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Home My WebLink AboutCC 2018-02-22 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, February 22, 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 February 22, 2018 4i%I11ALyi�Iki MOWN Ile] ► IFA ►IdUI;Isle]Me] yet44*1FAkiCN4 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes On the 22nd day of February, 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 Vice Chair Russell at 9:09 a.m., recessed at 12:02 p.m., reconvened at 3:08 p.m., and adjourned at 8:27p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:34 a.m., and Chair Hardemon entered the Commission chambers at 9:34 am. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning. Welcome to the February 22, 2018 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Wifredo "Willy" Gort, Joe Carollo, Manolo Reyes; Keon Hardemon, Chair; and me, Ken Russell, Vice Chair. Also on the dais are Emilio T. Gonzalez, City Manager and Victoria Mendez, the City Attorney, and Todd Hannon, City Clerk. The meeting will be opened with a prayer by James Jackson from my office, and the pledge of allegiance will be recited by Commissioner Reyes. Please rise. Invocation and pledge of allegiance delivered. Vice Chair Russell: Thank you, sir. PART A - NON -PLANNING AND ZONING ITEMS) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 3696 Honoree Presenter Protocol Item Ace Theater Comm. Russell Proclamation Vicky Rivers Comm. Russell Certificate of Appreciation Human Resources Employees (25) Human Resources Pins RESULT: PRESENTED 1) Mayor Suarez and Vice Chair Russell paused in their deliberations of governance to pay highest tribute to the Ace Theater, which has established itself as a historical site and staple in our community with a rich heritage that represents unity, diversity, and hope. The Ace Theater was built in 1930 and has served as the only entertainment facility to serve the black community in Coconut Grove during the Segregation Era, and became an epicenter of activity for moviegoers to come together and enjoy good company. The theatre often ran notable stage shows, along with feature films, bringing light, hope, and entertainment to countless members of our African - City of Miami Page I Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 American community. Elected Officials celebrated the contributions and cultural significance of the Ace Theater to the community, thereby proclaiming Thursday, February 22, 2018, as `Ace Theater Day" in the City ofMiami. 2) Mayor Suarez and Vice Chair Russell presented a Certificate of Appreciation to honor and express gratitude to Ms. Vicky Rivers from Elizabeth Virrick Park for her leadership in various roles throughout our community. Ms. Rivers serves as Virrick Park's Director and Community Leader, overseeing programs such as gymnastics and music, and ensuring the park remains an accessible source of education and activity for all. Ms. Rivers is also actively involved with other important initiatives, serving as Choir Director for the City of Miami Black History Choir, as Dance Mom for the "Essence of Dance" group, as Co -Commissioner of the Coconut Grove Hornets cheerleading team, and assisting in coaching track for the Coconut Grove Optimists. Elected Officials paused in their deliberations of governance to pay tribute to Vicky Rivers for her notable contributions to our community, and extended their sincere good wishes for her ongoing public service and positive influence on our residents. 3) Mayor Suarez and City Manager Gonzalez recognized various City of Miami employees for their 25 years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their dedication as City employees. Vice Chair Russell: We'll now make the presentations and proclamations. Presentations and proclamations made. Later... Mayor Francis Suarez: I think we have --we're going to conclude the protocol with some service pins to recognize some of our employees for their years of service. Presentation made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Dec 14, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Commissioners, indulge me for a moment. I'd like to take care of some business of things that we have on our agenda. What I'm going to ask for is to entertain a motion to approve a number of items, and I'm going to tell you what they AMI,are now. A1, AM.2, that's our morning minutes; CA.1, CA.2, that's CA (Consent Agenda) Agenda; PH.], Public Hearing Agenda. Commissioner Gort: I'm going to ask some questions on PH. 1. Chair Hardemon: And that's fine. We can ask questions during the discussion items. EE RE.2, R4, RE.5, RE. 7, R8. And that'll basically take us -- that'll -- City of Miami Page 2 Printed on 03130/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: Okay. Let's start from the top, Commissioner. I'm not as focused here or -- Chair Hardemon: You want to start from the top again? No problem. Commissioner Carollo: Yeah. Chair Hardemon: AM.1, AM.2, so that's the -- Commissioner Carollo: AM. 1. Chair Hardemon: AM. 2. Commissioner Carollo: AM.2. Chair Hardemon: CA.1, CA.2. Commissioner Carollo: CA.2. Chair Hardemon: PH.1. Commissioner Carollo: PH.]. Chair Hardemon: We skip over the ordinances, because they have to be read into the record. Commissioner Carollo: Okay. Give me -- Chair Hardemon: So then -- Commissioner Carollo: -- at least a minute to go through it. Chair Hardemon: And then -- I'm not finished, but -- Commissioner Carollo: Okay. Thank you. Chair Hardemon: -- RE.2, RE. 4. Commissioner Carollo: RE.2, RE.4. Chair Hardemon: RE.S. Commissioner Carollo: RES. Chair Hardemon: RE. 7, RE. 8. Commissioner Carollo: RE.8. Okay. Chair Hardemon: And you can take a look at it -- Commissioner Carollo: Yeah. Chair Hardemon: -- while we -- Commissioner Carollo: I need that, because it's a lot of stuff and we're jumping around too much, and I want to make sure I know what I'm voting on. City of Miami Page 3 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: So what -- Vice Chair Russell: Mr. Chair? Chair Hardemon: -- it'll be the motion and we can have a discussion -- Commissioner Carollo: Right. Chair Hardemon: -- so we can discuss any of the items that are there within it. Yes. Vice Chair Russell: Would that allow us to amend an individual item? RE. 7, I'd like to add an amendment to it. Chair Hardemon: And if there --for instance, right now, if you were -- if there are some amendments that you wanted to add, it'd be now that you want to add into the record so that the motion would include those amendments. Vice Chair Russell: Thank you very much. On RE.7 -- this is with regard to 100 Great Ideas -- I'd like to hand out for the Clerk and the Commissioners a list of the actual ideas, which weren't ready in time for print, of the affordable housing ideas. Wait, did I give you mine? Thank you. Commissioner Gort: So this is the first time we see this. Vice Chair Russell: Thank you. These are the ideas that they came up with, within the Hundred Great Ideas for Affordability. And what -- the resolution is directing the Manager to consider the entire list and move forward. I'm sorry if there's not enough copies. Please keep them going around. The Manager doesn't have one, either. But just, for an example -- and the Community Land Trust was one of those -- a landlord registry that's searchable; an inclusionary zoning policy; improving T4 and T5 transects for affordability; creating a revenue stream for the Affordable Housing Trust Fund; Strategic Housing Plan that guides spending decisions. These are all amazing ideas that this group came up with. There's citizen advocacy and civic tech. These are ideas that came from the community for us to consider. So my amendment is simply to add the actual list to the record, and ask the Manager to come back within 60 days with an analysis of these recommendations. Mayor Francis Suarez: Mr. Chair, if I may comment? Chair Hardemon: If you wish. Mayor Suarez: Thank you. Some of these have already been done. Vice Chair Russell: Yes. Mayor Suarez: And so, I think -- it's the first time I see it, as well, Commissioner. I think we should just incorporate it into what we've been doing, because we have a comprehensive -- I think. I don't want to create a bunch ofparallel processes. We've sort of created this -- Vice Chair Russell: Fine. Then -- Mayor Suarez: -- base process. Vice Chair Russell: -- come back in 60 days with a specific -- add them into the -- City of Miami Page 4 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mayor Suarez: Let's just incorporate it -- let's incorporate it into what we're doing -- Vice Chair Russell: -- affordable housing -- Mayor Suarez: -- because we're doing -- we're spending a lot of time and energy -- Vice Chair Russell: -- conversation. Mayor Suarez: -- exactly. We're spending a lot of time and energy creating a process, and I just want to make sure that -- we'll put this into -- plug this into the process. Vice Chair Russell: Yeah. Chair Hardemon: Right. So then there's no amendment to RE. 77 Vice Chair Russell: Other than adding it to the list. Chair Hardemon: Oh, just -- Vice Chair Russell: Adding it to the record -- Chair Hardemon: All right. Vice Chair Russell: -- the actual list to the record of what they came up with. I certainly want to give credit to 100 Great Ideas for the work they've done, and have it memorialized within the resolution. Chair Hardemon: Okay. Is there any other item that you want to discuss --? Commissioner Reyes: Excuse me. And among the ideas, I read this: "Impose temporary rent control measures. " Vice Chair Russell: We don't have to say that we agree with the ideas. This is simply asking the Manager to assess them. Commissioner Reyes: Okay, okay; to assess them, yes, because we have to take as an example, what happened in London, what happened in New York; rent control is totally, totally -- I mean, it goes against development, and it doesn't fulfill its purpose. Chair Hardemon: The -- Commissioner Gort, you -- there was an item that you wanted to discuss? Commissioner Gort: Yeah, Public Hearing 1, the -- PH. 1. Chair Hardemon: PH.1. Vice Chair Russell: CDBG (Community Development Block Grant) funds. Commissioner Gort: I get a lot of calls; and, thank God, our people are really looking at the agenda before we come up, and then they ask me the question, "How come there's $2 million being distributed to all the districts, except District I?" So I want to be able to put it on the record and explain why, the reason that District I is not allocated, because we already have allocated our funds. George Mensah (Director, Community Development): Yes. City of Miami Page 5 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Gort: On time. Mr. Mensah: Yes. George -- Commissioner Gort: I want to make sure you explain that -- Mr. Mensah: Yes. Commissioner Gort: -- so people that are listening to this can understand why we're not in this list. Mr. Mensah: Yes. George Mensah, Director of Community and Economic Development. I will say that these funds were supposed to have been distributed sometime in October, and District I was the only district that did allocate those funds. So we thank you for the timely allocation, Commissioner. Chair Hardemon: Are there any other -- is there any other item from the list that I explained that anyone wants to discuss? Commissioner Carollo: Mr. Chairman, I'd like to pull from there PH -- Chair Hardemon: Now, and I want to say the pull is -- Commissioner Carollo: Oh, I'm sorry. Chair Hardemon: -- for pulling -- if you want to discuss it, we can include it. If you - - pulling it, to me, symbolizes that you could possibly vote against this, or you want on the record that you're voting against the item. Commissioner Carollo: No, I'm not voting against it -- Chair Hardemon: Okay. So -- Commissioner Carollo: -- but I wanted to discuss -- Chair Hardemon: -- okay. So you can discuss it, your viewpoint. Commissioner Carollo: -- pulling it to discuss. Chair Hardemon: Correct. Which item? Chair Hardemon: CA.1, PH. I. Chair Hardemon: And you have the floor. Commissioner Carollo: Okay. Can we go to CA. 1 ? I'd like to get some information on this. I know that there's no money coming out from the City's pocket, but even though the State is putting this money in, it's still our money, whichever way you look at it. I'd like to get a brief idea of what the study is for, what is -- it intends to accomplish. Hector Badia Moro: Hector Badia, Capital Improvements, Assistant Director. They are targeting -- the concept here is to activate the central islands, the parking islands into a more pedestrian friendly space. In order to accomplish that, there may be a reduction of the lanes on Biscayne Boulevard in order to mitigate the losses of parking in those central islands. So what this study is looking at is what impacts that City of Miami Page 6 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 would have and what conclusions and recommendations are drawn from that report that we can implement, and not have a negative impact. Commissioner Carollo: Okay. Very good. Thank you. You could put that back in, and if we could go to PH. 1. And the amount of block grants that is being allocated is 2 million, almost 120, 000. How did we come about in deciding how those block grants were going to be allocated? Was there a vote before this? Was there any talk to individual members of the Commission or any discussion up here? I don't know if this happened before I got here or not. Mr. Mensah: George Mensah, Director of Community Development. Commissioner, typically -- and I've been trying to reach out to you so that we can discuss this with you. Typically, what happens on our CDBG funding, we break it out into different districts -- Commissioner Carollo: Yes. Mr. Mensah: -- we do an RFP (Request for Proposals), have projects that are selected, and based on the priority of the district, we make allocations based on this. If you can see, because of the fact that we didn't have the allocate -- the recommendations from the district offices, in the beginning of the year, what we have to do is we have to put all the funds in capital improvements, streets and park improvements. So what I've been doing is reaching out to every Commissioner to talk to them and see which priority, which projects they want to fund, and these are the projects that were funded from District 5, District 2, and District 4. So typically, I'll meet with the Commissioners. We discuss the projects that are available, and then they make the discussions. So those are -- that's how those projects were chosen. Commissioner Carollo: So there's two districts, including mine, that are not included here. Mr. Mensah: Not --yes, correct. Commissioner Carollo: Okay. So we could bring that back. Mr. Mensah: Yes. We will come back; and again, hopefully, I'll be able to meet with you next week so that we can bring it next week. Commissioner Carollo: Next week would be fine. So there's no need to hold this up, because you've discussed with other Commissioners. Mr. Mensah: I appreciate it, Commissioner. Commissioner Carollo: Okay. Very good. We're -- you could put that back on then, and I'll make the motion, if it's appropriate now, if there's no further discussion, for all these items. Vice Chair Russell: I'll second it for discussion. Chair Hardemon: It's been properly moved and seconded. Seeing no further discussion, all in favor of the motion -- Vice Chair Russell: Discussion, sir. Chair Hardemon: You said you have some discussion? City of Miami Page 7 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: Yes. And I do apologize, as the sponsor of RE. 7, with your indulgence. Radical Partners, who compiled the report, did not realize that the public hearing portion was the actual time for them to speak on the item, and they just wanted two minutes to present exactly why they did this, and what it is for the Commissioners to consider. Chair Hardemon: They don't want to just say, "thank you, " because it's about to pass? Vice Chair Russell: It is, but -- Mayor Suarez: Thankyou. Commissioner Gort: They came up with some pretty good ideas. Sarah Emmons: Thank you. Mayor Suarez: They don't get paid to just say "thank you. " Ms. Emmons: Yeah. No, I'm happy to say thank you, as well. I also just wanted to pass out the full version of the report to you all just so that you could take a look through. The report itself has many incredible ideas that came from our community, and the appendix itself has over 250 ideas that came from the community. I recognize that many of these are already in action at the City. I think that that's incredible. And thank the Planning Department for considering many of these in the future. So thank you all for listening to the voice of your constituents. Thank you. Commissioner Reyes: A point of clarification, and on the RE. 7. It is just to include them, Commissioner. That doesn't mean that we are going to implement it. Chair Hardemon: That's correct. Commissioner Reyes: Okay. Chair Hardemon: That's correct. Commissioner Reyes: Fantastic; will be discussed later. Chair Hardemon: Thank you very much, ma'am. Ms. Mendez: And this is further going to be discussed on March I at the Affordable Housing Workshop. Chair Hardemon: All right. Ms. Mendez: Thank you. Chair Hardemon: Thank you very much. Ms. Emmons: All right. Thank you. Chair Hardemon: Seeing no further discussion from the board members, all in favor of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 8 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Against? Motion passes. So that's AMI, AM.2, CA.], CA.2, PH 1, RE. 2, RE. 4, RE. S, RE. 7, RE. 8. AM.2 City Commission - Planning and Zoning - Dec 14, 2017 2:00 PM ORDER OF THE DAY Note for the Record. For minutes referencing Item AM.2, please see Item AM.]. Vice Chair Russell: We'll 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 [sic]. The material for each item on the agenda is available -- I apologize. 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 on wwwmunicode.com [sic]. Any person making a presentation, formal request, or a petition to the City Commission concerning real property must make the appropriate disclosures required by the City 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 today is available during business hours and 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 notes 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 City of Miami Page 9 Printed on 03/30/2018 MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item AM.2, please see Item AM.]. Vice Chair Russell: We'll 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 [sic]. The material for each item on the agenda is available -- I apologize. 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 on wwwmunicode.com [sic]. Any person making a presentation, formal request, or a petition to the City Commission concerning real property must make the appropriate disclosures required by the City 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 today is available during business hours and 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 notes 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 City of Miami Page 9 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 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 which items, if any, are being withdrawn, deferred, or substituted. Thank you. Vice Chair Russell: Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: FR.], indefinitely deferred; RE. 3, deferred to March 22; RE.6, withdrawn; RE.9, withdrawn; and DL1, time certain, 3 p.m. this afternoon. Thankyou. Chair Hardemon: Can you repeat those, please? Mr. Gonzalez: Yes, sir, Mr. Chairman. FR.1, indefinitely deferred; RE.3, deferred to March 22; RE.6, withdrawn; RE.9, withdrawn; and DLI, time certain, 3 p.m. Thank you. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: As a point of privilege, the Mayor offered a moment of silence earlier. I wanted to expound on that with a brief discussion that maybe a couple of pocket resos, though, that may have to do with the Parkland shooting, an issue in Broward County. Chair Hardemon: Okay. I'll give you an opportunity for that, but before we do that, are there any other items that need to be continued or deferred? Vice Chair Russell: SR.1, 30 days; that's the booting ordinance. Chair Hardemon: Any other item? Vice Chair Russell: As a courtesy mention from the PZ (Planning & Zoning) Agenda, 9 and 10; same thing. Todd B. Hannon (City Clerk): Chair, then for the record, SR.1 will be continued to the March 22 meeting? Vice Chair Russell: Yes, please. Mr. Hannon: Thank you. Commissioner Carollo: Ken, if we could wait for a second so I could see who (UNINTELLIGIBLE). Vice Chair Russell: We won't be voting on the actual deferral until 2, but that has to do with developments on Bird Road that we were looking for some options with regard to affordability, and the Planning & Zoning Department is working on that still. Chair Hardemon: All right. Is there a motion in accordance? Commissioner Gort: Move it. City of Miami Page 10 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion on the item? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. You're recognized— well, you're recognized, Mr. Vice Chairman. Mayor Francis Suarez: No, I -- thank you, Mr. Chair. I think there's a companion, just to clarify a little bit. On FR. I's deferral, there's a PZ companion; since we're notifying members of the public on PZ deferrals, which I think is PZ. 14, if I'm not mistaken. Can you confirm that? I think that would be deferred. Ms. Mendez: Yep; you're correct. PZ. 14 is the underlying corridor enhancements. Mayor Suarez: I'll respect the Vice Chair's request and then we can go from there. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: So I'd like to open up the floor for public comment. If you're here from the public and you want to speak on any item that's on the morning agenda, as well as these -- the pocket items that have been introduced, you're free to do so. You have two minutes to address this body. Please state your first name, your last name, and you may state your address, but please state the item that you're going to speak about. You're recognized, sir. Gary Reshefsky: Good morning, Commissioner. My name is Gary Reshefsky, 7401 Southwest 66th Street. I'm here today as president of the Miami Children's Museum. We have an item on your agenda this morning, but that's not why I'm standing up here. I would have been here anyway this morning because of the issue that we've all just been discussing this morning, and on behalf of the 400, 000 students and families that come through our museum every year, we implore you to take a leadership role today on this issue. And we support all of the items that you addressed today. I want to just make one comment that wasn't addressed in the resolutions, Commissioner. I think you were talking today about the public schools. I also want to remind you and the Police Chief that there are early childhood centers, institutes throughout the City -- Commissioner Reyes: That's right. Mr. Reshefsky: -- that are not protected by the Superintendent. There are charter schools, as well, that are not protected by the Superintendent. So I would encourage you to consider that in the resolution to the Police Chief as -- Commissioner Reyes: May I answer? Charter schools are considered public schools. Mr. Reshefsky: Correct, sir; yes. Commissioner Reyes: Okay? Other private schools, they are private, you see, and we should demand that they provide protection. Mr. Reshefsky: Thank you very much that you recognize that with the Police Chief on that issue, as well. It's very important to us, and I just want to echo the comments City of Miami Page 11 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 that Commissioner Russell made. This is an opportunity that we have; that we have a group of people across this country that are speaking on our behalf that have voices that are being heard, and they are saying, "Never again, " and we appreciate what you're doing here today. And if there's anything that we can do in the community, we would like to do it to help. And Mr. Mayor, we also implore you to be a leader in this country on this issue, as well. And thank you very much for your time today. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Maggie Fernandez: Hi. Good morning. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. I just want to thank -- I'm here to speak on Item 4 -- excuse me -- FR.2, the ordinance on the bond program. First, I want to thank Commissioner Ken Russell for your leadership on the passage of the bond program. So I'm a volunteer founding member of the Miami Climate Alliance. I'm also a 15 - year resident of District 4 in the City of Miami, and I'm also a business owner for the last five years. Prior to that, I had an extremely fulfilling career in County Government, working at the highest levels. And I am proud that I was part of the passage of the Building Better Communities Bond Program in Miami -Dade County in 2004. So when the bond program issue came up in the City, I was very excited, because I recognized the value of having a bond program to the residents and the businesses of the City of Miami. The Miami Climate Alliance, we fought hard to get the bond passed, even when, you know, some in this room didn't even support it or just didn't speak on it. So I asked my friends and my colleagues to support it, even though they didn't want to. And I asked them to trust me, and that I was going to help make sure that this bond was implemented in the way that would hold the electeds accountable -- am I done? No. So anyway, so through the Miami Climate Alliance, we created the Miami -- the Resilient Miami Bond Working Group. And we've been meeting since December 8. It's been -- it started with a group of 12 people to a group of 75 people, all Miami residents, all on a volunteer basis. We meet on a call once a week, and we have sent you all some of our recommendations for what we would like the Bond Program Oversight Board to be. So I hope that you listen to our concerns. We have a few speakers today, and we want to work collaboratively with you all, with the City Administrators, to make sure that we earn the trust of our residents in the City of Miami. Government has a bad history of not paying sufficient attention to our vulnerable populations. So we think that this is a great opportunity for the City to do right by all residents of the City of Miami. Chair Hardemon: Thankyou very much, ma'am. Ms. Fernandez: Thank you. Chair Hardemon: Sir, you're recognized. Eleazar Melendez: Good morning, Mr. Chairman. My name is Eleazar Melandez; address at 555 Northeast 15th Street, in the City of Miami; good to be back. Most of you know me from my work in this building, but what you don't know is that I was also, prior to my government service, a founding member of the Miami Climate Alliance, which has brought this group of people today to speak on why we think this item is so important, and why we think it's necessary to do it the right way. There's a few people that will address the Oversight Board and its creation, and what we feel is necessary in order to make sure that it truly, as Maggie mentioned, creates trust with the community and creates a real community mechanism, where people are engaged in the projects and they feel proud that that's benefiting their community; whether it's for parks or affordable housing or sea level rise, and resiliency issues. Specifically, I want to talk about the conflict of interest provisions that are in the legislation. It's something that we had discussed prior with the Mayor, with Mayor City of Miami Page 12 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Suarez, in a meeting in December, and I thank him -- I know he's listening -- for having that meeting, for really having that outreach, as well as various Commissioners that have been talking to us about this. I think it's important to strengthen that a little bit. Right now, we have a conflict of interest provision, but it's kind of wide; it just says, "no conflict of interest, " right there. If there is a way that it can be included, you know, I defer to your knowledge and expertise on this issue, but I'm going to make some recommendations on that. It's a three-step plan. Number one, no lobbyists. This Commission took a very strong step last -- earlier this year in terms of lobbyist reform, and that's quite important that boards like this that are important and have issues don't have lobbyists. Number two, really define what it means to have a financial stake. Elsewhere in the County, for example, they say 10 percent of interest in vendors or interest in a contract is there; something like that. And number three, make it so that if a situation changes for a member -- say they come into the board and they didn't have a conflict of interest, but they suddenly have one -- that automatically leads to resignation from the board. Thank you for your time. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Alana Greer: Thank you. Alana Greer, with the Community Justice Project, 3000 Biscayne Boulevard. I just wanted to thank you all for your leadership again on this affordable housing conversation; both in relation to the item on the bond and to the 100 Great Ideas Report. We were able to help --participate in that with some of our community partners. And I do want to stress one point, really; it's about the definition of "affordable housing" here in the City. The current definition that was changed about a year ago -- I hope inadvertently -- cut out people 30 percent AMI (average mean income) and below; poor folks in Miami, those with the greatest cost burden. I know so many of you all have been advocates for exactly that community for making sure that conditions are dignified for -- that folks have access to quality housing for their families when they're working here in the City. And it's a simple fix. It's a few words that makes the difference between a meaningful investment and something that's not going to impact the heart and soul of this community. So I really hope that gets taken up so this money can go to exactly what I know you all have been prioritizing, so thank you for that. And I also -- I didn't intend to speak on this today, but just hearing the conversation around school police, I spent several years nationally working with SROs (School Resource Officers), with students and teachers, and there's so much evidence -backed information out there and studies on what has happened when -- with the roll-out of school police, and particularly armed guards, and I would really just love to have -- the students here in Miami have dealt with it -- and have a conversation to fully understand impacts of that and make those con -- those decisions on what we all want to see, which is school safety based on that information. We'd be happy to share that with your offices. Thank you. Chair Hardemon: Thank you. Sir. Adrian Madriz: My name is Adrian Madriz; address, 428 Southwest 9th Street, and I'm here representing Miami Climate Alliance regarding Item R -- FR.2. And I just want to re-emphasize what's already been stated before about what the composition of the Oversight Board should consist of. In addition to the already -stated qualifications, there should also be a greater emphasis that it should be diverse in race, gender, economic status and education; that it should be restricted to City of Miami residents only -- residents and business owners only -- and it include City of Miami residents that will elevate the voices of vulnerable populations. Regarding RE. 7, 100 Great Ideas, I just want to re-emphasize that, as the project lead for an organization called SMASH (Struggle for Miami's Affordable and Sustainable Housing), we really would like to see more community land trusts pop up in Miami - Dade County and that we should emphasize construction technology to lower the City of Miami Page 13 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 cost of construction so we can truly build affordable housing for the 30 percent AMI population; especially those who are affected by slumlords, like in Liberty City, where people are still living with rats, roaches, mildew, and all kinds of terrible conditions that should not exist in our City at all. And regarding the pocket items, I do have to state one thing that I don't want this board to overlook, and that is that Nikolas Cruz was a white nationalist, and he reacted out of anger. This body has done a lot today, talking about how they're going to use force to counter force, but they've said absolutely nothing about the greater problem, which is toxic masculinity in our men. And the exclusively male leadership of this city should take it upon themselves as they're -- if they're going to be investing time and resources into arming more people to make our schools a prison, to absolutely take the time to show a better example of what it means to have emotional responses to anger as men, because that's an example that I never hear about in our public schools, and I never hear about from our leadership in public spaces. And so, even if it requires you all to go on a school -to -school tour so that people understand what male leadership can truly consist of when angry things happen to them, I think that that would go a very long way to reducing the amount of people who react so viciously and violently towards our students in our schools, so please. Thank you. Chair Hardemon: Thank you. Sir. Gustavo Perez: Good morning. My name is Gustavo Perez. I live at 4725 Northwest 7th Street, Apartment 202, Miami, Florida, in District 1. I'm here to speak on FR.2, the Miami Forever Bond Oversight Board. First of all, I want to thank Commissioner Gort and Mayor Suarez for the work at Antonio Maceo Park; we are grateful for that. I am here to petition for the Miami Forever Oversight Board. It is paramount that the board is made up of residents. We know the district well. We know the back roads, the potholes, how to get by during rush-hour traffic. Therefore, we know firsthand the needs and priorities of each district. For example, I can point out to specific streets and intersections in District I where, due to poor drainage, the streets flood after two to three inches of rain. The bond provides a unique opportunity to tackle these challenges head on, so a civilian oversight would allow the Commission to make the best decision possible for the constituents. As every district is unique, the board shall be composed of residents that represent each district. I have already started communicating with Commissioner Gort's office for placement on the board, should it be approved, and hope that the Commission takes into account my recommendations today. Thank you for your time. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Sabrina Velarde: Good morning, Commissioners. My name is Sabrina Velarde. I'm here on behalf of Miami Homes for All. Our address is 140 West Flagler, Suite 105; Miami, Florida 33130. We are here in support of RE. 7 and the Hundred Great Ideas Campaign, which we were also a participant of, along with several other community partners. I'd like to talk about the cost -burden members of our society, right? So 70 percent of the cost -burden households in the City of Miami are extremely low and very low-income households. ELI (extremely low income) and VLI (very low income) households are our workforce. They are our maintenance workers, they are our domestic workers, and they are our hospitality workers. They are also our elderly. Cost -burden households spend close to half -- sometimes more than half -- of their income on housing cost. This, in addition to the portion of income spent on transportation, means that renters and homeowners alike are unable to pay for basic necessities, like healthcare, childcare, food, and education. To that end, the City of Miami needs a comprehensive data -driven and need -based plan for the creation and preservation of affordable housing. Housing funds are best utilized if a housing plan is citywide. A citywide plan is the only way to effectively address the needs of our homeowners, our renters, and those experiencing homelessness. Any allocation of City of Miami Page 14 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 housing funds must be vetted by community development professionals, and the process must get the funds disbursed in a timely and efficient manner. Thank you. Chair Hardemon: And to my friend that I was just having a conversation about yesterday, welcome, Commissioner Dunn. Richard Dunn, II.• Thank you, Mr. Chairman. And to all of the Commissioners, thank you so very much for your courage and your desire to discuss this so very important issue. I actually came down on another issue. I'm here representing -- My name is Richard Dunn, 1895 Northwest 57th Street, in the City of Miami. I'm actually here representing Community Youth against Violence, where I serve on the board with Pastor Lorenzo Johnson. I was actually drafted out of public retirement to get involved with -- we started out with a teen curfew, of course. It's kind of -- that takes a back seat right now, because of what has happened in our community, nationally and regionally, in Parkland. I was very pleased to hear that there's something on the books as regards to assault weapons. That was my first time knowing that, and I believe that this would be a great opportunity for the City of Miami for this august body to consider taking the lead and making it known, and let folks know, you know, we're not going to skirt the issue, because what's happening is, what we're dealing with, we're not dealing with the cause; we're dealing with -- We're not dealing with the root; we're dealing with the symptom. We're not dealing with the cause; we're dealing with the symptoms. And this -- if young people -- especially in District 5 -- are unable to get their hands on assault weapons -- and that is pretty much the weapons of choice in most of the murders -- that certainly, in this gun violence, that certainly would be a great start. And I'm also here to ask for you all to consider some discussion about some type of enforcement for the teen curfew, something that we did back in 2010. This is not a cure-all, this is not a end- all, it's not an answer -all to the problem. But certainly, whatever we do to make -- to alleviate the problem of gun violence would be a plus. So I want to commend you all, and I hope that you would take the lead on this. Thank you so much. Chair Hardemon: Thank you very much, Commissioner. Mr. Johnson. Lorenzo Johnson: We just --you know, I'm here and we just want to let you know that we're here and -- we're here and we're not going anywhere. We're going to be right here and we on a mission, and teen curfew just a piece of the puzzle of what we're trying to do. So we need to try to put that in place to also develop some type of accountability with the parents, so that's important. And we also -- one of my board members is Mr. Figuerrero. He's very supportive of us. So we need the help. We need your thumbs up on what we're trying to do. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Camilo Mejia: Good morning, Commissioners. My name is Camilo Mejia. I live at 3623 Charles Avenue, right here in Coconut Grove, and I am here to speak on behalf of the Miami Climate Alliance, but also as a resident. And I'd like to echo some of the concerns that my colleagues have expressed this morning; in particular, from personal experience, knowing that when you populate a citizens board with people with advanced degrees and a high level of professional expertise, these people tend to show up in the space with a lot of power, and that tends to -- drowns the voices of a lot of the other people who are there. We can work with architects, planners, experts in affordable housing on a case-by-case basis in terms of the projects, but the voices of community members really have to be elevated on this board, because these are the people who are experts in living in food deserts; places that don't have very efficient transit systems; people who don't have the ability to bounce back from a storm, for instance, and these are all of the kinds of expertise that are missing from the conversation and from a lot of these boards that tend to be populated by people City of Miami Page 15 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 who may not have the same interest in the community. And I'll give you one example. My landlords have been from Germany, from Russia. You can be a landlord, you can own property in the City of Miami and live in Broward or in a whole different country, and that qualifies you as a business owner, and somebody who owns property in the City of Miami, but does not have the same vested interest as residents of that community. So I urge you -- we were probably not going to agree 100 percent on the language of the ordinance, but I urge you to be really vigilant and to ensure that this community board for the Miami Forever Board really does elevate the voices of the people who are most vulnerable and who stand to benefit the most from this bond, so I urge you to keep your eye on that. And I thank you for all your efforts. Chair Hardemon: Thank you, sir. Sir, you're recognized. Phalange Brutus: Yes. Good morning, Commissioner -- Chairman -- and good morning to all the Commissioners. My name is Phalange Brutus. I work with Catalyst Miami. I'm also part of the MCA (Miami Climate Alliance) Board --excuse me -- the Miami Climate Alliance -- and I wanted to also talk about the FR.2 and some of the things that we came together and as a group spoke about. The first thing is diversity; having a diverse board of education, income, and everything of the sort, to make sure that the board is a City of Miami -- it's made up of City of Miami residents; and also, someone to represent the vulnerable community so we can at least have a -- the community can have a voice, part of the board. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. William Quinlan: Thank you. My name is William Quinlan. I'm staying at 7223 Northeast 4th Court, Miami, Florida 33138. And I'm here to also speak on the composition and the appointment process for the Oversight Board. I want to echo the comments of previous speakers; in particular, this language in draft version, the ordinance that I've seen that says, "All appointed members shall be qualified and distinguished by the education, experience, or attainments in public or private finance, professional engineering, project management, affordable housing, or resilience sustainability. " I would hope that that language is altered or removed. I'm speaking today -- I'm a student at the University of Miami School of Law, but I'm speaking today in my capacity as someone who's 23 years old, and doesn't have very much in the way ofprofessional expertise or much in educational attainment. I -- the events of this past week have really, I think, raised the important point that sometimes the moral voice, the moral vision of our country and leadership on really important issues can be raised by teenagers, by young people. I think of this over -- this bond program as sort of a mortgage in the future of this city, a civic mortgage. And I think that if we put forward these requirements for who has a stake in paying off that mortgage that we're going to be restricting those who have the most at stake in long-term development of it. I hope that there's equitable, that there's diverse, that there's representative appointments to this board; and that, in particular, that the voices of the young people, the voices of the youth, who might not have the resumes or the educations, but definitely do -- would have the judgment and the vision to do the job well. I hope that they get included, as well. Thank you very much. Chair Hardemon: Thank you, sir. Ma'am. Deborah Spiegelman: Good morning. I'm Deborah Spiegelman, CEO (Chief Executive Officer) of the Miami Children's Museum; 980 McArthur Causeway. I'm here to urge you to support RE.1, permitting the City Manager to look further into the Miami Children's Museum expansion with the property in front of our building. So I thank you in advance for that opportunity. Also, I really would be remiss if I City of Miami Page 16 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 didn't speak about the events of the past week. And being a public facility on Watson Island, I have to commend all of you for taking such a leadership role in discussing the issue of the need for additional police. Our police force is wonderful. I just mentioned to the Police Chief how pleased I was with the immediate responsiveness. On Wednesday evening, we reached out to him. On Thursday morning, we had additional officers onsite, and we've taken several measures to protect the 430,000 children and families that come to the museum each day. We are also taking several measures privately, because we have been told, unfortunately, that Miami -Dade County Public Schools will not support additional security efforts at our charter school. We do have security at the museum each day, and part of our plan is not to reveal our entire plan, but we are being quite vigilant. And I thank you for taking such a leadership role, and hope in the future we can count on the City to provide additional security for us. So thank you all. Chair Hardemon: Thank you. Ma'am, you're recognized. Kailani Acosta: Good morning. My name is Kailani Acosta; 234 Northeast 3rd Street, Miami, Florida 33132. I'm also here on behalf of the Miami Climate Alliance, and I'm here to speak on Item FR.2, the creation of the Miami Forever Bond Program's Citizens Oversight Board. I'm asking you to ensure that the City of Miami Forever Bond Oversight Board is diverse, effective, and representative of the City of Miami. This would include gender and race -- diversity in race, gender, economic status, and education, as well as restrictive to the City of Miami only. Miami's one of the most diverse cities in the world in terms of education, race, and economic opportunity. This Oversight Board has the capacity to elevate the voices of the many vulnerable people of Miami, so we hope that you take that into account. Thank you. Chair Hardemon: Thank you. Sir. Albert Gomez: Hi. Good morning. Albert Gomez; 3566 Vista Court. Just in full disclosure, I'm a Sea Level Rise Board member -- Committee member. Today I'm speaking as a civilian regarding the General Obligation Bond. I feel City of Miami is currently engaging equity as a part of block grant development; it's not currently formalized that yet. I feel that it's important that with community planning, land reassessments, moving things around, and changing City landscapes to benefit resiliency that equity has to take a front seat, because it's going to be the biggest issue downstream. And the most vulnerable populations, which are the poor and disadvantaged will be the ones most affected, and the ones that any movement will be catastrophic and very difficult for them to deal with; there will be cascading effects. So I think that the only way you can address that is if you give that Community Oversight Board the teeth. We're going to have experts, we're going to have funded research, we're going to have --from all the experts. This is going to be their voice. You should give them an equitable position in it and not just make it up of experts. And then finally, just one final comment on the reality of the gun violence. I am a military contractor. I advise the military. I work with them, and I personally take it upon myself to get away from any armament -based commercial business, personally. And I think -- I also lead a gun march, an awareness gun march in Chicago every year with my wife, and we're bringing it to Miami. I'd love to partner with the City of Miami on it. But I just want to let you know that you lead with love, you change with love, you don't change with force. That is the -- you can't stop love. So I feel that if we address this a little differently and really look at our community as an opportunity to show care, love and appreciation, we might build community and that community might speak more to our Commissioners, and we might be able to have more recourse, as opposed to just driving force as a result and reacting, so just a thought. Thankyou. City of Miami Page 17 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Mayra Cruz: Hi. My name is Mayra Cruz. I'm at 51 Southwest 11 th Street, and I'm here to talk on behalf of Miami Climate Alliance -- thank you; I'm short -- on FR. 2, creation of the Miami Forever Bond Board. I really just want to emphasize a lot of the points that have been made about the creation of the board and the requirements. So I just moved here five weeks ago from New York City, where I got a master's in public health and environmental health and climate change, so I'm very educated, I know the facts, but I definitely cannot speak on all the issues that are -- that a lot of Miami residents are facing, because I didn't live here, I didn't grow up here. I haven't been here long enough to build those relationships and to really know what's going on in the communities. So that's why I think it's very important for you to be inclusive of those who have -- who may not have graduate degrees, like myself, but have given their life's work to improving the lives of so many that are vulnerable here, and who can actually speak on those issues and be well versed, and know what's going on in their backyards. So thank you. Trenise Bryant: Good morning. My name is Trenise Bryant; 745 Northwest 54th Street, Miami, Florida. I'm here to speak on behalf of the Miami Forever Bond. So I read the ordinance on the Oversight Board, and I noticed like there was a few things that was missing off of it, as though my other colleagues had spoke. So diversity and race and gender was kind of missing, and economic status was missing off of it, and also education. Restrict it of the City of Miami only, and also include City of Miami residents that would elevate the voices of vulnerable population. But one thing I ask that this board do: Be transparent about who sits on the board, making sure that people of color, that community folks are sitting here, because we know so much in the past that things have happened in our community and the community don't know and has not had a voice and a say in what happens in their community. So I just ask that this board make sure that community is present. Another thing I would like to speak on is the FR.7 [sic]. Community Land Trust should be one of the main ideas implemented in the Miami to address the need for affordable housing. Always talk about -- I see Keon Hardemon always talking about how we need sometimes in the community, in the past, talk about affordable housing; what that looks like for the people of Liberty City in the City of Miami. Among those slum -affected residents, we also need to see explorative and new technology to bring down the cost of the construction that goes around in the City of Miami, also, so that we can create the necessary amount of units for extremely low-income residents at 30 percent AML We always -- I see a lot of affordable apartments that's going up, but we never talk about the low and extremely low community folks, and I think this time we should implement something for those people so that they can enjoy new -- living in a new community, and they can invest in what's rightfully theirs so that the crime rate that they have now in the community could look different, because if you start investing in those folks right there, it'll look a whole lot different. Thank you. Chair Hardemon: Thank you. You're recognized, sir. Julian Eduardo Santos: Good morning. My name is Julian Eduardo Santos. I live at 527 Southwest 5th Street, Apartment 6. Commissioner Gort: Bring your mike up. Mr. Santos: Can you hear me now? Commissioner Gort: Yes. Mr. Santos: Good. I'm also here to speak on FR.2, which relates to the Citizens Oversight Board. The first thing I want to say is that I'm immensely proud of my city City of Miami Page 18 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 for having approved this bond. I think what it demonstrates is that we can take, you know, the steps necessary to tackle these big problems. I'd also like to say that I want to commend the designer of the bond for including the Citizens Oversight Board. I think one of the concerns that a lot of the residents had was, you know, the mismanagement of government funds in the past, and I think the Citizens Oversight Board has the potential to address that concern. The third thing I'd like to say and the last thing I'd like to say is that I think that the requirements that's currently proposed for the Citizens Oversight Board do not go far enough for it to be effective. I think we need three additional requirements, and it kind of reiterates what some of my colleagues today have said already. The first thing is that the membership should be restricted to City residents and property owners, because these are the people that are paying for the bond and that have the biggest -- they have the most skin in the game, so I think the board membership should be restricted to those individuals. Secondly, I think the composition of the board should be in proportion to the City's population. So, for example, you know, half of our City is women, and I think the composition of that board should reflect that, as well as the other minorities that we have. I think this diversity is what makes the City great. And the last thing I'd like to say is that the requirement for -- what was I going to say? -- oh, what's been said today already, which is that we need people on this board to elevate, you know, vulnerable populations. The members can't just come from the prosperous parts of town, like the ones that we find ourselves in right now. They need to come from Overtown, Little Havana, West Grove. You know, these are the residents that oftentimes get left behind, and so, we need this bond to address their concerns, and we need people on the board to address those concerns. So just in sum, I think if we include those requirements, the Citizens Oversight Board has the potential to accomplish its mission. Thank you. Casey Mullen: Good morning. My name is Casey Mullen, and I have close community ties to 3000 Biscayne Boulevard. I'm representing Miami Client Alliance, and Catalyst Miami on Item FR.2, to help ensure Miami Forever Bond Oversight Board that will hold the City accountable and elevate the voices of all populations. Earlier, I heard the Mayor refer to Miami as a global city, looked at for leadership throughout the world, and this is absolutely true. Miami is at the forefront of climate change and climate politics in the United States, so we need to set a good example. As I graduate student studying environmental sociology with a focus on climate justice, I am a little concerned when, through my studies, I see parallels between the City of New Orleans and Miami. Their disaster might have been Hurricane Katrina, but their crisis occurred in the aftermath, when systemic issues in society were revealed, and redevelopment was unequal. Miami and Southeast Florida's disaster could be a tragic hurricane or inundating sea level rise and flooding, but our crisis currently is climate change, and it's happening now. The media portrays a vulnerable community as coastal communities; but actually, our most vulnerable communities are those living in historically underserved, low- income, and largely minority communities, inland. I'm asking you to take it upon yourselves today to pull a chair out and recognize these community members and to invite them to the decision-making process at the table, allowing their voices to be heard and making sure this Oversight Board is made up of a proper representative sample of Miami, and that development does not exacerbate inequality. