum force as you can have without actually disrupting the molecular structure of the water, so that if you tried to put more energy in, you would just be wasting it, because it would be turning into -- breaking the bonds in the water molecules, so that what is happening here is that -- and, of course, the oil companies that are -- the exploration companies are only interested in the sound that goes down; and so, they've done a lot of work to try and maximize the amount of sound that will go into the seabed, and then that four kilometers of hydrophones behind listen to the echoes that come back up, and can then determine where it is. But what we do know is that even though a lot of it goes into the seabed, a lot of it is spread out into the ocean, in general, and this -- There was a report in 2016 that, using the Comprehensive Nuclear -Test -Ban Treaty -- underwater listening devices -- was able to identify that seismic is the strongest human sound component in the South Atlantic. Vice Chair Russell: Thank you very much. Chair Hardemon: Thankyou very much, sir. Ma'am, you're recognized. Kelly Cox: Good morning, Commissioners. My name is Kelly Cox. My address is 2103 Coral Way, Miami, Florida. Thankyou for the opportunity to speak today. I'm the program director and staff attorney at Miami Waterkeeper. We're a non-profit City of Miami Page 6 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 here in Miami that's dedicated to protecting and preserving our watershed, as well as to providing swimmable, drinkable, fishable water for all. Today I'm here to speak in favor of Commissioner Ken Russell's resolution opposing offshore drilling and seismic air gun blasting. Florida's waters are one of our State's greatest treasures and assets, both environmentally and economically. We are concerned that the current draft five-year Outer Continental Shelf Oil and Gas Leasing Program threatens our marine resources and disregards Florida's Coast. As you all know, the Florida Reef Tract is already very vulnerable, and we simply can't add additional stressors to this really critical marine environment. I'm sure you all remember the BP oil spill of 2010; it was not so long ago, and the communities on the West Coast of Florida suffered greatly from this spill, both their economy and their environment. They are still actually suffering to this day. There are lasting impacts to marine ecosystems, wildlife and the economy that the West Coast of Florida and other Gulf states are still experiencing, all due to offshore drilling. Similarly, seismic blasting causes a great deal of problems for our marine life, as was just mentioned. These air guns that are used to locate oil and gas reserves below the ocean floor shoot compressed air through the water, which results in these massive sounds. They disorient wildlife. They actually sometimes injure or even kill marine animals, which can cause major disruptions to our commercially viable fish stocks, upon which this community and Miami rely so heavily. So today, in short, I just want to encourage you to vote in favor of this resolution. We need to really ensure that Florida is off the table for offshore drilling and seismic blasting. Its something that our environment nor our economy can really support at this point. And we encourage you to remain leaders on this issue for South Florida and to encourage future leadership on this issue. Thank you so much for the opportunity to speak. Chair Hardemon: Thank you very much. Sir. Brett Bibeau: Good morning, Honorable Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street, here to distribute a letter into the record and read a portion of the letter into the record. During a public meeting held on October 2, 2017, the Miami River Commission considered this application to amend zoning and land use. This is for items PZ.23 and 24. The River Commission, by a vote of 9-1, recommended approval of the proposed development at 1515, 1529, and 1543 Northwest South River Drive, with four conditions, as stated in the distributed letter. Since that time, the applicant recently provided the attached revised voluntary covenant, which positively addresses the overwhelming majority of the Miami River Commission's recommended conditions on their recommendation of approval. Your time and continued strong support for the Miami River District are appreciated. Thank you, gentlemen. Chair Hardemon: Thankyou very much. Ma'am, you're recognized. Salome Garcia: Hi. My name is Salome Garcia. I'm here to speak on behalf of Commissioner Ken Russell's sponsoring the resolution against offshore drilling and seismic air gun blasting, and I want to say a short story. I moved here to Miami when I was six years old, from Bogota, Colombia. I now don't really remember why I moved here, but I do remember on the weeks leading up to my family moving to Miami from Bogotd, there was a contest on TV (television). It was absolutely national. It went everywhere. It was one of those contests where you have to buy a drink, and then on the bottom of the cap, you -- there's a code. And the number -one first prize was everybody's dream. It was to go see a live Shakira concert in the most beautiful city in the world, an all -expenses -paid trip to Miami, Florida. None of my friends believed me that I was moving to Miami. And when I finally got here, I remember the moment I fell in love with Miami. It was getting off at Miami City of Miami Page 7 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 International Airport and seeing these really, really tall palm trees. Now, just so you know, the tallest palm trees in the world are located in Colombia, and I still had never seen a most -- a more beautiful palm tree than leaving the airport. Miami is internationally renowned for a lot of things. We have a diversity in culture. We have a diversity in our population. But one of the best things about Miami is the biodiversity of our ecosystems, which we so drastically depend on. On January 4, 2018, for the first time in history, the Department of Interior opened up the Straits of Florida to offshore drilling and seismic oil exploration. The Straits of Florida; that is the coast of Miami, of Broward, of the Florida Keys; a large part of that being national marine sanctuaries; a large part of that being national parks that we so heavily depend on. As we have heard mentioned before, seismic air gun blasting alone is already a huge detriment to the beautiful biodiversity, which we so heavily depend It is one of the loudest human -made noises in the ocean. Its extremely loud and disruptive. And this happens every 10 to 12 seconds for weeks or months or years. I wish I had a bullhorn right now so that I could show you what a whale or what a dolphin may hear as they are just passively passing through their ecosystem. We have 60 days from January 4 -- so now less than 50 days -- to submit public comments to the Department of Interior to show that Miami is a leader; not only in South Florida, but Miami is a leader and must be a leader at the State level, at the national level, and at the international level. We cannot face having only -- even only seismic oil exploration off of our coast. We depend on our biodiversity. We depend on the quality of our water. And we depend on our animals for our eco --for -- our economic stability for our cultural growth, and for what it means to live in Miami. Chair Hardemon: Thank you very much. Ms. Garcia: Thank you. Chair Hardemon: Sir, you're recognized. Stephen Mahoney: Good morning. I'm Steve Mahoney. I live at 444 Northeast 102 Street, Miami Shores; and I represent Sierra Club, Miami group, where I am the conservation chair. I'm concerned about the resolution. And we support the resolution opposing offshore drilling and seismic air gun blasting. In Miami -Dade County, the healthy oceans provide some 59, 000 jobs and over 200 million in annual GDP (gross domestic product), mainly through tourism; for example, cruise liners, for example, and beaches and fishing, diving, snorkeling; you name it, and other forms of recreation. The Interior Secretary, Ryan Zinke, said he took Florida off the table, but at a congressional hearing last week, Walter Cruickshank, acting director of BOEM (Bureau of Ocean Energy Management), which oversees offshore drilling, openly admitted that Florida is still included in the draft National Outer Continental Shelf Oil and Gas Leasing Program, despite Secretary Zinke's tweet, "Florida's Coastline will not be saved until Trump Administration fully reverses course on this rash and ill-informed proposal. " The Administration has also left the door open to seismic testing around Florida. Why would the Interior Department conduct seismic tests for oil and gas if drilling is truly off the table? The bottom line is we must remain vigilant here, despite Zinke's words, "Florida remains on the draft oil and gas plan, and it is unclear when or how that will change. " To permanently ban oil and gas exploration, drilling off the coast of Florida, action is needed at both State and Federal levels. Thank you, sir. Chair Hardemon: Thank you. Mellicent Bowebank: Good morning. Vice Chair Russell: Good morning. City of Miami Page 8 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Bowebank: Thanks, City Commission. My name is Mellicent Bowebank. I am a registered nurse and a member of the NNU, National Nurses United. I'm here today in support of the Resolution 6, in opposition of offshore drilling and seismic air gun blasting, sponsored by Commissioner Russell. Thank you, Commissioner Russell, for introducing this resolution. As a nurse, I often take care of patients that suffer adverse health effects, which are impacted by social, systemic failures. And I work tirelessly to help them heal by providing safe and effective patient care. Many of these failures include a broken healthcare system, poverty, and a general lack of access to social safety nets that seem now, ironically, favors corporations. Lawmakers are disregarding science and public health by pushing to deregulate environmental protections. I am concerned about the health impact offshore drilling will pose to our community. The waters that surround South Florida, were the hottest on record this summer and out of anywhere in the world. Offshore drilling may increase water temperatures further and intensely -- and intensify flooding, increasing the likelihood of water -borne diseases. Exposure to oil spills caused by offshore drilling may also leave our community susceptible to physical injury and acute toxicity symptoms to respiratory, ocular, and neurological systems. Children are especially vulnerable. As a community, we must work together to protect our water and our health. Thank you. Chair Hardemon: Thank you very much. Gary Ressler: Good morning, Mr. Chair and Mr. Vice Chair, Commissioners. My name is Gary Ressler, Alfred I. DuPont Building, 169 East Flagler Street. I'm here today as a board member of the Downtown Development Authority, as the chairman of its Quality of Life Committee, and as the president of the Downtown Miami Partnership and chairman of its Quality of Life Committee as well. The Downtown Miami Partnership has also instituted a program to explore a business improvement district, which mirrors the boundaries of that of the Flagler's District, itemized in today's Chapter 4 Alcohol Establishment Ordinance, which we are here in support of. Despite Flagler Street's stalled reconstruction and the work that property owners have put into downtown Miami, we continue to invest in this Cafe District, the concept of which includes alcohol establishments. And we ask for your support and your vote in support of Chapter 4 today. Thank you. Chair Hardemon: Thank you very much. Melissa Tapanes-Llahues: Good morning, Chairman, Commissioners. Melissa Tapanes-Llahues, with the law firm of Bercow Radell Fernandez & Larkin, at 200 South Biscayne Boulevard, Miami. I'm here respectfully requesting your approval of SR.1, as drafted, consistent with the Downtown Development Authority's recommendation, and consistent with the unanimous approval by the Planning, Zoning Appeals Board on November 1, following a public hearing specifically to address the issue of not requiring warrants in the Flagler Specialty District. I'm here to answer any questions that you may have, but I think the obvious question is, why do all these stakeholders and the PZAB (Planning, Zoning & Appeals Board) favor a Hagler Specialty District without warrants? And that is because today, this area does not require any warrants or caps within the Central Business District; it simply has a spacing requirement, which the establishment of the Specialty District is proposing to eliminate. Today's Code requires and has many exceptions upon exceptions that create conflicts applying the Code to the Central Business District, including not requiring spacing for buildings of over 300 dwelling units, buildings of over 60,000 square feet, hotels, significant historic resources within the area. All those things make it very difficult to apply the Code on these sites. We respectfully request your approval. We believe that the current Code amendment provides the necessary belt and suspenders for the City to enforce its Code by providing a City of Miami Page 9 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Certificate of Use revocation process, by requiring exceptions for all alcohol beverage establishments over 5, 000 square feet, which would require approval at public hearing; that does not exist today. It also require warrants for all outdoor uses, including rooftop lounges and sidewalk cafes. And, again, thank you. I'm available for any questions that you may have. Chair Hardemon: Thank you very much. Catherine Guinovart: So, hi. My name is Cathy Guinovart. I'm here as a constituent. I live here in Miami, Florida. I actually grew up in the Keys, though, and I have really -- I've really understood the impacts of what could happen with offshore drilling. My dad is a commercial spear fisherman. And I remember, after hurricane -- I mean -- I'm sorry -- after the BP oil spill, I remember everything being at a standstill, and it's not the same. Its still not the same. And a perfect example of the impacts of oil drilling is -- you know, let's go -- let's say that we all go on a boat, one of these boats out here, and we dive at -- here in Biscayne National Park. You don't see corral in Biscayne National Park; at least, not as much as you used to, and in -- that is caused by offshore drilling. That's caused by climate change. Climate change is caused by fossil fuels, which are emitted because of offshore drilling. And so, it's really important for us to not forget that connection, and really just -- We need to do everything we can to protect the health of our oceans, especially now. Our oceans are already facing enough. And could you imagine coming out here and seeing what they saw in Louisiana; the dolphins covered in oil, the birds covered in oil? That can happen; maybe not right now, but in the future. If we don't pass this resolution, that could lead to something like that. So that's all I have to say. Thank you. Chair Hardemon: Thank you very much. Elena Bondarenko: Hello. Elena Bondarenko, with Miami Downtown Development Authority, with offices at 200 South Biscayne Boulevard, Suite 2929. I'm here in support of Chapter 4 amendment. We have been working on this for quite a while. Our board entered a resolution supporting this amendment back in June, and I entered it in the record for everyone. We have been supporting no caps and no warrant requirement, as proposed in the current resolution, and we hope it will pass without further delays. Thankyou. Chair Hardemon: Thank you very much. You're recognized, sir -- or ma'am, you're recognized. Katrina Abel: Hello. Good morning. My name is Katrina Abel. I am an aspiring marine biologist at Florida International University, and I'm here to oppose the offshore drilling and the seismic blasts. Our environment is going to be seriously affected. I'm worried about the immediate and long-term effects that that's going to have. We have scientific proof, we have facts that have already been presented of what can happen with offshore drilling, whether it's a spill, whether it's just a construction. You know, with the construction and all the sediment buildups, they can choke our corrals. Our corrals are very valuable and important to us, especially here in Florida; not just for our tourisms and all the money that that brings, but environmentally. Corrals help with erosion, help with storm surge; help protect us against all the storms and hurricanes that we face. They are homes to hundreds and hundreds of species; not just that live there, but also depend on them for food, just like us. And doing something like this can have a big effect. Remember that we are - - we live in a blue bubble. We are all connected. Something happens here, it's going to affect somewhere else. Just how the BP oil spill that affected on the West Coast affected down here in the Keys. Something happens here, it's going to affect all of Florida; not just South Florida, not just our country. It can affect everywhere. City of Miami Page 10 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 It's -- these kinds of things are important for its to remember that we are all connected, and it can all affect its. Ian Bacheikov: Good morning, Commission. My name is Ian Bacheikov, with Akerman Law Office, at 98 Southeast 7th Street, here on behalf of Miami Design District Associates, Dacra, and I want to speak about FR. 3, related to the Chapter 35 amendments. Specifically, my client has concerns with some of the cleanup language put into Section 220 and would actually prefer -- because this language makes it more confusing to revert back to the old language of this amendment; and so, we'd just wish to mention that concern and hope that it can be addressed. Thank you. Vice Chair Russell: Thank you. Chair Hardemon: Thank you very much. Sir. Chris Zangrilli: Good morning. My name is Chris Zangrilli. I'm hereon behalf of the Downtown Little Haiti Stakeholders, and I'd like to go on record saying that the organization of the stakeholders is in full support of the Chapter 4 amendments, and we look forward to it being passed as is. Thank you very much. Chair Hardemon: Thank you very much. Seeing no other persons here for public comment, I'm going to close the public comment section at this time. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda." City of Miami Page I1 Printed on 03/05/2018 RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION 3382 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT Department of NOT TO EXCEED ONE HUNDRED SEVENTY SIX THOUSAND Police NINE HUNDRED EIGHT DOLLARS AND EIGHTY TWO CENTS ($176,908.82) FOR A ONE (1) YEAR PERIOD TO THE MIAMI- DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0027 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda." City of Miami Page I1 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 CA.2 RESOLUTION 3400 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED Department of "2017-2018 U.S. MARSHALS SERVICE;" AUTHORIZING THE CITY Police MANAGER TO ACCEPT REIMBURSEMENTS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR OVERTIME EXPENSES INCURRED BY MEMBERS OF THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT - FELONY APPREHENSION TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS SERVICE ("U.S. MARSHALS") PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. MARSHALS AND THE CITY; AUTHORIZING THE CHIEF OF POLICE, OR HIS DESIGNEE, TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACCEPTANCE OF REIMBURSEMENT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0028 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item C4.2, please see "End of Consent Agenda." City ofMiarni Page 12 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 CA.3 RESOLUTION - Item Pulled from Consent 3420 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Estate and Asset EXECUTE A LEASE AGREEMENT ("LEASE") IN A FORM Management ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY OF MIAMI ("CITY") AND 33 DOWNTOWN, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY ("LESSOR"), FOR THE USE OF APPROXIMATELY TWELVE THOUSAND FIVE HUNDRED SIX (12,506) SQUARE FEET OF OFFICE SPACE IN THE BUILDING LOCATED AT 33 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR THE CITY'S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ("CED"), WITH A MONTHLY RENTAL FEE OF TWENTY THOUSAND EIGHT HUNDRED FORTY THREE DOLLARS ($20,843.00) WITH ADDITIONAL OPERATING EXPENSES AND INCREASES OF THREE PERCENT (3%) PER YEAR FOR AN INITIAL FIVE (5) YEAR TERM WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARKING AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE CITY'S DEPARTMENT OF OFF-STREET PARKING, ALSO KNOWN AS THE MIAMI PARKING AUTHORITY ("MPA"), FOR THE USE OF UP TO FORTY (40) PARKING SPACES IN MPA LOT NO. 33 LOCATED AT 155 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR THE CED'S PARKING RELATED NEEDS, ON A MONTH-TO-MONTH BASIS, WITH A MONTHLY RENTAL FEE OF FORTY DOLLARS ($40.00) PER SPACE WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item CA.3 was deferred to the February 8, 2018, Regular Commission Meeting. Notefor the Record: For minutes referencing Item CA.3, please see "Order of'the Day" and "End of Consent Agenda." City ofMian ni Page 13 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 CAA RESOLUTION 3433 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Planning ACCEPT GRANT FUNDS FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) FOR STATION AREA TRANSIT ORIENTED DEVELOPMENT TYPOLOGIES, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0029 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: I'd like to bring our -- Well, I want the Commissioners to be aware that CA.3 was deferred, RE.1 was withdrawn, and RE.2 was withdrawn. And so, what I'd like to do is ask for a motion to approve the rest of the CA (Consent Agenda) agenda and the rest of the RE (Resolution) agenda. Take your time to take a look at it. And, of course, we'll have discussion on any item that is a part of this motion. Commissioner Gort: There's a motion for the consent agenda? Chair Hardemon: And the RE. Vice Chair Russell: Mr. Chairman, I'd like to co-sponsor RE.7 with you. Chair Hardemon: Okay, it's no problem. Vice Chair Russell: And -- Victoria Mendez (City Attorney): And, Commissioner, I would --for RE.8, I would -- I need to make a slight amendment. Chair Hardemon: Okay. Can you state it on the record? Ms. Mendez: Yes. The amount would be up to 12 million, and it's a class action, so those two things. Thankyou. Chair Hardemon: Okay. For RE. 7, I also wanted to -- Vice Chair Russell: (UNINTELLIGIBLE) comment. Chair Hardemon: -- have co-sponsorship by the entire City Commission. Is there -- you had another one? Vice Chair Russell: No. City of Miami Page 14 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Before we move into comments, I want to be clear what the motion is. The motion has been moved, and seconded by the Chair to include the amendments that the City Attorney placed on the record, but it is to approve the CA agenda, CA. 1, 2, and 4; and then also the RE agenda, which will be 3, 4, 5, 6, 7, and 8; and right now, open up for discussion on any of those items. You're recognized, Commissioner Reyes. Can you--? Commissioner Reyes: I would like to co-sponsor RE.4 and RE.5. Chair Hardemon: Thank you. Commissioner Reyes: And also -- I would -- I mean, whenever you open -- we're going to be open to discussion the other REs; RE. 7, for example? Chair Hardemon: We're open for discussion right now. You're recognized, if you'd like. Vice Chairman. Vice Chair Russell: Thank you. RE. 6, I want to thank the public and the advocacy groups that came out to speak today. Despite what you hear in the news or on the Twitter feed, we need to watch the legislation. And what happens with regard to seismic air gun blasting and oil exploration off our Coast is very important. The Department of the Interior has a process, and there's a 60 -day comment period going on right now; after which, a final draft; we'll have another 90 days. So the public can comment on whether they agree or disagree, and the Department can take that under consideration. This resolution is our comment, on behalf of the City of Miami and the half -million residents that live here. What you'll notice, my resolution does not just say, "Not in my backyard. " I believe, and I believe this City believes that we should be looking forward to the new ideas of energy exploration that do not include looking backwards to the old methods that damage our environment. This is very important. I Thank you very much for your support on this issue from the community, and I ask for the Commission's positive vote on this issue. Commissioner Gort: Mr. Chairman. Chair Hardemon: you're recognized. Commissioner Gort: I have a question. The -- I seen all these people with the blue shirt, "Ocean. " Yeah, I -- Is this a committee or group? Solome Garcia: So "Oceania, " we are -- Chair Hardemon: If -- can you step to the microphone and, once again, announce yourself for the record? Ms. Garcia: Hi. My name is Solome Garcia. I'm the South Florida organizer for Oceania, and we are a non-profit organization that focuses on ocean conservation. Commissioner Gort: Well, I want to congratulate you all; did a great presentation. Ms. Garcia: Thank you. Commissioner Gort: All of you. Chair Hardemon: Any other discussion? City of Miami Page 15 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Yes. I'm sorry. Go ahead Chair Hardemon: Commissioner Reyes? Commissioner Carollo? Commissioner Reyes: Carollo. Commissioner Carollo: I would send immediately by email copies of these two resolutions to Mayor Suarez that's in the U.S. Congress ofMayors, and I believe he was meeting one of three mayors that was meeting with President Trump or has met with him, but I think he could deliver these two resolutions personally in his meeting. So if we could do that, Mr. Manager? Emilio T. Gonzalez: Thank you, Chair. Yes, sir. Commissioner Carollo: Okay. Commissioner Gort: Let me add another suggestion. This should be sent to the Miami -Dade County League of City [sic] and the State of Florida League of City [sic] also -- Commissioner Carollo: Okay. Commissioner Gort: -- so we can have the backing of all the other cities. Mr. Gonzalez: All right. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I have a comment on Resolution RE 7. It says, A resolution of the Miami City Commission condemning President Donald J. Trump's statement regarding immigrants from Haiti and other countries. " At this stage, the way that it's worded, I cannot support this resolution, and I'm going to tell you why. Because, as of today, it hasn't been irrefutable proven that Donald Trump -- or President Trump made those statements. It's a "he said/she said. " I would like -- I mean -- and whoever makes a comment like that, be it Trump or be anybody else, should be condemned. What I would like, if I can, make a little change -- an amendment that said that "condemning any" -- I mean, "any comment" -- "derogatory comment about any country or population should be condemned, " and send this -- that word -- I mean, that resolution to President Trump and all elected officials, you see. Because what we're doing here, we are accepting as a fact that this happened. Most of the people there said they didn't hear anything. There is a person that said that he heard, you see. And I don't like to take action against something that it has reasonable doubt, you see. We're condemning the President for saying something that there is no irrefutable proof that it was said, you see. But whoever makes a derogatory statement against anybody should be condemned, be the President or be anybody else. And I think that we should make them know -- let them know that we oppose any derogatory comments, and that we will condemn whoever they are. Vice Chair Russell: Mr. Chair. Commissioner Reyes: That is my position, sir. Chair Hardemon: The -- be sure that the record reflect to remove Commissioner Reyes from the sponsor of that until we work out what we're about to say. Mr. Vice Chairman, you're recognized. City of Miami Page 16 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Thank you. Commissioner Reyes, I, of course, respect your opinion. I -- your comment, actually, is included in the third "whereas" of the resolution. It says, "Whereas the Miami City Commission specifically condemns any and all racially, culturally, or national origin insensitive statements made by anyone, including the President of the United States. " The statements that -- Commissioner Reyes: Wait a minute, sir. Including the President, the Pope, anybody, but you are specifically naming President Trump, when there is still some debate if the statements were made or not. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. And if I could finish? It does go on in Section 2 to, yes, condemn the specific statements of the President. If there's any doubt as to what was said behind closed doors in one specific situation, I believe it could be pointed to many other instances on TV (television) and in social media, stated by the President that could apply also to this resolution, so I do stand by it. Commissioner Carollo: Commissioner, maybe the way that you could get a unanimous vote on this is by using -- or adding, should I say, one minor word: "alleged" statements. Chair Hardemon: The -- Commissioner Carollo: That could be the only area that I think, from what I'm hearing, would get you a unanimous vote on this resolution. If he made them, we're putting our position down. Chair Hardemon: Will the mover and seconder accept it as a friendly amendment? Vice Chair Russell: I prefer to leave it as is and -- with no offense, because the statements said behind closed doors could be considered alleged, but as I've said, I have heard with my own ears and read with my own eyes many statements that I feel this resolution could easily apply to as currently worded, and that is not alleged. I would rather see it go forward with the strength of the statement that it has. Commissioner Carollo: Commissioner Reyes, would you like to make a substitute motion with the word "allege"? I'll second it ifyou do. Commissioner Reyes: I accept it, "alleged. " Commissioner Carollo: On this item. I guess we have to take it out from the CA agenda. Chair Hardemon: No. What -- no. I mean -- so, basically -- and I'll just explain it for the body. The mover and the seconder can accept a friendly amendment to any legislation that's on the dais. What we would deem to be more of a hostile amendment, if we would read correctly, would be a motion and a second to amend the legislation, which the body has every right to do. There is a second, so we can consider that motion. We don't have to pull it to consider that motion to amend one of the items. So we've heard the discussion about what it is, so now that there's been a motion, there's been a second, what I'd like to do is just carry that to a vote so we won't take time away from what's actually on the table. Commissioner Carollo: You're correct. City of Miami Page 17 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: So, all in favor of the motion and the second -- so all in favor of the motion -- Commissioner Carollo: The substitute motion. Chair Hardemon: -- to amend RE. 7 by adding the term "alleged" -- Commissioner Reyes: That's it. Chair Hardemon: -- indicate so by saying, "aye. " Commissioner Carollo: Aye. Chair Hardemon: All against, say "nay. " Vice Chair Russell: Nay. Chair Hardemon: Nay. Commissioner Carollo: I heard 2-2. Chair Hardemon: No, it was actually 3-2, so that motion will pass, because -- Commissioner Carollo: Did you say anything, Commissioner Gort? Commissioner Gort: Yes. Chair Hardemon: You said -- Commissioner Carollo: Okay. Chair Hardemon: You voted in the affirmative? Commissioner Gort: Yes. Vice Chair Russell: You would like (UNINTELLIGIBLE) -- Commissioner Carollo: (UNINTELLIGIBLE) or not? Commissioner Reyes: "Alleged"? Commissioner Gort: Yes, "alleged. " Commissioner Reyes: Yes. Chair Hardemon: So the motion passes; so, therefore, the main motion, which is the passing of all of the items -- Commissioner Carollo: Okay. Chair Hardemon: -- is amended in regard to RE. 7 to make it "alleged. " Commissioner Reyes: Okay. Chair Hardemon: To include the word -- term, "alleged." So now we're back to considering the main motion, which is the approval of the CA and the RE agenda. City of Miami Page 18 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 And I'd like to say a few things, if I may. I certainly was with the Chairman -- with the Vice Chairman in support of the language as it is. And part of the reason I was in support of -- with the language as it is is simply because, as the Vice Chairman put, the statements that are made in the public are not alleged; they're facts that we can document the text or direct messages from our President. I presume he's the one that's sending the tweets. I don't know if he's ever confirmed that, but we believe it to be true, but I understand the diplomatic position that Commissioner Carollo put and Commissioner Reyes supported, because we would like to have a unanimous vote on something like this. Commissioner Reyes: Absolutely. Chair Hardemon: And -- but the issue was just that Commissioner Reyes may be thinking about the terms that he stated that were behind closed doors; whereas the Vice Chairman -- and, quite frankly, myself -- are talking about anything that he says about -- out of his mouth regarding those of us who are from any sort of diaspora or visiting from any foreign place and residing in this country. So -- Commissioner Carollo: If -- Chair Hardemon: -- you know, we're kind of torn between those two things. Commissioner Carollo: -- I may ask the maker of the motion, then -- the motion, as he has it -- if he could include something else in it that says, "Statements regarding immigrants from Haiti and other countries, " since -- Chair Hardemon: But we've already done that. We've already sent a message about that regarding -- Commissioner Carollo: Well, what I'd like to include in there -- Commissioner Reyes: That's right. Commissioner Carollo: -- is "Haiti, El Salvador, and other countries, " since, supposedly, the statements were made were directed to Haiti and El Salvador. Chair Hardemon: Does the mover and seconder -- Commissioner Carollo: So -- Chair Hardemon: -- accept that as a friendly amendment? Commissioner Carollo: -- it would actually be even more correct -- Commissioner Reyes: Mr. Chairman? Commissioner Carollo: --from whatyou've expressed here. Commissioner Reyes: Mr. Chairman, the alleged comments were made not only to Haiti and Salvador and other African countries. Commissioner Carollo: Yeah, that's true. Chair Hardemon: But, see, that's my point. The point that I'm putting -- Commissioner Reyes: But they're alleged. City of Miami Page 19 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: -- to you is that you're focused particularly on one set of statements, and I believe the Vice Chairman has said that, generally, the things that are said from our President of the United States regarding those who are immigrants is deplorable. I mean, that's the only way to put it. Commissioner Carollo: We're agreeing that, that if anybody makes these statements. Commissioner Reyes: We know that. Yes, it was made. Commissioner Carollo: But what I'm trying to do is that, look, if we're going to include the specific name of one country, we should name the countries that supposedly were mentioned in this resolution. Chair Hardemon: Does the mover and the seconder accept that friendly amendment? Vice Chair Russell: I don't know that we have enough paper to include an amendment, listing all the countries that may have been offended by the various statements that our President's made, and I don't mean disrespect from that. Commissioner Carollo: It was two in particularly [sic]. Vice Chair Russell: And if what we're trying to do is just gain consensus on a resolution, I understand that, but it should have the strength that we are representing the residents that we feel would have been offended by these statements; that we speakfor the immigrants within our community and those of ethnic backgrounds who do feel that the President's many comments over his last year and during his run for office, that they were offended by that and those many things. If this resolution is just about the one statement that was said in the Oval Office, then I would agree to adding, if you'd like, "alleged" -- we've already done that -- and adding the countries that were referenced in there. That makes this a very specific resolution toward that incident, and then we have a consensus on that. But if adding the word "alleged" refers to every statement that the President has ever made that may have offended people from Mexico, people from -- you name it; I'm not even going to start the list -- then you would lose consensus from me, because I do not believe the statements have been alleged; I've seen and heard them myself. So I think, if we keep it narrow to the issues stated within the Oval Office, I think we can respect what Commissioners [sic] Reyes and Commissioner Carollo are trying to protect within the language, and I understand that. I would accept that. Commissioner Carollo: I thought we had passed already the "alleged" -- Commissioner Gort: We already passed that. Vice Chair Russell: Yes. Commissioner Carollo: --word. Vice Chair Russell: The "alleged. " You're asking for the list of countries mentioned in that. Commissioner Carollo: Well, I'm even going more specific. Look, the two biggest communities that we have in Miami that were mentioned are certainly Haitians and El Salvadorians. So I do have a problem that, if you're going to mention one country that should be mentioned, why not the other country? So you have my vote City of Miami Page 20 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 there if you're going to mention both those countries. I don't see what the big deal is. Chair Hardemon: So does the mover and seconder accept -- Commissioner Carollo: Unless maybe you don't feel that they vote, so they shouldn't be included. Chair Hardemon: No, no, no, no. So does the mover and seconder accept the friendly amendments of adding the countries that he's offended? Vice Chair Russell: And that list is? Because I believe -- Commissioner Carollo: I'll accept (UNINTELLIGIBLE). Vice Chair Russell: -- it's also African nations as well. Commissioner Carollo: Haitian and El Salvador. Vice Chair Russell: And Afri -- Chair Hardemon: African nations. Vice Chair Russell: -- African nations. Commissioner Reyes: And African nations. Commissioner Carollo: And you could include in any other countries. Commissioner Reyes: Any other country. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: I would accept that amendment, but it's -- you're the -- Chair Hardemon: Yeah. Vice Chair Russell: -- original sponsor, so I would defer -- Chair Hardemon: So this resolution is much different than what I anticipated it would be. It now is a response to a very specific set of events; that we have representatives that refuse to answer questions about it; cowardly, I might add. And so, secondly, this was about statements. We have to look at the fact that the President of the United States -- no matter who he or she may be -- is -- or should be the example of statesmanship for all elected officials throughout the Unites States of America and, really, throughout the world. And what I found to be is that the smallest form of government in the United States ofAmerica has probably been more statesman-like than our President, and this is not him being -- this is not about him being rich or poor, Republican or Democratic, well-dressed or disheveled, male or female, or, you know, kind or mean. This is just a perfect fact, and that's what this resolution really was about. It's just -- it's cleaning up the language that our President uses when he addresses the people that he represents. And so, that's what this started as. Commissioner Carollo: It still could be that, Mr. Chairman. City of Miami Page 21 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: No, and we've accepted the friendly amendments. I just want to put my comments on the record regarding it. Commissioner Carollo: Okay. Chair Hardemon: And then the second thing would be -- although the title of it did list some nations, so I'm happy to hear that you added other things into it. The second thing that I wanted to make a comment about is the voluntary register for family or household members with a mental or developmental disability. In country -- I mean, in cities throughout the United States, we found that police officers have met those with mental disabilities in their homes many times; and it's ended, in many times, with great bodily harm or sometimes death, and that's not something that we want. We don't want families pleading to our cities and to our police departments that, "Don't hurt him; he doesn't understand what's happening. He has a mental disability, " and he ends up being harmed. That's -- many times our families call police in the effort to get some assistance in calming someone down. They don't want a situation to get worse, and they think of police, which have a very difficult job to do as people who are peacemakers and who could make situations better, but many times -- or sometimes officers can mistake the actions of someone as a threatening conduct that is worthy of great force in return. So what this would do, this would --and I'm asking the City Administration to do what it can. I don't know if it's procure services or if it's even to create a program for themselves -- that officers, when they approach these households, they know that the person that they're approaching is someone who has -- or the person who lives in the house could have some mental disabilities, could have some issues with behavior, and so that they are aware that when they approach that person -- doesn't take away the fact that the -- if the person is acting aggressively towards them and they could cause harm to the officer that they can't react in a way that is deemed appropriate, but that they approach it knowing that this person could have some sort of disorder. This is not something that is mandatory on behalf of households; it's voluntary. So, if you are a member of a household and you fear that the police could react in a certain type of way towards someone who's in your household and you register, now you have just that extra level of knowledge that the officer is approaching a situation knowing the circumstance that he's in, and hopefully, that type of knowledge leads to better interaction between the police and the individual that's being met by the police. Vice Chairman. Vice Chair Russell: Mr. Chairman, Thank you. A question for the City Attorney and the City Manager, please, and I raised this during my briefing. Will this registry become a public record, even though it's voluntary? There may be concerns of confidentiality, which could affect somebody's hire -ability, for example, if this list were made public. Is it possible to make this list very accessible to our first responders; yet, still keep it confidential? Commissioner Carollo: No. Ms. Mendez: So we've been looking into best practices for other cities, and some of these items are kept confidential, pursuant to public records requests in some places, so we will really comply with the law with regard to anything having to do with HIPPA (Health Insurance Portability and Accountability Act) issues or public records exemptions; and if not, have any waiver provisions and be able to address either -- Chair Hardemon: And Madam City Attorney, one thing you can also do, you can -- instead of registering a person, you can possibly register a household, so, therefore, you know, you're not singling out any single person that's living in the household, but this household has someone who lives there that has some sort of a disability. City of Miami Page 22 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Mendez: That is a good idea. I -- let me just look at the legislation to make sure that if we have to change it to the word, "household. " Chair Hardemon: Vice Chairman. Commissioner Carollo: Mr. Chairman, that would be the only way that I would recommend, then, that we do it, because Commissioner Russell brought something I think very important. There's no way that I could see how we could get by the Florida Sunshine Law, and that would not become a public record. Chair Hardemon: But it's also voluntary so this is not -- Commissioner Carollo: You're right. Chair Hardemon: -- something that people will have to do. Commissioner Carollo: Still -- but they won't know if it's public record, until we -- Vice Chair Russell: And you want people to use it. Commissioner Carollo: -- inform them. Chair Hardemon: Yeah. Vice Chair Russell: And not only hire -ability; this could affect people's legal cases, if it can be shown that somebody has a mental instability. Commissioner Carollo: Exactly, yeah. Vice Chair Russell: Mr. Manager, what is the practice with -- that other cities have used that we could adopt in which a call comes in -- a 911 call comes in, officers are dispatched. How does this registry play in that they're en route to a house that they will be notified? Is that readily available within our dispatcher's list and they cross- reference it, or is it automatic? Rodolfo Manes: Rodolfo Manes, Chief of Police. Can you restate your question? I Vice Chair Russell: Thank you. So in other cities who have adopted this registry so that our first responders know if they're calling on a house with someone with any sort of mental instability or psychological issue, how does that work? Does the dispatcher have to cross-reference a list, or is it automatic that, as it comes up on the call or the map for the officer that there's a --sort of an alert? "This house, please be careful. There's somebody here with an issue. " Chief Llanes: There's a number of different ways that different departments do it. We can flag by computer and address, and insert comments that the dispatcher can readily see as soon as we get a call to that address. Vice Chair Russell: So it's automatic, and it doesn't slow down -- Chief Llanes: No. Vice Chair Russell: -- the first responder call? Chief Llanes: No. City of Miami Page 23 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Thank you. Commissioner Carollo: Well, this is the one area that I did touch upon with the City Attorney on this item that I'm going to support. We need to be very careful -- and instruct the Manager on that -- that we make sure that we have a software -- we have to buy one specially for it, we get it, so that the minute a call comes from a certain address that has registered, the dispatchers are immediately flagged, and I'm going to tell you why it's so important. Because, God forbid, the dispatcher doesn't have that, she doesn't give it to that police officer -- and mind you, we're talking about law enforcement responses. It's very different than a firefighter in a call; they might have much more time in certain incidents. And if a cop doesn't know that and, God forbid, there's a shooting, we're going to be liable even more, because of that register. So we need to make sure that we cover the City, also, in liability by trying to do something novel and right. And the key to this is that we have a software that will immediately inform the dispatcher, so then, the dispatcher will inform that police officer; they might get there within minutes. Chair Hardemon: That's -- and that's one of the responsibilities that the City Manager will have, to come -- Commissioner Carollo: Yep. Chair Hardemon: --back with something that solves the problem. Commissioner Carollo: Exactly. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes, I do agree that we need that register, because we had in the past instances in which persons that had been hurt and shot, that -- persons that had some mental problem. One thing that I want to ask Ms. City Attorney -- Madam City Attorney, this pass the test of HIPPA? Ms. Mendez: Based on some of the concerns, the way that we're thinking of addressing it would be voluntarily registering households with members with a mental or developmental disability so that we could flag the home, not mention anyone's names, the authorities would have a flag to be able to deal with, and that could resolve any HIPPA issues or any stigma issues that may be with, you know, future employment or what have you. Chair Hardemon: So -- and I think that's important, because when the dispatcher sees that the household is flagged, the dispatcher should know to ask, you know -- because they always ask, "Who's the individual that's the aggressor? Describe him"; things of that nature. They can ask, Is this the individual who has any developmental issues?" et cetera. So this is information that can be passed on to the officer. And so, I'm asking that the mover and the seconder accept that amendment that the City Attorney placed on the record. Vice Chair Russell: And the amendment is to change it from `people" to "households" to "addresses"? Absolutely. Chair Hardemon: All right. So it's been accepted by the mover and the seconder. Seeing no further discussion on any of these issues, all in favor of the motion, say "aye. " City of Miami Page 24 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Todd B. Hannon (City Clerk): Chair, I'm sorry. Just for -- coming back to RE.7 -- I just need to make sure. So, with RE. 7, the City Commission specifically condemns President Donald J Trump's alleged statements regarding immigrants from Haiti, El Salvador, andAfrican nations? I just didn't catch which nations we were listing. Commissioner Carollo: El Salvador -- Chair Hardemon: El Salvador and -- Commissioner Carollo: Haiti, El Salvador, and African nations. Chair Hardemon: -- African nations. Mr. Hannon: Understood. Chair Hardemon: Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: Chair, just for the record, so does that mean the Commission as a whole will be co -sponsoring RE. 7 now? Commissioner Gort: Yes. Mr. Hannon: Okay. And, again, for the record, RE.8 was amended, RE.7 was amended, and RE.4 was amended; correct? Ms. Mendez: Yes. Commissioner Reyes: Yes. Commissioner Gort: Yes. Chair Hardemon: Yes. Mr. Hannon: Thank you. Chair Hardemon: All right. City of Miami Page 25 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 M:II&I*K91kiloil NN0I]1►[eye]NI]IkgWkiIs] *I SRA ORDINANCE Second Reading 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ALCOHOLIC BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76 IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4- 11, MORE PARTICULARLY BY ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13734 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.], please see "Public Comment Period for Regular Item(s)." Chair Hardemon: SR. 1, can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Chair Hardemon: Okay. Before we get into -- I want to say something. I have two small things that shouldn't be a big hassle. Under "convenience store," you have listed, "Convenience stores with a gross floor area that exceeds 10, 000 square feet, " and then it goes to "and/or"; some other things. When I read what a gross floor area" is, they basically measure the totality of the building, so that, basically, you can go around the entire building. And if that gross floor area is greater than 10, 000 feet, then they will be exempt from this. Devin Cejas (Zoning Administrator/Director): Correct. Chair Hardemon: Right? Mr. Cejas: Correct. Chair Hardemon: So the issue that I have with that is that a lot of the convenience stores that are a concern, they are a convenience store in one space, but then attached to it is -- or residences at the top or another sort of business next to it; and therefore, the gross floor area may end up being greater than 10, 000 square feet, but City of Miami Page 26 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 the only part that's the issue -- at issue is the convenience store that's selling these things. So, what my request would be is if we can make it some sort of a net floor area and specifically say -- and I don't want to say, "specifically say, " but for the City Attorney to capture in there that this does not include -- because I don't -- I want the net floor area to be where we are selling the goods from, and not to include apartment complexes or any attached other businesses that have nothing to do with the convenience store that's selling the alcohol, and things of that nature. I don't want someone with a larger building to get away with doing harm to the neighborhood just because they have a larger building. Mr. Cejas: Commissioner, if I may. Devin Cejas, Zoning Administrator and Director for the City ofMiami. That language, the way it's written, does protect the safeguards that you're concerned about. The 10, 000 -square -foot gross limit is associated with a Certificate of Use for that specific use, which will be the convenience store. A building that is mixed use would be required to obtain additional Certificate of Uses for the other uses. So that aggregate does not constitute a blanket, if you will, over the building, but specific to just the convenience store and what the Certificate of -Issue [sic] states. And "gross" is written in specific, because that's how -- is today how we calculate for our call service establishments, which differentiates from Miami 21, which is specific to habitable rooms, if you will. So we want to make sure not to omit the hallways and the bathrooms, and encapsulate the entirety of that establishment. Chair Hardemon: So define gross floor area. " Mr. Cejas: "Gross floor area" would include a bathroom, a hallway, a kitchen area, a storage area within a facility; so, for example, a convenience store. For measurements under Miami 21, for development purposes, it's administered under "habitable space"; meaning that that square footage, which is aligned with hallways, bathrooms, storage spaces, do not count towards that overall floor area, which then we use to calculate, let's say, parking spaces. Chair Hardemon: So -- but when I think about the gross floor area, I think about a building; I don't think of uses. I think there is a building. If you tell me -- if someone asks me, "What's the gross floor area of a structure? " I'm going to tell them the gross floor area of the entire structure, not taking into consideration that part of it is a restaurant, part of it is a convenience store, and part is residential units. Would that be correct? Commissioner Gort: From wall to wall, know what I mean? Mr. Cejas: Right. It's -- Commissioner Gort: From wall to wall. Mr. Cejas: -- from wall to wall, but still specific to that use, because that is the individual coming in for a Certificate of Use. Chair Hardemon: So what you 're telling me on the record is that it's not necessary, because the use, the use of a convenience store -- the gross floor area is only considering the area inside what is being deemed as use for a convenience store? Mr. Cejas: Correct. Chair Hardemon: This would not be a loophole for those who have other uses -- Mr. Cejas: Correct. City of Miami Page 27 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: -- outside of the convenience store. Mr. Cejas: One hundred percent. Chair Hardemon: Okay. All right, I'll take your word for it. And then the other thing would be under the Wynwood Cafe District, specialty district, striking Bullet 3, which requires "review and recommendation of the Wynwood Business Improvement District. " The reason I would like to strike that is --for board members -- is because I want to be very clear that the Wynwood Business Improvement District has done wonderful things in the Wynwood area, but it is not encompassing of all owners of property in Wynwood. And so, therefore, you could be within the boundaries of the Wynwood Business Improvement District, but not be a member of the Wynwood Business Improvement District. Furthermore, the Wynwood Cafe District is a area that is -- we may have made some change that make it -- but it's a very large area that have many property owners that are not a part of the Wynwood Business Improvement District. And what that means is that the Business Improvement District will be making decisions about who can and cannot have a liquor license in an area where -- they're making decisions that are extraneous to their body. So a small group of people make decisions about a larger group, and that's not included anywhere else within our liquor ordinance, and that's a cause of concern to me -- Mr. Cejas: It should be. Chair Hardemon: -- because what happens is those who did not join could be punished if they would not join, and then that could be used as a way to join the Business Improvement District; although it's by vote that you expand the properties and things of that nature. That's my concern. I don't want to put us in a situation where we're creating these subgroups that are having big control over how it is that people engage in business in the City of Miami. Vice Chair Russell: Mr. Chair. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Could you direct me to exactly where that amendment would be? Chair Hardemon: That would be -- Mr. Cejas: I believe it's page 9, under "Specialty Districts. " Vice Chair Russell: Section 4-5? Mr. Cejas: Yes. Chair Hardemon: Yes. Vice Chair Russell: And it says on the third point, "Shall require review and recommendation by the Wynwood Business Improvement District. " So that doesn't actually give that BID (Business Improvement District) any teeth in the decision, right? Its simply that they get to comment and weigh in? Chair Hardemon: It depends on what a lawyer says that comes and argues before anybody that is -- when we're going through this decision process, because I can imagine an attorney saying, "Well, why require review and recommendation? What if they do not recommend? If the recommendation is against, what happens then? City of Miami Page 28 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 So, I don't want there to be any perceived authority that a smaller group that are business owners in the area, that compete with other business owners, that work in tandem with other business owners, that where you have a Business Improvement District that -- I don't want there to be any confusion about their authority in granting liquor licenses. They should not be in the business of granting liquor licenses. For that matter, then, it should require the review and recommendation by everyone who lives within the area by residence. You know, why not put it to a vote of the homeowners associations that are in the area? So I think we just run ourselves down a slippery slope when we allow things like this to occur. Vice Chair Russell: I understand the intent. Mr. Chairman, is there -- could I ask if there's anyone from the Wynwood BID here represented to speak on that issue? Because I just want to capture the intent. I believe they advocated it quite strongly to have some inclusion in the process, but I'm not sure what was intended with regard to the strength of their decisions or opinions. Chair Hardemon: And I'll tell you, Commissioner Carollo, for instance, I -- you know, I've seen, when I've had discussions with BID leadership, where the BID wanted to have authority -- "say-so, " if you will -- over the events that occurred in the public streets, the public right-of-ways [sic]. They wanted to be able to approve and make recommendations, et cetera, for those types of things. I was against that, because what I see happening is an area that is becoming and is one of the most tourist -driven areas in the City of Miami. However, just because of that, there are people that want to do and have events in that space. And so, if it is the citizens of the City of Miami that own the public right-of-ways [sic], then why is it that they must see the BID in order to have special events on the public right-of-ways [sic]? We understand that the BID pays additional fees through their -- the taxing of themselves to keep the streets clean and things of that nature. They go above and beyond what it is that the City does, and that's -- I think that that's something that's noteworthy, but at some point you have to say, "These are public decisions that need to be made, and it's a public process. " And that's it. Its not to spite the BID, because, like I said, the BID has done a wonderful job in the area. And I think any business area that has a BID is lucky, because you have like minds that have come together and decide to make their neighborhood or their area better for the betterment of their businesses. But, certainly, we have to stop short of allowing and --private business owners the ability to say "no" to other business owners that want to come and establish businesses in a specific area. Commissioner Carollo: Commissioner, I'm in total agreement with you. You've touched upon an area that I was very concerned about, and I think I mentioned it in my first meeting when I heard BIDS are trying to get involved in this. I fully agree with your statements. Frankly, you've explained it so elegantly that don't need to add anything other. Chair Hardemon: Any other comments? Vice Chair Russell: Is there wording that would satisfy you that made sure they had zero actual weight on the decision, but that there was a review process that allowed them to have involvement, or would you rather just prefer it struck altogether? Because -- and let me say this, and I -- you know, I'm not here to speak on behalf of the BID. You and I share a small portion of the Wynwood BID area in our districts, but I do recognize that as they have encouraged the development and they're trying to choreograph, you know, the district as a whole, that they may have commentary that may help our department make a better decision, or they have the boots on the ground, they have an executive director. I don't -- I'm not looking at this as necessarily a vindictive process for one business to punish another. I see an executive director whose mission is to steward that area forward in a positive way. City of Miami Page 29 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 So they may have positive impact that could help us. I don't want to cut them out of the process. Is there wording that we could add to this that says -- Commissioner Carollo: Well, you -- Vice Chair Russell: -- making it very clear that they have no bearing on the decision? Commissioner Carollo: -- do have that process already. They could come before this body that makes the decision, and we'll gladly listen to them. Chair Hardemon: The -- and I'll say -- Mr. Cejas, can you describe how the total -- we have permits, and we have caps, right? Liquor license permits. Describe the process about how a potential permit holder goes about reserving a permit in an area. So, if I were considering opening up an establishment, and I wanted to be a permit holder, what is it that I have to do to reserve that permit? Mr. Cejas: Not only in Entertainment Districts or Specialty Districts, but citywide. That process today will be codified, which today it's not, and as a reservation process. Any business owner that wants to be assured that their investments that they begin to move forward with, whether it's a renovation to a building or a development of a new building should come to the City of Miami, to the Zoning Office, and will now be required to ask for a reservation letter; which, at that time, we'll vet for whether distance requirements are required or not; whether you're in an Entertainment District or not. All those issues that you may stumble upon throughout your entitlement process, we put it in writing, and we give you a window that you need to complete this process by, which is -- can be extended if you show us proof that you have been working towards that goal. That allows you to lock in that specific address so another entity does not come in within that distance requirement or a space. If there is a cap in an Entertainment District, you hold that number. Chair Hardemon: Now, this is important, and I want to say this. When you listen to what he said to you, the bar is relatively low. The bar is low for you to reserve a permit. If I wanted to have a business in the Wynwood Cafe District -- right? -- this is independent of the BID -- the Wynwood Cafe District, which is larger than the BID. The area would consist of an area that is larger than what the BID represents, if you will. As a business owner, I can come in tomorrow to the City of Miami and say, "I want to reserve a spot in this space, " and I'm able to do that, because you checked the distance requirements to make sure it's lawful, et cetera, et cetera, et cetera. What essentially can happen here is an organization not only can be a -- can encourage others to reserve spaces -- right? -- but an organization can also make it more difficult for you to follow that simple process, because it will all need to be -- to be reviewed and recommended by this smaller organization, so that's the problematic part by me. I think it discourages competition. I think that it is -- it enhances the opportunity for a smaller group of very well-to-do, well -intended business owners to -- Commissioner Reyes: Monopolize. Chair Hardemon: Yeah, either cannibalize [sic] the district or -- Commissioner Gort: Control. Chair Hardemon: -- to discourage others from entering, or encourage those who they want to be there, and I think that's the part we have to be careful about. I know Wynwood is an area that is -- the area that we talk about the most in Wynwood or City of Miami Page 30 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 that we see the most is the area that's been -- that is industrial or that has warehouses and businesses, but that area has also cannibalized much of the residential sections of it. You drive through Wynwood today and you see most of those homes that were beautiful homes there, probably built in the 1930s, `40s, and `50s, they're demolished; they're parking lots; they're private parking lots that will tow you if you are late on reserving more time. And so -- I mean, this is a much different area. And I think the City of Miami, we missed the ball when it came to a lot of those spaces that -- where most of our City of Miami residents would have been fighting to keep that area the way it was, to keep the homes where they are. The only places that are left that are residential in the area that is directly connected to the Wynwood BID and the Cafe District are public housing sites. Commissioner Reyes: Yes. Chair Hardemon: That's it. So if not for Miami -Dade County owning public housing in that particular area of the community, there would not be any affordable housing in that area, and that's an incredible sight to see. And so, you know, I have reasons to doubt the authenticity of someone who's going to tell me, "We just want to review and recommend because we want to ensure that the area grows in the way that we think is responsible. " Mr. Cejas. Mr. Cejas: Chair, you're 100 percent correct, and those are the exact issues that I began to face when I took over this seat, and it's the reason why we added strict language for that reservation process; to allow for other business to also be able to come in, when possible. So, for instance, the way the Code is written -- the proposed Code is written, if someone comes in for a reservation process, they have three months to begin an exception process, if required; a warrant process, if required; a building permit process, required; turn in a lease, if you haven't signed that lease as ofyet,- three months to provide all those documents to us so that we, in turn, can go ahead and extend it further, depending on that process, because we all know that a permitting process might take six months, five months, eight months. The warrant process may take some time, as well, because there is a notification process attached to it. So all those concerns are -- have been pressed upon me; for some time, which is why we needed to make certain to draft something to at least minimize that possibility, but the reality is the opposite to it. If we don't have a reservation process, someone could just come in, spend a million dollars on a building -- which I've seen -- and then come out the other end, and someone already plopped an establishment within 200 feet, and, you know, that has other consequences, which will default to the City Attorney. Chair Hardemon: You know, the BID has a -- any BID has a shelf life; am I correct, Madam City Attorney? I think that the BIDs can only exist for a certain amount of time; they're not in perpetuity. Ms. Mendez: They usually have a timeframe. Chair Hardemon: Right. Ms. Mendez: But if you'll -- do you need the timeframe? Chair Hardemon: Well, no. The reason I'm saying this is because I don't want -- You know, to me, this ordinance is like -- it's --for lack of better words, this is our constitution. This is how we deem how everything should run, you know, and I think you make changes to it when they are important. I think you make changes to it when they -- when there's something that should live on for a long time. And when you read through this alcohol ordinance, it's very -- it's generalized. It's generalized in a way that everyone who is -- who's subject to it can find their guidance, and City of Miami Page 31 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 adding that specific language -- bringing in an organization that won't be around forever, in 50 years, will we be saying, "Oh, you have to go see the Wynwood Business Improvement District"? What if it changes? What if it's no longer an authority, and someone creates an organization called the Wynwood Business Improvement District, any of those same individuals, and they don't run the same way? And, you know, are we going to be having a discussion about them seeking approval from that organization? So I just don't -- you know, I choose not to empower a group, no matter who they are, in a way that could be detrimental to fair practices in an area, and that's it. So, like I said, I'd like to ask the mover -- we haven't had a -- no, we haven't had a motion yet, so whatever the -- I want to make it -- I would like for someone to make a motion that would include that amendment. Commissioner Carollo: It's a motion that we include the amendment, as expressed by the Chair. Commissioner Reyes: Second it. Chair Hardemon: Been properly moved and seconded. Is there any further discussion about this ordinance? Hearing none, all in favor of the ordinance, say "aye"? The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes, with amendment. Mr. Cejas: Thank you. NI►IOZ0]; &Ixf%]►1911N; W 911►[eye]N911kiVAki N 4= City of Miami Page 32 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 I a zM a I ZRI 9 N N0 311►leyol N a]Iki/e1►1:NN&I FRA ORDINANCE First Reading 3137 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Department of AS AMENDED ("CITY CODE") ENTITLED "LOCAL BUSINESS TAX Finance AND MISCELLANEOUS BUSINESS REGULATIONS," CHAPTER 39 OF THE CITY CODE, ENTITLED "PEDDLERS AND ITINERANT VENDORS," AND CHAPTER 57 OF THE CITY CODE, ENTITLED "VEHICLES FOR HIRE," TO CREATE A MORE EFFICIENT AND STREAMLINED PROCESS BY TRANSFERRING OVERSIGHT OF THE BUSINESS TAX RECEIPT APPLICATION PROCESS FROM THE FINANCE DEPARTMENT TO THE CITY MANAGER OR DESIGNEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Can you read FR.1 into the record, please? Victoria Mendez (City Attorney): Yes, Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion or any discussion on this item? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded by Commissioner Carollo. Any discussion about this item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Gort: Great presentation. City of Miami Page 33 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 FR.2 ORDINANCE First Reading 3151 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, "BUILDINGS," General Services AS AMENDED, ENTITLED TO ADD A NEW ARTICLE Administration X, ENTITLED "CITY OF MIAMI MICROWAVE PATH ORDINANCE, REQUIRING PERSONS OR ENTITIES INTENDING TO CONSTRUCT OR ERECT A BUILDING OR STRUCTURE, OR CAUSING A BUILDING OR STRUCTURE TO BE CONSTRUCTED OR ERECTED, THAT IS WITHIN FIFTY (50) FEET OF THE MICROWAVE PATH TO DO SO IN A MANNER WHICH DOES NOT INTERFERE WITH THE CITY OF MIAMI'S PUBLIC SAFETY TELECOMMUNICATIONS NETWORKS, INSTALL ANTENNAS TO AID COMMUNICATION, AND PROVIDE THE APPROPRIATE FACILITIES NECESSARY TO ELIMINATE THE INTERRUPTION; PROVIDING FOR INTENT; PROVIDING REVIEW PROCEDURES; PROVIDING REMEDIES; PROVIDING FOR COMPLIANCE WITH THE ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR.2, read into the record, please. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there any discussion or a motion? Victoria Mendez (City Attorney): There --I believe there's an amendment? Joseph Zahralban (Fire Chiej): Chairman, Joseph Zahralban, Fire Chief, Department of Fire Rescue. I do need to place a substitution on the record with regard to the current microwave map, which was identified in a letter to the City Commission by the City Manager, dated January 17, 2018. Chair Hardemon: Has the substitution been provided in the record? Yes? Okay. Commissioner Gort: Yeah, we seen the map. Ms. Mendez: Is it a map? Commissioner Gort: Yeah. Fire Chief Zahralban: It is a map, yes, ma'am. Commissioner Gort: Yeah. Fire Chief Zahralban: And we do have copies of it if you need to see it. City of Miami Page 34 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Okay. Fire Chief Zahralban: But it was included in the package that was sent. Commissioner Reyes: I'll move it. Chair Hardemon: All right, it's been properly moved Commissioner Carollo: Second. Chair Hardemon: Seconded Is there any further discussion on the item? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. FR.3 ORDINANCE First Reading 3424 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, Commissioners AS AMENDED ("CITY CODE"), ENTITLED "COCONUT GROVE and Mayor BUSINESS IMPROVEMENT DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item FR.3 was deferred to the Februaty 8, 2018, Regular Commission Meeting. Note for the Record. For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: FR. 2, can you read it into the record, please? Victoria Mendez (City Attorney): FR.3? Chair Hardemon: FR.3, you're correct. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. City of Miami Page 35 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: I'd like to defer this item to the next City Commission meeting. I believe there's potential unintended consequences that affect the other Parking Trust Fund areas that are referenced in the legislation, while it was only intended to affect the Coconut Grove BID (Business Improvement District) portion, but there seems to be enough concern -- enough parties are asking for us to take some time and look at it a little further. So that's my motion to defer to the next meeting, FR. 3. Chair Hardemon: Seconded by the Chair. And I'll say, you know, one thing that we have to kind of -- because we don't have opportunity to really do this -- one thing we have to really think about when these type of things come up, specifically, this gives the -- Well, I just want us to consider how these Parking Trust Funds come about. It generally -- it comes off as -- these are public dollars, if you will -- right? -- because in lieu -- when I say -- by `public" -- in lieu of building additional parking, they will pay into a public trust fund -- right? -- which is supposed to be used to create parking solutions in the area. They could include ferries. They could include all types of things to move people around in that district. And so, when you start to use those funds, for instance, to build a parking garage, well then, who owns the parking garage? Is it the public that owns that parking garage? Is it a property owner that owns that parking garage? Who makes the profit from the parking garage? Where does the profit go? These just are things I think -- you know, we don't have to talk about it now, because it's being deferred, but, certainly, I would love to hear it in our briefing so that we have a better understanding of what's actually happening here, so that public funds aren't being used to provide private profits to business owners. Got it? All right, that's it. So it's been moved and seconded to be deferred. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes. END OF FIRST READING ORDINANCES City of Miami Page 36 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 I N � N ; &1011 tit1101kiR? RE.1 RESOLUTION 2575 TO BE WITHDRAWN Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO Management PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE REFERENDUM SPECIAL ELECTION TO BE HELD ON , PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER ENTITLED "CITY -OWNED PROPERTY SALE OF LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND ESJ JI LEASEHOLD, LLC ("ESJ") AMENDING CERTAIN TERMS OF THE EXISTING LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND ESJ INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: EXECUTION OF THE AGREEMENT FOR ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY OWNED WATERFRONT PROPERTY WITH ESJ TO MODIFY THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY THREE (43) YEARS AND EXTEND THE TERM FROM 2060 TO 2099; PROVIDE ONE PERCENT (1%) RENT FROM ANNUAL GROSS REVENUE FROM A $50,000,000.00 HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY DESIGN APPROVAL AND SUCCESSFUL ZONING CHANGES, AND AN EIGHTEEN (18) MONTH RENT ABATEMENT; PROVIDE PARKING, RETAIL/RESTAURANT AND MEETING ROOM SPACE; PROVIDE AN ICHIMURA-MIAMI JAPANESE GARDENS SEVEN HUNDRED THOUSAND DOLLAR PAYMENT ($700,000.00); PROVIDE A $500,000.00 GREEN ENERGY EDUCATIONAL FACILITY; ESTABLISH A RESERVE ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER YEAR; IMPLEMENT A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALES; AND FURTHER IMPLEMENT AN APPROXIMATE ONE PERCENT (1%) REFINANCING FEE; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo City ofMiarni Page 37 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Note for the Record: For minutes referencing Item REJ, please see "Order of'the Day" and "End of Consent Agenda." City of Miami Page 38 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 RE.2 RESOLUTION �kf.Z fell -3=Ik►Jl119a1]:L`\►Jlill Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), APPROVING, SETTING FORTH, AND Management SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND EXECUTE AN AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT ("AGREEMENT") FOR 19.35 ACRES OF CITY OF MIAMI ("CITY') OWNED WATERFRONT PROPERTY WITH ESJ JI LEASEHOLD, LLC ("ESJ") MODIFYING THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY THREE (43) YEARS AND EXTENDING THE TERM FROM 2060 TO 2099, PROVIDING RENT PAYMENTS OF ONE PERCENT (1%) OF ANNUAL GROSS REVENUE FROM A NEW PRIVATELY FUNDED HOTEL DEVELOPMENT WITH A MINIMUM COST OF FIFTY MILLION DOLLARS ($50,000,000.00), WITH A MAXIMUM HEIGHT OF ONE HUNDRED THIRTY (130) FEET AND A DESIGN SUBJECT TO CITY APPROVAL AND SUCCESSFUL ZONING CHANGES, WITH SAID ONE PERCENT (1%) RENT IN ADDITION TO THE CURRENTLY RECEIVED GREATER OF ANNUAL RENT OF FIVE HUNDRED TWO THOUSAND ONE HUNDRED SIXTY EIGHT DOLLARS ($502,168.00) AND PERCENTAGE RENT FROM JUNGLE ISLAND REVENUE, WITH SAID ONE PERCENT (1%) RENT ABATED FOR THE FIRST EIGHTEEN (18) MONTHS TO ALLOW FOR STABILIZATION; PROVIDING PARKING SPACES SUFFICIENT TO MEET ZONING REQUIREMENTS, FURTHER PROVIDING ANCILLARY IMPROVEMENTS CONSISTING OF RETAIL AND/OR RESTAURANT SPACE OF UP TO TEN THOUSAND (10,000) SQUARE FEET AND MEETING ROOM SPACE OF UP TO THIRTY THOUSAND (30,000) SQUARE FEET; WITH AN AGGREGATE PAYMENT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) TOWARDS THE ICHIMURA-MIAMI JAPANESE GARDENS ("JAPANESE GARDENS') FOR CONSTRUCTION OF A WALKWAY TO JUNGLE ISLAND, NECESSARY REPAIRS, AND MAINTENANCE OF THE JAPANESE GARDENS; DEVELOPMENT OF A GREEN ENERGY EDUCATIONAL FACILITY FOCUSING ON WIND AND SOLAR ENERGY AT A MINIMUM COST OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00); ESTABLISHING A RESERVE ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER YEAR; IMPLEMENTING A TRANSFER FEE OF THREE PERCENT (3%) OF GROSS SALES, LESS THE OUTSTANDING PRINCIPAL BALANCE OF ALL DEBT OWED BY ESJ TO AN UNAFFILIATED THIRD PARTY AND TRANSACTION COSTS, IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; FURTHER IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF THE REFINANCING LOAN PROCEEDS, LESS ALL THIRD PARTY COSTS, EXPENSES, AND AMOUNTS REQUIRED TO FULLY REPAY THE DEBT BEING REFINANCED AND ALL REFINANCING PROCEEDS NOT DISBURSED TO ESJ INVESTORS, SHOULD City ofMiarni Page 39 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THIS CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD ON ; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item RE.2, please see "Order of'the Day" and "End of'Consent Agenda. " City ofMiarni Page 40 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 RE.3 RESOLUTION 3417 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENTS ("PSA") WITH and Mayor MOFFATT & NICHOL, INC., COASTAL SYSTEMS INTERNATIONAL, INC., T.Y. LIN INTERNATIONAL, AND APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR THE PROVISION OF MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $750,000.00 FOR EACH FIRM; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE PSAS WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE PSAS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0030 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see "End of Consent Agenda." REA RESOLUTION 3293 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH A REGISTRATION Commissioners PROGRAM WITH THE MIAMI POLICE DEPARTMENT ALLOWING and Mayor RESIDENTS TO VOLUNTARILY REGISTER FAMILY OR HOUSEHOLD MEMBERS WITH A MENTAL HEALTH OR DEVELOPMENTAL DISABILITY FOR PURPOSES OF MAKING FIRST RESPONDERS AWARE OF CERTAIN AILMENTS AND CONDITIONS PRIOR TO THEIR ARRIVAL, TO AID IN PREVENTING CONFRONTATIONAL SITUATIONS, AND TO BETTER ADDRESS MEDICAL CONDITIONS. ENACTMENT NUMBER: R-18-0031 City ofMiarni Page 41 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.4, please see "End of Consent Agenda." RE.5 RESOLUTION 3494 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDS CONTINUING THE PILOT PROGRAM TO Commissioners MAINTAIN THE ASSIGNMENT OF NEIGHBORHOOD RESOURCE and Mayor OFFICERS AND CODE COMPLIANCE INSPECTORS CURRENTLY ASSIGNED TO THE ALLAPATTAH AND FLAGAMI NEIGHBORHOOD ENHANCEMENT TEAM ("NET") AREAS FOR AN ADDITIONAL PERIOD OF SIX (6) MONTHS IN ORDER TO INCREASE THEIR FAMILIARITY WITH THE ISSUES OF THE AREA THEREBY ALLOWING THEM TO WORK TOGETHER IN UNISON WITH NET IN ORDER TO FIGHT CRIME, ENFORCE CODE VIOLATIONS, AND IMPROVE THE QUALITY OF LIFE FOR THE RESIDENTS OF THE AREA. ENACTMENT NUMBER: R-18-0032 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.5, please see "End of Consent Agenda." RE.6 RESOLUTION 3505 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Commissioners ITS OPPOSITION TO OFFSHORE OIL DRILLING AND and Mayor EXPLORATION ACTIVITIES, INCLUDING BUT NOT LIMITED TO, SEISMIC AIR GUN BLASTING; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0025 City ofMiarni Page 42 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.6, please see "End of ConsentAgenda" and "Public Comment Period for Regular Item(s)." RE.7 RESOLUTION 3530 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners CONDEMNING PRESIDENT DONALD J. TRUMP'S STATEMENTS and Mayor REGARDING IMMIGRANTS FROM HAITI AND OTHER COUNTRIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO PRESIDENT DONALD J. TRUMP. ENACTMENT NUMBER: R-18-0026 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, and was passed by the following vote: AYES: Commissioner(s) Carollo, Reyes and Gort, NOES: Chair Hardemon and Vice Chair Russell, to add the word "alleged" as it relates to the statements made by President Donald J. Trump. Note for the Record. For minutes referencing Item RE. 7, please see "End of Consent Agenda." City of Miami Page 43 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 RE.8 RESOLUTION 3452 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO 346 Attorney NORTHWEST 29TH STREET, LLC ("346") THE TOTAL SUM OF TWELVE MILLION DOLLARS ($12,000,000.00) IN FULL SETTLEMENT OF ANY AND ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY') IN THE CASE OF 346 NW 29TH STREET, LLC, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 13- 037260 CA 01, PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A RELEASE, SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS ARISING IN AND FROM ALLEGED VIOLATION OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. ENACTMENT NUMBER: R-18-0033 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.8, please see "End of Consent Agenda." END OF RESOLUTIONS City ofMiarni Page 44 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Fil4wivll a 11010 kiIEVEMI1;I►III c94:9[07►1 ACA ATTORNEY-CLIENT SESSION 3550 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE JANUARY 25, 2018, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF YVETTE STYLES, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 17-22967 CA 09, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 4:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS BARNABY L. MIN AND JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Vice Chair Russell: We have shade? Victoria Mendez (City Attorney): I've been -- It's late, so if I can request that it be for February 8? Vice Chair Russell: We can. Ms. Mendez: Okay. END OF ATTORNEY-CLIENT SESSION Citv ofMiarni Page 45 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 1-11111211111-111Biel NkI BU.1 BUDGET DISCUSSION ITEM 3237 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: Okay. BU.1. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. Earlier this morning, the first written projection of the year went out to all of your offices, and all department directors, union representatives, and City Attorney's Office. The books for the month ofDecember closed on January 10. This is the end of the first fiscal quarter. You can see all of the detail that's in the memorandum, and I'll just hit a couple of highlights. Right now we're projecting -- I should say, when the memo went out, we were projecting a surplus of $29.5 million. Since RE.8 passed earlier today, I'm going to reduce that by $2 million right off the bat, so 27 and a half million dollars. Please keep in mind that we used $17.4 million of prior year fund balance in the developed budget, the adopted budget, so we would have to get over that threshold before we had a surplus and actually added onto our fund balance; as well, 11 million of that is directly attributable to the Building Department and therefore restricted only for those uses. I'll skip ahead. And on page 4 of 5 of the memorandum is a section that's called "Development of Next Year's Budget, " and in that, we relate that just yesterday, we received information from both the FIPO (Firefighters and Police Officers) Pension Trust and the GESE (General Employees and Sanitation Employees) Pension Trust, and those next year numbers are going to be increasing by 45 million for FIPO; from 57 million to about 102 million; and in GESS, going up by about two and a half million. So I just want to bring that to your attention, in that the FIPO Board, many things go into that number, that large increase, but we had not budgeted -- we had not planned in the five-year plan for that large of an increase. A large piece of it is they're treating everything in the FIPO pension in the actuarial report -- and I should also say, it's not final yet. They've not voted on it; two months before that occurs. This is our preliminary number -- as if everything went back to prior to 2010, and that's causing a large majority of that jump that's in there. So I want to bring all of that to your attention, and alert you that we're going to be bringing the mid year budget amendment to you in March. There's some detailed items in the memo regarding that. And I'll be happy to take any questions you have. Chair Hardemon: Is the City doing anything in regard to that decision that was made by FIPO to increase their payments to create this new debt owed to the City, where, you know, we haven't come to a conclusion regarding the litigation? City of Miami Page 46 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Rose: It can be answered in two ways, and I'll answer part of it, and if I can look at the City Attorney's Office, as well, to answer part of it. We are working with FIPO and with the FOP (Fraternal Order of Police) and with the IAFF (International Association of Firefighters) as we go forward; as well, we have filed some briefs, and I'll turn it over to the City Attorney's Office in that regard. Victoria Mendez (City Attorney): The City Attorney's Office has filed certain emergency motions in order to address the continual movement of the FIPO Pension Board to declare that certain damages are due and owing with regard to pension, which are not due and owing at this time. They've already made certain payments out to their members. There was a stay issued. Their attorney has advised them that that stay does not apply to them, even though that stay does apply to them, and we will continue to address that in the courts in order to be able to either have the money returned and move forward. Commissioner Reyes: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Reyes: I just want to tell you that we haven't -- we did not receive the document that you are referring from, and -- I mean, somebody said that it was dropped in my office, but I haven't -- not received it. But I have a question for you. What is the projection if we have to pay -- if we are mandated to pay everything that is requested from all that -- the requests that the unions are making, how is that going to leave the City of Miami? Are we going to go bankrupt? Mr. Rose: We're still calculating those at this time. I can tell you, the pension numbers -- There's several components of it. Commissioner Reyes: That's right. Mr. Rose: There is seven years of back benefits. We know that number; 213 million. Commissioner Reyes: Okay. Mr. Rose: There is a thought process of amortizing that over a I S year period. We are currently calculating also back pay, but all of this is based on assumptions that we have not agreed upon yet, whether you pay all seven years or part of the time; a number of things. So I'm a bit reluctant to answer that question, Commissioner; forgive me. Commissioner Reyes: No, but worst-case scenario. Let's say that we have to pay $240 million. Where are we going to pay it from? What is going to happen? We have to go back to emergency --fiscal emergency, or what do we have to do? Chair Hardemon: This is what we're trying to -- I'm sorry. This is part of the discussion we're trying to avoid, but we have to be very careful -- Commissioner Reyes: That's right. Chair Hardemon: -- because the language that we use here can and probably will be used against us in any sort of civil action, so. Commissioner Reyes: Just for informational purpose, you see, and I think it's a valid question, because given the fact that we don't have that much money, how do we going to pay? City of Miami Page 47 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Rose: Well, sir, I -- a couple of things. I've always been advised by my attorney never to talk about strategy in public, so. Commissioner Reyes: No, no, it's not strategy; it's -- I'm sorry, I'm sorry. I withdraw the question and -- but I just want to make sure that we are aware, everybody's aware -- Commissioner Carollo: We're aware. Commissioner Reyes: -- the position the City is. Chair Hardemon: That we are. Thank you very much, sir. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 48 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 31a3l61119i11:9IQkiI 1111114Jil;.1 D1.1 DISCUSSION ITEM 2534 QUARTERLY UPDATE BY MR. WAYNE PATHMAN, CHAIRMAN OF Office of THE SEA LEVEL RISE COMMITTEE AND MEMBERS OF THE SEA Resilience and LEVEL RISE COMMITTEE REGARDING RECOMMENDATIONS Sustainability FOR ADVANCING THE CITY OF MIAMI'S RESILIENCE TO INCREASED FLOODING RISKS ASSOCIATED WITH SEA LEVEL RISE. D1.2 3545 Office of Capital Improvements & Department of Real Estate and Asset Management MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item DI.1 was continued to the Februaty 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item DI.1, please see "Order of the Day. " DISCUSSION ITEM A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION REGARDING THE STATUS OF THE COMMODORE RALPH MIDDLETON MUNROE MIAMI MARINE STADIUM. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item DL2 was deferred to the February 8, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item DL2, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 49 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: What I would like to do right now is to open up the floor for public comment. So if you're here to speak on any of the items that are on the agenda for the Planning & Zoning section of this meeting, I would like for you to approach either of the two lecterns; state your first name, your last name, you may state your address, and which item it is that you're here to speak about. So once again, your first name, your last name, you may state your address, and what item it is that you're addressing before this body. Commissioner Carollo: Mr. Chairman, I need to have about five to seven minutes with the Planning director, if I could pull him off? Chair Hardemon: Yeah. This is the public comment section, so you can -- Commissioner Carollo: Okay. Chair Hardemon: -- pull him to the side, if you 'd like. Commissioner Carollo: Thank you. Chair Hardemon: Sir, you're recognized. Jeff Bartel: Thank you, Mr. Chair, members of the Commission. My name is Jeff Bartel, representing members of the Camp Biscayne Waterway Owners Association, the Camp Biscayne Homeowners Association, and individual residents within Camp Biscayne. These are on Items 14 and 15. With your permission, we'd like to withhold the opportunity for comment until the item comes up. We also have some discussions going on with the applicant on this matter right now, if you don't mind, Mr. Chairman. Chair Hardemon: It's one of those issues where -- This is the public comment time, and it could greatly increase the -- And when you say, "We," I'm assuming you're talking about everyone who wants to speak for public comment wants to have the opportunity? Mr. Bartel: We also have the opportunity to be able to examine and cross-examine witnesses. Chair Hardemon: Oh, no, no, no. You're talking about -- If you are -- This is public comment. This is not necessarily the opportunity to present evidence. That's not -- this is not the party and (UNINTELLIGIBLE). Mr. Bartel: Understood. I'm just saying that we have some members of the community who may or may wish -- may or may not wish to speak at the time, depending on the circumstances that take place. That's all I'm saying, sir. Vice Chair Russell: Yeah. Mr. Bartel: Thank you. Chair Hardemon: Okay. Mr. Bartel: Thank you. City of Miami Page 50 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Is there anyone else that would like to speak? Will it be the well- dressed man in the purple tie or the well-dressed man in the --? David Duckenfield: No. I'll start off, Mr. Chairman. My name is David Duckenfield. I live at 712 Palermo Avenue, in Coral Gables. I'm here to speak on Items PZ. 14 and 15, concerning the expansion of Ransom Everglades campus onto the adjacent La Brisa property. My two sons attend Ransom Everglades, and what we have learned to appreciate about the school over the past five years is its full- fledged commitment to the community. It is a commitment that is part of ethos of the school that Paul Ransom founded in 1903 and that is stronger than ever today. Just this week, our eldest son volunteered with the soccer team at St. Alban's Child Enrichment Center in Coconut Grove, where they read to the children and played soccer with them, among other activities. This commitment to St. Alban's by Ransom students athletes has been going on for years, and helps St. Alban's promote its mission of serving a unique population that'll have a positive impact, not only the on the children, but also on the families and the surrounding community. Our son volunteered, not because he had to, but because he wanted to. That is what a good community does, and that is what they instill in the students at Ransom. While Ransom is known for its rigorous academic classes and challenging extracurricular activities, there's another classroom setting there that is even more important. It is the classroom of life. That's what they teach at Ransom, where you learn that the classroom -- that the importance of putting more into this world -- that putting more into this world than you take out of it is the most important thing. And part of the bigger classroom that also takes place at Ransom through its outreach efforts, like Breakthrough Miami, are equally important. They -- that program inspires at -risk middle school children to recognize and reach their full potential, and it now serves more than 1,000 students from Miami out of a right -- rent-free office at our middle school campus right up the road, which counts with dozens of mentors from the Ransom Everglades student body on a weekly basis. This and other similar programs are at the core of what Ransom represents and why it's been a valued member of the City of Miami community for close to 115 years. It is truly a private school, serving a public purpose. Chair Hardemon: Thank you very much, sir. Mr. Duckenfield: Thank you. Chair Hardemon: Your time expired. Appreciate it. You're recognized, sir, the other well-dressed man in the (UNINTELLIGIBLE) tie. Neal McAliley: Well -- and the Chair as well. Chair Hardemon: Thank you. Mr. McAliley: My name is Neal McAliley. I live at 3941 Midway Street, in the South Grove, and I'm here to speak on the same item, PZ. 14 and 15. Members of the Commission, I'm here to speak in favor of this proposal to have what I think is a very sensitive redevelopment of the La Brisa property. I have a child at Ransom, in the middle school, so I'm not yet at the upper school, so I do have an interest in that sense, but I'm also a resident of the South Grove, and I have to deal with the traffic every day, too, so I think to the extent that there's any opposition to this, I share the same issues. And from my perspective, I think this is a pretty clear choice to support what I think is an important institution for Miami. Ransom Everglades is one of the best schools -- secondary schools in the United States, period. I think, if you look at sort of the national rankings, it is a highly rated school and is very well thought of. This is an important building block for our community. We need these institutions. City of Miami Page 51 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 You know, one of the things that makes the City of Miami great, as far as I'm concerned. as basically a life-long City resident, is we have these kinds of institutions in our boundaries. Right? Ransom is one of them. When Amazon is thinking about moving here to South Florida, part of what they're looking at, they want to know that they have top schools, and that's what you get with a place like Ransom. So -- and the La Brisa property redevelopment is one of the keys for this school to make itself even better. So you have a very important institution here that - - and many more people are going to benefit from this -- what I think is a sensitive redevelopment compared to people who might be hurt. There's a thousand families in this school, and they're constantly -- there's more of them. This benefits the community as a whole to have an institution like this. And as a city, we have to support institutions like this. Yes, there is traffic on Main Highway. I will tell you, driving through there, I don't actually think it's Ransom is the issue; I think there are some other schools down the road that are the major issue. But I'm one of the guys who has to fight the trajflc, so I know what that is. But even to the extent that it is some development, I think it's extremely sensitive; it's not a major cause of the problems, and the big picture is what I'd ask the Commission to think about. We need to support institutions like this. Many more people will benefit from it than will be affected by it, and I'd askyou to support it. Chair Hardemon: Thank you very much, sir, for your comments. Mr. McAliley: Thank you. Paulina Pages: Hi. My name is Paulina Pages. I live on 5845 Collins Avenue. Chris Kucera: And I'm Chris Kucera, and I live on 545 San Servando Avenue. Ms. Pages: We're both currently seniors at Ransom Everglades, and we're here to read an email that Ransom received on behalf of Robert Fernas (phonetic) Rowe. So, "Esteemed City Commissioners, please allow me to write you briefly to express my wholehearted support for the unification of the La Brisa's property with that of the Ransom Everglades High School campus. Ransom teaches many generations of Miami children the values of long-term vision, stewardship, and a desire to give back rather than just take. The plans the school have for the property, in my opinion, reflect this ethos. The property will be essentially preserved with the addition of just one building for the students. La Brisas [sic] is a beautiful green enclave that deserves to be cherished and protected. I personally believe that Ransom would be the most ideal institution to fulfill this mission. I would ask you all to give this matter your serious consideration and, thus, to allow Ransom to underwrite the protection and enjoyment by many thousands of young people over time of a beautiful plot and an important part of the heritage of the Grove." Thank you. Chair Hardemon: What was that big word you used? Time. I'm just playing. Thank you very much. You're recognized, sir. Jay Reddy: Good afternoon. My name is Jay Reddy. My son attends Ransom Everglades Upper School and enjoys being part of the Crew Rowing Program, so we get to -- he gets to see the land, air, and sea, all three aspects of Coconut Grove. We're also entering our third year of residency in Coconut Grove as a family, and we have come to appreciate and enjoy the unique, one -of -a -kind community feel that only exists in Coconut Grove. We share our roads with the pedestrians, the bikes, and the peacocks. We have wonderful small businesses, the restaurants, shops, large offices, high-rises, and single-family residences. In other words, Coconut Grove is a unique village; we depend on each other, we respect each other, and we need each other, and we have to be good neighbors for Coconut Grove to thrive as a community. Ransom Everglades has been a great neighbor for over 115 years; the City of Miami Page 52 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 oldest South Florida school still in its original location; the oldest South Florida school still in its original location. It is gratifying to see, walking through school, looking at the community members using our school facilities, and our kids going off to local schools tutoring, helping, and mentoring. As we look around, the inevitable stress of economic growth is all around us. There's new high-rises being built, new construction everywhere, and the La Brisa property is the premier location that's still left untouched, and I'm sure every developer of any merit wants their hands on this property. So I urge you, because I'm a resident, as well, to please consider Ransom Everglades is the best steward of this land. Once this property gets into -- fully integrated into a campus, you can be assured that Ransom Everglades community will take care of this property for this century and beyond, just as they have done with the existing campus. Thank you, and God bless. Chair Hardemon: Thankyou very much. Ma'am, you're recognized. Hannah Tacher: Hello. My name's Hannah Tacher, and I live in 900 North Venetian Drive. Lauren Marx: My name is Lauren Marx, and I live in 2850 Brickell Avenue. Ms. Tacher: And we're both Ransom students. We're both seniors. So I'm going to read a letter from -- behalf of William Aristide, who is the principal at Booker T. Washington Senior High School. "To whom it may concern: My name is William Aristide, and I'm the principal at Booker T. Washington Senior High School, located in Overtown Miami. For the past six years, our school has enjoyed collaborating with Ransom Everglades through a week-long student exchange program that successfully brings our two communities together. It is my pleasure to write in support of Ransom Everglades, given how much of the school has invested in the students of Booker T. Washington Senior High School and in the future of Miami overall. Located only five miles apart from one another, Booker T. Washington and Ransom Everglades stand as two of the most historical significant, educational institutions in Miami -Dade County. Despite our proximity, the paths of our respective students are unfortunately unlikely to ever cross, given the stringent, racial, ethnic, and class divisions that can at times characterize Miami. The leaders and administrators from both schools have chosen to support a program that flies in the face of reality, putting students from each school in the partnerships with one another and enabling them to foster lasting and transformative relationships. Towards the end of the week, Ransom Everglades hosted dinner for the students involved, as well as for their parents and loved ones. At that event every student who participated steps in the podium and speaks of what the experience has meant to him or her. Their testimonials demonstrate how much stronger we are together than we are apart. Our shared future is brighter because of this program, because it provides our students with a broader sense of the world and with an expanded sense of what is possible when we work together. Last year Ransom Everglades launched an exchange by inviting all 24 of our student participants to attend a production, "The Defamation of the Play, " a professional stage production that uses a courtroom drama to engage audience members in the exploration of racial, class, gender, and religious differences. This year they have decided to begin the week by bringing Michael Felsberg, who will perform his play `Incognito, " which addresses many of the same themes through one man's journey to better understand his identity. These productions provide our students with common text that they can return throughout the week as they work together to examine not only their differences, but their similarities as well. I impart these anecdotes simply to illustrate how Ransom Everglades has emerged as an important partner for Booker T. Washington Senior High School in our ongoing effort to support our students, nurture their hearts and minds, and serve the City we all share. So thank you for City of Miami Page 53 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 your time and your consideration. Sincerely, William Aristide, Principal of Booker T. Washington Senior High. " Chair Hardemon: Thank you very much. Brion Cook: Good afternoon, and thank you. My name is Brion Cook. I live at 1402 Brickell Bay Drive. I'm here to speak -- I believe it's PZ. 13, the designation of 240 14th Street as a historic property. And judging by the signs I've seen in the room, I'm probably in the minority on my view. I am against going forward with this at this time for two specific reasons. I believe right now the property is a safety hazard. I live directly adjacent to the property; and on cooler evenings, people have congregated in the garage on the lower ground floor and have lit fires to keep warm. We have called police, and the police come and shoo them away, but then they come back the next night. The building has been abandoned for two years, and it is beginning to fall down. There are big sections of plaster that -- on the outside of the structure that are now gone and just laying in heaps on the ground, so I think it's an unsafe structure. It's also very accessible right now. There are two gates with padlocks so cars cannot drive into the garage, but on either side, there are just low, three-foot retaining walls, and people just climb over them to get into the garage and do things. The second reason is, I don't know -- I haven't seen any plan for what would happen if the building were to become an historic site. So if there are no plans, have funds been avail -- made it available to go ahead and do something with the building to fix it up, to do something? And if it just sits therefor a few more years until these things work their way through the process, I think it's going to deteriorate further and remain a safety hazard. Thank you. Chair Hardemon: Thank you very much, sir. Gentlemen. Alexander Mendelson: Hi. I'm Alexander Mendelson. I live on 2521 South Bayshore Drive, in the Grove here. Juan Gabriel Roca -Paisley: Hi. I'm Juan Gabriel Roca -Paisley, and I live on 1829 Southwest 23rd Street. Mr. Mendelson: I'm reading this representing Jim Ryder. He's an alumni of Ransom. "Dear Commissioners: I'm emailing you this request as a 1958 graduate ofRansom School. It was known as `Ransom" at the time, prior to its merger in the 1970s with the "Everglades School. " I enrolled at Ransom in 1952 and attended six years. We were a small school then. My graduating class had 10 members. I have to thank Ransom, its faculty and staff, for preparing me for three great institutions: the University of North Carolina at Chapel Hill, the University of Florida, and the University of Miami, and life in general. I entered Ransom in 1952 as a shy kid with not an overly ambitious agenda for success. Ransom provided a mission for me and developed leadership skills. I have followed Ransom closely throughout the years. Indeed, I was on the board in the 1970s. I still look forward to receiving emails and other publications. I even occasionally am in touch with my English teacher, Dan Bodin. The plan to integrate Ransom Everglades' campus with La Brisa is a challenging opportunity. The current campus reflects the tremendous growth in buildings and other facilities since I graduated in 1958. On my last visit, I realized that the campus could use a little breathing room, with many students now occupying what used to be our parking spaces. With La Brisa's acreage adding that breathing space, I was pleased that very little construction will be added to its seven acres. Ransom Everglades' management and staff are responsible, and they can be counted on to preserve the majestic and tranquil environment that exists today, only improving the grandeur and experience. Having grown up in Coconut Grove and worked at Ryder System on South Bayshore Drive, I believe that the Grove itself will benefit from enhancing what is already a prestigious and respected institution. I City of Miami Page 54 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 wish it were possible for me to attend tomorrow's meeting when you review the application. Unfortunately, having relocated to Phoenix, Arizona, in 1997, it's not practical. I could not more strongly recommend your approval of the plan to integrate the two parcels. There will only be two -- there will only be winners: the community, the school, and most importantly, our future generation of students. Sincerely, James A. Ryder, Jr., Class of 1958. " Chair Hardemon: Thank you very much. Mr. Mendelson: Thank you. Simon Decker: Well, good afternoon. I'm Simon Decker. I reside at 4685 Southwest 74th Street, in Miami, Zip Code 33143. I'm in here because I'm the former owner of La Brisa that I sold to the school, and I wanted to share with you my living experience of what it is to live next to the Ransom Everglades School, which I believe no one in this room can really share, apart from myself, as I've been for eight years, since 2008 until 2016, the neighbor. To begin with, nothing has prevented me my full enjoyment of the property over the time I was -- we were living there as a family. There has never been -- at least to the best of my knowledge -- any trespassing into the property from the school students or even members of the institution itself. Security -wise, we never had to hire security; and believe it or not, just because the fact is that Ransom has security and our border being -- having been continuous all the way from Main Highway to the bay, we did not require any further security than the one that Ransom was naturally providing in that sector or in that neighborhood. It's been said -- I'm going to touch one last subject, which is the reason why we decided to sell the property to the school, and this is because of the fact that the school was actually going to be the best caretaker of the heritage that La Brisa property represents, turning that into a campus that the Ransom Everglades School highly needs. And those were our motivations in the sale, and I think it's important for me to mention that to you. Thank you for your attention. Chair Hardemon: Thank you very much, sir. Tomas Gomez: Hi. My name is Tomas Gomez, and I live in 785 Crandon Boulevard. Ryan Sears: My name is Ryan Sears, and I live at 3633 Southwest 161st Terrace. Mr. Gomez: I would like to share a letter that was sent to the Mayor and the City Commissioners. "We came to Miami in 1998 to join the research efforts at the University ofMiami. We chose Miami over the places" -- "over other places for the wonderful weather, the ocean, and its diversity that made us feel at home. We soon discovered how historic Miami is; how much hard work, planning and sacrifice went into conservation efforts, especially in the Biscayne Bay and the Everglades. Despite the urban sprawl and pressure, the City of Miami has excelled in efforts to conserve the space. Today is a once-in-a-lifetime opportunity for you, as City ojficials, to continue the conservation theme. The joining of La Brisa with Ransom Everglades Upper School is a historic moment. Ransom Everglades takes the responsibility of being a good neighbor in Coconut Grove seriously. Ransom's plans for La Brisa are visionary and far exceed the City's expectations. The best part is that this private land, inaccessible to the public in the past, will now be apart of the school. The school has a great reputation for being inclusive and focuses on making Miami better and stronger; hence, they will conserve the region for the future. The school itself is evidence of their thinking. Each generation that graduates from the school will appreciate the access to Biscayne Bay and shares the valuable resources with the community. The school's response to Hurricane Irma, and how they dealt with the boats that washed up onto their football field gives evidence of their City of Miami Page 55 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 resilience, strength, and character. We have been proud to be Miamians, and now we urge the City Commissioners to do the right thing for the future. Nothing will conserve the bay more than a string of schools lining the shores, getting to watch the impact on the ecosystem, and feel the urgency to do the right thing. Thank you for considering our plea. Sincerely, Dr. (UNINTELLIGIBLE) and Dr. (UNINTELLIGIBLE). Chair Hardemon: Thank you very much. Ryan Sears: As I stated before, my name is Ryan Sears, and I'm the student body president of Ransom Everglades School. And I'd just like to say that, first and foremost, we're thankful to be here, and it's a privilege and an honor to be here. I think -- I believe that Ransom Everglades has a firm vision for what this property can mean for us going into the future, as we see our world progressing into a more stem -based --a stem -based society. Our school has a firm vision that is in line with that future, and I believe that it would be the right thing for the City of Miami to support our move into this La Brisa property. Chair Hardemon: Now, what year are you? Mr. Sears: I'm a senior. Chair Hardemon: Are you apart of the Exchange Program? Mr. Sears: I was not part of the -- Chair Hardemon: Why not? Mr. Sears: -- Booker T. Well, I'm -- I actually applied to the Booker T. Exchange Program this year, so I'm awaiting to hear the response, whether I'm accepted to go into it or not. Chair Hardemon: I'm sure you'll get accepted. Mr. Sears: Thank you. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Eric Bodin: Eric Bodin, 1529 Northwest South River Drive, Miami. This is a project that's in Commissioner Gort's district here. This is a proposed zoning change for the area; those three lots that are on the Miami River. I'm not speaking for or against it, but one of the things that happens when we do come up with these good ideas is that we have unforeseen circumstances that happen later. We had the issue with the ballpark and traffic flow from there during -- after the games, and what happens now is it's -- 14th Court, when the game is over, it's packed, everybody's trying to get out, go up 17th and get up to the freeway. But if the bridge comes up, you know, we're dead stopped. So any type of project that comes in here, I think we should address just not what the daily traffic is, but event traffic. One of the things that happens is, is that we haven't looked at the possibility of what freeway authority is going to do with the exit; changing the exits onto 17th Avenue and propose putting another lane in there. We haven't looked at that. It hasn't been in any of the meetings I've gone to. So I think we should take considerable time and see what that's -- actually going to happen to whatever project goes in there. So I appreciate you looking into that, and we'll make a good determination. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. City of Miami Page 56 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mindy Cassel: My name is Dr. Mindy Cassel. I'm requesting your approval of zoning that would permit the unification of Ransom Everglades School campus with La Brisa in Coconut Grove. I'm a strong proponent of this unification on several fronts, given my long history with Ransom. I am the CEO (chief executive officer) and co-founder of the Children's Bereavement Center, an organization that provides peer support to grieving children and families. We have been the fortunate recipient of Ransom's generosity for over 16 years. Our groups meet weekly on the Ransom campus in donated rooms of the school. Along with other programs in the community, such as Breakthrough Miami and St. Alban's School, Ransom has embraced the community's children and families. They share their resources, their talented staff and students, and their beautiful campus to improve the lives of others. I'm also the wife of an alum, and the parent of four Ransom graduates. I have witnessed the benefit of the school's mission set out by Paul Ransom over 100 years ago that the purpose of a fine education is to improve the world. Ransom not only teaches its students about philanthropy; it demonstrates compassion and responsibility to the community in the programs it embraces. As parents, we've had the privilege to witness how our children and their peers from Ransom have all become facilitators of positive social change, taking on causes that matter. Finally, as a neighbor of Ransom Everglades School, living doors away in the Cloisters community in Coconut Grove, I am grateful for the culture and value brought to our community, given Ransom's expansion of facilities. Beyond offering a world-class education, Ransom has brought concerts, world-renowned speakers, the TEDx and art shows for generations to Coconut Grove. Its presence has brought recognition and value to our neighborhood. The expansion of the campus presents additional opportunities for learning and a larger student base of Ransom students, as well as opportunities for greater engagement and program offerings for the larger community. I hope that you will support the unification of the Ransom campus with La Brisa, and thus continue to enable Ransom's contribution in the educational excellence and community betterment to evolve with this opportunity. Chair Hardemon: Thank you very much. Now, are you back? Ms. Tacher: I'm back. Chair Hardemon: I see. Someone must have liked how you read the last letter. Ms. Tacher: But this time it's from me; it's from my experience. Chair Hardemon: It's from you? Ms. Tacher: Yeah. Chair Hardemon: Okay. Ms. Tacher: So I read a letter from the principal of Booker T. -- Chair Hardemon: Yes. Ms. Tacher: -- but I, myself, was part of the Booker T. exchange last year as a junior. I hosted a girl for a week at Ransom Everglades, and then this year I received the news this morning that I've been selected to travel to Booker T. later this month for a month -- I mean, a week, to -- Chair Hardemon: So congratulations. So that means the student body president, either he doesn't check his email or he didn't get selected, but, you know, I think that he should be selected. Who all thinks that he should be selected? Right? Right? City of Miami Page 57 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Applause. Chair Hardemon: I think so. Ms. Tacher: Yeah, I agree, I agree. He probably didn't check his email. Chair Hardemon: He probably didn't check his email. Ms. Tacher: Let's just hope. Chair Hardemon: Yeah. Ms. Tacher: No. But I really did want to say that it's one of the experiences that has changed my outlook on a lot of things. It -- Ransom really allowed me to immerse myself completely into this program and meet the most amazing people that I know that I would have never come across, and it's unfortunate -- if it wasn't for this Exchange Program, and it's people that I still talk to, to this day. My girl last year, she's a senior now. She goes to FIU (Florida International University). She enrolled. And we talk a lot of the times. We like Snapchat and text; and like, she lets me know how she's doing. And it's just like an amazing program that I think that our generation needs in order to be leaders of the future to come across diverse perspectives in order to succeed. So yeah, I just wanted to say my outlook on that. Sorry. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Edgardo Defortuna: Good afternoon. My name is Edgardo Defortuna, and I live at 500 Bay Lane. I am a very proud parent of two children at Ransom Everglades, and I think that it's the best school in Miami, certainly, and if not the nation. And I'm also a member of the board of trustees, and I can assure you that for over 20 months now, we've been working very diligently -- all the board members, the staff, every consultant that we have -- in very, very -- being very, very sensitive about all the potential aspects and impacts that this SAP (special area plan) has. And I really strongly suggest and encourage you to approve this, because this is the best for the benefit of the community and for the future of Ransom Everglades. Thank you very much. Chair Hardemon: Thank you very much. Hello. Claudiana Ramirez -Carom: Good afternoon. My name is Claudiana Carom, and I'm in favor of Ransom Everglade [sic]. I live in Cloisters on the Bay, at 3471 Main Highway, so I'm just in the same street as Ransom and the La Brisa property. I also have an eighth grader in Ransom, and I'm a proud parent of Ransom. Coconut Grove is a great community, but what makes it great? There are many answers to this question, but the very first that jumps in my mind and the reason why my family moved to Coconut Grove in 2008 was because it is surrounded by the best private schools in Miami. The schools gives our neighborhood a difference ambience from others. These schools are magnets to people from other areas to come to ours. From my personal experience, I can assure that everyday families from Key Biscayne, Coral Gables, Pinecrest, Miami Beach, South Beach, et cetera, drive all the way to Coconut Grove to drop and pick up kids. This brings activity and wellness to our neighborhood. I love to see all these kids going for a movie or having an ice cream after school, or their parents taking a morning coffee or lunch. The fact that these great schools are here bring light and success to the local businesses in our neighborhood. We should be thankful of the prestige Ransom Everglades brings to our neighborhood. We should be proud and support the school in their interest of becoming better. I not only support the approval of the City of Miami Page 58 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 construction plans in La Brisa and to join it to the campus of Ransom Everglades, but applaud them in their great effort to enhance its campus and offer a greater experience to the students. Ransom has always been recognized as a school with not only excellent academic standards, but the top of our nation. This school has the highest standards of responsibility with society and the environment, which can be proved through its decades of existence. This is a step forward from Ransom Everglades in Coconut Grove. Let's support them in their campaign of reinventing excellence. And another thing: For the people who lives in Camp Biscayne, who are opposing, my community, Cloisters, also is in border with another school; that is, St. Stevens, and that's -- I just can tell them that it's such a great thing to border with a school. It's like the -- you know, it's a great experience, and I can tell them because I do it. I do live in the border. So thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Roxanne Rodriguez: Good afternoon, City of Miami Commissioners. My name is Roxanne Rodriguez. I live in 218 Southeast 14th Street. I'm representing the (DOCOMOMO), the international advocate for Documentation and Conservation of Buildings of the Modern Movement, which is thousands of members that span 70 countries. It's kindly aware of the historic Babylon apartments located in the Brickell neighborhood of Miami. As the leading organization in the United States, committed to supporting the preservation of modern architecture, we, along with our local colleagues in DOCOMOMO U.S. (United States), Florida, urge you to take immediate action to save one of the buildings --first buildings designated by Miami's own internationally famous firm, Arquitectonica. The bold and futuristic design for the Babylon apartments thrusted Miami into the international spotlight in the 1980s and represented a new modernism in Miami. As you are no doubt aware, the Babylon apartments are of exceptional historic importance, and anything outside the preservation will be a terrible loss for the City of Miami. We believe the building has the capacity to be a cultural attraction for decades to come and a modern tourist attraction if restored with such an opportunity in mind. We appreciate your time and consideration of this historic and iconic building. Sincerely, Liz Waytkus, executive director. Yes, to save the Babylon. Thank you. Chair Hardemon: That's pretty good. Michael Weiser: Hello. My name is Michael Weiser. I'm a resident of 1331 Brickell Bay Drive, in Miami. I am also the chair of the board of History Miami, though I'm I am not here in that capacity; rather, in the capacity of a citizen concerned about preserving the history of our city. I believe that venerability is relative. I'm a native of Chicago. And 50 -odd years after the Chicago Fire, the city moved to save two structures -- the pumping station, and the Chicago Water Tower - - that became the center of Chicago's renaissance as an architectural hub in the United States. We're a new city, and Babylon represents some of the best thinking that's come to a new city. We should preserve that thinking and preserve that architecture and preserve Babylon. Thank you for your time. Chair Hardemon: Thank you, sir. You're recognized, sir. Edward Lugo: Hello. I'm going to pass out some literature. Edward Lugo, FOP (Fraternal Order of Police), 710 Southwest 12th Avenue, the president. Chair Hardemon: Let me ask you a question -- Mr. Lugo: Yes. City of Miami Page 59 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: -- before you continue. Is this regarding any of the PZ (Planning & Zoning) items? Mr. Lugo: PZ. 13. That's the historic building, right? Vice Chair Russell: Babylon. Chair Hardemon: Babylon. Mr. Lugo: Huh? Chair Hardemon: This is --this, what you just passed out -- Mr. Lugo: It has to do with it -- Chair Hardemon: -- (UNINTELLIGIBLE). Mr. Lugo: -- with PZ. Chair Hardemon: Let me explain something to you. Mr. Lugo: Yes. Chair Hardemon: If you speak -- Mr. Lugo: Yes. Chair Hardemon: -- right? -- because I generally give the FOP and its representation more generous time. If you choose to take advantage of the public comment time to talk about something that's not on the agenda -- Mr. Lugo: Well, it has to do with the -- it has to do with money, the historic of -- Chair Hardemon: Just -- I want you to understand what I'm saying to you. Mr. Lugo: Yes. Chair Hardemon: If you use this time, you will lose your credibility with me. If you lose your credibility with me in regard to my confidence in you in talking about what's on the agenda, then you're going to put yourself in positions where, when you need the time, you're probably not going to get it. You understand what I'm saying to you? Mr. Lugo: I only need a minute, and it has to do with it, because it requires funding. Chair Hardemon: Okay, go ahead. Mr. Lugo: Apparently, the reason I'm bringing this up is because it has to do with funding; PZ.13, you want to restore a historic building, which costs money, which you aren't funded for. And apparently, you not only have realized how incompetent the City Attorney's Office has become; you were all told that you won the State (UNINTELLIGIBLE) prevent FIPO (Firefighters and Police Officers) from making payments, and they were wrong. FIPO is making permits [sic] as they were in 2010. And now that the City Attorney hasn't realized you've won, you filed an emergency motion and sent it to the Third DCA (District Court of Appeals). And all I'm asking is if one of you can call for an executive session and stop the antics so we can sit down and discuss it with the City. The Budget director was here earlier, and stated City of Miami Page 60 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 that the FOP was negotiating with the City. That is a straight lie; we are not. So all I'm asking is for the City's time to sit down with us before it's too late, and thank you. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: I have a question. How -- with regard to the Babylon historic designation, how you see that costing the City money. Mr. Lugo: Well, if you're going to restore it -- Vice Chair Russell: Who's going to restore it? Mr. Lugo: If you guys wanted to make an historic site -- you can't just leave it there -- you have to spend money to put it up to date. Vice Chair Russell: It's not a City property. I understand what you're trying to do here. You're trying to make a connection to use this time to tell your own story and discredit our City Attorney and cause some distraction here. And I don't -- Mr. Lugo: I'm not causing distraction. Vice Chair Russell: -- know that it's exactly appropriate, honestly. I understand the merits of what you would like to talk about with us or with the management, but I don't believe this is the right way to do it. Chair Hardemon: And I tried to give you the opportunity to realize that, but, you know, you just didn't see it my way. Like I say, I give the FOP, an organization that represents individuals who work very hard for this community, people -- even including my mother -- right? We have someone here who's taking notes, a stenographer, if you will, so all of this is completely on the record for you to be able to use later on, but I just don't think this is the appropriate time. And now we've gone well beyond the time that you had allocated, because we have to have this discussion. And so, we appreciate you bringing this issue to our attention. It was brought to our attention earlier today, and I'm sure the City of Miami is going to deal with it accordingly. But thank you very much for your time. Mr. Lugo: Thank you for your time. Chair Hardemon: Absolutely. You're recognized, ma'am. Megan Tamacio: Good afternoon, Commissioners. My name is Megan Tamacio. I live at 218 Southeast 14th Street. I'm speaking about PZ.13, the Babylon. I just wanted to, well, take credit for the petition that you guys have been getting. The community's, at this point, has gotten 374 signatures to preserve the building. Its been a long road. If you guys have all seen the notes, we have architecture critics, we have architects; we have the noted historian, Arva Moore Parks, in support of this building. One of the principal architects ofArquitectonica said, If they were to demolish this building, it would be an act of cultural barbarism. " There's some severe talk about this. This is not just the neighborhood, but, really, I am here to speak about the neighborhood, because, regardless of its status, it is a landmark. It's, "Let's meet at the little red building for the coffee. We'll go for the walk from there. " You know, if you pass the little red building, you've gone too far. You've passed my building. Its a part of the fabric of the neighborhood. And with Dr. Jackson's house, and then this modern small building, you start to have character of City of Miami Page 61 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 a neighborhood; it's not just high-rises, and it's not just concrete, which is all great, but there's something about the character that diverse buildings lends to a neighborhood, in my opinion, you know. What's the greatest part of New York City in Manhattan? It's the West Village; it's not the Midtown, with the huge high-rises. The best part of Hong Kong: the riverfront and the small shops off the vernacular; not the huge towers. These are the things that make a neighborhood more than just, you know, people moving and people who walk around; they use the area. And people take self es in front of that building. Its Instagram bait. You have people that love it for --just because it's speaks, and it says, "Hi. I'm Miami. " You know, I'm not a native of Miami, but that building, for me, is so Miami, it doesn't get any more Miami for me. So for me to say that building started it all, and that building, to me, represents an architectural path -- You know, that's why Zahadid (phonetic) wanted to build here, because we're saying, "We're a city of the future. We want to have unconventional buildings and great design, and we're concerned with not only our past, but our future, " and I feel like it started there. So for me, as a member of that neighborhood, it's an important building just because, you know, I like looking at it -- let's be honest -- but also, I think it's important as a fabric of the City. Thank you for your time. Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am. Theodora Long: Thank you. My name's Theodora Long, and I live at 901, Northwest 14th Court. I'm here also to talk about historic preservation. I live in the neighborhood called Grove Park, and I'm also speaking on Items PZ.23 and PZ.24. The items -- the item in both of those zoning is -- the developer is asking for a double zoning change. Grove Park is a historic, six -block neighborhood along the Miami River, between Northwest 7th Street and Northwest 17th Avenue, with beautiful mature trees. Grove Park began in 1917. Dr. Paul George has a walking tour of Grove Park through History Miami. If the neighborhood was not significant, History Miami would not be offering tours. A T4 zoning will allow for commercial use in Grove Park. Commercial use will be a death sentence for Grove Park. Back in 1984 a yacht broker, called Kadey Krogen, who used to make beautiful yachts, ran his boat business from the exact address, 1515 Northwest South River Drive, which is asking for the zoning change. The City of Miami Zoning and the Grove Park Homeowners Association had to bring him to court, and he had to vacate his business from this address. The Grove Park Homeowners Association was founded in 1985 to preserve our neighborhood. By allowing a T4, you're allowing a boatyard, a marina, a daycare, recreational facilities, religious, and schools to enter our current single-family residential neighborhood. I urge you to protect our neighborhood and to reserve it for all of Miami, just like the gentleman just before said. We're a young city, and we don't have a lot of old buildings. I would suggest, if you do decide to go with T4 that you put a covenant or a restriction that only residential living can take place on these particular properties. I would vouch that we should not go any higher than T3. Of course, I would suggest that the City Commission respect and conserve and preserve our precious Grove Park neighborhood. Why can't the 64 rental units be built someplace else? You're removing three single-family homes and putting 64 rental units. Again, there's been no traffic study done. All the streets in Grove Park are one way, so we're going from six cars, from three families to about 120 cars all overnight. Also, on the three properties, there are historic, hundred -year-old oak trees. I understand and we've all witnessed that, you know, there's mitigation of trees. I happen to run the Marjory Stoneman Douglas Biscayne Nature Center. Mr. Sears: Excuse me, ma'am. Your time has expired. Ms. Long: Oh, it's up? I apologize, but thank you. City of Miami Page 62 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Sears: Thank you. The next person up, please. Ana Roca: Thank you very much. I'm Professor Ana Roca, Professor Emeritus, from Florida International University, Department of Modern languages. I'm also a very proud mother of Juan Gabriel Roca -Paisley, "Juanchi," who, I think, spoke here. I missed him, but he spoke. I don't have a prepared speech, but I want to say that I fully support what Ransom is proposing. I cannot be more proud of what they are doing and their place in the community. I first became more acquainted with Ransom; not when my son started there in the middle school, but when I was a judge for the Miami Herald Silver Knight Award. I had the pleasure of interviewing and judging some of the wonderful students that came from that school. All I know is that Ransom Everglades, from what I have seen as a parent, does things right. And I think that you can rely on them and the work that they're going to do and the work that they have already done to get things done right, and I think this property can only enhance Coconut Grove. If you think about it, in the evening, the school is closed, unless there's an event going on, so there's going to be no noise coming from that property. When they do have events, they always have the correct and appropriate help that they will need from police officers, who might help with tray5ric, and so on. They have wonderful events for the community. They are fully engaged. And it is really an honor to have Ransom Everglades, which is one of the top two, if not the top, prep school in the entire country that really brings a lot of prestige to Miami, and particularly to Coconut Grove. So I want to say that I'm very proud and that I fully support it; not just as a parent that happens to have a son there, but as a citizen who knows Ransom Everglades. Thank you very much. Mr. Sears: Thank you. Next one up, please. Andrew Genden: Hello. Andrew Genden, on behalf of Caroline Weiss, who resides at 3187 Royal Road, which is the property that abuts Ransom Everglades on its Southern border. I'm here to object to PZ. 14 and 15 on behalf of my client, Ms. Weiss. I'd like to bring to this court -- this Commission's attention that my client has filed a complaint in the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, this afternoon for declaratory relief, permanent injunction, and breach of contract against Ransom Everglades in regards to these proposed plans, as well as agreements that Ransom Everglades has breached and continues to breach against my client regarding her property and the property that abuts her property at Ransom Everglades on Royal Road. Thank you so much. Mr. Sears: Thank you very much. I recognize the man to my left. Christine Rupp: Hi. What's your name? Mr. Sears: I'm Ryan Sears. Ms. Rupp: Hi, Ryan. Chair Hardemon: Student body president. Vice Chair Russell: You can call him "Chairman. " Mr. Rupp: "Chairman. " That's great. Christine Rupp, executive director, Dade Heritage Trust. I'm here to speak about the up -zoning and the -- well, the neighborhood Ms. Long spoke of, and also the Babylon. You know, when I first came on as the director of Dade Heritage Trust, that neighborhood along the Miami River was one of the areas that we thought would be right for historic designation of a district, and I reached out to City staff; at that time, the Preservation Officer was Meagan Schmidt. And as we know, in the Historic Preservation Office, there's been City of Miami Page 63 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 a lot of change. And so, being able to do that survey work and appropriately designate, that neighborhood has been somewhat problematic, but it certainly meets the qualifications as far as we can see, and we were just in the beginning efforts to build some consensus in the neighborhood to protect that lovely area, and the up - zoning is a bit troublesome; not that Dade Heritage Trust is anti -development or doesn't feel that Miami should change and evolve, but as we all know, when up - zoning occurs, sometimes it's just the beginning of a cycle that doesn't change; and then, before you know it, the whole neighborhood has evolved in a way that nobody perceived on that first step. So I hope you will really take careful consideration about this decision to up -zone those three lots along the river that were -- that are single-family homes right now. And as far as the Babylon is concerned, you know, we're neighbors of that lovely building, and we do believe it should be preserved. You know, with a little bit of thought and imagination, that distinctive building could be turned into an art center, an art gallery, a community center for education, arts education, artists in residence. I think someone with a creative mind could look at that building and its architectural and historic integrity and really make that a special part of the neighborhood. So I hope you will abide by the Historic and Environmental Preservation's [sic] Board decision and uphold that designation. Thank you. Mr. Sears: Thank you. Ms. Tacher: Thank you. You've been recognized. Alitza Weiss: Good afternoon, Commissioners, ladies and gentlemen. My name is Alitza Weiss. I have -- I am the daughter of Caroline Weiss, the owner of the property on 3187 Royal Road. I want to thank you all for being here and to listening to all of us. I am here on behalf of both Ransom Everglades School on my own, as well as my mother. I am a graduate of Ransom Everglades, and I love my alma mater. I think it is one of the best schools in the entire nation, and I am proud to be here representing an alumni of Ransom Everglades School, too. I also live adjacent to Ransom Everglades School, and have been living there since the age of eight years old. And throughout the time being, when I was going to school, it was great, because I just had to hop over the fence to get to school. But during the interim, there were certain covenants that were placed with Ransom and my parents when my father was still alive -- Jack Weiss -- and those -- one of those certain covenants was that there was supposed to be a barrier of trees on the -- between the adjacent properties, between the contiguous adjacent properties that Ransom never did. Time went by, hurricanes went by, things got -- things became fallen upon the side, and then Ransom decided to purchase the entire -- the remaining lots on Royal Road. One of the covenants that Ransom had with the remaining lots on Royal Road was to put a wall, starting from Main Highway all the way down to where our property starts; that has not been fulfilled. It has not been fulfilled also because Ransom has not torn down the homes that they want to include in this SAP. I am here today on behalf -- that I would like to have a happy medium between Coconut Grove, my alma mater that I love, my mom that I love, our property that I love, but I would like that Ransom just respect the covenants that had been made in the past. And with that, I agree with Ransom embracing (UNINTELLIGIBLE) La Brisas [sic]. I think it's important. I think that Ransom needs it, and I think that it's a -- one of the -- a great thing that Ransom Everglades is able to do with the fruition of the different financial situations that they're able to have between alumni and donations, and I look forward and I truly hope that there can be a reasonable agreement between Ransom and my family, so that we all live very happily ever after. That's all I have to say. Thank you for your time. Ms. Tacher: Thank you very much. Next up. City of Miami Page 64 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Webber Charles: Good afternoon. I'm here speaking on behalf of Ransom Everglades School. I am the senior site director of the Breakthrough Miami Program at Ransom, and I just want to speak on behalf of the importance of this institution to the community. Ransom Everglades has been kind of the anchor of the Breakthrough Miami Program in Miami -Dade County. As you know, we have six locations, and we serve 1,400 students in Miami -Dade County; 95 percent of them being public school students, and Ransom Everglades has been a home for those students on Saturdays and on summers for the past 26 to 27 years. The program has facilitated the collisions of Breakthrough families and Ransom families and families in the Coconut Grove community that come together and crowd -source resources and human capital to the betterment of public school student all over this community. And so, yes, I'm here in support of Ransom Everglades and the improvements they need to make. They are incredibly generous to the 1,400 students that we serve. They serve as the leader within -- in terms of the head of the school and the administration, in terms of the direction that Breakthrough Miami goes in. And so, we are herein full support. They're incredibly generous to the students that attend the school, and they've allowed us to create and form all these amazing relationships with some of the students you see sitting back here. And so, I'm in full support of that. I understand the plight of those that live next to Ransom and have grievances, but you live next to a school. The impact and their -- on your property value and the investments in the Coconut Grove community is impacted positively by being located next to Ransom Everglades -- Mr. Sears: Excuse me, sir. Speak through the Chair, please. Mr. Charles: -- so you can't cut it two ways. Mr. Sears: Speak through the Chair, please. Mr. Charles: I'm sorry. To the chamber [sic]. I'm sorry. So you benefit in a lot of ways from the improvement that Ransom Everglades will make on their campuses, so you can't cut it both ways. Ransom has made themselves inconvenienced by hosting us for 26 years, because it's a benevolent act, and so we ask our neighbors to be inconvenienced a little bit, because this is a benevolent act. It will impact not only the paying customers that go to that school, but it will also impact another 1,400 public school students that benefit from the resources that are at Ransom Everglades. Thank you for your time. Ms. Tacher: Thank you very much. You've been recognized. Caroline Weiss: Good day, Commissioners, ladies and gentlemen. My name is Caroline Weiss. I live at 3187 Royal Road. I have been living there since 1972, and our differences has gone back as far as 1989, and have been heard before the Commission here. Commissioner Carollo was present at one of those hearings. And we still have all of the contracts, agreements, which you will find that they have never been fulfilled completely. Every time there's an issue here at the City of Miami, Ransom Everglades comes to a meeting and enter into an agreement, and we will do this, that, and the other, and then the time passes. And being good neighbors and very friendly with Ransom, every time they need our waterfront property, I give it to them whenever they ask, without any hesitations. There is an agreement with Ransom that was entered in 2010, which has not been fulfilled, and I have been forced to expend money and file it in the Eleventh District in Dade County. Granted that the school has been therefor over a hundred years, but I have been therefor 45 years. I think the noise from Ransom Everglades, the students, the bell at all different hours of the day and night, agreements as to when they can have the sports from 3 to `XYZ" hours, has never been maintained. I have excellent relationship with Ransom, but then I think the principles of the agreements must be maintained, City of Miami Page 65 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 and they're extremely relevant and pertinent to be a good neighbor. You can't have it one way or another. Granted, Ransom Everglades is a nonprofit foundation, but they charge as much as $45,000 a student, so it's not that they are looking for sympathy from here. Again, at the same time, Ransom sent out emails to students that have graduated over 30 years ago -- most likely, they are grandparents by now - - to come and attend. Ransom Everglades has always tried to use the power of the people, the parents, the wealth that is behind them, and I like to call them the "Chinese Wall, " because you can't fight with it. I am here objecting to PZ. 14, PZ. 15, and also, I'm happy that they amended it to include Las Brisa's, which give me another bite of the apple to object to what they are doing. So therefore, I would like to enter an amicable relationship. I met with the head mistress; I told her the issues at hand. There are exactly four items. I'll be very happy to sit back and work out these issues. In 2010, they gave me $50,000 to close the street, which went directly into the escrow account of Gilberto Pastoriza, attorney. And in closing, the street, we have to do a re plat. I have attempted to have them sign the re plat on three occasions, so as to set a date for the hearing before the City Commission, and they never come back with any signed documents; not even a response in writing. From that $50,000, I have already expensed about $13,000, which went for engineers, architects, and surveyors. Again, I'd like to say that living at 3187 Royal Road has not been easy. Many times, starting from Commodore Plaza to my home, it has taken as much as one hour because of the traffic, and the police that's guarding the traffic has the final say-so when you move and when you don't move, so therefore, the traffic on Main Highway is enormous, and I don't think it can support any more students there. They have a lot ofproperty -- Ms. Tacher: I'm sorry; your time's up. Ms. Weiss: -- and I'm very happy for it. Thank you, everyone. And I hope that we can reach an amicable solution with Ransom directly. Thank you. Ms. Tacher: Thank you, too. Mr. Sears: Is there anyone else that would like to speak or comment? Ms. Tacher: Been recognized. Gary Feinberg: Hello. My name is Gary Feinberg. I live at 1520 Northwest 9th Street, in the neighborhood of Grove Park. I think before you today is a proposal for zoning change of three lots along River Drive. Currently, the zoning's T3; the proposal is calling for T4, which I believe is an appropriate zoning change. Spring Garden, a comparable historic neighborhood on the north side, also has T4 zoning along the riverfront. I think the neighborhood is special, but it is at risk from all sides, especially the riverfront. I walk my dogs there every night. And most days, most nights, that bottom part of -- it's actually called Northwest 16th Avenue -- is all muck. It's -- the seawall is too low; water is coming in. That whole area, at some point, is going to collapse into the river. This proposal calls for the fortification of that higher wall, an improvement of that little mini park, and also 300 feet of riverwalk open to the public in front of this project. All that, I believe, is a great benefit to the City -- to the citizens of the City, and it brings a lot of interest to the riverfront, where people sometimes don't know about it and can't get to it because there's no public access. So I think -- given what's happening with climate, I think that something has to be done sooner than later. And this project is sensitive to the neighborhood and I believe will be an improvement to the greater good of the City. Thank you. Ms. Tacher: Thank you. City of Miami Page 66 Printed on 03105/2018 City Commission Meeting Minutes January 25, 2018 Adam Gettinger: Good afternoon, ladies and gentlemen. My name is Adam Gettinger. I own one of the homes in the neighborhood that the subject property is situated nearby. I live at 1611 Northwest South River Drive. And like most Americans, I've got almost all my net worth in my home. Mr. Sears: Excuse me, sir. Which items are you speaking to? Mr. Gettinger: Adam Gettinger is my name. Mr. Sears: Which item are you speaking to? Mr. Gettinger: Oh, the same item that the gentleman just spoke about regarding -- Mr. Sears: Thank you. Mr. Gettinger: -- zoning change for 1515, 1529, and 1543. I'm not sure who asked the question. Ms. Tacher: Thank you. Mr. Gettinger: Great. Thank you. So anyways, I agree entirely with the gentleman that just spoke; however, my concerns are slightly different, in that we see it as a dissimilar use to the row of homes that surround it, and that does not make us feel comfortable at this point. We'd like some sort of assurance that we won't be stuck T3 while they're approved as an island of T4, and at this point we have no assurance of that, so we feel like our home values could be negatively impacted. Should we have some assurance that we would be approved for T4, we see it as not just a potential negative impact to our home values; we see it that the whole waterfront should be rezoned as it is in -- what the gentleman who spoke just before me mentioned -- in -- I believe it's Spring Garden; or Grove Park, I believe. So we'd like some assurance or, perhaps, an entire rezoning of the street, because we feel like having a 60 -unit apartment building within our row of homes is going to make our homes unmarketable as homes. And should we be stuck with that 60 -unit apartment building and not approved for our zoning change, we're going to lose most of what we worked for all these years, which is in our homes. So that's our concern, and we'd like it addressed in some way, whether it be a contract before us and the people applying for the zoning change or, you know, perhaps -- I don't know. I don't know the details of how things work, but if they could draw up a contract that would basically assure us that they will not break ground on the new project, nor will they sell, we are in support of the zoning change, but we would also like to apply for the same zoning change. We don't want to apply and be denied, end up with a 60 -unit -- and I'm sure nobody else would. If they were going to build a 60 -unit apartment building, then you -- next door to any one of your homes, I'm sure you'd be in opposition as well, or concerned about the equity you have in your home. So that's where I believe most of us stand; and I've spoken with other homeowners along South River Drive, and we're all worried about that. We know that the City's changing. We know that it would be an excellent development site. We're just worried that we'll be stuck with a dissimilar zoning along our row of homes, making them unmarketable as homes. So we would like to -- I mean, ideally, if we could rezone the whole street, I think we'd all be in support, but if we cannot, we'd like some assurance that there will not be -- understood; we're low on time.. Thank you. Thank you very much -- Ms. Tacher: Thank you very much, sir. Mr. Gettinger: -- and have a great day. City of Miami Page 67 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Tacher: You've been recognized Arva Parks: Good afternoon. My name is Arva Parks. I'm a historian and a preservationist since the 1970s, so I've seen a lot of change in this City. I'm in favor of the designation of the Babylon. I think that the new name, kind of Miami Modern. We've moved into a new architectural era where we're -- time moves on. It is a famous architectural firm that calls Miami home that was produced out of our city, Arquitectonica, the first major building that they built. And it's like having the opportunity to tear down Frank Lloyd Wright, or somebody like that, before it was as old as it got to be, and we have an obligation to future generations to tell this story. Some people have said that it's not historic. Well, that's kind of ridiculous to me. Time moves on, and as I said, Miami Modern is now the next historic era. And I remember very well when Barbara Capitman was trying to get me to come see Art Deco, and I remember the first thing I said was, "What is Art Deco?" And then I thought she was crazy, because I knew those buildings; they weren't historic. They weren't old. But finally, to shut her up, I went over there to see it, and I changed my mind about everything. And look what Art Deco has done for Miami Beach, and now Miami Beach is moving forward on Miami Modern, as well. I've also spent a lifetime of hearing salt water sand, bad construction, water falling down. I mean, if - - every preservation project I think I've ever fought, somebody has said something like that. Our job is to tell the people who own the building the incentives, the advantages of historic preservation, but your job, most of all, is to uphold the decision of your wonderful Preservation Board, and to ask yourself the question, "Does it meet the criteria of the City ofMiami ordinance?" And I don't think there's any question that that is true. Thank you. Ms. Tacher: Thank you. Is there anyone else that would like to come up and speak? Skip Alligood: Yes, ma'am. I'm Skip Alligood. I live at 1603 Northwest South River Drive. I'm adjacent to the development for the PZ.23, 3403. L more or less, echo Mr. Gettinger's comments relating to the neighborhoods changing. None of us bought our homes with any anticipation of leaving, but the fact of the matter is, the world changes, Miami's changing, and the Miami River's changing. And so, maybe there's a better use for this land today than there was 50 years ago, and we're certainly open to that, but I think we would like to be apart of it. So we're certainly not opposed to it. We're actually in favor of it, provided that we could be, you know, included. There's a lot of -- I'll just say, bad behavior that goes on in that U-turn, that open area after dark. In fact, nothing good happens. So, if there's a way that we could, you know, clean that up and all work together, you know, to make the area, you know, nicer, we're certainly all for that. I've had several vehicles stolen outside my place. There is a lot of loitering that goes on in the area, because there's not a whole lot of people there. So I think, maybe if there 's a way that, you know, the Commission could study the whole street, the whole area that, perhaps, there's a better use for that land. Thank you. Ms. Tacher: Thank you. No further person, we'd like to close public hearing. Thank you all so much. PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: Welcome back to the January 25, 2018 meeting of the Miami City Commission. We are at the 2 o'clock afternoon session. What I'd like to do right now is direct my attention to the Administration. Are there any items that need to -- that -- where the parties wish to have their matters continued, deferred, or withdrawn? City of Miami Page 68 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Francisco Garcia (Director, Planning): Yes, there are, sir. There are a number of them, and I'd like to read them for your consideration. Chair Hardemon: Please. Mr. Garcia: For the record, Francisco Garcia, Planning director. The items are as follows: Item I is being requested to be continued to April 26; Item PZ.4, continued to February 22; Items PZ.5 and 6, which are companion items, indefinitely deferred; Items 7 and 8, also companion items, are being voluntarily withdrawn; Items 9 and 10, companion items, continued to February 22; Item 22, continued to March 22; and Items 27 and 28, companion items, continued to February 22. Chair Hardemon: Can you repeat the last one? Mr. Garcia: Certainly. The last set I mentioned were Item 22 -- PZ.22, to March 22; and Items 27 and 28, which are companions, to February 22. Chair Hardemon: Are there any other items that any of the Commissioners wish to withdraw, defer or continue? Hearing none, is there a motion to --? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved, and seconded by the Chair to continue the items that was stated and -- continued or withdraw or defer the items that were stated on the record. So that's Items 4, 5, 6, 7, 8, 9, 10, 22, 27, and 28. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. And did I say Item 1, as well? Item I is also included in there. Mr. Garcia: Item I as well, yes, sir. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Okay. So which item is that? Is that --? So the Commissioners are aware, we just continued, deferred, or withdrew Items 1, 4, 5, 6, 7, 8, 9, 10, 22, 27, and 28. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Okay. Commissioner Carollo: What items (UNINTELLIGIBLE)? Chair Hardemon: Item I is continued -- or deferred, rather; Item 4, Item 5, Item 6, Item 7, and Item 8 were withdrawn; Item 9, Item 10, continued; Item 22, and then Item 27 and 28. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Oh, there's more? Because we're still -- we haven't -- Commissioner Carollo: No, no, no, no. City of Miami Page 69 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: What are the new ones? Commissioner Carollo: I don't have any. Chair Hardemon: I got it. That was good. Got it. I got it. Commissioner Gort: The one I heard was 7, 8. Chair Hardemon: 7, 8 were withdrawn. Commissioner Gort: 10, 22. Chair Hardemon: 9, 10, 22, 27, and 28. Commissioner Gort: 27 and 28. Chair Hardemon: That's correct. Commissioner Gort: That's it. Chair Hardemon: That's all I have right now. Okay. So what I'd like to do right now is open up the floor -- oh, I'm sorry. What 171 do first is I'll have Madam City Attorney read the instructions to follow. Victoria Mendez (City Attorney): Thank you, Chairman. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. 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. 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. The Chairman will advise when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with 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. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided 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 Commissioners 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. Thank you. Chair Hardemon: Mr. Clerk. City of Miami Page 70 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any, any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. Later... Hannah Tacher: Commissioner Reyes, can you please announce what you need on the record? Commissioner Reyes: Yes. Thankyou, Madam. Ms. Tacher: Thank you. Commissioner Reyes: I would like to take the opportunity to make a Jennings disclosure and to inform the public that, per the applicable provisions of Miami 21 and Florida Law, I, as a City Commissioner, am disclosing that I spoke to Javier Fernandez, a representative of the developer on PZ.24 and PZ.25. I also spoke with Amy Huber, a representative to Ransom Everglades, in regards to PZ. 14 and PZ. 15. And I spoke with Jeff Bercow and Ileana Hernandez in regards to PZ.13. This procedure complies with F.S., Florida Statute, 286.0015. Thank you. Vice Chair Russell: Madam Chairperson? Mr. Sears: I'd like to call attention to PZ.13 -- 14. Sorry. Vice Chair Russell: I was just going to give my --same thing. While we're at it, a Jennings disclosure. Commissioner Gort: Which one? Vice Chair Russell: For me, for PZs.13 -- Commissioner Gort: You have to do them all now? Vice Chair Russell: I -- well, since Commissioner Reyes did several at once, I figured I'll get them out of the way. Commissioner Reyes: That's right. Vice Chair Russell: Sure. No, that's fine. The -- PZ. 13, on the Babylon item, I've spoken with the representatives of the property owner. On PZ. 14, I have done site visits with both the Ransom Everglades representatives, as well as the Camp Biscayne representatives, and have met with counsel from both sides. And I believe that is it for me. Such persons, having contrary views of those expressed in the following disclosure, will now be given an opportunity to refute or respond to the foregoing communications or ask for a reset of this hearing in order to prepare proper response. This meeting has no impact on my impartiality in this matter, which I can hear in a neutral manner without bias or predisposition. How did I do? City of Miami Page 71 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Mendez: Thank you. Commissioner Gort: Since we're doing it all at the same time, at this time I'd like to give my disclosure that I met with the -- Jeff Berkowitz and Associates, discussing zoning application PZ. 13, with reference to Babylonian [sic]. The discussion did not predispose me with any decision on this item. My decision is only based on the right (UNINTELLIGIBLE) of the testimony presented to the public. I've also heard from residents in that area. I'm also -- I'd like to bring on PZ23, a Denning -- I met with Ben Fernandez, (UNINTELLIGIBLE), and Fausto (UNINTELLIGIBLE), Jr., and neighbors that we -- from the whole area; that we discuss the zoning application PZ.23 for 1515 Southwest Miami (UNINTELLIGIBLE). The discussion did not predispose me to any decision at the time. My decision is only based on the (UNINTELLIGIBLE) records and testimony presented in this public hearing. Ms. Mendez: Thank you. PZ.1 ORDINANCE Second Reading 1049 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244 SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4 -L, "GENERAL URBAN TRANSECT ZONE - LIMITED", TO T5-0, "URBAN CENTER TRANSECT ZONE - OPEN"; ACCEPTING THE VOLUNTARY PROFFER OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.1 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Part B: PZ - Planning and Zoning Item(s). " City of Miami Page 72 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PZ.2 ORDINANCE Second Reading 3147 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF APPROXIMATELY 1.377 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13737 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.2, please see Item PZ. 3. Chair Hardemon: May we have some decorum, please? Are we ready to move forward on PZ.2 and PZ. 3? Commissioner Carollo: Yeah, (UNINTELLIGIBLE) PZ2 and PZ. 3. Chair Hardemon: All right. Madam City Attorney, are those -- I don't have it in front of me just at the moment. PZ.2 and PZ.3, are those ordinances? If so -- Victoria Mendez (City Attorney): Yes. Chair Hardemon: --can you read it into the record, please; PZ.2? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Representative from the City, Mr. Garcia; recognize you. Francisco Garcia (Director, Planning): Thank you, sir. Items PZ.2 and PZ.3 are companion items. Respectively, they request a land use change and zoning changes for the properties that have been mentioned, and I'd like to provide a couple of background details regarding this application, and then promptly defer to the applicant for a presentation. The applicants have assembled the great majority, I believe, but for one lot in a block that is bounded by Flagler Street to the south; Northwest 8th Avenue to the east; Northwest 9th Avenue to the west; and Northwest 1st Street to the north. This block has three zoning designations. It has T6-12 to the south, fronting Flagler, and that allows a height of 12 stories, by right, and up to 20 stories through the Public Benefits Program. Then on the remainder of the frontage along 8th Avenue, it is zoned T6-8, and that zoning designation is prevalent from City of Miami Page 73 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 that point eastward, all the way to the river, except for fronting the river. And then the remainder of the block -- so essentially the northwest component of the block -- is presently zoned T4 -R. The request before you today is to change the zoning for the T4 -R portion to T5-0, and to change the T6-8 portion to T6-12-0. The recommendation of staff is for denial; however, the recommendation of the Planning, Zoning & Appeals Board is for approval, and I'd like to explain that for a moment. The proposal for development -- and again, I emphasize that the use of the particular project is not the subject of the zoning hearing; however, they have made a compelling proposition that the site is intended to be developed for affordable housing, predominantly, and I think there is certainly a great interest on the part of the City, and certainly, of the PZAB at that time to consider projects along those lines. That said, our concern remains twofold. First, we are concerned with the potential massing of the building, which would be out of scale with the areas to the north and to the west, given that those are kept at three stories. And as you might understand, the transition between three stories and 12 --potentially 20 stories -- is rather significant, so we would like to see that addressed in some specific fashion. And in addition, before you today, as well -- and I'll yield to the applicant quickly -- I believe that they are going to be requesting an additional zoning change for the rear of the property to go sequentially from T5-0 to T6-8 in the near future. So I put it to you that without any other considerations, the proposal, in and of itself, has to be recommended for denial, at least from the staffs point of view, and I would be eager to listen as to whether the applicant has any specific proposals in terms of how to mass -- handling -- how they will handle the massing, the scale, and what the potential uses for the property might be in order to safeguard the interest of the area, generally speaking; but in particular, the properties to the north and to the west. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: If I could make my declarations under Jennings, I have met with both the attorney and the representative for the applicant. Chair Hardemon: Thank you very much. Sir, you're recognized. Bill Riley: Good afternoon, Mr. Chairman, Commissioners. For the record, my name is Bill Riley. I'm an attorney with offices located as 1671 Northwest 16th Terrace; here on behalf of River West Miami, LLC (Limited Liability Company), the applicant to this item. I'm joined today by the principal of the entity, Mr. Alan Amdur (phonetic); our planning and architect consultant, Kobi Karp Architects; and our traffic and transportation consultant, Joaquin Vargas. I wanted to walk through just for a moment the application that's before you; and then, as staff was alluding to, the actual purpose and intent of the application. So I handed out a packet for you so that we could go through it quickly, and that I don't have to bring up as many boards as we have here today, and be a more efficient application and presentation. So the first page shows all the parcels of the property that are subject to the application that's before you today. If you turn to the second page, the second page is the parcels -- and there's nine in total -- that are subject to the land use amendment portion of the application. The third page shows you what the existing land use is for the property, and it shows you what we abut. And we abut the restricted commercial, and on the east side of Northwest 8th Avenue, is the high density, multifamily residential land use designation. The next page of the handout, to move quickly through it, shows you the existing zoning classification for the property, and this is something I want to spend a little bit of time on. So the property that fronts on Flagler is presently zoned T6-12. The property to the rear --and those parcels, each of those parcels have a 50 foot width and 150 foot depth. They're very narrow parcels. And the parcels to the back have the same configuration. They're City of Miami Page 74 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 currently zoned T4 -R. What that means as, as a matter of right, the T6-12 parcels could be developed with a maximum of 12 stories in height, and the T4 is limited to three stories. There is no dividing between the T6-12 and the T4. And what I mean by that, generally, you'll see a right-of-way; you'll see an alleyway; you'll see a water body. You'll see something that divides a high intensity zoning classification with a low intensity zoning classification. In this case, all we have is a fence line; we have nothing else. So you can have a 12 -story building right -- abut the backyard to a three-story building. We think that the appropriate zoning is to have a transitional zoning, and transitioning from higher density on the street frontage to lower density to the existing residential community. One thing that is different by our application than some of the applications that come before you is our property is primarily vacant. A lot of other applications that come before you have existing uses, have existing families on the property, and have displacement issues. We do not encounter those issues in this application. If we're successful today and we have the T5 designation approved, that does several things for us, and one is it provides us the opportunity to have a ability to do community servicing retail, but something akin to a big box retail, and I'll explain that. Our intention is to bring in a national grocery chain provider to the property. With a 50 foot lot width and a 150 foot depth, we cannot do that; we're prohibited from doing that. There are --protocols and design criterias [sic] just don't permit it. We can't do it without the T5 zoning classification that we've asked for today. That will provide us with the depth to accommodate the grocery store provider, but also our other retail units for the property that would include home goods stores and clothing stores, but moderately priced uses, sort of like a neighborhood Publix or a neighborhood Aldi or a Target or a Ross, or something like that; something that existing residents in the community can walk to, shop there, and have that in their vicinity. We don't believe that that exists for the residents in that area today; those types of amenities. It'll also service the future residential residents of the property. And to move forward to that discussion, our proposal is to have a workforce housing project. And what I'd like to do is I'd like if you could flip to the first page of a Declaration of Restrictions that we provided. If you go to the second page, I highlighted one sentence for you. And we have -- I've listened to the Commission. I understand that there's a lot of concerns about covenants and what it means, and how covenants can be tweaked. What I tried to do in this covenant is to provide an assurance to this Commission -- and specifically to the district Commissioner -- that if we are ever to seek any density bonus to the workforce housing ordinance, we either would provide a hundred percent of our units for workforce housing, or we aren't eligible to get any density bonus. So I can't come back to you and ask for -- "Well, we'd like to provide 20 percent," and get some type of bonus; or 30 percent, and get some type of bonus. It's all -- it's either all or nothing. In addition to that, I'd like to talk to you about the size of the retail that we're proposing. So what I mean, community -- meaningful community retail type of development. We are engineering our project to have 150,000 square feet of retail; something that would not only service the people of the community, but create a working opportunity and jobs in the area. The retail component alone would provide 225 permanent jobs; not construction jobs, but permanent jobs after it's created. The residential component alone would provide a minimum of 75 permanent employment opportunities. So we have at a minimum, without the construction component issue brought into the equation, a minimum of 300 potential permanent jobs if the Commission is willing to support this application. And as the Zoning Director mentioned, we will be coming back before this Commission with an additional application seeking additional zoning relief to provide for additional workforce housing units. Our covenant will be substantially the same for that application, if not identical. Now, I'd like to also discuss just briefly -- and then I'd like to answer your questions -- some of our other concessions for the application. So Section 2-417(b) of your ordinance provides that if anybody seeks density bonuses for workhouse -- workforce housing units or impact fee deferrals, or anything like that, they have to provide City preference. And "City City of Miami Page 75 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 preference" means that the residents of the City would have the preference of being the first people to have opportunity and availability to the units that we're proposing to develop. In addition to that, we found out through our research that, unfortunately, this is one of the highest crime areas in the City of Miami. We reached out to the area commander. We cooperated with them to try to alleviate crime, and we posted signs on our property to allow them to come into our property at any time to investigate or do any activity they would like to do. We also talked to them about the opportunity to have a mini police substation. They seemed very interested in that. We would like to voluntarily proffer that we would have a mini police substation if the Police Department and this Commission wants it, designed to the specifications of the Police Department as part of our project. That would provide a local onsite police presence. We think it would be beneficial to the residents of the community. Lastly, I'd also like to talk about what I have observed from the Commission with regard to your Housing Development Office that the Commission has talked about and has done a workshop. We want to be good stewards of the community. We think it's important, not just only on this application, but for any application. So we would like to voluntarily proffer for this application a contribution of $500, 000 to that trust fund as part of helping alleviate the workforce housing and affordable housing issues in the City. I'll also tell you that when we come back for the second application, we will -- we expect that we will bring back forth a additional voluntary proffer at that time, as we work through the project. The last thing I was supposed to -- my client wanted to make sure that I highlighted is that they want to engineer the property correctly. And when I was talking about safety, there's a safety issue whenever you combine the retail and the residential parking together. In order to alleviate those safety issues and traffic conflicts onsite in the parking garage, we are engineering the property to have subterranean parking that'll bifurcate those uses, and to make sure that the retail of 150,000 square feet that we are committing to is something that is feasible. With that, I have a much longer presentation. I know you have a long agenda. I'm happy to continue and answer any questions you have, or continue with the presentation; whatever the will of the Commission might be. Commissioner Carollo: Bill, what was the proffer that you made again? Mr. Riley: So the proffer is $500,000 to the Housing Trust Fund that the City's looking to improve and develop, and that would be a guaranteed proffer; has no ties to the workforce housing density bonuses. If we're eligible to get those and the UORB (Urban Development Review Board) or this Commission decides that we should have density bonuses, that proffer has no ties to that type of eligibility, so it's a guaranteed proffer, because we think it's the right thing to do as good community stewards, and we would like to be a good community steward. Victoria Mendez (City Attorney): I just -- Vice Chair Russell: Commissioner Reyes and then -- If you could, please, Madam City Attorney. Ms. Mendez: -- have one question, because right now, we don't have a Housing Authority or Housing Department, per se. We have CD (Community Development) and then we have our Affordable Housing Trust Fund, so I -- just whenever you figure out which one it goes to -- Commissioner Carollo: The Affordable Housing Trust Fund, I know that District 3 has one; I just don't know how it's formulated and how it's put together; and then, I don't know if you have one that's citywide, too. Would you know more on that, Mr. Director? City of Miami Page 76 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Garcia: Yes, sir. Thank you for the question. There are precedents, certainly, for development proposals that have contributed monies to affordable housing. In particular, in District 3, the Miami River SAP (Special Area Plan) made such a contribution, and I believe there is a trust fund for that purpose. And in addition, as the City Attorney has mentioned, there is the citywide Affordable Housing Trust Fund. So both of those are in existence. Commissioner Carollo: Okay. Ms. Mendez: We're going to see if we get Chris Rose to help us and continue, and we'll get back to you. Commissioner Carollo: That's fine. I think maybe to clear it up, if he would park those funds -- Commissioner Reyes: That's right. Commissioner Carollo: -- in the district's trust fund, and once there is a Housing Authority or a Housing Department, whichever the case may be, then those funds could be transferred to that. Ms. Mendez: That sounds like a great plan. I just want to make sure that we can do it, so I will find our numbers people to confirm that. Commissioner Reyes: We have to final -- Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: Thank you, sir. We have to -- I agree that those funds could be parked in any account, you see, with --just temporarily, and make sure that those funds are parked temporarily, and those funds can be transferred into the Housing Department or the Housing Authority once it's developed. But I want to ask you a question. Mr. Riley: Yes, Commissioner. Commissioner Reyes: Could you please define "workforce"? Because what range of rentals are you going to ask for -- Mr. Riley: Well, let me -- Commissioner Reyes: -- ifyou have an idea? Mr. Riley: -- be clear. We do have an idea, but let me be clear on why I put in my covenant the language I put in my covenant. We understand about the workshop. We understand that the Commission may revamp the workshop. Our break -ground date, if we're successful, would probably be 2021 or 2022, and I don't know what the new workforce housing ordinance, if there's one ever adopted, would look like. So I provided in there, because, unfortunately, my wife -- I think I know the future. My wife disagrees with me all the time. But I put it in there that whatever it is, we have to comply with it, and if we don't, we're not entitled to the density bonus. However, under your current Code, what your current Code provides is that 25 percent of all workforce -- all units within the building have to be below 80 percent AMI (Average Median Income). And 80 percent AAH -- Commissioner Reyes: Using (UNINTELLIGIBLE)? Which table are you going to -- rate it's going to -- you're going to use? City of Miami Page 77 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Riley: The table that I'm looking at -- and I'll -- I can actually pass it out. I'll pass it out to you so you can see it and you can walk along with us. Ms. Mendez: Commissioners, I have Mr. Rose here, and you can ask him -- Commissioner Reyes: Okay. Mr. Rose, could you please -- it is possible that any fund that it is -- that any contribution to the future Housing Authority or Housing Department that since it hasn't been established yet that you can park that in any -- an account with a covenant that is going to be transferred into those department? Christopher Rose (Director, Office of Management & Budget): Yes, sir. Commissioner Reyes: Okay. Ms. Mendez: Thank you. Commissioner Reyes: Thankyou, sir. Vice Chair Russell: Thank you very much. Commissioner Reyes: Sir, I have a question about this, because this is based on a median of 51,800; that's in Dade County. But the City of Miami, the median income doesn't -- does not reach 35, 000. That means that half of the population is not making that. Mr. Riley: Right. Commissioner Reyes: You see, and it concerns me, you see, because -- I don't know. It could be a little bit steep, you know, $1,699, according to that salary, is -- Mr. Riley: It can be. It can be confusing. Present value projections on present value money -- Commissioner Reyes: Yeah. Mr. Riley: -- we're thinking right now that we would have a one -bedroom at 750 square feet; and, of course, this is not site plan approval, but that's our projection. A one -bedroom at 750,000 [sic] square feet we are pricing right now, based upon current value of money, around 12 to $1300. Two bedrooms would be about 1700. Now, to give you an analysis of what the difference between workforce housing in this community and market rate is, right down the street from us is a project that's actually going on -- So I don't have a hand-held microphone -- oh, thank you. So the rendering that we have there is the retail component that I was speaking about a moment ago, to highlight conceptual standpoint. This is sort of our massing study as a conceptual standpoint. Over here is another building that's going on right in the vicinity of the property, and it has a hundred units; and over here is another property that's called The Reflections, which is right down the street from us, and The Reflections, right down the street from us, has the same type of unit, 750 square feet, and the prices there are going for about $2,100 preconstruction to $2,200. We are about 1200,or 1,300, so we are substantially lower than what the market rate is from the comparison of our market analysis; the market rate, right within a few blocks of our property. Commissioner Reyes: That -- With all due respect, that is not, in my opinion, is not workforce. It's a misnomer, because if we get -- in the City of Miami, if we get a person that is making $35, 000 a year, is making 2, 000 -- I mean take home -- City of Miami Page 78 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Rose: Yes, yes. Commissioner Reyes: -- take 15 percent out of it -- is take -- is making $2,479 -- 2,000-- Mr. - 2,000-- Mr. Rose: Estimation. Commissioner Reyes: -- 2,500 a month, and if you're charging 16 -- 1,699, you're charging more than 50 percent -- Mr. Riley: Let me -- Commissioner Reyes: -- more than 50 percent of their take-home pay, of the -- I mean -- Mr. Riley: -- explain. And I don't disagree with you, but I'm explaining right now is what your Code currently says. And this sheet that I passed out is in your packets, in our hearing packet. This is what the Code currently provides; that's why I drafted our ordinance, because I don't know what this Commission is going to do over the next several years with workforce, and we want to follow your lead, and we want to make sure that we -- make sure that successful project for the City, for the residents, and for us, as well, so that's why I put it in the covenant that whatever the workforce housing ordinance ends up being whenever we are permitted, we have to comply with it; if not, we don't get the benefit of density bonus, and that was my guarantee to this Commission, and that's the best way I could think of doing it. Commissioner Carollo: Mr. Chair? Commissioner Reyes, I think you're on target in what you're saying. This is the conversation that I had with them, and let me be clear what I said to them. While in the terminology that's generally out there -- Commissioner Reyes: Yes. Commissioner Carollo: -- this does fall under workforce housing, because it's below by a reasonable amount from what others are charging. Commissioner Reyes: Yes. Commissioner Carollo: Very few people in my district, as I told them, are going to be able to afford to live there. I mean, let's not kid ourselves. This is why I keep talking about that we have to take the bull by the horns. We have to create our own Housing Authority, and if anyone is going to be able to truly build affordable housing, it's going to be us. We can't depend on anybody else to do it. And what I also told them was that their one bedrooms, they're looking to have a very large one bedroom for the area, 750 square feet. I suggested that they should build a portion of those one bedrooms -- my suggestion; they will do as they please -- but I suggested they should be around 500 square feet, where now, they could bring it 900 to a thousand a month, which is still high for most people in the area. But what was also done was the original amount of retail that they were looking at was 80,000. It's almost been increased now to double, 150,000. By them having the extra retail component, it could facilitate it for them to, hopefully, on that one bedroom, 500 square feet, maybe they could get it down to 800 or $850 from the 900, thousand -- I don't know -- but it will definitely bring it down a little more. At the same time, it will do two things for that whole district. One, it's going to bring approximately 300 more jobs that people aren't going to have to drive, you know, way somewhere else; they'll be right in the district; the kind ofjobs thatpeople can do in the district. Two, it is going to finally open up a Ross, maybe even a Target. Its going to have several City of Miami Page 79 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 of these stores, together with what I hope is going to be an affordable supermarket, besides the Presidente that we have there; or the Sedano, farther away; but if not, I'll even take a Publix if that's what's going to come, so that people could have a place to go shop within the area. And it accomplishes those two other key components: One, we're creating jobs. 300 jobs is not going to change the face of District 3, but it's certainly going to help the lives of a lot of families; and two, people aren't going to have to get on a bus, get on a car to go to Midtown, which would be the closest place that they have to go shopping. Now within Little Havana, we're going to have an area that people go shopping to Ross; maybe a Target will come, a TJ Max or a Marshall's; and there'll be an additional supermarket component in the area besides some smaller shops that I'm sure will end up coming there. So these are the two components they're looking at. Now, they've offered, frankly, what -- and this is up to them. They proffered a token amount of 500,000. I also heard that they --when they come back for the second go around, which is where they really are going to get above and beyond the density that they are entitled to now, that they're going to be proffering more. You know, that's the one I'm really going to be interested in hearing, also. Commissioner Reyes: Okay. Commissioner Carollo: And so, I'm willing to, you know, go on their goodwill offerings, trust them, and let the horse out of the barn; but, you know, I'll wait for the second go around that is the additional density increase they're looking to do. And I'm going to hold them to what they proffered here, particularly on the 150,000 retail. I mean, if you want to go a little higher, I'm not going to have any problem -- Mr. Riley: Thank you, Commissioner. Commissioner Carollo: -- because that area needs a retail. Commissioner Reyes: Well, and also, that -- excuse me -- but that area also need development. Commissioner Carollo: Yeah. Commissioner Reyes: And we need more apartments over there. And I know that being an economist, it's -- rent is a function of supply and demand. Mr. Riley: Yes, sir. Commissioner Reyes: The more apartment houses that are -- or housing is built in the area, the lower the -- I mean, the more supply, the demand doesn't keep increasing at a faster pace, that the rents will start going down -- Mr. Riley: Yes, Commissioner. Commissioner Reyes: -- or lowering. And also, if we are successful in our endeavor of creating additional units that will be affordable and for persons that they are low income, I think that eventually, rents are going to come down. But what really, really concerns me is that actually, you see, at the present, this rate, it is a little bit steep for the people of the City of Miami and the residents of the City of Miami, which has the lower median income, I think, in the United States. It's one of the lower --poorest country. Commissioner Carollo: At least the residents of that district. City of Miami Page 80 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Reyes: I mean, citizens. I know, I know. Listen, I know that district very well, you see. But I'm willing to support your -- Mr. Riley: Thank you, Commissioner. Commissioner Reyes: -- proposal, and hoping that next time around that you will have a substantial offer that will help us start our housing development. Mr. Riley: Yes, Commissioner. This is our first step of many, and we look forward to working with you. Thank you. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you, we been discussing this for a while, and I think the -- one way we can really leverage the funds that we going to receive once we start issuing the bonds, work with the private sector -- Mr. Riley: Yes. Commissioner Gort: -- to really bring it down to where we want to put them, because the prices right now, according to the cost of construction, cost of the lot makes it sometimes impossible to come all that way down, so this is why we have to leverage the funds that we're going to have with the idea of the fund trust to make it even cheaper so that people that can pay 600, 7, $800, which is the majority of the people in some of the residences in City of Miami can pay, that's the only way we're going to be able to do it. Commissioner Reyes: You have the same problem in -- well, every -- all over the City. We have the same problem allover the City, you see. Commissioner Carollo: Just about. Commissioner Reyes: That's right. Okay. Chair Hardemon: Any further discussion? Hearing none, is there a motion? Ms. Mendez: Chairman, Chairman. Commissioner Gort: Is there a motion? Commissioner Carollo: No, there's no motion yet. Ms. Mendez: I just have one more -- two more questions, actually. One, when were you planning on sending this 500, 000? Because sometimes, you know, it's at certain times within your development, and that sometimes, unfortunately, is not the same timeframe that others expect it, so I just want to make sure that -- Mr. Riley: Actually, I understand that we need to talk about that and see when the Housing Trust Fund -- and I know that it's not tied to that (UNINTELLIGIBLE) off the ground, but I would proffer is that before we're eligible to get a building permit, we have to do it, if that's acceptable. Ms. Mendez: Okay. I just wanted to make sure that that was the timeframe. Commissioner Carollo: Mr. Planning Director, what will be the earliest that, on this phase alone -- which I don't think they're going to ask for that now until they get the City of Miami Page 81 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 second phase, which is where the beef is at -- how long might it take before they can come for a building permit? Mr. Garcia: My understanding, sir -- and the applicants are here to testes to that effect, if necessary -- is that the plans that they've presented to us preliminarily contemplate an entirely different proposal for the site. So if they wanted to move forward based on the zoning approvals that they might obtain today, they would essentially have to redesign the project; that, in and of itself, would take some time. I don't think anything less than six months would be reasonable for that. Commissioner Carollo: Okay. Yeah, but I think we all know that it's not quite their fault. There had been changes all around, so they've adjusted to that. Is there anything else that you would like to hear from them that would satisfy you; or that, based upon our conversations, you think would be appropriate? Mr. Garcia: I would just emphasize that if a plan or a set of plans were to be submitted pursuant to the zoning changes being considered today -- Commissioner Carollo: Right. Mr. Garcia: -- that they please be instructed to come to the Planning & Zoning Department to very carefully look at the massing and the configuration of the project to address all the items that you've expressed concern for and we have, as well; namely traffic, density and intensity, impacting the adjacent areas. Commissioner Carollo: My concern now is I'm hearing traffic, and that could take quite a bit of time. And basically, that area there, whatever they had before that they presented on traffic should have been enough. And what I'm trying to do is get what we need, but I don't want to keep delaying this, because, as it is, by the time they actually build this, it'll be over three years, and the quicker we have it, the better it is for District 3 and the City of Miami, as a whole. Mr. Riley: Commissioner, hearing that, and understanding that you might move faster, I'd like to amend our proffer that we pay it before we are eligible to submit for a site plan approval. Vice Chair Russell: Before you're eligible for what? Chair Hardemon: I think he said, "a second approval. " Is that what you said? Commissioner Carollo: Site plan approval. Mr. Riley: Site plan approval. Chair Hardemon: Site plan. Oh. All right. Ms. Mendez: And one more thing. Mr. Riley: Yes, ma'am. Ms. Mendez: The second thing that I wanted to address was, remember that the Commission passed -- and I can't find it right now -- the Transportation Trust Fund. When we receive those lump payments -- lump sum payments over a certain amount, I think we put some language that had to do with, "unless otherwise restricted, " so I wanted to confirm that you want this restricted to affordable housing. Commissioner Reyes: Yes. City of Miami Page 82 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Carollo: Absolutely. Ms. Mendez: Okay. Commissioner Carollo: Restricted to affordable housing. And I think we're getting the taste for the huge difference between affordable housing and workforce housing. I think we've heard it here today, and here is a, you know, big gap between one and the other. And I'm only bringing that out because we're going to be hearing today and every other Planning & Zoning meeting agenda people offering us workforce housing in order to get 40, 50, 60 percent more that they could build, and we're seeing the reality of what we're getting; that the vast majority of City of Miami residents won't be able to afford that workforce housing. And what we really need to build -- that's why we are going to do it ourselves -- is affordable housing. Chair Hardemon: You know, but one thing I will say, Commissioner, when I graduated from college and I wanted to come back to the City of Miami, I made too much money to live in affordable housing. Commissioner Carollo: Yeah. Chair Hardemon: And so, there was not a product for me called workforce housing that I could get into; and so, I was -- I had to choose between living in, say, a household that was not to the standard that I had been living in when I was in college to living at a very high-priced condominium unit, and I had to make that choice. So I'd like to keep that at the forefront of your attention that a lot of the people who grew up in these communities who still own homes, who may rent within those -- within these neighborhoods, they may not be able to afford workforce housing, but some of the children can. And so -- Commissioner Carollo: Well, absolutely. This is why we are looking positively at projects like this, but bringing out the balance. And this is why we will be very appreciative on everything they would proffer now and in the future so that while this will bring workforce housing for those that -- and there are many, especially with all the jobs we have in downtown, Brickell and other areas that can afford the workforce housing; that then, with those monies that they will donate out of the goodness of their hearts, we can then build the workforce -- the affordable housing that the other side will have. So it's a balance that I think we have to keep in mind as we move forward in projects like this. Commissioner Reyes: And I want to add, if I may, that by creating this institution that we want to create, this department or Housing Authority, it doesn't mean that because we are going to build affordable housing that they're going to be low quality, without any amenities or anything, you know. I mean, we're going to try to build a place that people will feel happy -- Chair Hardemon: No, of course. Commissioner Reyes: -- living on. And also, also, that does not preclude the private sector to build apartments that they call affordable housing, according to this table over here that they base their rents based on a $51,800 median income, which is not reality in the City of Miami, you see. I mean, whoever wants to pay that, that's what the private sector and that's what the free market is, you see. But we will have to have -- we want to have the opportunity -- or the ability to provide housing to those people that cannot afford this rent. I mean, you can charge -- It's your building. You can charge whatever you want. City of Miami Page 83 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Carollo: Well, to their credit, when I brought the same point that you're bringing out here in the open with them privately, they didn't deny it. They understood it and that's why I think that they're willing to make the proffers that they have made and are going to make even more into the future, and this is why they were willing to readjust their original plans to bring more retail into the project. Chair Hardemon: Well, gentlemen, we've had a lot of discussion about this. Is there a motion to move this forward? Commissioner Carollo: Motion to move. Chair Hardemon: It's been properly moved by Commissioner Carollo. Commissioner Gort: Second. Chair Hardemon: Seconded by Commissioner Gort that we approve item PZ.2. Actually -- yeah, because it hasn't been read into -- Commissioner Carollo: Yeah, it's a companion item. Chair Hardemon: -- has it been read into the record? Commissioner Carollo: Yeah. Ms. Mendez: PZ 2 was, and PZ.3 has not. Chair Hardemon: Okay. So is there any further discussion on the item? Seeing none, all in favor of PZ.2, indicate so by saying "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.3 ORDINANCE Second Reading 3148 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "74-R," GENERAL URBAN TRANSECT - RESTRICTED, TO 75-0," URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE AND BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-0," URBAN CORE TRANSECT—OPEN TO 76-12-0," URBAN CORE TRANSECT—OPEN, FOR THE PROPERTIES LOCATED AT 36 AND 40 NORTHWEST 8 AVENUE, MIAMI, FLORIDA; FURTHER WAIVING THE 18 -MONTH LIMITATION FOR REZONINGS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13738 City of Miami Page 84 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.3, please see Item PZ.2. Commissioner Carollo: And the motion on PZ.3. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Chair Hardemon: -- seconded to approve PZ.3. Can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): As amended with the proffered covenants and what's been discussed on the record. Chair Hardemon: Any further --? Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Bill Riley: Thank you, Commissioners. Chair Hardemon: Thank you very much. Mr. Riley: And Commissioner Carollo, thank you for the kind words. Commissioner Carollo: Thank you. City of Miami Page 85 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZA ORDINANCE First Reading 2229 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544 OF THE Planning CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE AYES: FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE ABSENT: NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE Note for the Record. Item PZ.4 was continued to the February 22, 2018, Planning AMENDMENT PROCEDURES SET FORTH IN SECTION 163.3187, Meeting. FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.03± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 2890 VIRGINIA STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.4 was continued to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.4, please see "Part B: PZ - Planning and Zoning Item(s). " City ofMian ni Page 86 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PZ.5 ORDINANCE First Reading 1124 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 AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .75± ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. For minutes referencing Item PZ.5, please see "Order of'the Day" and "Part B: PZ - Planning and Zoning Item(s)." City ofMiarni Page 87 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.6 ORDINANCE First Reading 1125 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY .75± ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-0, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. For minutes referencing Item PZ.6, please see "Order of the Day" and `Part B: PZ - Planning and Zoning Item(s)." PZ.7 ORDINANCE First Reading 1314 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF. 1 58± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. For minutes referencing Item PZ. 7, please see "Part B: PZ - Planning and Zoning Item(s). " City ofMiarni Page 88 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.8 ORDINANCE First Reading 1315 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION OF THE PROPERTIES LOCATED AT ABSENT: APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 Note for the Record. Item PZ.9 was continued to the February 22, 2018, Planning NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "75-0", URBAN Meeting. CENTER TRANSECT ZONE -OPEN, TO 76-8-0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. For minutes referencing Item PZ.8, please see "Part B: PZ - Planning and Zoning Item(s). " PZ.9 ORDINANCE First Reading 1675 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 AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION Note for the Record. Item PZ.9 was continued to the February 22, 2018, Planning 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND Meeting. USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.9 was continued to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.9, please see "Part B: PZ - Planning and Zoning Item(s). " City ofMian ni Page 89 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PZ.10 ORDINANCE First Reading 1676 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "74-L", GENERAL URBAN TRANSECT ZONE -LIMITED, TO "75-0", URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.10 was continued to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.10, please see "Part B: PZ - Planning and Zoning Item(s)." PZ.11 ORDINANCE First Reading 3111 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning 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 "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE AND 3700 SOUTHWEST 28 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN 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: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Direction by Vice Chair Russell to the City Manager for the Planning Director to examine the affected area associated with the upzoning to ensure that residents will not be displaced indiscriminately and to look at whether inclusionary zoning will help prevent this from happening. City ofMian ni Page 90 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Ryan Sears: City Assistant Attorney, I'd like to turn our attention to PZ. 14. Can you read the ordinance -- Commissioner Reyes: Mr. Chair. Mr. Sears: -- sense of directive? Commissioner Reyes: Yes. Mr. Chair, before we start -- Okay. Vice Chair Russell: Mr. Chairman? I'm sorry, Mr. Chairman. The two attorneys for both parties, I believe, are discussing outside, so if we could table this one item for a little bit and take up some other items, that might be good. Hannah Tacher: PZ. 11. Barnaby Min (Deputy City Attorney): Would you like me to read the title into the record? Chair Hardemon: He's talking to you. Ms. Tacher: Oh, sorry. Excuse me? Mr. Min: Should I read the title into the record? Ms. Tacher: Yes, please. Thank you. Mr. Min: Thank you. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Sears: Is there any discussion on the item? Mr. Garcia, do you have any comments on the item? Francisco Garcia (Director, Planning): Yes, I do. Thank you very much. As pertains to this proposal, the Planning Department has recommended denial, and so did the Planning, Zoning & Appeals Board, and I'd like to explain briefly why. Mainly, two reasons. First is that there is no adjacent land that is zoned T5-0; as well, a request is being made for here. And by the way, I should also add in parentheses that PZs.I l -- and I believe PZ.I I has been read into the record -- but PZ. 12 is a companion item, PZ.I I being the land use change; PZ. 12 being the zoning change. In any event, the change of zoning and land use for this particular parcel would essentially be isolated from any other T5 -O -zoned areas. We would certainly accept gladly direction from the Commission to study the remainder of the stretch of frontage of the corridor between 28th street to the north and approximately Bird Road to the south, all of which is zoned T4 -L, and all of which should be, I think, studied to be potentially rezoned to a higher zoning designation. Now, whether that would be T5 -L or T5-0 is something that we would also like to look into. In addition to that, the other concern remains that the abutting land is T3, so that has a cap of two stories, and it is low density residential in nature, and we would also like to contemplate whether or not there would be an adverse impact, vis-a-vis the abutting areas. With that in mind, I'm happy to defer to the Commission for further discussion and to the applicant for presentation, if you so wish. Mr. Sears: Would the applicant like to make a presentation? City of Miami Page 91 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ben Fernandez: Yes, Mr. Chair. Thank you. Mr. Sears: Thank you. Mr. Fernandez: My name is ben Fernandez, law offices at 200 South Biscayne Boulevard, here on behalf of the applicant. As Mr. Garcia indicated, the property is across from Douglas Park on 37th Avenue, which is a major transportation corridor that is also very close to a Metrorail Station, the Douglas Metrorail Station. And we believe that this rezoning would further the policies of the Comprehensive Plan in relation to transportation -oriented developments that are proximate to Metrorail stations and trains. This is an image of the intersection of 28th Street. You can see, it's a busy, fast-moving lane of traffic immediately in front of it, with an office building immediately to the north of the property. The comprehensive -- the Miami 21 Code, rather, defines a transportation -oriented development as the area not exceeding one-half mile from the convergence of modes of transit or a train station. You can see from Diagram 11 of the Code that the Douglas Station transit -oriented development area includes the property; it's identified in red. The transportation - oriented development half -mile area is based on the concept of the pedestrian shed. "Pedestrian shed" is defined by the Code as a half -mile area that may be used for mapping a transit -oriented development. It's called the walkable area, essentially. So the concept is that within this area, you want to try to achieve the maximum density in a manner that would still be compatible with the surrounding area so that people can be able to walk to transit. Policy LU1.110 of the Comprehensive Plan specifically says this. Provides that, "The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations," and this is not unusual. For instance, if you look at the Coconut Grove Metrorail Station, which you have in the map before you, you'll find that the T5-0 transect immediately abuts the train station area, both to the north and to the south. And I will point out to you that this is an area that is much more single-family in character than the Douglas Station area. The Coconut Grove area, both on the Coconut Grove side, as well as on the Silver Bluff and Golden Pines side, are more single-family and townhome in character than the Douglas Station area; yet, the T5 transect is perfectly compatible with the single- family. The property's also across from Douglas Park, as I mentioned, which would make it a good transitional area from the park to the areas to the west that are zoned duplex. It would also be transitional from the T6-8 zoned area, which is immediately north of the property. So this property is immediately across the street from T6-8 zoning, which is, of course, one category higher than what we're asking for. There is no transition at present into this property on 28th Street. It goes from T6-8 to T4 -L. There's -- it's an abrupt transition that doesn't make any sense to us. The T5 would provide a transition. It would also be more in keeping with the character of the zoning that you already have established immediately across from Douglas Park along the entire frontage of the park; this being the one exception. Further north, you have projects that were approved under prior Zoning Codes, which are also developed more consistent with the T6-8 transect and higher under C1, the Da Vinci Project, Douglas Cove; you can see them there, images. We're not asking for anything close to that, but we are asking for something that would be transitional, five stories, and one density category higher than what's there today. One block to the north, you have an office building on 27th Street; you see in this image here, which is also inconsistent with T4, we would proffer to you. And our zoning request would only yield a net increase of 18 units over what's permitted today by the T4 transect. We think that this is a very modest increase and one that would be transitional again from T6-8 into the T4 areas to the south. Of course, Douglas Station itself is changing radically. You have the Platform Project that was recently approved. You have the Adler Project that is under construction. We think that there's a real opportunity here to continue to develop this transportation -Oriented development. Our project, our conceptual plan, would provide eyes on the street, as City of Miami Page 92 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 well, for this park. The concept would be balconies overlooking the park, which is a good idea, always, and ground floor commercial that would be complementary to the park. We're also proffering a covenant that would limit uses. Today, you can have commercial uses on this property under the current zoning, T4 -L. We want to continue that opportunity to have commercial on the ground floor, but we want to limit it through a covenant. We think it's a good idea to prohibit certain uses, such as alcohol beverage serving establishments, such as alcohol serving establishments, selling establishments, gas stations, body work, welding; things that are obviously incompatible with a park in a residential area. And finally, I just point out to you that the T5 zoning transect is one that's commonly found abutting parks throughout the City. Riverside Park on 7th Avenue has T5 -L immediately abutting it; Coral Gate Park on 32nd Avenue has T5-0 abutting it; Fern Isle Park on 22nd Avenue, Northwest 22nd Avenue, is virtually surrounded by T5 zoning; Curtis Park has T5 zoning, as well as T4 zoning abutting it. Why? It make sense. It makes sense to bring people closer to parks in a manner that's compatible with the surrounding area. I could go on. Stearns Park also is one that has T5 next to it, and then Antonio Maceo has an even higher density next to it. So for all of these reasons, Commissioners, we would ask that you approve this application. We believe it will be compatible, and it would further the policies of your Comprehensive Plan and your Zoning Code. Thank you. Ms. Tacher: Thank you. I'd like to recognize the Vice Chairman. Vice Chair Russell: Thank you very much, Madam Chairperson. Mr. Fernandez, thank you for the application. This area is in my district and near Douglas Road and Douglas Park and, obviously, Douglas Station. We see this as an area that will be developed, one way or another, in the near future. The crisis we have before us is that our City's becoming less and less affordable as development happens, and I think it's up to us to put our finger on a scale, where possible and where fair, to sort of ensure that our City still remains livable for those who make it the city that it is, and this is a prime candidate for that, this entire area. I understand why Mr. Garcia recommended denial based on -- he'd probably like to see some changes happen more uniformly all the way between there and the train station, and I would agree with that. Mr. Fernandez: As would we. Vice Chair Russell: And I don't think it needs to wait for the whole thing. I think we can start with an example of what we think might be appropriate. That being said, what is appropriate? And I'm going to use what might end up being a bad word down the road, but I think we need to start talking about, in general, inclusionary zoning, gentlemen. When someone comes for an entitlement that's completely above and beyond what they have available to them as of right, this is a gift from the City. This is not something that they are entitled to. This is something they'd -- they're saying, "Hey, we believe this is a good idea for development, but basically, I bought it for 'X,' and if you give me this, now it's going to be worth 'X' times 2," or what have you. Now, within that additional value we're giving them, I would like to see developers begin to proffer covenants that prioritize affordability within the projects; not where we take some money and send affordability off to another part of town, but that we start recognizing that mixed income within our core and within our transit zones, especially, should be cherished and prioritized. So I'm going to be apt to move this forward on first reading, but with a lot of recommendation that we talk in between to get to second reading. And I've had some discussions with Mr. Garcia about this. I understand this could produce an additional 18 units above what you have available as of right. I'd like to see what might be proffered there. There's been some talk -- the request is to go to T5-0 with a covenant, and I'd like to go ahead with that moving forward, but with the thought that we might bring it back to T5 -L City of Miami Page 93 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 on second reading. We're going to compare it with the covenant and talk about it, but I -- but moving it forward at T5-0 at this point, I think is fine. And I'd like to direct our Planning Department to look at two things. One, this area, with regard to - - up Douglas Road from the station, because there is a lot of single-family home and duplex in that area, and I don't want to displace folks indiscriminately by causing an up -zoning. I want to make sure that if we are to up -zone this area that it does so without displacement, and I believe inclusionary zoning is the key to that. It's not the blanket inclusionary zoning that might be too scary for the entire world of development to digest all at once, but this is in specific locations and especially when entitlements are sought. I'd like us to start looking at that. And, perhaps, as a policy moving forward, I'd like to see us develop something like that as a Planning Department, please. So I'll go ahead and move this item on first reading. Commissioner Gort: Second. Ms. Tacher: It's been properly moved. Is there a second? Vice Chair Russell: I second it. Ms. Tacher: Thank you very much. Is there any further discussion? Vice Chair Russell: Yes. I just want to make a comment on what Commissioner Russell was saying. And I do agree with you; we are granting additional development, and we're granting additional revenues to the developers, and I think that is nothing but just that we, the City, receive something in return that could help with affordable housing. I think that when we proposed a Housing Authority -- or Housing Department, and I think that this is -- I mean, in second reading, maybe we had already gone through all the workshops, and we have the -- we had already agree on how are we going to fund those development that -- affordable housing development that we are planning. And we -- in a second reading, we can request contribution from the -- this new developments and the up -zoning. I think that is -- Vice Chair Russell: Madam Chairman -- Chairperson? Commissioner Reyes: Yes. Vice Chair Russell: Pardon me. Ms. Tacher: You're recognized. Vice Chair Russell: I should get more accustomed to that. Commissioner Reyes, I just -- from a legal perspective, I think I want to make sure that we don't say that we're asking for it in return. Commissioner Reyes: No, no, no, no, no, no, no, no. Vice Chair Russell: It has to be a voluntary proffer from the developer. Commissioner Reyes: A voluntary proffer. That's right. Vice Chair Russell: Thank you. Commissioner Reyes: What I'm saying it, but we can -- Vice Chair Russell: But I agree with the sentiment. Commissioner Reyes: -- make a -- we can do a request. Okay. City of Miami Page 94 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Thank you. I agree, Commissioner. Vice Chair Russell: And I don't know if I should do this now. Okay, okay, later. Chair Hardemon: This is PZ (Planning & Zoning) -- Commissioner Reyes: Yes, but -- okay, when it comes. Commissioner Carollo: Boy, I'm surprised how quickly you learn. Commissioner Reyes: I have a good teacher here. Ms. Tacher: Is there any further discussion? Commissioner Carollo: There is. Ms. Tacher: You're recognized. Commissioner Carollo: Mr. Planning Director, how many more units are they getting that they're allowed to by the zoning right now? Mr. Garcia: Thank you for the question, Commissioner. The density would go up from 36 units per acre to 65 units per acre. As pertains to this particular parcel, that actually would yield approximately additional 18 to 20 units. Commissioner Carollo: 18 to 20 units they're going to get. Okay. What is your profit in 18 to 20 units? Mr. Fernandez: Well, our proffer is that we intend to develop a project that is -- Commissioner Carollo: No, no, no. I'm not -- Vice Chair Russell: "Profit." Commissioner Carollo: -- asking for the proffer. Mr. Fernandez: Oh, our profit. Commissioner Carollo: Profit, profit. Mr. Fernandez: I couldn't tell you that. It depends on when the project is going to be built. Commissioner Carollo: How many square feet is your average unit going to be? Mr. Fernandez: I assume it'll be in the vicinity of 600 -- maybe 500 to 1,200 feet, ranging. Commissioner Carollo: 600 to what? Mr. Fernandez: To 1,200. Commissioner Carollo: That's a wide range. What are you willing to proffer now? Mr. Fernandez: Well, we've proffered a covenant, Commissioner, that limits uses on the property to ensure that it'll be compatible. City of Miami Page 95 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Carollo: I'm not asking about that kind of proffer. Mr. Fernandez: Right. Commissioner Carollo: I'm asking about the kind of proffer that you, out of the goodness of your heart, would want to proffer so we could keep spreading joy to a lot of people's lives -- Mr. Fernandez: Right. Commissioner Carollo: -- and be able to create real affordable housing. Mr. Fernandez: I think we could come back to you with that proffer on second reading; I have to talk to my client about it, who isn't here. Commissioner Carollo: That's fair. Mr. Fernandez: But I would def -- be ready to come back with that. Commissioner Carollo: Okay. Well, I will vote for it this time around, but I'm going to reserve my judgment on second reading, after I look at this project a little closer, and -- Mr. Fernandez: Fair enough. Commissioner Carollo: -- hopefully, I mean, you'll have the time to speak to your partners or clients. Mr. Fernandez: Thank you. Commissioner Carollo: Thank you. Ms. Tacher: Is there any further discussion? All in favor of the vote, say "aye." The Commission (Collectively): Aye. Ms. Tacher: Vote against? Vice Chair Russell: Whoa. Unidentified Speaker: Yeah. Commissioner Carollo: Whoa. Ms. Tacher: Commission passes. Commissioner Carollo: Walk softly, but carry a big stick. City of Miami Page 96 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.12 ORDINANCE First Reading 3112 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 74-L TRANSECT Planning ZONE," GENERAL URBAN TRANSECT -LIMITED, TO 75-0 TRANSECT ZONE," URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Hannah Tacher: Can I -- Oh, sorry. Victoria Mendez (City Attorney): Chairman? Ms. Tacher: --just have the readings of the record of PZ.12? Ms. Mendez: Thank you. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Ms. Tacher: It's been properly moved and seconded. Is there any discussion? Okay, so all in favor, say "aye. " The Commission (Collectively): Aye. Ms. Tacher: Against? It's been passed by the Commission. PZ.13 RESOLUTION 1227 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY BABYLON INTERNATIONAL, INC. AND Department of REVERSING THE DECISION OF THE HISTORIC AND Planning ENVIRONMENTAL PRESERVATION BOARD APPROVING THE FINAL EVALUATION OF LOCAL DESIGNATION OF A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-18-0034 City ofMiarni Page 97 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item PZ.13, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: PZ. 13. Victoria Mendez (City Attorney): Chairman, this is the Babylon item; the appeal. Chair Hardemon: Can you give us the history of it, please, while we wait? Can you give us the history of it, like the procedural history; where it's been or --? Ms. Mendez: This is an appeal from the decision of the Historic Environmental Protection Board [sic] with regard to its designation, and this is an appeal by the applicant with regard to the decision rendered by the HEP (Historic and Environmental Preservation Board) to designate this property. Chair Hardemon: So is there a respondent on this, or is it just --? Ms. Mendez: The -- Chair Hardemon: -- or is there an appellee? Ms. Mendez: -- appellant, right -- Chair Hardemon: Who's the appellee? Ms. Mendez: -- appellant and appellee. Chair Hardemon: Right. Ms. Mendez: The appellant is represented by Mr. Bercow. Jeffrey Bercow: Yes. Chair Hardemon: And there is no appellee then? There's no person that has filed to be a party to this, besides the appellant? Ms. Mendez: No, no. The applicant is the one that appealed the decision. Chair Hardemon: Got it. Welcome. Mr. Bercow: Thank you, Mr. Chair and Commissioners. My name is Jeff Bercow. I'm an attorney with the law firm of Bercow Radell Fernandez and Larkin; 200 South Biscayne Boulevard, in Miami. I'm here representing Babylon International, Incorporated, the owner of this property. I'm here with Max Martinez and Alicia Garcia, from the owners. Our team is here, as well. Our expert witnesses, Steve Avdakov and Rick Gonzalez; my partner, Melissa Tapanes-Llahues; and my colleagues, Tom Robertson, Carli Koshal and Emily Balter. At the outset, I'd like to City of Miami Page 98 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 incorporate the comments from all the speakers that you heard from at the beginning of the meeting so their comments are in the record. I would also ask that we hand out our notebook. We're going to put a copy of this in the record. It has a number of important documents, including the report prepared by our experts. We are appealing the HEP Board's historic designation of the Babylon Apartments, located at 240 Southeast 14th Street. This is a de novo appeal, so you can completely disregard the findings of the HEP Board and issue your own determination. This building was designed by Arquitectonica in 1978. It was constructed in 1982. The building that was ultimately constructed was different than the plans that were prepared by Arquitectonica, and you're going to hear about that later. The building sat vacant till after -- sat vacant after completion until 1983, when the then -owner requested a rezoning in order to allow office uses and bank uses on the first through the fourth floors. Commissioner Carollo: Excuse me for a second. If I -- Mr. Bercow: Yes. Commissioner Carollo: --could interrupt you. Mr. Bercow: Yes. Commissioner Carollo: Do you remember the name of the then -owner? Mr. Bercow: It was Ray Corona at one point -- Commissioner Carollo: Sunshine State Bank. Mr. Bercow: -- and then it was Sunshine State Bank. And we're passing -- we're putting in the record the deeds, as well as the transactions. There were actually six different owners between 1983 and 1989. And in 1989, the current owner, Babylon International, bought the property. In 2014, Babylon International applied to rezone the property, and many of the people that spoke earlier and some of the people that are going to try to speak later were the people that were -- that are waving the preservation banner today. They fought our rezoning a few years ago. The building was declared an unsafe structure in 2015. It was ordered to be demolished by your Unsafe Structures Panel, but before the owner could obtain a demolition permit, the vice chair of the HEP Board started the designation process. So we all know that Arquitectonica is a very successful and well known architectural firm, but not every work of theirs should be preserved, because each building has to be reviewed and analyzed, based on certain historic designation criteria. Miami's Code has general criteria for historic designation. It applies to all potential designations, regardless of the age of the building. The designation report relied on Criteria 3, 5, and 6 out of the eight numbered criteria. But before you get to those eight criteria, take a look at that second bullet. There's a requirement in the ordinance that any building that gets designated has to possess integrity of design, setting, materials, workmanship, feeling, and association. You're going to hear from our expert witnesses that a building that failed its client's needs cannot possess integrity of design, and we have an engineer's report in the record at Tab 14 of the notebook that cites improper or poorly executed engineering design and construction on page 4 of that report, so the building can't possess integrity of materials and workmanship. Our engineer, John Pepper, is here to answer any questions you might have on that topic. So for buildings under 50 years old, there's an additional requirement. They have to be exceptionally important. We believe this means one of a kind or unique, and we're going to explain why, but the Babylon can't be unique if there are other examples of Arquitectonica's early work, such as the Pink House in Miami Shores; and in the Brickell area, the Palace, the Atlantis, and the Imperial; all from the same time that City of Miami Page 99 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 are still standing and are far superior to the Babylon, and that's why your staff said in the April 5, 2016 report -- and that's in Tab 2 of our notebook, at pages 8 and 9 -- Has that been handed out? Can we hand that out, please? -- that they had reservations about characterizing the Babylon as being of exceptional importance. So at this point, I'm going to ask Steve Avdakov of Heritage Architectural Associates in Miami Beach to take the podium. His resume and his bio are in our handout at Tab 4. He has over 20 years of historic preservation and architectural experience, including the designation of the Harbor Bay Condominium in Bay Harbor Island; the National Register Nomination of Parrot Jungle's Historic District in Pinecrest, and he was the historic preservation consultant for the Historic Hampton House on Northwest 27th Avenue. I ask that he be recognized as an expert in the historic preservation field. Steve. Steve Avdakov: Thank you, Jeff. Mr. Chair, Commissioners, thank you for allowing me the opportunity to speak as an expert witness. For the record, Steve Avdakov, principal at Heritage Architectural Associates; 4770 Alton Road, Miami Beach. As Jeff mentioned, the Babylon needs to adhere to the general criteria, the 3, 5, and 6, which he alluded to. But because of the age of this property, it must meet Criteria Exception Number 6, exceptional importance. One of the things -- it's important to note that the Miami Historic Preservation Ordinance is based in general on the laws regarding the National Register of Historic Places. Therefore, the guidelines that are issued for the National Register are also applicable for Miami's ordinance, as well. One of the important principles in governing buildings which have less than 50 years of age is the exceptional importance criteria rule, because the 50 year principle safeguards against faddish or contemporary or -- it generally ensures that buildings that are listed in the National Register are, in fact, historic places. Now, National Register Bulletin Number 22 provides guidelines for evaluating and nominating properties that have achieved significance within the past 50 years. Of particular note is in evaluating and justifying exceptional importance, it is especially critical to idents the properties in a geographical area that portray the same values and associations, and determine those that best illustrate; that best illustrate or represent the architectural, cultural, or historic values being considered; or, in other words, in this instance, we need to consider the Babylon and in comparison with other buildings with which it's associated; those buildings constructed by Arquitectonica in the 1980s in the Brickell Corridor. You can see on this map those other buildings include the Palace, the Imperial, and the Atlantis. Let's take a look at this comparison, and we'll -- and once -- and it's important to note that the exceptional importance criteria means that the Babylon exceeds the -- it exceeds the importance of these buildings here. The first building on the left is the Palace, which was completed in 1981. It predates the Babylon in terms of its completion of construction. It was awarded a Florida AIA (American Institute of Architects) Award, an award for being constructed, not a paper design, and at that time, it was the tallest condominium in Miami. The building on the right is the Imperial, which was completed in 1983. The building design motif with the bright red colors and the strong forms embodies Arquitectonica's vision that -- The architecture at that time was meant to be seen, moving 55 miles an hour down the road on I-95, and catching the attention with that. It was 31 stories tall. And most notably, another building from the same era is the Atlantis, which was completed in 1982. This building really came to symbolize Miami. It was featured on the introductory credits of "Miami Vice," when that show was introduced in 1984, and it was emblematic of the energy and the vibrancy, and the sizzle that was occurring during development at that time. Significantly, you see the list of awards that this building achieved for its built design. Most importantly, I would like to point out that this building was recognized 25 years later with The Test of Time Award. That award conveys significance upon this building over time, not on apiece ofpaper during which it was designed, but has stood the test of time. So then one must compare the Babylon with those buildings which we just saw, and, in fact, in my professional expert opinion, having surveyed City of Miami Page 100 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 literally hundreds of mid-century and buildings from the recent past in South Florida and across the country, this building does not meet that criteria; and, in fact, it didn't meet the criteria according to the staff report, when they indicated, in quote, "When compared to other Arquitectonica buildings that were built around the same time, stafffinds it is challenging to distinguish it as exceptional." That's because it doesn't meet the criteria. Additionally, the design that won the award -- it was a citation in progressive architecture -- was really an honorable mention, their lowest -level of award; was based upon the drawings that you see on the left. Those forms were two buildings centered around a pool. That is not what was constructed. The building that was built actually is a continuous building, extends the depth through the court. There were numerous vari -- that's a key difference, different trait of that building. The building is not listed in Arquitectonica's website. It is not their first building; they were constructed and completed, and it does not have that exceptional significance. In fact, only 2.4 percent of buildings in the country, the United States, meet that criteria in the National Register; out of 72, 000, less than 2, 000 meet that. Let's take a look at what does constitute exceptional significance. Many of these buildings -- this building is obviously familiar, the Biltmore. This was designated after 47 years; Falling Water, by Frank Lloyd Wright, one of the most iconic buildings in the country, after 36 years; The TWA Building in New York, by Eero Saarinen, after 48 years; the Chrysler Building in New York, one of the most iconic tops and high-rise buildings in this city, was designated after 48 years; and finally, Dulles Airport, by Eero Saarinen, was determined to be eligible in the National Register after only 15 years, due to the symbolism associated with the jet age and the way it conveys that imagery in its successful design. I think one thing I want to leave you with here: The Babylon was constructed in 1982. In the United States, there are only two buildings that are listed in the National Register -- two -- which satisfy this level of criteria of significant importance: The Thorncrown Chapel in Arkansas, by Fay Jones, which was identified as Number 4 on the AIA's top 10 list of buildings in the 20th Century; and the Portland Building, designed by Michael Graves, which ushered in a new era of design known as post-modern. So I'm going to pass this along to Rick now. Mr. Bercow: I now want to introduce Rick Gonzalez, from REG Architects in West Palm Beach. Rick has over 30 years of experience as an architect. His bio is at Tab 5 of our handout. His experience includes serving on the State of Florida's Historical Commission from 2008 to the present, and he's been the vice chair since 2011. He also serves on the Florida Trust for Historic Preservation. He's served from 2008 to the present, with a stint as president, from 2013 to 2015. I ask that he also be recognized as an expert in the historic preservation field, and then I'm going to wrap up after Rick presents. Rick Gonzalez: Good evening, Commissioners. Rick Gonzalez; and again, 30 years, 300 Clematis Street, as an architect specializing in historic preservation around the State. I'm considered an expert in Florida historic preservation. On the Historic Commission, I'm also the architect for the National Review Board, and to explain that, for example, in just the next month or two, we're going to get this phenomenal building, the Bacardi Building, and the Marine Life -- the Marine Stadium; and so, I get to review those buildings in a committee of five -- I'm the only architect on that board -- before it goes up to Washington, D. C. (District of Columbia). So I provide the architectural expertise while others on the board provide history, archeology, and so forth on our board/committee. So I thought it would be great to show you three examples of buildings here in Florida: The Miami Bacardi Building; the Marine Stadium; and the Kennedy Space Center. The Kennedy Space Center, which was built in the mid -'60s, is the only building -- the only complex of buildings that has been considered of this type of exceptional significance from the State of Florida in all of these years. You just heard from Steve that there's only actually two from the '80s, so there are very, very few buildings that have been able to be considered City of Miami Page 101 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 historic that are less than 50 years. The handout I gave you is also a comparison between this exceptional building, the Bacardi Building and the proposed Babylon structure from the 1980s. This building still has a tremendous neighborhood context. This morning when I drove down from West Palm Beach, I went by again the site. The site is intact; the neighborhood is intact; even the Braman Garage across the street has artistic features that plays off the buildings; and even the Staples across the street tries to do a little bit of relationship, so those buildings are secondary, and they're bowing to the importance of this structure here at Bacardi. The building floats as it hits the ground. The parking podium, it's very important to notice, is hidden. It was a very well executed design by a Cuban American architect who passed away. That's also very important in these kind of cases. It's -- I spoke to the SHPO, the State Historic Preservation Officer. The Arquitectonica buildings would not be recommended to the State because Bernardo and Arquitectonica, they're still in operation, they're still working, so it would be very, very difficult, other than Miami's approval, to take it any further up the ladder. The workmanship is fantastic. The tilework is almost -- it's 45 years old, hasn't had a coat of paint. It's just holding up very, very well. The workmanship and the materials are there. It's really a really solid structure. At the Marine Stadium -- which, by the way, congratulations on moving forward with this exceptional national project; it's very important to not only Florida, but to the United States -- it's amazing that its environment has also held up for the last 25 years since Hurricane Andrew. The basin is still there; the wonderful structure by Hilago Candela that he designed; how it hits the water, and even the ticket booth. The only thing missing is the stage that used to be in the water, that can be reconstructed. We all think of this as a phenomenal project that will get approvals, and continue to move forward in its achievement of national recognition. At the Kennedy Space Center, there are multiple buildings, and there's thousands of acres. There's also archeological significance there. There's been a lot of research. They have found that -- shipwrecks from the 17th Century at this location, so it has archeology, it has landscape, it has environmental significance; and, of course, the Space Program, so it's a very, very special building that it -- a group of buildings -- because that's where our Space Program began. You could say, you know, when you look at the Space Center, even the building designs --for example, the launch control was designed in a way to show what it was all about; in other words, looking at the spaceships that they take apart. That's the only thing that's ever been done in this country at this location, so it is also of exceptional importance. At the Babylon, in the handout that I've given you, if you look at the side by side on the Babylon -- and I'll be closing; these are my closing remarks -- that neighborhood context is still at the Bacardi. There's no neighborhood context left for the Babylon. There used to be mansions in that area in the 1920s and '30s that rapidly changed to high-rises. In fact, today, the Babylon is dwarfed by multiple high-rises in its adjacent setting. The site context and the historic setting for the Bacardi is intact; it's pure; it's in excellent condition. Nothing has damaged it; nothing has interceded with it. It still has that feeling of floating. In fact, it's such a great building, it was recently converted from the Bacardi headquarters into the Art Foundation for students here in Miami. The paper architecture, as was mentioned by the building, the Babylon, is it really Miami's style? I would say the Bacardi, the topical architecture, the modern, mid - Century modern -- MiMo (Miami Modern) is the Miami style. This might be a style that could be said for Arquitectonica, but it's not really that Miami style of the MiMo style. The workmanship; the workmanship is exceptional, exceptional, at the Bacardi. The workmanship, I'm sorry to tell you, is very poor at the Babylon. Our structural engineer is here. The building is falling apart. I also drove by there today again, to take a look at it. It's falling. The design changes have taken a lot of the historic value to the rear of the building. The cultural arts environment, which is also important in the setting, in the historic setting of a building. Bacardi -- if you look at Bacardi's history, in the 1930s, the Bat, in Havana, they did a spectacular art deco building. When they came over here to Miami in the '60s and '70s, because City of Miami Page 102 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 they built the two buildings 10 years apart, they followed that same sense of branding, cultural branding, using the artist, using the Cuban American architects that were involved. In fact, when you look at the Google map for it, you still see the Bat logo on the plaza area of the Bacardi Building. That environment at the Babylon is not there anymore. There's words from your staff that talk about zoning. Well -- the step -back effect that was a relationship to or response to zoning -- well, every architect has to do that. That's not really a special or an exceptional requirement. And the last two items, very important items, the architect no longer is in practice. In fact, Mr. Gutierrez passed away 12 years ago. Mr. Fort -Brescia is still a practicing architect. And then, in my opinion, as an expert witness, when this were to be forwarded to the State of Florida, the SHPO, in conversations that I've had with him over the past couple of weeks with the staff, would not recommend this building to go over, because of all of these reasons that were mentioned beforehand. Thank you. Mr. Avdakov: Just to wrap this up, from all the evidence we presented before you as expert witnesses, the Babylon doesn't meet the exceptional importance criteria, especially when compared with other buildings in the City of Miami or nationally. It does not merit designation under the Code. Because it doesn't meet the criteria of exceptional importance, the Babylon should be overturned. And I think one thing I want to note here to the Commission: Both Rick and myself are preservation advocates. We've jointly presented and lobbied for the preservation of the Miami Herald Building, for the Coconut Grove Arts Center. I've spoken as an expert witness to preserve and designate St. Jude Melkite Church, which is just down the street from the Babylon. This is actually the first time I've spoken against a designation, and I think that's because we're -- we -- Rick and ourselves see it as actually preserving the ordinance, because this really sets a bad precedent. When you start to designate buildings that really don't comply with the ordinance, with the terms -- all the terms of the ordinance -- you're going down a slippery slope. So we definitely recommend that the board and the Commission overturn the designation. Thank you. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you very much. This is an important issue for us. I believe in historic preservation very much, and I also believe in property rights very much. It's very easy for us to get sucked into looking at this ourselves and feeling within our gut whether we believe this is historic designation or not, or historically important or not, and that's not our job. We are here in a quasi judicial fashion to rule on an appeal, and I think it's very important for us to stick to the facts of the designation and the appeal, and what factors force us to choose one side or the other in this case. And I will say very much that I am not a fan of utilizing historic preservation to stop development. I believe in utilizing historic designation to preserve something that is truly worth preserving, or that is important to our history. There's many things in the 1980s that I want to forget; the hair I wore, the clothes I word, and a lot of the buildings. I don't know what that's going to mean to our community 10, 20 years from now, 30 years from now. So it's hard, but we have to pull ourselves away from personal taste in this matter. So I'd like to hear a little bit from our Planning Department, our Legal Department, and our Historic Preservation Officer if I could; and Mr. Adams, if you could help us out with this. Mr. Bercow: Mr. Vice Chair, can I -- Vice Chair Russell: Yes, sir. City of Miami Page 103 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Bercow: -- complete my presentation -- Vice Chair Russell: I apologize. I thought you -- Mr. Bercow: --or should I wait till you're done? Vice Chair Russell: I apologize. I thought that was your closing. Mr. Bercow: No. I indicated I would wrap up after Steve. Vice Chair Russell: That is my fault. I'm sorry. Mr. Bercow: Okay. Vice Chair Russell: Please continue. Mr. Bercow: And I'll just take a few minutes. There is a very important judicial opinion that establishes a three-part test for what constitutes exceptional importance. It's called Metro -Dade County versus PJ Birds. It relates to the historic designation of the Parrot Jungle Property; now in Pinecrest, but at one time, in Dade County. In 1991, the County's Historic Preservation Board applied the exceptional importance standard to the portions of Parrot Jungle that were then less than 50 years old. The County Code, like your Code, has a special standard for designating properties that are less than 50 years old. It says they should not normally be considered for designation; however, such a property will qualify if it is of exceptional importance. The City of Miami Code uses virtually the same language. The Third District said exceptional importance is based on generally recognized professional standards that come out of the National Register -- Is everybody okay over there? Chair Hardemon: It's okay. It's just -- that's just all of the books that we have to read to prepare for these meetings. Vice Chair Russell: It's the weight of the law falling upon us. Commissioner Gort: Of course, the law. Vice Chair Russell: Have no remorse for us. Mr. Bercow: I mention law, and that's what happens. Commissioner Carollo: That was historic. Mr. Bercow: These standards come out of the National Register, and they're applied on a case-by-case basis. The standards used to determine exceptional importance or whether the site is one of a kind or unique directly related -- let me go back -- or significant to a major theme in a region's development or cultural history, and significant in multiple areas, which can include history, architecture, landscape design, and archeology. The Third District made it clear you have to satisfy all three. Now, the Historic Preservation Board determined Parrot Jungle was one of a kind, based on its incorporation of limestone architecture and tropical landscape design. Babylon is not one of a kind or unique. The bright red ziggurat fagade, that was relatively new at the time of its conceptual design, but if you see, that type of geometric architectural figure was preceded by several years by the Pink House that Arquitectonica designed in Miami Shores. You heard from Steve that Arquitectonica also designed the Palace, the Atlantis, and the Imperial in Brickell that had similar design features. Those buildings also were constructed in the 1980s, in the same City of Miami Page 104 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 geographic area. So Babylon, almost by definition, cannot be unique, and it certainly is not one of a kind. Now, the second criteria is whether -- Vice Chair Russell: Could I ask one question on that? And I apologize to interrupt. Mr. Bercow: Yeah. No, please. Vice Chair Russell: So the Pinecrest Gardens is considered one of a kind or unique because of its limestone construction? Mr. Bercow: They actually refer to indigenous limestone construction; meaning it was, you know, something that parroted the native limestone architectural techniques, as well as its tropical landscape design -- Vice Chair Russell: But isn't -- Mr. Bercow: -- and that's together what made it unique. Vice Chair Russell: -- that actually pervasive throughout Coral Gables and other areas, the limestone construction and the tropical --? I just want to put it into context if we're saying unique is one of a kind, and that's the example of a one of a kind. Mr. Bercow: It was the combination of the two -- Vice Chair Russell: Uh-huh. Mr. Bercow: -- the indigenous limestone architecture, as well as the tropical landscape design. I know that Steve worked on that for the National Register designation. Perhaps he can explain it. Mr. Avdakov: Yeah. Basically, it's significant because it utilizes a local building material in a vernacular way at an early time. So it relates to the local context, in addition to the site, you know, the landscaping and the historic waterways that went through that area at that time. Vice Chair Russell: Understood. Thank you. Mr. Bercow: So the second theme is that it has -- second prong of the test -- it has to be directly related to major themes in the community's history. Parrot Jungle met this standard, because the court said it was a fine example of an early 20th Century Florida tourist attraction. From its opening in 1936 to the time it was designated, more than 12 million people had designated -- had visited that site. And obviously, that creates a lot for tourism and the commerce of Miami -Dade County. Now, while Arquitectonica has contributed significantly to Miami and is internationally known, the Babylon itself is not. And the exceptional importance criteria can't solely be based on the firm that designed the structure. The site itself must also have contributed to the region's development or cultural history, and the Babylon does not. So the last part of the test is that it has to be significant in multiple areas. The Historic Preservation Board found that Parrot Jungle was significant to the region's architecture, to its commerce, and to its landscape architecture; especially because, as you heard from Steve, it contained a portion of the original Snapper Creek stream bed. The Babylon is not significant in multiple areas. It may have some merit in architectural design, but that's limited to the conceptual design and not the actual construction of the building. And as you heard from Steve and from Rick, the Babylon that was constructed was significantly different from the conceptual designs that won the award. There were no significant events that took place at the Babylon, City of Miami Page 105 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 and it did not contribute to South Florida in a meaningful way, the way Parrot Jungle did. So in conclusion, the Babylon does not possess integrity of design, setting, materials or workmanship, and I think you've heard from our experts on that. It doesn't satisfy the three considerations identified in PJ Birds to establish exceptional importance. It's not unique or one of a kind; it's not directly related to a major theme within the City of Miami; it's not significant in multiple areas. We don't believe the Babylon warrants the determination of exceptional. It doesn't deserve the historic designation. And we'd like to reserve just a few minutes for rebuttal, if necessary. Thank you. Vice Chair Russell: Thank you, Mr. Chairman. Mr. Adams, and Mr. Garcia, and Mr. Suarez -Rivas, if you can help us through this. Francisco Garcia (Director, Planning & Zoning): Very briefly, by virtue of preface to Mr. Adams' testimony, I'd like to frame this in context. The original hearing at the Historic and Environmental Preservation Board happened prior to Mr. Adams' tenure, and there was at that time a report produced, which was presented to the HEP Board. The HEP Board, as I have advised you each in the briefings, came to the conclusion that it was worthy of designation, and that brings us to where we are today. Having said that, I will yield to the Preservation Officer, Mr. Warren Adams. Vice Chair Russell: Thank you much. (UNINTELLIGIBLE) Mr. Chairman? Mr. Adams, it's been expressed to us today that in order to designate something that's less than 50 year old -- 50 years old -- we need to meet three criteria to take it to an exceptional level. Is that correct within our Code? Warren Adams (Preservation Officer): The three criteria that they were referring to, they're not actually in the Code. That's actually a legal judgment. Mr. Bercow: That's from the Third District Court of Appeal, correct. Vice Chair Russell: Based on precedent or based on the standards and guidelines within the Federal Interior -- Mr. Bercow: The answer to that is, 'yes." It's based upon the Miami -Dade County Code, which is worded exactly the same way as the City Code, and that Code was based upon the National Register Bulletin that was promulgated by the Department of Interior. So those standards come out of the Department of Interior, the National Register Bulletin Number 22, and that's what it's based on. Vice Chair Russell: Would you agree with that? Mr. Adams: Yes. Vice Chair Russell: And the three characteristics mentioned were: Unique or one of a kind -- Mr. Adams: Yes. Vice Chair Russell: -- directly related to -- significance to a major theme in the region or development or cultural history; and three, significant in multiple areas, which can include -- and then the ones listed were: History, architecture, landscape design, and archeology. Mr. Adams: Yes. Vice Chair Russell: Does this building meet those three criteria? City of Miami Page 106 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Adams: I believe so, yes. Vice Chair Russell: Could you walk us through that, please? Mr. Adams: Well, one of a kind: While it was stated that the other buildings in Miami that were referred to, the Imperial, the Palace and the Atlantis, were all built, you know, prior to the Babylon, the Babylon design was actually completed in 1978, I think it was. So the design was there before these other buildings were built. And this was Arquitectonica's very first commission. Yes, they designed the Pink House, but that was in conjunction with another architect, and that house was designed for one of the Arquitectonica and owner's family. So what we have in the Babylon is the first commercial design, designed by Arquitectonica. So I don't see how you can get much more unique than being the first designed by that company. And so, I believe that it is unique in terms of the history of Arquitectonica. Vice Chair Russell: It's not really fair; it just sounds historic when he says it, doesn't it? Chair Hardemon: Arquitectonica. Vice Chair Russell: It's not really -- it's not fair. When you speak with a Scottish accent, everything sounds historic. What about Number 2; directly related to -- significant to a major theme in the region? Mr. Adams: It's been widely reported that, and the Babylon was responsible for the creation of the architectural style of downtown Miami. And that's not me saying that; that has been reported extensively in various newspapers and journals, and that information is available out there. Vice Chair Russell: And this last one's a little more difficult for me; significant in multiple areas. I don't really know how to define that as a criteria. It says: Which can include by their definition history, architecture, landscape design, or archeology. Mr. Adams: Certainly significant in the area of architecture; certainly significant in the development of downtown Miami; certainly significant in the development of the architectural style of downtown Miami; and certainly significant in terms of the actual architects and the company, Arquitectonica, who went on to international fame. Chair Hardemon: May I ask one question? Can you speak to the part about the workmanship -- Mr. Adams: Yeah. Chair Hardemon: -- and I believe it was some sort of -- Mr. Adams: Workmanship -- Chair Hardemon: -- it was a -- there was a term that was in the -- that you presented earlier on that. Mr. Bercow: Possess integrity of design, materials, and workmanship, and setting. Mr. Adams: Yeah. I -- City of Miami Page 107 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Can you speak to that? Mr. Adams: Yeah. I believe you've actually been misled there. What -- my understanding of "integrity, " which is based on the National Register and Designation Brochure, my understanding is that "integrity" means it hasn't changed. So, in other words, if something has integrity, it has not changed over time. So the building has integrity of design, because the design has not changed as far as I'm aware, and I've only seen it from the street. There are no additions to the building. Integrity of materials, again, the materials you have in that building are the original materials the building was built from. And integrity of workmanship, well, again, the building has not designed [sic]; therefore, the building retains its integrity, because it has not changed. To my opin -- my mind -- "integrity" does not mean that something has slightly decayed over time a lot. In my mind, it means, "Does that building retain its architectural integrity?" and it most certainly does, because it's not changed. Commissioner Reyes: Excuse me. Can I ask a question? Chair Hardemon: Please. Commissioner Reyes: From what I heard, was this building scheduled for demolition, because it was unsafe? That's what I heard from you guys. Is that true? Mr. Bercow: It was ordered for demolition by the Unsafe -- Commissioner Reyes: Ordered for demolition. Ordered by --? Mr. Bercow: -- ordered by the Unsafe Structures Panel. Commissioner Reyes: But that then goes against integrity aspect of it, of -- Mr. Bercow: I would think so, and at the appropriate time, I'd like to ask our experts to rebut Mr. Adams' testimony. Commissioner Reyes: Also, I have another question, you see. I have another question. As -- from what I understood that -- I mean, what you were saying is that the building was scheduled for demolition. And why? Why? What drove the board to then declare it historical? Did the owner of the building ask for it to be declared historical, or it was just out of -- "I see this building, and I like it, and I declare it historical, and I have the power to do that"? I mean, excuse me, because I don't know what power does the board has. Mr. Bercow: Yes. So what happened was the owner had applied for rezoning. The community came out and opposed it. Ultimately, the City Commission deferred it indefinitely. But in the interim, the Unsafe Structures Panel ordered that it be demolished. Commissioner Reyes: I see. Mr. Bercow: The owner did not move right away. They ultimately did apply for demolition permits. My understanding is that the permit was scheduled to be approved, but the next day, the next day, the HEP Board -- the ice hair of the HEP Board initiated the designation process, which put a moratorium on the demolition permit, so it could not issue. Chair Hardemon: Counselor -- City of Miami Page 108 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Bercow: Yes. Chair Hardemon: -- would it be a true statement that the Unsafe Structures Board gave a -- it was a "repair or demolish" order, or was it a "demolish" order? Unidentified Speaker: Repair. Mr. Bercow: I'm going to ask Mr. Robertson to respond to that. Tom Robertson: The order itself was a "repair or demolish." I'm Tom Robertson. I'm one of the attorneys at Bercow Radell Fernandez and Larkin. It was a "repair or demolish. " However, when it was authorized for that, it was -- actually exceeded the amount allowed within your Code for what could be allowed to be repaired. Your Code says 50 percent of the cost of the property is what you can have for renovation. It was at 61. That percentage is contained in your Unsafe Structures Board's calculation. And so, at the time it was told it was allowed to repair, it actually exceeded the cost for what was allowed by your Code. Chair Hardemon: Who determines what that cost is? Mr. Robertson: It was an estimate created by your Unsafe Structures staff. They have a calculation sheet that they use. They did the calculation. I think it's in the record. They came out with 61 percent -- Vice Chair Russell: What's that dollar amount? Mr. Robertson: -- of the cost in order to renovate. Vice Chair Russell: What is that dollar amount, please? Mr. Robertson: The dollar amount, if I remember correctly, was in the range of 440,000 at that time. I don't have the exact number in front of me. I apologize. Vice Chair Russell: 440, 000 for the repair? Mr. Bercow: I have the numbers. The repair cost was $466,000. The present value cost was $766,000. The ratio was 61 percent, which exceeded the 50 percent. Vice Chair Russell: The present value cost of that structure, as is, is $766,000? Mr. Bercow: The way they get to that is they have a replacement cost of 1.2 million, and they subtract the repair cost of 466, and they got to the present value of 766. So the 466 constituted 61 percent of the 766, which is the present value. Unidentified Speaker: That does not include land value. That's just the -- Vice Chair Russell: Understood; otherwise, I'd try to buy it for that; not that I have it. But Mr. Adams, when -- so -- and I recognize what Commissioner Reyes is saying. So this was on its way to demolition. What is the mechanism through which the Historic Environmental Preservation Board has the ability to -- When something's on the way to demolition is sometimes the last chance that you notice that something is about to be lost that perhaps should be saved. What is our legal mechanism through our Code to actually put the brakes on that demolition, or does that exist; or, as Commissioner Reyes is suggesting, is that us just, you know, jumping in, because we like the building and we want to save it? Do we have that right? City of Miami Page 109 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Rafael Suarez -Rivas (Assistant City Attorney, Supervisor): The Code provides what's known as an interim protection measure for historic designations that occur from the time it is preliminarily published; notice for preliminary evaluation by the board. As you know, there's two hearings for that. There's the first preliminary hearing, and then there's the second hearing. They're both public hearings where the board would consider, you know, whether something merits designation under the Code, and it is because of that that there was that interim protection measure that ends after a period of time. The board either has to approve a designation, or the time, you know, ends automatically, you know, by operation of the Code. And I think it would be fair to say, you know, Commissioner, that if a permit had already been pulled, had been issued, the board would not have been -- had the opportunity to consider that, but I don't think it had in this case. Vice Chair Russell: So in your opinion, we have not overstepped our Code with regard to the process of designation; the question here is whether or not the designation was accurately applied? Mr. Suarez -Rivas: Right, yes. I mean, I may be getting ahead of myself, but basically, right. On appeal in this de novo hearing, the Commission, based on the facts and the evidence in the record as submitted would be deciding, really, is the building exceptionally important under the relevant criteria? And I agree with counsel that said that we use similar criteria to the County, which is the U.S. (United States) Department of Interior National Parks Service criteria. So that's really the issue here, as opposed to -- I believe that the process was followed, to my knowledge; yes, sir. Vice Chair Russell: Thank you. And if I could speak a little to the property rights at this point, when we designate historic, some would say that you're -- could be enhancing the value of a property, but some would say, "You're taking my ability away to develop that property. " We have a mechanism of once something is designated historic that they are able to sell and transfer their development rights. Mr. Garcia, could you help me understand in this particular case how that could be calculated? What relief do they have financially that would help them potentially with the remodeling or maintenance of the building? Because that's the intent of that part of our Code; is that correct? Mr. Garcia: That's correct, sir. The City of Miami has an active Transfer of Development Rights Program, and what it does basically is it attempts to allow a property which has a structure that has been designated to transfer the remaining capacity of development beyond the building that exists to recipient properties elsewhere in the City, and it allows the property owner to enter into a private transaction to sell those development rights to someone who wishes to buy them. In this particular case, as pertains to the subject property, there's a simple formula that one would apply to determine how much development capacity is transferable from it, and it goes as follows: One takes the floor/lot ratio, which is the development capacity -- or the way to calculate the development capacity of the site; that happens to be 5. The multiplier is 5, because of its present zoning designation of T6-8. If one were to multiple the FLR (floor/area ratio) of 5 times the net lot area, which is approximately 16,000 square feet, one gets that, the total capacity. The maximum development capacity of that lot is approximately 80,000 square feet. The existing building has approximately a gross floor area of 5 7, 000 square feet, which means that the remaining development capacity is approximately 23,000 square feet. Those 23,000 square feet then could be sold on a square -foot -by -square -foot basis to a developer who chooses to buy them elsewhere in the City. Vice Chair Russell: And how can we determine the value of what they could sell that for; its market base? City of Miami Page 110 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: Market rate. Mr. Garcia: That is subject to our private transaction. Vice Chair Russell: Do we have any estimate of what that might be at this time? Mr. Garcia: Anecdotal at best, sir, but I have heard estimates between eight and $12 per square foot. Vice Chair Russell: So even on the average, if it were $10, they could possibly sell the transfer of development rights for $250, 000, something like that? Mr. Garcia: There is -- that would be correct, except there is a multiplier, as well, and I'll ask Warren to confirm that the multiplier is -- Is it 2 for designated historic structures? Mr. Adams: I think it is 2; I need to check. Mr. Garcia: Right. So you essentially double that. Vice Chair Russell: Double that; so up to half a million dollars could be gained from the transfer of development rights, which would actually exceed the expected repair cost of 466,000, and we wouldn't have to drain our Police Pension Fund to pay for it. Mr. Garcia: That's correct. Vice Chair Russell: I'm kidding. Mr. Bercow: Commissioner, Commissioner, I mean, honestly, I think that we're getting far afield of the issues that are before this board, which is, "Does it satisfy your Code's criteria?" Vice Chair Russell: That is true; you're right. Mr. Bercow: If we lose this -- and I hope we don't lose this -- we'll have that negotiation at some point in the future about what we do with this property. But I'd like my partner, Melissa Tapanes-Llahues, to talk about the TDRs (Transfer Development Rights) for just a minute since you brought it up. Melissa Tapanes-Llahues: Just one moment, because I just completed a TDR transaction, accepted by the City of Miami for the new Cambria Brickell Hotel, next to Southside Park, and that TDR was at $5 per square feet. It was completed just about in December 2017. It was -- and I also want to mention to this Commission that the Commission today is actually looking to devalue the price of TDRs by requiring that 50 percent of every public benefit transaction be purchased by the City of Miami or through the City of Miami's Public Benefit Bonus Program. So, for example, on Brickell, that's $17.72. As the City Commission has recognized the price of TDRs are extremely low at currently $5 a square feet, and the actions of this Commission will go just to lower even more so that $5 per square feet of current market value of TDRs. Thank you. Vice Chair Russell: So in your estimate, it could be half of what we were talking about; not that it's relevant to the appeal itself, but just out of curiosity toward property rights and the remedies available to you? City of Miami Page 111 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Tapanes-Llahues: I just wanted to, you know, rebut Mr. Garcia's $12 per square feet, because I just completed a transaction, approved by the City's Historic Preservation Office in December 2017, as far as the value. Vice Chair Russell: Thank you. My other question had to do with when historic designation of a structure that may not be in great shape -- and I think that's probably rather common, at whatever age they -- at what point do we say, "It's important to keep this, but it's too expensive to fix it," or "it's too far gone"? And that goes to -- I would like a legal interpretation of the integrity standard, if I could that's -- that was -- that's been mentioned several times; whether we're talking about structural integrity or design integrity. It's been referenced a couple times, and they mean complete different things, obviously, and I wanted to get a little bit of -- a little legal guidance there, but if you could maybe help me understand the philosophy of historic designation of buildings that are in pretty bad shape. Mr. Adams: Number one, you would have to look at how much has to be replaced or repaired. So in other words, if you were replacing or repairing, or changing the majority of the materials or the features of the building, then that's when the building's integrity is compromised. So in other words, if you have to remove or replace 50, 60, 70 percent of that building -- for instance, if you have a house and you can only keep one facade, well, really, that gets to the point that you're pretty much destroying the building's integrity, because you're replacing 75 percent of it. With regard to cost, there is an element in the court that basically says we cannot cause a financial hardship to a property owner, but the owner would have to prove there is a financial hardship through undertaking those repairs. That would involve the submittal of accurate costs and accurate finances of the property owner, but we cannot impose a financial hardship on a property owner. Vice Chair Russell: Thank you. And -- Ms. Mendez: I just wanted to alert you to one section of the Code that I actually drafted, so 10-101, Unsafe Structures Panel. At the end of the section -- and it has to do with the historic preservation part -- if a -- if such structure has been designated historic and is under the City's historic preservation jurisdiction, demolition procedures shall, whenever possible, abide by the process as set out in the City's Historic Preservation Ordinance, as found in Chapter 23 of this Code, unless there is an immediate threat of danger, as determined by the Building official. So I need the Commission to always understand that if there is a structure that is historic, which this one technically is in this appellate process -- though it's not designated as of yet -- but if there is a problem with demolition, then that -- it's not precluded. And obviously, a process can be followed, and if it's imminent danger, it can also be demolished. So that's allowed by our Code, and if there's enough proof and evidence with regard to that, that is a process. Now, with that said, right now, we are in an appeal of a designation, and there's been information given to the Commission on both sides with regard to the evidence, and the fact of whether or not this is significant. There is that threshold of 50 years that this Commission must take into consideration in order to make their decision, but there is -- there are options with regard to demolition, but that is not really here before us today. Vice Chair Russell: Understood, and thank you. And so, completely aside from our discussion of TDRs or anything else, or even demolition, I really believe that our decision has to be based on whether it meets the exceptional criteria to -- Commissioner Reyes: Absolutely. City of Miami Page 112 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: -- knock out the 50 year requirement. And from what I understand from our Historic Preservation Officer, I agree that it does meet those three criteria; and so, I would move to deny the appeal. Chair Hardemon: It has been properly moved. Is there a second? Commissioner Carollo: I'm going to second it for discussion, further discussion. Chair Hardemon: I do want to give the appellant an opportunity, because I know you indicated that you had some rebuttal time -- Mr. Bercow: Yes, sir. Chair Hardemon: -- and you also wanted some time that you possibly wanted to cross-examine someone. I'm not sure if you still want to do the cross-examination, but at least you have an opportunity to rebuttal while there's still enough -- Mr. Bercow: Thank you. I -- Chair Hardemon: --for the two of you to still debate the -- Mr. Bercow: Yes, sir. Chair Hardemon: --issue. Mr. Bercow: I don't need to cross-examine Mr. Adams. I do want to examine our expert witnesses to help me respond to some of the points that Mr. Adams made. I'd like to ask Steve Avdakov to come to the podium, please. You heard the -- Chair Hardemon: Can you do mea favor? Can you, Mr. Avdakov, take this lectern; and you, sir, step away? Mr. Bercow: So as he's walking over there, Steve, you heard that Mr. Adams said that the reason that he thought that Babylon was unique and one of a kind was because the design was completed in 1978, and it was the first commercial design from Arquitectonica. Was that design the -- implemented when the building was constructed? Mr. Avdakov: The design is significantly different from what -- or the building construction was significantly different. If you're able to put back the slide, which I had in my PowerPoint, if that's a possibility, it shows the design versus the construction. The design -- go ahead and get that up there, please, before I continue on. It is important to see; you know, pictures really convey the differences here. Okay. The images on the left are the design, which were completed in the late '70s by Arquitectonica. The design, as you can see, consisted of two distinct structures there, separated significantly by a pool, which is located on the second floor, creating two masses separated by a void. The constructed building, which was completed in 1982, on the right, is continuous. There is only one mass, which extends the depth through the lot there. So that's a significant difference from the design parte, which received the award from the design publication to what was constructed, which received no awards. Chair Hardemon: Let me ask you a question, sir. Mr. Avdakov: Sure. City of Miami Page 113 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: I'm looking at the design that you -- that is at the very top left of this, dated 1978. That appears to be -- I guess in the layman's term -- a very rough, if you will, preliminary design of a building. It is not something that I would expect to be turned in to a Building Department or anything of that nature. It's almost like an architectural rendering that is probably at -- in its infancy. And when I compare that image to the one that's just below it, there's a difference in those two; one is 1980 versus 1978. The one, 1980, that is just below it, it shows it as what is built, which is not exactly as it's built, but one structure that is continuous throughout the site, as compared to the two different structures that are built, as you explained earlier, surrounding a pool. So can you help explain where the image above came from versus the image below? Because, I mean -- Mr. Avdakov: Sure. Thank you for your response there. The image above was actually submitted to Progressive Design as an aura, so it wasn't a preliminary design. The design had already been worked out. That's an artistic rendering of a developed design for effect, you know, to suggest the romance of the moon in Miami, and invoke a certain aura; however, that design was what was submitted to a publication for award. The other image below was taken from, I believe -- I can't recall exactly. I don't know if it indicates on there, but still, I believe there was a difference in separation between the two different buildings. So, clearly distinct from what was initially recognized versus what was construction, and received no credible recognition by any agency or authority, like the AIA, or -- Chair Hardemon: So then the question would be, when you describe it as historically significant, if you will, your argument is that the design, and not necessarily what is built, is what is significant about the structure? Mr. Avdakov: I do think design is what was recognized at that time, and I think what needs to be considered -- once again, Igo back to -- is we're evaluating this in terms of historic significance now; not a design award, but through historic significance through your ordinance, and exceptional importance is what is designated here, and that goes back to National Register Bulletin Number 22, and the argument that this building needs to be significant in the context of the other Arquitectonica buildings, which were developed at the same time. The Palace was actually built before this building was completed. So they all were generated approximately the same time. There's no clear gestation of this building being out there first, and then the other ones following. Arquitectonica obviously is a very successful firm, and they were successful very early, so they all originated concurrently. So this building needs to be judged in comparison with those other buildings for the significance (UNINTELLIGIBLE). Chair Hardemon: I'll let you continue. Mr. Bercow: Thank you. The second criteria, Steve, we heard Mr. Adams say that with respect to the second criteria, which is significant mult -- related to a major theme. Mr. Adams said that it's widely reported that the Babylon was responsible for the architectural style in downtown Miami. I know that you and your firm did an extensive review of the literature available on the Babylon and Arquitectonica. Did you find anything along those lines that said that it's -- was -- were there media reports at the time or --? Mr. Avdakov: I don't recall seeing a specific article mentioning that it was influential to the design in Miami or downtown. What I do recall seeing is it wasn't listed on their website. The other three buildings were listed; the Palace, the Imperial, and Atlantis. And in all their work, in their publications, in the Book of Arquitectonica that was published by Beth Dunlop recently in 2014, I believe, the building is not mentioned in any way in that. And in numerous articles, you know, in City of Miami Page 114 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 -- that were published shortly thereafter, it mentions the other buildings. The Babylon would be mentioned in passing, but much more press was dedicated towards the other three buildings which we analyzed. Mr. Bercow: Thank you, Steve. I'd now like to ask Rick Gonzalez to comment on Mr. Adams' statement that he believed the building has integrity of design. And this goes back to the requirement for any historic building; that it possess integrity of design, setting, and we're going to get to materials and workmanship. Rick, when -- I know that you had some comments about the design and setting of this building, how it is located on the site, how it relates to the area, how it relates to the pedestrian setting. Mr. Gonzalez: Yes. Mr. Bercow: Could you perhaps explain your belief about whether this possesses integrity of design and setting, and contrast it to the Bacardi Building as a good example of that? Mr. Gonzalez: Yes. I prepared this handout that I gave you today as an example to help you analyze both buildings; the exceptional Bacardi and the Babylon. Even when you look at the Babylon drawings that show an arrival at the ground floor, if you look at those renderings, both the upper rendering and the bottom rendering, that's not what happened at the Babylon. They lifted the Babylon and they put the parking structure. When you drive by the Babylon today, there's an exposed gray concrete parking structure that's visible. The awkwardness of the entry: So they had to figure out the entryway. You see the steps. The steps come around and they kind of turn and come up to the building; very, very different from what was done in the Bacardi. Bacardi has a beautiful blue tile all the way along Biscayne Boulevard. The building comes and lands. It floats. The stairs are spectacular. The stairs are lightly coming down directly to the front of the building, very well executed, very well -organized. That's not what happened over here at this location. Mr. Bercow: Okay. And would you say that every historic building has to possess integrity of design and setting? Mr. Avdakov: Yes. Every structure that is exceptional and even historic has to keep that. The Marine Stadium, for example, even though it's been closed for 25 years, it still has that. There have not been large buildings built around it. The basin is still there. The ticket booth is still there. The original design into the water is still there. You have to have design integrity. Without that, you know, you really lose it. I mean, just today, I even noticed that the front not only has the two driveways coming in and out of the garage; there's parking all over the front of it. There's no street setting. There's no streetscape to make it part of the neighborhood; integrate into the neighborhood. Mr. Bercow: Thank you, Rick. And the last witness I'd like to call is our structural engineer, John Pepper. John, won't you take that podium, please. As you're walking over there, again, that same criteria for all historic buildings says that they must possess integrity of design setting, materials, workmanship, feeling and association. Does this building, in your professional opinion, possess integrity of materials and workmanship? John Pepper: I'd like to address design, too, with -- I'm a simple engineer, and I'm not going to speak about the architecture and its benefits and the historical preservation, this and that. What I'm going to tell you is the structural design in the beginning would not have met the Code at -- the South Florida Building Code at the time I was practicing then. It won't make it now. Many years ago, over 50, I was in City of Miami Page 115 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 school at the University of Miami studying architecture, though I'm an engineer. And I was told by a very imminent professor at the time that the first thing you do as an architect is you keep the water out of the building. The second thing you do makes it better and better, and better. I thought in my 20 -year-old mind at the time, he was talking about keeping the water off your head. But I've learned after more than 45 years of practice as a structural engineer that it also is keep the water out of the building from deteriorating the building system. This system was built -- this building was built -- I should say "structure," because it's lost its integrity as a building from an engineering point of view -- was built extremely inexpensively, and that's using a nice word for it. It -- the ziggurat shape felt to me personally attractive, allows the water to come down off the roof- come down, hit the next level, run out and go down the wall to the next level; run out, go down the wall to the next level, and so on till you get to the ground. There's not a situation where the cantilevers stick out and you have a drip edge and cause the water to go down and not fall in the building; it comes down the walls. Consequently, what that's done, since this building was built inexpensively with a system called Epic, with steel -- a steel form on the bottom, which becomes the bottom steel, concrete, and some more steel on the top -- this type of system is never supposed to be exposed to weather. Vice Chair Russell: What's it called? I'm sorry to -- Mr. Pepper: It's Epic. Vice Chair Russell: Epic? Mr. Pepper: Epic steel. It's still used. I personally refused the design of a large complex in Aventura probably 30 years ago, because it was on the water, and this system doesn't do well on the water at all, and it hasn't. It's corroded to pieces. But worse than that, as I testified before, as the water comes down the building and comes down the wood header beams -- underneath this concrete are wood header beams, and they're like 2 -by -8s, and a 2 -by -8 here, maybe, and they're about six inches and some more 2 -by -8s, which is the vaguest attachment to the concrete above. These things, which constitute the walls of the -- almost the entire building, sliding glass door to sliding glass door, are rotted to pieces; they're termite eaten; they wouldn't hold the load when they were new; they won't hold a load now, and it's a danger to the public in the event of a wind. I went out there the other day. Pieces are falling down that weren't falling down before. When you want to talk about materials, workmanship and structural design, this building doesn't have any of it; doesn't have any of it. If -- had it been built -- and people say, "Well, why after 37 years is this building in such bad shape?" I first started designing buildings in 1970, 20-, 30 -story buildings; in 1990, 40 -story buildings. They're still around; they're fine; they didn't have wood header beams barely attached to a concrete slab and that rotted away due to the misdirection of the water. Workmanship, design, materials, this building is a bad example of all of them. Mr. Bercow: Thank you, John. Mr. Pepper: Thank you. Mr. Bercow: Thanks. Thank you, John. I just want to point out that with respect to the unsafe structure issue, a portion of your Historic Preservation Code actually relate -- deals with and addresses unsafe structures. And it says that if a designated property is unsafe, the board cannot -- the board and the City may not take any action that is inconsistent with that order and with the Unsafe Structure provisions of Chapter 8-5 of the Miami -Dade County Code. This designation, to the extent it requires the preservation of this building, is inconsistent with those provisions and the continued designation would actually violate Chapter 8.5 of the County Code City of Miami Page 116 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 and Section 23-6.3(c) of the City Code. So finally, I just want to say that, you know, not every work -- Arquitectonica is a great firm. We're working with them on a number of projects today at our firm. We love them and we love the work they do, but not every work of a master deserves to be designated. The National Register of Historic Places says, in Bulletin 15, not every building designed by Frank Lloyd Wright is eligible to be designated under their criteria, and that certainly would be true for Arquitectonica. For example, no one's arguing that the Miracle Marketplace, built in 1989, should be designated. And by the way, that's another Arquitectonica building that isn't included on the firm's website, just like the Babylon. It does not possess integrity of design. It was a failed building from the start, and only rescued when Beam (phonetic) came in and redesigned it in the early 2000s. And like the Babylon, it's a building that should not be designated. We think the Babylon should not be designated and we ask you to overturn the designation and approve our appeal. Thank you. Commissioner Carollo: Can I speak now? Chair Hardemon: Sure. Commissioner Carollo: I been waiting patiently here, and everybody give their take on this, and I guess after 35 years, I could probably speak a little bit on the expertise I have on this issue. Mr. Bercow, I'm surprised that with all the years that you lived in Miami, you missed the historical importance that the Babylon has; maybe a lot of people have, also. Do -- Outside of Persia, the ancient city of Babylon, do any of you understand and realize how this name, "Babylon" became famous in this location? Well -- Mr. Bercow: Yes. Commissioner Gort: They don't. Commissioner Carollo: -- there was a movie some years back called "Scarface." The movie had to do with the days of cocaine cowboys, "Miami Vice," and that wonderful era that we went through in Miami. The name of the club in the movie was called Babylon. And the reason they named it Babylon was they didn't want to use the real name, the Mutiny. So they went to the closest name with some of the players involved that they were trying to show their story around and use the Babylon over here. How this whole Babylon became historic -- I'm going to give you a little history. I'm a history buff. But in this one, I was a participant in different areas. There was a bank one time called the Sunshine State Bank. That was the first bank in the history of the United States of America where the Federal Government proved -- proved -- and people were convicted and pleaded guilty to; that it was founded with drug money. People that were involved in the trajficking of marouana -- started in mar�juana, then moved on to cocaine -- founded that bank; the same bank that paid to build these apartments; that's where the money came from -- the historic money. But they weren't just any drug traffickers. The main guy that was going to get involved; then he decided that he really didn't want to put his money there, he was having some problems already; the guy that his lieutenants were the ones that ended up investing the bulk of the money; Jose Antonio Fernandez and Geraldo Jorge Guevarra. The guy that has his lieutenants investing money was the guy by the name Jose (UNINTELLIGIBLE) Volvero Cruz. He's the guy that was the father of the concept of "the mother load. " Once it came, they would bring the fast boats and they would unload them in 15, 20 of the fast boats, and they would take off quickly to minimize the loss of a whole shipment into many smaller ones from DEA (Drug Enforcement Agency). How -- yes, they were convicted of bringing the drugs through Florida, Texas, Louisiana, because some other agency high up in Washington didn't want DEA and the U.S. Attorney's Office here to reveal what these City of Miami Page 117 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 guys were really all about. It wasn't to the benefit of our government, apparently, at the time. A lot of these shipments that they also brought in were brought in through Cuba, with the blessing and paying off of the Cuban naval forces, including all the way up to the President of Cuba today, Raul Castro. They would bring in their loads, they would be in safe harbor in Cuba, and when our Coastguard was not in the area, the Cuban patrol boats would escort them out so they could bring them to the ocean, and the fast boats come in and unload them. In return, they would either pay them in cash; or like they did one time, they took back to Central America 5, 000 AK -47s from Cuba so that they could be given to certain guerrilla groups. This is the real history of the Babylon. At the time, there was a DEA agent that's no longer with us, unfortunately; name of Elino [sic] Fernandez. Evelino was the one that made the whole case that had all these people arrested, and he, in fact, was leading a group within DEA that they were strictly investigating the drug connection between the government of Cuba and the United States. So this is the history that we will be preserving over here if we keep this place. You know what "historical" is? This building here. This is real history. Commissioner Reyes: Absolutely. Commissioner Carollo: But to try to preserve a place that was built on the cheap by a guy that was so high most of the times that he didn't know what was coming or going; not to the extreme as the real Scarface in the movie, but, boy, it's amazing to me that we're discussing this 35 years later. And 35 years later, I'm going to tell you why I know so much about this. I see some of your face a surprise, because the agent that I mentioned here, for whatever reasons that I won't get into, came to me early on in the investigation that he thought I could help him with some chaps that I knew up north, and within 72 hours, I had someone come down and meet with him at his house with me, and he received the additional help he needed so he could close all these cases, and a lot of people were arrested; a lot more than I mentioned here, including one that had a cable TV station here in Miami, and you'd be surprised who were the people that were the news directors there, but I won't get into that; that's history. So ladies and gentlemen, I am amazed that we spent so much time to try to glorify and to try to make historic one of the worst buildings in an era that I think Miami would like to forget. And with that, I mean, you all need any more information -- I've only given you this much -- I'll be happy to. I could give you stories that your hair would jump. When Mr. Jose (UNINTELLIGIBLE) Cruz got arrested by DEA in Spain, he was ready to board a Cuban airlines plane to go to Havana with a brand new, freshly minted Cuban passport that the Cuban Embassy in Spain had given to him. He didn't quite make it. His lieutenant that put the bulk of the money in the bank, Jose Antonio Fernandez, he became a witness for everybody else that was being arrested. I don't even know if today he's still under U.S. protection in the Witness Protection Program or not. But this is not a historic building, and I don't think anybody wants to glom and make historic this kind of building that was built with these kind of people; not nice guys. So with that, Commissioner, I will withdraw my second of your motion -- Chair Hardemon: He seconded for discussion. Commissioner Carollo: -- and I'm going to make a motion that we'll approve the request of the applicants. Commissioner Reyes: And I will second it. Vice Chair Russell: Tin sorry. You're seconding the withdrawal of his second? Commissioner Carollo: No. City of Miami Page 118 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: No. Commissioner Carollo: Well, yeah. It's the only motion that's there now since I withdrew my second of the original motion. Commissioner Reyes: And I'm going to tell you why I second this motion. Vice Chair Russell: I'm sorry, there's a procedural problem here. Chair Hardemon: Before we move forward, I acknowledge the fact that you withdrew your second. Commissioner Carollo: Yes. Chair Hardemon: There is a -- there is still -- Commissioner Reyes: A motion. Chair Hardemon: -- I would consider to be a motion, and that's the motion that the Vice Chairman made. Commissioner Reyes: Okay, okay. Chair Hardemon: So there's not a second for that motion that is just yet. I'll recognize the fact that there is a motion that has not -- that just lost its second. But before we move on procedurally, I want to hear from Commissioner Gort, because he was waiting patiently, and then we'll come back to addressing what motion the body would be hearing. You're recognized, Commissioner Gort. You're recognized. Commissioner Gort: Manny, besides the history that was given to us today, I think -- the really thing that really bothers me, the City of Miami declared this the unsafe structure. The Historical Society could have taken this and began way before this happened so the day just before or after, I think the timing was very bad to do so. Now, we're talking about the -- we don't know why the histor -- why they declare unsafe structure. Now, the engineer here started talking about water going into underneath, water affecting the steel that composes that, and then by the history that was told by you all, I don't think the people that built this were really too much -- they didn't want to spend too much money in the construction of this building. And the problem that I have is the timing that they used to do this, and I think that they could have done this way before. They could have talked to the owner, they could have come to an agreement with the owners and created a historical -- based on the knowledge of the history of the building, and for that reason, I will not -- I will support the -- deny the appeal. Mr. Bercow: Thank you. Chair Hardemon: I must say, I did find the testimony that the engineer put on the record to be quite moving in the sense that he testified that because of the design of the structure that it leads itself to having structural issues in the sense that when rainwater passes from one part of the structure, it runs down the wall to the next part, along the floor line, then along that wall to the next floor, and then it continues on its way before it gets -- it falls on the ground. Mr. Bercow: Yes, sir. Chair Hardemon: And I think about just a simple house structure with one pitch. You don't have that sort of issue. And I thought to myself, are there any other City of Miami Page 119 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 buildings -- and there was no testimony about there being any other buildings that were similar to it, in the sense that it runs down a wall that -- but -- Vice Chair Russell: The great pyramids of Egypt. Chair Hardemon: They had like little steps though. They're -- I don't know if they're deteriorating or they just stole the gold from the pitch of them, but -- Vice Chair Russell: They used better drywall. Chair Hardemon: I'm sure. But that was very interesting testimony to me. Now, I will say that all the references to Arquitectonica not putting certain buildings on their website -- Commissioner Reyes: Absolutely. Chair Hardemon: I -- you know, that, to me, I didn't find that as moving, because maybe it's the IT (information technology) department that ultimately decides what pictures they have that are good enough or, you know, something to put on their building. I don't know what they (UNINTELLIGIBLE). Mr. Bercow: I don't know a pain point, but it was an additional point that -- Chair Hardemon: Yeah. It was something that you mentioned. Mr. Bercow: Right. Chair Hardemon: For example, you mentioned the Pink House, and I was just looking at images of the Pink House, and one of the -- apparently -- and this is on the record, didn't have any influence over my decision-making -- but one of the employees of Arquitectonica designed the Pink House for their --for a parent. Mr. Bercow: She was one of the founders. Chair Hardemon: Right. So I found that, you know, just very interesting. Mr. Bercow: Yes. Chair Hardemon: And did you say that the Pink House was or was not on their website? Mr. Bercow: It is on their website. Chair Hardemon: It is on their website. Mr. Bercow: It is. Chair Hardemon: And, of course, that was a place, also, where "Miami Vice" visited -- Mr. Bercow: Yes. Chair Hardemon: -- where they filmed it; things of that nature. I mean, 100 feet along the water, that's pretty impressive, just in its -- you know, when you compare it to other structures that are near it. Mr. Bercow: Yes. City of Miami Page 120 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: So that's very interesting. But the structural issue is something, and it makes me wonder, is that part of the reason why a significant amount of investment was not put into the building, or why it went from one owner to the next and to the next and to the next, in the '80s? I don't know. I don't know, but -- Mr. Bercow: Well, I just want to emphasize -- and it's in Mr. Pepper's report -- that he believes that the building did not satisfy South Florida Building Code wind load standards at the time it was constructed. That's a significant problem. To me, a building with a problem like that does not have integrity of workmanship or materials. We -- when you designate, you're not designating an idea; you're not designating a concept or a plan. You're designating a building, and you're saying, "Not only do we like the way this look -- this looks, but it makes sense in its context. It's got beautiful workmanship. It's well put together." And this building didn't -- doesn't satisfy that test. It's very clear, if you hear the testimony and the lesson, really, from Commissioner Carollo, what the owners did is they came and they got these plans for a flashy building, and they value -engineered it, and they figured out, "Well, how can we make it look like this, but not really put the kind of workmanship into the building that it deserves?" Chair Hardemon: All right, before you move forward, because this is really our time to have some group discussion -- Mr. Bercow: No, I know. I'm sorry. Chair Hardemon: -- the -- So I just found that testimony to be very striking, because what he described to me was a structure that, even if we felt that it was historically significant in one term -- not voting on the ultimate decision of this body -- but the integrity of the -- There were two different definitions, really, of integrity of design. I can understand when someone says integrity of design, integrity of structure; meaning that it was the original -- this is the original stone, this is the original this, this is the original that. But when the engineer spoke, he spoke really not just about what was originally there, but that what's originally there is not up to par. Mr. Bercow: Yes, sir. Chair Hardemon: And that's the scary part to me. So the question is, is it deteriorating because of lack of care, or is it accelerating because of lack of care and poor -- it was poorly built, it was poor materials, it was poorly designed; things of that nature? And certainly, when you have a building that you expect to have people -- Ultimately, what you decided to do as a property owner is repair, sell TDRs, et cetera, and try to repair this structure -- would someone decide to move into it? Would someone decide to rent it, would someone decide to lease it? And if they did decide to lease it, would the City of Miami Building Department today okay that structure? And that's the part that, you know, really started to move me, you know. Is this a space that's going to survive for the next 50 years? And from the testimony that was provided, combined with the testimony from the -- from our Historic Preservation Officer that -- he stated about the percentage of dollars that you would have to put when you have to repair or demolish, the percentage of dollars that you would have to use to actually bring the building up to par, you know, if it's 90 percent, then, you know, if it's 90 percent of the dollar, it's probably a hardship; not saying that it's a hardship here, because that's a -- that is a case-by- case scenario. But certainly, when you're talking about 90 percent of it -- putting 90 percent of the -- of -- if you have to repair 90 percent of the building in order to make it up to Code, it's probably not in -- it's probably not safe, you know. I'm babbling a bit, but those are the things that came to my mind when I thought about this structure. And -- but ultimately, there is a question as to what Commissioner -- City of Miami Page 121 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 the Vice Chairman put forth. There are some questions that we have to answer, and I think that that's ultimately the decision that we have to make and what to make it from. So I want to give him an opportunity to state what the question is that we have to address here; and then, also try to get a second before we move on to the motion that was made by Commissioner Carollo, and then ultimately a second by Commissioner Reyes. Vice Chair Russell: Thank you, Mr. Chairman. And, yes, I am making an appeal for a second. I don't know if I'll have a third vote, but I do believe that our job here is not about what the -- whose money was used to make it, or what the intent was. I mean, we're going to be looking at a shotgun home at some point, and saying whether or not we believe that should be historically designated. And the story of what happened there, and the importance of it comes from many other things than who built it or how strong a building it is, or what materials were used. It's about the story of Miami. And whether or not, you know, you're a fan of the '80s architecture -- because I might drive by and go, "unh," but that's not my job to rule by taste, and it's not my job to rule by whether I like the person that built it. We have very specific criteria in a quasi judicial format here to make a decision beyond our personal tastes. And what I have to rely on is the expertise. And these often do become the battle of the experts, but I trust in the expertise of our Historic Preservation Officer. And I would like to put into the record your credentials, because you're new with the City here, and I -- for me, it's credential enough that you've been hired for this position, but I'd like to know what your background is in stating what you've said as the three special criteria that allows it to be less than 50 years old, but important enough to save. Mr. Adams: Okay. My undergraduate degree, my bachelor's was from the University of Paisley, in Scotland, in land economics, which is effectively property development and evaluation. I have a master's with distinction from the University of York, in England, and historic preservation; and in the UK (United Kingdom), after working for 11 years as an --a property appraiser. And I worked for Historic Scotland; I did work for the National Trust; I did work for English Heritage; I worked for various nonprofit preservation organizations. I moved to the United States in 2004, when I was the preservation planner for the City of Delray Beach. I was then executive director of the Broward Trust for Historic Preservation; I was then the preservation planner for the City of Boynton Beach, where I set up their entire program. And in August, I joined the City of Miami. My professional background as -- I'm a member of the Royal Institution of Chartered Surveyors. They're a multinational organization, with over 100,000 members. And at the moment, I am the only member with their accreditation in building conservation in the United States. I was the first and only person to -- Vice Chair Russell: You can take a breath. You know, it -- Mr. Bercow: Mr. -- Commissioner Russell, if I may, if I can just have one question to cross-examine Mr. Adams? Vice Chair Russell: Well, I just want to make a point based on that -- Mr. Bercow: But it's on his testimony and his credentials. Vice Chair Russell: I understand that. Mr. Bercow: At the appropriate time. Vice Chair Russell: And just to the point of what he was saying made me think of something really quickly, and that coming from afar, and even from Europe and City of Miami Page 122 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 such, you know, we see these buildings every day and it's apart of our lives and we grew up here, and they're not so special to us sometimes. But when someone comes from afar and they say, "This is quintessentially '80s Miami, " and they see that -- you know, and with his expertise and background, I trust in that. I trust in that it's important to say it, and that's where I'm coming from on this. And I think it does meet the criteria, but, please, defer to the Chairman to -- through the Chair of the meeting. Chair Hardemon: But before you go into cross-examination, I will say -- You stated that you haven't actually been on the property; you've only viewed it from the street. Is that what you --? Mr. Adams: I've seen it from the street only, yes. Chair Hardemon: Have you seen it from any other angle besides the front facade? Mr. Adams: No. Chair Hardemon: You can go ahead. Mr. Bercow: Yes. Mr. Adams, do you remember being deposed by my colleague, Tom Robertson? Mr. Adams: Yes. Mr. Bercow: And at that time, he asked you, "How many buildings less than 50 years old have you reviewed for designation purposes?" Mr. Adams: Yes. Mr. Bercow: And what was your response? Mr. Adams: As for designation purposes only, my response was "one." Mr. Bercow: And what was that? Mr. Adams: That was for -- ojjice in the Grove, in Coconut Grove. Mr. Bercow: And that building ultimately was not designated by the HEP Board; is that correct? Mr. Adams: It was not, no. Mr. Bercow: Thank you. Commissioner Carollo: Mr. Chairman? Commissioner Gort: Mr. Chairman, let me ask just a question. My understanding, the previous historic officer that we had here, was he --? By the way, your qualifications are very good, to my knowledge. Mr. Adams: Thank you. Commissioner Gort: Was he qualified, also? Mr. Garcia: Are you inquiring about the predecessor to Mr. Adams? City of Miami Page 123 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: The previous one. Mr. Garcia: Yes. Certainly, Ms. Schmidt was equally well qualified. Commissioner Gort: And according to you, he gave you the statement before that this building should not be declared historic? Mr. Garcia: That is correct, sir. As I've advised you on my briefings, the previous Preservation Officer for the City of Miami, upon being requested to perform a study and a recommendation to the Historic and Environmental Preservation Board found that the building in question did not rise to the level of exceptionally qualified. Chair Hardemon: You said, "Did not"? Mr. Garcia: Did not. Chair Hardemon: Schmidt said this? Mr. Garcia: Megan Schmidt, yes; previous Preservation Officer; her report to the HEP Board at the time. So again, to recap very briefly, as you heard, the Historic and Environmental Preservation Board made the request that a report be produced to study the designation of this structure, this property. And upon conducting said analysis, Ms. Schmidt determined that it did not rise to that level; and therefore, she recommended denial. Chair Hardemon: Now, Ms. Schmidt is not work --I know she left this body. I don't know where she is now, but she's not working for Arquitectonica or anyone like that; is that --? Mr. Garcia: She is not, sir. She is in Philadelphia, happily, but she left in good graces. Chair Hardemon: And I -- one more question. Did anyone ever reach out to Arquitectonica to ever have any comment about this issue; any of the parties? Mr. Bercow: If you're asking me, no, we did not. Chair Hardemon: I'm sure they're very aware -- Mr. Bercow: Honestly -- Chair Hardemon: Listen, I know they're very aware of what's going -- what's happening. Mr. Bercow: I'm sure they are. There was a quote from -- I think it was a Miami Herald article, in which Bernardo said he didn't think he was the one to pass the judgment. I didn't want to ask him. I didn't want to put him on the spot professionally. Chair Hardemon: Yeah. It's like -- you don't want -- some questions, you don't ask as an attorney -- Mr. Bercow: Yes. Chair Hardemon: -- because you don't know what you're going to get, correct? Mr. Bercow: That's correct. City of Miami Page 124 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Reyes: Mr. Chairman. Mr. Bercow: But also, I'm not sure that the architect himself is the best judge of whether his own building satisfies the exceptional importance standard. Commissioner Carollo: He would have a legal conflict of interest. And I love Bernardo, he's a friend -- Chair Hardemon: Yeah. Commissioner Carollo: -- he's done great work. And let me say this on the record. He had no notion whom he was working for at all, I could guarantee you. But -- Chair Hardemon: So -- but we've heard the comments, and, you know, it is -- this is actually a very tough one. But when -- Mr. Vice Chairman, it's like the -- we all know how to count. I mean, you have to learn how to count. And so, what I'll say is, is there a second to the Vice Chairman's motion? Seeing no second to the Vice Chairman's motion, I'll say that that motion dies for lack of second. And what I'll do is I'll recognize Commissioner Carollo's motion, and I'll recognize Commissioner Reyes as the second; and then, I'll recognize him to speak. Commissioner Reyes: I want to make clear that my decision to second Mr. Carollo's -- Commissioner Carollo's motion is not based on the history of who built the Babylon, or the name. It's based on the criteria. You see, I am not an architect. I am not an expert. I am an economist. I don't do -- I mean, I don't know anything about building, you see. I don't know how to build anything, okay? But according to the testimony of all the experts, this building does not -- does not meet the requirements to become historical. Even the person that was before this gentleman that was called Ms. Schmidt -- right? Chair Hardemon: Yes. Commissioner Reyes: She said, "No, this building is not historical. " Mr. Bercow: That's correct. Commissioner Reyes: This building was -- it does -- I mean, this building was due to be demolished, you see? And what concerns me -- really concerns me -- and with all due respect to the board and to the -- all due respect to everybody, I am a firm believer in private property. I am a firm believer that nobody, nobody, unless I ask for it and I am the owner of the property, can come and designate my house or anyplace historical, because what it entails is, don't touch it, and you're going to spend a lot of money, you see? Unless there is a building that, according -- meets all the criteria, including that some famous person or some person that has been very -- have been a great person and have helped the community or whoever, a patron or something that was born in that place. We have to go -- we have a set of criteria. Why are we going away from it? If we go far away from that set of criteria, then, in this instance, we have to go away from the set of criteria all the time. So I'm a firm believer in you follow the criteria, you follow to the "T, " and you don't stretch it; that's why I am seconding the motion of Mr. Carollo, you see. Chair Hardemon: Is there any further discussion? Hearing none, all in favor of that motion, indicate so by saying "aye. " Commissioner Reyes: Aye. City of Miami Page 125 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: All against? Vice Chair Russell: Nay. Commissioner Carollo: And let me, for the record --just in case the Clerk got mixed up with so much back and forth -- there was a motion to grant the appeal, reversing from the historic designation of the Babylon. Based on the evidence, it does not meet the criteria for designation, including the requirements of exceptional importance, building under 50 years. And I think it was very clear by witness after witness that counsel presented that this is not a historic building; that it did not meet the legal requirement. All I could say is, look at this building here and look at this, and I can't say more. We all know what truly "historic" is. Beyond everything that I just read into the record and that's been said here by my colleagues, I personally don't like the idea of glorying a place that I know was built in the cheap, nothing historic about it, from a bunch of scoundrels that left misery and death everywhere they went. So, Mr. Chairman, if you could call the question. Chair Hardemon: Well, we've already called the question. Vice Chair Russell: We've already called it. Chair Hardemon: We've already voted. Vice Chair Russell: It's over. Chair Hardemon: And I haven't indicated that the motion is passed yet, so -- Commissioner Carollo: Well, you could -- Chair Hardemon: -- can I --? Commissioner Reyes: Hit it. Chair Hardemon: Okay. Motion passes. Commissioner Carollo: I want to make sure we -- Mr. Bercow: Thank you. Thank you all. Commissioner Carollo: Thank you. Vice Chair Russell: I think we're going down a wrong path here. Chair Hardemon: Okay. We'll be in recess for three minutes. City of Miami Page 126 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.14 ORDINANCE Second Reading 3277 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE RANSOM EVERGLADES Planning SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP") FOR THE PROPERTIES GENERALLY LOCATED AT 3552, 3575, 3695, AND 3575 MAIN HIGHWAY AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA, BY ADDING AN ADDITIONAL PROPERTY GENERALLY LOCATED AT 3551 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; SPECIFICALLY PROPOSING A) THE ADDITION OF THE PROPERTY KNOWN AS "LA BRISA" THAT WILL INCREASE THE LOT AREA OF THE SAP BY APPROXIMATELY 302,527 SQUARE FEET (6.945 ACRES), PROVIDING A TOTAL LOT AREA OF 801,319 SQUARE FEET; B) AN INCREASE IN THE MAXIMUM STUDENT ENROLLMENT BY SIXTY-SEVEN (67), STUDENTS FOR A TOTAL OF SEVEN HUNDRED TWENTY-SIX (726) STUDENTS; C) AN INCREASE IN THE NUMBER OF STAFF FROM ONE HUNDRED FORTY (140) TO ONE HUNDRED SIXTY (160); AND D) AN INCREASE IN THE SURFACE PARKING LOT BY THIRTY-ONE (31) SPACES, FOR A TOTAL OF TWO HUNDRED FORTY-ONE (241) SPACES; MAKING FINDINGS OF FACT; STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13735 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.14, please see "Public Comment Period for Planning and Zoning Item(s)." Ryan Sears: Madam City Attorney, may you please read PZ.14 for the record? The Ordinance was read by title into the public record by the City Attorney. Mr. Sears: Would the applicant like to speak for the record? Commissioner Carollo: If I can, Mr. Chairman? Mr. Sears: I'd like to recognize Commissioner. Commissioner Carollo: Thank you. Madam City Attorney, under Jennings and the guidelines that we have under Jennings, I'd like to declare that I have met with representatives and the attorney for Ransom Everglades; further, I have met with the attorneys for the Babylon building. And if I remember anybody else I met with in anything else that's before us, when it comes up, I'll declare it. Thank you. Victoria Mendez (City Attorney): Thank you. City of Miami Page 127 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: I don't know if I'm the only one who hasn't met with Ransom Everglades; maybe they think they have some favor -- I don't know -- but tell her, I will vote "no, " right? Vice Chair Russell: I think our chairperson might be biased a little bit, actually. Chair Hardemon: You're recognized. Amy Huber: In full disclosure, we did meet with your Chief of Staff. Chair Hardemon: Oh, okay. So that's not me, so you're right. Recognize her to speak. Mr. Sears: I'd like to recognize the speaker, please. Ms. Huber: Good afternoon. Amy Huber, with the law firm of Shubin and Bass, 46 Southwest 1st Street, Miami, Florida. I have the honor and privilege of being here today on behalf of Ransom Everglades School. In an abundance of caution, I am going to through some preliminary housekeeping items. We hada very smooth run on first reading, but for second reading, now that we have some objection that's been brought forward, we're going to place some items into the record. I'm joined today by the Head of School, Penny Townsend- our CFO (Chief Financial Officer), Jim Cowgill; chairman of the board of trustees, Rudy Touzet; Vice Chair Andy Ansin; many parents, teachers, staff, students. Everyone here today in support of the Ransom Everglades application, we'd ask for you to please stand. Thank you. We'd also like to incorporate into the record all of the letters that were read earlier during public comment, as well as the support that was presented before you. We also know that there are many letters that have been distributed to all of you, to the Mayor and to the Commissioners, and a copy of all of those will also be submitted to the Clerk, those that we've received, and we'd ask that the letters that have been transmitted to you also be part of the record today. I'd also like to incorporate into the record the complete and total Planning & Zoning file, which includes Planning & Zoning Board approval, Historic Preservation Board approval, CRC approval, Miami -Dade County Transportation approval, City of Miami Transportation approval, letters of interpretation from Miami -Dade County DERM (Department of Environmental Resource Management), Miami -Dade County Public School concurrency approval, Miami -Dade County Aviation Department approval, Miami -Dade County plat approval, Miami -Dade County RER approval. As you can see, Ransom Everglades has spent the last 14 months with Miami -Dade County and City of Miami staff, working diligently to make sure that the application that was presented before you was full and complete, and in the best interest not only of the City, but as Miami - Dade County. We have to commend your staff Francisco Garcia, Luciano Gonzalez, Sergio, as well as Jacqueline Ellis, and many others within the Planning & Zoning -- Devin Cejas, who's here -- who worked tirelessly not only on this application, but also in 2014 when we received our original approval. I also have to thank Milton Vickers, who spent a lot of time with us, making sure that the Public Benefits Statement that Ransom Everglades is committed to and has presented to you encompassed everything that Ransom Everglades is and has been for the last hundred years and is committed to be for the future. We believe that it demonstrates all of the values that you heard during public comment and what this community has come to know Ransom Everglades. With that, I'd like to introduce the Head of School, Penny Townsend. Penny Townsend: Good afternoon. Mr. Sears: I recognize Penny Townsend. City of Miami Page 128 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Townsend: And I recognize you. Penny Townsend, Head of School, Ransom Everglades, 3575 Main Highway. It's a privilege to be here with you this afternoon. Thank you, Chairpersons Tacher and Sears. Hello, kids. In the last decade of the 19th Century, Paul C. Ransom, of Buffalo, New York, a New England educated lawyer, traveled to Coconut Grove. He did not come here with the idea of founding a school for boys; he came here for his health, but befell in love with Coconut Grove and all its possibilities. Paul Ransom, our founder, firmly believed that no one could be an adequate individual or citizen unless he or she was well read, well informed, and determined to make the world around him better. He was conscious of the part that the discipline of learning played in the development of character, and he was convinced that thoughtfulness, generosity, decency, and courage were some of the permanent values necessary to maintain an intelligent, just, and free society. Our school's mission statement -- the chairpeople [sic] could tell you what it is -- guided by the words of Paul C. Ransom: `Ransom Everglades produces graduates who believe they're in the world not so much for what they can get out of it, as for what they can put into it. " Coconut Grove, Miami, and Ransom Everglades School have grown together. One campus became two with a merger with the Everglades School for girls in 1975. Co-education presented exciting, new opportunities for learning. And as Coconut Grove and Miami's population became increasingly diverse during the 20th Century, our school became diverse. Throughout our entire history, we have placed an emphasis with connecting with our local community. Our kids are actively involved in many service activities. It's the largest cohort of Breakthrough Miami scholars. Our $5 million annual financial aid budget provides access to our college preparatory programs that would otherwise be unavailable to young men and women of promise. We invite the community onto our campuses. We share our facilities with civic organizations. We bought La Brisa so we could do what we do even better, and so that we could add more green space and more open land of historical significance to our already -historic campus, so we can improve circulation, and so that we would add a beautiful building to our existing facilities. I know, I know that we have been good neighbors; and Coconut Grove has enriched our programs, as we have enriched Coconut Grove, and we are committed to being stewards of the land and its history. Thank you. Thank you. Ms. Tacher: Thank you. Ms. Huber: We are going to go through a brief and abbreviated version of our presentation. All of our experts are here today, so if there are any specific questions, they're here and ready to answer them, but we are going to go through and make our record this afternoon. I'm joined here by Carlos Touzet of Touzet Studios [sic], our architect; Jennie Rogers, our landscape architect; Joaquin Mojica, our engineer of record; as well as Joaquin Vargas, our traffic engineer. Each of them are going to speak briefly to you and are going to identify how this application complies with Miami 21 and demonstrates all of the findings of facts that are presented to you in the ordinance approving -- recommending approval of this application. Carlos Prio-Touzet: Good afternoon. Carlos Prio-Touzet, principal at Touzet Studio, 65 Northwest 24th Street, Wynwood, Miami. It's a pleasure to be here representing Ransom. As an alumni, I have a clear memory of the years when I went there, which are -- really, it feels like several hundred years ago, but it was in the late `60s, and at that time the campus was really known for having huge amounts of green space and a canopy which has only grown over time. When we first began to look at the SAP back in 2014, one of the core requirements that the school gave us was that we needed not only to preserve the canopy, but to really to bring back some green space; to basically create green space by consolidating some of the inefficiencies on the campus. The acquisition of the La Brisa property includes almost seven additional acres of land. And rather than increasing the amount of square footage dramatically or increasing it proportionately, what the additional City of Miami Page 129 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 land has done for us is that instead of a 50 percent lot coverage, which we could have -- we used to have 22 percent lot coverage -- with La Brisa, it actually increased -- we lowered the lot coverage to 16 and a half. Our green space is growing dramatically, because, in fact, we are maintaining the mangrove reserve on the water side. We are protecting and creating a preservation zone around the solution feature -- basically, the sink hole -- and we are creating an additional quadrangle; what we call the `green, " which will be the third quadrangle now on the new Ransom campus. We have done our utmost to protect as much of the old growth vegetation, and we have positioned all of the new parking far from the perimeter of the neighbors to the north, but also in a situation where very, very little -- minor vegetation is being touched. All of that parking is also impervious surfacing. I would like to briefly quote -- let's see -- Vice Chairman, Mr. Russell, where at the first reading, he said, `La Brisa is a significant property, which could otherwise be developed with much more density. This is not a very intense use of an expansion of an SAP; a very good example of non -abusive SAP, but actual use of the SAP for its flexibility within zoning, not within its maximization to every corner of every capacity. " And I think, if you were to look at the site plan, you'll realize that this will be a great addition of civic space and green civic space to the City, and that the civic contributions of the Ransom resources go beyond just the physical resources, but really, the school altogether. Thank you. Ms. Tacher: Thank you. Jennifer Rogers-Pomaville: Hi. Jenny Rogers, from Curtis & Rogers Design Studio, 7520 South Red Road, South Miami. Curtis & Rogers is representing Ransom Everglades for the SAP and some other projects on the campus. We're very happy to be working with a client that is very environmentally conscious of their campus, as we are tree lovers. How do I forward this? Just going to go through a little bit about when we looked at developing the site. What you see up here are --looking at areas of where we are proposing potential development on this site and how those areas were chosen. We looked at the -- first identified the environmentally significant areas on the site. We have the mangrove preserve, which is an incredible resource, especially for an educational facility. So this is going to be preserved, intact, and used as a teaching resource for the school. There is, as we call it, the "Solution Hole, " which is a depressed area on the site that has very heavy vegetation within it. It's a really beautiful spot that also is going to be preserved. There are a number of specimen trees on the site; particularly, fichus trees of several different varieties that have been this for many, many, many years, and are really very, very significant; almost ecosystems in their own right. One of the other things that we're going to do is try to connect the La Brisa property to the existing Ransom campus. One of the things that we've proposed is an overhead bridge that is going to connect those two campuses. They will be connected in the frontage. But as we move towards the water, the elevation changes significantly between the two properties, so there -- you can't just walk across. So we're proposing to remove an existing ramp on the pool deck and extend that ramp basically over onto the La Brisa property. As apart of this, we would be removing the existing little plaza that exists between the historic Pagoda and the pool deck, and we would be replacing that with landscape, which is more in keeping with the historic nature of the Pagoda. This has been through environment -- I mean, Historic Preservation. It was proposed as a part of it. When it comes to the overall tree canopy changes, you can see -- like when you look at the green of what is existing and what is proposed, we see that there is not a significant amount less; in fact, it's pretty equal, a little bit more in depth in terms of the current projects that are going on, including La Brisa and what is proposed on La Brisa, as well as the new STEM (Science, Technology, Engineering & Mathematics) Building, which is currently in permitting. You can see that the orange are proposed removals, and the darker green are proposed replacement canopy. And I will state that most of the orange that you see on here City of Miami Page 130 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 are not significant trees. They are either in -- some of them are invasive species and some of them are also considered hazardous. So we've gone through and we've evaluated the existing trees on the site. As apart of our evaluation, too, we looked at -- in Miami 21 and whether we're meeting all of those requirements, which the landscape plan currently is exceeding all of the requirements, especially when it come and -- especially the landscape requirements. The buffer and street tree improvements, we would -- we're proposing some of those to better meet the street tree requirements and the buffer requirements, where we propose to add some additional planting along the southern edge on Red Road, as well as increasing some of the street trees along Main Highway, particularly on the La Brisa property. On the existing property, there are already existing trees. There are some existing trees on the La Brisa property as well; some of them, though, are, however, invasive species and what we could call "nuisance trees, " and so we're proposing to perhaps replace some of those with a more long-lived native canopy. We're also improving the buffer on the north border, where there are some areas that do need some improvement. We'll go more into depth about that. The north buffer was our biggest challenge. However, we are -- we wanted to look at whether we are meeting the Code requirements. The Code currently requires between dissimilar uses only in a five-foot planting strip with a continuous fence or hedge of six foot height and shade trees every 30 linear feet. I'm going to go through -- I'm going to skip a little here. We had thoroughly examined this buffer to say that, so I'm not going to take you through every slide -- one of these slides. Vice Chair Russell: I am interested. Ms. Rogers-Pomaville: Would you like to see them? Vice Chair Russell: Just -- Ms. Rogers-Pomaville: I can go through them a little more. Vice Chair Russell: So -- Ms. Rogers-Pomaville: What this was doing was going through each of the properties to examine where the buffer might be improved. There are two particular areas where we think the buffer needs improving; not even so much to meet the Code requirement, but just to be good neighbors. There are -- much of the property is -- has existing vegetation on it, and because of the existing vegetation, it's hard to plant additional vegetation without harming that existing vegetation. So these are very large trees with very large root zones that it's very hard to dig and plant another tree in, so it limits the spaces where we can do that. But where we can, as --for example, on this property here, where you see the darker green trees, this is where -- one of the areas that we're proposing to add additional buffer. That happens again also -- oh, it's not shown on this one. Sorry. But here, between the building, between the La Brisa building -- oh, I guess that was. I'm sorry. I'm confusing. That was the one we were looking at, the one here. That is between the La Brisa building and the adjacent property. And then there is one a little bit further toward -- closer to Main Highway also. There's an area that currently only has palm trees that are sort of aging, so that we plan on bringing up that buffer. One of our plans also is we have some large trees that we're relocating, and we plan on relocating them into those areas. As part of mitigation for another project, for the Loop Road Project, which is currently going on in the original campus, we've already proposed additional trees on the north property. I believe we have 10 or 12 trees that are currently being proposed there. One other proposed buffer that we're proposing here has to do with the boat slip; has to do with adding a hedge along the boat strip -- I mean, the boat slip --where you seethe pink line there. This is to allow some additional privacy for the people on the other side of the water. This is just a comparison of what the Code City of Miami Page 131 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 requires for a dissimilar use buffer and our existing condition. So you can see on the left that is just a diagram of the Code requirement of the five-foot landscape strip, the hedge, and the trees every 30 feet, and on the right is our existing condition, which we currently have approximately 15 to 30 feet --foot landscape buffer on the north edge. And just a couple of images of some of our suggested before and after. Oh, no. This is also saying -- This is what -- on the left is what the Code would inquire for a buffer; on the right is what we are proposing. And this is just discussing infill planting. So, as we add more hedge material and lower ground cover inside under these large fichus trees where we cannot plant larger trees to infill the ground plain. And lastly, just along the Main Highway corridor, our improvements along there are very minimal. We are required to widen the drive that cur -- existing driveway to allow for emergency vehicles, so we're proposing to take down the northern column and recreate it about 10 feet further north. The idea is to make it match the existing column as it is so that from the street, it will not appear any different; just a slightly wider expanse. The improvements that are being proposed on the inside will be -- will not be visible from Main Highway, because there will -- behind that wall and the heavy vegetation that is currently there, so it will not really change the appearance of the school, that property, from Main Highway. And I just want to add that these plans, we have looked at them, and that they will not negatively impact the environment and natural resources of the City, nor adversely affect living conditions in the neighborhood, and that is one of the things that we have; conclusions we have come to. Now I'm going to pass it over. Vice Chair Russell: Questions, please. Ms. Rogers-Pomaville: Yes. Vice Chair Russell: So on the northern buffer, did I recognize that there are -- there is no location where there will be an actual hard fence; it's all natural buffering? Or were there some spots where it was chosen to actually put in? Ms. Rogers-Pomaville: Chain -- there's an existing chain link fence, and we have proposed to repair that, if necessary, or replace it, if necessary. But there will be a fence there, a six- to eight foot fence. Vice Chair Russell: Okay. I guess it's a little different than what I was led to understand before. Ms. Huber: If I may? Just a few moments ago, the parties, Camp Biscayne Homeowners Association and Ransom Everglades, were able to reach an agreement. Without disclosing all of the terms of that agreement, I can advise you that the parties have agreed to make best efforts and to work with the City -- the City's arborist and the City's Building Department and Planning & Zoning Department -- to install a wall in between the properties, along the property line, where it can be located. Vice Chair Russell: Okay. So that's a separate agreement from this SAP expansion? Ms. Huber: Yes, sir. Vice Chair Russell: And is there a representative of the Camp Biscayne Homeowners that --? Ms. Huber: I'm not sure whether their lawyer is still here, but they will not be speaking to object or oppose our application today. City of Miami Page 132 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: There is a young lady that just stood up in a very authoritative fashion. Ms. Huber: One of the directors on the board of directors of the homeowners association. Vice Chair Russell: Thank you. Joanne Kacin: Joanne Kacin, 3120 Monroe Drive. I'm a director of Camp Biscayne Homeowners Association. And correct me if I'm wrong. I thought this would be a condition of the approval for the fence, no? Unidentified Speaker: No. (UNINTELLIGIBLE). Ms. Kacin: Okay. Estrellita Sibila: Excuse me. If I may? Estrellita Sibila, with law offices of Sibila Lage, LLC (Limited Liability Company), 7765 Southwest 87th Avenue. We did enter into an agreement. The agreement does provide for a provision of a wall, and that is within the private agreement of the parties. Vice Chair