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Charles Dabney: Good morning, Mr. Chairman, esteemed members of City Council. My name is Charles Dabney. I reside at 19355 Northeast 10th Avenue, in Miami. I'm here in support of Item Number RE. 7, 3652 [sic]. I'm pleased to represent the South Florida Community Land Trust, a nonprofit housing developer, serving both Broward and Miami -Dade Counties. The mission of the South Florida Community Land Trust is to provide and preserve quality sustainable affordable housing for City of Miami Page 19 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 underserved populations in South Florida. Community Land Trusts, or CLTs, as you've heard reference to this morning, help to promote permanently affordable housing and work to prevent socioeconomic displacement of low- and moderate - income residents from our neighborhoods; many of which are undergoing enormous pressures of gentrification. The primary vehicle through which CLTs maintain affordability is through the permanent community control and stewardship of land; separating the ownership of the land from the ownership of the housing. I'm here today to strongly endorse the 100 Great Ideas Report, and to strongly recommend that the City leadership consider the creation of a comprehensive housing blueprint. This is a strategy that has been very successfully implemented in cities like New York, Nashville, Seattle, Austin, and has created a framework for these cities to begin to address their extraordinary housing needs with a roadmap for where they want to go, and exactly how they're going to get there. And with the recent passing of the $100 million bond to promote affordable housing, it's critical that the City have a clear vision as to how these funds will be appropriated and leveraged and a clearly defined set of goals, outcomes, programs, and policies; in other words, that we have our roadmap or our blueprint. We highly encourage the City of Miami to work with the community, including Miami -Dade County, and the other municipalities, stakeholders, nonprofits and consultants to draft a comprehensive affordable housing blueprint; one that will provide for the overarching framework for the City's Affordable Housing Programs and provide us with a clear roadmap of where we want to go and how we plan to get there. If successful, the blueprint would provide a mechanism for elected officials, City Administrators and private development community, and the general public to establish clear goals and to hold the City accountable in achieving those goals. Chair Hardemon: Thank you very much. Mr. Dabney: Thank you for your time. Chair Hardemon: Ma'am, you're recognized. Juanita Alvarez: Hello. Good morning. My name is Juanita Alvarez, and it's a honor for me to be here in front of y'all. This is first time, even though I know y'all personal, especially Mayor -- Mr. Suarez. I came here to -- because I represent 11 organizations, especially Legal Service Greater Miami. I live in Little Havana, 905 Southwest 1st Street, in 33130; that's where I live at. And I'm here as a grandma for all the grandkids in this --from university, junior high, high school, elementary, and daycare. Like I say, it's a honor for me to be in front of y'all, so I hope with this message that I'm going to give you that we get together with people like me, that I'm very concerned, that cries day and night for what's going on, because I have in the City 359 family member that they don't have nothing to do with my 18 grandkids and nine great -great -great grandkids. And as right now, I'm talking to y'all as from my heart, as many community out there, many grand -moms out there. I had just had my grandson, 36 years old, come out from prison. He came out different, because he had a lot of pressures inside there. So this one is my grandson. So because I'm involve in the community and I fight for justice and dignity with all the organization, I'm going to make sure that this boy go the right way. But what happen? Many of them comes out like that and don't have the support that my grandson have. So, as well as a seven-year-old that live in Lakeland and not too long ago, a police officer put a handcuff on a seven-year-old. My seven-year-old grandson live in Lakeland, and he having mentally problem, and he throwing things to the teacher, throwing things to the student. So how can we all control this? How can we do this different? It's a lot of problems out there, and sometimes, it's not the parent. Sometimes it's society, the control. So please, please, let's get together and do this to help our children and the community in general. Thank you so much. City of Miami Page 20 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Thank you very much. Ileana Arriola: Good morning, Mayor, Commissioners. My name is Ileana Arriola. I live at 800 Northwest 13th Avenue, Apartment 601, Miami, Florida 33125, United States of America. I proudly live in income -- low-income housing, and the other day, I was amazed. I work at the Election Board, and I worked at Kinloch Park. And I was amazed that I entered into that school; nobody stopped me, nobody stopped me. So finally, I went and checked in to the Administration. I got into the media center where I would be working, and then I found out there's more -- three more entrances to that school with nobody that would oversee it. I says, "What the heck happens now if anybody comes shoot here? What if you are going to the library?" I'm handicapped, I could drop down, but there was no protection. I believe in gun controls, automatic. You cannot control the -- but even when you all control it, sweethearts, there are people out there that sell it illegally. So it's a matter that we can help us, because I suffer from depression, and not be discriminated against. We all should come together into helping the handicapped mentally. We should not be called "mentally ill," but "mentally handicapped." And not discriminate against us. Another thing. I live near SIAM (Sports Leadership and Management) School. Let me tell you, that's the worst school ever. Those kids are wild. They don't care. They see me walking with a walker on the sidewalk. Do you think that they get out of the sidewalk for me to go by? Little old lady has to get down the street and walk besides them, because they have no education, whatsoever. And that's supposed to be considered one of the best one for the students. Another thing -- and I'm sorry. I sent you all emails yesterday. I'm working with Lazaro Martinez, Willy Gort's -- Commissioner Gort's section, in Allapattah, because I'm torn between two lovers: Joe Carollo and Commissioner Gort. Chair Hardemon: You just want the record to reflect that she's using sarcasm -- Ms. Arriola: I live --no, no, no. Chair Hardemon: -- because both of these are happily married men. Victoria Mendez (City Attorney): That's how rumors get started. Ms. Arriola: Hold on a minute. Chair Hardemon: They don't have lovers on the side, and I want the record to properly reflect that. Ms. Arriola: No, no, no. That love is more for Commissioners -- Vice Chair Russell: Political love. Ms. Arriola: -- which is totally different. Commissioner Carollo: All right. Well, for the record, I'm not involved with any compensation. Ms. Arriola: I know Marjorie. I would not fool around with Marjorie, believe me; or Mrs. Gort. Chair Hardemon: We know. Ms. Arriola: But -- and the reception area thing -- I love Commissioner Gort and I love Joe Carollo. I sent you pictures of all the animals being killed in Allapattah. You know that it takes practice to kill the animals in order to go and kill the people? City of Miami Page 21 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 I think this all should be stopped. In my backyard, Commissioner Carollo, I have seen even a naked man go into the river just to get "un despojo, " a voodoo "despojo." I sat there (UNINTELLIGIBLE). I said, "Should I call the cops?" And I says, "What the hell for? They don't come. " I called them once at 2 o'clock in the morning, because I saw a big, huge person -- I don't care race -- sleeping in our laundry room. It took them 20 minutes to come in. Of course, I got afraid; not for me, but for the older people that are older than me and more disabled than me. Hey, what about he comes upstairs and kill anybody or damages, or rape? I started recording it. I let my dogs loose. I involved everybody with it, and I took the man out. 15 minutes after I took that 6'2" man out, being recorded -- because I said, "Just in case I happen to be killed, it's recorded there" -- a cop came in from the rotunda around the river. They were just resting there. And the ones that we pay -- the County pays to protect us -- never showed up. And he says, "Oh, yeah, I just saw him. " I said, "No, sir, you did not. You saw him 15 minutes ago. " So, really, in reality, I do not trust cops, really. They just go and handcuff the chil -- the kid that was seven years old, which he could have been stopped verbally, because, you know, all communication does everything. Chair Hardemon: Thank you. Ms. Arriola: You communicate, you deal with people correctly. Chair Hardemon: Thank you very much. Ms. Arriola: Weapons kill. Chair Hardemon: Thank you. Ms. Arriola: Not weapons; the people carrying the weapons. Thank you. Have a nice day. Commissioner Carollo: Thank you. Miguel Soliman: Miguel Soliman; 1436 Southwest 6th Street. Good morning, Mr. Mayor, Commissioners; morning to all, Mr. City Manager, Ms. City Attorney. I'm here to speak on several issues. I'm going to try to be as brief, because I've got a few of them. First of all, RE 6. I believe the elected ojf cials' salaries should equal that of the private sector for their services, and I can't imagine how -- let's say the president of Coca-Cola would have to have a part-time job to pay for his mortgage on his some, so that's why I support. It's a job that all of you do, and you deserve to get the pay for it and not have to have a second job to be able to cover your expenses, so I'm in support of RE.6. Number two, in reference to Parkland, that horrible situation we had, one of the solutions I thought of, we have a situation a lot of times with our veterans that they leave the services and they're displaced. A lot of them are military police. They are also special services. They have -- our schools become a war zone when one of this situation happens; it's literally a war zone. And if you can picture it -- I've never been there, but I can imagine it -- everybody gets confused. Well, our retired personnel are used to a war zone, and perhaps we should consider the possibility of hiring these vets for those security services, and serve a dual purpose: Have our schools safe, and provide a life -meaningful job for our vets that are a lot of times are ignored. Third, I'd like to talk about a situation. We have a business, regular everyday business in the City of Miami, which is our tourism. And 8th Street, Calle Ocho, between 14th Avenue and 17th Avenue, gets visited by approximately 3, 000 tourists every day. And these tourists, I've seen more increasingly that they go out, walking the area immediately -- the blocks immediately around there. And I live on 6th Street, between 14th and 15th Avenue, so I see them every day. And I think we should have -- because this impacts the brand name of our City of Miami Page 22 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 city, and how hard we've worked to establish that brand internationally, that area needs some TLC (tender loving care); needs some TLC with cleaning, with potholes in the streets and the sidewalks, individuals that don't belong in our streets doing all kinds of illegal activities. And perhaps a group of directors that affect the different areas, like Public Works, Police Commander and so on, I'd like an opportunity and extend that invitation to our City Manager to walk with me that area half an hour -- that's all I ask -- and look at what I'm talking about so we can address, because this is hurting our brand. It's hurting our brand when all these tourists take pictures and take them back to the world; although it's a localized area, but I don't think we have any other area so small that we get so many eyes and so many pictures from our City. Now, to my fourth item, there's a State bill that I'm sure all of you know, Chairman Hardemon, Commissioner Russell, in the State that refers to trees, and it would take the power away from local government to dictate what happens to trees in private property. But I'll tell you a story that we have to find a balance, because - Chair Hardemon: Now, I've -- You've gone over two minutes over your time -- Mr. Soliman: Oh. Chair Hardemon: -- so I don't know if we have time for a story, but -- Mr. Soliman: Okay, real quick. We have a resident in Shenandoah got fined $5,000 for two trees, because she went to get a permit to cut them; they didn't give it to her. Six months later, her water pipe busted. She wanted to cut them down because the roots were affecting her water system, and the plumber had to come in emergency over the weekend, dig out the water pipe; in the process, broke the roots. Well, this lady got fined $5,000 for each tree. That's also unacceptable. And last thing: Want to just keep alive the idea that we've spoken at last Commission about our custodial staff here in City Hall and their pay increase. I don't want to let it die. I want to keep it alive until it happens. Thank you very much for your patience and for hearing me. Chair Hardemon: Thank you. Ms. Mendez: Mr. Soliman, if you could come over here? Thank you. Nathan Kurland: Commissioners, ladies and gentlemen in the audience, my name is Nathan Kurland; 3132 Day Avenue. As you may or may not know, I'm a professor at FIU (Florida International University). Yesterday, I administered an oral exam, the final question of which was, "Tell me the difference between ignorance and apathy"; at which point, one of the young men in the back of the room yelled out, "I don't know and I don't care. " His answer was better than mine. I do care about RE.1. This has to do with the Miami Children's Museum. I would ask our City Manager for as much diligence as is possible. I have the honor to serve on the MSEA (Miami Sports & Exhibition Authority) Board for the last eight years. Watson Island is problematical at best, as many of you who sat on the MSEA Board as Commissioners know. I am particularly interested in the fact -- I would love to hear about a covenant regarding if this were approved, the museum expansion, that absolutely no more visual pollution be allowed to festoon its walls. This is the only school in the City of Miami, Miami -Dade County that allows an LED (light -emitting diode) billboard on the school itself- unacceptable. As a member of Scenic Miami and as a member of the State Board of Citizens for Scenic Florida, this is completely unacceptable. I would also ask the City Manager for diligence regarding the land upon which this expansion may take place. As a member of MSEA, I am in receipt of a legal document regarding whether or not this expansion is an incursion into the City of Miami Page 23 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 possible exit/entrance land required by the heliport and also the seaplane base. Thank you very much for your attention. Chair Hardemon: Thank you. Ma'am, you're recognized. Brenda Betancourt: Good morning. Brenda Betancourt; 1436 Southwest 6th Street. I have just a couple concerns. School. I know that you guys don't have the power to oversee, but can we oversee those students who are residents of the City of Miami, who seek assistance with mental health? This is our biggest issue. We have create -- and a couple years back, a couple parents from the PTA (Parents and Teachers Association) pushed Katherine Rundle to create the Bullying Program, and it's being implemented in a lot of middle schools. But sometimes, the schools are not have the time to provide for the State Attorney to go to the schools and teach the kids the consequences of bullying. All of us have suffered. Those who work (UNINTELLIGIBLE) Booker T. Washington (UNINTELLIGIBLE) somebody that I know understand. We suffer bullying, and maybe that's why we are tough, but not all of us will survive. So it is our responsibility. Our kids are our responsibility; regardless if it's Miami -Dade County School, they are our kids. There are programs right now with the Miami -Dade Police Department in the north side of the County helping those kids that have been identified as a problem kids to go and speak with the police. The police go and be a mentor to those kids. So to me, it is important; the kids are really important. And if we don't pay attention, we going to have more problems than what we want to. And really fast, I think that Calle Ocho has been having a lot of issues, because we need, Commissioner Carollo, we need your help. We need somebody to sit in the street and teach the drivers for the double-decker how to park. You go to 8th Street and 15th, and you are risking your life to turn. I got an accident in there, because two double-deckers I cannot see. So, please -- this is something that we spoke about it. We need your help. We don't want the people who come here, 3,000 visitors a day, doesn't have a bathroom to go to even wash your hands. They being forced to go inside the restaurants, and restaurants doesn't want to let them use it. So what kind of brand are we actually letting the people to believe, when they come from all part of the world and we go to 8th Street, the most visitor place, and they don't even have a place to wash their hands? So, please. The commander is trying to do it, but he cannot have a person in there, a police writing tickets; it's impossible. We have bigger issues in the City, but we need your help and I hope that you actually have a time to go and see how can you, in the new position, you can actually give us a hand, because we been asking for it. And now you here, and I hope that you are thinking about it, or maybe working on something that we don't know, but we would like to help. Thank you. Chair Hardemon: Thank you very much, Ms. Betancourt. I'm going to close the public hearing at this time. Thank everyone for your comments. City of Miami Page 24 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 MV - 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.) NO MAYORAL VETOES Chair Hardemon: Mr. Clerk, there were not any mayoral vetoes, were there? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. A►IIxel0►yiriykel:UNOAC•];K City of Miami Page 25 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 C41eQ9%]►69A►Ill give] A►1R7A Note for the Record. For minutes referencing Item CA.], please see Item AM.]. CA.2 The following item(s) was Adopted on the Consent Agenda 3495 RESULT: ADOPTED Office of the City MOVER: Joe Carollo, Commissioner Attorney SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION 3533 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MANAGEMENT AND ADMINISTRATION OF THE BISCAYNE GREEN LANE ELIMINATION ANALYSIS, FUNDED WITH A FEDERAL GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED TWENTY NINE DOLLARS ($421,829.00). ENACTMENT NUMBER: R-18-0066 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see Item AM.]. CA.2 RESOLUTION 3495 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Attorney ON BEHALF OF WILLIAM E. BRADSHAW AND HIS COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $195,100.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $195,000.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-18-0067 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see Item AM.]. END OF CONSENT AGENDA City ofMiarni Page 26 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 00:014414d:I;re1Nl►[*9 PHA RESOLUTION 3180 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and PROGRAM YEAR 2017-2018 COMMUNITY DEVELOPMENT Economic BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $2,119,782.00 TO THE OFFICE OF CAPITAL IMPROVEMENTS Development FOR STREET AND PARK IMPROVEMENTS, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PKI, please see Item AM.I. END OF PUBLIC HEARINGS City ofMiarni Page 27 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 M:�9Elsie] ►1III N;ril911►[eye]N911►/_1►[M*I SRA ORDINANCE Second Reading 2889 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42- 118 TO CLARIFY EXISTING REQUIREMENTS AND PROVIDE ADDITIONAL REGULATIONS RELATING TO THE IMMOBILIZATION/BOOTING OF MOTOR VEHICLES ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item SR.] was continued to the March 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item SR.], please see "Order of the Day. " City ofMian ni Page 28 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 SR.2 ORDINANCE Second Reading 3137 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: 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. ENACTMENT NUMBER: 13745 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: What I'd like to do is go ahead and in the short time that we have left, read into the record some of these ordinances, and get them out of the way. So SR. 2. Can you read it into the record, please? Victoria Mendez (City Attorney): Are you asking me to read FR.3? Chair Hardemon: Read SR.2. Mayor Francis Suarez: No. SR. 2. Each one, that's what we're doing, so 2. Ms. Mendez: "SR, " as in "second reading. " SR. 2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved Is there a second? Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded to approve SR. 2. Commissioner Carollo: But -- Chair Hardemon: Any further discussion? Commissioner Carollo: Question. Chair Hardemon: You're recognized. City of Miami Page 29 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: Mr. Manager, this is a lot of extra work that you're going to oversee. This is going to be a lot of extra work that you're going to be overseeing directly. Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: Do you need additional personnel to be on top of this, or are you going to have one of the Assistant Managers oversee -- Mr. Gonzalez: At this moment -- Commissioner Carollo: -- the people that been doing it now? Mr. Gonzalez: No. At this moment, we don't; but if we do, we'll get back to you on it. Commissioner Carollo: Okay. That's why I wanted it, so we could include it -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: -- in this ordinance, if need be. Mr. Gonzalez: Yes, sir. Commissioner Carollo: And I hope now with this being in your hands, a lot of things will become more efficient in being able to handle. Mr. Gonzalez: Thank you, sir. Commissioner Carollo: Surely. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 30 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 SR.3 ORDINANCE Second 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, Hardemon, Russell, Gort, Carollo, Reyes 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 ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13746 Chair Hardemon: SR.3. Please read it into the record. Victoria Mendez (City Attorney): SR.3. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Move it. Todd B. Hannon (City Clerk): And Chair, just for the record, the title needs to be amended to show, "with attachments. " Chair Hardemon: All right. Is there a motion to approve with the attachments? Commissioner Gort: Move it. Commissioner Carollo: Move. Chair Hardemon: It's been properly moved and seconded -- mover, Commissioner Gort; seconder, Commissioner Carollo -- to approve the measure with the attachments included. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. City of Miami Page 31 Printed on 03/30/2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: SR.3. Please read it into the record. Victoria Mendez (City Attorney): SR.3. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Move it. Todd B. Hannon (City Clerk): And Chair, just for the record, the title needs to be amended to show, "with attachments. " Chair Hardemon: All right. Is there a motion to approve with the attachments? Commissioner Gort: Move it. Commissioner Carollo: Move. Chair Hardemon: It's been properly moved and seconded -- mover, Commissioner Gort; seconder, Commissioner Carollo -- to approve the measure with the attachments included. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. City of Miami Page 31 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: All against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 32 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ia:MaI:RI9NNFA 911►[eye]N911►/_1►[*&I FRA ORDINANCE First Reading 3225 TO BE INDEFINITELY DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF Commissioners MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED and Mayor "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING NEW SECTION 62-647 OF THE CITY CODE, ENTITLED "UNDERLINE PUBLIC BENEFITS TRUST FUND; INTENT," SECTION 62-648 OR THE CITY CODE, ENTITLED "ESTABLISHED," AND SECTION 62-649 OF THE CITY CODE, ENTITLED "FINANCIAL REPORT," ESTABLISHING THE UNDERLINE PUBLIC BENEFITS TRUST FUND; 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 MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City ofMiarni Page 33 Printed on 0313012018 Note for the Record. For minutes referencing Item FR.], please see "Order of the Day. " FR.2 ORDINANCE First Reading 3292 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," TO ESTABLISH AND ADD THE "MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD" ("BOARD"); TO PROVIDE FOR A SUNSET DATE; TO SET FORTH THE PURPOSE, POWERS, AND DUTIES OF THE BOARD; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, AND OFFICERS; TO ESTABLISH MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY AND RULES OF PROCEDURE; ASSIGNMENT OF STAFF; AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING A NEW DIVISION 24, CONSISTING OF SECTIONS 2-1338 THROUGH 2-1350; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City ofMiarni Page 33 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 Note for the Record. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Okay. Can you read into the record -- Mr. Mayor, you want to be recognized? Mayor Francis Suarez: Yes, if I don't -- if it's okay. FR (First Reading) -- On FR. 2, which is the Miami Forever Bond Program Oversight Board. The -- this item is -- Chair Hardemon: Can you read it into the record, Madam City Attorney? Victoria Mendez (City Attorney): Yes. And that is FR. -- Mayor Suarez: 2. Ms. Mendez: -- 2. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Mr. Chairman, I'd like to co-sponsor the item. Mayor Suarez: Thank you. So just to address some of the concerns and questions that were stated by the public. One of them is -- and it's -- maybe it's a little bit confusedly drafted, but it's a cross-reference on the qualifications, which is BI, which talks about the provisions set forth in Section 2-884 of this article shall be applied to all members of the board. That's a fancy way of saying they have to be City residents. So that addresses -- Commissioner Carollo: I'm sorry, it's a fancy -- what? Mayor Suarez: I'll repeat. It's a fancy way of saying they have to be City residents, that cross-section. Commissioner Carollo: I'm glad, Mr. Mayor -- Mayor Suarez: Yeah. Commissioner Carollo: -- you clarified that. Mayor Suarez: Yeah. Commissioner Carollo: Because that was going to be one of my requirements -- Mayor Suarez: Exactly. Commissioner Carollo: -- that you have to be a resident in Miami. Mayor Suarez: Exactly. Commissioner Carollo: By the way, shalom. Mayor Suarez: Thankyou. Commissioner Carollo: Welcome to have you back. Mayor Suarez: Thank you. Because we need to have an -- City of Miami Page 34 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: I don't get to see you anymore. You travel so much; you're all over the place. Mayor Suarez: We need to have a conversation. Commissioner Carollo: Traveling man. Mayor Suarez: We need to have a conversation about the trip. It was a great trip. Commissioner Carollo: Yeah, yeah, we got to bond again. Mayor Suarez: So thank you for that. I appreciate it. Shalom to you, as well. So that's one issue. The second issue is -- that was brought up by a few people -- is diversity. Obviously, we have a six -- you know --five Commissioners. It's a diverse representation of our City. In fact, we sued for diversity in a composition of our Commission, and this allows the Commissioners to choose people that they feel comfortable with. So I would presume that the Commissioners would appoint a diverse body, whether they be women or men; whether they be young or old; whether they be different -- whatever; whatever the diversity components that the Commission wants to establish, the Commission can establish. So I leave it to your discretion as to -- I have no disagreement with changing that or modifying that in any way, shape, or form. That was just the thought process. We obviously vetted it with all of you before bringing it as an ordinance to the City Commission. We do have a second reading, so we also have the possibility of passing it on first and making any changes that we think need to be made on second. The other thing I wanted to point out is if you are a City resident, for example, and live in affordable housing, that qualifies, as well, under B2, because of your experience living in affordable housing. So if you are a City resident and you live -- simply live in an affordable housing and that is the person that the City Commissioner wants to appoint, that qualifies under that provision. So, you know, I just wanted to clarify some of the things. I understand that many of the people that came up are probably not lawyers, and I don't fault them for that. So I just wanted to clarify that there are certain circumstances that do apply. And we wrote a letter to the Miami Climate Alliance addressing every one of their concerns. But obviously, we're open to whatever suggestions the Commission has, as well. Chair Hardemon: Thank you very much. Is there any other discussion about the item? Commissioner Carollo: There is. One of my concerns is that it's too small of a board. You don't want to create too large of a board, either, that you get nothing done, but I don't know if seven is the right number. I would be more inclined to have nine with some at large that we have that the Commission would decide. You always have possibilities of people not showing up, they have emergencies, trips, what have you, and you might be better served if you get a little bit more input within that board. So having a board, seven, it seems to be on the short end; that's not to say that it can't work with seven, but let's say that someone's missing a meeting. You could potentially be then left with a 3/3 vote. A lot of what I've seen that we've done in numerous of our boards is we do name nine; there are six, and then three at large. But -- Mayor Suarez: I have no objection to that. Commissioner Carollo: -- it's just one man's opinion anyway. Mayor Suarez: I have no objection to that. City of Miami Page 35 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: At the same time, I would like to not have any limitations on who we could name; in other words, we're never going to have the perfect balance whether we include this individual or that one; as long as we're not too heavy on the attorneys. I'm sorry, Mr. Chairman and Mr. Mayor. Mayor Suarez: Okay. Commissioner Carollo: You know, we want to -- Mayor Suarez: No offense taken. Commissioner Carollo: No, no offense taken. We need to have a little more open- mindness [sic] from people from all sectors; that's why we have a City Attorney. So having said that, on first reading, I would approve it. I'd like to look at it a little closer, because we still have time -- Mayor Suarez: Sure, sure. Commissioner Carollo: --for second reading and -- Mayor Suarez: Yeah. Commissioner Carollo: -- this doesn't have to be tomorrow. I mean -- Mayor Suarez: Agreed. Commissioner Carollo: -- we're still a ways away before putting even a dollar out in bonds. Mayor Suarez: Yeah. I have no problem with that. I think the provision that we'd be looking at is 2-134082. Commissioner Carollo: Yeah. Mayor Suarez: Take a look at it and -- yeah. Commissioner Carollo: Well, if you'd like, for the purpose of getting this passed on first reading -- Mayor Suarez: Okay. Commissioner Carollo: --I don't mind approving it like this. You know, we'll make some -- Mayor Suarez: Perfect. Commissioner Carollo: --provisions and changes in second reading. Mayor Suarez: Makes --fine with me. Commissioner Carollo: Okay. Mayor Suarez: Yeah. Thank you. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Has it been moved? City of Miami Page 36 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: Yes. Chair Hardemon: He was the mover. Commissioner Carollo: Been moved. Commissioner Reyes: Second. Chair Hardemon: Seconded by Commissioner Gort. Mayor Suarez: Just real quick, for clarification. Does anyone have any issues of it being nine; the two additional at large? Vice Chair Russell: I'll add the amendment. Mayor Suarez: Okay. Commissioner Reyes: Just talking out of experience, you see, I was a member of a 13 -man -- I mean -- Mayor Suarez: Right, right. Commissioner Reyes: -- 13 person board. Mayor Suarez: Right. Commissioner Reyes: And I can tell you that a very large board -- Mayor Suarez: Is not good, yeah. Commissioner Reyes: -- it's not functional. I mean, it can function, but it takes a lot of time. I think that more than nine -- Mayor Suarez: Okay. Commissioner Reyes: -- it will be too many, you see. Mayor Suarez: I think we're all on the same page. And those two, just to be clear, will be at -large appointments of the Commission. Commissioner Reyes: Sure. Mayor Suarez: Fine with me. Vice Chair Russell: I'll make that amendment to add two at large of the Commission members to the board. And I would like to add diversity language under the "should" category, so the members "should" include a diverse background. Madam City Attorney, did you draft some language for that for me? Commissioner Carollo: Unless you want them to be appointed by the two Assistant City Managers that the Manager will name -- Chair Hardemon: You know -- Commissioner Carollo: -- but we'll consider that. City of Miami Page 37 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mayor Suarez: That's okay. Chair Hardemon: -- I want to recognize Commissioner Gort, but I want to say this: It's up to us as Commissioners to make appointments -- Commissioner Reyes: Yeah. Chair Hardemon: -- to this board. And for instance, when I think about the people that I represent, it gives me an idea of who I should appoint to the board. But there - - all of us have people within our district that are vulnerable, if you will, to sea level rise, and that should be on the board. And the only issue that I see ourselves running into is trying to make appointments for our body -- like for our district -- that affect the entire organization, the actual board itself, where once they all come together, then they're not as diverse as we want it to be. So, for instance, it ends up being everyone who is on the board is someone who could potentially be apart of the --for instance, Miami Climate Alliance. All right? Then the board is not as diverse as we want it to be. And so, I think that the additional two members can make a difference, because it can add that diversity, where we could think globally about the issue -- Vice Chair Russell: Yeah. Chair Hardemon: -- and you can add the expertise or whatever it may be that you want to add. But then also, our individual appointees, we just have to be considerate that when we come to make our appointments -- Mayor Suarez: You're right. Chair Hardemon: -- that we look at, you know, their ethnicity, their race, their gender, all these things, because you could easily find yourself in a position where you've appointed people because you're listening to the community, but now it's not diverse at all; it's just more reflective of one part of the community and not the entirety of the community. So it's just something that I want us to keep in mind. Commissioner Gort. Commissioner Gort: Commissioner Carollo, if -- you're going to add four more, right? Mayor Suarez: Two more. Commissioner Carollo: No. We'll add -- Commissioner Reyes: Two more. Commissioner Carollo: -- two more. Commissioner Gort: Two more. They'll be selected at large. Commissioner Carollo: From seven to nine. Commissioner Gort: Okay. Let me ask a question. And I agree with what you stated, Mr. Chairman, that the problem is a lot of times, the analysis and the groups that get together, even it comes out to 300 people that get together, they represent .001 of the residents of the City of Miami. Chair Hardemon: Right. City of Miami Page 38 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Gort: So we have to make sure that we have people from all our district to -- that -- like the young man that stepped in here and he talked about how he knows all the potholes, and he mentioned a street which I know very well, and we need people like that. My suggestion is the two that be at large be professionals that live in the City of Miami, but they be professional, either engineer, architect, that they don't have any conflict with the City, because you need someone in there that have knowledge of the projects, too. Commissioner Reyes: That's right. Commissioner Carollo: You do need people with knowledge, and I have the utmost confidence in each of us that we're going to put very qualified people in there. Now, because I mentioned nine, that doesn't mean that I would be opposed to the seven, and I want to be clear on that, okay? I'm just bringing out food for thought. That's why I will approve this on first reading so that we could have a little time, and all of us to think it through. We could speak to the Mayor, like I intend to, and maybe, you know, we could come with something that's a little better in tweaking it. But, you know, this is a simple ordinance. We need to do this, whether it's seven or whether it's nine. I only worry on the seven for what I said, but I'm not opposed to the seven. Mayor Suarez: I think nine is fine. I think we're good with nine, yeah. Chair Hardemon: So right now, the motion on the floor that was seconded that we're talking about the amendments, so I need the amendments -- Commissioner Carollo: There's no amendments. It's as -- the ordinance is as presented? Commissioner Gort: As it is. Mayor Suarez: I just wanted -- Commissioner Gort: First reading. Chair Hardemon: So you don't want to add the two men now? Commissioner Carollo: Well, we're not adding anything to it. We're -- we --just putting it on the record -- Mayor Suarez: Got it. Commissioner Carollo: -- that we could make these changes and maybe others in second reading. Commissioner Gort: Second reading. Commissioner Carollo: That's all. Chair Hardemon: Right. All right. Then let's go ahead and take a vote on that motion now. It's been properly moved and seconded to approve FR.2. Is there any further discussion? Seeing none, all in favor of the motion, say "aye. If The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. FR.2. City of Miami Page 39 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 FR.3 ORDINANCE First Reading 3675 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, ENTITLED "GENERAL PROVISIONS," MORE and Mayor PARTICULARLY BY ADDING NEW SECTION 1-16 TO DESIGNATE THE OFFICIAL SEAL OF THE CITY OF MIAMI IN ACCORDANCE WITH SECTION 165.043, FLORIDA STATUTES, AND TO ESTABLISH REGULATIONS RELATED TO THE USE OF THE SEAL; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR. 3. Read it into the record, please. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded. Commissioner Gort: Second. Todd B. Hannon (City Clerk): And then, Chair, just for the record, the title needs to be amended to show, "with attachments. " Chair Hardemon: Any discussion? Vice Chair Russell: Yes. I just wanted to make sure that we're not incurring any unnecessary budget by doing a full revamp of our seal throughout the City; that we're going to rotate out seals and logos -- Emilio T. Gonzalez (City Manager): Yes, sir. Vice Chair Russell: -- that are not performing as needed. Mr. Gonzalez: We'll hash out the details, but ideally, what we would do is have a sunset where, for a period of time, we would be using both seals, and as we have to use and produce seals on vehicles and so forth, we'll use the new seal, but -- Chair Hardemon: I don't understand. Is the -- has the seal design changed? I mean, I understand sometimes they --people use the Dade County -- Mr. Gonzalez: Sir, that is -- Chair Hardemon: -- which is wrong. Mr. Gonzalez: -- not the right one. This is not correct. City of Miami Page 40 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Well, I know this one's not correct. Mr. Gonzalez: Right. Chair Hardemon: It says, "Dade County." Mr. Gonzalez: Right. Chair Hardemon: But a lot of the things that we have that we use, we actually say -- what is it? -- says at the bottom -- Vice Chair Russell: State of Florida. Chair Hardemon: -- "State of Florida, " right. Commissioner Carollo: Florida. Mr. Gonzalez: Florida, yes, sir. Chair Hardemon: Right. So I know we're just saying the Florida one is the official one, because we're no longer Dade County. Mr. Gonzalez: Correct, sir. Chair Hardemon: Okay. I know that in practice, we've been -- everything that's new, we use it, but we haven't ojcially designated it yet. That's what we're doing. Mr. Gonzalez: So we would look for an appropriate sunset period where, hopefully, we would be able to go through all of the seals used by the City, and at such a point where then the Dade County one becomes obsolete, and then we're only using the one with "Florida." Commissioner Carollo: Mr. Chairman, I have to believe that since Dade County became Miami -Dade County, we've been transitioning for years, so we should have very little left. I think maybe here, City Hall, a few other of our places, but I don't think there's that much left. I think it's appropriate that we officially make "Florida" instead of "Dade County"part of the official seal. So. Mr. Gonzalez: But, sir, to your point, for example -- Commissioner Carollo: Yeah. Mr. Gonzalez: -- the light fleet City cars, they all say, "Dade County. " Mayor Francis Suarez: Yeah. I think we'll cycle them out, you know, little by little. Thank you. Chair Hardemon: Okay. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF FIRST READING ORDINANCES City of Miami Page 41 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 I N � N ; &1011 tit1101kiR? RE.1 RESOLUTION 2812 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVIEW THE REQUEST FROM THE Commissioners MIAMI CHILDREN'S MUSEUM ("MCM") TO EXPAND MCM'S and Mayor FOOTPRINT ON WATSON ISLAND TO ENABLE IT TO PROVIDE A NEW ENTRANCE TO GUESTS AND EXPAND MCM'S CURRENT PROGRAM SPACE; FURTHER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH A RECOMMENDATION. ENACTMENT NUMBER: R-18-0082 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.], please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Besides that, we have one more item that's on the regular agenda; that's RE. 1, the transfer of land to Miami Children's Museum. Vice Chair Russell: Is there a presentation? Chair Hardemon: City Manager, is there -- anyone going to introduce the item? Commissioner Gort: I'll move it. Vice Chair Russell: I'll second. Chair Hardemon: It's been properly moved and seconded -- Vice Chair Russell: With discussion. Chair Hardemon: -- for RE 1. Discussion. Commissioner Carollo: Is anybody here to further speak on RE.1 or not? Chair Hardemon: Should be someone from the City that'll answer questions. Certainly, we have the Miami Children's Museum representative here. Deborah Spiegelman: Hi. Deborah Spiegelman, CEO (Chief Executive Officer) of the Children's Museum. Thank you for hearing the item. We're asking that you give the Manager the opportunity to meet with the museum and explore all facets of our request for additional property. Vice Chair Russell: Mr. Manager, does this resolution, as worded, include the potential for the revocable license that we were considering before, where they would improve the land for open park space for the public in the meantime while City of Miami Page 42 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 we're waiting to see what can be negotiated, if something needs to go to referendum? They're offering to build a free park for us on their dime. Is that contemplated in this resolution, or is that additional direction that I can add? Barnaby Min (Deputy City Attorney): Mr. Chairman, if you would allow, I can answer for the City Manager. It's not necessarily covered by the resolution, but that is something that, if the Commission does want to take that avenue as an approach, it's something you can direct the Manager to do. Vice Chair Russell: I would like to amend it to add that direction if the mover, Commissioner Gort, is open to it. Commissioner Gort: Yes. Chair Hardemon: Clarify what the direction is again. Vice Chair Russell: To negotiate a revocable license with the Children's Museum to maintain -- or to improve and maintain that same space that's considered in this resolution for open park space to the public; no building or construction of any hard items; simply making it a free park for the public while we wait to see what it becomes. It's revocable at any time; there's no risk to us; it's a free park for our public. I don't see the down side. Emilio T. Gonzalez (City Manager): We could pursue parallel tracks, as well, sir, so there's -- we'd be happy to do that. Chair Hardemon: I'm assuming, then, in that, you're going to determine whether or not we can, in fact, issue revocable licenses to someone that's on waterfront property without -- Mr. Min: I'm sorry, I didn't hear the end of the question. Chair Hardemon: I'm assuming we're going to have some analysis on whether or not we can issue revocable licenses to someone who has waterfront property, without a referendum. Mr. Min: The City has opined in the past that a revocable license for waterfront property can be issued so long as it's not for a set term, and so long as it's not a conveyance of any property rights to a third party. So because it's a revocable license that can be revoked at any time, it is our office's opinion that it is something that is allowed, pursuant to the City Charter. Chair Hardemon: Do you collect rent or any sort of proceed from the revocable license? Mr. Min: Obviously, those types of business terms would be negotiated by the Manager and his team, and if those are business terms they want to include in the license, we will, certainly. Chair Hardemon: You know, because the only thing is that we know we have a very litigious community and they're well funded, and it just makes no sense for us to fight or to get ourselves involved with -- well, I don't want to say that. I just -- I can foresee someone challenging us, saying that, "This is just like a lease, except for the fact that it's not a lease." Vice Chair Russell: Not what? City of Miami Page 43 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: A lease. So it's just like it's a lease we're giving. It has all the same parameters of a lease, except you called it something else. And we know that that's -- that is simple enough for someone to sue us on and for us to go through a long battle because of a certain issue. Commissioner Carollo: In other words, what the Chairman is trying to say, that if it walks like a duck, if it quacks like a duck, someone might think it is a duck. Chair Hardemon: Right. That's the best way to put it for -- to be understood; especially where -- look, you know -- and I just want to avoid certain issues, because certainly, we could not lease it, not give a revocable license. They could put things on it, they could cut the yard -- I mean the grass. They could -- you know, maintain it, and it still -- I'm assuming -- could serve the same function. You know what I mean by that? They're not paying a fee for it, but they put their chairs on it, they cut the grass, they have access to it, everyone else has access to it, but it's not titled a revocable lease. That's -- I mean revocable license. But I'm just saying that from the dais. That's something for you all to think about. I just want to avoid any issues. Commissioner Carollo. Commissioner Carollo: That's why it's good to have an attorney every now and then up here. But if I could bring something out that is equally as important -- maybe even more so -- and I don't know, you know, what the validity of this is or not, but there's been a lot of rumbling that we've all heard. I don't know if there's anything riding on that. I think there even might have been. In fact, from the people that we're in litigation now, I heard, I think this morning, some additional people that have leases in Watson Island that they don't feel that we could do anything with this land with them, because they apparently feel they have certain rights to it. I don't know if they do or not. But the bottom line is I would like to have a legal opinion that people can put their jobs in the line and that will guarantee this Commission we're not going to have another lawsuit if we do anything with this property; that it's going to cost us more money in court and wind up where we got to undo everything that maybe might get done or might not get done. Mr. Min: Commissioner, I don't believe you will receive a legal opinion from our office of a guarantee that we will never be sued. That is always a possibility and there is no way to determine -- Commissioner Carollo: I'm not talking about suing. I'm talking about losing on this, because, as we all know, the law could be stretched many ways, and like putty, and I don't want just to appease some people that were told we're fine, but we' re not. And that's the first major concern that I have. The second one, I was just talking about a few minutes before. Watson Island is the most important piece of property the City of Miami owns by far. An acre there is worth into the tens of millions of dollars. They're asking, if I remember correctly, on square footage, slightly over half an acre, correct? Ms. Spiegelman: It's about 25, 000 square feet. Commissioner Carollo: Okay. Yeah, slightly over half an acre. So you're talking about still tens of millions of dollars of valuable property. You know, there might be some that like what I'm saying; obviously, some that will not. But I will say this to both sides: We wouldn't be talking about this here today if there hadn't been a young Commissioner years ago that's sitting now back here as an old Commissioner that saved Watson Island, because back then, there was a 99 year lease that the Commission that was here at the time gave -- with the exception of my vote. I was the only dissenting vote on it -- the 99 year lease for Watson Island, which I think would have covered a lot more than today. I think that was done back in '84, I City of Miami Page 44 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 believe it was; '84. And at the time, it fell apart, because I started showing later on certain things that we were not told, and everybody started bailing out from the project. So the project did not go through. What I will tell you is that if that would have passed, we would have lost that piece of Miami property that's extremely valuable for almost ever -- 99 years -- none of us would have been around; and that some years later, when I became Mayor, we got Jungle Island in there that's about 16, 17 percent of all of Watson Island that we own. And just that little piece is paying us more than what we were offered and we were going to get for that 99 year lease. So this is the history of Miami; that if you're connected and powerful, you could get whatever you want. And then, you know, we scream that our taxes are going to go up, but, well, you know, if we don't use our property so that we don't have to raise taxes and have high taxes that we do have, then we got no other way, and that's why I'm saying that we need to use our properties to the best and highest use. We can't make everything a park. How can we have shot from the hip before I came to this Commission to have thrown out the people that should have been thrown out, but carefully, after you made sure that everything was done right at that moment; if not, you should have waited for it? Because one of the excuses was that we could be getting $7 million for that property today; and probably, we could. But then it's kind of crazy that we're risking all that we are so we could come back and instead of trying to get the $7 million every year in recurring revenue, we want to make it into a park, with grass and tulips. Well, I love parks, but I also understand that bringing revenue to the City of Miami in ways that Miamians can enjoy is equally as important. My concern with all this is that there's going to be scores of ways to go around and try to get around the Carollo Amendment; that's what I placed as a young Commissioner on the ballot in November 1984 that the citizens of Miami passed. And I assure you, if that hadn't passed at the time, City of Miami wouldn't have any waterfront property to be talking about today, because it would have been given away. There wouldn't have been an influence peddler that had not gotten a piece of Miami, because they would have gotten it. Now, the Children's Museum is a fine institution; I don't think there's any doubt about it. I think in retrospect that it was put into the wrong place. You should never have put an institution as such into -- if you want to wave, sir, you could come up here and wave, but you don't have to wave up there. Vice Chair Russell: That's our method of applauding when they agree with you, Commissioner. Commissioner Carollo: Oh, okay. Well, I don't know who's applauding, who's not, but I figure I'd give them the opportunity, Commissioner. I'm not as politically correct as some are. But the bottom line is that we have given a tremendous amount to the Children's Museum. We gave them the land; there was monies that were given for the buildout; then there's a charter school there that I don't see that anyone has given any of us any proof that it's ever been approved by this Commission, and was never part of the original lease. Last but not least, there's all kinds of electronic billboards there that are bringing them millions of dollars. Yeah, we're getting a small piece of it, but the question is if they should even be there or not, but if they should, why should they have gotten the bulk of the money and the City of Miami general revenue fund a small fraction of it? And then, I'm still hearing that there's more that's needed from the City of Miami. I would assume that eventually, if somehow God strikes and we win this lawsuit these coming weeks, that other space that becomes open, that's going to be up to land grab, too, and at least my vote is not going to be for that. It's nothing personal. I think you've done a fine job with the museum, but there has to come a moment that you say, "Stop. How much do you need? How much do you want?" We --you know, if your financial plans were incorrect originally, we shouldn't be giving more and more and more, and more. We need to bring in dollars for the general fund so we could provide better service, we could lower our taxes, and there's only two ways of doing it: By getting it from City of Miami Page 45 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 properties that we have that the City owns, like that; in recurring ways, by bringing new ideas could bring new dollars, or by raising taxes. But outside of, you know, God wanting to be good and manna falls in Miami for the first time, from Heaven, I don't know of any other ways. So that's one man's opinion, anyway. Vice Chair Russell: Thank you, Commissioner. I wholeheartedly disagree. That piece of blighted rubble land is -- looks exactly like it did back when you saved Watson Island and you were Mayor. It's the same unused piece of land as I used to go there as a kid and watch the Chalks take off. We are not using it. We haven't looked at that land and said, "What can we do with it and how can we monetize it, and what is the maximum benefit of it?" Here, we have someone saying, "Let me give you a free park for as long as you want it, and the second you don't want us on there, we're off. " There's no risk on our part; there's no circumventing of our Charter. In fact, the way this first came to us I felt had risk of challenge, because it was going through MSEA (Miami Sports and Exhibition Authority) and then to the Children's Museum, which could be argued was a method of circumventing the Carollo Amendment. But this way, this is straight from the City and the potential -- based on the review that comes back from the Manager, my hope and intention is if they do get the right to build anything there of any structural value that it is directly between the City and the entity, with no middle governmental agency, to avoid anything and that it goes to referendum, and that the voters can decide if they believe that our waterfront is the right place for something like the Children's Museum, something like the Frost Museum, the Arsht -- the PAMW (Perez Art Museum Miami); all these great cultural institutions that are for our public that are on our waterfront. Maybe the public thinks that's exactly what's appropriate, and that's probably why it's not left up to us as Commissioners to make that decision, either. So I'm glad that we have to go to the voters to talk about what our waterfront should be, and I hope we give them that chance. It'd take some time. They haven't even raised the funds for the autism experience that they're trying to put together. Maybe the voters say, "no." This resolution doesn't say we're in favor of it. It simply asks the Manager to analyze it and come back with a recommendation. And in the meantime of all this, we have a free park, with no risk, no threat of lawsuit, there's no value that's being taken from us, and we completely reserve our rights with -- what is it? -- a 30 -day get off the -- how long is it? Victoria Mendez (City Attorney): Immediately. Vice Chair Russell: Immediately. Tomorrow. We don't want you there anymore. Now it's our park. But right now, they are mowing the grass. There is no grass there, but they're there taking care of it. They've thrown some benches down. It looks horrible, and it's our City land. If we want it to be a park, if we want to spend probably a half million dollars to make it a good waterfront park, we could allocate that. But we got someone here who's offering to do it for us for free, with no risk to us. I really think we're complicating a very simple situation. This is in my district. It's something I care very much about. I've met with all parties involved. I've met with our departments about this. I know, Commissioner, that you care about it as much very well. And in the last meeting, you asked to go out and walk the site with them to see how they were planning on doing it, and I hope you did that, because it's before us now. I'd like to see us at least throw it to the Manager with this resolution so we can take it to the next step. There's no commitment within this resolution. It doesn't actually tangibly do anything, and that's why the only thing I wanted to add to this -- and I've already got the permission of the mover, and I'm the seconder -- to add the revocable license to simply improve the space for a open park for now. That's the motion and the second, and I do hope for some support here. Commissioner Carollo: Mr. -- City of Miami Page 46 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: I'm sorry, Vice Chairman. This -- unfortunately, this resolution just talked about giving it to the Manager -- Vice Chair Russell: Yes. Ms. Mendez: -- to research, review -- Vice Chair Russell: Yes. Ms. Mendez: -- talk with Asset Management, look at the concerns -- Vice Chair Russell: Yes. Ms. Mendez: -- with regard to the cross -easements and all that. Adding the addition of the -- give them the revocable license agreement now really wasn't part of this. Vice Chair Russell: It wasn't, and that's why we amended it, and the guy who was sitting here five minutes ago (UNINTELLIGIBLE). Ms. Mendez: No, I know. I'm just telling you that I think it may not be a proper amendment; that's what -- Vice Chair Russell: So a separate direction after this would be passed orfailed; is that kind of the idea that might be more appropriate? Ms. Mendez: I think what would be more appropriate is to follow this legislation, as drafted; for the Manager to come back, place it on an agenda. Vice Chair Russell: Right. But that was my first question before making the amendment, which was answered, was, "Does this legislation, if and once it passes, allow us to consider the revocable license for the green space?" and I was told it does not, it's not contemplated here. Ms. Mendez: It's not contemplated in this legislation, no. Vice Chair Russell: Right. So where is the harm, completely separate from this, then; we pass this now so he can do the research and come back to us with a consideration that we create a revocable license to improve the land for a green space separately, completed unrelated to this; no commitments, whatsoever, from either side? Ms. Mendez: I would suggest that that come back at another time. Chair Hardemon: If I may? Mr. Vice Chairman, and also Madam City Attorney, the resolution, as stated right now, it directs the City Manager to review the request from MCM (Miami Children's Museum) to expand MCM's footprint on Watson Island to enable it to provide a new entrance to guests and expand MCM's current program space; further directing the City Manager to return to the City Commission with a recommendation. The -- that is one thing. And what the Vice Chairman wants to do is to create a park space; that is another thing; not expand MCM; not give them another entrance space; merely to create a park space. And when I hear it that way, it sounds to me that they are very distinct, there is a major difference in them, and I think that him bringing a resolution at another meeting directing -- making that direction with a 4/5ths vote would be proper because of the way that it's put. And I understand that we've had this discussion together, and it kind of muddles the water a little bit, but when I read both of them separately -- a park versus --for a revocable license agreement versus an entrance and an expansion of the footprint -- City of Miami Page 47 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 it seems proper. So if -- I would ask them to draft it. It doesn't seriously (UNINTELLIGIBLE). I would ask them to draft it and then -- Vice Chair Russell: I'll withdraw the amendment, and I -- this is the third meeting in which I have brought up the revocable license to -- for that open park space, so I would like Administration to work on that, please, for the next meeting. Commissioner Carollo: The only other -- Vice Chair Russell: And we'll do them separately. Commissioner Carollo: -- point of information that I'd like to bring to the Manager so that once he goes through this, he could read that amendment very carefully, the amendment that was passed back in 19 -- November 1984 clearly states that in order for us to enter into any leases in waterfront property, among -- some of the things that had to happen were the following: One, you needed three bids for any property that we were putting out; three. Secondly, there had to be at least one, maybe two -- I don't remember right now -- appraisals of market value on the property. So if the Manager is going to recommend anything, I think he should take into consideration, figure out what the real market value is on the best and highest use in that property so that we know what the property's really worth. Ms. Mendez: Commissioner, you're absolutely right. In 1984, you did pass that amendment to 298, and those are the provisions that have to be followed. Subsequent -- Chair Hardemon: He passed that in 1984? Ms. Mendez: '84, yes. I believe it's '84. Ms. Spiegelman: Yes. Commissioner Carollo: '84. Ms. Mendez: He was a baby. Commissioner Carollo: Yeah. Ms. Mendez: Child prodigy. Vice Chair Russell: I was 11. Ms. Mendez: Subsequent -- Commissioner Carollo: And you guys got to thank me for leaving so much for you on the table. Chair Hardemon: Listen, listen, listen, man Commissioner Carollo: Yeah. It would have all been gone. You wouldn't have had this discussion here today. Commissioner Gort: Let's go. Ms. Mendez: Subsequent to that, in 2001, there was another referendum that allowed in Watson Island -- and this is under 29C -- that the City Commission, by a 4/5ths affirmative vote may authorize the issuance of a license or a concession City of Miami Page 48 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 agreement for a period not exceeding one year without the necessity of a referendum for the use of Watson Island. Commissioner Carollo: That was what year that that one passed? Ms. Mendez: 2001. Commissioner Carollo: '01. Commissioner Reyes: You said one year only for the license? Ms. Mendez: One year. Commissioner Carollo: Yeah. Commissioner Reyes: Only for the license. Ms. Mendez: Now, but it's a revocable license. Commissioner Carollo: Yeah. Ms. Mendez: So even though it could be given for a year, it could be revoked at any time. The only reason why I'm requesting that something like that not be heard today is because you have to hear it by a 415ths. Vice Chair Russell: Fair enough. Ms. Mendez: And it -- so those are the type -- but -- and that's why all of this can be with the review by the Manager and the departments and bring back the recommendation, and at that time or earlier, you can bring back the revocable -- possible revocable license agreement. Commissioner Carollo: Madam City Attorney, was that only for Watson Island or for all waterfront property; the amendment in 2001 ? Ms. Mendez: This is a -- Watson Island, specific. Commissioner Carollo: It was only Watson Island. Vice Chair Russell: 29C. Commissioner Reyes: Madam, who decides -- I mean, how is the process to revoke the license goes about it? It has to be a decision of the Commission, with only simple majority, it must have 415th, or it is the City Manager that decides? Ms. Mendez: The revocation, that can be described in the document, in the license that's -- whether the Commission wants to do it or whether they delegate that authority to the Manager. Commissioner Carollo: Well, the Commission always has that authority. Ms. Mendez: Of course. Commissioner Reyes: But how many votes? I mean, it has simple -- by simple majority or 415th, as is required now? Ms. Mendez: As of right now, I believe it's a simple majority. City of Miami Page 49 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 Commissioner Reyes: Simple majority. Commissioner Carollo: And then which is that last amendment that was added on? It was the second Carollo Amendment when I wasn't here. Ms. Mendez: The second Carollo Amendment has to do with the four years, so the -- you could say, "The Carollito Amendment. " No, I'm just kidding. The Carollo -- the other Carollo Amendment that happened a few years ago had to do with building and if property -- because we have had property that has taken long periods of time to build, that was a 29B change that would -- that the development would have to be done within four years, or it would have to be set out for referendum again. Commissioner Reyes: Okay. Chair Hardemon: You didn't do a bad job. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: You see, I know that the land now, it's just there and it's not being used. And -- but the potential for further development is there. This is a very valuable piece of land, and I always -- and I remember when Commissioner Carollo was proposing that amendment, and I, as a activist, City -- I mean, I wholeheartedly backed it, you see, and supported it, because I think that our City of Miami has given away too much. We had the airport; we gave it away; we had Water and Sewer, we did. And Watson Island, we have given Watson Island away, piece by piece. And my main concern about this is the following: This land has great potential. Granted, now it's not developed, but let's say that we grant a permit for this park, we grant this license, and here comes a potential developer that will bring millions of dollars to the City of Miami in additional taxes. So we already have a park. And we all know that once you have a park, to take a park away and develop that park, it's extremely difficult. That is going to be -- I mean, we are -- you are going to be called all kind of names. And my fear is, ma'am, that if we want to revoke your license, you'll -- the Children's Museum is going to fight it, publicly and probably legally, you see. That is my concern about this revocable license, you see. And what we're doing now, we are going to give you the land for just a period of time in case that somebody -- if somebody comes and wants to develop that piece of -- valuable piece of property, we can take it away and then we develop it, and we can use those funds to provide better services and to keep our taxes down. But once -- and I -- we all know that -- once you build a park, you see, it's almost impossible to go back. It's almost impossible to go back. I don't know if we can circumvent this in that way that we are -- there is a promise that'll -- or an agreement that they're not going to fight it, or that it is going to turn to the original -- I mean to the City of Miami, without any, any, either legal or public opposition, you see. Vice Chair Russell: That's what it is. And, in fact, their plan, if I understand it correctly, is to -- Commissioner Reyes: But that has to come from them; not from you. Vice Chair Russell: Their plan -- Commissioner Reyes: They have to say it. Vice Chair Russell: Excuse me. City of Miami Page 50 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Reyes: Yes, sir. Vice Chair Russell: Their plan -- Commissioner Reyes: No, wait, wait, don't tell me -- Vice Chair Russell: Please. Commissioner Reyes: Okay. Vice Chair Russell: We really need to work through the Chair. Commissioner Reyes: Okay. Vice Chair Russell: It's very hard for us to communicate -- Commissioner Reyes: Okay. But this -- Vice Chair Russell: --with each other if we're yelling over each other. Commissioner Reyes: --just keep it low. Vice Chair Russell: I've met with the applicants, I've met with our department. I understand their plan to actually improve the green space temporarily in order for them to then go to referendum and build this museum experience for the autistic children -- and normal children, as well -- to interact and be an added value for the community. This is their plan, and if it goes that way, by our Charter, and fully along all the lines, the voters will decide that they do or don't want that to be there; and if they do, the park would go away, and that would be built; if they don't, the park could stay. And under this revocable license, at any moment -- the next day, we could take it back. But what I contend to you is that the highest and best use isn't always about dollar signs, especially on the very special lands that we have. Sometimes it's about making a buck. Sometimes it's about making a place for our constituents, for our people. And it is value, but if you go out there and walk it, it's not a waterfront park. It is across the street from Chalks, an airport, and a heliport. It's a little piece of land right there; which, really, if you look at it and you can see it on the map, it almost lends itself to being apart of their entrance. It's just a blighted area. We may disagree on this. We may disagree on this. Fortunately, today, we're not deciding about the park concept; that's going to come back. All we're deciding on today is a vote simply of whether to let the Manager consider it and provide -- return to us with a recommendation. So as the district Commissioner, I'm simply asking to give that chance for them to come back with consideration. If there are profitable ideas that can go in conjunction with this -- we talked about it before -- we're open to it. We're open to it. Commissioner Hardemon talked about it, Commissioner Carollo talked about it. If there are ways to monetize this and achieve multiple goals, we're open to it. But that's something that can come back in the Manager's recommendation. Maybe his recommendation is, "I've done the appraisals and, you know, it's worth this much. We should at least try to get this out of it." Who knows what he comes back with, but I'd love to give him the -- that freedom to at least come back to us. Commissioner Carollo. Commissioner Carollo: Thank you, Commissioner Russell. And it's not what the Manager want to come back and dollars and cents; it's what a certified Florida appraiser will come back. Commissioner Reyes: Yes. City of Miami Page 51 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: And as I said, my memory is not as good as it used to be. It might have even been two appraisals that we needed; or maybe that was Doral, I don't know. But I know it's at least one appraisal that we're going to need for that to be kosher and legal. I could even consider the licenses for a year, but when we're talking about construction, the only way that I would be in favor of that is I see that we get a real appraisal based on what they should be appraising that property for, and we follow the guidelines. Just because they want it, they don't get it. We need to put it out for a bid; that's what that amendment stated, that voters voted upon. We needed three bids to put property out like that. And all of a sudden, I'm seeing that we want to go any old way to try to get around it. You know what this reminded me of? When I come back to see in the City of Miami, a city quite different than the way I left it, that if you're connected, you're protected; where Code Enforcement is for the little guy. For the big boys, they could do whatever they want in Code and have all the violations they want. They could have all the building violations, the zoning violations, and everybody's blind. Nobody sees anything and nobody takes the action that a city should take. And I'm seeing this in the same fashion. And, look, I'll be honest with all of you. I'd also like to keep my friends. I mean, Mr. Berkowitz, who I think the world of and I think he's got some great projects and was a great supporter of mine, you know, he'll probably end up being ticked off with me, and a lot of other people that are friends of mine on that side. But I didn't come hereto do what's popular for some. I came back to do -- based what I think is correct, and the principles that I think I should follow. And if the Manager gives me a straight appraisal from someone that's certified, we get three bids on this, I'll follow the law. I'll go along with this. But what I'm not going to do is do another sweetheart deal for anyone, because, you know, the Children's Trust -- how much do you all get from the Children's Trust, if I may ask, ma'am, approximately? Ms. Spiegelman: Approximately half a million dollars. We have -- Commissioner Carollo: Halfa -- Ms. Spiegelman: Would you like -- Commissioner Carollo: -- million dollars a year. Ms. Spiegelman: -- me to explain what that goes for, sir? Commissioner Carollo: Well, it don't matter. Ms. Spiegelman: We have three after-school programs; two of which are in Liberty City and one is at the Miami Children's Museum. We serve 200 children every day for after school. Commissioner Carollo: I'm sure that it's good -- Chair Hardemon: What program do you have in Liberty City? Ms. Spiegelman: I'm sorry? Chair Hardemon: What program do you have in Liberty City? Ms. Spiegelman: We're at Kelsey Pharr Elementary, and we are at Charles Drew Elementary. We have 60 children every day at Charles Drew, and 105 at Kelsey Pharr that come to our after-school program and will attend summer camp at the Children's Museum, completely free and subsidized. City of Miami Page 52 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: And the whole half million goes to that? Ms. Spiegelman: Yes, sir; it does. Commissioner Carollo: Well, that's good. That's great. Chair Hardemon: You said they travel from Charles Drew to -- Ms. Spiegelman: Yes. Chair Hardemon: -- MCM? Ms. Spiegelman: Mm-hmm, by bus transportation. Commissioner Carollo: What are your rates for kids that want to come and seethe museum? Ms. Spiegelman: City of Miami residents attend the museum for 50 percent off our base admission. Commissioner Carollo: Which is how much? Ms. Spiegelman: The base admission is $20. Florida State residents attend for $15, and City of Miami residents attend -- are 50 percent, per our lease agreement. Commissioner Carollo: Which would be $10 or --? Ms. Spiegelman: Yes, sir. Commissioner Carollo: Okay. Ms. Spiegelman: In addition, our field trips are subsidized, and they run about $5 per child. And we offer -- we had approximately 50,000 children, the majority of which were from City of Miami parks and schools, come in for free. Our lease asked us to provide $75, 000 a year of free and scholarship admissions. This past year, we provided about 300,000 in free admission and field trips. Commissioner Carollo: Okay. Would there be any problem --and I certainly respect this -- you're a private organization -- if you don't want to -- would there be any problem if we could see what your total budget is and where the monies come from, and where the expense are going? Ms. Spiegelman: Oh, of course; it's -- our 990 is filed publicly, and we submit our annual budget and audit to the City of Miami, I believe, by October 1, per our lease. I'm not -- Commissioner Carollo: Could you send me a copy to my office? I appreciate it. Ms. Spiegelman: Of course. Commissioner Carollo: And, look, your -- Ms. Spiegelman: Do you want it before your visit or do you want -- I'm happy -- Commissioner Carollo: You could give it tome when Igo there -- Ms. Spiegelman: Okay. City of Miami Page 53 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: -- next week. Ms. Spiegelman: Next Friday. Commissioner Carollo: Yeah. You know, your rates are reasonable and it's -- Ms. Spiegelman: I think we're most proud of the fact of what we do in partnership with the City of Miami, above and beyond what's stipulated in our sublease agreement, because we are very proud of the partnership that we have with you and with the residents of the City, and we're very accessible. We want to be accessible. The third Friday of every month, we receive about 1,500 to 3,000 children and families for free, and that's through a grant program. And this is all in excess of anything that's required in our lease. Commissioner Carollo: Well, that's very good that you're doing that. As I said before, the charter school, that's never been approved or legalized by the City Commission. If you're going to have a charter school there, I think we need to legalize it so that, you know, we move doing things correctly. We're a country, a city, a nation of laws, and if, you know, we've been looking the other way on this, when everybody knows it's there, and it's never been approved, then we should approve it; or if for any reason -- Ms. Spiegelman: Commissioner, the charter school -- Vice Chair Russell: Mr. Chairman. Ms. Spiegelman: -- do you want me to -- Vice Chair Russell: There is literally an accusation just now that there is an illegal school that we need to legalize -- Commissioner Carollo: Well, this is what I was told -- Vice Chair Russell: -- and -- Commissioner Carollo: -- when I came here; that it had never been approved, that it had never been voted by this Commission so they could have it there. And I'm not making a big deal out of it, Commissioner. Ms. Spiegelman: In our -- Commissioner Carollo: All that I'm saying is that this Commission, beyond giving the land, beyond giving monies, beyond giving millions in revenues inputting lighted billboards has also, you know, looked the other way on this whole thing with the charter school. Ms. Spiegelman: Commissioner -- Commissioner Carollo: And what I am -- yes, ma'am; go ahead. Ms. Spiegelman: -- I'm sorry. There's a State statute -- Commissioner Reyes: Yes. Ms. Spiegelman: -- that permits the charter school to be located within a number of different facilities, and museums are specifically listed. In our lease agreement, our City of Miami Page 54 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 lease specifically states that the Children's Museum can operate its facility in any other -- I think the language is "ancillary to the operation of a Children's Museum, " and by providing children with an education and actually extending their classroom into the galleries, it has proven that these kids are exceeding and going above and beyond the benchmarks of Dade County. Commissioner Carollo: I'm not arguing that at all, because I'm sure you're right in that aspect of what you're saying. What I am strictly saying is that, based upon the information that I received when I came back, that's exactly what I was told; that when this was originally voted upon -- and I believe it was 2001, correct? Ms. Spiegelman: We opened in '03. I think it was 2000/2001. Commissioner Carollo: Yeah, but what it -- but it was open in '01. Ms. Spiegelman: Mm-hmm. Commissioner Carollo: And I was Mayor here at the time, so, you know, and I certainly didn't veto it, did I? Ms. Spiegelman: No, you didn't. Thankyou. Commissioner Carollo: But -- Ms. Spiegelman: You've always been very supportive, and we're most appreciative of that. Commissioner Carollo: Well, and I am. I think you've done a good job. And I don't like to take this position, but, look, I have to look at all of the City of Miami; it's just not one area. Commissioner Reyes: Oh, absolutely. Commissioner Carollo: And I have to find dollars for this City. And to give you another over half an acre of land that's so valuable, you know, I -- it's going to be very difficult for me to be convinced. Ms. Spiegelman: You know, I think when you come out and see exactly the proximity of this property, you'll be able to gain a better understanding that it truly is our front door, and it's property that is bordered by other lease encumbrances, other tenants on the island. We've gone through a number of different surveys and have all of that information, which we've provided to the different Commissioners at our meetings, and I think once you're able to see, with all due respect, you'll have a better understanding that this isn't property that could necessarily be accessible for a sole standing use. Commissioner Carollo: Well, I -- Chair Hardemon: If I may -- Commissioner Carollo: -- will see it clearly. And look, I -- as I said already, am not against the fact that you might need to spruce it up and that you could spruce it up. What I'm concerned about is when you're talking now about building and forever not being in the City of Miami's possession; and particularly, what I'm seeing that it's not following the process of what the Charter said. That's why I brought out some of the key facts of what was approved by the voters in November of '84 that need to be followed. City of Miami Page 55 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Spiegelman: Our leadership is and myself -- Chair Hardemon: But let me say -- Ms. Spiegelman: -- are very committed to following everything. Chair Hardemon: -- we've been on this resolution for some time now. We've discussed many things that are related to the resolution but are not a part of the resolution. This resolution empowers the City Manager to meet with MCM to have this discussion. And certainly, Commissioner Carollo, your concerns are legitimate, and they should be considered, and they should be talked about with the City Manager, et cetera. These are all important things that I'm sure this body's going to want to consider when it's time to decide whether or not you're going to allow an expansion or any building or Watson island, if it allows any expansion or building on Watson island, because the competing interests are clear. Every point that was made for MCM, against MCM -- or rather, for MCM and for more --for a larger building on Watson Island I think are legitimate, and those are things that we have to talk about. I just don't think that we have to talk about them now. Right now what we need to discuss is the resolution. The amendment was taken away from the resolution, so right now the resolution stays as it is. Commissioner Carollo: Chairman, you're right. Let's call the question. Chair Hardemon: Right. Commissioner Carollo: We've spent enough time on this. We're approving the resolution as is. Chair Hardemon: It's a resolution. And we certainly have the right to vote against this resolution, because you don't have to lead that horse to the water, but I think this is good enough to just -- Commissioner Carollo: I -- yeah, I don't -- I'm not going to vote against it, because, as I stated, if the Manager comes back with what the original voter amendment that was passed says you had to do that, "Look, we might get a good deal on that piece of property, " I'm willing to hear it. Chair Hardemon: And I'll tell you --and I'm going to call on you -- Commissioner Reyes: Sure. Chair Hardemon: -- Commissioner Reyes. MCM should probably start to consider other spaces that may become available, because land is changing; just as a plan "B," but I know very smart people always have a plan "B" and a plan "C." But there's certainly parts of our neighborhoods that would welcome an MCM structure that's close to downtown, that, you know, is still attractive, can still get some incentives to help develop it; other friends and other people to chip in on making that a reality, if MCM ever had to move. I just know that there are communities that would welcome an MCM in its neighborhood, and I say that just because when you have a leasehold -- Ms. Spiegelman: Are you telling me to go home and pack? Chair Hardemon: No, no. I'm telling you, when you -- I just know that when you have a leasehold, you have -- City of Miami Page 56 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: That's not what he said. Chair Hardemon: -- to be prepared for the leasehold to expire, and I think everyone understands that. Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: You know, you can't expect to have something forever if it's a leasehold. Sometimes people want their -- They say, "I want my stuff back." When we were all kids, we let someone borrow something; they play with it too long; "I want my bike back." You know, "My mom told me to askfor my bike back." So, you know, it is what it is sometimes, but we're not there, and I don't want to -- Ms. Spiegelman: I think we got a few more years. Chair Hardemon: -- (UNINTELLIGIBLE). Yeah. Commissioner Carollo: Well -- Ms. Spiegelman: I'm not going to be around then. Chair Hardemon: Right. Commissioner Carollo: --- to end it on a positive note, let me congratulate you and the Museum Board for looking at something that is affecting the families in a way that few areas have in a long time, and each day it's more families with autism. You're looking at an area that's especially close to me at home also, because my wife's younger son has autism, so I understand quite a bit on it. I've learned to understand it, and few people are willing to get into it. I will tell you this: I remember not that many years ago -- and I really got mad at this one -- he applied because, you know, he's -- Autism, as you know, has many extremes, many kinds. Einstein had autism. Bill Gates supposed to have autism. (UNINTELLIGIBLE) had autism, so it's a wide range. But he applied at a charter school that I won't name in the City of Miami, and the minute they heard the "A" word, she never heard from them again, and that bothered me, because it shouldn't be that way. So I compliment you in what you're doing. Ms. Spiegelman: Just to end on a very positive note, one of the programs that we're incredibly proud of is the third Saturday -- second Saturday of every month is called "Sensory Saturday, " where we open at a very low rate for children and families with autism. And this past summer, we had eight young adults -- not children -- who worked at the Children's Museum, and it was rewarding for our team members and our full-time team members, as it was for those young adults that had an opportunity to work. And currently, I think we have three young adults that have jobs, working in various places at the Museum -- Commissioner Carollo: Well, that's -- Ms. Spiegelman: -- with autism that are on the spectrum. Commissioner Carollo: --great. God bless you for that. That's great. Ms. Spiegelman: Feel good about it. Chair Hardemon: Commissioner Reyes. City of Miami Page 57 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Reyes: Yes. I just want to --for the record, I want to state that I don't have anything against the Museum. I have taken my grandson many, many, many times there, and we had a wonderful time. I was only expressing my concern that if future development will come that it is not an impediment for that development to take place, because as Commissioner Carollo says, I was selected for this -- by -- I mean, to represent District 4, but the title said, "City of Miami Commissioner. " Everything that affects the City of Miami, it is of my concern. And that was the only thing that I was trying to bring out about that; what would happen if there's somebody that -- or there's a potential development there, what would happen with that park? That was my only concern. Ms. Spiegelman: Understood. Commissioner Reyes: Okay. Sure. Commissioner Carollo: I want to thank you for being so professional, being so elegant -- Commissioner Reyes: Yes. Commissioner Carollo: -- and taking some tough criticism, so I -- you know, I think that speaks highly of your organization. Ms. Spiegelman: Thank you, sir. Commissioner Carollo: Thank you. Ms. Spiegelman: Thank you all. I genuinely appreciate the support that we've had for many, many years from the City of Miami and certainly from the families and residents of the City. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Spiegelman: Thank you. City of Miami Page 58 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 RE.2 RESOLUTION 3451 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BIDS RECEIVED NOVEMBER 21, 2017 PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 754382 FROM JURNEY & ASSOCIATES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER ("PRIMARY'), AND INTERNATIONAL INVESTIGATIVE GROUP, LTD., INC., THE SECOND LOWEST RESPONSIVE AND RESPONSIBLE BIDDER ("SECONDARY'), FOR THE PROVISION OF PRE-EMPLOYMENT POLYGRAPH EXAMINATION SERVICES FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENT OPERATING BUDGET AND, AS REQUIRED, FROM OTHER END-USER DEPARTMENT FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO ADD SERVICES AND VENDORS TO THE CONTRACT AS DEEMED NECESSARY BY THE CITY MANAGER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0069 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Reeord: For minutes refereneing Item RE.2, please see Item AM.]. City ofMiarni Page 59 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 RE.3 RESOLUTION 3537 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A PURCHASE AND SALE AGREEMENT Management ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND THE VALENCIA GROUP CORP., A FLORIDA PROFIT CORPORATION ("VALENCIA GROUP"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2484 SOUTHWEST 24TH TERRACE, MIAMI, FLORIDA ("PROPERTY'), CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 11,500 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, ATTACHED AND INCORPORATED, FOR A TOTAL PURCHASE PRICE OF FIVE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($575,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 40- B40507, CITYWIDE PARK EXPANSIONS AND LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED SIX HUNDRED TWENTY THOUSAND DOLLARS ($620,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item RE.3 was continued to the March 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item RE.3, please see "Order of the Day. " City ofMian ni Page 60 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 REA RESOLUTION 3538 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A PURCHASE AND SALE AGREEMENT Management ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND CARLOS FERNANDEZ FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2201 SOUTHWEST 26TH STREET, MIAMI, FLORIDA ("PROPERTY'), CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 5,250 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, ATTACHED AND INCORPORATED, FOR A TOTAL PURCHASE PRICE OF FOUR HUNDRED TWENTY NINE THOUSAND DOLLARS ($429,000.00), CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A LICENSED STATE OF FLORIDA CERTIFIED APPRAISER ESTABLISHING THAT THE APPRAISED VALUE OF THE PROPERTY IS AT A MINIMUM THE REFERENCED AMOUNT HEREIN PURSUANT TO ALL LEGAL REQUIREMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY TO EFFECTUATE SAID ACQUISITION, WITH FUNDS ALLOCATED FROM THE CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 40-1340507, CITYWIDE PARK EXPANSIONS AND LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY THOUSAND DOLLARS ($470,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-18-0070 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Reeord: For minutes refereneing Item RE. 4, please see Item AM.]. City ofMiarni Page 61 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 RE.5 RESOLUTION 3528 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Management and YEAR 2017-18 MULTI-YEAR CAPITAL PLAN ADOPTED WITH Budget MODIFICATIONS ON SEPTEMBER 19, 2017 PURSUANT TO RESOLUTION NO. 17-0445 AND AS SUBSEQUENTLY AMENDED ON SEPTEMBER 28, 2017 PURSUANT TO RESOLUTION NO. 17- 0475, ON OCTOBER 12, 2017 PURSUANT TO RESOLUTION NO. 17-0489, AND ON NOVEMBER 16, 2017 PURSUANT TO RESOLUTION NO. 17-0541, REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND GRANTS IN PROGRESS. ENACTMENT NUMBER: R-18-0071 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. S, please see Item AM.]. RE.6 RESOLUTION 3522 A RESOLUTION OF THE MIAMI CITY COMMISSION SETTING Commissioners AND ESTABLISHING THE SALARY AND COMPENSATION FOR and Mayor MAYOR FRANCIS X. SUAREZ WITH A MINIMUM SALARY OF NINETY-SEVEN THOUSAND DOLLARS ($97,000.00) ANNUALLY. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 6, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City ofMiarni Page 62 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 RE.7 RESOLUTION 3652 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION, IN CONSULTATION WITH THE Commissioners HOUSING AND COMMERCIAL LOAN COMMITTEE AND THE and Mayor OVERSIGHT BOARD THAT WILL BE CREATED IN THE FUTURE TO OVERSEE THE MIAMI FOREVER BOND, TO REVIEW RADICAL PARTNERS, LLC'S "100 GREAT IDEAS" HOUSING AFFORDABILITY REPORT AND SUBMIT ITS FINDINGS AND ANY POLICY PROPOSALS CONTAINED IN THE REPORT THAT CAN BE PRACTICALLY IMPLEMENTED IN THE CITY OF MIAMI TO THE CITY COMMISSION. ENACTMENT NUMBER: R-18-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see "Public Comment Period for Regular Item (s) " and Item AM.]. RE.8 RESOLUTION 3664 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA Commissioners LEGISLATURE TO ENACT LEGISLATION THAT WOULD AMEND: and Mayor (1) CHAPTER 201, SECTION 201.031, FLORIDA STATUTES, ENTITLED "EXCISE TAX ON DOCUMENTS/DISCRETIONARY SURTAX; ADMINISTRATION AND COLLECTION; HOUSING ASSISTANCE LOAN TRUST FUND; REPORTING REQUIREMENTS," TO CREATE A MUNICIPAL DISCRETIONARY SURTAX PROGRAM; (2) CHAPTER 166, FLORIDA STATUTES, KNOWN AS THE "MUNICIPAL HOME RULE POWERS ACT," TO AUTHORIZE MUNICIPALITIES TO LEVY A DISCRETIONARY SURTAX ON DOCUMENTS FOR THE PURPOSES OF ESTABLISHING AND FINANCING A HOUSING ASSISTANCE LOAN TRUST TO ASSIST IN THE FINANCING, CONSTRUCTION, REHABILITATION, OR PURCHASING OF HOUSING FOR LOW- INCOME AND MODERATE -INCOME FAMILIES; AND (3) CHAPTER 125.0167, FLORIDA STATUTES, ENTITLED "DISCRETIONARY SURTAX ON DOCUMENTS; ADOPTION; APPLICATION OF REVENUE," TO ACCOMMODATE THE MUNICIPAL DISCRETIONARY SURTAX PROGRAM WITHIN EACH COUNTY OF THE STATE; FURTHER DIRECTING THE CITY MANAGER TO MAKE THIS A STATE LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2018 LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-18-0072 City ofMiarni Page 63 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Reeord: For minutes referencing Item RE. 8, please see Item AM.]. RE.9 RESOLUTION 3347 TO BE WITHDRAWN Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION Attorney AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO CONTINUE THE RETENTION OF ALLEN, NORTON & BLUE, P.A., AS THE CHIEF LABOR NEGOTIATOR AND OUTSIDE COUNSEL FOR SPECIAL LITIGATION SERVICES FOR JUDICIAL AND ADMINISTRATIVE MATTERS ARISING OUT OF THE COLLECTIVE BARGAINING PROCESS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; FURTHER AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO ENGAGE ADDITIONAL PERSONNEL, AS NECESSARY, FOR THE BEST INTERESTS OF THE CITY. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.9, please see "Order of the Day. " END OF RESOLUTIONS City ofMiarni Page 64 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 1-11111211111-111Biel NkI BU.1 BUDGET DISCUSSION ITEM 3238 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: What I'd like to do is have BUJ taken care of, please. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. We are now one third of the way through the fiscal year, and the memo went out this morning to all of your offices, so I'm not going to take up the Commission's time by going through too much of it. The last two reports I've given were rather lengthy, so this one's going to be a little shorter. We are currently projecting $28.2 million of budget surplus; and I want to say, budget surplus in the current fiscal year. That does not mean that we will increase the fund balance of the general fund by 28.2 million, because we are using $17.4 million of prior year revenues -- prior year fund balance -- to do capital projects, so it's really a net of 11 that we would be increasing the City's general fund reserves over time. That $28.2 million is $1.3 million lower than the number I gave you last month. It is still very early in the fiscal year, but we are doing our projections as we should. You can read about what we're preliminarily looking at in the midyear budget amendment that will be coming on April 22. It is in progress. We're looking at a lot of different things. And then, finally, I want to alert you that the Federal budget proposal has come out this past two weeks ago, and we're watching what happens in there. There are some things that will affect the City in there; in particular, it calls for the elimination of the CDBG (Community Development Block Grant) Program and a few other programs that are in there. There are many steps left in the Federal process, but we are keeping an eye on it. I'll be happy to take any questions you have at this time. Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Thank you for giving us the numbers of the surplus that we have. Now, let's talk reality. What potential liability do we have that we're looking at? Mr. Rose: We've been through some of those in the past reports; there are, of course, legal settlements that are not in that number, and there are labor negotiations that are not in that number. Commissioner Carollo: Legal settlements in the tens of millions. And if, in the next week or two, we lose a major court battle, and it's not smelling good, we could be seeing anywhere from 50 and above, maybe, to the whole 135 million they're asking for, plus attorneys' fees; that's one. We have numerous other little ones that -- 10 City of Miami Page 65 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 here, 12 there, two here, one there, and 100,000 here, 100 there, but it adds up to real money and millions of dollars. Mr. Rose: Yes, sir. Commissioner Carollo: On the other hand, we have the case of the FOP (Fraternal Order of Police), the Firefighters, that who knows what the number is on that, but it's bigger than, I think, anything that I mentioned in numbers already. Now, out of that 28 million, how much is really left -- even putting all this aside that I mentioned -- when we take out other commitments that we have in that? Mr. Rose: The 28 million is what we're projecting to finish the year with right now, so that is everything that we can see that is definite. Commissioner Carollo: But that's because we carry our money from the previous budget into this one, correct? Mr. Rose: Yes, sir. That would reduce it by 17 million, as adopted in the City's budget for the current year, so from 28 down to about 11. Commissioner Carollo: To about 11. Okay. So that makes the reality of what we're facing. Without even thinking about the big debt that we're going to be looking at in one form or another, how many more years do we have before we're spending more than we're bringing in? Mr. Rose: The adopted five-year plan that we have has almost identical revenues and expenditures going out for the five years. That was based on a 7 percent tax roll growth for next fiscal year -- Commissioner Carollo: Which is not realistical [sic] to keep going up this high. Mr. Rose: -- and then five years each of the years there -- 5 percent each of the years thereafter. So at the moment, we think that's a conservative number, .7555, but we have been in contact with the City's Property Appraiser to see if we can get a beginning number, where it looks for the next year. We're not there yet; it's still too early in their process, as well. So we're going to have to wait till June I to get the real number. Commissioner Carollo: I will tell you -- and I don't have a crystal ball; it's just my feet in the ground -- that it's not going to be realistical [sic] to be looking in the next five years at .75555; plus don't forget the conversation that we all had not that long ago. The reality is before the five years. So I want to bring this out so that people understand where we're heading; that if we don't bring in new recurring revenue -- and none of us here is going to be willing to do it by raising taxes -- but we get creative with the properties that the City of Miami owns to get the best and highest value from them in leasing them, and at the same time, in ways that we could all enjoy them; not just look at them picking up dust year after year and costing us money -- if we don't get creative in that way and come up with new ideas to bring in revenue to the City of Miami, it's not going to be pretty, because we're going to have to cut services, not have as many employees, and this is part of what we have to wean out of. The City of Miami has had its financial foundation based upon real estate. If the real estate market is doing great, then we're spending up here money like drunken sailors, and we don't save for the rainy day. Then when the real estate market goes down -- and that's the way that it works, you know; go up for "A" many years, then it goes down for "A" amount of years -- when it goes down, then we're in the financial urgencies, and we don't have any money that we kept, and we don't know what to do. And this is why we're in trouble now, because in the years that it City of Miami Page 66 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 got good, after 2001 that I left the mayorship [sic], we didn't save any money. When I left this City, we had about a hundred million dollars in reserves. I took it with a 50 percent deficit. When I left, a hundred million in reserves. Came the good years, and then when the market went down again, we didn't have the reserves needed. And then, when the new Administration took over in 2009, nobody wanted to bite the bullet and do what they had to do, like was done in the past. So the easy way was going at the lowest guys in the totem pole, the employees of the City of Miami. So the City declared financial urgency. We took a big chunk of change from the employees. The courts -- the Supreme Court of Florida, by the way; not just any court -- hasn't ruled too favorably towards us. So we're going to be facing the piper soon enough. The question is, "For how much?" I just hope the employees are going to be as reasonable as they always have been, because they know it's their City, too. But the financial situation is not a stable one; that's why whichever way we decide to spend money has to be looked upon very carefully and soundly that we spend it in the best way for the City. Thank you, sir. Mr. Rose: Thank you. Commissioner Reyes: Sir, I want to continue with the same line of thought that Commissioner Carollo has. And I want to know, what is our fund balance? I mean, what is our reserves? How much we have in reserves right now? Commissioner Carollo: About 161 million. Commissioner Reyes: 161 million. Mr. Rose: Commissioner is correct. Commissioner Reyes: How much is mandated? Mr. Rose: There's -- 84 million of that is restricted. Commissioner Reyes: Restricted? Mr. Rose: Yes, sir. Commissioner Reyes: Half of it, just say. I know that Commissioner Carollo say that doesn't cover even a third of the liabilities that we can face. And as --just as he said, we are very much dependent on real estate. Mr. Rose: Yes, sir. Commissioner Reyes: And when we talk about real estate, we may -- we're talking about real estate development, you see. The more that we increase our development, the more that our tax base will increase, and the more funds that we're going to get, and that is why I think that we should try to work real fast into getting our -- I will say our Building Department, our Planning Department, our Zoning Department to expedite future developments that they are in the drawing board right now. I know that there is funds that are being set aside to bring some technology that will do it, and I want to request, City Manager -- Mr. City Manager -- that we move fast on it so we can get all those projects underway, because, as Commissioner Carollo said, pretty soon, we have to pay the piper. And given the mistakes of the past, we're going to be in this predicament that -- future predicament that I foresee that we're going to be seeing our self into, and try to minimize the effect of by bringing additional funds. Okay? Thank you, sir. Chair Hardemon: Thank you very much, sir. City of Miami Page 67 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 68 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 91a911;�d11*9101kiIkIA►yi1.1 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. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DIJ, please see "Order of the Day. " Chair Hardemon: Calling the February 22, 2018 meeting back into order. We were going through our regular agenda. I think that we have two things that are left; one is the status of the 2018 budget, and the other is the discussion item on the Sea Level Rise Committee by the chairman, Wayne Pathman. I believe I did see him earlier. Is he sitting here now? Barnaby Min (Deputy City Attorney): Yes, he's present. Chair Hardemon: Yes? Okay. So what I'll do is I'll have Mr. Pathman take the dais -- I'm sorry; not the dais, but the lectern. And you have your team with you, as well? Wayne Pathman: I do, Mr. Chairman. Chair Hardemon: Yes. Mr. Pathman: Good afternoon, Commissioners, Mr. Manager, Mr. City Attorney. My name is Wayne Pathman, and I have the pleasure of serving as the chairman of the City of Miami Sea Level Rise Committee. With me today is your Chief Resilience Officer, Jane Gilbert. I was going to give Jane the opportunity to speak first before I comment on the committee's annual and quarterly report. Jane. Jane Gilbert: Thank you, Wayne. Good afternoon. Jane Gilbert, Chief Resilience Officer and Miami resident; really excited to provide all of you a very quick update on some of the initiatives related to how we're strengthening the City's resilience overall; and specifically, to sea level rise and climate change. The momentum on our work has really picked up in the last few months, and it's really critical that that's the case, given the increasing demand and need for a well -considered, but clear forward path on our plans to mitigate current and future risk. The role of the Sea Level Rise Committee is to serve as a volunteer advisory committee to the Commission to advise and help frame legislation to be considered by you, the Commission, for enhancing the resilience and sustainability of the City's communities from the impact of sea level rise. The committee members are highly respected in each of their diverse fields, including marine science, public health, land use, disaster recovery, real estate development, architecture and County level resilience; and are also recognized locally, and nationally in some cases, for their specific work around sea level rise. They are -- come with an incredible amount of high passion and commitment, and sense of urgency to make Miami resilient. The Sea Level Rise Committee meetings also serve as a very valuable public forum, City of Miami Page 69 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 where our residents and other people concerned about our resilience to climate change have come and get to express their concerns, as well as a forum for inviting and all of us learning about the best new ideas out there for addressing this challenge. We've -- and this challenge really requires all hands on deck. And so, actually, at the committee meetings, we make sure that we also have representatives from our Public Works, Planning, Building Department, Capital Improvements; they're all there, both helping to respond to questions from the committee, but also learning from our residents and from the committee members. So the -- I'll let Mr. Pathman and other representatives of the committee to speak on their accomplishments and priorities this year, but I just wanted to highlight a couple of recent successes we've had as an Administration to secure more resources and innovation to approach these challenges. Last month, we launched -- thanks to a grant from National Fish and Wildlife Federation, we launched a partnership with Frost Science and Miami -Dade County to demonstrate how we can build our community resilience through citizen -active restoration of our ecosystems, particularly out in Virginia Key. This month, we began working with Van Allen Institute to plan for a resilient redesign of Jose Marti Park. Last week, we received preliminary approval from the County for 2.7 -- $27.8 million in post -Irma hazard mitigation funding. This will undergo FEMA (Federal Emergency Management Agency) review later this year. But some of the projects designed specifically to deal with our flood risk include an enhanced seawall for Brickell Bay Drive; flood mitigation infrastructure for Shorecrest; a project with -- that we're doing in partnership with Miami -Dade County and Miami Beach to install 150 flood sensors throughout the City, and its associated telemetry; and then, finally, funding to address drainage complaints throughout the City; real excited about that. And then, just yesterday, it was announced Blumberg Philanthropy selected Miami amongst 35 cities across the nation to be part of their 2018 Mayors Challenge. We're going to be working together on an associated -- separate but related projects with Miami Beach. In Miami, we're working in partnership with our Chief Innovation Officer on a pilot to create a data platform to assist us, not only at the City for data -driven decisions around mitigating risk, but also our residents and what they can do to mitigate the risks of their properties; so very excited. In addition to those awesome grant opportunities, some of our priorities for 2018 include working with the County and Miami Beach on drafting this comprehensive resilience strategy, and I encourage you to go to resilient305. com, where you can see where all our work is to date; our preliminary resilience assessment. You'll see it's a very comprehensive approach to resilience. And we're now looking for your idea -- I welcome your input -- if you want an update on the strategy -- welcome your input for strategy, short meeting, long term could be around some of our top stressors; could be the youth violence, was -- big topic today; affordable housing, transportation; some of our biggest -- certainly disaster recovery. So all of those are going to be part of the strategy. We're looking for strategies that are actions initiatives where leveraging this interjurisdictional partnership, leveraging innovation and technology; and specifically, with the equity lens is going to help move our community forward. Anyway, other -- another priority is our Interdepartmental Resilient Infrastructure Committee. It's going to formalize design guidelines, taking sea level rise and climate change into account for all our infrastructure, but particularly to make sure all our infrastructure funded under the bond, Miami Forever Bond will be built to the highest resilience possible, and working with the Sea Level Rise Committee to further bring recommendations to you on changes to Code and land use policies to strengthen our resilience; and finally, once contracted, to work with the Storm Water Master Plan Development Team to ensure that that's the most timely, comprehensive, inclusive, and innovative approach we can possibly have to sea level rise. So in short, we're making great progress, and we have a huge amount of work to do. We'll only be as successful as we all embrace this challenge of climate change together, and through that process that all Miami -- make sure that all Miamians have the City of Miami Page 70 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 opportunity to thrive, both now and in the future. And with that, I'm going to turn it over to our chair, Mr. Pathman. Thankyou. Mr. Pathman: Thank you very much, Jane. Again, Wayne Pathman, on behalf of the City of Miami Sea Level Rise Committee; like to first just go over a few of the things that we've done over the last year, 2017/2018. We've had 10 regular monthly meetings; three Building and Planning, Zoning workshops; and one social thing, where we invited some of the public to come and address us, and find out about what it is that the committee does. In 2018, to date, we've had one regular monthly meeting, and two Building and Planning and Zoning workshops. The workshops are intended for us to work with the City staff to try to reshape Miami 21. And Reinaldo Borges, one of the members of our committee who is here today, is one of our preeminent architects in the community. He's going to talk a little bit about the initiatives that he's taking on behalf of the committee with the staff. One of the other things that we were able to accomplish, a key accomplishment for 2017, was working with former Mayor Regalado on the GO (General Obligation) Bond. We felt that was a very important initiative. We feel that the issues that --other than what you will do in the future deciding how that money is applied, but the fact that the community, the citizens spoke up and said, "We want to support this bond; it's time to look at our infrastructure, try to take sea level rise and flooding seriously, " we felt that that was a very important stride for the committee to be very active in that initiative. In addition, in April of 2017, our quarterly Commission appearance, where I had stressed to the Commission, the Commission unanimously accepted the idea of hiring outside resources to help the Administration achieve goals with regards to being able to redo Miami 21, to make it a more resilient Code. I would ask you as a Commission to look back at what you had already approved and take the initiative to put out an RFQ (Request for Qualifications) so that we can have the outside help that the Planning Department and the Administration needs to move forward on the recommendations that both are coming from the Resilience Office and from the committee. This is a very important initiative. You hear a lot about, you know, water coming. When is it coming? How high will it be? And when you hear, "the end of the century," you think you have a lot of time. But the truth is, what's coming first is the economics. Banking is changing; insurance is changing; bonding is changing. I believe in five to seven years, the Federal Flood Insurance Program will convert to risk assessment insurance. If they do that, it's going to be devastating to property values here in South Florida. So how do you combat that? It's not that hard when you really think about it. What they're looking for, there's -- if you understand insurance companies, it's risk. They want to see their risk lowered. So we need to start instituting programming for the next 25 to 40 years; doesn't have to be funded today, but we need to implement programming, saying, "This is what we are going to do to our community, to our City, over the next 25 years." That will hold off some of the insurance crisis that's coming. I've had the pleasure of meeting with people very high up in FEMA, including the Assistant Director, and he's assured me that risk-based assessment is coming in the five -- next five to eight years. I believe it will happen sooner, because I know how much it's been discussed in Congress, and I was privy to some of those meetings. To me, that is one of the most important issues that this community -- not just Miami, but all of South Florida -- will be facing soon, and that will shape the future, because if risk assessment drives down property values, and makes people think that this is not an area that they should continue to develop, you won't be able to implement the programs in the future, because there'll be no money. And you can find plenty of information to back up what I just said. That will affect banking; banking will be affected. Once banking is affected, banks who really help our community grow and prosper may not be willing to give 30 year mortgages. They might give you a 30 year amortization, but you'll get a 15 year mortgage, and it'll be very difficult to -- for a bank to want to look beyond that 15 year period as to how their collateral might be impacted in, let's say, 2050. This is really something that's right around the corner if you consider City of Miami Page 71 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 that in 2020, if you look out 30 years, you're at 2050. Well, that's what banks do; that's what insurance companies do. So we have to do something to give them a sense of security. I can tell you in my private practice, I represent now two institutional lenders that are asking me to evaluate their portfolio here in South Florida, to evaluate what they want to do going forward, and how they want to lend money going forward, based upon what they see happening in the community. So these are things that I implore you as a Commission to undertake and understand. Bonding is also going to be affected, and I'm sure all of you are familiar with bonding. Moody's wrote an article -- or published an article -- about a month and a half ago, saying that, going forward, risk assessment based upon flooding and sea level rise will be part of their structure in terms of determining whether or not they wish to bond a project for more than 25 years. This is something that the City should pay attention to. We have had the opportunity to do something a little bit different at our committee. We actually took -- as you know, we meet here in the Commission chambers, but we took our show on the road, so to speak, to the Shorecrest area, which is an area I'm sure that you've heard about many times. I want to commend the Planning Department for the initiative in the Shorecrest area, working with our committee to come up with ideas of how an area that is impacted by flooding can look to the future to have resilient solutions. And much of what is in the Shorecrest Plan is really good thinking, good planning, and still needs to be fine- tuned, but it's something that I think the community will embrace. So we took our show on the road to Shorecrest. We had a very well -attended meeting. And I'd like to say it may have been the first time this might happen, but when we concluded -- and, you know, Jane was there -- we actually almost got a standing ovation from everybody, you know, there, because they felt that the City, through this committee, was concerned about their area, and that we are paying attention. So we are going to continue to do that. We're -- our next meeting will be at Legion Park, and then on to other areas of the community, like Overtown. As opposed to asking everybody to come here, we found that we get a better attendance when we go there, and we start (UNINTELLIGIBLE). Chair Hardemon: When is the meeting at Legion Park? Unidentified Speaker: No, it's Jose Marti Park. Mr. Pathman: Oh, Jose Marti Park. Okay, I'm sorry. Legion Park was the Shorecrest. Jose Marti Park is the next -- our next meeting? Unidentified Speaker: In May. Mr. Pathman: May. Okay. In May, we will have that meeting; and then after that, we will be going to Overtown. The Comprehensive Economic Outlook and Modeling Analysis, I have tried on a number of occasions to convince this Commission to really look into this. To implement programming without assessment I think is a huge mistake when you're talking about the cost and value of what you're proposing to do. So we all know that, you know, $200 million is a lot of money, but when you talk about this issue, it's really not that much, because you're going to spend a lot more than that over the next 25 to 40 years. If you have an assessment plan, you can better understand the economics of what you're about to do, whether it makes sense, how long will it last, what is the efficiency of the project, and so on. I can tell you that other cities that have taken some initiatives, like with a pump program, without assessing are now regretting some of their decisions, because the pump program maybe isn't as viable as they thought. Maybe the pump program is now going to cost more, or maybe there were alternatives. An assessment -- and I believe it'll cost roughly about three quarters of a million dollars to hire the right company. One of the companies that I work with in terms of -- not personally, in my professional life -- but in working with our committee and other projects and things that I'm involved in City of Miami Page 72 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 is RMS (Risk Management Solutions); they're the leading company in the world. In my opinion, they represent all the insurance companies of the world today. They know how to measure risk and they know how to do the modelling, and they have proprietary information that others don't have. In fact, when most RFPs (Requests for Proposals) and RFQs are put out around the country, the companies that get the projects hire RMS to do the work. You can go to them directly to do this assessment, and you will find that the value of what you get in return will save this City hundreds of millions of dollars. Every major city around the world, every major insurance company, every major corporation is using their modeling. It is important that we understand how to do assessment first and not implementation so we don't make mistakes or put money in somewhere and then realize, well, we've put in 400 million. Now it's going to cost 800 million, and it's still not going to solve our problem. So I strongly recommend -- the committee strongly recommends that we look at assessment first. Ensuring -- you know, what the Sea Level Rise Committee does is important to me and the rest of our members. But the fact is we're not being given the oversight that we should in looking at CIP (Capital Improvements Program) projects or looking at major projects that we won't make a ruling on in terms of whether it should be approved or not, but we can comment on things that the Commission or board should consider before approving them. We have probably the best -suited committee within the City with the knowledge, as Jane expressed in her presentation, to look at these things and advise, but nothing comes to us. So I ask you to alter the process upon which we are -- or have oversight over in terms of looking at projects to give you guidance, and to give the staff help that they need in making important decisions for our future. We also would like to see that members of other boards -- you know, whether it be HPB [sic] or planning, design -- that they get educated about these issues; that they have some general knowledge about what they are deciding, and what they are approving. Imagine if 10 years ago, when the first bricks started getting laid for the development of things on South Brickell to 36th Street that they were employing resilient solutions for sea level rise and flooding. You would have had a road that would already have been paved through all the development that we've had, and we would be looking at a very different city as far as its resilience. So I would ask you to consider that and allow us and our expertise to accomplish that for you, and I think that we can. The long-term strategy to me is one of the most important things that you could start looking at. And again, this doesn't really cost you anything, other than making decisions and getting advice. But if the rest of the world -- the financial world, especially -- looks upon Miami and says, "Look, they're planning; they are implementing things that will happen over the next 25 to 40 years," the investment community will continue to come; property values will stabilize. If we don't do that, I can tell you, because I already see it in my law practice, things are changing. People are asking more and more questions today about the future and about the economics, so long-term planning is essential. I would like to now introduce Reinaldo Borges, the AIA (American Institute of Architects) Architect of the Year last year, and a good friend, who is extremely knowledgeable about the zoning issues and ideas that we have presented in a recent workshop. Reinaldo. Reinaldo Borges: Thank you. Commissioners, thank you for allowing us to be here today. I'm Reinaldo Borges, principal of Borges and Associates Architects. So I live in the world of ideas and the world of solutions, and the world of sort of moving this future in a progressive way. So I've been trying to contribute my experience with the fact that we are designing and building a city right now with codes and standards that are not adequate, you know, for the kind of stresses that we're going to be facing in the future. So a few -- about a week and a half ago, I actually led a workshop with staff and -- in Jane's office -- and about 18 architects that are very active in the City to really start to have a creative conversation about Miami 21 and how do we start to really consider modifying some aspects of Miami 21. As we know, Miami 21 is a fantastic Code for sustainability, for making sure that we're designing to sustainable City of Miami Page 73 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 architecture. One of the weak spots, of course, is how does Miami 21 adapt, you know, to this future that we may call "Water World," you know? And it's a future that is hard to imagine. So we kind of have to put futuristic eyes on -- eyeglasses on and sort of look into the future, and that's sort of what's complex and difficult about this. It's a future that it -- you know, puts us in danger, because six to eight feet of water in about a hundred years is a lot of water to deal with for a community that is mostly, on average, I would say about five feet above sea level. So these are the concerns of the architecture community. I've been representing that through the AIA Miami Sea Level Rise Task Force, which I lead, and try to sort of bring the voice and the thinking of the architects and the planners into this concern. It is really full of solutions. When Wayne and I talk about the risk -- and we've made a lot of friends in the insurance industry -- we always think that there's a solution for all the risk and all the stresses, but we need to be thinking futuristically and proactively, with a sense of urgency, to make sure that we are not designing a city that will be obsolete and that will have catastrophic damage to the point that it has a major impact on the economic viability of our City. As we know, the City is the functioning mechanism that really allows the community to function in all aspects of its economics and human existence here, so it's important that we're protecting the City; that we are actively looking at the modification of the Codes, both Zoning and Building Codes; and there are ways that we could actually modem Building Codes at the local level, through the County, and we're working with the County on some ideas about that, as well, so we don't always rely on those that modem the Building Code periodically in Tallahassee, but that we could take more local action, you know, to protect Dade County, to protect South Florida in a way that is more effective for us in our context. So I appreciate the attention. We appreciate all the support that you provide to our committee, and I tell you for one and every member of the committee is super dedicated. We're all doing this pro bono. We meet once a month, but we're very active with Jane and her team in making sure that we keep on pushing and interacting on an idea base, you know, to make sure that we are enhancing the way that we codify the way that buildings and infrastructure get integrated into a more resilient future for the City. So thank you so much; pleasure being here. Mr. Pathman: Thank you, Reinaldo. I just have two other items I'd like to share with you. Our committee recently passed a resolution recommending that the City designate the Shorecrest as an adoption -- adaptation action district area. We would ask that you strongly consider that. That's something that you can discuss with your Chief Resilience Officer, with Jane, but we think that's an important first step to show the world that we've taken an area that is impacted significantly by flooding and sea level rise; and that we have a plan; and that we're going to try to implement that to stir development, and create a very resilient and sustainable part of the community. Next, with regards to the GO Bond, we passed another resolution, asking that the Citizen Oversight Board is representative and inclusive of the City's diversity, demographics, and vulnerable populations, so we would ask you to consider that. You've done that with our board. Our board is a good cross-section of our community, and we ask that you consider the same way in reviewing your Oversight Board for the bond to look or mirror some of what we've done in our committee, and maybe even have some of the members of the committee participate in that, but we'd like to see a good cross-section of our community. I thank you for your attention. If you have any questions, I'd be happy to answer anything that I've discussed. Vice Chair Russell: Okay, I do. Mr. Pathman: Well, thank you very much. Vice Chair Russell: Mr. Chairman. City of Miami Page 74 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Pathman: Thank you, Mr. Chairman. Vice Chair Russell: Thank you. Mr. Pathman, thank you very much; just a couple questions. In the RFQ process, if we were to look at assessment -- I guess this is more a question for our City Attorney, perhaps, or the Manager -- is it evi -- is it determined yet that we can use our bond funds for assessment and planning, rather than strictly the capital, itself? Obviously, we don't know what we want to build until we've done the planning to decide, and that's quite expensive. Can we use our bond funds toward that? Mr. Min: I don't believe so, but if that is something that the Commission wants to consider, we can look into it and see if there's potential ways of getting to, yes. Vice Chair Russell: I do. And then, I wanted to know if the Manager has considered an RFQ yet for the planning side of the bond implementation. Emilio T. Gonzalez (City Manager): We have, sir, but we're sort of going sequentially. We're trying to get this board together and we're doing our due diligence, but we are going to put this out. Vice Chair Russell: Thank you. My worry is that the board gets considered -- created; this Commission starts putting projects forward, and maybe there's something in one of each of our districts that needs assessing that could easily have a resilience component to it. Any roadworks project that has a drainage component to it could be considered, and I guarantee you we have enough unfunded "B" numbers to eat up that bond in about 20 minutes. So rather than letting that happen, I really want to make sure that we do put the horse before the cart in terms of planning. Mr. Gonzalez: Point taken, sir. Thank you. Vice Chair Russell: Yes, sir. As far as the board taking up actual oversight of City projects and having those projects go before the board, personally -- and I'm open to talking further about it -- but I really don't think that's the time best spent of your team, because it can be very intensive. It can take you away from your larger mission of changing policy when you're actually approving actual projects. I would rather see the policies come forward that get implemented in those projects and that our in-house resilience staff makes sure that that happens. There could be a way that all projects are being sent to you all, but I don't want it to be a stop; that the projects get slowed down until you have time to review them; that's just my opinion. I don't know how the board feels, but I -- that's one that I have a little bit of a concern on. What I would like to see a lot more of is the actual legislation that we can enact. I don't believe that this body has actually changed the Code yet based on any recommendation that's come from your board, and I'd like to do that. I don't know if you're planning for the one big homerun of Miami 21 overhaul at one time, or if there are some singles and doubles that we can hit that you already identified as easy changes to the Code. I'd be glad to bring them, I'd be glad to sponsor them; they just haven't come to us yet. Mr. Pathman: We have been working on that; that's why we've had the workshops. So we are going to start with the singles and doubles, but we do believe there should be an overall revamping of Miami 21; not because the Code is not a good Code -- it's one of the best in the country -- but because it doesn't address the issues related to sea level rise and flooding. We have had that in the Planning Department, and Jeremy and Francisco have been extremely helpful, and we hope to have something, maybe within the next 60 days, when I make my next report to you that you can vote on. City of Miami Page 75 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: Thank you. I am interested in what you and I met earlier on with regard to studying the cost of inaction and trying to quantify that. I don't want to spend too much money to find out what that cost of inaction is, but I think that's a very moving number that can show us what we need to do and what we'd lose if we don't take action on resilience now. Thankyou very much. Mr. Pathman: Okay. Thankyou, Commissioner. Thankyou, Mr. Chairman. END OF DISCUSSION ITEMS City of Miami Page 76 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: The -- we can go to the -- Commissioner Gort: PZ (Planning & Zoning)? Chair Hardemon: -- PZ agenda. So let's -- Madam City Attorney, read the message. Victoria Mendez (City Attorney): Thank you, Chairman. PZ items shall proceed according to 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 ex parte communications to remove the presumption ofprejudice, pursuant to Florida Statute Section 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 the opportun -- the public the opportunity which time they can address the City Commission through 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 the item to 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 then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in the Miami 21 and 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 recommendation 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. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, 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. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 77 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Gort: I have a Jennings disclosure I'd like to do at this time, or should I wait until the --? Chair Hardemon: Let's not do it just yet, because some items may be continued, so I want to know from Mr. Garcia what items will we be continuing or withdrawing today. Francisco Garcia: Yes, sir. I'll read for the record what I have on my notes, and I know some of the parties interested in these items are here in the audience, so if I should state anything incorrectly, they'll correct me or you will. For the record, Francisco Garcia, Planning & Zoning Director. And the items I have noted are as follows: I have Item PZ. 1, to be continued to March 22; I have companion Items PZ.3 and PZ.4, requested for withdrawal; I have Items PZ.S and PZ.6, to be deferred to April 26; and I have Items PZ.9 and PZ. 10, continued to March 22; finally, PZ. 14, indefinitely deferred. Chair Hardemon: So to repeat for the record, item PZ. 1, 9, and 10 to be continued; item PZ. 3, 4, 5, and 6, to be withdrawn. Mr. Garcia: No, sir. I'm sorry to correct. 5 and 6 are intended to be deferred to April 26. Chair Hardemon: Okay. Can you start over then for me, please? Mr. Garcia: Yes, sir. I'm happy to. PZ.1, March 22; PZs.3 and 4, withdrawn; PZs.5 and 6, April 26; PZs.9 and 10, March 22; PZ. 14, indefinitely deferred. Chair Hardemon: Got it. Is there any other item that any of the Commissioners want to continue, withdraw, defer? Seeing none, is there a motion in accordance with what was stated by Mr. Garcia? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor of the motion to continue and withdraw those items, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Chair Hardemon: So item PZ.] was continued; 3 and 4, withdrawn; S and 6, continued; 9 and 10 also; and then 14, indefinitely deferred. Mr. Garcia: That's correct. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: So, ladies and gentlemen, what we have left on the Planning & Zoning agenda are Items PZ.2, 7, 8, and 11, 12, and 13. So what I'll do now is I'll open the floor for public comment for what's left on the Planning & Zoning agenda. If you're here from the community and you'd like to speak on what's left on the agenda, Item PZ.2, 7, 8, 11, 12, and 13, approach any of the two lecterns; state your name, first, last; you may state your address, and which item it is that you're here to speak about. You're recognized, sir. City of Miami Page 78 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices at 3835 Utopia Court, in Coconut Grove, and I'm here today to request intervener status. Many of the people who are my clients are here and going to be speaking in this particular session. And I'm representing Emily Clemente, Myrna Charlton, Kevin and Susan Cote, and Jerry Schuman. They all received notice for the January meeting. They have an interest in this matter that is different than the public at large. Chair Hardemon: Which item is it again? Mr. Gibbs: Pardon me? Chair Hardemon: Which item? Vice Chair Russell: PZ.2. Chair Hardemon: PZ.2? Mr. Gibbs: The Item 2 -- I'm sorry. PZ.2, PZ.2. They received notice of the public hearings. They've attended and spoken at the PZAB (Planning, Zoning & Appeals Board) meeting last April and will be speaking today at the public comment section of this meeting. They have a strong concern regarding the impacts of noise and traffic and other negative impacts on their quiet enjoyment of their property, as stated at the Planning & Zoning Appeals Board. They're concerned with increase in traffic and related safety issues that will likely result from the land use change that would allow a more intense use on this neighboring property. These are interests that are not shared by the general public, and therefore, we request intervener status. Chair Hardemon: All right. Have you had an opportunity to meet with the City Attorney's Ojfice -- Mr. Gibbs: Yes, I have. Chair Hardemon: -- to go over those facts? Mr. Gibbs: Yes. Chair Hardemon: So I'm assuming that you would have at least done some minimum -- Victoria Mendez (City Attorney): There was one or two individuals who -- you did not include them -- that sold their property. Mr. Gibbs: Yes, not included. Ms. Mendez: Okay. So the people -- just to clam the people that you named are the ones that are abutting or within 500 feet. Mr. Gibbs: Yes. I can tell you that -- if you want, Ms. Clemente is 400 feet away; received notice. Ms. Charlton is 150 feet away. Mr. and Mrs. Cote are 250 feet away, and Mr. Schuman is 250 feet away. Ms. Mendez: Okay. Thank you so much. Mr. Gibbs: I checked on the Property Appraiser's website. City of Miami Page 79 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: Thank you. Chair Hardemon: All right. Ms. Mendez: Thank you for your diligence. Chair Hardemon: And we'll cross that bridge when we get to the item. Mr. Gibbs: Okay. Chair Hardemon: If so -- because unless you're ready to go forward right now, the item will probably have to be continued to have you an opportunity to prepare. Mr. Gibbs: I'm prepared to go. Chair Hardemon: Okay. Well, good. Mr. Gibbs: We're prepared to go today. I'm not -- Chair Hardemon: Okay. Mr. Gibbs: -- going to do that. Chair Hardemon: Okay. Thank you. Mr. Pathman: Mr. Chairman, Wayne Pathman, Pathman Lewis; also Javier Fernandez from Berger Singerman. We object to the intervener status. We also object to the idea that -- Chair Hardemon: We're not going to do it now. Mr. Pathman: Okay. Chair Hardemon: We're not going to do it -- Mr. Pathman: Well, I just -- I want to make you aware, but -- Chair Hardemon: Yeah, yeah. He doesn't have -- Mr. Pathman: -- however you want to proceed. Chair Hardemon: -- intervener status just yet. When we call the item -- Mr. Pathman: Okay, okay. Very good. Chair Hardemon: -- we'll actually have the hearing about intervener status, give you an opportunity to present other evidence. Mr. Pathman: Okay. I thought you were going to go ahead and call the item. Thank you. Chair Hardemon: No, no, no, no. Mr. Gibbs: Mr. Chairman, because if you don't grant intervener status, then I will -- Chair Hardemon: This -- it's not the time. It's not the time. This is public comment time. City of Miami Page 80 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Gibbs: -- I think we can go now. Okay. Chair Hardemon: No, no, no. It's public comment time right now, so we're going to allow people from the public to make comment. When I call the item, then we'll go into that part of it about intervener status. Ms. Mendez: Chairman, the only -- because Mr. Gibbs can be a nervous nelly sometimes -- the only thing that he wants to confirm is that if he is not granted intervener status at that time, would you let the people place their comments on the record as part of the public? That's what he was -- he wanted to ask, if -- Chair Hardemon: So you don't want them -- I mean, they can say public statements now. Mr. Gibbs: My concern is that my clients will speak, but as their attorney, I will -- if you do not grant intervener status, I will not be able to speak at that point. I won't be able to speak at all. So I wanted -- that's why I wanted the intervener status, if possible, resolved now, because if you're going to tell me I'm not an intervener, then I can -- Chair Hardemon: No, I'm not going to let you do it now. You see the lines? Those lines are for people from the public who -- they want to have an opportunity to speak. We've held them -- hear what I'm saying to you. Hear what I'm saying to you. We don't go into the matter until public comment is closed. This board can allow people who did not speak in public comment formally to speak as public comments. Mr. Gibbs: Okay. Chair Hardemon: We have that -- we reserve their right to do that, so -- Mr. Gibbs: Okay. Chair Hardemon: -- don't worry; they can speak now for public comment. If you want them to hold their tongue, they can do that as well, but what I'm saying, this is the public comment time, and we're not going to make a decision about intervener status just yet. Mr. Gibbs: Okay. Chair Hardemon: Got it. Mr. Gibbs: I think. Chair Hardemon: Okay? Mr. Gibbs: I think I understand. Ms. Mendez: If he doesn't -- if they don't grant the intervener status, he'll allow -- reserve the ability for -- Mr. Gibbs: A member of -- Ms. Mendez: -- public comment -- Mr. Gibbs: Okay. City of Miami Page 81 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: --for those -- Mr. Gibbs: Thank you. Ms. Mendez: -- individuals at that time. Chair Hardemon: Can you raise your hand if you're those individuals? Some are unsure. Some put up two hands. I saw that. So do you want to speak now for public comment, or do you want to wait until after? Unidentified Speaker: Want to go now. Chair Hardemon: You want to go now? Okay. Well, please. But you -- two minutes, right? Okay. First name, last name; you may state your address, and then the item that you're speaking about, of course. Myrna Charlton: Hello. My name is Myrna Charlton. I live at 2925 Southwest 30th Court, in Coconut Grove, and I've been there nearly 20 years, and I protest changing the existing multi -use -- multifamily residential land use -- this is PZ.2 -- at 2890 Virginia Apartments. The change to commercial, I oppose that, and I'll show you why. The owner's application to the City illustrates all the commercial properties along U.S. 1. You will see in your diagrams that's a diagonal line, but they failed to give any indication of what the surrounding residential properties look like, and those are the green ones in the map there, covered under the trees. These photos that I'm going to show you, the streetscapes and the residences in 10 of the little streets in the Grove that are bounded by U.S.] and Bird and 27th Avenue and Bridgeport, and you'll see just how incompatible it would be to have a commercial property there. The reason we all set up our residences in this area of the Grove was because of the green neighborly nature of the area. Ask anyone here and I can guarantee you that no one said, "Honey, let's move to the Grove; I hear there's great commercial zoning over thereto live in"; not one of us. These houses in Virginia are beautiful, all these little streets. And driving here today, I had to yield to a peacock as I was driving up Virginia; no joke. We, the residents, have heard from the New York owner two different plans for his apartment building there. One was no plans; it's going to stay as an apartment. And then a second meeting we had with him, he mentioned it's going to be a hotel, short-term hotel. What do we believe? It's not about what the owner says; it's what the zoning says for the land. So changing the residential land use that's been in place for more than 70 years opens the door for future owners to put up awful commercial properties there; it opens the door for the domino effect of up -zoning other residential properties; and, as Commissioner Carollo said, it's going to ruin the real estate values in the area, and that's a very important point for all of our residential homes there that have a big great commercial property at the end of our streets. There is no hardship for this millionaire owner from New York. He bought this property for $11 million, knowing exactly what he was buying. What about the hardship for the local residents? 416 multi family residents, 211 duplex residents, 45 single-family residents; 400 or more petition signers, card senders, and phone callers who come here today. These are the locals who do the living, the working, the voting, and the dying in the community. And also, Commissioner, you said earlier on, If you're wealthy and powerful, you get what you want in Miami. " Let's not make that the case here today. Let the residents speak and have their voice heard. So the answer is to change the zoning back to residential to be in compliance with the statutes, which you'll hear about later. It gives the owner what he desires, which is matching the zoning to the land use. It gives us, the residents, what we want, which is our residential nature being maintained. It gives the City and the community what it wants. The Planning and City of Miami Page 82 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Zoning Board says they want to maintain the desirability of the Grove as a place to live, work, and visit. Chair Hardemon: Ma'am, your time has expired by more than a minute. Ms. Charlton: What a shame. Okay. I'll just flick through these last pictures just to remind you, we have a butterfly garden even in the area. Just remember these pictures when you're voting on this issue for changing this residential property into commercial. Thank you. Chair Hardemon: Thank you very much, ma'am. Ma'am, you're recognized. Susan Braun: My name -- Hi-- is Susan Braun. My address is 45 Northwest 44th Street, Miami, 33127. And I'm not going to directly speak upon the item that was withdrawal [sic] in respect to the Chairman's request, but I would like to address, in general, Planning and Zoning; and specifically, the human toll it takes when the City gives special breaks to the wealthy and the powerful that harm everyday people. And I know what happened to me is extreme, but happened it did. And I don't know if you received the CIP (Civilian Investigative Panel) letter; if any of you know about this, but I'll talk about it now. First, I have been the -- I was the leader for three years in opposition to this zoning. A lot of time I lost -- there was the money lost; that I had to cancel my business two years in a row. The first time, because even though the applicant was given five deferrals at PZAB (Planning, Zoning & Appeals Board), my one request for one week was denied, and I had to cancel an event that I worked on for almost a year. The second year, it was kept -- my event had to be cancelled, because I was falsely arrested while trying to speak at a neighborhood association meeting, where I was continually denied the opportunity to simply express the opposition, where the vast majority of the neighborhood opposed this shameful rezone. This false arrest was prompted by this HOA (Homeowners Association), the board members, because they didn't want to let me speak. I don't know if -- I -- there's excessive use of force. I don't know if I fell, if I slipped, because all the video disappeared. I got a concussion, because I was shaken like a rag doll. They -- my dress was up over my hips, and they were still recording. I know this, because the next day, they brought it to this developer, which is how I knew there was a little bit of video from this one person. Outside, the EMS (Emergency Medical Services) showed up an hour later, because the officer still didn't -- and it was a neighborhood resource officer -- didn't know what story to make up to say what I did. The EMS was told not to take me to the hospital, and they erased their digital recording of my 180 blood pressure, a hypertensive crisis. And they all said that I said I didn't want to go to the hospital, the EMS. I wasn't granted a PTA (Promise to Appear), where you can go to the judge the next day and you go home. I have a squeaky clean record. I had to spend almost 24 hours in jail amongst -- literally, sitting next to murderers. My 81 -year-old mother had to fill out my bond at 3 in the morning, and learn how to do it online. For 10 weeks, this HOA tried -- all for the shameful rezone -- tried to have me put in jail for up to two years; 10 weeks of this stress. And strangely enough, the chairperson of this HOA sits on your Department of Justice mandated Community Advisory Board, a police oversight board, and I believe is also the chair of Community Policing. After my -- Chair Hardemon: Ma'am? Ms. Braun: -- charges were dropped, I went to see Mayor Regalado, who kind of acknowledged the DOJ (Department of Justice) contract was broken -- I just have a little bit -- was broken. He said he would reopen the investigation and send it to Chief Llanes. I filed with the Internal Affairs. They didn't even think it merited an investigation. Thankfully, the Civilian Investigative Panel ruled `false arrest, excessive use of force, and false procedures. " I went back to Miami Police, and they City of Miami Page 83 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 still wouldn't do an investigation. I gotfive ulcers, I found outfrom an endoscopy in December. And the saddest part of this, this -- my father died on December 29. And the last year of his life, I was dealing with this false arrest, because of this shameful rezone. Shameful rezone. Chair Hardemon: Ma'am? Ms. Braun: What happens when you give the wealthy and the powerful special breaks that harm everyday people? I think, as a community, we're better than that. Gentlemen, I believe you're better than that. Thank you. Chair Hardemon: Thank you very much. I'm sorry to hear about your father passing. And certainly, you know, in all of our communities where we have these items that come up before us that involve a lot of passion, that involve a lot of lot energy, a lot of your hard work and your concern, all of you come here to speak on these items. I mean, I see seniors from Wynwood. I see people just from everywhere that are here. We all have to think calmly about these situations, because we should never find ourselves in positions where your neighbors get arrested at a homeowners association meeting. I mean, that's just not -- that's not what we signed up for when we said we were going to protect our neighborhoods. So let's -- really, let's all keep that in mind. Ms. Braun: I didn't -- Chair Hardemon: I know. And I'll tell you, it's not easy running a meeting. It's not easy running a meeting. And there always is a level of decorum that's needed. There's always a level of anxiety. Sometimes there's anger, but we just have to respect each other enough so that we can get through it and get back to what's important, and that's our families. And so, I just want to thank you all for participating in this, but I must say that, you know, I was really disappointed to hear what I heard when you were arrested, because it shouldn't be that. I've never had anyone forcefully removed from this space, and I certainly don't want anyone arrested. So sometimes a removal is necessary. I've only cut off the mikes a few times, but, you know, sometimes people earn it, you know. Chair Hardemon: They earn it, but it doesn't happen. So I just want to say -- Ms. Braun: Thank you. I appreciate that. I would like to add, though, I just had ra - - at this meeting, had just raised my hand and politely asked -- Chair Hardemon: No. I know. Ms. Braun: No, no. I just want to say -- I forgot to say one of my bullet points, is that I learned in the CIP that these Buena Vista stakeholder members actually planned to record the police officer ejecting me to humiliate and discredit me for this shameful rezone. Chair Hardemon: Okay. Well, there's -- Ms. Braun: It's -- there's something wrong with that. Chair Hardemon: There are remedies and law that you can use to effect things like that, if they caused you intentional distress, but, you know, that's not -- Ms. Braun: My (UNINTELLIGIBLE) file. City of Miami Page 84 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: I want to move further through this. Ms. Braun: Thank you very much. I appreciate the time. I thank you, gentlemen. Chair Hardemon: Thank you. You're recognized, sir. Jerry Schuman: Yes. How are you? Jerry Schuman, 2926 Southwest 30th Court. I'd like to pass a few flyers here. I'd like to talk about the history of the street. I'll keep it short. I'll keep it under two minutes, so I don't get arrested. I've lived there a lifetime. I've lived there longer than anybody in this room, and I don't know how you can take 50 years and put it in two minutes, but I'll start by being nice. We certainly don't want any change down at the end of the street and any zoning change of a multi family apartment building turned into commercial. There are 22 children on the street. When I leave this room, I'm going to walk my son down this street to the park, which everyone in this room goes to who has kids. The park's a block away from this. Certainly, you don't need any commercial use that's there now, and that's all I ask. I'll keep it short. Please take a look at these. These photos were taken from 1939. Jose (UNINTELLIGIBLE) gave me these photos when he was 90 years old, before he died. I brought them here for a reason. Jose (UNINTELLIGIBLE) worked in this building. He's speaking from the grave. These photos -- He bought this house in 1939. The house -- my home still exists right next to his. It's in the photo there. Chair Hardemon: Take your time. Mr. Schuman: I got two minutes. But we're very passionate. We don't need -- This investor bought this property a year and a half ago. The investor before him bought it three years ago. Once he gets the zoning changed, you know and I know that he's going to sell this property, and the next investor's going to sell it again. We're here 50 years. These neighbors behind me have been here 30, 20, 25. Jim McMasters can't be here today. He's been here 35 years in the street. This is a one -block Street; it doesn't need commercial zoning at the end of it. The last board, the Planning and Zoning denied it; I'm asking you to do the same. Thank you for your time. Chair Hardemon: Thank you, sir. Kevin Cote: Hi. Thanks for hearing us this afternoon. I'm Kevin Cote from 2927 Southwest 30th Court. I've been a resident of Miami for over 50 years. The -- I'm here today to oppose the changing of the land use of the lot on Virginia Street from residential to commercial. Beyond the -- some of the Planning and Zoning mistakes and miscues, this project that is proposed will be very disruptive to the neighborhood and kind of ruin the whole continuity and kind of what we're trying to do in the Grove, basically. The Grove is a very child- and animal friendly neighborhood. Our particular street on 30th Court is one of those thoroughfares off of Bird Road -- Bird Drive, as you know, and it's -- it has a ramp. It's like an expressway ramp off of Bird going to U.S.I. The other thing I wanted to mention is the ingress and egress to this proposed project can't possibly really happen on U.S. 1, so it's going to take up Virginia and 30th Court, and it's going to completely -- it's nonsensical what it will do to those two streets, basically. The demographics have changed over the last five to 10 years. We have a lot of young families, children, animals and pets. And, unbelievably, in a throw -back fashion, people are coming out in the evening and playing near and around the streets, so we have a very aggressive traffic pattern there. And if the land use as proposed is enacted, it's going to completely change the character of the street. It's already an aggressive speed pattern there. Changing the land use -- What else here? I urge you to vote "no" on changing the land to commercial. It must stay residential. What is proposed would greatly exacerbate City of Miami Page 85 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 pedestrian and vehicular traffic in the area. The change of character -- see, U.S.], the ingress and egress, I already touched on. So this project, the way I'm seeing it, it's kind of the tail wagging the dog, basically. It's going to change the whole nature of our neighborhood, which is on the upswing. We have a lot of nice families moving in and so forth. There's 140 other properties, and I was going to direct this to Commissioner Russell. There's 140 properties, approximately, with this kind of discrepancy with the zoning and planning situation, so we'd like that to be handled, you know, together instead of a piecemeal effect. We think handling each one individually will certainly not end up in a equitable situation for all the people that are affected by this, so we'd like it not to be a piecemeal situation. And in our minds, we really shouldn't have to pay for, you know, like a bureaucratic miscue with the City, and it's a very complicated thing. It used to be in government myself, so I know these things happen, but we shouldn't be -- you know, we shouldn't change the character and nature of one of the Grove's better neighborhoods to handle this particular project, because it's going to change the whole character. It's not in concert with what's going to go on there. So that's basically what I wanted to mention. And again, like Jerry said, this neighborhood is -- we have like five or six tract homes that are still there that has a -- like a historical nature to it. These houses were put in there in 1939. I don't know if you have seen it, but we'd like to preserve that effect there. And if this project is approved by you guys today, it's going to really affect the tax base, because our properties are going to go down in value because of this project. Chair Hardemon: Thank you, sir. Mr. Cote: And that's pretty much all I had to say. Chair Hardemon: Thank you, sir. Mr. Cote: Okay. She has some pictures she'd like to -- Chair Hardemon: I'll -- yeah, she could pass it to the Clerk and he'll pass it out for us. Mr. Cote: And thanks a lot for your patience. I appreciate it. Chair Hardemon: Thank you. Ma'am, you're recognized. Arminda Bouza (as translated by Official Spanish Interpreter Geralizze Munoz): Good afternoon. My name is Arminda Bouza. I live in the -- I do not agree with that change of article, PZ. 7, PZ.8. I have lived in Wynwood for 50 years. We have made our bed to fight for Wynwood. The truth is, we want a family Wynwood. That's why we have fought for this for 50 years. Now, now that we have a little bit more of peace, we feel like we have a (UNINTELLIGIBLE) on our necks, because they want to change the zoning in our neighborhood. I do not see that a neighborhood that has been forgotten for so many years, and now, all eyes are set on Wynwood. If they change the zoning now in this moment, which I do not see how it can be beneficial for us, in three or four years, they might want to change the zoning for four, five, six, or even eight floors [sic] in my dear Wynwood neighborhood, which we have fought so hardly [sic] for. I believe that if it continues to be this way, it will disappear. Thank you very much for listening to me. Chair Hardemon: Thank you, ma'am. You're recognized, ma'am. Susan Cote: Ready? Hi. Good afternoon. My name is Susan Cote, and I reside 2927 Southwest 30th Court. I'm here today to oppose changing the land use at 2890 Virginia Street from residential to commercial, because the effect it will have on the City of Miami Page 86 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 surrounding neighborhood. So back in April of 2017, we met with the Planning and Zoning. We had a meeting here. And Mr. Abbot's (phonetic) lawyers said there were no plans for a hotel at that time; and currently, the building had 65 units, and we were told initially that these apartments were going to be upgraded and attract a better clientele and more up -scaled clientele to the neighborhood, to the building. So since all this developed, we decided to look into Mr. Abbott's (phonetic) other hotels that he purchased on South Beach, and he owns two. They're actually hostels. So I did a little research; went to the website, and for a standard 12 -bed, mixed - dorm room, it's 2645 dol -- $26.45 a night. Chair Hardemon: It's like a short-term vacation rental. Ms. Cote: It's a hostel. Yes. But there's not just 12 bedrooms; there's also 10 bedrooms and eight bedrooms. So we decided to -- I went to the website, and I got some reviews from his guests. This is in South Beach now. These are off Trip Advisor, hotels.com, and their own website, so you can take them pro or con. We took them con, because most of the people that stay at hostels are 20 -something. One said, "This place is run like a Prat house; will get you good and drunk. " They actually say this on the website. Chair Hardemon: Where is it? Ms. Cote: This is SoBe Hostel and Bar. Chair Hardemon: (UNINTELLIGIBLE). Ms. Cote: Oh, you want to go? Cheap rooms. Okay. "Great for how cheap it is. Excellent location. Very noisy at night. Full of 20 year olds. " And this is -- one "con" from a 20 year old: "Place is very noisy at night. Hard to sleep. They arrange party buses every day. " Another one said, I recommend SoBe Hostel for everyone, except families with kids. " Another one said, "The Hostel is noisy day and night. There is no standard of signage, reminding guests to be quiet. People are coming all the time, in and out. Loud party going on in the lobby. People shouting in the hallway. " Let's see, what else? `Avoid this place. Go somewhere else. Unprofessional staff. Rampant drug dealing and theft on the property. " So you can understand why we don't want this in our neighborhood. It's not just 65 apartments; think of 65 times 10 in a room. 650 people a night coming and going, and we don't want that in our neighborhood. So I urge you to please vote "no" for changing this land use from residential to commercial to avoid a hostile takeover in our neighborhood. Thank you very much. Chair Hardemon: That's a pretty good play on words. Unidentified Speaker: (UNINTELLIGIBLE) hostile takeover. Chair Hardemon: Yeah. Pretty good play on words. Thank you, ma'am. Mydalia Diaz (as translated by Oficial Spanish Interpreter Geralizze Munoz): Good afternoon. My name is Mydalia Diaz. I have 84 -- I am 84 years old, and I have been living in Wynwood for 55 years. I belong to the Association of Wynwood Historical Association, and we are against the zoning. Thank you. Chair Hardemon: Thank you, ma'am. Sir, you're recognized. Burtor Captain: Good afternoon, Commissioners. My name is Burtor Captain, and I live at 2943 Southwest 30th Court. I oppose the changing of the property on Virginia Street from residential to commercial. There's a great need for reasonably City of Miami Page 87 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 priced multi family housing, like this apartment building in Coconut Grove. This is a place where people who welcome the Grove can live in the Grove. It's the poster child property of Miami 21, which promotes living and working in one community. Even though this property was changed to commercial zoning with Miami 21, it can be changed back. The Planning and Zoning Appeals Board denied the application for commercial in April of last year, stating very clearly that this application had not taken into account any of the Neighborhood Conservation District, NCD -3 ideas for Coconut Grove, which basically is to enhance and protect the character, canopy, architecture, landscaping, and historic nature of the area. The Commission can continue that today with a denial of the application. This truly really is a residential area, and I hope that you all see it. Commissioner Russell, to tweak your earlier sentence: Sometimes it's not about a buck. Thank you for your consideration, and may -- I hope you see it this way. Chair Hardemon: Thank you, sir. Martha Cruz (as translated by Official Spanish Interpreter Geralizze Munoz): Good afternoon. Bless you all. My name is Martha Cruz Campos. I have been living in Wynwood for 28 years, ever since 1990. I come to ask you, please do not change our zoning, and please allow us to continue living in it, because we are unable to get air with all the construction that's going on. Thank you very much for your attention. Chair Hardemon: Thank you. You're recognized, sir. Michael Simpson: Hi. My name is Mike Simpson. I live at 2901 Virginia Avenue, and I'm -- sorry -- Virginia Street, and I'm here to talk about PZ.2. Commissioner Russell, I'm sure you remember last month giving the Herald the quote that said that "Not one unit of affordable housing has been built on your watch yet. Not one street has been paved. We shouldn't go patting ourselves on the back for how far we've come, because we're still on the precipice of losing everything. " Vice Chair Russell: Sounds worse when you say it. Mr. Simpson: Should see it in newsprint. Chair Hardemon: It was deep, though. Mr. Simpson: The item before you today wants us to believe that Miami 21 needs a tweak, a correction, but among the purposes of the Miami 21 Code is to provide a wholesome, serviceable, and attractive community; to improve the built environment and our human habitat; and specifically, to promote preserving our neighborhoods. The neighborhood around the property in question is actually what Miami 21 strives to create. It's a collection of single- and multiple family dwellings interspersed with commercial, educational, religious, and even industrial properties, all located within walking distance of a transportation hub. Is our neighborhood really just a collection of our zoning regulations and our building functions, or is it the neighborhood -- or is the neighborhood the residents; the people who work, play, worship, and live within those buildings? 2890 Virginia and the four buildings that flank it on either side represent over 250 households in our community; 250 households, the equivalent of any other 20 blocks of Coconut Grove. The people that live in these buildings are the bussers, the servers, and the cooks in our local restaurants. They wear green aprons at Milam's. They wear orange aprons at Home Depot. They teach our children math, science, dance, and, in my case, gymnastics. They're also not the people who get notified by mail when something like this comes up, because they're not the property owners. They're not the people who get to come to these meetings, because they have to work. Fortunately, my boss gave me the afternoon off. They also represent -- these residences also represent City of Miami Page 88 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 some of the last organic affordable housing anywhere in our city. These homes are not affordable because some developer got a great deal to make them so. They're not affordable because the residents get some kind of government subsidy. They're affordable because they were that way when they were built and nobody's changed it yet. Commissioner Russell, last month you also said that "People are being displaced and dispersed throughout the County, tearing apart deep-rooted families and the cultural fabric of the area. " Families and culture. In other words, our neighborhood. Where will all of these families end up if resolutions like this one pass? What will Miami and Coconut Grove lose when this happens? What could we possibly build on that site that would replace this? Last month, Commissioner Hardemon, talking about alcohol regulations, you asked, "Why would we allow somebody to have a review and a recommendation if we don't put any weight or strength behind it, if it has no force?" Our Planning and Zoning Board has already ruled on this. They recommended it to be denied. We're asking you to give strength and weight and force to that recommendation. There is no function that that property can serve in the City of Miami or the Village of Coconut Grove as a commercial property that is more in need than the purpose it serves at this very moment: affordable housing for families that already live there. Chair Hardemon: Thank you, sir. "Hola. " Elba Arcely (as translated by Official Spanish Interpreter Geralizze Munoz): My name is Elba Arcely. I live in 226 Northwest 33rd Street. I am not -- I am against -- Chair Hardemon: You got to get it together. We're listening, though. Commissioner Gort: (Comments made in Spanish not translated). Chair Hardemon: Yeah, it's okay. Ms. Arcely: I am against the zoning. Thank you. Chair Hardemon: PZ. 7 and 8, she's against. Stacey Sharrow: Good afternoon, Commissioners. My name is Stacey Sharrow. I live at 2901 Virginia Street. I represent the people that live in that particular building that are renters, that do not have an opportunity to get notified about this particular meeting and the changes that may be happening to their homes. I also represent one of the people that cannot afford to live somewhere else in City of Miami if our home is changed. Would you not all agree that one of the biggest issues that the City of Miamijaces today is affordable housing? Yes? Vice Chair Russell: Yes. Ms. Sharrow: I have a letter here from some of the residents at 2901 that have been signed by them that I would like to read into record, if that's possible? Chair Hardemon: Say how many? Ms. Sharrow: There's 11 people, but it's just one -- (UNINTELLIGIBLE) 12 altogether. Okay? "City of Miami Commission, we, the tenants of Grove Princess Apartments, located across the street from 2890 Virginia Street, " which is PZ.2 -- I'm in opposition of that -- "located in Miami, Florida 33133, are writing to the City of Miami Commission, appealing to petition to consider and oppose PZ.2. Our building is next to 2890 Virginia Street, and we're afraid that if PZ.2 passes that it will affect all of us. Please take into consideration that the building at 2890 Virginia Street, as our building, 2901 Virginia Street, has several families with children that City of Miami Page 89 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 attend Coconut Grove Elementary School. They also attend Ponce De Leon Middle School, George Washington Carver Middle School, and Coral Gables High School. All of them are wonderful schools. These parents moved hereto be able to be apart of those school districts. Some of the people that live in this building work in Coconut Grove. They also work in Coral Gables, and do not have any other transportation, other than to use Metrorail, which is right across the street from us, both accessible to 2890, as well as our building, 2901. Also take into consideration the people with disabilities that live, including myself, in that building that don't have access to other types of transportation, because we live there with the ability to be able to have Metrorail next to us. " This is signed by 11 different residents that live with us, not including myself. I'm representing myself as well. Additionally, another one of our residents, named Yon (phonetic) Morres (phonetic): I'm physically disabled, high functioning autistic. At several times of becoming more humanly interactive, I was scraped off the ground by Stacy Sharrow. I did my best to avoid divorce. " He's worked with several psychiatrists that has endeavored to allow him to be functional. However, he's been a drunk since then, and his home is an environment -- it's the only place that he's been able to feel helped at 2901 Virginia Street. He used to work for the Miami -Dade Police Department for the -- as a 911 operator and is no longer able to do that. And he's never had a home until now. He finally has affordable housing that he can afford to live in by himself, on his own, as an autistic individual at 2901 Virginia Street. I urge all of you to please move forward and vote "no" to prop -- to PZ.2, so that people like Yon (phonetic), like myself, like the other 98 units that we have in our building don't get changed over, and that we do not get displaced. Because I ask all of you, where are you going to put us? I own a business here in Coconut Grove that offers no cost or low cost gymnastics classes to children at Virrick Park. If I leave here, we will not be able to continue to do that. Are you willing to take that away from them? Are you willing to take away the housing from these people? Thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Magaly Hoyos: Good afternoon to the board of directors. My name is Magaly Hoyos. I live at 400 Northwest 32nd Street, in Miami, Florida. My Zip Code is 33127. They have spoken enough already, but I just want to add that I came from Cuba with my parents in 1968, and we were raised in Wynwood neighbor [sic]. I love Wynwood with all my heart, and I am willing to stay there until God comes and get me. I am against --I'm not in favor of the zoning. Thank you for your time. God bless all of you. Chair Hardemon: Thank you. Emily Clemente: Good afternoon. My name is Emily Clemente. I live at 2933 Southwest 30th Court. I'm a sixth -generation Floridian. I was born on Miami Beach, and I grew up in Coconut Grove, going to St. Stephens and Everglades -- when it was Everglades. I oppose the changing of the property on Virginia from residential to commercial. We've been collecting signatures since the Planning and Zoning Appeals Board meeting back in April of 2017. Today we have 351 online signatures and 87 paper signatures, for a total of 438 signatures. The petition reads: "We, the undersigned, respectfully request the City of Miami deny the application to change the land use designation of the property located at 2890 Virginia Street, Coconut Grove, Florida, from medium density multi family and duplex residential to medium density restricted commercial. We believe this change, which will allow hotels and other commercial uses on the property, will lead to the loss of affordable, reasonably priced housing in Coconut Grove and disrupt the nature of adjacent residential community; specifically, 65 residential units would be affected, thus displacing the current residents. This property would become a commercial zone, surrounded by residential zones. The nature of the commercial City of Miami Page 90 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 zoning would have a permanent negative effect on the abutting residential properties and neighborhoods. The residential properties adjacent to 2890 Virginia Street would be in danger of the domino effect, a future up -zoning to commercial; thus, further disrupting the current residential nature of the community. There would be additional traffic and noise from commercial establishments, negatively affecting the surrounding residential community in their local streets. Respectfully, we ask the Commission today to deny this application to change the land use, but instead, change the zoning back to residential, and preserve the residential character of our neighborhood. " Thank you. Carmen Garcia: Good afternoon. My name is Carmen Garcia. I'm with the Historical Homeowners Association. I am against PZ. 7, PZ.8. My address is 152 Northwest 34th Street, in Wynwood. I've been living here for about 30 plus years. I've seen many of the changes that has occurred in Wynwood, one of them affecting our traffic. It's unbelievable to say that not long ago, my husband suffering from chest pain. I decide to call an ambulance, and it got there 30 minutes, when I usually have the emergency department -- not the emergency department, but the Fire Department a few minutes away. I think it is not right. I'm very concerned about the traffic there, and I think this would only make matters worse. I'm already dealing with issues that are putting my family and I at risk. I live in a Wyn -- the Wynwood area, where there's a one-way. There's no respect for us anymore. I have individuals doing whatever they want, because there's so much traffic, and they're trying to get to their own place. So I say "no" to PZ. 7 and PZ.8. Thank you. Luis De Rosa: Good afternoon, Commissioners. Thank you for this opportunity. My name is Luis De Rosa. I work with the Puerto Rico Chamber and the -- kind of the Wynwood area; also with dynamic CDCs (Community Development Corporations). A little history about myself. Along with Father Menendez, who I understand also supports the Westdale Housing Apartment Project, residential project we built -- we help build, through Rafael Hernandez, over 11 homes in the Wynwood area. I'm on the board of directors of the Borinquen Medical Center there, in Wynwood as well, serving the local community and those at -large. And right now, with the issue with Puerto Rico, a lot of displaced Puerto Ricans and Virgin Island residents, we passing through Borinquen for medical services, and other needs as well. Along with Commissioner Reyes, many years ago, I sat on a Commission board, and we raised money for the Dorothy Quintana Building. I mean, we started at 2 million and worked our way down, and we worked our way up, but it was -- thank you for the support, Commissioner Reyes, at that time. Along with Father Menendez and Dorothy Quintana, many years ago we helped build the San Juan Bautista Church there on Northwest 2nd Avenue. I don't live in the area, but I do work in the area, and I do recognize a good neighbor when I see one, and I believe that the Westdale Residential Project will be a good neighbor. I support this opportunity. One, I think it's going to create opportunities. It's going to create jobs for the local community; therefore creating to the community tax base. Another, I think it's also going to offer not only jobs, but hopefully, affordable or price -- or commercial price or current price -- I forget the term for it -- for residential apartments. And I know they're going to be good neighbors. They're -- you know, along with the Roberto Clemente and the baseball program that we have, they're going to be part of our friends. We're always looking for partners. Change is difficult, I understand that. You know, I mean, I don't live there, but I -- and I know the feeling, but I do work there. I've been therefor over, you know, 25 years. Along with Commissioner Hardemon, we put together a paint project to help the community, to help all the seniors in the area, and Wynwood was included into that initiative, and I'm sure we're going to go back to the drawing board on that. And we've helped many folks. The Senior Arts Program is there to help as well. So I am involved. I understand the concerns, and I understand the issues, but I do believe that this is going to -- they're going to be a good neighbor in the neighborhood. Yes, City of Miami Page 91 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 change is dijfcult, and I've lived through change in my life, and I do believe that this project will be good for the community; not only for the tax base, the jobs and the construction projects, but I understand that we are working with -- We got a family from Puerto Rico now that is looking for housing, and I'm talking to them to hopefully help them settle in the Wynwood area. We just had a Puerto Rican family moved into one of their housing initiative. The people they bought from are from the neighborhood. So I support this initiative. I -- you know, and I --and all due respect to my friends in the association, I think this is -- be a good project for the community. Community is going to move on sooner or later, and better now that we can control some of the movement and some of the changes that are going to take place. We're going to be working with the managers and the owners to make sure that it is a neighborhood initiative and neighborhood project, and I do believe it will be. Thank you. Chair Hardemon: Thank you. I must say, I'm kind of surprised, because -- I mean, the ladies that are here are certainly ones that I see with you constantly. Mr. De Rosa: Yeah, yeah, we're friends. Chair Hardemon: And so -- Mr. De Rosa: We're friends. We -- you know, these are good people. Chair Hardemon: Right. Mr. De Rosa: This association is made up of very good people. You know, like everything else in life, you know, we can have our difference of opinions. Chair Hardemon: Right. Mr. De Rosa: You know, we have to respect each other, and I respect many of them. And many of them you know, Commissioner. You support this -- the Dorothy Quintana Senior Arts Program. They're part of our program. Chair Hardemon: Right, right. Mr. De Rosa: And they don't pay a penny. Everything is free. You know, we don't charge anybody, and we're out there looking. I'm knocking on doors, looking for help. When I needed uniforms for the Roberto Clemente School kids for the baseball program, the Westdale Residential Project stepped in. I asked them for a contribution to buy these kids their uniform, because they can't afford it. Many of them come from working-class families, single families, and they having a hard time making ends meet; they were there. Chair Hardemon: All right. Mr. De Rosa: I do believe this is going to be good for the community; it's going to be good for the City, if it's managed right. And I think they are committed to working with the neighborhood. They're committed to working with the community. Chair Hardemon: Thank you, sir. Idania Valentin: Hi. Chair Hardemon: (UNINTELLIGIBLE), ma'am. City of Miami Page 92 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Valentin: Good afternoon. My name is Idania Valentin. I have some -- Good afternoon. I am part of the Homeowners Historical Association. My home was done in --it's actually the oldest house in Wynwood. I was raised in Wynwood. I went to school in Wynwood. My kids went to school in Wynwood. My grandkids are going to school in Wynwood right now. There's 103 signatures of all those members that could not be here, and I'm speaking in their behalf that they do not want the zoning changed, the PT. 7 [sic] and the PT.8 [sic]. As is, we have problems with traffic, kids crossing school. We have four schools in that area by itself, and it's unbelievable to see them when they walk in front of my house that I live on 32nd Street and 1st and 2nd Avenue, there's actually people have to stand in the middle of the street to stop traffic from not hitting kids. And I understand that evolving and changing is good, but they also have to see the point of view that we, too, live there. We have to deal with trajTc. We have to deal with the fact -- a police ojjicer, to get to our office when we call 911, it takes him half an hour. And the problems that we're having is not from Wynwood,• it's problems -- they're coming from the outside, coming into Wynwood. As you notice, 99 percent of the people here are old people who have been raised -- That happens to be my mother and my aunt that spoke before. We have five generations in that neighborhood. We wish not to leave there. They want to die there. But everything that's going around us is growing too quickly, and they really don't care on our opinions, and the effect it's having on all these old people. They walk to their store two or three times to mop -and -pop stores that we have that will go away if all this development comes in, because they all will pass them. Those people can't be here today speaking in their behalf, and this is why I'm here, and I am part of the association. I happen to be the president, and I do go door to door and ask their opinion, because I care about Wynwood. I was raise in Wynwood. I am Wynwood, okay? And just like the Grove fights for themselves -- We have trees. I have birds. I have a granddaughter who sits in front of my yard everyday to feed the Blue Jays that come and eat in my front porch. We're losing all that, because we're too worried about the money and the developments that are going around us. And we ask for -- we ask with our kindest heart for you guys to help us out and not allow these things to grow so fast and take over us. Right now on 32nd Street, I used to stand and look, and I would see the sun ray -- rise. You can't see that, because we have 87 floor buildings in front of us that you can't even see the sun until it's 12 o'clock in the afternoon. Everything in Edgewater is covering the whole bay. You can't even walk to the bay anymore. All these old people come here and they come here scared. They have to take their pills and everything, because they're afraid to stand here and fight against the people who have the money that want to step over them, and we will keep on fighting, because we don't want those changes in our neighborhood right now. And I had a person come the other day take pictures of our home, and had the audacity to come and tell the old people, "Well, you're getting old,• you'll die one day. " That's not fair for them neither. They get harassed daily by people taking pictures, telling them they're going to step over them. That's not going to happen, at least as long as I'm alive. I thank you so much, Commissioners. Chair Hardemon: Be --passion, right? Before we move forward, to our translator: Relax. "Tranquilo, " right? You can do this. Its "tranquila. " Unidentified Speaker: No -- Chair Hardemon: Is there like a --? Unidentified Speaker: "Tranquila"for me? Chair Hardemon: No, no. It's okay. I understand high pressure. It's okay. We're here. We support you. All of them understand. I'm the only person that doesn't understand, so -- But even with me not understanding, I know, you know -- "no bueno" okay? So take your time, okay? City of Miami Page 93 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Unidentified Speaker: Relax. Chair Hardemon: Okay. Carlos Luis Giroud (as translated by Official Spanish Interpreter Geralizze Munoz): Good afternoon. My name is Carlos Luis Giroud. I feel very fortunate to live in the Wynwood community. I live in the 291 Northwest 30th Street. I feel very proud, and I support the initiative of the Projects 7 and 8, because I think that they will contribute to the progress of the community, and it would also provide more security to our generation and the future generation. Thank you very much. Chair Hardemon: Thank you very much. Good job. Good job. And she works for the City. No, she's with --the translator, yeah. Yeah. You're recognized, sir. Wilfred Vasquez: Good afternoon, Commissioners. Wilfred Vasquez, 3223 Northwest 3rd Avenue; been in Wynwood for 52 years, so I've seen the changes. First and foremost, I thank you for cleaning those alleys, paved them; bicycle path, beautiful lights. Chair Hardemon: Glad you like it. Help me keep them clean. Help me keep -- because I -- we're going to do an education campaign. Mr. Vasquez: (UNINTELLIGIBLE), administrator from Wynwood -- (UNINTELLIGIBLE) you met him, back when Wynwood '80s, nightmares; '90s, when the City was having financial problems, me, him, cleaned those alleys. Chair Hardemon: Now I think -- Mr. Vasquez: Okay? Chair Hardemon: -- they're beautiful, and we're doing phase two. We have more alleys that we're add -- include -- that we're including. Mr. Vasquez: Lights. Chair Hardemon: The lights in this alleyway are better than the lights in the street. Mr. Vasquez: I see people riding bicycles now. Chair Hardemon: I've seen people walk with women in the alleyways now, so that tells you how safe they feel walking through the neighborhoods in the alleys, so -- Mr. Vasquez: Okay. Anyway, to give you a --just a little -- I only have, what, two minutes? Chair Hardemon: No. Start his time over. It's okay. Don't worry about the time. Mr. Vasquez: (UNINTELLIGIBLE). Okay. Chair Hardemon: But -- Mr. Vasquez: In the -- let's go back 19 -- I went through Buena Vista, Robert E. Lee Middle School there. After I left for the military in the Army, I did my service for six years; came back to Wynwood. I own a small portfolio of properties in Wynwood; rehabbed them; great tenants. Yes, I understand, you know, that these ladies have been therefor many years; they've seen the changes. It's displacing a lot of people. City of Miami Page 94 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Gentrifications happen all over the world. I've been very fortunate with my beautiful wife. We travel the world, and I've seen neighborhoods that I, myself, was there overseas while I was in the military, going back and seeing changes. I'm talking ghettos that, overnight, beautiful cities. Wynwood, sooner or later, gentrification's happening. It's going to happen. There's this development coming. There's a -- 7, 8, PZ. I believe this is the right development that we need in Wynwood. I mean, I don't want to see 50, 60, seven -story buildings in the neighborhood. Like this lady said, she used to see the sunrise. I understand exactly what you're saying. I used to get on top of the roof and -- as a teenager, you know, and fix roofs, and I used to see the skylines of Miami, and this -- that's what motivated me to invest in Wynwood from early -- after I left the military; properties that people would give them away. Chair Hardemon: Not anymore. Mr. Vasquez: It they took the right person to go there and start rehabbing those properties. I used to be a law enforcement, City of Hallandale, you know, so I understand where they are. You know, everybody's concerned about taxes. They don't want their way of living to change; I understand that very well, but sooner or later -- as I said, gentrification is happening all over the world -- it's going to happen. Thank you. Chair Hardemon: Thank you, sir. Sir, you're recognized. Robert