Russell: Thank you very much. Ms. Sibila: Thankyou. Ms. Huber: Do you have any other questions for our landscape architect? Vice Chair Russell: I do not. Ms. Huber: Okay. Next is Joaquin Mojica, and he's going to speak on our lighting and illumination plan. Joaquin Mojica: Good afternoon. Thank you for having me. My name is Joaquin Mojica, with Miller Legg. We are the civil engineer consultant for Ransom Everglades. Our address is 5747 Andrews Way, Fort Lauderdale, Florida. We were retained by Ransom Everglades to conduct an illumination study and a photometric plan for the future expansion of La Brisa, and also for the existing campus. Our design for the future parking lot has taken great measures to comply with the City Code and also go above and beyond to ensure that there's no lighting spillover into the adjacent properties. We also conducted a study of the existing campus lighting and determined that the City -- it meets City Code as well. Vice Chair Russell: Thank you very much. Chair Hardemon: Before we continue, I --just one second. I want to make this announcement. Did you know the student body president was just admitted to Harvard? Vice Chair Russell: I did not know that. Applause. Vice Chair Russell: Wow. That's something. Chair Hardemon: I just want to go on a campus visit. Could I get a T -Shirt, you know? City of Miami Page 133 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: That is something. Chair Hardemon: Congratulations. Mr. Sears: Thank you. Vice Chair Russell: That is something. Chair Hardemon: Go back. Joaquin Vargas: Thank you. Just for the record, Mr. Chairman and Madam Chairperson, congratulations. Commissioners, my name is Joaquin Vargas, traffic engineer for the project. I have only two slides. We did conduct a traffic study. It was submitted to both the City of Miami and also Miami -Dade County. They both reviewed it. They both approved it. There's copies of the letters; I know you can't read them. There were many positive points regarding traffic; I'm just going to hit a couple of the highlights. The first one is that with the introduction of La Brisa, we have an additional ingress and egress point, so two access is better than one. By having two, we can get traffic quicker off of Main Highway. We can also have the processing of the drop-off and pickup quicker, which benefits traffic on Main Highway, and also on the campus. In addition to that, we're providing more onsite parking spaces, better circulation; again, which will enhance via the drop-off and pick-up operation. This next slide has the campus. On the right-hand side, you'll see a couple of the letters highlighted in red. The important thing is, currently, we can have 42 vehicles on site. These are not parked vehicles. This is within the drop-off and pick-up line. With the introduction of La Brisa, that number's going to increase from 42 to 74. That's a 76 percent increase on campus. And the increase in student population is only 10 percent. So we have a 76 percent increase in onsite stacking capacity, with a -- only 10 percent increase in student population. In summary, the amended SAP with La Brisa has better traffic flow; better pick-up and drop-off, which will benefit the area traffic; better circulation; and also, more onsite capacity for the drop-off and pick-up operation. If you have any questions, I'll be more than happy to answer it regarding traffic. Vice Chair Russell: No. Thank you. I believe it's a big improvement with regard to flow, and I look forward to seeing how it works. The public benefits includes a number of scholarships and, I believe, some other items that were added recently. I just want to make sure they're on the record. Could you walk through that briefly for me, please? Ms. Huber: Yes. There you go, because I don't have to go through -- Chair Hardemon: You don't lose that one. That's one of the most important documents; you can't lose that. Ms. Huber: Yes, absolutely. Terms of -- you want me to walk through the entire documents? Vice Chair Russell: Just the bullet pointed list, please, of what the scholarships entail, because I believe there's scholarships within the different districts of the City, which is important to note. I believe there were some new proffers of pool access that would help with the City's -- the City during construction time of the Virrick Park Pool. We got a $5 million pool renovation program going on, and that will interrupt our Learn to Swim Program, and I believe there is a proffer to help us with that. I just wanted to make sure some of these things are on the record; some of the computer things that were proffered, as well. City of Miami Page 134 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Huber: Well, the computer was just -- there was a request for Ransom Everglades to provide computers, and that's something that -- So one of the things I just want to -- we had a very dijficult time with the Public Benefits Statement, and not because Ransom Everglades isn't and hasn't always committed to the community, but we didn't ever want this document to restrict us. So when Commissioners' district or otherwise come to the school or nonprofit agencies come to the school and they have requests for us, we always do our best to make sure that we can honor those requests. So the request for the computers, we're happy to include that into this agreement, but I believe that we've already committed to that. Vice Chair Russell: I just -- so that's a separate -- I guess I just didn't understand, because it's not in the document, but it's a separate commitment; is that what you're saying? Ms. Huber: Absolutely. We are -- we -- Ms. Townsend: The computers are there. We have them; they're ready to go. Was that what you were asking about? Todd B. Hannon (City Clerk): Excuse me. Chair Hardemon: Madam School, can you speak into the microphone? Ms. Townsend: No. We have -- we can -- we have computers that we're not using. Is that what you're talking about, the computer question? Vice Chair Russell: Yes. This is something we spoke about months ago -- Ms. Townsend: Yeah, yeah. They're ready to go. Vice Chair Russell: -- and it was -- Ms. Townsend: We have them. Jim Cowgill (UNINTELLIGIBLE) there. Vice Chair Russell: -- proffered, and it just wasn't quantified. Ms. Townsend: Yes, absolutely. So they're ready to go. We have to get them ready and get all our data off them and they're -- I don't know how many, but yes. Vice Chair Russell: No, it's very generous, and I just wanted to understand the quantity of them. I know you had spoken with my staff. Both community centers nearest to Ransom include Armbrister Park and Virrick Park, where the keys are falling off the keyboards. And I understand you have a lot of computers you recycle. Ms. Townsend: Right, right. Ms. Huber: Yes. And so, we provided a comprehensive list -- Vice Chair Russell: Yes. Ms. Huber: -- to your staff, I believe, a week or two ago. Vice Chair Russell: Yes. Ms. Huber: And we are willing -- ready, willing, and able to provide all of those as soon as we are advised you are ready to accept them. City of Miami Page 135 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Thank you very much. And then the pool situation was --? Ms. Huber: So there in the Public Benefits Statement already is a commitment to utilize the pool twice a week for three hours a day. That's something that Mr. Vickers requested, knowing that -- anticipating. But in addition, we've also committed to you that to the extent that they would also like to utilize the La Brisa Pool throughout the summer, they're more than welcome, also, to utilize the La Brisa Pool, as well. Vice Chair Russell: Thank you very much. Mr. Sears: Ma'am, could you please comment on the scholarships? Ms. Huber: Yes. I was getting there; getting there next. So currently, Ransom Everglades provides in excess of $5 million annually in scholarships. As part of this Public Benefits Statement, we are committed to five new scholarships; a scholarship for each one of the districts within the City of Miami. In addition, Ransom Everglades is also going to provide five scholarships east -- each year for the West Grove children to attend the Ransom Everglades Summer Day Camp at no cost, and the school will coordinate the awards with the Thelma Gibson Health Initiative or a similar organization. It also intends to fortify its efforts to attract qualified applicants by continuing to reach out to local mentoring programs and organizations, such as Breakthrough Miami and Achieve Miami for additional scholarship applications. We are also willing to consider a formal partnership with any entity recommended by the City of Miami that will help the school idents qualified candidates for admission. Vice Chair Russell: Thank you very much. Ms. Townsend: So those five; that will hold its accountable for representing those five districts and the zip codes. Vice Chair Russell: Understood. Ms. Townsend: And those could be a ninth grade applicant, a tenth; it doesn't -- we're -- but the one -- we would really add it -- is the Archie McNealy Scholarship for a gentleman who was from the Grove who went to -- attended Ransom Everglades, became ill -- long story. Milton Vickers is very familiar with that -- and that would be the Archie McNealy scholar who will enter in the sixth grade and carry that scholarship with him or her until he or she graduates. Vice Chair Russell: That's incredible. Ms. Townsend: And that's a very -- you know the story, right? Vice Chair Russell: Thank you very much for clarifying. Gentlemen and ladv, I am satisfied to move this item on second reading. Ms. Huber: I did have -- we did have two small clarifications in the ordinance that we had spoken with Planning & Zoning about. The first is 9B. It's kind of a carryover condition that has -- and it actually deals exactly what we've been talking about with the Public Benefits Statement. It asked us to present a public -- we have presented, we have proffered, it's been negotiated with Milton Vickers, and we'd like this condition to be removed, because we want you to accept the Public Benefits Statement that is part of this package. This condition is asking us to submit something else. City of Miami Page 136 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: I'm sorry, I'm not fully understanding. Mr. Vickers? Ms. Huber: There's a carryover condition that started several months ago. So prior to negotiating and finalizing the Public Benefits, staff imposed a condition, Condition 9B -- Vice Chair Russell: Yes. Ms. Huber: -- which is part of the ordinance, asking us to submit and finalize our Public Benefits Statement. We've now done that; that's been submitted and accepted Vice Chair Russell: Understood. Ms. Huber: -- and so, we'd like this condition removed so that -- Vice Chair Russell: So this implies an additional submission. Ms. Huber: Correct. Vice Chair Russell: Understood. Mr. Garcia, Mr. Director, you're satisfied with that? Mr. Garcia: That is correct. The applicant has presented to the Commission a complete benefits package. If the Commission chooses to accept it, then they will have complied with that condition. Vice Chair Russell: Thank you very much. So the mover would accept that amendment, removing 9B. Ms. Huber: And then the other -- yes. And then the other amendment is IOA that requires the approved setback not be decreased from the 2014 SAP. And so, we meet or exceed all of the setbacks. Our regulating plan is not seeking to modem setbacks or decrease setbacks in Miami 21. Our 2014 SAP approval had a 27 -and -a -half -foot setback between our existing building and the La Brisa property line. We now own La Brisa, so we're asking for that setback to be removed, and the 25 foot setback that currently exists between the cabana and the Camp Biscayne Homeowner's property be the new side setback so that we don't have -- By asking us to keep the 27 -and -a - half -foot setback for a different property line, you're approving an agreement that makes an existing building nonconforming; and so, that's -- and so, we would like for this condition, IOA to be stricken. Vice Chair Russell: Mr. Garcia? Mr. Garcia: And -- thank you. And I will say for the record that, in fact, as described, that condition is satisfied. Because the plans are actually attached to the ordinance that may eventually be passed, then the plans themselves will reflect the setback going forward. Vice Chair Russell: But the amendment to the wording would also be sufficient, as well, yeah? Mr. Garcia: That is correct, yes. Vice Chair Russell: Thank you. Then I'd accept that, as well. Commissioner Gort: Seconder accepts, too. City of Miami Page 137 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Sears: It's been properly moved. Is there a second? Vice Chair Russell: Commissioner Gort. Commissioner Gort: I second. Mr. Sears: Is there any discussion? Chair Hardemon: I'd like to be recognized, Mr. Chairman. Ms. Tacher: Yes, you've been recognized. Mr. Sears: You've been recognized. Chair Hardemon: On Page I of 9, Exhibit "B," the Declaration of Restricted Covenant in Lieu of unity of title, I'm -- Many times, we get these covenants, and we're told that they should be in effect for the duration of the life, or however long you have that property. In this Declaration of unity of title, it gives the term of 30 years, and then some 10 year periods after that, but it also says that it can be basically waived or it can come -- you can dissolve this covenant, if you'd like, if you have the approval of, for instance, someone from the City -- not necessarily the Commissioners, not the Commission -- and the property owners. So I'm trying to understand. What about this exhibit, what about this covenant that you deem is worthy enough for us to be in this agreement? And then, if it's that important, then why is it that we have such loose language when it come -- in regard to keeping it as a covenant that's going to run with the property? Ms. Huber: So the bank actually forecloses our ability to enter into a unity of title. We spoke with the bank at length on this; and so, that's why we're required to have a covenant in lieu of unity, because one of the parcels where the gymnasium is located is actually in a flood zone; and therefore, it's not included in all of the agreements with the bank related to mortgages and otherwise; and therefore, we cannot -- they will not agree to a unity, so that's why you have a covenant in lieu. And that language with respect is in the event that the school no longer operates a school on this property, it would like the ability to remove the covenant at that time, and any approvals or any other use would obviously have to come back before you. And the SAP itself is only approved for a term of 30 years, along with our development agreement, so it's just consistent, the 30 year term. Mr. Sears: Do you have any discussion that you -- nothing to add on the record? Ms. Huber: Nothing to add on the record. Chair Hardemon: So you're not encouraging anyone to vote in favor or against this? Mr. Sears: Oh. I firmly believe that you all should vote in favor of this issue. Vice Chair Russell: Thank you very much; and if I could just make a statement, Mr. Chairman. I -- it's been a long process and a lot of patience and indulgence from all sides, I would say; the City, the applicant, the neighbors. Good fences make good neighbors, and I can see the will of the community to see this be successful, but also to get along. I'd like to see that. And I understand we have some covenant issues that are made -- that are separate with your southern neighbor; and so, I think these are good questions to ask. And I have good faith that you will fulfill your duty as a good neighbor throughout and carry forth with all these proffers that you've made; which, I must admit, are very generous to the community, as Ransom has been with City of Miami Page 138 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 regard to scholarships; and community programs, Breakthrough. It's -- it is good to have you in the community. An SAP expansion is a big thing to ask for, and this is, like I have said in the past, a good example of an SAP; where SAPs often get a bad name for the abusive nature with which they can maximize everything they can do on a lot, and this is not doing that; this is a flexibility situation; and so, I am glad to vote in favor of this. So I will call the question, unless there are further comments. Ms. Mendez: If I may, I just wanted to clarify something for the record. Vice Chair Russell: Yes. Ms. Mendez: I know that Ms. Huber had said that several items were negotiated with Mr. Vickers, but he was actually a point of contact with the City; is that correct? Ms. Huber: Yes, that's correct. Ms. Mendez: And all these things are voluntary proffers with regard to all the generous things that Ransom is doing? Ms. Huber: Yes, they're voluntary proffers. Ms. Mendez: Okay. Thank you so much. Mr. Sears: Any further discussion? All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Mr. Sears: All in opposition, say "nay. " The motion passes. (Applause) Ms. Huber: Thank you so much. Chair Hardemon: Give it to these guys. We'll be in recess for about five minutes so we could take a bathroom break, but give it up for the stars that chaired the meeting. They sat therefor a long time. (Applause) Commissioner Reyes: Let's give a round of applause for the Chair. (Applause) Chair Hardemon: It's not an easy job, right? City of Miami Page 139 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.15 ORDINANCE Second Reading 3276 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE FIRST AMENDMENT TO A Planning PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT ("FIRST AYES: AMENDMENT"), PURSUANT TO CHAPTER 163, FLORIDA ABSENT: STATUTES, BETWEEN RANSOM EVERGLADES SCHOOL, INC. AND THE CITY OF MIAMI, FLORIDA, EXPANDING THE BOUNDARIES TO THE NORTH BY ADDING AN ADDITIONAL PROPERTY GENERALLY LOCATED AT 3551 MAIN HIGHWAY, MIAMI, FLORIDA TO THE PREVIOUSLY APPROVED RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP") GENERALLY LOCATED AT 3552, 3575, 3695, AND 3575 MAIN HIGHWAY AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR EDUCATIONAL USE AS AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING A) THE ADDITION OF THE PROPERTY KNOWN AS "LA BRISA" THEREBY INCREASING THE LOT AREA OF THE RANSOM SCHOOL UPPER CAMPUS BY APPROXIMATELY 302,527 SQUARE FEET (6.945 ACRES), PROVIDING A TOTAL LOT AREA OF 801,319 SQUARE FEET (18.40 ± ACRES); B) THE INCREASE IN THE MAXIMUM STUDENT ENROLLMENT BY SIXTY-SEVEN (67) STUDENTS, FOR A TOTAL OF SEVEN HUNDRED TWENTY-SIX (726) STUDENTS; C) THE INCREASE IN THE NUMBER OF STAFF FROM ONE HUNDRED FORTY (140) TO ONE HUNDRED SIXTY (160); AND D) THE INCREASE IN THE SURFACE PARKING LOT BY THIRTY-ONE (31) SPACES, FOR A TOTAL OF TWO HUNDRED FORTY-ONE (241) SPACES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13736 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ. 15, please see "Public Comment Period for Planning and Zoning Item(s)." Victoria Mendez (Ciiv Attorney): Chairman, Chairman? Chair Hardemon: Yes. Ms. Mendez: PZ 15, which is the development agreement? Chair Hardemon: Oh, yeah. We have to have that part. Ms. Mendez: If we could just -- so that we could get -- City ofMiarni Page 140 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Before we go into recess, is there a motion to approve PZ. 15? Ms. Mendez: IfI can read it into the record? Commissioner Carollo: So moved. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded by the Chair that we approve PZ 15. Madam City Attorney, read it into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Chair Hardemon: It has been already properly moved and seconded Are there any amendments to be made? Seeing none, all in favor -- any discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Amy Huber: Thankyou. Chair Hardemon: We're in recess for five minutes. PZA 6 ORDINANCE Second Reading 3186 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "T6 Planning CHANGING THE ZONING CLASSIFICATION FROM -24A -O," AYES: URBAN CORE TRANSECT ZONE - A - OPEN, TO 76-2413-0," ABSENT: URBAN CORE TRANSECT ZONE - B - OPEN, FOR APPROXIMATELY .56 ACRES (24,700 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1441, 1445, AND 1455 NORTH MIAMI AVENUE, 1412, 1418, 1428, AND 1432 NORTHEAST MIAMI COURT, AND 25 AND 31 NORTHEAST 14 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13739 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: (INAUDIBLE) PZ.16. Victoria Mendez (City Attorney): Thank you, Chairman. City of Miami Page 141 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 16. Chair Hardemon: You're recognized, ma'am. Iris Escarra: Good morning, everyone. My name is Iris Escarra. I'm joined by Brian Dombrowski, with offices at 333 Southeast 2nd Avenue. One housekeeping matter. We're circulating the resolution for the record There are two corrections in the "whereas" clauses. It's important to note that the rezoning that we're requesting today is not changing the density that's allowed on the property, so there are no increase in units that are being sought in this rezoning, so it is simply going from T6- 24 -A to "B, " for an increase in the allowed square footage, but no change in the density. There will be a similar resolution for PZ. 17. With that -- Now, this item here is on second reading. We proffered a covenant which has 10 percent --if we do condominiums -- 10 percent will be under workforce housing if we do 14 percent for rentals, which is part of the backup in the record. Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved -- Commissioner Reyes: Second Chair Hardemon: -- and seconded that we approve PZ 16. Any further discussion? Hearing none, all in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against the motion? Todd B. Hannon (City Clerk): As amended. Chair Hardemon: Motion passes, as amended. PZA 7 ORDINANCE Second Reading 3187 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "T6 -24A -O," URBAN CORE TRANSECT ZONE -A -OPEN, TO 76-2413-0," URBAN CORE TRANSECT ZONE -B - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 70 NORTHEAST 17 STREET, 90 NORTHEAST 17 STREET, AND 1642 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13742 City of Miami Page 142 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 MOTION TO RESULT: MOVER: SECONDER AYES: ABSENT: Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Ken Russell, Vice Chair Manolo Reyes, Commissioner Hardemon, Russell, Gort, Reyes Carollo Chair Hardemon: PZ. 17. Can you please read it into the record? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Move it. Commissioner Reyes: Second. Chair Hardemon: Been properly moved and seconded that we approve PZ. 17. Iris Escarra: Same correction to the "whereas" clauses. Chair Hardemon: Noted. Any further discussion? Victoria Mendez (City Attorney): Chairman, there's a covenant on this item, PZ. 17 as -- Vice Chair Russell: Same as -- Ms. Mendez: -- yes -- Vice Chair Russell: Yes. Ms. Mendez: -- PZ.16. Okay. Chair Hardemon: Hearing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. City of Miami Page 143 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.18 ORDINANCE Second Reading 3199 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AYES: PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES ABSENT: SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.30± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA FROM "SINGLE- FAMILY RESIDENTIAL" TO "DUPLEX -RESIDENTIAL"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13740 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Let's draw our attention to PZ 18. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: I'll recognize our great constituent of the City of Miami. Grace Solares: Thank you, Mr. Chair. Grace Solares, 60 Southwest 30th Road I am here only because of what I received in the mail. And Vicky, I'd like you to help me on this one -- Ms. Mendez -- please. I received, and so did all of the neighbors who actually entered into a settlement with the applicant, the notice of hearing for today that says that the property's being rezoned, T4 -R. We would have never, ever, ever agreed to a T4 -R on that property. We have an agreement because it's a T3-0, and that's what we have. Since I'd like this matter to be resolved, because even though I don't foresee having any disagreement with the doctor, we may have some. And I don't want this notice to be -- to travel with the documents from the City, saying that it came here on a second reading, having been given a notice to the neighbors that it was a T4 -R, the changes to. Can we -- I was going to suggest in this notice, if you have a copy of it, that is crossed out. It says, 73-0, " and signed by the director of the Planning Department. Victoria Mendez (City Attorney): As you know, Ms. Solares, what the Commission passes here is what is the document of record, which will be the ordinance, which is actually PZ. 19. That has to do with the rezoning. That clearly says that it is the T3- 0. Ms. Solares: Yes. Ms. Mendez: The notice, for purposes that went out to tell everyone that there was a public hearing is actually higher, correct? Ms. Solares: Yes, it is. City of Miami Page 144 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Ms. Mendez: But that does not prohibit the Commission from bringing it down low - - you know -- a lower transect. Vice Chair Russell: Mr. Chair -- Ms. Mendez: Now I will tell you that the -- it seems that the ordinance language is correct. It's the little map that's wrong. So I really would not worry about that, especially that it's being clarified on the record. Ms. Solares: But you know that when we go to court -- Chair Hardemon: I'll recognize you. Ms. Solares: -- all kinds of documents are placed in, and the judge looks at all kinds of documents. I don't want to have any confusions by anyone. This matter came before this Commission on a second reading, T3-0, but that there was specific mistake made by the City on the notice to the people. As long as this body recognizes that, I'll be okay, because I will go ahead and have the minutes transcribed. Ms. Mendez: We can go one more -- Chair Hardemon: Thank you very much, Ms. Solares. We want to make sure that whatever -- if there is an error, let's not have the error repeated if there's another notice that gets sent out. And I want to recognize the Vice Chairman. Vice Chair Russell: Thank you. And Madam City Attorney, I would disagree with you. It does matter, and notification is one of the worst things that the City does. We're -- Customer service is so important that our residents feel that we've got their back, that we're -- they know what's going on; that we're being accurate. And when you -- when they see something being up -zoned much higher than was expected, or even just from a typo, it stresses people out. It forces them to come to City Hall and wait all day to make sure --just to make sure that that mistake we got isn't us pulling a fast one, and they shouldn't have to do that. Now this is a conversation for another time, so I will leave it, but we did allocate budgetary resources in the last budget to improve our notification process, either through technology, through manpower, whatever it takes. We've got to do better at notification. So I'll apologize on behalf of the City that your entire neighborhood got a notification incorrect. Jorge Navarro: Yeah, right. Vice Chair Russell: That being said, I am very happy to see this situation happening right here, where developer and neighborhood got together, changed the plan for the better, and if I understand, you have a settlement and you are satisfied with the current state -- as correctly stated in our agenda, but not on the notification -- with how they are movingforward; is that correct? Ms. Solares: That is correct. We have a settlement agreement; we have a covenant; and you have a covenant. There are three documents outstanding, and I think they have been already registered with the court (UNINTELLIGIBLE). Mr. Navarro: Correct. So if I may, just to clarify, like, the record, so we could have it on the record, as well, for the neighborhood, is there's three levels of protection that have all been put into the record. There's a settlement agreement between the developer and the property owner, and the neighbors. There is a covenant with the City of Miami, and there's a covenant with the neighbors. And all of these will be City of Miami Page 145 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 recorded, so these will all be part of the public record, and they're part of the record here today, so just to clarify that. What we were asking the Commission to approve here today is the Commission to approve a re -zoning that's consistent with these documents, which is actually to T3-0, and not to T4 -R. Ms. Mendez: Now, if I just may -- The reason why I said that it is not a problem for notice purposes legally -- I understand the consternation it may cause for worry purposes; however, for legal purposes, it's -- it clearly says, the language, of what is going to be done. It's the depiction that's off, because it says "T4 -R"; however, because we are not up -zoning, we are clarifying on the record that it's T3-0, then it is nota problem. The other thing is that I would like then for the applicants to waive any notice issues on the record so that this won't be an issue that Ms. Solares has to worry about. Mr. Navarro: And we have no issues with the notice. I mean, I agree with your City Attorney's interpretation if there was a notice issue. Knowing how long it took for us to get a consensus and how hard we worked on it, I wouldn't jeopardize it on the notice issue. So we are asking for something that's less inclusive than was advertised, so I feel we're -- that we're within the scope of the ad, and we have no issues with the notice. Ms. Mendez: Thank you so much, Mr. Navarro. Vice Chair Russell: I'll move the item. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded to approve item PZ. 18. Madam City Attorney, can you read it into the record. Commissioner Gort: And it's all in the record. Ms. Mendez: PZ. 18, I read into the record. Chair Hardemon: It's already been done? Okay. Oh, you did, and then 1 recognized Ms. Solares. Any further discussion on PZ. 18? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against the motion? Motion passes. City of Miami Page 146 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.19 ORDINANCE Second Reading 3200 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 73-R," SUB -URBAN TRANSECT ZONE - ABSENT: RESTRICTED, WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO 73-0," SUB- URBAN TRANSECT ZONE - OPEN, WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13741 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: PZ 19. Victoria Mendez (City Attorney): PZ 19. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This is actually the item that talks about the zoning on the T4 -R, so same arguments with regard to the notice. Mr. Navarro, you have no issue with regard to the notice that went out? Jorge Navarro: Correct. Ms. Mendez: Okay. Thank you. Vice Chair Russell: I'll make the motion to approve. Commissioner Gort: Second. Chair Hardemon: Any further discussion on the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Mr. Navarro: Thank you very much. Ms. Mendez: And this has the attachments of the settlement, the covenant and -- City of Miami Page 147 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Navarro: Correct, yeah. The settlement agreement was provided into the record at the Planning & Zoning Board meeting. We also handed out a copy at the first reading, and they're all part of the record, along with the two covenants. Ms. Mendez: Thank you so much. Mr. Navarro: No problem. Thank you very much. PZ.20 RESOLUTION 3401 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND Planning DISCONTINUING FOR PUBLIC USE A PORTION OF A PLATTED AYES: EASEMENT LOCATED AT 1005, 1015, AND 1025 SPRING GARDEN ABSENT: ROAD, 1200 NORTHWEST 10 AVENUE, AND 1000 AND 1010 SUNNYBROOK ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Now I have a question about PZ.20. PZ.20 is a resolution; it's not an ordinance. You know what? Vice Chair Russell: PZ.20 is an ordinance? Chair Hardemon: No, I'm mistaken in what I thought this was. The Chair would like to entertain a motion to approve PZ.20. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved, and seconded by the Chair that we approve PZ.20. Discussion. Sir, I -- that was a great response. What's platted there -- there's not actually a way that anyone from the public can walk into that space; it's just platted as a easement; is that correct? Javier Avino: For the record, Javier Avino, with law ojfices at Bilzin Sumberg, 1450 Brickell Avenue. Commissioner, that's correct; this is not an alley or a street. This is a public utility easement, and the easement is specifically for public utility. Chair Hardemon: But no one has -- they don't -- no public utility has activated that easement? Mr. Avino: That's correct; although we are working through the platting process, rerouting that access so that the public utilities, to the extent they need it in the future will have it. City of Miami Page 148 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Thank you very much. Any further discussion on the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Avino: Thankyou very much. Chair Hardemon: Thank you. PZ.21 RESOLUTION 3402 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND Planning DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC AYES: STREET GENERALLY KNOWN AS THE SOUTHEAST CORNER OF NORTHWEST 10 AVENUE AND SPRING GARDEN ROAD, AND A PORTION OF AN EASEMENT LOCATED WITHIN NORTHWEST 10 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ. 21, is that the same? Vice Chair Russell: Yes. Chair Hardemon: Oh, this is the public street, and this is the one -- Victoria Mendez (City Attorney): Yes; a street closure, I believe. Chair Hardemon: This is the one that I was trying to understand We've been -- Ms. Mendez: In Spring Garden Road; southeast corner of Northwest 10th Avenue and Spring Garden Road. Chair Hardemon: Is -- Ben Fernandez is here? Unidentified Speaker: (INAUDIBLE). I don't know if he is here. Chair Hardemon: All right. We'll move on. Vice Chair Russell: I saw him that way. Chair Hardemon: PZ. 23. Ms. Mendez: I believe that's Mr. Fernandez, as well. City of Miami Page 149 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Yeah. He had a lot of items today. Ms. Mendez: 24 is Fernandez, also. Unidentified Speaker: There he is. Chair Hardemon: Mr. Fernandez, we're on PZ.21. This is the vacating and abandoning of this in -- of a portion of a street in this -- on Spring Garden Road. Mr. Fernandez: Correct. Chair Hardemon: I was trying to -- I don't see any demonstratives that you have, so I was trying to -- you know, I'm very familiar with that area that way, so I was trying to get a better picture; something that I could see, maybe, that you would have had that describes exactly what that space is. I'm trying to understand where it is and how it's being used currently. So just -- can you talk that -- talk through that for me? Mr. Fernandez: Absolutely. So -- Ben Fernandez, 200 South Biscayne Boulevard, hereon behalf of the applicant. The property is at the intersection of 10th Avenue and Spring Garden Road. This is just south of the expressway and up against Wagner Creek, the -- almost the terminus of the Wagner Creek Canal. The property is improved with a nonconforming building that lacks parking. And my client also owns the other building to the south that also lacks parking. You can see the building here, and that is a portion of the road that you see. This is -- the other building has some parking that backs into Spring Garden Drive, but does not have parking, as would be required by today's standards. You can see -- Chair Hardemon: I'm sorry. Can you go back? Because I was looking in the book. Mr. Fernandez: Sure. Chair Hardemon: I was looking -- Mr. Fernandez: Sure. Chair Hardemon: -- at the images. Mr. Fernandez: Sure. Chair Hardemon: Okay. Now I understand where we are. Okay. Mr. Fernandez: Right. Chair Hardemon: And continue on. Mr. Fernandez: The intent of this would be to create -- take the right-of-way back. It looks right now into what is essentially a utility yard for Miami -Dade Water & Sewer that's on the other side of the creek, and really provides no sort of function, because it is a dead end. You can see that those are the views right now. Our intent is to clean it up and provide additional parking for these two nonconforming buildings, a parking -- nonconforming apartment structures on either side -- and create a better a better parking situation, larger green areas than would be permitted, you know, otherwise, if it were to remain an open right-of-way. We think that we meet the test under Chapter 55 for closing the right-of-way. You know, is it in the public interest with a general public benefit? Yes. It would benefit. It would bring 11,566 square feet back onto the tax rolls for the City. The public is no longer using the right-of-way, which is the second test under Chapter 55. City of Miami Page 150 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: But how have you proven that? How have you proven that the public does not use that right-of-way? Mr. Fernandez: Because the public utilizes the other -- it's not improved, it's never been -- Chair Hardemon: Could you go back to -- Mr. Fernandez: Sure. Chair Hardemon: -- the image of the actual alleyway? This is the alleyway that we're looking at, just in the middle of the screen. Mr. Fernandez: But it's actually the terminus of 10th Avenue, and what you see there is the driveway that leads to the apartment building, but isn't an improved road. Chair Hardemon: Which parking --which part is it? Mr. Fernandez: That's it, yes. Commissioner Carollo: All that? Mr. Fernandez: Yes. Commissioner Carollo: So you're trying to get that to build on it? Mr. Fernandez: Eventually build on it, but for now, we want to provide more parking for that apartment building and for the other apartment building on the other side. The prop -- Commissioner Carollo: Well, that's got a price. Chair Hardemon: But the -- I -- the first thing I was wondering is, I would think to get to that building, I would drive on that street. So when you tell me that the public doesn't use it -- Mr. Fernandez: Well, I think that that property owner uses it as a driveway for their building, but the general public doesn't use it to get to another lot. Typically, when you dedicate a street for public right-of-way purposes, it is for the intention of getting a person from one location to another lot that doesn't have frontage on the street that they're located. Chair Hardemon: But right now, you own both sides of it. Mr. Fernandez: That's right. Chair Hardemon: But you didn't always own both sides of it. Mr. Fernandez: Did not always own both sides of it. Chair Hardemon: Right. So the street then would have been access for one property owner -- Mr. Fernandez: Yes. City of Miami Page 151 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: --and access for another property owner. Mr. Fernandez: That's correct. Chair Hardemon: And when did you acquire both properties? Mr. Fernandez: Then it's no longer necessary -- it's access for both for the same property owner, because they own on both sides. In fact, that is typically a condition; is that you have property owners on both sides of a right-of-way join in the application to vacate the right-of-way. In that -- in this case, we didn't have to do it, because the street was completely dedicated from one side of the plat, but we do have ownership on both sides of the right-of-way, so we do meet that criteria. Chair Hardemon: But you could sell -- I mean, you could sell one parcel of it to someone else or you could vacate that and sell the entire parcels to someone. Mr. Fernandez: Well, no. The way it's being -- it needs to be re platted -- Commissioner Gort: Unity of title. Mr. Fernandez: -- in order to be closed. And when it gets re platted, it is becoming part of the lot where the building is located. So it's not a separately platted lot; it becomes part of the building lot. But, yes, any portion of it could be sold, you know, down the road. Chair Hardemon: You can continue on with your presentation. Mr. Fernandez: As I said, the -- there really is no reason for this road, because the streets that abut the apartment buildings, Spring Garden Road provide access to all the buildings on Spring Garden Road. So this is a street that leads into a dead end that looks over into a utility yard. Emergency vehicles are similarly not using this street, and that is confirmed by your Planning Department recommendation and your Plat and Street Committee recommendation that voted unanimously in favor of the closure, as did the Planning, Zoning & Appeals Board. And would the vacation and closure of the right-of-way or easements have a beneficial effect on vehicular circulation in the area? We believe that it would. Right now, it's a dead end that just serves as an area where someone can congregate and, you know, engage in illegal activity. It's not monitored, we don't have a right to control it, and it would be better if we were able to control it, utilize it for parking for the buildings, and get it back on the tax rolls so that it can be taxed. It's not functioning as a right-of-way; emergency vehicles aren't using it; service vehicles aren't using it. It meets all of the criteria. Chair Hardemon: People are using it. No, people are using it to -- I mean, it's being used. Mr. Fernandez: Only the residents in our own building. Chair Hardemon: I'll tell you why I'm hesitant about this space. Because in Spring Garden, they've been inundated with large developments. And currently, I mean, if you go there today and you look at some of the major developments that have come about in this historic neighborhood, next to single-family homes, et cetera -- I know here, there's some -- there's higher structures, but -- Mr. Fernandez: This is not the Historic Spring Garden. This is far removed from Historic Spring Garden. This is closer to the medical campus near the old women's jail and just south of 14th Street. This is hardly the Historic Spring Garden. It's -- City of Miami Page 152 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 just happens to be called Spring Garden Road, but it is not Spring Garden. If you look at your kits, you'll see that this is really along Wagner Creek, but way further north on Wagner Creek, almost into the Jackson area. So the character of the area is not historic. You can see from this aerial image that we are right up against the utility yard, the Miami -Dade Water & Sewer utility yard. Chair Hardemon: You're up against Wagner Creek, which is going to be a beautiful asset in the City of Miami. Mr. Fernandez: I understand. I understand. But this is, of course, the very narrow end of Wagner Creek. Commissioner Carollo: Do you have any idea how many square feet is in that City property that nobody uses? Mr. Fernandez: 11,000 square feet, approximately -- Commissioner Carollo: 11, 000 square feet? Mr. Fernandez: -- 500; 11,500. Vice Chair Russell: You said "City property"? Commissioner Carollo: So it's big enough to build two homes on two normal City lots. Chair Hardemon: It's long; it's long though. I mean, I don't know if you could -- couldn't do it that way. Commissioner Carollo: Well, no, no, I'm not saying that. I'm saying in the total square footage. Chair Hardemon: Right. Commissioner Carollo: That's got a price though, you know? Chair Hardemon: No, I -- Commissioner Carollo: It's got a value. Chair Hardemon: -- think it -- I think you're right, it does. But I will say that any time we have the public rights -of -ways [sic] -- Well, you know what? Should I say that on the record? Commissioner Carollo: You don't want to say it on the record, because we got a big one coming, maybe. Chair Hardemon: Exactly. Exactly. That's what I was thinking about. Commissioner Carollo: I got friends that might think one way somewhere else in the County, but -- Chair Hardemon: I was just thinking of that, too. Commissioner Carollo: -- everybody's made money on it. And you know what? I want to make sure the City makes money on it. City of Miami Page 153 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Oh, my goodness. Commissioner Carollo: You're starting to scare me, Chairman. We're thinking alike too much. Chair Hardemon: Go on with your presentation. Mr. Fernandez: Well, typically, an owner has reversionary rights within the right- of-way that was dedicated. At some time, it was probably anticipated that 10th Avenue would cross over Wagner Creek; there would be a bridge, or there would be some purpose for this right-of-way. That never came to fruition. Chair Hardemon: That would be nice. That would really be nice. Mr. Fernandez: Well -- Commissioner Carollo: Look, let's cut to the chase. If they want to buy it, I'm amenable to sell it. Do we have anyone that -- in staff that has any idea what that property could be worth right now, granted that it doesn't have a great use? Vice Chair Russell: I have a legal question for the City Attorney. Is this our property, or is it the property of the abutting owners that have dedicated it to us until they want their reversionary rights? Ms. Mendez: We're talking about the street, correct? Vice Chair Russell: Yes. Commissioner Gort: Right. Ms. Mendez: Right. According to case law, pretty much, on Florida Statutes, where the custodian, unless otherwise advised in the plat, and unless otherwise advised in the plat, also, it goes to the center line; and then when it's not being used anymore, it reverts to both sides of the property. Vice Chair Russell: But your word is "custodian." Are we the owner with rights to sell it? Ms. Mendez: No, no, we're not; we're not the owner. Vice Chair Russell: So we're talking property rights again here. And if the owners own the road up to the middle line, unless otherwise stated in the plat, if we're not doing anything with it, it's theirs. Commissioner Carollo: Do we have anything that you could show me the plat that states that? Does anybody have the plat here? Mr. Fernandez: Yes. Chair Hardemon: And I -- you know, it just -- Thinking ahead of issues, it really does get me wondering how you move forward. I know there -- I can anticipate that there will be an issue that comes before this body where they want to close a public street. Commissioner Carollo: Yeah. City of Miami Page 154 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: And -- but that public street is actually being used. You know what I mean? And so, then the question is, is it being --? It doesn't follow the street vacation guidelines, you know. And so, then at that point, is it --you know -- how do you end up going about closing it? Commissioner Carollo: I'm sorry. I might understand that on a sidewalk, but a street? Chair Hardemon: No, what I'm saying is they -- For instance, I could see some issue possibly coming before this body where they want to close a street. Commissioner Carollo: Oh, yeah. Chair Hardemon: Right? And that's a street that people actually use, right? Commissioner Carollo: You'd be surprised how many, including Genting. Don't go running at them now for contributions. Chair Hardemon: But what happens? Ms. Mendez: If it doesn't mean -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- right. We've had situations that have come -- I remember a really contentious one in Coconut Grove where there was a -- it was used for pedestrian access all the time. There were hundreds of people that came that talked about how they walked their dog through there, they strolled, they -- so it was constantly used. Something like that would not meet the criteria for a street closure, but that's why we rely on the evidence. Commissioner Carollo: My concern is this: That, granted, this is a piece of property that's not worth much, and I understand that, but I don't want to set a precedent anymore that maybe we have in the past that we're giving away property that rightly is in our possession. And my concern is not for this small piece of land that is basically insignificant to us -- even though it still has a value, no matter how small it is -- but we have two major properties into the future -- one might come before us sooner than the other -- that now we're talking about real money. One, in particular, might be, you know, several tens of millions of dollars, because I remember measuring all those streets and everything. And there are some others that might not be as valuable, but very valuable still. So I don't want to begin by setting a precedent, and we shoot ourselves in the foot in the future. Chair Hardemon: You know, but the thing about it is that when it comes down to the basic question of, "Is the street being used?" I don't know if I agree with you where - - even over the Planning Department or anyone else -- when you say that it's not being used, and I know that people drive down that street to use it. Now they service the building, they drive down the street to get to that building. And we described Wagner Creek. I mean, you put forth a --such a wonderful plan to build a beautiful bridge or I could imagine Wagner Creek being cleaned up or say Miami -Dade County moves out of that space, so they beauty it, and people use that as a way to -- The dead end then becomes a little park space that you could sit on Wagner Creek or you can pull up a kayak or -- I don't know if you can kayak on Wagner Creek, but I'm not a -- Mr. Fernandez: Okay. City of Miami Page 155 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: You can't. Chair Hardemon: -- outdoorsman in that sense. But, you know, the street will still be used. It will service those two lots. Now you couldn't build one big major property on that lot, and I'm sure that'd be the -- that's to the loss of the property owners. But to say that it's not being used -- and clearly, from the picture, cars drive down that way. It's just -- it's like -- it's such a -- Mr. Fernandez: They don't -- But, Commissioner, the only cars that drive down that street are the cars that are going to the property owner's property on both sides. There is no passage beyond the property owner's property. I've closed many streets on behalf of different property owners within the City of Miami, and the condition always is that they own on both sides of the street -- Chair Hardemon: Right. Commissioner Reyes: Right. Mr. Fernandez: -- and that the only people that are utilizing that street are themselves. Chair Hardemon: But that's not what it says. What does the conditions say? What does our Code say? Mr. Fernandez: That the public is no longer -- the public is no longer using it; not the property owner. Chair Hardemon: But then -- Mr. Fernandez: The public is no longer using it. Unidentified Speaker: That's right. Mr. Fernandez: Is the public -- is it in the public interest or would the general public benefit from the vacation of the right-of-way or easements? Is the general public no longer using the rights-of-way or easements, including public service vehicles, such as trash, garbage trucks, police, fire; other emergency vehicles? Would there be no adverse effect on the ability to provide police, fire, or emergency services? And would the vacation and closure of right-of-way or easements have a beneficial effect on vehicular -- pedestrian and vehicular circulation in the area? That is the test; that's the test that was considered by the Plat and Street Committee, and the Plat and Street Committee found that we met that test, as did the Planning, Zoning, and Appeals Board. Chair Hardemon: Mr. Garcia, what do you have to say about it? Oh, I'm sorry. Commissioner Gort. you're going to make that parcel of land a lot larger, and you can get a major project in there. Maybe they can volunteer a covenant with whatever is built there. We can have affordable housing and workforce houses. Vice Chair Russell: Water access. Commissioner Carollo: Kind of become an (UNINTELLIGIBLE). Chair Hardemon: What are the properties that -- City of Miami Page 156 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: Huh? Chair Hardemon: -- are across the street from it? Mr. Fernandez: The properties across the street are -- Commissioner Gort: Its the County property. Chair Hardemon: No, not across the water. Mr. Fernandez: That's one right there. Commissioner Gort: Affordable housing. Chair Hardemon: Right. I'm familiar with that one. Mr. Fernandez: Yeah. This is another one. Chair Hardemon: The low-rise, right. Mr. Fernandez: And that's back to the -- Those are the two that are right across. Chair Hardemon: Okay. Mr. Fernandez: And there's the strip in question. Chair Hardemon: Mr. Garcia? Francisco Garcia (Director, Planning & Zoning): So what I would say is the following, because this is one of many cases that have come to the Commission, and presumably, more will come: It is correct to say that this is, in essence, presently public right-of-way. It is correct to say that it doesn't lead traffic, which purportedly is the purpose for which it was originally improved, from anywhere to anywhere else, as it dead -ends on Wagner Creek. However, it is worthy of note that it was improved at some point in time by the City of Miami, with funds from the City of Miami, and it is the sole means to get from Spring Garden Road to Wagner Creek. Right now, the Wagner Creek edge is not itself a destination; it really is a dead end. However, by vacationing this particular portion of the right-of-way, the City is forfeiting the opportunity in the future to provide such access and to activate such a dead end. So thus far, of the process leading up to this particular hearing, the property owners, through the attorney, have made the case that the City is really not putting it to any other use than a use that they would themselves be able to provide by simply closing it off and providing access directly from Spring Garden Road. So in that sense, it doesn't add any value to anyone else in the City. However, I want to clarify that by vacationing this right-of-way, the City is forfeiting any future development or the means to provide access for other neighbors to Wagner Creek in the future. Chair Hardemon: Mr. Vice Chairman? Vice Chair Russell: Mr. Garcia, does the Baywalk Ordinance apply here, if -- when they -- if and when they develop the property? Mr. Garcia: Not at present; it does not. Vice Chair Russell: What's the reason it doesn't apply here for Wagner Creek? City of Miami Page 157 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Garcia: So Wagner Creek is not one of the waterfronts that is right now eligible for that. Vice Chair Russell: I would -- and if I may continue, Mr. Chairman -- I would agree with you in the sense of the water access. Vacating this eliminates our water access. And if our intent was for people to drive down the road and look at the water, fish on the water, go in the water, whatever it is, we would be eliminating that. But I don't believe we want to set the precedent of trying to sell people their land back to them; that's just a shakedown. We got to be more subtle about it if we're going to go about this, because we could deny him till the cows come home, and they could proffer a covenant that achieves the goals that the City is trying to achieve, as Commissioner Gort said; that's subtle. But for us to just say, "You want us to close that road, we'll sell it to you, "I don't believe it's ours to sell. I think that's kind of the wrong way to go about it. Ms. Mendez: I think maybe what we need to think about it, in other terms, would be -- and if it was a road that was improved and bond dollars were used to improve the road, then maybe that's something that the City is entitled to get reimbursed for any of those types of costs, but obviously, we're not supposed to be selling anything that - Chair Hardemon: I think about a neighborhood. I think about I make a right turn into a -- onto a street that dead -ends, maybe the expressway, right? And on a typical -- say on that block, there are eight houses on each side; 16 houses on the block. If a developer purchased each of those eight on the north side and each of the eight on the south side, effectively, he could make the same claim that, "Look, I own every single parcel that's here. I want to vacate the street, because the street only provides access to my property," right? I mean, I -- and I'll stop for a moment. I was having a conversation with someone at one point, and I said to them, "You know, it's interesting, because someone with a lot of money can come in and buy every single house here. They can buy every single house in a place like" --I described Liberty City --"and not put one tenant in it. It could be a ghost town. No one lives there." Certainly, a billionaire -- and we have many of them. We have one that's actually from South Florida, trying to do Amazon, right? So certainly, a billionaire can go into a single-family neighborhood and buy 18 houses. They -- and ask --and not put one tenant in it; allow the properties to sit. He can have them boarded up like -- do whatever he wants with it, and then vacate that street, and then try to get us to up - zone, and do some other sort of major development there. It's very well possible. It seems far-fetched, but I do believe that people are out there who think that way, because I know it's possible, because we don't have a mechanism in which to combat it. And so, I don't think this is that. You certainly own the land that's adjacent to it. I know people rent there, et cetera, and -- I mean, I agree with the Vice Chairman in the sense that -- well, I'll just put it this way: The question I have is, "Does it meet the standard? Is it a road that is not being accessed by the public? Is it" -- and as it was articulated by our -- by Francisco Garcia -- and it was articulated by you, counselor. And so, that's the part that I was challenging. And if -- and in this instant, I would say that I can see why the City and also the -- what is it? -- Planning, Zoning & Appeals Board agreed. And so, I mean, with that being considered, without looking any further into any other future closings that could occur, because those facts are always different from the facts that we're looking at in this situation, the Chair would entertain a motion to approve PZ.21. Commissioner Gort: I'll second, and with an amendment. Chair Hardemon: So -- Commissioner Gort: Volunteer -- City of Miami Page 158 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: -- you'll move it. I'll second with the amendment. What is your amendment? Commissioner Gort: -- with a covenant, volunteer a covenant that any project that will take place in there, a percentage will be determined for affordable housing and workforce houses. Commissioner Carollo: What percentage? Commissioner Gort: 20? Commissioner Reyes: 20 percent. Ms. Mendez: Commissioner, I don't know on a -- Commissioner Gort: No, because they got to volunteer to it. We're not asking them to do it; they're going to volunteer. Commissioner Reyes: Going to volunteer. You're going to volunteer. Mr. Fernandez: So the amendment was, Mr. Chair, from the Commissioner, a voluntary covenant concerning affordable housing. Was there a percentage? Commissioner Gort: Affordable housing, workforce houses, 20 percent. Well, if you're going to build a hundred units -- Commissioner Carollo: No; he's going to build less. Commissioner Gort: Well, I don't know how many units you can build there, but whatever you can build there, 20 percent of it. Mr. Fernandez: Remember, we're not building anything at this point. Commissioner Gort: I understand. But what that -- we're putting that together. By putting that road in there, that's going to be a major lot. Mr. Fernandez: Right. Chair Hardemon: What I'll do is this: We can continue the item for more discussion that's not in, you know, this light, so you have an opportunity. I don't want you to feel like -- Mr. Fernandez: Right. Chair Hardemon: -- you're under duress in making a decision like this. Mr. Fernandez: Right, right. Chair Hardemon: And so -- but you've heard the concerns of the body. Mr. Fernandez: Mm-hmm. Chair Hardemon: So if there are things that you could -- if you're looking at some future development, you know, it's -- I told you from the very beginning, technically, I don't know if you actually meet the definition; I'm being told or advised that you do. City of Miami Page 159 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Fernandez: Mm-hmm. Chair Hardemon: I don't have to agree with what's being told to me; and so, that's been my -- that's my issue with it, because I know that cars turn down that way. They may have good fish right there; I don't know. They may have poisonous fish. But, you know, I think that's a concern -- that's a stepping stone we have to get over; and then, from there, it'll be nice to know what's going on, what do you plan on doing there, what type of space do you want to build, because if you come back and you build a strip club and everybody's mad at me, then I'm in trouble. I can't walk through Spring Garden anymore, and I don't know if you know it, but it's a tough crowd. Mr. Fernandez: Yeah. Chair Hardemon: So let's do that. Is that fair? Mr. Fernandez: Can you give me one moment -- Chair Hardemon: Sure. Mr. Fernandez: -- here with my client? If I can, a point of clarification: The covenant would be on the portion of the property that is being vacated that is the subject of this application? Chair Hardemon: Probably not. Commissioner Gort: No, no, no. Mr. Fernandez: Okay. Chair Hardemon: Probably not. Vice Chair Russell: I would go to the drawing board. If you have the time (UNINTELLIGIBLE). Mr. Fernandez: I think we need -- Vice Chair Russell: (UNINTELLIGIBLE) -- Mr. Fernandez: --a deferral. Vice Chair Russell: (UNINTELLIGIBLE) the Chair's recommendation. I think we're moving very quickly here. Mr. Fernandez: I think we need a deferral. Chair Hardemon: Right. So what I'll do is I'll defer it. Mr. Fernandez: A continuation. Commissioner Gort: I remove my motion. Chair Hardemon: It's a street right now. I don't think there's any urgency in this, so I'll give you a -- Mr. Fernandez: Right. City of Miami Page 160 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: -- few months to take care of it. Mr. Fernandez: Okay. Chair Hardemon: Is that fair? Commissioner Carollo: And so you know where I'm coming from, looking at the project, I don't have any difficulties with it, even though to get into it, you do have to come through District 3. Mr. Fernandez: Right. Commissioner Carollo: My problem was I didn't realize the street there. Mr. Fernandez: Mm-hmm. Commissioner Carollo: And that puts it in a different perspective for me, for the reasons that I stated; not because of your project, necessarily. Even though I respect the Chairman's opinions, and he might have a good point -- this is one that even though the actual part where the street is at is not in my district, I might want to go and see it, and see if it makes sense, like you're saying. Mr. Fernandez: Understood. Okay. Commissioner Gort: I retire my motion. Chair Hardemon: All right. Mr. Fernandez: So deferral till when? Chair Hardemon: The deferral will be for three months, so whatever the -- Commissioner Carollo: Moved. Chair Hardemon: --project (UNINTELLIGIBLE) -- Todd B. Hannon (City Clerk): April 26. Chair Hardemon: -- is fine. All right. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All right. That motion passes. Right now, we are on PZ.23. Commissioner Gort: 23. Mr. Fernandez: I -- Chair Hardemon: Yes? Mr. Fernandez: -- my client has said he's okay with the 20 percent covenant. He just said that's fine. Commissioner Gort: For the whole property? Mr. Fernandez: The area is geared towards -- That was their market, anyway, is -- City of Miami Page 161 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: I was going to say. Mr. Fernandez: -- an affordable market in this area. You can see from the surrounding development it's consistent with it. They don't have a problem with your amendment, Commissioner Gort. We'd rather move forward, because that's the intent. Vice Chair Russell: Workforce and market are about the same in there, is what we're saying, and -- Mr. Fernandez: That's fine. Vice Chair Russell: -- it's not really much of a (UNINTELLIGIBLE) cost. Chair Hardemon: Is there--? Commissioner Reyes: Excuse me, but -- Chair Hardemon: I'll still give you the -- I'm going to give you the three months. I'm glad you agreed to it. Let the lawyers meet and determine how it is that you codify that. Mr. Fernandez: Well, can we bring it back before three months? Chair Hardemon: You could. Mr. Fernandez: Yes? Chair Hardemon: You absolutely could, yes. Mr. Fernandez: Okay. Commissioner Reyes: And -- Chair Hardemon: What -- okay. And do -- Can I say "indefinite deferral"? Truly, an indefinite deferral is six months, but I can also bring it back at any time I want to. Mr. Hannon: Correct. Chair Hardemon: So -- Commissioner Reyes: And so -- May I say something? Because I don't want to surprise you later on and say, "Okay, it's going to be workforce of -- "affordable, but not based on Dade County" -- "the median income for Dade County. " Mr. Fernandez: Mm-hmm. Commissioner Reyes: See? Chair Hardemon: I rent an apartment -- Commissioner Gort: I can assure you -- I can -- Chair Hardemon: -- not too far from there and it's workforce. That's what I was (UNINTELLIGIBLE). Commissioner Gort: -- assure you they know what the rent is in that area. City of Miami Page 162 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Chair Hardemon: Yeah, I know what the rent is. Commissioner Reyes: I want it to be based on City of Miami median income -- okay? -- particularly for that area. Okay? Chair Hardemon: So can we just have the record reflect if the move -- How do you want me to do it procedurally, Mr. Hannon? Commissioner Carollo: You know what bothers me? Chair Hardemon: You want to rescind the previous vote? Mr. Hannon: No. I think that enough time has not passed; if you wanted to just correct it. It was a deferral, the intent was there, so we're just going to change it to "indefinite deferral." Chair Hardemon: That's great. Thank you. Commissioner Carollo: But what bothers me is that this is really a small project and that we spent so much time on the workforce aspect on this project, but then we could let projects that are combined, maybe a thousand units and -- Chair Hardemon: Slide by. Commissioner Carollo: -- we don't make much discussion; especially after they were telling us how much they were going to lose and -- but anyway -- Mr. Fernandez: We're ready to move forward. Commissioner Carollo: -- I think this Commission needs to come with a conclusion in the very near future to idents how we're going to enforce all this workforce housing now, because I will tell you this: There's nobody that's out there that's a builder that wants to build more that's not going to come and say, "I'm going to do workforce housing. " Chair Hardemon: Right. I agree. Commissioner Carollo: Nobody's enforcing it. Chair Hardemon: I agree. Commissioner Carollo: It's getting a free ride so they can make plenty more money, and we need to really look at that in the future. Commissioner Reyes: Yes. Commissioner Carollo: Near future. Commissioner Reyes: I agree with you. Chair Hardemon: I agree. Commissioner Carollo: Okay. City of Miami Page 163 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.22 ORDINANCE First Reading 3517 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 76-8-L," URBAN CORE - LIMITED, TO 76- ABSENT: 12-L," URBAN CORE - LIMITED, OF APPROXIMATELY 0.55 ACRES Note for the Record. Item PZ.22 was deferred to the March 22, 2018, Planning and (23,939 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1136 NORTHWEST 8 AVENUE, 1146 NORTHWEST 8 AVENUE, 1145 NORTHWEST 11 STREET ROAD, AND 1157 NORTHWEST 11 STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.22 was deferred to the March 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.22, please see "Part B: PZ - Planning and Zoning Item(s)." PZ.23 ORDINANCE First Reading 3403 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, Planning PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN 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: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon City ofMian ni Page 164 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Note for the Record: For additional minutes referencing Item PZ.23, please see "Public Comment Period for Regular Item(s)" and "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: Now PZ.23, which is just what you said, this is a -- no. No, this is not what -- I'm thinking about the wrong thing. PZ.23, can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Can you give us the procedural history, Mr. Garcia? Commissioner Carollo: We don't have any City roads you need in this one, right? Commissioner Reyes: Yes. Ben Fernandez: No City roads. We're creating one in this one. Commissioner Carollo: Okay. Chair Hardemon: So that could be what Wagner Creek looks like. Mr. Fernandez: No. Commissioner Carollo: It could. Chair Hardemon: So what --please proceed. You're entering a lease. Tell us about the PZAB (Planning, Zoning & Appeals Board) and what happened with the proceeding. Francisco Garcia (Director, Planning & Zoning): Thank you. Briefly, by way of introduction, PZ.23 is a companion item to PZ.24. They are respectively a land use change proposal and a rezoning for properties as described at 1515, 1529, and 1543 Northwest South River Drive, before you on first reading. The request is to take the land use from single-family residential to low density multifamily residential; and on the zoning side, from T3 -L, with a density of nine units per acre to T4 -R, with a density of 36 units per acre, so that's a multiplier of 4 in terms of the increase of the density. The recommendation of the department is for denial, and the recommendation of the Planning, Zoning & Appeals Board was also for denial. I'll explain briefly the reasons why. This area, the subject site, happens to be fairly vulnerable to storm surge and other perils regarding storms. It happens to be fronting the river, and it's fairly low-lying land; and therefore, it is significantly vulnerable. And in addition, as has been described before in the testimony, the area is a well-established T3 -L, T3 -R site, so low density single-family residential. And so, those are the main reasons why the recommendation for denial exists. The other mitigating factors, however, that I would like to propose to you to consider are as follows: These few properties are actually -- or a few amongst the number of properties that are essentially pocketed by Northwest 17th Avenue; the 836 Highway, which, at this point in time is significantly elevated; the river; and the Cloverleaf, providing access to the 836. So it is a fairly unique condition, not necessarily representative of the character of the presumably historic -worthy district that's well established to the south. In addition to that, the applicants, as set forth in a set of covenants that they have proffered, are seeking to improve the land, fortes it, and strengthen it to make it more resilient. And what we've heard from some of the stakeholders in the area is that they are mostly concerned in terms of possibly opposing this application by having all of the other properties in a similar situation City of Miami Page 165 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 also up -zoned, so that everyone could benefit from those improvements. And we think that that is certainly worthy of consideration. Again, for this particular pocket of land, as opposed to the remainder of the neighborhood, I think that distinction would have to be made. With that, I yield to the applicant for presentation. Ben Fernandez: Thank you, Mr. Gar -- Commissioner Gort: Wait. Before you go on, let me explain something. I understand -- I know this area very well. I went to Miami High, and it was a beautiful area; it still is, part of it. But unfortunate [sic], the expansion to the suburbs to Miami -Dade County ruined that part of the -- that -- Those properties sit in an island by itself. The expressway ruined the whole area in there. Yes, you have the character of the ones next to 7th Street, and I'd like to propose that we'd like to see that whole island -- the change of zoning in the whole island; it's very important. And the reason I'm bringing this to you all and I want you to look at it, because we've had -- most of the complaints that I had from 20 -- of the open area here -- and you can see the road there -- the amount of crime and stuff that takes place in there is -- I get a lot of calls for the police, and I get a lot of complaints for the adjacent neighbor that live there, so that's one of the reasons I'd like for him to present them and read the covenant, which is very important. Chair Hardemon: Do you have a motion? Commissioner Gort: No, I'm not going to make a motion yet. Chair Hardemon: No? Commissioner Gort: Just go ahead. Chair Hardemon: Okay. Mr. Fernandez: Thank you. Mr. Chair, members of the board, again, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. As Commissioner Gort was indicating, this is an area that has changed significantly as a result of the advent of the Dolphin Expressway. As you can see, there's a 507 foot, approximately, gap between the residential lots on the river and the nearest part of the Park Grove neighborhood; that's one change. You can see it here clearly on the plat of Grove Park. It was once contiguous lots from the river all the way to Northwest 7th Street. And today, you can see the number of lots when you overlay the plat -- the aerial photograph over the plat. You see how many lots were lost, and the separation that was created. The second major change that happened in this area was the approval of the River Landing Special Area Plan, which is immediately across the water from these lots. This is what those single-family homes will be looking at. This is a significant project, with over 2 million square feet of floor area on eight acres. These changes fundamentally changed the character of the area, and particularly this pocket created by the Dolphin Expressway, 17th Avenue and the River Landing Project. The Miami River Commission is supporting our application because we have proffered to do several things. They recognize that the area has changed; that our request for T4 is, in fact, consistent with many other residential lots along the river; even including Spring Garden, which is lined by T4 zoning along the waterfront. We're proffering a covenant that we'll guarantee that there's waterfront access from 6 a.m. to 10 p.m. This is something that isn't required by your Code, but that we're doing anyway, and that the River Commission is very happy about. We've also agreed to replace or refurbish the publicly -accessible seawall on 16th Avenue, which is outside of our property, in the public right-of-way. We've agreed to landscape and paver or sidewalk the Northwest 16th Avenue median, which is a large median that you can see -- City of Miami Page 166 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: Let him take the mike. Mr. Fernandez: Thank you. -- that you can see here. This is 16th Avenue River Landing; this is the proposed project, and this is the Cloverleaf of the expressway. We will be planting and providing paver improvements within this green area, and fixing the seawall; also, providing street improvements on 16th Avenue. Also, we're guaranteeing that there will be vessel dockage available, which was very important to the River Commission, at our project; meaning that these docks will remain operational and in good order as a result of the development. There's one thing from the staff analysis that I think that was omitted, and I think that if it would have been included, perhaps the recommendation from the department would have been different, and I think that this is very significant. Yes, the coastal management element of your Land Use Plan discourages population increase within the coastal high hazard area, but what the staff analysis doesn't mention is Policy CM4.3.4, which says that residential land uses can be approved if they meet one of the following standards. We happen to meet two of those standards, which are basically whether or not the hurricane evacuation routes are affected, and whether or not the hurricane shelter capacity is affected. Miami -Dade County did an analysis, provided it to the City in response to this question, and the Planning Department analysis itself describes that there will be minimal impact on evacuation times and shelter needs. This is Finding Number 5 from your staff analysis, and it's based on the statement from Miami -Dade County Office of Emergency Management that confirms this would have minimal amount of impact on evacuation clearance. So we are consistent with the coastal management element; we're not inconsistent with it. And this is an application for rezoning that makes perfect sense, is consistent with the trend of T4 -R along the riverfront in the area, and is compatible; we're providing all the public benefits that we've described. So for all of these reasons, we would ask that you support our application. And we're here to answer any questions that you have. Thank you. Commissioner Gort: Question. My understanding, one of the worries of most of the neighbors in the area is the -- if you were going to have any commercial, because they had problems in there before. They had people that would use their lots with the -- where you put your boats, and they were using it to do repairs and so on. My understanding is there's no commercial in that district. Mr. Fernandez: None, whatsoever. Commissioner Gort: The second thing is that I would like to ask staff to -- our self, the City of Miami -- to do the analysis to make the whole area the same zoning. Mr. Garcia: We will certainly initiate that process. Thank you. Commissioner Gort: Okay. Commissioner Carollo: Chair? Chair Hardemon: Yes. Commissioner Carollo: If I could address the Planning Director? Chair Hardemon: Please. Commissioner Carollo: This particular site, like goes from nine units that's allowable now to 36 per acre. How many units can they build now totally, and how many units would they be able to build if this is approved? City of Miami Page 167 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Garcia: I believe the approximate size of the aggregated land is one acre -- I would like to ask the applicant to correct me if I'm wrong -- but approximately one acre. And so, the difference is -- although there are no -- there aren't nine single- family residences built there today, because there are less -- the lots are larger -- the density presently would allow for nine single-family residences, and they could now go up to approximately 36 units. Commissioner Carollo: Okay. So from nine to 36. I know you're building a seawall; that's expensive. I also know that you're going to get a pretty penny for those units there. Those are not going to be workforce units. Are you willing to proffer -- or is your client, should I say -- willing to proffer anything to the City? Mr. Fernandez: Well, we're proffering public access, which we would never have to proffer, because the zoning doesn't require it, unless you are a commercial zoning, or a higher intensity residential zoning category. So I think that that is a huge commitment to make in terms of management and security that will have to be enhanced to ensure that there's -- that the residents are safe in this community, so those are ongoing expenses that we're committing to via a covenant that you wouldn't other -- that the City wouldn't otherwise have. Commissioner Carollo: Well, you're not going to be committed to the people that are going to either buy or rent there that'll be paying for that; and so, let's be clear on that. Mr. Fernandez: Mm-hmm. Commissioner Carollo: But let me rephrase my question. Is there anything that -- for the extra units outside of what you proffered so far that your client would like to proffer in addition? Mr. Fernandez: I think it's something that we could entertain between first and second reading. This is the first reading. We're happy to consider that -- Commissioner Gort: What Mr. Fernandez: -- and get back to you. Commissioner Gort: -- we're looking for is the contribution to the -- Commissioner Reyes: Housing Authority. Commissioner Carollo: Whoa, whoa, whoa. Commissioner Gort: Sorry, I -- Commissioner Reyes: Okay? Commissioner Gort: So -- Commissioner Carollo: I think they -- Commissioner Gort: -- at the same time -- Commissioner Carollo: -- been around most of the day; they understand. But, look, his point is well taken; it is first reading. And so, can I -- would you like to make the motion, Commissioner, on second -- City of Miami Page 168 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Gort: Yeah, I make the motion. Commissioner Carollo: -- on first reading? Commissioner Gort: Is there a second? Commissioner Carollo: I second. Commissioner Gort: Before you finish --wait a minute. Before you finish, I want to make sure. I'm requesting that the rest of the island, of the "B" zone, achieve the same zoning. I'm asking for it so we can start on procedure right away. Mr. Garcia: Duly noted, and we will commence to prepare that study and the subsequent change. Commissioner Gort: Because that's the vested half of the additional property owners; that they wanted to see the same treatment there. I also would like to inform -- because I know Mr. Long (phonetic) was here today -- I talked to the Miami -Dade Expressway Authority. They are going to expand the entrance to south -- to 17th Avenue, going west. At the same time, I think I've asked the -- them to make sure they look at it, see if they could have another access going out of that neighborhood. Vice Chair Russell: Sir, you'd like to speak? Commissioner Reyes: Yes, sir. Allen Gettinger: Basically, I'd just like to reiterate -- My name is Allen Gettinger, by the way. I live at 1611 Northwest South River Drive, which is two properties over from the proposed zoning change. And I -- like you mentioned, Mr. Gort, we'd like to rezone, as well; and we'd like some assurance. We don't want to get left behind -- Commissioner Gort: Sure. Mr. Gettinger: -- with this project next to us, and then have a couple of homes that are no longer homes; can no longer be sold as a home, and the rest of us -- and me, myself included -- I've got everything I've got in my house, so this is going to directly impact everything I've got. Commissioner Gort: The action that I've asked today -- Mr. Gettinger: Mm-hmm. Commissioner Gort: -- is to assure that you do not have to go through the process. The City will do the process to change the whole area. Mr. Gettinger: Fine. Commissioner Gort: Okay? Mr. Gettinger: I'd appreciate it. Thank you. Vice Chair Russell: Thank you. There -- sir, you'd like to speak, as well? Miguel Gabela: Yes, I would. Miguel Gabela, 1701 Northwest South River Drive, Miami, Florida 33125. I'm actually seven houses to the west of the proposed site, and I don't particularly -- I'm not against it, but I do have a concern that I am also -- City of Miami Page 169 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 that I'll also be left out there as an island, and I'd like to include my property, because then I'm going to have a problem. I'm going to be left outside there as an island; and so, I share the same concern as the gentleman; I think we all do as neighbors. Vice Chair Russell: You're within the same tract as what you've -- directly --? Commissioner Gort: It's across the street. Mr. Gabela: Right on 17th Avenue, on the -- Commissioner Gort: Right. He's on the inside of the -- matter of fact, I think the whole area should be analyzed and studied, but I do want to start the procedure for this island, okay? Mr. Gabela: Yeah, but the problem that I have, Commissioner, is that, you know, let's say this passes tonight, and then the next six over don't. Then we got patched zoning, and then what are we? Are we a neighborhood with houses? Are we something that's converting over to apartment? How does that in -- affect my value? Again, like the gentleman, I have a considerable, you know, life (UNINTELLIGIBLE) in my home. Commissioner Carollo: How quick could the -- Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: -- staff bring back the request that Commissioner Gort made? Mr. Garcia: My response to that, Commissioner, is that we will certainly move forward diligently, as directed. We would be remiss not to certainly contact all the property owners affected -- Commissioner Carollo: You have to, you have to. Mr. Garcia: -- and get some consensus. If there should be consensus and this were to be supported, then we'll be moving forward very quickly, and we will be back before you in approximately less than four months. But I don't know what I will find. Vice Chair Russell: You either got to go to PZAB and -- you know. Mr. Gabela: Can I say --? Vice Chair Russell: Thank you, sir. Mr. Gabela: I'd just like to say that the reason I wasn't here before and I didn't get with them, because I didn't know what was going on, because even though I'm seven houses away from them, the radius -- when you guys set who you informed, we were not informed. If not, I would have -- Vice Chair Russell: Notification. Mr. Gabela: Exactly. So in all honest truth, I'm kind of on the fence on this one, to be honest with you, because I don't know which way it's going to affect me, positively or negatively. Commissioner Gort: Right. City of Miami Page 170 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Gabela: And I didn't have a chance to -- I would have loved to had a chance to sit down with them and learn a little bit more, but I didn't get a chance to do that, because I was informed by what -- looking at a sign on a post, because I'm outside the area; but yet, I'm within the area, because I'm like part of that little enclave there, and it's going to affect me, you know, greatly, as it is the gentleman, and that's really what we're -- Commissioner Carollo: Miguel, you're certainly going to have that opportunity, and this -- if this gets approved, it's only on first reading, so I will not vote for it favorly [sic] again until you all have the opportunity to meet with them, and staff can get back to us to see where we're at. Mr. Gabela: Very good, Commissioners. Then we have your word that --? Commissioner Reyes: Yes, sir. Vice Chair Russell: The process will be moving forward as quickly as possible. Thank you for your comments. Mr. Gabela: Thankyou very much. Vice Chair Russell: We do have a motion, and I believe -- Did we get a second? Commissioner Reyes: This is -- Commissioner Gort: People need to understand this is first reading, so you have an opportunity to get together with the neighbors and explain once again, and show them what the plan is, what you're going to do. And I'm pretty sure they've seen that or you made your presentation to them. I think it's very important. But right now, at this time, I instructed the Planning Department to look into it and come back with it to ensure that the commitment I made to you guys comes in. And I also think you should analyze that area of him, but his is priority. Mr. Garcia: And these are -- just to be clear -- the properties abutting Sewell Park; is that correct? These are the properties abutting Sewell Park; is that correct? Commissioner Gort: Yes, yes. Unidentified Speaker: (INAUDIBLE). Vice Chair Russell: You'd like an analysis across the street, as well, but starting with the waterfront and then looking beyond. Unidentified Speaker: (UNINTELLIGIBLE). Todd B. Hannon (City Clerk): Vice Chair, if we could just get everyone on the record -- on the mike; if we can just have them speaking into the mike. Vice Chair Russell: Of course. Commissioner Gort: Yeah, I know, I know. That's all right. Mr. Hannon: Again, we can't have -- City of Miami Page 171 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Please, please, please. Sirs, we need to speak into the mike. And Commissioners, if we could speak through the Chair, we can do it orderly, and the Clerk can keep track of everything going on. Mr. Garcia: And if I may, they are pointing exactly to the properties that I was referring to as abutting Sewell Park, so these properties back onto Sewell Park. Vice Chair Russell: So you'll include that in your analysis? Mr. Garcia: Absolutely. Vice Chair Russell: Thank you very much. Where are we, Mr. Clerk, on the motion? Mr. Hannon: We do have a motion and a second. The title's been read into the record You're -- if you want to call the question, or we can do a roll call. Vice Chair Russell: Of course. Any further comments? All in favor say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? The motion passes on first reading. Mr. Fernandez: Thank you. Victoria Mendez (City Attorney): That was PZ.23? Mr. Hannon: Yes, ma'am. Ms. Mendez: Okay. Commissioner Gort: Get together, Mr. Long (phonetic). PZ.24 ORDINANCE First Reading 3404 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Department of CHANGING THE ZONING CLASSIFICATION FROM "T3 -L," SUB - Planning URBAN -LIMITED, TO 74-R," GENERAL URBAN -RESTRICTED, FOR APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modifications RESULT: PASSED ON FIRST READING WITH MODIFICATIONS MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon City of Miami Page 172 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Note for the Record: For additional minutes referencing Item PZ.24, please see "Public Comment Period for Regular Item(s)," "Public Comment Period for Planning and Zoning Item(s)," and Item PZ.23. Victoria Mendez (City Attorney): Then PZ.24. Vice Chair Russell: Please read it into the record. I believe this is the companion, yes? Ms. Mendez: Yes. Vice Chair Russell: Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And I believe that there's a proffered -- Does this one have a proffered covenant? Francisco Garcia (Director, Planning): Yes. There has been a covenant proffered by the applicant, as amended. Vice Chair Russell: Thank you. I'll welcome a motion on PZ.24. Commissioner Gort: Move it. Vice Chair Russell: It's been moved. Commissioner Reyes: Second. Vice Chair Russell: Second. Any further discussion? All in favor, say "aye. If The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 173 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 PZ.25 ORDINANCE First Reading 3405 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, Planning PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTI -FAMILY RESIDENTIAL" OF 0.2583 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.25 was deferred to the February 8, 2018, Regular Commission Meeting. Note for the Record. For additional minutes referencing Item PZ.25, please see Item PZ. 26. Vice Chair Russell: PZ.25; is that where we are? Victoria Mendez (City Attorney): Yes. Vice Chair Russell: Thank you. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Manolo, I know this is in your district. Commissioner Reyes: Yes. Commissioner Carollo: This whole project -- would you mind if this could be deferred for the next meeting? Commissioner Reyes: I don't mind it at all. Commissioner Carollo: Okay. Or -- I don't think I'll have any problems with it, but I want to -- Commissioner Reyes: You prefer to? Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Fantastic. City of Miami Page 174 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Commissioner Carollo: And I need to check something else, because I don't even know if I might have a conflict with this that I need to talk to the City Attorney on. Commissioner Reyes: Okay. Commissioner Carollo: I have family that has property, maybe; I'm not sure. Vice Chair Russell: I'm sorry, I can't hear very well on the mike in front of you. Commissioner Gort: It's got an issue. Vice Chair Russell: And I apologize. Commissioner Reyes: Okay. No, I don't mind -- Commissioner Carollo: Okay. Commissioner Reyes: -- ifyou want to -- Commissioner Carollo: Just until the next meeting. Commissioner Reyes: --just until the next meeting -- Commissioner Carollo: If I could (UNINTELLIGIBLE). Commissioner Reyes: -- and I think that we have -- probably we can meet, and remember that we --okay. This --okay, just go right ahead and meet with -- Commissioner Carollo: Okay. There's a motion to defer till the next meeting. Vice Chair Russell: Motion to defer. Commissioner Reyes: Second. Vice Chair Russell: It's been seconded. Any discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Todd B. Hannon (City Clerk): And Vice Chair -- Vice Chair Russell: Yes, sir. Mr. Hannon: -- sorry. For the record, that'll be for PZ. 25 and 26. They're -- Vice Chair Russell: Correct. Mr. Hannon: -- companion items. Vice Chair Russell: Companion items 25 and 26, deferred until the next Commission meeting or the next Planning & Zoning? Javier Fernandez: If we could -- Mr. Chair, if I could just request we do the next meeting? I --just keep my clients on their current schedule. We'd appreciate that. Commissioner Reyes: The next meeting. City of Miami Page 175 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Fernandez: Thank you very much. Mr. Hannon: So that'll be February 8. Mr. Fernandez: Thank you. Vice Chair Russell: All in favor, say, "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. PZ.26 ORDINANCE First Reading 3406 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, Department of CHANGING THE ZONING CLASSIFICATION FROM 73-0," SUB- Planning URBAN TRANSECT ZONE -OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE -RESTRICTED, OF THE REAL PROPERTY LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.26 was deferred to the February 8, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ.26, please see Item PZ.25. City of Miami Page 176 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PZ.27 ORDINANCE First Reading 3407 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF 1.69 ±ACRES OF REAL PROPERTIES APPROXIMATELY AT 3043 NORTHWEST 3 AVENUE; 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET; AND THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.27 was continued to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.27, please see "Part B: PZ - Planning and Zoning Item(s)." City ofMian ni Page 177 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 PZ.28 ORDINANCE First Reading 3408 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING "73-0", Planning CLASSIFICATION FROM SUB -URBAN -OPEN, TO 74-L", AYES: GENERAL URBAN -LIMITED, FOR THE PROPERTIES LOCATED ABSENT: WITHIN BLOCK 17 OF THE WYNWOOD PARK PLAT AT Note for the Record. Item PZ.28 was continued to the February 22, 2018, Planning APPROXIMATELY 3043 NORTHWEST 3 AVENUE, 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET, AND FROM 74-L", GENERAL URBAN -LIMITED, TO 75-L", URBAN CENTER - LIMITED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record. Item PZ.28 was continued to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.28, please see "Part B: PZ - Planning and Zoning Item(s)." PZ.29 ORDINANCE First Reading 3422 AN ORDINANCE AMENDING ORDINANCE NO.13114, THE ZONING Office of Zoning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, ENTITLED "DEFINITIONS OF BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS'; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: PZ29; is that where we are? Todd B. Hannon (City Clerk): Yes, sir. The Ordinance was read by title into the public record by the City Attorney. Citv ofMian ni Page 178 Printed on 0310512018 City Commission Meeting Minutes January 25, 2018 Vice Chair Russell: Is there anyone here to speak on --? Francisco Garcia (Director, Planning): This is a City application, sir. Vice Chair Russell: This is from the Office of Zoning. Mr. Garcia: This is a City application, sir, yes. Vice Chair Russell: Yes. Please, would you like to present this item? Mr. Garcia: Yes, very briefly. It is also sponsored by Commissioner Gort, and this is one that you've heard us allude to previously, seeking to clarify the fact that auto - related uses throughout the City can -- they are, in fact, adaptive reuses -- continue to operate in a similar fashion; however, we will seek that through their applications, they come further into compliance with Miami 21, while retaining their present character. Vice Chair Russell: Thank you very much. Commissioner Gort, do you have any comments about this? Commissioner Gort: Move it. Vice Chair Russell: It's been moved. Commissioner Reyes: Second. Vice Chair Russell: And a second. Any comments from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. PZ.30 ORDINANCE Second Reading 1972 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, "DEFINITIONS AYES: ENTITLED OF TERMS," ARTICLE 4, TABLE 3, ABSENT: ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13743 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: PZ.30. City of Miami Page 179 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is there an amendment necessary to this based on the changes that were made this morning on the regular agenda? Devin Cejas: Devin Cejas, Zoning Administrator. With regards to today's agenda, there is no concerns here. Vice Chair Russell: There's a companion item, though, from this morning. Mr. Cejas: This is the companion item. Vice Chair Russell: And there was an amendment to that one that we changed some language. Mr. Cejas: Correct. Nothing -- Vice Chair Russell: Nothing in here? We're happy? Mr. Cejas: -- is related to this -- today's amendment. Vice Chair Russell: All right. Is there a motion on PZ.30? Commissioner Gort: Move it. Vice Chair Russell: It's been moved and seconded. Any comments from the dais; any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. And I believe that is the end of our PZ (Planning & Zoning) agenda. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 180 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 JiaJi/e\Yo7:7e1kiUZ419]JiIJill;..1[07►1;I:&3i111;1Ji69 CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ AkiIIV] WN 11W&TA1314111;1Ji6*1 City of Miami Page 181 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 34017619:71"sil COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 182 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 33,4911619 N 10 W VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 183 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 0211117619:7[00? COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 184 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of Miami Page 185 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 186 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 JW111jIILI]:141*169Iwevill1101►1 FL.1 ORDINANCE 3374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 23 OF THE CITY CODE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," TO ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY FROM SENDING SITES TO RECEIVING SITES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City ofMiarni Page 187 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 NA.NON-AGENDA ITEM(S) NAA DISCUSSION ITEM 3625 DISCUSSION BY COMMISSIONER REYES REGARDING THE Office of the City CURRENT PLAN FOR INFRASTRUCTURE BOND PROJECTS Cierk AND THE FEASIBILITY OF USING MATCHING FEDERAL FUNDS FOR SAID PROJECTS. RESULT: DISCUSSED Chair Hardemon: Gentlemen, there -- I have one pocket item, and I believe you also have a pocket item? No, D.1 has a pocket item. Commissioner Gort: I don't. Victoria Mendez (City Attorney): No. Commissioner Gort: Commissioner Reyes has a pocket item. Ms. Mendez: Right, Commissioner Reyes and -- Commissioner Reyes: Yes. Ms. Mendez: -- the Chairman. Chair Hardemon: Has my resolution been passed to all of the Commissioners? Can you please pass the resolution out to the Commissioners, my pocket item resolution? Has it been passed out? Are there additional copies? While we're making those copies, I'll allow, Commissioner Reyes, your pocket item. Commissioner Reyes: Yes. Thank you, Mr. Chairman. And we had received information, and it's been in the press, that is going to be -- there's a future plan for infrastructure coming from the White House; it's Trump Administration Infrastructure Program, and that has an amount of $1.7 trillion, and it has matching funds from 20 to 80 percent, but it calls for the whole State; that is that the whole State is going to receive certain amount of money so we can try to be ready and try to draw as much as we can from there. What I want to know is how it -- if we have any plans to try to take some --I mean, get some of that money. And also, I want to ask the Administration, what are we doing with the bonds and what is our bond plan? Are we going to --? When are we going to start selling bonds and obtaining those funds for street repairmen, affordable housing, etcetera, etcetera? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Yes, sir. Commissioner Reyes: Okay. Mr. Fernandez: Good morning, Commissioners. Fernando Casamayor, Assistant City Manager and CFO (Chief Financial Ojficer). As stated before, before we would sell any bonds in order to finance any projects, we need to have projects approved that are going to qual fy for these bonds. So that's step number one. Commissioner Reyes: Okay. City of Miami Page 188 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Fernandez: We are in the process of putting together the language that creates the Bond Oversight Board. You should be seeing that very soon. It'll be sponsored by the Mayor. And that would be step one. Once we have the board established, and we have some projects identified that can move forward that would qualify for the bonds, it is always my advice to not sell a bond until you absolutely have to, because you have reporting requirements -- Commissioner Reyes: Yes. Mr. Casamayor: -- and certain time that you have to spend it in. So we wouldn't sell a bond until we actually have a shovel in the ground; not ready, but actually in the ground. So, depending on how quickly we can establish the board, put the members in, get the projects identified, as soon as we can have shovels in ground, we will be selling those bonds. Commissioner Reyes: Okay. That -- do you expect to take a long time or --7 Mr. Casamayor: Define "long time, " sir. Commissioner Reyes: Two months, three months; a year, two years. Mr. Casamayor: I don't think you could go into a year or the two-year, but it could be a couple of months, depending on -- Commissioner Reyes: Couple of months. Mr. Casamayor: -- how quickly those appointments can be made to the Bond Oversight Board. Commissioner Reyes: Now, you said that when we identified projects. There's a lot of projects that -- know that every Commissioner here has projects that they have been identified, but they are not funded. Mr. Casamayor: Much like yourselves, they can probably give us some suggested projects. Our professional staff can also give some suggested projects. Commissioner Reyes: Okay. Mr. Casamayor: Sure. Commissioner Reyes: Thank you, sir. Chair Hardemon: The reason -- Commissioner Gort: My understanding is -- Mr. Chairman, my understanding is, if we have a -- my understanding, we have $100 million that's going to be dedicated to infrastructure, which means, if we have $100 million, we should get 20 -- at least 20 percent minimum from the Federal Government. That's what this resolution is. So my understanding, you're aware of that, and you're going to apply that. Mr. Casamayor: Yes, sir. And we always -- when we were putting this bond issuance together, we always had a hope that we could have matching funds -- or we could use this as matching funds for further grants, whether they be Federal or State or even another organization. So, yes. Commissioner Gort: The original funds. City of Miami Page 189 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Mr. Casamayor: We are always looking for partners to help us pay for things, sir. Commissioner Reyes: That's right. Commissioner Gort: Thank you. Chair Hardemon: Thank you very much. Commissioner Reyes: Thankyou, sir. Vice Chair Russell: Could somebody clarify the pocket resolution, please, so I get the wording exact? Chair Hardemon: Well, I don't think it was a resolution. Vice Chair Russell: Oh, I thought it was a pocket --it was a pocket discussion. Chair Hardemon: I think it's a pocket discussion. Ms. Mendez: It was a pocket -- Vice Chair Russell: Okay. I thought there was direction. Chair Hardemon: I have a pocket resolution. Ms. Mendez: --discussion. Vice Chair Russell: I thought there was direction; I apologize. NA.2 RESOLUTION 3599 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE LIBERTY CITY OPTIMIST CLUB OF FLORIDA, Commissioners and INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("OPTIMIST Mayor CLUB"), IN ITS CONTINUED USE OF HADLEY PARK AND IN ITS APPLICATION FOR ADDITIONAL FUNDING WITH THE CHILDREN'S TRUST. ENACTMENT NUMBER: R-18-0024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: I have a pocket resolution. So the resolution that you all have before you is a resolution of the Miami City Commission supporting the Liberty City Optimist Club of Florida, Inc., a Florida not-for-profit corporation, in its continuance of Hadley Park in its application for additional funding with the Children's Trust. Everyone knows that the Children's Trust -- I think they receive their applications every -- is it three or four years? It's two years? It's three years, right? Three-year terms. So three year funding cycle. So if you miss one cycle, then -- I'm getting all types of code language; I feel like I'm playing baseball. Who's on first? What's on second? You're recognized. City of Miami Page 190 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Kevin Kirwin: Good morning, Mr. Chair and Commissioners. Chair Hardemon: Yes. Mr. Kirwin: Kevin Kirwin, your City of Miami Park & Recreation director. Typically, the Trust for -- the Children's Trust puts out a notice for funding availability for a three-year period. However, what they do is, usually, toward the end of the third year, they do extensions. Chair Hardemon: Okay. Mr. Kirwin: So it's three years. Chair Hardemon: And what we've seen -- The City of Miami has lost funding through the Children's Trust at some points, and we've had a tremendous backlash from black and brown communities regarding the Children's Trust, because they were not receiving funding that major organizations were getting funding for. And so, I mean, that's -- as you can all imagine, if you've been in your community for 30 years, and you've been doing positive things; and then, all of a sudden, getting the funding taken from you, or not being able to receive the funding, while the University of Miami, Big Brothers Big Sisters, you know, other major organizations get the certain funding. And we know that our households are taxed in order to provide funding for the Children's Trust, so many people in the neighborhoods believe that that funding should be available for organizations that are in those neighborhoods, servicing kids that are from that neighborhood. So what this is, is that -- We all know Liberty City Optimist has been around since 1990 and has been utilizing Hadley Park for about 28 years. Most recently, they were able to attract Adidas to provide sponsorship; not only for the cheerleaders and the football players, et cetera, but for -- and that's for uniforms and for everything from helmets, cleats, shoulder pads, jerseys, et cetera -- but they were also able to secure hundreds of thousands of dollars' worth of funding for a new Design Center at Charles Hadley Park. The -- Mr. Kirwin: The Design Suite, so -- and all the -- Chair Hardemon: So -- and what -- Mr. Kirwin: -- training that comes along with that. Chair Hardemon: So what that means is that not only were they outfitted with equipment for --from computers to sewing equipment, high-tech video conferencing technology, but they were also -- Adidas also agreed to provide training to the children who were a part of this program. So what they would do is, they would have someone from Adidas Corporate provide actual live training to students, where they would learn about design, they would learn about how to create an actual wear, so T -Shirts and things of that nature, that they can actually sell. They've agreed to provide them products and all that training. And I think they will also take a few of those students and provide them internship opportunities with Adidas. So, I mean, it's a whole program that Liberty City Optimist was able to attract. And the reason that this is coming about is so that they can -- that this organization can go after the funding from Children's Trust in the spaces they've always been using and continue to use so that they can be successful in their application to get more funding to provide more services to those kids, and that's why I'm asking for you all to support - Vice Chair Russell: Mr. Chairman, I will move your pocket item. City of Miami Page 191 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 Commissioner Carollo: I second it. Chair Hardemon: Thank you very much. What this actually does is it signals -- because we couldn't get the resolution on that would give them the agreement at this meeting, but the application is due by the end of this month, and so this is the best signal that we can give the Children's Trust that this organization does have the ability to continue to use that facility. And so -- or would have the ability to continue to use that facility. And so, I thank you all for your consideration of this. It's been properly moved and seconded. Any further discussion on the item? Hearing none, all in favor, say "aye." Todd B. Hannon (City Clerk): Chair, did you want to open up for public hearing before you vote? Chair Hardemon: Anyone from the public want to make a comment about this resolution? Seeing none, I'll close the public hearing. I don't think -- and we're not necessarily required on resolutions, right? Resolutions, yeah? Same thing? Commissioner Gort: My understanding, this is a cut the Children's Trust has created for the park. But I have to tell you, in Little Havana that we had -- not in Little Havana -- my apologies, Commissioner Carollo. In Allapattah, they cut two of the non -for-profit, helping kids after school to make sure that they have the -- they be safe. Somebody -- they have people to help them with their homework. Those programs will be very good. They were cut completely. Chair Hardemon: That's what -- and we need to do the best that we can to encourage the Children's Trust to support these programs. It's important that they support these local programs, because -- I mean, if we talk about how mom-and-pop businesses make a community, they're the ones that actually do the hiring, they're the ones that -- you know, that provide jobs to people who are in the neighborhood, who know the people, who give people second chances in life, then these are the mop - and -pops of our communities. These are the programs that help reduce crime. You know, it's not just police. It's about poverty. It's about these not -for -profits that are in our communities every single day, getting to know these children and keeping them out of trouble. And so, we have to do what we can to support them. And if we - - if you all bring your resolutions encouraging the same, you know, I'll support you in that. So thank you very much. Seeing no further comment, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. If there's -- I don't think there's any other item on the morning agenda, so we can recess until 2 o'clock. Okay? So the meeting's in recess. Vice Chair Russell: Early lunch. That's a record. City of Miami Page 192 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 NA.3 ATTORNEY-CLIENT SESSION 3626 Office of the City UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Cierk STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 8, 2018, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN AT TORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF YVETTE STYLES, ET AL. VS. CITY OF MIAMI, ETAL., CASE NO. 17-22967 CA 09, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS BARNABY L. MIN AND JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Commissioner Gort: We had a shade on this alreadv. Vice Chair Russell: I don't believe we have. Commissioner Reyes: We passed it. Commissioner Gort: Yes, we did We passed that motion this morning. Victoria Mendez (City Attorney): On -- this is a new set -- a new class action. Vice Chair Russell: We have a new class action case against the City that's different that we haven't discussed. Commissioner Reyes: It's not the same? Citv ofMiarni Page 193 Printed on 03/05/2018 City Commission Meeting Minutes January 25, 2018 ADJOURNMENT Ms. Mendez: No. Vice Chair Russell: No. Ms. Mendez: But for February 8, I just need to read, if you let me, the -- Vice Chair Russell: That's fine. Ms. Mendez: Okay. Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8) Florida Statutes, I am requesting that at the City Commission meeting of February 8, an attorney-client session closed to the public be held for purposes of discussing the pending litigation in the matter of Yvette Styles, et al. versus City of Miami, Case Number 17-22967 CA 09, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. The private meeting will begin at approximately 2 p.m. or as soon thereafter as the Commissioners'schedules permit, and conclude at approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, and Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; City Manager Emilio Gonzalez; myself, the City Attorney, Victoria Mendez; Deputy City Attorney John Greco; Division Chief for General Litigation Chris Green, and Senior Assistant City Attorney Henry Hunnefeld. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you. Vice Chair Russell: Thank you. Have a good night, everyone, and we are adjourned. Oh, I'm sorry. The Chairman's here. You can do that. Chair Hardemon: Are we -- so we're not doing it? Vice Chair Russell: She said -- Chair Hardemon: No. Vice Chair Russell: -- "It's late. " It's only a quarter to 9; this is an early one. We're done early. Chair Hardemon: But she's tired. Okay, so the meeting is adjourned then? Ms. Mendez: Yes. Chair Hardemon: Meeting adjourned. The meeting adjourned at 8:48 p.m. City of Miami Page 194 Printed on 03/05/2018