Redden: Hi. My name is Robert Redden. I live at 245 Northwest 31st Street. I haven't lived there 50 years; I've lived therefor three years. I bought it three years ago. The one thing that I like about what these people are doing and what happening in Wynwood in the last three years is the safety of Wynwood. And when I first moved into Wynwood, there were people -- tons of people hanging on the streets, just hanging around. There were people over on other streets on -- not necessarily on Northwest 31st Street -- but there's guns, there's people that are -- you know, I mean, people being shot at. I don't know. These are just stories I've heard, you know, but I know that the last time -- excuse me -- the last time that you had the hearing for this particular situation, somebody in the -- one of the Commissioners was talking about the low-income housing, which a lot of people here have been talking about it today, too, about other things, I guess, but the thing that I'm interested in is, I'm very interested in low-income housing. As a matter of fact, I'm the president of an academy for homeless people. It's a nonprofit. So I get the whole, you know, low-income, poor homeless people, but what I don't get is, is that the people that are in the neighborhood that are basically hoodlums, like I said the last time, they really -- I mean, you're talking about some dangerous situations throughout that whole entire area, and I think that little by little by little, it goes away. And I get that the people get displaced, and they don't have their $400 property to live in anymore, but they're not going to have that anyway, regardless of what they do. They're still going to build their building on their property. It just may not be the way they want it, but they're not going to be renting the properties for $400 a month either. And I just think that that's an obsolete thought, you know, that one thing. I also think that -- I'm a little bit confused. Maybe I'm wrong, but when I moved into Wynwood, I was trying to find out about a neighborhood association, and everyone told me, "There isn't any. " And my neighbors that lived around me for 50 years or 40 years and all that, you know, they're super. These are like the nicest people I've ever lived next to, seriously. I mean, they're people on either side of me, and I think these people are very nice too, actually. But I don't understand what the neighborhood association is, if people are belonging to it, because nobody on my street knows about it that I know about, because I've asked a lot ofpeople. So I don't know what that's all about. But I do support what they're doing and -- Anyway, that's all I have to say, and thanks. City of Miami Page 95 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ana Piloto: Good afternoon. My name is Ana Piloto, and I'm here because I have been in Wynwood since 1974. Unfortunately, my father is not around to see the changes that are coming to Wynwood, things that he thought would -- things that he dreamed about. The reason I support this program is because I honestly think that Wynwood deserves a lot better than what it's gotten in the past years. When my parents first moved into Wynwood, my mom was told that they were going to kill us when we lived there, and she literally tried to jump off the car going on 836. So we've been there since 1974, and fortunately for us, it's always been a good experience. I went to Buena Vista. My son went to Jose De Diego. Yes, I'm looking forward to being able to move back to Wynwood. I hope that this does come through, because I would love to live there again, and realize a dream that not only I had, but my dad had. We owned property where this project is going to be proposedly built, and I would really love to go back and enjoy Wynwood how it should always have been. Unfortunately, crime rate and all the other things that are happening and had been happening are getting better, and I know that that there is a lot of problems still, but this should bring in a lot of new blood, new people to give Wynwood what it should have. Not all the communi -- not everything is built in one day. We have to get rid of some of the bad and add some of the good, and I know that there is a lot of good people that would live there if there was the proper infrastructure for them to go back. Thank you. Chair Hardemon: Sir? You're recognized, sir. Julio Piloto: Hello. My name is Julio Piloto. That is my older sister, which (UNINTELLIGIBLE). Ms. Piloto: (UNINTELLIGIBLE) sister. Commissioner Gort: Oh. Vice Chair Russell: All right. Commissioner Gort: You have problems. Vice Chair Russell: Sergeant -at -arms. Mr. Piloto: We've lived and worked in Wynwood for 45 years; as she said, since 1974. We've seen a lot of things happen in Wynwood,• some good, some bad. We highly support PZ.7 and PZ.8. I'm also one of the ones who would love to go back and live there. We lived therefor 20 -something years, and just would love to see this happen, see this flourish. Thank you. Chair Hardemon: Thankyou, sir. You're recognized. Luis Esqueda: Hello. Good afternoon. My name is Luis Esqueda, and I'm a business owner in Wynwood. And we strongly support this and any other items that would bring life to Wynwood at night. People living there would be great, because we see that after 7 or 8 o'clock in weekdays, there is not much people around there anymore. There is hardly any residents visiting the businesses, so we believe that it would be great for the neighborhood to actually have new blood coming in, as the Piloto brothers were mentioning. So we think that it's a great measure, and it would be good for the community, good for the businesses, and also will bring lots of income to the City in property taxes. So thank you. Chair Hardemon: Thank you very much. Seeing no other person here for public comment, I'm going to close the public comment at this time. City of Miami Page 96 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Later... Chair Hardemon: Ms. Grace, I know you had something that you wanted to add into the record. I want to give you a quick opportunity to, and I'm assuming this is -- I'm going to take this as public comment, and because I know you're watching on television, you know. Grace Solares: The only reason why I'm here now is because I was watching that on TV (television), and I couldn't be here at the time; otherwise, I would have been here. It has to do with the revocable license for the museum again. I'm going to read to you, Commissioners, from the case of Bans versus Tatum (phonetic); and to you, too, Vicky. Licenses -- "License may generally be revoked at pleasure of grantor" -- in the case of the Museum, grantor is you -- "no matter how long continued, but does not apply" -- does not apply -- "when permission is granted to use property for a particular purpose or in a certain manner, and in the execution of that use by the licensee, he has expended large sums or incurred heavily obligations for its permanent improvement, " dah, dah, dah, "rendering license irrevocable. " So be very careful who you give revocable license to. When Commissioner Sarnoffgave the St. Stephens land at Peacock Park -- I've circulated a case that I don't have it with me; I'll send it to you all; that it was even stronger than this one, with reference to, if they make improvements to the land, they can keep the land. They can stay there forever. So when I came in, I saw that -- the City Manager and I said, "You better hurry and negotiate whatever you're going to negotiate, because if they get that revocable license and they do the improvements on that land and they spend money, they already have possession of the land, because the license becomes irrevocable. " So he goes, "You're going to say that?" "Yes, I am going to. I'm going to put it on the record. " So I'm only bringing this case -- I'm going to give you these two cases. I'm going to make copies for Commissioner Carollo, because I really got scared when I heard him say he was going to raise my taxes. Commissioner Carollo: No, I -- Ms. Solares: I got very scared on that. Chair Hardemon: That's not what he's saying. You know he didn't say that. Commissioner Carollo: No, I didn't say that. Chair Hardemon: He wants to keep from raising your taxes. Commissioner Carollo: I didn't say that. Ms. Solares: He said, "We need bring money in here. " Commissioner Carollo: So that one of the possibilities of that happening would not happen, and I made it clear that all of us here would vote against that. Commissioner Reyes: Yeah. Commissioner Carollo: So. Ms. Solares: Good. But if you need the money to pay for my garbage pickup, you're going to have to raise my taxes. Commissioner Carollo: Well -- Unidentified Speaker: It's just a garbage fee. City of Miami Page 97 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: But thank you for coming, Grace. Chair Hardemon: And I want to make it clear on the record that the motion that passed results in a failing vote -- I mean, that PZ2 fails; just want to be clear, because I write -- I always write down pass/fail. You don't really get a chance to see 'fail" a lot of times, but PZ.2 failed. Okay. Commissioner Carollo: Chairman, again, I apologize, but I have to go for the reasons that I've stated already on the record. Chair Hardemon: Got it. Commissioner Carollo: If anyone would like to withdraw their application until you have a full Commission, you certainly are able to do that, but, you know, I didn't plan this. I apologize. I thought it was going to be over a lot sooner. Hopefully, you guys don't take two hours or more, but anyway. Chair Hardemon: All right. Thank you very much. Commissioner Carollo: Thank you. The following item(s) shall not be considered before 2:00 PM: PZ.1 RESOLUTION 3181 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION Planning PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A BAR IN A GENERAL URBAN TRANSECT ZONE (T4 -L) FOR THE PROPERTY LOCATED AT APPROXIMATELY 5300 AND 5310 NORTHWEST 2 AVENUE, 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, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.1 was continued to the March 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 1, please see "Part B: PZ - Planning and Zoning Item (s). " City of Miami Page 98 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 PZ.2 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 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SET FORTH IN SECTION 163.3187, 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: Deny RESULT: DENIED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Intervenor status was granted, without objection, to Emily Clemente, Myrna Charlton, Kevin Cote, Susan Cote and Jerry Schuman pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.2. For additional minutes referencing Item PZ.2, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: What we can do is we can move into Item PZ.2. I believe Item PZ.2, there was an individual that wanted to intervene or take intervener status on PZ.2. Tucker Gibbs: Yes. Chair Hardemon: And so, I'll allow you a brief opportunity to make your argument. I know you said some things on the record, but please. Mr. Gibbs: On the intervention or on the merits? Chair Hardemon: On the intervener status. Mr. Gibbs: On the intervener status, okay, because I had made that comment before, and I -- now I understand. Chair Hardemon: All right. Mr. Gibbs: Okay. My name is Tucker Gibbs, law offices at 3835 Utopia Court, in Coconut Grove, and I'm here today representing Emily Clemente, Myrna Charlton, Kevin Cote and Susan Cote, and ,Terry Schuman. Chair Hardemon: And all those individuals, as you stated -- Well, just go ahead. Move forward. City of Miami Page 99 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 Mr. Gibbs: Yes, those individuals spoke. I'm representing them to represent them on legal issues that are pertinent to this issue, as their lawyer. My clients received notice for the January meeting, which is the first indicia in law of whether or not you have standing. You -- they also -- and you have to --for standing, you need to show that the interest of the party, the intervener party, is an interest in the matter that is different and greater than the public at large. My clients, because they received notice, are recognized by the City of having such standing, because notice only goes to people within 500 feet, and there's a reason for that, because the City, legislatively, has deemed that those people are more affected by these zoning matters than people who live beyond 500 feet. Is that determination absolute in law? No. But it's an indication, and it's the first indication in the Reynard case, which deals with this. They also have attended and spoken at the Planning and Zoning Appeals Board meeting back in April to show their involvement in this issue, their interest in this issue, and that interest is greater. They spoke at that meeting. They also spoke today. You heard their presentations as neighbors, as people who are interested and had specific concerns regarding, as I said before, the impacts of noise, traffic, and other negative impacts on their quiet enjoyment of their property, as stated at the PZAB (Planning, Zoning & Appeals Board) and at this meeting. They're also concerned with the increase in traffic, as they talked about, and related safety issues that will likely result from the land use change that will allow a more intense use on the property. And these are all interests that are not shared with the general public, and for that reason, I would request intervener status so I may make a legal presentation regarding this matter. Chair Hardemon: Thank you very much. Counselor. Wayne Pathman: Yes. Mr. Chairman, Commissioners, Mr. Manager, Mr. City Attorney, my name is Wayne Pathman, of Pathman Lewis; also with me today is Javier Fernandez of Berger Singerman. With regards to intervener status, I think there needs to be some clarification. We are here not seeking to file a typical application that you would be -- that you would normally hear for land use or zoning. We are here simply because the City has failed to act for over nine years on issues related to making sure that their Comp Plan, FLUM (Future Land Use Map), is compliant with Florida law and their zoning. So we are not the typical applicant. This is not a zoning matter. I would ask that the learned Planning Director and City Attorney actually give you some history here so that you better understand why we are here before you make any decision about intervener or before I present any evidence into the record, because this is not a situation where I'm going to ask you to approve a project. What I am seeking today is asking you to correct an error that was made in this City nine years ago when you did Miami 21; and a number of properties, approximately 95 properties, which comprise about 92 acres in the City, were not properly designated in the Comp Plan. You have very little recourse with regards to what decision you make today. There is a compliance requirement. Your staff recommendations are extremely strong. In fact, your Planning Director, in the last paragraph of his recommendation, says, I strongly recommend that you make this change. " Your City Attorney has opined that, legally, you have to make this change. And there's case law that I will introduce that says, in the Third District, which is the district that we're in, that you must make this change; that you have to have a situation where you are fluid and compliant with your zoning and your Comp Plan. So again, we are not seeking anything. We are the ones who are simply saying, because of inaction, that we had to come before the Planning Board first, which recognized it was a City problem -- even though they voted against it, they wanted to hear what the Commission had to say -- that this is something that the Commission must decide with regards to, are you going to correct the problem between the zoning, Miami 21 from nine years ago, and the current FLUM or Comp Plan as it addresses this area? I would also like to add that everywhere -- and we have slides that we'll show you, if we go further, that everywhere on U.S.], none of City of Miami Page 100 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 the people who were in the neighbor -- and I respect what they're saying, and I understand what they're saying -- but this was not a decision that was made by my client on the zoning. This was a decision made by this Commission and this Administration here nine years ago. It is on U.S.]. No one mentioned that the property fronts U.S. 1, and we have slides and information that we'll show you that it's the hole in the doughnut. It should not be the hole in the doughnut. It should be consistent with the rest of the plan and the rest of the zoning, as this City took under nine years ago. I would ask that if the Administration speaks first and advises you what their recommendation is, it might clear up a lot of the dust and why we're actually here today, because we're not seeking zoning change. We are not seeking to build something that we're not entitled to. And this will not increase density or intensity. Chair Hardemon: Okay. So you're not making the argument in regards to the intervener status. You're simply saying that you should not be decided upon the intervener status, because you believe that this should be procedural and not necessarily something that is of substance that you should be -- Mr. Pathman: Right. It's not something that we are asking for a change. And nine years ago, you held your hearings with regards to this, when the City was making the recommendation to change Miami 21. Somehow, a number of properties -- of which we are one -- slipped through the cracks and were not codified or not changed in the FLUM of the Comp Plan. It's nota request by us. The zoning is not something that we are seeking or asking. You made the decision nine years ago to put that zoning in place. Mr. Gibbs: Mr. Chairman, could I just respond briefly? Chair Hardemon: Please. Mr. Gibbs: I'm not asking to sit here and make a case on the details that he's talking about. I'm talking about the procedure, the same issue he is. If this were an application brought to you by the City, there would be a public hearing, and you would all listen, as you did to my clients, and you would probably listen to an attorney. I understand what Mr. Pathman is saying. What I'm saying is, I want the opportunity, on behalf of my clients -- because he's going to make a legal argument regarding the necessity to make that particular change. I just want to respond to his legal argument. That's all I want to do. Chair Hardemon: No, I understand and the board understands what the intervener status grants you. You have a question? Vice Chair Russell: Thank you, Mr. Chairman. There's something I'd just like clarification from Mr. City Attorney that was just stated. This is not a request or an application for an entitlement? Rafael Suarez -Rivas (Assistant City Attorney): Well, this is an application for a Future Land Use Map amendment, so it is a request for that small-scale amendment. I mean, that's what it is. Vice Chair Russell: I think I understand where Mr. Pathman's coming from; that he feels that this is an error we should have corrected. But for lack of us having corrected it, this is an application for a change, and that change would alter the value of the property. So I think that should at least be put out there as being what it is. City of Miami Page 101 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Pathman: I would respectfully disagree. We came to the City asking the City to fix their problem. Nine years later, it's still not fixed. In order to for us to move forward, we have -- we were -- the City advised my client -- and it was not a time when I was representing him -- "You need to file this application so we can fix the problem. " That was not good advice. What should have happened is, and what is recommended by your City Attorney in a recommendation, to -- and there's a paragraph in the recommendation to the Planning Director -- fix this administratively. That did not happen. That opinion was written in 2015. We are here simply because we had no other recourse. We are turning the tables on zoning here today. We are turning the tables on land use. There's a very, very important case, which I have copies of, which your City Attorney is aware of, called the Woodlawn case. It's decided in the Third DCA (District Court of Appeals). It is still good law today. And it stands for the proposition that you can't have inconsistency where you vote for one zoning change and you don't fix your Comp Plan. And the problem that you have -- and I sympathize -- is that you really can't go the other way. The Woodlawn case says that if you deny frying your own Comp Plan that you should have done nine years ago, the Court says you can't win. The Court simply says, you can't have the hole in the doughnut. You can't have what they -- some refer to as "reversed spot zoning. " What I'm asking -- what we're asking today is -- Again, it's not like the simple application where we're seeking zoning or some of the things --other things that you heard today. This is --we're coming forward. We're saying, "You haven't done this. You need to fix this." So I don't agree that that -- And I think the -- if the City Attorney looks at their own opinion, you would find that they're saying it's a scrivener's error, okay, which clearly supports my argument that it's not a zoning matter and it's not a land use matter, in a sense. You have to fix your problem. We're just bringing it to your attention. And we've provided a lot of information to staff; and that's why I said, maybe, if you heard from your staff first about what they have spent a lot of time on over the last couple of years opining on this issue, I think you would understand why I'm saying what I'm saying. Vice Chair Russell: Mr. Chairman, just to clarify. Did you state that your client asked nine years ago for this to be changed, and it hasn't been changed since then? Mr. Pathman: No. I said, nine years ago is when the zoning -- Miami 21 happened. Vice Chair Russell: 21 happened. Mr. Pathman: He came here initially a few years ago and said, "Okay, there's this problem that I found out with the zoning and the Comp Plan. City, what are you going to do?" City punted. City said, "Well, you're going to have to file an application. We're not going to fix it internally. " But since then, if you look at the City Attorney's opinion, it says that it could be fixed administratively, or should be -- should have been fixed administratively. It's -- this is not something that the City has not been aware of. It's been known for nine years. You have 90 -some odd properties that are similarly situated, and imagine what's happening out there in the community. My client at least came in first and said he wants clarification. There are a lot of properties that have probably either been developed, relying upon the Code most likely, because most people look at the Zoning Code first; and they may have, you know, had a transaction that concerned the property, where they traded hands, thinking this is what the Code permits; or they may have actually built something, and now they may be in, you know, the black hole of, "Well, what is the City going to decide going forward?" I urge you, as someone who's concerned for the City --and not just for my client --you have to fix this problem. You have 90 - plus properties. The problem has to be fixed, and it has to be consistent. The Florida law, under Chapter 168, I believe it is, says -- 63 -- 163 -- it has to be consistent. Your zoning and your Comp Plan have to mirror each other, and that's what we're trying to address today. We are not saying, "Hey, we want our property City of Miami Page 102 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 to be changed to this zoning. " We already have the zoning. We just don't have the fact that the Comp Plan reads the way it should, as identified by the City Attorney. Vice Chair Russell: Mr. Chairman, I think I can put this part of it to rest, in that I am glad and respect that the Planning and Zoning Director is bringing these issues to us, because if there's 99 inconsistencies, where our land use and our zoning don't actually match up, it's true, we do need to fix that, but I don't believe it's an administrative fix, because the fix is a policy decision. It was a policy decision that should have been made back then, and it's being pushed to us today. And the effects of that decision, one way or the other, can affect a lot of residents in a very significant way or a lot of landowners in a very financially significant way. And so, both sides have a case and have rights; and in every case, I think it should be weighed and it should be dealt with by this board. There's no just broad -brush consistent way, I think, to fix all of those problems. You could say, they should all be -- you know, the land use should be increased to match the zoning or the land -- the zoning should be increased to match the land use, but there's a flip side to that. What if it should be the other way? So I think, you know, these are to be weighed carefully, and that's what we're here to do today. But I do believe this is an application before us to change the land use, and so, we should treat it that way; not as an error that we're rectifying, because this is an app -- By the way it's been presented to us, it's as an application, so I think the intervener status should follow that model. Yes? Chair Hardemon: Well, I want to first ask a question. I know there's more than one requirement in determining whether or not someone meets the intervener status,- certainly, tatus;certainly, proximity to the location and the effect that it has on that property owner; you described that perfectly. But are there any other factors that we should consider that has not been --? Well, are there any other factors that we should consider, first of all? Mr. Suarez -Rivas: Well, those are the factors under the case of Renard versus Dade County. And I don't want to speak for any counsel, but I believe counsel alluded to some of those factors about the notice, about the proximity of certain people, in making the argument for intervention. And also, this is a Comprehensive Plan matter. Even though it's small scale, it is a Comprehensive Plan. And under a case known as Payne versus City of Miami, and other cases, there is a slightly more liberalized standard for Comprehensive Plan than there is for zoning, and this is a Comprehensive Plan change. Chair Hardemon: Well, I want to speak more so to the intervener status first. I want to get that settled. And so, for instance, on the aerial shot that's before us -- I'm looking at the application, and it has an aerial shot of the subject property. And you -- can you identify which of these properties are the ones from the clients that you represent? Mr. Gibbs: I can generally do it, because I did it on my Wad, and I can't put an "A" through it, but I can hand it to my clients and they could put an "X. " Chair Hardemon: Can you point to it so we can see? Mr. Gibbs: Yes. Chair Hardemon: Okay. Please. You can write on mine; that's fine. Oh, you have a pen, okay. Javier Fernandez: Mr. Chair, if we can just quickly address a point Commissioner Russell made regarding the application, if that's okay? City of Miami Page 103 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Okay, that's fine. Mr. Fernandez: Thank you, sir. Again, to the issue of the application and whether this issue should be revetted again, what the potential interveners are asking you to do constitutes a collateral attack on a prior decision this Commission made with regard -- legislatively, with regards to the zoning for this parcel. Nine years ago, based on competent and substantial evidence in the record, which all the individuals here had notice of, the zoning was changed from T5 --from whatever it was to T -- an R3 designation to T5-0. That was a policy decision made by this board, supported by the evidence, which we may end up touching upon in the record again, at that time. At the same time as a companion, this has been a zoning -driven master plan, much like other master plans of the City. The City has prioritized a focus on zoning; not on its Comp Plan. There are two approaches you could take in either case, but the two most recent efforts, both the Miami 21 and in the case of Wynwood, it's been a zoning -driven master plan exercise. The Comp Plan in this case was amended to create a new designation, a category specifically to allow and support the zoning that was adopted for the site, and that's medium -density restricted commercial, which, prior to the change to Miami 21, did not exist in our Comp Plan. What simply happened in the case of this site and a handful of others, 95, not all medium density restricted commercial was that the FLUM, the map itself, the atlas in our Comp Plan, was not adjusted to reflect that new category for this site. So again, I would just submit to you that reconsidering the zoning is barred via collateral estoppel. It's been decided. We should be allowed to rely on it. And we think that because your Comprehensive Plan very clearly in its table identifies this as a designation that is a companion to that zoning, you really have no choice but to approve this particular application, but again -- because it was nothing more than a ministerial error. Chair Hardemon: So I have a question for you. Mr. Fernandez: Sure. Chair Hardemon: Is there anything -- is there -- is -- I mean, is there any precedent that basically says that because one -- because -- say, for instance, the zoning was changed, that the land use has to follow? What happens if the vote for zoning passes -- Mr. Fernandez: Yes, sir. Chair Hardemon: -- but then the vote for the land use does not pass? Mr. Fernandez: You have a perfect example in the City very recently. In the case of the Wynwood NRD (Neighborhood Resource District), some of you might recall -- I think, certainly three of the Commissioners were present for that vote -- there was, again, a zoning -driven master planning process that resulted in a change to a transect T5 that allowed for a density of 150 units an acre. Typically, T5 across the City is capped at 65 units an acre. In that specific instance, there was a pocket of the Wynwood NRD that the zoning was changed to liberalize the density, but the Comp Plan designation that was supposed to accompany it was not changed. So the designation was left at medium density restricted commercial, the same designation as we're asking for here, but it needed to be changed to restricted commercial in order to effectuate the zoning change and the additional density that that Code was providing. Chair Hardemon: But -- right, but -- City of Miami Page 104 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Fernandez: And a year later, the City brought that back and corrected the oversight. Chair Hardemon: Well, they made changes. We made changes. Mr. Fernandez: Correct. Yes, sir. Chair Hardemon: But my question to you -- Mr. Fernandez: Yes. Chair Hardemon: -- is that in this error -- this is not that. So what I'm trying to understand is, in this case -- and this goes away from the intervener status. Mr. Fernandez: I understand. Chair Hardemon: And I'm sure you're about to (UNINTELLIGIBLE) -- with that, but in this case, why must it be that the land use be brought to the zoning? Why not the zoning brought to the land use? Mr. Fernandez: For two reasons. Chair Hardemon: And that's the part -- Mr. Fernandez: Yeah. But I mean -- Chair Hardemon: -- that I want -- is there any precedence that says that --? Mr. Fernandez: This is getting beyond the intervener discussion, but, certainly, I think that for two reasons. One is, your Comp Plan identifies this Comp Plan designation as the companion designation to the zoning that was approved nine years ago, number one. Number two, to Mr. Pathman's point, the case law says that you need to treat parcels in a way that is consistent with the treatment of parcels immediately abutting them. You cannot discriminate based on zoning. You have to exercise your police powers in away that is reasonable and not capricious. And so - Chair Hardemon: Now, that makes good sense. Mr. Fernandez: Yeah. Chair Hardemon: But still -- right? So -- Mr. Fernandez: And just to close that point -- Chair Hardemon: Okay. Mr. Fernandez: -- all the other properties within a five -block vicinity in this corridor on the south side of U.S.1 have a commercial land use designation -- Chair Hardemon: But -- Mr. Fernandez: -- and they abut residential districts to the immediate south, so that's -- Chair Hardemon: -- I'm looking at a -- I'm looking at -- on this Future Land Use Map and also on the existing Land Use Map, the subject property abuts a duplex City of Miami Page 105 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 residential and also medium density multi family residential. It does not abut the restricted commercial. You know, so -- and that's why I say -- like when you say to me, okay, It was a mistake, " you're saying it was a mistake in the favor of your client. And we'll get into this later, because I don't -- Mr. Fernandez: Sure. Chair Hardemon: -- want to delve into it now, but I -- certainly, I want to hear about this. Why is it not a mistake in favor of the homeowners, who are saying that it should remain as it is; that that property was intended to be like that? It was intended to stay -- Mr. Fernandez: Sir, the answer is very straightforward and simple, if you'll just allow me one second. In the evidence supporting the Miami 21 zoning change, you'll see a study that was done by DPZ (Duany Plater-Zyberk) that identified this corridor, this portion of the corridor as one that should be intensified, because, one, it's on a major commercial thoroughfare; and two, because of its proximity to zoning, which is consistent with proximity to transit. So the additional commercial uses, based on those two factors, are consistent with other elements of your Comprehensive Plan and your transportation element, among others, that would -- that supported the intensification of the zoning for this site, so that's, I think, the other reason for it. Chair Hardemon: Okay. Let's get back to the intervener status. Mr. Gibbs: Okay. I'm -- Chair Hardemon: Yes. Mr. Gibbs: -- a little confused here, so what I did was I put the "A" here. The "A" up here. Clients are here, here, here, and here. Forget about that one there. And here. And each of these are 50 foot frontages. That's how I measured the distances that I said before. This is the closest person -- that's Ms. Charlton -- to this project, and she is easily within 100 feet of this property. The notice goes out 500 feet, so they're within the notice area and -- they're well within, with the exception of Ms. Clemente, who is down here, somewhere here; right there, I think. So those are the locations. May I please continue? Chair Hardemon: Please. And Mr. -- or Madam City Attorney, we've had these sort of issues come up before us before. I remember there being some case law that talked about abutting properties versus properties that may be across the street or a little further down, and I know we've made decisions with that in mind. And I mean, this is kind of like -- Unidentified Speaker: I understand. Chair Hardemon: How do you -- they say -- Vice Chair Russell: Splitting hairs? Chair Hardemon: -- splitting hairs. So you understood that. This is like splitting hairs, because, obviously, if you end up representing one, then effectively, it's to the benefit of them all. But is there any case law that we should consider in making this decision, or do you have an opinion on the matter regarding his intervener status request? Because what I'm looking at -- in the image of the houses starting at least four properties away from the subject property. City of Miami Page 106 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Gibbs: Two. Ms. Charlton is only two properties away. Chair Hardemon: Well, I see it's subdivided at three. It may be two houses, and maybe there's a vacant lot. Mr. Gibbs: The property line is right here, and it's half or three quarters of this property, and then this property, and then her property. These are five -- 50 feet each. Victoria Mendez (City Attorney): Chairman, based on the information that Mr. Gibbs had given me with regard to their proximity, that they were about two properties down, I think they qualify as intervener status; more so, that this is a land use and not necessarily a zoning item. Chair Hardemon: Okay. Is there any further comment that any of the attorneys -- the opposing attorney wants to put regarding the intervener status? Mr. Pathman: Well, other than what we've already mentioned, you know, our belief is that they're estopped from making or asserting the intervener status, because that should have happened nine years ago. Two, while I respect the City Attorney, we shouldn't be here. We shouldn't -- You're looking at it as an application, yes, but that's only because the City hasn't corrected their own mistake. We're not seeking zoning change or land use change today. We're asking you to correct your mistake. So I don't think that gets us here. Chair Hardemon: When you say that -- I just want to be clear -- you're saying that because, theoretically, it should have been done already, but in fact -- I'm just asking. I'm not -- I just want to be clear -- but, in fact, this application is an ordinance of the Miami City Commission, amending the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. So, in fact, it does make a change, but what you're saying is that it should have been done -- Mr. Fernandez: To summarize in sum, I think it -- but for the City's omission in listing this property as being designated medium density restricted commercial when the FLUM was adopted in 2009, we would not be here. So there was just an omission in the designation on the map that was adopted -- Chair Hardemon: Okay. Mr. Fernandez: But the intention was clear. Mr. Gibbs: And Mr. Chairman, this was advertised as a public hearing. Chair Hardemon: No, no, no. I understand -- Mr. Gibbs: And that's the reason why. Chair Hardemon: -- both -- Mr. Gibbs: Yeah. Chair Hardemon: -- positions. So, at this point, if there is not any objection to the intervener status that's being -- that's been requested by anyone on the board, then I'll consider the intervener status as approved. So no objection. All right. Now, let's do this: We need to go into the -- into why we're here. So, what I'll do is, I'll allow the City to speak first, tell us about this application, and then I'll allow the applicant the opportunity to just make a quick introduction of what it is you're here prove, and City of Miami Page 107 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 then I'll allow you to do the same thing, introduction to what it is that you're herefor Mr. Fernandez: Okay. Chair Hardemon: -- and then I'll come back and I'll give you the time to make a presentation, I'll give you an opportunity to make a presentation, and then I'll allow some rebuttal, if need be. Okay? Mr. Pathman: Thank you. Mr. Gibbs: Thank you. Chair Hardemon: Mr. Garcia. Francisco Garcia (Director, Planning and Zoning): Thank you, sir. I'll be brief. I think many of the attending facts have already been laid out by others before you, but I'd like to summarize, at least by way of introduction, by saying the following: It is the case that approximately eight years ago, and prior to my tenure as Planning & Zoning Director, the City Commission at the time provided information, instruction, and direction to the Planning and Zoning Department to change the land use for this property, for the subject property from what it was at the time, which was medium density multi family residential, to medium density restricted commercial. And as also presented to you previously, that information was embedded in a statement that said, `Make amendments to the land use designation in the Miami Neighborhood Comprehensive Plan to match the zoning provided for. " And the zoning, as we know, in fact, has been changed, and is today T5-0, which would require that commercial component on the land use designation. That was a direction. That was sufficient information at the time for the then -Planning and Zoning Department to take the action that is requested today. The action, however, was not taken at that time. It is also true that that has resulted in a mismatch, an incongruity between the land use designation and the zoning designation. And it is also true that when that happens, it must be corrected. I'll say, because it is important to say it, and because, as you know -- and I've briefed you each on this particular matter -- there are a number of other properties elsewhere in the City of Miami and also abutting the subject property that have experienced the same mismatch, and it is also certainly our intent to correct all of those diligently. One additional fact: It is true that some time ago, I was provided advice that these matters could be dispensed with administratively. And when presented with that option, I frankly opted not to exercise that option, and thought that it was much preferable to have any and all of these errors corrected in the most transparent and public fashion possibly accomplished, and that that would be to bring it through a public hearing all the way to the City Commission. And when I inquired as to whether that would be an option, I was not told that that was not so. So given the option between correcting all these mistakes administratively or bringing these to your attention and to the City's attention, the citizens' attention, I opted for the latter, which is what brings us here today. That said, again, all the evidence that we've gathered, all the material and data to support the application that we've gathered does indicate that the intention of the City Commission at that point and time was to change the land use from -- and I'll say it again --from medium density multi family residential to medium density restricted commercial to match a TS -O zoning designation given. That is not only the case for the subject property, but for properties in the near vicinity of the subject property, both to the east and to the west, stretching all the way along the U.S. I corridor. And it is also true, as has been mentioned before, that the predominant reason for that recommendation has to do with the fact that all the properties in question abut -- or affront, more precisely, the U.S. I/South Dixie Highway Corridor and are also within the Transportation -Oriented Development Area that is generated City of Miami Page 108 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 by the Metro Rail Station immediately to the northeast. And so, that accounts for our recommendation. Our recommendation is for approval. However, I must emphasize that, in the same way our recommendation is for approval for this particular parcel of land, it is also so -- and we would appreciate receiving direction from this body to make the same corrections and bring them back to you -- for the properties immediately to the east, immediately to the west, and that would include all the properties that front U.S.1/South Dixie Highway; certainly not the ones that are more residential in nature and don't front directly the major corridor. That's what I have initially by way of presentation. Certainly happy to answer any questions you may have. Chair Hardemon: Counselor. Mr. Pathman: Let me start off by saying that I appreciate with the -- what the Planning Director has said, and I have worked closely with Francisco and respect him very much in the difficulty of dealing with this decision of whether it should be done administratively or brought to the Commission. Let me say that I represent Virginia Miami Realty, LLC (Limited Liability Company), along with Javier Fernandez. We're talking about a seven -story multi family apartment building. It is located at 2890 Virginia Street, and what we are seeking again is not a zoning change; it's a correction, as identified in your staff recommendations. We're asking that the error in the FLUM -- or the FL CAI designations that were created nine years ago, that they be adopted, per Miami 21 Code, and that would change everything from medium density multi family residential to medium density restricted commercial. It is the most logical of all the things that could be discussed this evening that you do this, for many of the reasons that Francisco just stated. This body, as a Commission, although many of you may not have been Commissioners at that time, has already decided this when you were instructed -- when they -- you instructed staff to go forward with Miami 21 to make the appropriate changes to the FL UM at that time, and the Comp Plan. Unfortunately, it fell through the cracks. It would seem odd to me that today that this Commission would take action contrary to what was presented to them in detail, in great detail, almost eight, nine years ago. We are only asking you to do what should have been done. And again, I reiterate that I find myself in an unusual position. Usually, I'm here advocating on a change or an increase in zoning or to build something or change something and -- as you would typically see a zoning thing. And I don't know really disagree with the neighbors. In fact, I've met with them three or four times. I understand their concern. And some of the things that were stated about, you know, wealthy New Yorker, and so on, that's really not the case here. This is a person who bought a piece of property, thinking that the zoning allowed him to convert this apartment building to a hotel that he wants to do in keeping with the neighborhood. And we offered and put on the table a lot of things for the residents; they rejected all of them, and that's why we're standing here today. There was comment about --and I want to clear up a few things first -- affordable housing. There hasn't been affordable housing at this site for quite some time. Those contracts or leases with HUD (Department of Housing and Urban Development) expired some time ago. There is no one currently in the building living there under that affordable status or HUD status, and that's important to understand, too. I want to now get to some of the slides (UNINTELLIGIBLE). Vice Chair Russell: Just to clam Mr. Pathman, there's no subsidized affordable housing, but the rates that are there being changed are equivalent to -- Mr. Gibbs: Oh, yeah. Vice Chair Russell: -- what they would have been. Is that -- City of Miami Page 109 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Gibbs: Oh, yeah. Vice Chair Russell: -- an accurate statement? Mr. Pathman: No. Vice Chair Russell: Your point is that there is nobody under a Federal program of affordable housing at this point. Mr. Pathman: Correct. But -- Vice Chair Russell: That's a true statement. Yes. Mr. Pathman: -- ironically, the -- what HUD was paying was greater than what we were charging for a typical, you know, apartment. So it's market conditions, like any other place in the area or apartment building in the area, but there are no affordable housing, and there are no contracts with HUD presently for workforce housing or affordable housing. Vice Chair Russell: Thank you. Understood. There is one thing that I think only our Planning and Zoning Director can unilaterally put to rest by himself Is it "FL UM" or "FL UM"? Mr. Garcia: You know, that question has never been posed to me before, but I'm going to go with FL UM. Vice Chair Russell: It is now FL UM. Mr. Pathman: Okay. Vice Chair Russell: From here forward -- Mr. Pathman: That's what I thought. Vice Chair Russell: -- the Future Land Use Map shall be known as the FL UM -- Mr. Pathman: Okay. Vice Chair Russell: -- not the FL UM, not like 'plum. " Mr. Pathman: I always say FL UM, too. I have a few slides that Javier and I want to go over with you that I think identify the issue and put things in a better perspective of what Miami -- Vice Chair Russell: Have we established intervener status yet? Because I did step out for that moment. Mr. Pathman: Yes, that's been resolved, over our objection. Yes. Vice Chair Russell: Got it. Understood. Thank you. Mr. Pathman: So, we have some slides that I think put things in perspective as to how the area came about through Miami 21 and, ultimately, what it is today, showing this hole in the doughnut, which is our client's property and some neighboring properties. So the first thing that you're looking at -- Are you --? It's not up on the screen. City of Miami Page 110 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: I'm not seeing it here either. Mr. Pathman: No. You might need some help. IT (Information Technology), anybody here? We're plugged in. All right, let's see. Back up. Let's see if we can get someone from IT to help us. So what you'll see from the first slide is, this is what --Miami 21 plan for the property to have increased the density. The star represents the property in question. You'll see the legend to the right, and it talks about what was the most appropriate, down at the bottom; increasing density and intensity. So this was part of the process that the Administration went through over nine -- almost nine years ago in identifying the area. The second slide shows the major corridors from, you know, south to north, east to west. You'll see the little green dot there -- or the green square is our client's property. And you'll see that, if you look at the legend that -- to the upper left-hand corner -- that everything is consistent in terms of the planning and what was being recommended at the time. Next, turning to page 3, you get a little bit better perspective of why it was medium density restricted commercial and why they talked about industrial. If you look at the legend to the left, you'll see in the blue and red that these are areas that were identified as commercial and industrial areas. And again, you have to take in consideration that this is the U.S.] Corridor. This is not like some building or 60 -story building was being built on this property. Our intention is to stay within the Code, which, by the way, does not permit hostels. My client is a hostel operator, but he's also an apartment and hotel operator in other places, and his intent is to operate a hotel. We are not seeking any hostel status. There will not be 10 people to a room. It'll be run like a typical hotel and at very high standards. The next page shows again identifying -- as things started to come together, you'll see that everything that's red is commercial, and the corridor that -- we see the U.S.1 corridor, where the little star is, that everything adjacent to the property is completely red, and that the other colors that are represented are consistent with the legend in the left-hand corner, which was what was proposed by Miami 21. The last page I think is the most convincing, which shows everything in blue. You'll see -- and Francisco, you're -- feel free to comment if I'm incorrect -- but the blue is consistent with the -- with everything that was done in terms of land use and zoning. The inconsistent is these four red properties, the star being the -- where my client's property is. And to get to some of the things that have been raised, you know, I find it hard to believe that the City would say, "Let's go the other way and not" -- "and change the zoning and not the Comp Plan, " because the case law to me is very clear -- I think Victoria is well aware of it -- it's not going to work. It's not going to be a good precedent that you want to set. And as Javier pointed out, you recently undertook this similar issue in Wynwood, and you voted unanimously to change the Comp Plan. And remember that eight or nine years ago, the Commission also voted to do this, to have the Comp Plan and the zoning be consistent for the commercial designation. So now, nine years later, you're going to end up changing Miami 21, which, again, like Javier said, is a zoning -driven Code -- I mean, master plan -- a way of doing a master planning and doing zoning. It would seem odd that you would want to do that, especially in light -- and I have copies if you want to see the Woodlawn case, which I believe is the precedent in this jurisdiction, and I have shared that with your learned counsel, and I don't see an argument that would allow the City to move forward, even if you vote -- If you decide to vote against it, where do we end up? We don't want to be -- we didn't want to be here to begin with. We certainly don't want to be in court. You know, we don't want to be in that position. We've never wanted to be in that position, but at some point, there has to be a decision made. So I have taken the liberty of providing -- and I'll give you copies -- like this case, which I think needs to be digested by the Commission, because it says to you, If you don't approve it, here's what happens. " And the law's pretty clear. Plus, unlike sometimes other recommendations, you have very strong recommendations from your learned staff, from your City Attorney, and your Planning Director, who just spoke, who's basically saying, "This is what we need to do. We need to make these City of Miami Page 111 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 changes. " You basically would be creating, if you went the other way, so to speak, and you changed the zoning, a veritable island, which is not permitted in zoning. It's not -- you can't have a reversed spot zone. It's not recognized under the law as a permittable thing. And you have so much record already and so many things on the record -- staff recommendations, prior Commission hearings eight, nine years ago, the proposal for the land --for the comp -- or FL UM change, as well as the zoning -- that clearly support our position. I certainly understand the residents, but to be honest with you, nine -- or eight, nine years ago, that was the time to speak up and say to the City, "We don't want these zoning changes. We don't want you to make Miami 21 " -- "allow it to be changed to have a designation for commercial. " That is not -- this is not the time that we should be here asking you to make this change. This change should have already been made. I'd like to turn it over to Javier now to make a few comments about some of the issues concerning the FLUM, and the designation, and I'll talk a little bit about the case law again, and I'll hand it out at that time. Javier. Mr. Fernandez: Commissioners, I'll be brief. I know we've got a long agenda ahead of us. I think it's important to highlight not just the case law, which Wayne will get into, but also what the Commission's past practice is most recently. As we discussed briefly, the City's approach to dealing with these master planning processes has been a zoning -driven process in large measure, because the zoning really describes the envelope and the eventual form of the buildings that will be constructed in any given area, and both Miami 21 and the Wynwood NRD are examples of that kind of a master planning process. As I highlighted before, again just briefly, with the adoption of the Wynwood NRD, there were modifications that were required to the Future Land Use Map for that area. Unfortunately, when that zoning change went forward, a eight -- an eight -acre segment, located between Northwest 2nd Avenue and North Miami Avenue, and roughly 24th and 28th Streets, was not properly remapped from medium density restricted commercial to restricted commercial, which was the designation in your Comp Plan necessary to achieve the densities of 150 units an acre in order to match the intention of the zoning in that context; again, very similar circumstance to what we're talking about here, zoning -driven process on omission in terms of the remapping of the FLUM to effectuate the intention of the zoning. In that case, this body was presented with an application by staff, which was corrected within a year's time. And your decision at the time was not to reduce the zoning, basically reduce the intensity under the zoning designation from the ISO units an acre to a designation that would allow less density. Your decision at the time, consistent with past practice, was to have the Future Land Use Map amended to reflect the expressed intentionality of the zoning master -driven process, which allowed for that additional density. Unfortunately, my presentation in your package does not include exhibits, which we'll tender on a hard copy, if you will allow us to supplement the record, which include letters provided, in pertinent part, by the planner, Mr. (UNINTELLIGIBLE), from Plusurbia, who lead that process and provided evidence in the record substantiating that the intention, as was the case evidenced here with Miami 21, was to increase the intensity and/or density of that location, and I think the basis for your ultimate decision to have the Future Land Use Map match the zoning. With that, Wayne, if you want get into the issue of Woodlawn. Chair Hardemon: I have a question for you. Mr. Fernandez: Sure, sure. Chair Hardemon: You're about -- unless you're about to get into Woodlawn now. Mr. Fernandez: He wanted to get into Woodlawn, yes. City of Miami Page 112 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Okay. Mr. Fernandez: He's making that part of the presentation. Mr. Pathman: So, on the Woodlawn case, which, as I mentioned earlier, it's a Third District Court case, which is the district that we're in. It's still good law. It's cited frequently in these types of cases. If I could just bring your attention to the first page that's highlighted in yellow on the column on the right. It says, "The Court found it was not fairly debatable that petitioner had misused its police power for reversed spot zoning. The petitioner had persisted in enforcing zoning restrictions, even though it had since rezoned most of the adjoining area and relieved virtually all property owners in the same area of the same zoning restriction; thereby, resulting in a transformation in the character of the area. " As I showed in my last page of the exhibit, that's exactly what happened here by demonstrating what's in blue and what's not, which is in red. That's what the Court is saying in that paragraph. If you turn to -- Chair Hardemon: Can you lift that one up again so I can see it? Mr. Pathman: Pardon me? Chair Hardemon: That -- Mr. Pathman: Yes. I think you have one up there. Vice Chair Russell: Here it is. Here, here, here. Chair Hardemon: Oh, it's in this? Vice Chair Russell: Yeah. Mr. Pathman: Sorry. Our PowerPoint somehow is not working. Chair Hardemon: You know, I'm just trying to -- I just want to understand the colors that you presented to us, because that blue -- I mean, what you're showing me there looks different from what's in the application, because they're different colors. The application, of course, has -- Like the restricted commercial is in red, the medium density multifamily is in brown, and then the duplex residential is in yellow, so I just wanted some clarity on it. Vice Chair Russell: Mr. Chairman, that map just shows where our Comp Plan is consistent with zoning and where it's inconsistent. That's all it's showing. So these are the errors -- Chair Hardemon: Okay. Vice Chair Russell: -- that they contend need to be fixed. Chair Hardemon: Okay. Understood. Mr. Pathman: And we've reviewed this with staff. I don't think they have any objection to what we're showing here. This has been reviewed multiple times. Ms. Mendez: But I think the Chairman wants you to clam for the record, because the items that are in our staff materials are one color; what you're giving out in a separate presentation are in other colors -- City of Miami Page 113 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Pathman: Right. Chair Hardemon: Right. Ms. Mendez: -- and they're not going to match when someone is typing it. Chair Hardemon: Right. And now I understand, because when you showed it to me, I thought one thing. What you showed me is a -- you've just colored in the consistency. You colored in your argument. Mr. Pathman: If you look at the other pages, the legends are correct, but I was trying to demonstrate here all the consistency within this corridor so you have a better understanding, and that's what the blue represents. The star only represents the property, but these, you know, five properties, four properties are the ones that are inconsistent. So, again, if you look back at the Woodlawn case and what I just read, and then if you ultimately look at other sites in here and the conclusion that the Court came to, you don't really have much leeway in terms of what you asked, Mr. Chairman, earlier about couldn't we just -- could we change the zoning? You could do whatever you want as a Commission, but you're ultimately trapped by this case, which says that you cannot create the hole in the doughnut, and that's what I just read into the record of the Court's findings. Again, this is a case often cited in our district. It's a strong case, and it's consistent with what you did back in July in Wynwood, and what this Commission did almost nine years ago, when it gave the instruction to make sure that the FLUM and the zoning were consistent and also consistent with what your City Attorney and Planning Director are recommending to you. Chair Hardemon: So when I look at the Woodlawn case -- right? -- the first thing that's interesting about it is that it talks about the -- this cemetery that's requesting that -- the rezoning from residential to commercial. One thing that it's very clear about -- it says, it was rezoning a small parcel of land from residential to commercial. So it was -- the facts include the fact that it was small, and then everything else around it, of course, was rezoned to commercial, but this small parcel of land was not rezoned to commercial. And I think "small" is important for me, because it shows, at least in the facts, that as compared to the rest of the properties that are up -zoned, this one being small, there's a distinction, and we'll get to it, because you can maybe better explain it. And so, it talks about the whole -- the reverse spot zoning -- Mr. Pathman: Sure. Chair Hardemon: -- which, of course, if spot zoning is done for a single property owner to improve his benefit, but it is arbitrary to everyone else, and he's the only person that has that benefit, this is the opposite of that. So what you're saying is that everyone else was up -zoned. Everyone else received the benefit, except for this one piece, so that's the reverse spot zoning. That property should also get that same benefit, which I'm assuming what the Woodlawn case also stands for. But the difference here is that it's more than one parcel, and many of these parcels seem to be very large. And so, how is it that in this case, we must follow that same logic of the Woodlawn when the facts -- they're similar, but there is -- there seems to be some sort of distinction. Mr. Fernandez: Happy to address the contextual issue. As you -- if you're familiar with the Woodlawn Cemetery, it's a very large tract, probably 30 plus acres, that stretches from a commercial corridor on 8th Street into a residential neighborhood all the way down to 16th Street. And so, the portion of that parcel, which was a small portion of a large parcel that was being impacted by that zoning change was City of Miami Page 114 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 just the northern portion along the corridor where the cemetery operator, I believe, wanted to build a facility as a companion to the cemetery use, which is probably more bucolic and more consistent with the residential neighborhood to the south. So they were looking at just impacting the portion of their property along Southwest 8th Street. Everything along that corridor, immediately abutting that portion of the property for which they were seeking the zoning modification, Commissioner, had a consistent commercial designation. The facts in this case are very similar, expect that our parcel, the entirety of our parcel is situated along the commercial corridor and is much smaller than theparcel at issue in Wynwood -- in Woodlawn. So ifl can approach, I'll show you on the map where I think the inconsistency lies and can identify the precise hole in the doughnut that we're trying to seek to remedy. Chair Hardemon: So you're saying that the small portion of the property in the Woodlawn case; not the entirety of the cemetery, but the small portion -- Mr. Fernandez: Correct. Chair Hardemon: -- that they're describing is larger than this parcel that's in this case? Mr. Fernandez: I don't know that it's larger. I think my point is, they were dealing with a sub -- You have a property there with a characteristic, since it was so large, abut varying types of neighborhoods, right? You had the commercial corridor along 8th Street, and you've got -- if you move south -- if you're familiar with that neighborhood, it's a single-family residential neighborhood in its entirety, okay? The conditions in this case are similar in that we have a parcel that abuts a commercial thoroughfare in its entirety, and it has to its east and west within a block a commercial designation. Now, you've got, I think the perfect example of the condition we're trying to replicate is Bridgeport Street. If you're familiar with Bridgeport Street, you have an office building that also has commercial uses in it that abuts the Home Depot and the Milam's grocery store chain. You do have commercial and office uses along the corridor in buildings that are multi -story buildings that abut to the south a residential district, and they function perfectly well in a perfect compatibility. We're just seeking to have our property treated under the FL UM in exactly the same way. I'm not sure that the relative size of both parcels are relevant for the discussion. I would just simply try to clarify that we were talking in the case -- of the Woodlawn case a subset of a larger parcel that, if you look at its context, abuts both residential and commercial, depending on what portion of the property you're speaking about. If you look at the fourth slide --or the fourth sheet that we gave in the exhibit for the benefit of counsel and the audience, you'll see that there is an illustration here of the corridor; and to our east, you see what's consistent with your land use map, a red designation, which is a commercial designation; and to the west -- or southwest, a commercial designation. This is the portion -- this is the hole in the doughnut that we're seeking to modify. Vice Chair Russell: A doughnut implies a hole surrounding -- Mr. Fernandez: Well, the hole in the -- the break in the chain of -- Chair Hardemon: But -- Mr. Fernandez: -- the commercially designated property. Chair Hardemon: -- the question that I have for you is this, is that from that perspective, that's a much -- that viewpoint is much higher away from the property -- from a bird's eye view than what I'm looking at on the Future Land Use Map existing in the application. In the application there's clearly one property that is to - City of Miami Page 115 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 - I don't know if it's north, east, south, or west -- but one property from the paper that is to the left, and then south -- so that's the west? So the west and to the south, and then also two properties to the east on the closest side to South Dixie, and then a number of properties; at least on this thing, seven properties that are to the southeast of the subject property, and then another is further southeast. I mean, there are just a large number of properties. Mr. Fernandez: There are only four, I think, that staff would agree that are inconsistent and I think that are consistent with our exhibit, which is -- Vice Chair Russell: This one. Mr. Fernandez: Yeah, correct. If I may, sir. Just on your exhibit, we'd been talking about if -- The Planning, Zoning and Appeals Board's denial of this application was predicated on the fact they wanted four parcels to come back and be changed together; this parcel, this parcel, this parcel, and this parcel. The balance should retain a medium density multi family residential designation. No one -- I don't think anyone's arguing that that is the proper designation for those that are just off the corridor and don't affront U.S.]. Mr. Pathman: Mr. Chairman, if I could also just add -- if I could bring your attention to page 10 of 14 of the opinion, if you read on the right-hand side of the second full paragraph, it says, "The land of the complaining land owner must be treated unjustifiably different" -- "should not be treated unjustifiably different for zoning purposes than that of the land which surrounds it. "Surrounds" it. Emphasis on "surrounds. " Its -- it also -- if you go down to the next highlighted portion, it says, `Its complaint is that it has been arbitrarily discriminated against by the City of Miami so they cannot make use of its land for the same commercial purposes as that enjoyed by its adjoining commercial neighbors. " Its an unreasonable restriction. If you go back to the history of when Miami 21, and when this Commission eight, nine years ago approved that the FL UM and the zoning should be consistent, you already had precedent that follows the line of this case. And I can assure you that the issue here wasn't whether one property is somewhat bigger than the other by a half acre or an acre. The question was what happened? What was the intent of doing what they did in changing the zoning? You have all the precedent you need of what happened eight and a half, nine years ago as to what the intent was, what should have been done but for the error, and that it is the surrounding neighborhood, which is what I tried to demonstrate in this picture. So -- Chair Hardemon: And --but -- Mr. Pathman: -- these are all similarly situated. Chair Hardemon: -- when I look at the land use -- and I understand what you read. From Woodlawn, it seems to be that they described in this thing as like somewhat of an island; that everything that was around it had a different zoning than what that piece was that was the subject that the City refused to rezone. In this, I don't necessarily see -- me personally -- other people see it differently. I don't necessarily see this property as an island. If this was all -- we're talking about everything -- we're rezoning all of this, then left and to the right, okay, I see the argument a little bit better. I don't know. And that's part of what I was asking earlier. If there's a zoning change, if -- Today, if we had an application before us, and they applied for an up -zoning, and the up -zoning was improve -- approved, but then they applied for the land use change and it was not approved, where does that lead us? Mr. Pathman: But that's not the question. City of Miami Page 116 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: City Attorney can answer it. Ms. Mendez: That -- First of all, the applications would have to come together. And if the land use failed, then you cannot do the rezoning. That's why you always do the land use first, because the zoning can never be in derogation of the land use. Your zoning always has to fall within the land use. Mr. Gibbs: That's the issue. Chair Hardemon: Your zoning has to fall within the land --I see, I see. Ms. Mendez: Your land use can always be a ceiling; your zoning can fall within it. Your zoning can never be more intense than your land use, and that's why -- that's the inconsistency that there is right now, and that's why they are coming before you to adjust that, because their position is that the City Commission back in 2010 intended for that to be the case. Mr. Pathman: Also, Mr. Chairman, if I could -- one thing I think that's really key here is that -- and we're kind of missing it -- the zoning is already in place. If you read Woodlawn, okay, you're already there. You don't have these arguments. Your - - Woodlawn is saying, "If you did the zoning, " you know, which is what we have, and we have -- as Victoria just explained that this City voted to have this happen. You already voted on that. It's just didn't happen because of error. You don't get to unwind it in the courtroom to try to make the round peg fit in the square hole. This case -- and if you read its entirety -- talks about the zoning in place. Your zoning is in place. The zoning designation is commercial. If you change it back, that's where your problem begins with this case. Chair Hardemon: So the medium density multi family residential is commercial? It's -- Vice Chair Russell: No. Medium density -- Mr. Pathman: No. That's the old designation. Vice Chair Russell: That's the current designation. Mr. Pathman: The current designation is the medium density commercial. Chair Hardemon: What I have here in the applications is that -- Mr. Gibbs: No. Chair Hardemon: -- is this -- is, Future Land Use Map existing is medium density multi family residential. Vice Chair Russell: Correct. Chair Hardemon: Future land use map proposed is medium density restricted commercial. So in fact, it is different. Oh, I'm sorry. So is -- it is -- Mr. Pathman: Let me see if I can help you with that. What we're doing here is we're mixing apples and oranges right now. Let's go back eight years. Someone come -- Administration comes before you. They recommend, based upon all their studies and information, that Miami 21 should change this to a medium density restricted commercial. You vote on it. You approve it. Zoning's changed. When it came time to change the FLUM, the Comp Plan -- City of Miami Page 117 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: But now that -- before you move there, was the zoning actually changed -- Mr. Pathman: Yes. Chair Hardemon: -- to medium density restricted commercial? Mr. Pathman: Yes. Chair Hardemon: Because what I have before me says that it was not changed to medium density -- Mr. Pathman: No. Chair Hardemon: --restricted commercial. Vice Chair Russell: What was changed -- when was --? Mr. Garcia: If I may -- Oh, I'm sorry. I was simply going to address the Chairman's point. Commissioner Gort: Speak in the mike. Mr. Garcia: Yes. I -- can I be heard? Yes. So the zoning in place presently, which resulted from the Miami 21 set of changes, the zoning allows for commercial uses and office uses; the land use designation does not, the present land use designation. The one they are requesting to change to, which was the originally intended land use designation for the subject property, would allow for office and commercial uses. And what tells you that is that the proposed land use designation is medium density restricted commercial. That restricted commercial that doesn't appear presently is what's needed in order to activate the office and commercial uses allowed by TS -O, which is the present zoning designation. Chair Hardemon: So you're saying there's another -- the zoning -- if there were a zoning -- if there were an ordinance for a zoning change, that zoning would say, "Medium density restricted commercial"? Vice Chair Russell: No. It would say TS -O, which includes commercial use. Mr. Fernandez: Commissioner, I think -- if I can clarify to help our learned colleague. If we were to come forward in a typical application to change the zoning and land use as companion items, we would have to bring forward a request to take this to TS -O and also have a companion land use change -- Chair Hardemon: Okay. Mr. Fernandez: -- to medium density restricted commercial. So I think, if you were to accept Mr. Gibb's likely position in terms of his argument, you have to adopt the position that the City purposely adopted a zoning designation so as to create an inconsistency with its Future Land Use Map. Chair Hardemon: But the question is, could not -- what if the other ones are a mistake? I hear what Francisco said. What if it was a mistake to go from -- City of Miami Page 118 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Fernandez: Just simply wasn't -- it's not supported by the evidence provided by Duany Plater-Zyberk that studied the entire City and recommended areas where there should be an intensification of zoning. So I think that's the issue. Chair Hardemon: Okay. I want to recognize Commissioner Reyes, and then I'll give you an opportunity to speak on that issue. Commissioner Reyes: Yes. I have a couple of questions. And this is case law, right? Mr. Pathman: Yes, it is. Commissioner Reyes: Yes, that is case law. Madam City Attorney, if we don't change, you see, the designation as supposedly was intended by Miami 21, can we be taken to court? Ms. Mendez: If this Commission believes that the intent -- the original intent of the Commission back then was to have a land use that is consistent with the present zoning, then this Commission would vote to grant them the land use change that they want. If this Commission does not feel that --feels that what was done back then was a mistake, then it would not grant the land use they were seeking. Vice Chair Russell: That wasn't his question. Ms. Mendez: And then -- I understand, but I need to preface it. Whether -- I believe whatever is done by the Commission will be appealed either which way. You have -- Commissioner Reyes: Okay. Ms. Mendez: -- abled counsel on either side. It depends what you place on the record with regard to your belief as to what occurred back then and what was intended, and the evidence that is presented by both sides. Commissioner Reyes: On your -- excuse me -- (UNINTELLIGIBLE). In your -- I mean, in your professional opinion -- I said 'professional opinion" -- do you believe that if we don't grant the change that they have a strong case against the City and in court? Ms. Mendez: Give me one second. I just have to verb one thing before I answer you. Commissioner Reyes: Okay. Ms. Mendez: Yes. Vice Chair Russell: "Yes" what? Commissioner Reyes: Another question. Vice Chair Russell: "Yes" what? Ms. Mendez: Yes, they -- Commissioner Reyes: They have a strong case. Ms. Mendez: --can sue. Commissioner Reyes: Now, I have another question. City of Miami Page 119 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: They can sue. They can sue anything. Commissioner Reyes: That's right. But I have another question. In case that this land use is changed, can we place some restriction on the type of development that is going to take place there? For example, I know that there is a great concern of the neighbors that they're going to have a hotel in that land. Can we place a restriction that a hotel will be detrimental or will affect the neighborhood? Ms. Mendez: Normally -- Commissioner Reyes: They have to -- question. I'm sorry. They will have to come to this Commission and askfor the -- I will say, the land use that they're going to -- Ms. Mendez: Normally -- It's a very good question. Normally, when there are restrictions placed, via covenants and what have you, they're usually related to the zoning, not the land use. Commissioner Reyes: Okay. Ms. Mendez: I am not sure if they can build anything here as of right, or they would have to come -- Is there anything that they could build as of right at this time with regard to hotel uses, if they were granted the land use? Mr. Garcia: "At this time, " meaning with or without the -- Ms. Mendez: If the land use is granted -- Mr. Garcia: -- land use change, if that's your --? Ms. Mendez: -- by the Commission -- Mr. Garcia: Right. So if the land use is granted -- today is the first reading. Let's assume for a moment that on second reading, the land use designation change requested is granted. Then the zoning designation that presently exists on the property of T5-0 would allow, by right, lodging uses; therefore, hotels, and et cetera. Commissioner Reyes: But we don't -- we cannot place any restrictions? Mr. Garcia: Certainly not on the land use designation (UNINTELLIGIBLE). Commissioner Reyes: Not on the land use. Ms. Mendez: Right. On the land use, no. And since they could build certain things as of right, you would not be able to see -- Commissioner Reyes: If -- Ms. Mendez: -- what they plan to build. I would think that maybe certain things could be proffered by the applicant in order to allay some of the concerns, but that would have to be strictly voluntary on their part. Commissioner Reyes: So if we vote to grant the change in zoning, they can build anything they want over there? Mr. Pathman: No, not anything. City of Miami Page 120 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: Not anything they want, but they can build -- they could build a hotel that is -- Commissioner Reyes: According to the -- to this. Ms. Mendez: To the zoning. Mr. Pathman: Could I answer that question from Commissioner Reyes? Commissioner Reyes: Yes, sir. Mr. Pathman: Again, I want to stress that, you know, it looks like we're asking for something, but we're not. We're asking for a correction. So, historically, the City followed what it would normally do in changing your zoning, Miami 21, and you spent a lot of money doing it, and this is what was designated. Chair Hardemon: But the zoning in this case has not changed for this property, right? Mr. Pathman: No. It has. Chair Hardemon: The zoning for this case -- That's what I'm confused about. Mr. Pathman: It has. Chair Hardemon: The zoning for this case is medium density -- Mr. Pathman: It went from residential designation to commercial. What hasn't changed is the land use. Chair Hardemon: Oh, it went from residential to commercial. Mr. Pathman: Right. Chair Hardemon: So it did change. Commissioner Gort: What hasn't changed -- Chair Hardemon: So the zoning changed. (UNINTELLIGIBLE) zoning change. Commissioner Gort: The land use -- Chair Hardemon: So the use didn't change. Commissioner Gort: -- designation -- Mr. Pathman: We don't -- Commissioner Gort: -- will determine what they can build. Mr. Pathman: -- want to be in this situation, okay? We don't want to impact -- Chair Hardemon: So the map that you showed me, every -- this one, all those red properties -- Mr. Pathman: That's the -- City of Miami Page 121 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: -- all of them changed to TS? Mr. Pathman: Correct. They are the commercial -- the restricted commercial. Chair Hardemon: And the properties to the -- that are blue, for instance, that are near it, on the -- well, those restricted commercial, are those TS as well -- Mr. Pathman: The blue -- Chair Hardemon: -- on the land use map? Mr. Pathman: -- if you go back one page, it'll show you what -- the different designations; but a lot of them, yes, are commercial, some are industrial, but they're consistent. They're all -- everything in blue is consistent. Chair Hardemon: Okay. Commissioner Carollo: Mr. Chairman. Mr. Pathman: So -- Commissioner Carollo: Can -- how much time do we need to bring this to a head? I mean, I've heard enough. Vice Chair Russell: There's a process we have to -- Mr. Gibbs: I haven't had a chance to say a word. Chair Hardemon: Yeah, he hasn't had a chance to say a word, and I'm just trying to have some understanding. I mean (UNINTELLIGIBLE). Commissioner Carollo: Don't say too much, Tucker. Mr. Gibbs: Pardon? Commissioner Carollo: Don't say too much. Mr. Gibbs: I hear you. I hear you. Chair Hardemon: I'm asking because I needed some clarification, just to understand exactly -- I wanted to understand that we're comparing apples to apples and oranges to oranges, so -- but you've made it clear to me now. And I know you wanted to finish a point -- Mr. Pathman: Yes. Chair Hardemon: -- and then I'll let -- Mr. Pathman: So -- Chair Hardemon: -- opposing counsel -- Mr. Pathman: -- we're not here because we want to sue or end up in court. And remember that all the evidence, all the evidence -- your staff recommendations, your history from eight years ago -- indicate that this should be a limited commercial -- or restricted commercial area. It would then be consistent with your FLUM and the City of Miami Page 122 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Comp Plan; not the other way around. The other way around is you're going to open up Pandora's Box on 95 other properties where, if you start changing the zoning, which is what you have in place in Miami 21, you're going to have all kinds of problems and issues and a lawsuit that won't just be us. We're not asking to say, "Okay. Hey, you know, we want to sue because we want the zoning change, or we want you to approve the zoning, and we're taking an appeal. " We're asking you to -- If you go back and look at your record, which your Administration has already opined on, we're asking you to enforce what this City has already approved. You just made a mistake. You got to fix the mistake. The Woodlawn case is clear, in my mind, as a lawyer who's done land use litigation. I am not here because we want to sue this City. All we're saying is, "Look, we" -- "my client bought a piece of property. Here's what the zoning said. " And he finds out there's a conflict because - - And if you look at staffs recommendation with the email note from Victoria from 2015, it says it's a scrivener's error, so we're here all because of that. Chair Hardemon: Counselor, I will say that -- because I've been looking at this land use map, the existing land use map -- when I read the case, it describes in the case -- it says -- literally, it says, "When virtually all of its adjoining neighbors are not subject to such a restriction" -- it's almost like it's a taking, because you're not allowed to enjoy that same benefit. But when I looked at this, I didn't see virtually all of you with the same designation. However, I had an opportunity to look at the change; it did go to T5. Mr. Pathman: Right. Chair Hardemon: That T5, it stretches all the way across until it gets to T6-8-0. Mr. Pathman: Correct, like in the blue. Chair Hardemon: So in that case, now it -- I see it better from the evidence that's in the -- Mr. Pathman: IfI could say, we are here to try to help -- Chair Hardemon: I couldn't see that with this. Mr. Pathman: -- not create a problem. We want to help fix the problem -- Chair Hardemon: That's (UNINTELLIGIBLE). Mr. Pathman: -- not create a problem. We're not asking for anything that wasn't already approved with a lot of presentation and things that the City considered and from your staff and from outside vendors who were helping the City come up with Miami 21. Chair Hardemon: Got it. Counselor. Mr. Pathman: You want to say something else? Mr. Gibbs: Mr. Chairman, again, my name is Tucker Gibbs. I represent the Grove United Homeowners Association and the interveners. I wanted to respond to a couple of things that Mr. Pathman talked about in no particular order, but Mr. Pathman was talking about his client and how his client bought the property and didn't know and -- Well, I feel really bad for the guy, but when you buy a piece of property -- I don't care where you live -- you do your due diligence. And the first thing you do about zoning is you just don't check the zoning; you check the land use, and they knew. You better believe these people knew. They had good lawyers who City of Miami Page 123 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 took care of them. This guy has hired the best. And you know what? He didn't know that the land use was inconsistent with the zoning, and now he's coming to you to make his business decision better. Commissioner Carollo, you said it before. People can sit there and play games with the Code and get what they want because they've got money. That is the legend in Miami, and this is a great example. He bought the property; he should have known. He should have known what he bought, but that's not even the real issue here. The real issue -- Mr. Pathman talks about Woodlawn Park as if it's the Holy Grail, and it isn't. It isn't. You know why? Woodlawn Park, Commissioner Reyes, is good case law about zoning. The application in front of you right now is not about zoning; it's about land use. And your attorney -- your Planning Director will tell you that land use, the Comprehensive Plan is the constitution of development. That means, as your City Attorney told you, that the thing that's important is that Comprehensive Plan, and everything that happens -- all your re -zonings, all your text amendments, all of that - - must be consistent. So the question is, who gets consistent with what first? That's the issue here. Woodlawn does not deal with that issue. So it's simple. Florida Statutes require that zoning is consistent with the Comprehensive Plan; not that the land use has to be consistent with the zoning, which is what they are arguing. What comes first is the land use. You must be consistent with the land use. And Florida law, Florida Statutes -- maybe it's not case law, but it's real law, because it's law that the State Legislature passed, and that law is applicable to the City of Miami, and I'm going to try to explain to you why, and I'm going off script here a little bit, because I want to get to the point. And the point is staff, in their staff report, says, "The new T5" -- I call it -- "75-0 zoning requires the amendment to medium density restricted commercial; that's what it requires. " And that's incorrect, because the T5- 0 -- the T5-0 zoning can't require anything under State law. All land development regulations, including the Miami 21 Code and the transect maps, are subject to Florida Statute 163 and 163.3164, Paragraph 26, which says, "Ordinances enacted by you governing bodies for the regulation of development includes any local government zoning and rezoning. " Okay? And says, `And other regulations dealing with development. " And then it goes on and it says, they have to be consistent with the Comprehensive Plan. And another Florida Statute specifically says -- Florida Statute 163.3194, the legal status of your Comprehensive Plan. And it goes into a great deal of detail about what you have to do to enact a Comprehensive Plan, but specifically, what the status is of your plan. The plan is supreme, is what they say. But then they say something else here. "If a local government allows an existing land development regulation, " which is the T5-0 zoning, "which is inconsistent with the most recently adopted Comprehensive Plan" -- which this is; it's inconsistent with the Comprehensive Plan as it exists today, so it's the most recent -- "the local government shall" -- doesn't say, "may. " It says, "The local government shall adopt a schedule for bringing the land development regulation, " the T5-0 zoning, "into conformity with the provisions of the adopted Comprehensive Plan. " Its in black and white in the Florida Statutes. It says, in our situation where there's an inconsistency between the zoning and the land use, you will create a schedule for bringing the zoning into consistency with the Comprehensive Plan. Now, why would that be so? Vice Chair Russell: One moment, Mr. Gibbs. Mr. Gibbs: Because your comp -- Vice Chair Russell: Do you have a copy of that statute? Mr. Gibbs: I have it. It's kind of messed up, but -- Vice Chair Russell: You've got a spare? City of Miami Page 124 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Gibbs: --I could give it to you. Vice Chair Russell: I would love to see that one; I'm sure you would, too. Mr. Gibbs: There's a reason why that's really important, because Florida Statutes, which created the whole comprehensive planning process, wanted everybody to know that when the City adopted a Comprehensive Plan, it was the constitution. And believe it or not -- and I know, Commissioner Reyes, you teach government, which I used to do also, and I can tell you that when you look at the case law on Comprehensive Plans -- because the City Attorney was trying to explain that there's a line of cases that deal with everything on zoning and there's a Comprehensive Plan -- there's a line of cases that deal with land use issues. And in every one of those cases, the judge always says, "The Comprehensive Plan is the constitution of zoning, and all land development issues must conform with that, " and that's not the case here. They're turning it backwards. And when they do turn it backwards, they are breaking the law, they are violating Florida Statutes, and that's the issue. So, therefore, it's our position the Commission may not make this decision that you're being asked to make to change the land use designation to comply with the zoning. It's like saying, "We're going to change the constitution because we've passed a law, " and you don't do that. And Florida law doesn't allow you to do that. The statute doesn't allow you to do it. And so, for that reason, we would say follow -- Look, these guys have a problem. I think it's self-created. They bought the property knowing about it, but they have a problem and the City has a problem, and that problem is, "We've got a hundred of these things sitting out there. What are we going to do about them?" Well, there's a way to fix it, andl've already told them the way to fix it. And the way to fix it is to follow the law, rezone the property to T5 -R, which is all residential. Miami 21 actually shows -- if I can find my chart here for Miami 21, which I can't, which is probably a blessing. Commissioner Carollo: What a mess is Miami 21. Mr. Gibbs: Oh, there it is. This is the chart. It's Article 4, Table 3, "Building Functions and Uses, " and it tells you -- The original zoning on this property before Miami 21 was R3, which meant you could put in what is there now, which is a -- what? -- four-, five -story apartment buildings? And you could put six -story apartment buildings and no commercial. Well, you can do that in T5. In T5 -R, it does the same thing. In T4 -R, it does the same thing. Those are the zoning categories that fit within this Comprehensive Plan map designation. These are the ones --I hate to say it --that are constitutional. So that's our position. So I go back and I say, what can they do? Let me find my spot here. I had it here and -- let's see here. Oh, okay. Follow the State law, rezone the property to T5 -R or T4 -R, and then that would comport with the median density multi family that's in existence right now, and it would allow the -- And what the developer can do is apply for a rezoning and a land use change together, and the important thing -- and this is the important thing: My clients, as the residents, will get something they didn't get in 2009 and 2010, when the City Commission adopted the T5-0. Mr. Pathman talks about how A4y client should have been at that meeting; should have been there to complain. " Well, you know why they weren't there to complain? Because Florida Statute says, when you want to amend a Comprehensive Plan, all you have to do is put a quarter package ad when it's a Comprehensive Plan, when there's -- all over the City. When they want to change the Zoning Code, you don't need to give notice to the neighbors within 500 feet. This is the first time my clients had notice of any zoning change on that property by mail, by the City of Miami. They didn't have it for Miami 21, because the law didn't require them to have it. So what I'm saying is, do it the right way. Change -- down -zone the property and have them come back to you with a package, where the community gets notice, and they're able to come to this meeting and argue the merits, which they argued, and I'm not arguing, because this City of Miami Page 125 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 process is wrong. This matter is before you incorrectly and illegally under Florida Statutes. And I'll tell you, you want to talk about being sued? You've got how many of these things sitting out there? Vice Chair Russell: 99. Mr. Gibbs: I've given you a process. I've given you a process that comports with Florida Statutes, relating to Comprehensive Plan amendments, and I would suggest that you would do that. And I have plenty of other things to say. Let me say one last thing, because I know that I have heard this argument that was said. You all have heard about the Bert J. Harris Private Property Rights Act, correct? And that law is used as a hammer and a thread against every municipality when it comes to doing a zoning change. Well, I'm going to tell you that any claim that a denial of the land use map amendment has somehow impacted this owner's development rights is spurious, absolutely without foundation. The Bert J. Harris Act gives property owners a legal right to seek compensation for actual -- Mr. Fernandez: Can --? I object as to relevance of this argument. Mr. Gibbs: Excuse me. Mr. Fernandez: Mr. Chairman. Mr. Gibbs: Excuse me. Mr. Fernandez: Object as to relevance. Mr. Gibbs: For actual -- Chair Hardemon: I didn't hear the objection. Mr. Fernandez: Object as to relevance. It's not a matter -- We've not raised -- Mr. Gibbs: I want to -- Mr. Fernandez: -- the issue of a taking or a Bert J Harris Act claim, so I just don't understand the relevance of this particular commentary. Mr. Gibbs: The relevance of it, this is a legislative act. The issue of being sued has come up in several locations, and so I want to make it clear when you make this decision that you should have no fear of the Bert J. Harris Act, because -- Chair Hardemon: Overruled. Go ahead. Mr. Gibbs: Okay. The act against property owners or legal right to seek compensation for actual loss of the fair mar -- to the fair market value of their property, and it says here, "Whenever a local government has inordinately burdened an existing use of real property or a vested right. " Here, there is no inordinate burden to an existing use on the property, because the property's being used. It's being used as it would be used in R5-0 or RS -L or all the rest of them. Where -- and it's also where the property's existing use operates consistent with the land use designation. The -- furthermore, the owner admits that it has no vested right to develop the property for TS -O uses. If it had a vested right, they wouldn't be here before you, so I leave you with that. Remember, as a matter of law, the TS -O is inconsistent with the Comprehensive Plan, and therefore, the City should change the zoning and not the land use. Thank you very much for your time. City of Miami Page 126 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Fernandez: Mr. Chair, if I could just quickly enter some rebuttal? Vice Chair Russell: Yes. Mr. Fernandez: I think counsel's made our case for us. As you can see, this is nothing more than a collateral tact to unwind the clock and hold inequitable to our client. The City took legislative action based on findings and recommendations of its staff, planners, hired to intensify the designation of this parcel. And what Mr. Gibb is asking you to believe is that they did that purposely to create an inconsistency with the FLUM designation of the map. The Comp Plan was modified to create a specific designation to support the zoning change. One element of the Comp Plan, which is the map, is inconsistent with the designation. Now, he is correct that Florida Statutes do require consistency, but it does not prescribe the method for creating the consistency. You can amend the LDRs (land use development rights) to change the designation, or you can amend the map to correct the error. Either approach would render the result consistent with statute. We're simply asking you to do what is equitable, what is fair, and what is right; and recognize that this decision was made, was adopted, was approved based on competent substantial evidence in the record at the time, and that the map should be changed to reflect the zoning that was approved and is currently in place. Now, we can -- we cited the statute, but we've cited -- while we've cited case law on the zoning side, Mr. Gibb has cited no case in support of his position, requiring you to basically collapse the zoning to make it consistent with the land use. I submit to you that's because there is no case that would prescribe how you can address this issue. The bottom line is, you have two choices: You can do what's fair. You can change the map, as you have done in many other contexts, including Wynwood, to reflect a decision that was made, not based on a -- there are two ways to approach this issue when you're redesigning your City. You can take a Comprehensive Plan approach or you can take a zoning (UNINTELLIGIBLE) approach. In every context, the City has chosen to use the zoning as the instrument to define how it wants to build its environment. And what it did with Miami 21 then was adopt Comprehensive Plan standards consistent with that design thrust, okay? That's what was done in Wynwood as well, so this is the pattern and practice of the City. What we're asking you then is, when there have been error, the City has chosen to correct them by recognizing the evidence in the record in the past, to make sure that the zoning is not reversed based on the whims of a few neighbors, okay, but it is supported -- that decision-making is supported, and that the Planning staff recommendation is supported in advance by changing the Comprehensive Plan designation to reflect the thoughtful study given to that master planning process. Commissioner Carollo: Real quick -- and I'm ready to make a motion on this -- one, the Woodlawn Park Cemetery, that's the one on 8th Street? Mr. Gibbs: Yes, sir. Commissioner Carollo: Okay, that's old Harry Sharp's place. Okay. Its my first Finance director (UNINTELLIGIBLE). Two, in the zoning that you're asking for, this restricted commercial zoning, what can be built there? Mr. Pathman: One second, Commissioner. Mr. Fernandez: What that does is it liberalizes, like Miami 21, all of the commercial and office uses that otherwise would be precluded under the current designation of medium density multi family. Commissioner Carollo: When I hear "commercial, "I don't see "office. " City of Miami Page 127 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Fernandez: It could be offices, it could be retail, it could be bars, restaurants. We've had conversations with neighbors about actually proffering a private covenant to restrict uses. We presented recommendations; they were dismissed without any sort of counteroffer. Mr. Gibbs: I'd have to object to that. That's an (UNINTELLIGIBLE). Commissioner Carollo: Okay, all right. Mr. Fernandez: That's fine. I apologize. Commissioner Carollo: All right. Well, I'd like to bring this to a head as quickly as we can, because I have Senator Bob Menendez from Jersey that I am going to have to do something for him -- and he's waiting -- at an affair that he has that I committed to, and I apologize. So at least, I want to be able to finish this with a vote. Vice Chair Russell: Well, this is an item in the Grove in my district that I'd like to weigh in on, and I'll be glad to make a motion on it. If we're at that -- I -- we've heard both sides. Clearly, there's an error here that needs to be rectified, and I think the Chairman stated it very clearly. It is not clear whether we are being asked -- whether we -- We know we're being asked, but whether we should raise the use to match the zoning or lower the zoning to match the use, and here we are, and that's what we need to resolve. I would contend that you have an island of residential that goes by the land use and the zoning; goes all the way from the center of this area of the Grove all the way out to U.S.]; and those structures there that have been there for a very long time, only as residential, include 66 units of residential, affordable residential. Whether you call them affordable by the HUD definition or not, they're very affordable residential units; 66 units in those. If we change the land use here, that starts the domino of the other four -- three properties, because they are inconsistent in the exact same way, and it would precipitate the change for them as well, which is another 150 units. We're looking at 216 units of housing, of rental, current residents there, in an affordable nature that would be displaced for commercial use, for a hotel. Now, I don't deny that this -- the applicant has sincere intentions. He doesn't seem to want to make a very large-scale thing. It's a boutique hotel he's thinking about. But I believe that -- and I believe case law shows it -- you can -- you go with the lower common denominator of what you're able to do. If you have the density to go up to 5, 600 units per acre, but you've only got the envelope to build it here, you can only go to here. Here, our land use is limiting to residential; your zoning has commercial. The question is, was it a broad brush that was painted in error that included these four spots that were really meant to be apart of that land use swap? I would contend that, and I would move to deny the change of land use from medium density multi family residential to restricted commercial and for the following reasons. Commissioner Carollo: Second the motion. Vice Chair Russell: It's not necessary to change for any -- it's not -- the amendment that's asked is not necessary for any changing conditions. It doesn't further the land use goal, LU -1, of maintaining a land use pattern that protects, enhances the quality of life in the nearby residential neighborhood. FLUM Policy LU -1.22 states that: "The City's land development policies will be consistent with the affordable housing objectives and policies adopted in the housing element of the Neighborhood" -- "Comprehensive Neighborhood Plan. " And in that Comprehensive Neighborhood Plan, "H" -- Goal HO -I is to `Increase the supply of safe, affordable, and sanitary housing. " Objective HO -1.1 and 1.1.1 is to -- "The preservation of affordable rental housing through the rehabilitation of existing rental stock. " So he could absolutely rehabilitate that rental stock and have a profitable exercise, but he did purchase it City of Miami Page 128 Printed on 03130/2018 City Commission Meeting Minutes February 22, 2018 with the error in place, so there is -- never could have been an assumption that the entitlement of land use would be given. If he recognized the error, there is a certain "buyer beware" here that the title company should have showed him, "You do not have" -- "If you're planning a hotel, you do not have the land use to build a hotel; you will need to seek that entitlement," which is what is happening here. So that's why I took a little bit of objection to the concept that this is a -- solely an error that we are remedying. I really believe this is an application to remedy, in your mind, an error. There is an error, but which way does it go? And from my interpretation, the intention here is residential, even though it does go to U.S. I. There are other areas of U.S.] that abut residential right to U.S.]. All of Bay Heights there is all T3 -R, right up to U.S.]. The applicant knew that the duplex residential, it was like this when they acquired the property; they bought it with the knowledge of its current use, and they did not perform their due diligence at that time. I do not believe it's our obligation to add the land use, and I would move to deny it. Commissioner Gort: It's been moved and second. Chair Hardemon: It's been properly moved and seconded to deny the application. Any further comment? I'll -- I just want to add to the record that, you know, the Florida Statute 163.3194, "Legal Status of Comprehensive Plan, " Section `B, " where it describes that, `All land development regulations, enacted or amended, shall be consistent with the adopted Comprehensive Plan, " that language there was particularly moving to me, because the next line says that If a local government allows an existing land development regulation which is inconsistent with the most recently adopted Comprehensive Plan or element or portion thereof to remain in effect, the local government shall" -- which is, "it must" -- "adopt a schedule for bringing the land development regulation to conform with the provisions of the most recently adopted Comprehensive Plan or element, or portion thereof. " Obviously here, it's probably being alleged that that did not happen. The plan did not -- the schedule did not come into effect. "During the interim period when the provisions of the most recently adopted Comprehensive Plan or element, or portion thereof, and the land development regulations are inconsistent, the provisions of the most recently adopted Comprehensive Plan or element, or portion thereof, shall govern any action in regard to an application for a development order. " That was the most moving and striking language to me, because what it says to me is that the least restrictive of it -- well, the -- I'm sorry. I don't want to say that. Let me be clear. The adopted Comprehensive Plan is what should be the -- should be held in a higher regard. And after the Comprehensive Plan was passed, the land use map -- with the decision that is being -- with the motion -- the motion that's being considered right now, I believe, takes into the spirit this Chapter 163, and so, that helps me in making my decision. Now, it doesn't change the fact that after this is considered this way -- Well, I'll just leave that as it may. The lawyers know what they're doing. So I just wanted to add that to the record as part of reason why I believe that there has to be another way of doing this, and that doesn't -- I don't believe that this actually removes the obligation of the City, as well, in amending or bringing this into compliance. It just tells us how we have to go about doing it now. But, certainly, in the interim -- and I will consider this to be the interim -- this Florida Statute, out -- from what I've seen from the evidence that's been presented, would have to govern. And so, that's my decision. And so, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Gibbs: Thank you all very much. Chair Hardemon: Thank you very much. City of Miami Page 129 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 PZ.3 ORDINANCE First Reading 1032 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 1.11± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202-4308 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 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, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PZ.3, please see "Part B: PZ - Planning and Zoning Item (s). " PZA ORDINANCE First Reading 1033 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 "73-L," SUB -URBAN TRANSECT ZONE - LIMITED, AND 74-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO "Cl," CIVIC INSTITUTION, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42ND STREET, 30 NORTHWEST 44TH STREET, AND 4202-4308 NORTH MIAMI AVENUE, MIAMI, FLORIDA; 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, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PZ.4, please see "Part B: PZ - Planning and Zoning Item (s). " City ofMiarni Page 130 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 PZ.5 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 COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.05± 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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.5 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. S, please see "Part B: PZ - Planning and Zoning Item (s). " PZ.6 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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.6 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 6, please see "Part B: PZ - Planning and Zoning Item (s). " City ofMian ni Page 131 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 PZ.7 ORDINANCE First Reading 3407 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 "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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ. 7, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: The item that we're calling now is PZ 7. Madam City Attorney, can you read PZ.7 into the record? Victoria Mendez (City Attorney): PZ 7? Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: You're recognized, sir. Jose Felix Diaz: Thank you, sir. Jose Diaz, 2 Alhambra Plaza, Suite 102, Coral Gables, Florida 33134, on behalf of Westdale Wynwood LP (Limited Partnership), in regard to their application for rezoning and future land use amendments for certain properties on the block located just west of Northwest 2nd Avenue and north of Northwest 30th Street in Wynwood. Chair Hardemon: Okay. Can we get some procedural history from the City, please? Francisco Garcia (Director, Planning & Zoning): Yes, sir; happy to provide such. This particular item and its companion zoning application are, as expressed, to change, in essence, the zoning designation from the existing T3-O/T4-L configuration to T4-L/T5-L configuration. Your Planning Department has recommended denial for both items, and the Planning, Zoning and Appeals Board likewise recommended denial for both items. There has been a significant effort on the part of the applicants to engage with the community to impress upon them the potential benefits of the redevelopment of this site. You have heard from some City of Miami Page 132 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 community members. And we have found that this happens to be a well-established low density residential area, mostly zoned as duplex presently. And we have had reservations, which are captioned in our recommendations, about beginning to disrupt that balance that exists presently. This is not to say, as has also been set forth in testimony you've heard today, that there are not significant redevelopment - oriented stresses in the area, generally; and we do think that the area merits a deeper study to determine how sustainable the present level of development is, vis-a- vis the surrounding trends in the area. At present, however, that study has not been conducted, and therefore, our recommendation remains for denial. Chair Hardemon: Thank you very much. I -- before we move forward with it, I have a quick question of the City. Typically, the City talks about these -- we like to have straight lines. That's the -- I guess that's easiest way that I can put it -- where your zoning and your land use typically follow some sort of pattern. And in the instant case, the -- I'm looking at the Comprehensive Plan amendment, the Future Land Use Map, existing versus the proposed. The existing shows that it is a duplex residential area, and then the future makes it into a medium density restricted commercial area. Now, it certainly improves the whole -- the straight line theory that I've heard many, many times. So what is it about this particular set of properties that we don't like about it being changed to this versus what we typically have? And because, as I understand, all of the homes that were -- that are here -- there are a bunch of homes that are there -- they were all purchased by the applicant, so you own -- the applicant you represent owns every single property that's -- every single piece of property that's there. So help me understand what's different about this one. Mr. Garcia: Absolutely, sir, and thank you for the opportunity, because you're right. You've heard me say many times on the record that there is a virtue to a straight line, in particular, as pertains to land use and zoning designations that we like to maintain whenever possible. And we've also argued before you many times that wherever there is a crook in the line or a crenellation, as I've called it previously, that to straighten it out is -- typically yields a better are result. The reason why this case is not exactly in line with that precedent -- and in zoning and land use, it's all about the case specific analysis that is provided. The reason why this is somewhat of an outlier is this happens to be a very well-established neighborhood, with a very consistent and coherent fabric of development existing in place now, which responds to the time in which it was originally platted and originally developed, and that dates back to about 40, 50 years. And so that very -- if you were to zoom out further -- and I know you don't have the ability to do so in the paper that you have in front of you, but if you were zoom out further, you'd find that the entirety of the Wynwood Park and James Park Subdivisions, which are the ones immediately to the west and immediately to the east of Northwest 2nd Avenue, were platted and zoned in a very symmetrical and sort of stable manner. And that crook that you see there when you are zoomed in -- if you were to zoom out also -- is reflected on the north end, and it is exactly what produces the stability that the neighborhood has experienced. Our greatest reservation as regards to this application is that it would have immediately an effect of taking the existing fabric, which is again very stable and very consistent, and disrupting it significantly. It has been argued before you that it may be the time to rethink the way this neighborhood -- or these two subdivisions have been developed, but absent a comprehensive study of the entire area, we're not ready to really recommend the present application before you today. I hope that answers, and I'm happy to stand by and answer further. Chair Hardemon: Okay. Now, I remember having an argument on this dais, and I described people's property ownership rights. And a property owner could buy all the houses in a neighborhood and decide not to move anyone into them, not to rent them out. They can be vacant. It's allowed by law, right? He does not have to rent his property. City of Miami Page 133 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Garcia: That is correct. Chair Hardemon: So here, you've purchased these homes. Undoubtedly, you have a plan with the homes. Right now there are people that are still living there, but they're renters. All of them are renters; is that correct? Mr. Diaz: All renters. Chair Hardemon: Do you --? In effect, you do not have to renew their leases. Mr. Diaz: You do not have to renew their leases, no. Chair Hardemon: So these homes -- Mr. Diaz: They're month to month right now. Chair Hardemon: All right. So, let's make you make your presentation. Mr. Diaz: Thank you, Mr. Chairman. As you heard from Planning staff, and as you can see in front of you, what Westdale is proposing to rezone is the majority of the north side of this block from T3-0 to T4 -L, and the majority of the south side of the block from T4 -L to T5 -L, and amend thefuture land use of the majority of the north side of the block to make it more consistent with the neighboring properties. The easternmost portion of the block is already zoned T5-0 and is not subject of this application. Westdale Real Estate Investment and Management, which Westdale Wynwood is a subsidiary of, is a national real estate investment and management company, headquartered in Dallas, with six regional offices throughout the country. They focus on developing and operating multi family rental and mixed-use projects. Westdale presently, like the Chairman said, owns the entire block, subject to rezoning, and intends to build exactly that; residentially focused, mixed use rental project. As they own the entire block, if the application were to be denied, they can still build approximately 91 units by right under today's zoning. In practical terms, Mr. Chairman, this would mean that they could build large, expensive, boxy townhomes, which we believe is less in concert with the character of this neighborhood, and that is also not my client's specialty. Their specialty is smaller, more affordable units, like those that are proposed here today. An alternative result would not be a deal for Westwood [sic], the neighborhood, or to this City; smaller units, the size of 600 feet or so, are better for this neighborhood than larger 2000 - square -foot townhomes, which are much more expensive. Essentially, the rezoning would allow Westdale to build an eight -- about 80 additional units, and build an actual project as opposed to a disjointed series of townhomes, which are gated and inaccessible to the neighborhood, which is what is allowed as of right. The proposed project actually conforms to good planning practice. The request is consistent with fundamental principles of successional zoning. As you can see here in the proposed transect diagram, the result of this rezoning would be a textbook transit corridor. If you look towards the south of it, you start going from T6-8 to essentially T6, with a CI (Civic Institutional) designation to here; you would have one step up to T4 -- T5 and then you would finish back at T3. That is what makes this project a little different, and I think that you had asked what makes this project different, and this is a very unique site. As you can see in this massing diagram, this block is uniquely situated to support additional housing without disturbing the neighborhood. Its surrounded on three sides by more intense uses. It complements the neighborhood in a more profound way, if this zoning is approved, by serving adjacent and nearby civic institutions, feeding adjacent commercial and transit corridors. And again, as Planning staff has even admitted to us, there really is no other block quite like this in the neighborhood. This next slide is based on a study conducted by Perkins and City of Miami Page 134 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Will, which shows that this project is immediate area, up to 50 units per acre. throughout this study of multiple site nonconforming density. Chair Hardemon: Pass by this every day. Mr. Diaz: I'm sorry? consistent with the true density of the In fact, you'll see multiple examples all in the neighborhood with increased Chair Hardemon: I pass by this space every day. Mr. Diaz: Yeah. It's an awesome site, and it really is, I think, an important component in the neighborhood. The next slide I think is important, because it shows the consensual renderings that prove that this fits with the neighborhood, and not only increases the housing supply, but would also increase and improve housing quality. What these renderings are meant to do is really just show what's achievable in terms of height and massing. It also shows how the project will smoothly transition from higher density in the south to lower density in the north, which is what -- consistent with what the neighbors have asked from us. Additionally, this project also adds quality retail along the existing commercial corridor, which is also something the neighbors had been vocal about with us. This project will actually improve neighborhood morale and security, which you heard from some of the neighbors that were here before; and in the application, you have various letters of support, which are part of the backup for this specific request that reference the importance for revitalization. Here's a conceptual place for you, which bring much needed safer open space to the neighborhood. It would air out the neighborhood, as opposed to the closed project that a townhome development would ensure. These open spaces are good for local businesses, for safety, and for neighbors. This, again, is a closer aerial view of the proposed rezoning. The conceptual site plan confirms that our gradual transition for the north side of the neighborhood is very much consistent with the fabric of the neighborhood. We've actually been meeting with the neighbors consistently from the beginning through our local partner, Yuni (phonetic) Borenstein, who's done a tremendous job of community outreach. Some of the great work that he's done is the highlighted in the Plusurbia package, which we distributed to all of you. And as a result of these efforts, Westdale has obtained more than 20 letters of support from community leaders, from neighbors, from businesses. These include long-term neighbors who have lived in this neighborhood, and they also include Father Menendez of Corpus Christi, who runs the San Juan Bautista Church. As you heard, Luis De Rosa and the Puerto Rican Chamber have endorsed this project, and has the neighboring and building. Unfortunately, there area few neighbors who have just been refusing to meet with us. We reached out and asked countless times for meetings so we can discuss some of the myths that they're hearing and that are scaring them about this project. They've relayed their concerns to other people, including Father Menendez. They're afraid that property taxes might go up if this project is built here. They will not. There's a constitutional cap on property taxes. And we've actually done an analysis of the neighborhood, and we've determined there's a lot of homes that really now are able to apply for an additional senior homestead exemption that was passed in 2014 that are not taking advantage of those exemptions, which will result in a significant reduction of their taxes. And between this first reading and the second reading, we intend to have a town hall, where we will help people determine if they qualms for these exemptions and how we can help them cross the finish line with that. They're also afraid that if they pass a rezoning that it -- they're afraid that if they don't kill the rezoning that the neighborhood will change, but the property is now in the hands of one owner, as the Chairman has so astutely pointed out, which allows increased density as of right. So Westdale has made a significant investment, and they do intend to do something with this property. There are no longer homeowners on this site; you only have renters. City of Miami Page 135 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 And stopping this rezoning will not accomplish what these few neighbors have asked for. In fact, it will actually impede them on the third point of contention, which is that they want to maintain some affordable fabric in the neighborhood, and we believe that this increased zoning will allow for smaller, more affordable units; again, as opposed to larger, more expensive townhome developments. We did hear one of the objectors say that they did not want six -story buildings in Wynwood, but just on 29th, one block south, those neighborhoods are up and down, left and right, littered with larger buildings than this. I've been advising clients for a long time, Chairman, and really, I make it a very important thing for my clients to meet with the neighborhoods, and we've gone to exceptional lengths to meet with every single person that will meet with us. We actually have here, who got here late, Vicente Delgado from the De Hostos Senior Center, who was not able to speak on behalf of our application in public comment, but we have their support, as well. From the onset, Planning staff identified two potential concerns relating to our application. They were worried about the transition into a T3 zone, and they were worried about affordability. As a result, we scaled back our application from T5 -0/T4-0 to T5- L/T4-L, which is more sensitive to the residential character of the neighborhood. Prior to PZAB (Planning, Zoning and Appeals Board) and after extensive dialogue with Planning staff, we also proffered a covenant that, among other things, made one of the first true workforce housing contributions in this area, where 12 -and- a -half percent of the new units would be workforce. And as an added benefit, Mr. Chairman, we would be willing to covenant to reserve a specific number, up to 40 percent of those new units for residents above 60 percent of the area median income and below 80 percent of the area median income, as published by the United States Department of Housing and Urban Development. We've also committed to keep the maximum height on the north parcels of these three stories to three stories, which is 40 feet, which would also incorporate architectural elements consistent with existing structures in the neighborhood. We stand willing to continue our conversations with the Commission to covenant, as needed, to move this project forward. I -- and especially in light of Commissioner Reyes' and Commissioner Carollo's recent conversations about alternatively contributing monies into an Affordable Housing Trust Fund with the very district that we're discussing, in lieu of units, we would be willing to do that. And though the City hasn't come up with their own formula, we have internally discussed as much as $100,000 per unit of the 10 that we're discussing, which will result in about a million dollars for the Affordable Housing Trust Fund for this district, should the City continue to pursue that route. We understand that this is a work in progress for the City, but that is our presentation, and we stand ready to answer any questions that you might have. Chair Hardemon: You have a question? Commissioner Reyes: No. I have some comments. As De La Rosa, Luis De La Rosa, stated, I think that in this Commission, the -- I think only Willy remember the `60s and when -- what Wynwood look like when it was a thriving Puerto Rican community with -- We used to have even a Puerto Rican Festival there. And at that time, after I came from school, I worked with the City of Miami. I worked a lot with De La Rosa, and I went with Mr. Esqueda, in trying to redevelop Wynwood. Wynwood -- I mean, we did everything that was possible, and I am very surprised now that -- the way that it has been. Now Wynwood is a thriving community. And I know this site very well. I know it. I know that we -- you have a tract of land that belongs to the -- to Miami -Dade County Public Schools, so there is not interference of -- in the south side. Next to it -- I was looking at it -- you have public housing. You have public housing next to it. And I think that this project, in my opinion -- and I love Wynwood very much, and -- Mr. Esqueda, I'm going to go to De Hostos next week, okay? Going to go by and say hello to all the senior citizens there. I do believe that this will benefit the area, because as you look at it, you see, it does not infringe on the other in the housing to the north, you see. It just -- they continue. City of Miami Page 136 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 And to the south and to the east and to the west. What you have is a school, you have on the south; and to the west, you have the senior center; and to the south of the property, you have that property that belongs to the school system, which I don't think that they are going to sell it. So I'm all in favor of it, you see. I'm all in favor of it. And I think that -- I'm also very much for the voluntarily contribution to the housing. Mr. Diaz: It would be voluntary. Commissioner Reyes: Voluntary. I want to -- Mr. Diaz: It was already -- Commissioner Reyes: -- voluntary contribution. And I will move to approve this. Chair Hardemon: So I will tell you that -- to all of my people who are in Wynwood, you don't have to sell your properties. You don't have to sell your property. And as long as you don't sell your property, and no one takes it from you because of some lack of responsibility that you may have, you'll always have it. What I can appreciate about this is that it doesn't infringe into the residential area that's north of it. Commissioner Reyes: Yep. Chair Hardemon: Now, it does remove some of the residential area, but it is -- it doesn't do it in a way that is unconscionable, it doesn't do it in a way that is intrusive, because you're basically making what is almost like one city block almost consistent. If this application were to ask me to go another street north -- Commissioner Reyes: Oh, no. Chair Hardemon: -- I will see this differently, but it doesn't do that. The area is duplex residential, so there -- when you drive through the area, I mean, you see just that; you see duplexes. It is more intense than a single-family -- like what do you call it? The T3 property. The T3 -R, is that -- would be the most restrictive? Is that how you say it? It changes the lot. T3 -R is the most restrictive, right? And immediately to the west of this, you have some small-scale apartment buildings, et cetera, that have some -- they've been renovated, it appears to be, so that there -- they -- they appear to be from the outside, at least, in decent shape. So, you know, this is more palatable. Commissioner Reyes: Yep. Chair Hardemon: You know, what scares me about Wynwood is that -- especially in the area where you have the BID (Business Improvement District), where you see a lot of the commercial things that are going on south of 29th Street, all of that housing that used to there, besides the public housing, has been purchased, and a lot of that housing has been torn down and they put parking lots there, and that's probably one of the most offensive things that I've ever seen to a neighborhood. I don't want to see that kind of thing happen in our other residential areas. And thank the Lord for public housing, because they can't remove those people, and sometimes it's just a -- it's a amusing slap in the face, because it lets you know that we're still here, and we'll be here. And so, you know, I want to be able to guarantee that, as long as these people want to be able to live in these neighborhoods, that they're there. But you can't sell all of your property and expect to be there. When you sell your property, in fact, that's exactly what you're doing; you're not going to be there anymore. So in this case, I mean, I see that to be the most moving part of it, and we City of Miami Page 137 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 appreciate your desire to give to make more affordable housing in the area. One of the things that I want to see done within my district with affordable housing dollars are them being reinvested into those areas. So, for instance, if someone lives in the area that is directly abutting this space, areas that -- this is all just north -- If you have a home there, and you don't have high -impact windows, and you don't have central air, and you're owner -occupied, and all of these things, those types of funds can be used to get you to where you need to be. We want to make the housing there standard. We want to give the people that are there that own property the ability to continue to live in their homes and not feel like they have to sell them because the next storm is going to come, and we already have a leak in our roof, we're already dealing with a poor electrical system, we're already dealing with all these issues. We want to give them some relief. I think Government has a responsibility of giving its people relief, and this is something that we can do. And so, I certainly can see us creating for that area -- taking those dollars and helping it better that community, because I believe that the people who are just north of you, if they own those homes, and they're owner -occupied, and they're able to get high -impact windows, and they're able to get central AC (air conditioner), and they're able to get certain amenities that are standard in rental housing, that are standard even in homeless facilities, if they can live to that same standard, then they'll stay. Mr. Diaz: We love that idea. Chair Hardemon: And so, it'll be a great way of helping revigorate [sic] that community, keep people with the pride of wanting to be there, because I can admire the fact that someone says, I want to move back into my neighborhood, " because I'll tell you, man, I grew up down the street. And a lot of people, they don't see the value in coming home yet, but they will. And when they do, it'll be too late. So we want to encourage people to remain in their homes. And I appreciate that you reduced your expectation as to the value we're trying to create. I mean, in a sense of -- instead of -- in reducing the level of zoning that you were seeking. So with that being said, I want to make sure that I meet with you between first and second, because we want to work out how we can -- we could bring some benefit to that space. Wynwood is one of those places --when I say "Wynwood,"I mean -- Mr. Diaz: This part of Wynwood. Chair Hardemon: --the part that you talk about --right? --that part of Wynwood. Wynwood needs some relief. Commissioner Reyes: Yes. Chair Hardemon: And I don't care how many business -- you put the businesses around it, and that's all well and good; it is coming back -- it is coming alive. The property values are certainly soaring. If you want to rent apiece of property in the Wynwood NRD area, you have to have a lot of money or generate a lot of revenue. And certainly, it's sad to see all of the homeowners who are just near it gone, because if they stayed, even if you were just that one person that held on, you could have found yourself some relief, and you certainly could have gotten more value out of it later, because when we create -- when we get the affordable housing dollars and dollars like this, we'll be able to give money to those homes to put them in better conditions than they are today, and I think that that's going to be a major win for reinvigorating these neighborhoods, where homes were built in 1929, 1930, 1939, et cetera. You know, I'm excited about what's going to happen for these neighborhoods, and I -- I mean, on this dais, I fight against real up -zoning in neighborhoods, but this is not that. This certainly is creating affordable housing. This certainly is going to improve the standard of living, and it's going to create other opportunities for other people that don't -- that are not right there, because I City of Miami Page 138 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 believe in it. I believe in giving the benefit to homeowners and not just renters. We want people who are homeowners, who are owner -occupied spaces to have some benefit. It's a shame in the City of Miami that you have people that reside in homeless shelters that live in better conditions that reside in homes in the neighborhood. It shouldn't be that way. We have to do something to protect our homeowners, and I think that this is going to give us an opportunity to do that. So I would second your motion to approve PZ. 7. Commissioner Reyes: Can I have a comment also to the neighbors, something that you said? I know that, rightfully so, some of you fear that by having all this development that your taxes are going to increase. You -- if you own a home, you are protected by "Save Our Homes. " They cannot -- doesn't matter how much all the property value increases, they cannot increase your taxes more than 3 percent, you see. That is a State statute. You are protected. You are protected. And thinking back -- I'm going to piggyback on what the Chairman said, you see. Some of those funds, you can benefit from it, sir. Some of those funds that we are receiving as contribution to our Housing Authority or Department, or whatever you want to call it, you can also benefit if you are in need of repairs or something like that. Okay? So don't fear. Chair Hardemon: So I want -- so -- and I'm saying that to say, if you're here, don't walk away from here if you own property in this community and don't come back here. Commissioner Reyes: Just stay there. Chair Hardemon: You have an opportunity to benefit with repairs to your homes and improvements to your homes so that you can remain in those homes or your family remain in those homes for the next hundred years. And so, that's what I want to see. And that's my commitment to not only Wynwood, but all of my district. We're going to make this happen. Commissioner Reyes: Yeah. Chair Hardemon: I want to see real things happen for the people that live in this City, that pay their taxes, that vote and get these bond passages. It's all well and good to improve parks. It's all well and good to improve all these other things. We've built stadiums, et cetera, that most of the people in the neighborhood don't get a chance to go to, and I'm sure I can poll this community and see a great number of people who have never been to the Marlins Stadium -- right? -- but we spent our dollars on building the Marlins Stadium. And why not give them a benefit by spending their dollars that they've invested into this community back into their homes? I think it's a good for them and it's a good for us, because it ensures that we don't have dilapidated structures in our neighborhoods. It ensures that we have safety for the police officers that patrol neighborhood and the people that are in it; it ensures that our neighborhoods look good, because everybody can't afford to make this improvements themselves. If we lived in a neighborhood where everyone's area median income was $250,000 and above, then it's a different story; they don't need it. But that's just not what Miami is. And I'm proud to be from Miami, and I'm proud to continue to help people who are in Miami stay in Miami. So I like what I see before me at this moment. Mr. Diaz: We're proud to be the beginning of a trend, hopefully. Chair Hardemon: So it's been properly moved and seconded. I want to recognize Commissioner Gort. City of Miami Page 139 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Gort: Let me tell you, I know that area very well. I think this project, you need to -- before the first and second reading, you need to go and talk to those individuals, show them what the project is, because a lot of times, people don't realize the benefit of something like this; especially the way that it's been displayed, where you have the single-family on the opposite side headed -- looking north. I know 2nd Avenue very well. For the last SS years, I lived two blocks away from 29th Street and 14th Avenue, so I travel to that area quite a bit. I think this will be an improvement to the area, but the people need to know how they're going to be improve. Also, you talked about the -- talking to the senior citizens. A lot of senior citizens in the City of Miami in certain neighborhood, they don't pay City taxes because of the deductions they have. There's a lot of them that don't pay City taxes, and I think they need to know that. Also, you need to work with the NET (Neighborhood Enhancement Team) Office, because there's a lot of funds that are available for people that want to fix their homes or do some changes to their home that they can tap to those funds. So I think it's very important to get together with them, especially the people that were here, the senior citizens, because sometimes they don't understand, and they think the whole -- it's going to change their whole lifestyle. I think it's important for you to sit down with them and explain to them the benefit that this can bring to them, especially the open spaces they have here. They don't have that in Wynwood. Commissioner Reyes: No. Commissioner Gort: This open space is for them; it would be very important for them to see. Mr. Diaz: Commissioner -- Chair Hardemon: The -- Mr. Diaz: -- we will meet whenever, wherever they want. Chair Hardemon: Like I said, between first and second, I want to meet with you. And I'm telling you -- and I'm -- this is where -- my word to not only the people who are here, but the people who can hear my voice, who are watching on television from Wynwood. I don't like to do things 5 years out, 10 years out, 15 years out. Certainly, there's a place for long-term planning, but I want to see benefit come to neighborhoods more immediately. And so, before I leave office, I want people to say, `Remember, he said that he was going to give some money for that? He did it. I was one of those people. " And so, you know, when we talk about the commitment of putting down dollars towards this thing, this is going to be a commitment that I expect to be made on the -- in the beginning so that I could start this program, where I can get these people improvements to their homes. So before the close of this year, we're looking at 20 homes, 25 homes, 30 homes that were made improvements on, which probably means that their properties will be improved before yours will. Mr. Diaz: For sure. Chair Hardemon: But I think that that's a huge step in the right direction, that people see that they're not playing about what they're saying; they're really getting things done, and that -- and, you know, that's the way that I really want to get things, because people need to be able to trust that their Government's going to do something to help them, and right now, the trust isn't necessarily there, and for good reason, but I'll leave that all on the record. And if there's not any further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. City of Miami Page 140 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: All against? PZ 7 passes. PZ.8 ORDINANCE First Reading 3408 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Planning CHANGING THE ZONING CLASSIFICATION FROM 73-0," SUB- URBAN TRANSECT ZONE -OPEN, TO 74-L," GENERAL URBAN TRANSECT ZONE -LIMITED, FOR THE PROPERTIES LOCATED WITHIN BLOCK 17 OF THE WYNWOOD PARK PLAT AT 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 TRANSECT ZONE -LIMITED, TO 75-L," URBAN CENTER TRANSECT ZONE -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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.8, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: PZ 8, can you read into the record, too, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 141 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 PZ.9 ORDINANCE Second 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: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ. 9 was continued to the March 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.9, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " PZ.10 ORDINANCE Second 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: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.10 was continued to the March 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.10, please see "Order of the Day" and "Part B: PZ- Planning and Zoning Item(s). " City ofMian ni Page 142 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 PZA 1 ORDINANCE First Reading 3558 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE 0.36 ± ACRES OF REAL PROPERTIES LOCATED APPROXIMATELY AT 3616 AND 3620 NORTHWEST 20 AVENUE, 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: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.11, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: PZ.11. Commissioner Gort: I got a disclosure to do. I, as a City Commissioner, met with Attorney Javier Suarez [sic] and discussed the zoning application for the PZ. 11, PZ.12, in reference to 3616, 3620 Northwest 20th Avenue. This discussion did not predispose me to say -- take any decision on this item, but it's my decision, solely based on the written records and the testimony presented in the public hearing. Victoria Mendez (City Attorney): Thank you, Commissioner. This is PZ. 11, which is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: What's the procedural history on it? Commissioner Gort: This is the land -- Chair Hardemon: What's the procedural history on the item, PZ. 11 ? Commissioner Gort: Future land use. Francisco Garcia (Director, Planning & Zoning): Yes, sir. I'd like to read it briefly into the record. As pertains to both of these companion items, the land use change proposal and the rezoning, this is, generally speaking, a change of zoning from T5 -L, which is the zoning designation that pertains to most of the property, to T6-8-0. The recommendation from the Planning Department was partly in approval and partly in denial. Really, the reason for that is we're trying to even out the zoning line with that across the street. That was our recommendation, that was our concern, and that pertains, admittedly, to a significantly small component to the property. However, the recommendation of the Planning, Zoning and Appeals Board was for approval City of Miami Page 143 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 unanimously. I believe the applicants made a compelling presentation regarding their idea to develop the site, and that was taken into consideration positively by the PZAB (Planning, Zoning and Appeals Board). Happy to answer any questions you may have. Chair Hardemon: Commissioner, is there --? Do you have a necessity to see a presentation, Commissioner Gort? Commissioner Gort: Okay. Chair Hardemon: Commissioner Gort, would you like to see a presentation on this matter? Commissioner Gort: The --right now, I will move it. Chair Hardemon: Say you'll move it? Commissioner Gort: Yes. Chair Hardemon: Its been properly moved; seconded by the Chair. Vice Chair Russell: Second. Chair Hardemon: Well, by the Vice Chairman. That's fine. Javier Fernandez: Again, if I may just ask for clarification, Mr. Chairman. For the record, Javier Fernandez, with -- on behalf of 20th Avenue Partners. The -- Commissioner Gort: Yeah, my apologies. Mr. Fernandez: -- motion still -- Commissioner Gort: I called you "Javier Suarez"; I'm sorry. Mr. Fernandez: It's fine. No, not a problem. But I just want to make sure there's a Jennings disclosure. We did meet with Commissioner Gort and his staff, number one. And number two, I just want to clam the motion is to approve the rezone -- the FL UM (Future Land Use Map) changes requested by the applicant, correct? Chair Hardemon: It -- I'm assume -- Vice Chair Russell: FL UM. Hr. Fernandez: FL UM, excuse me. Chair Hardemon: It will be in accor -- would the motion be in accordance with what was stated by Mr. Garcia? Is that approved in part and denied in part? Mr. Garcia: The Planning, Zoning -- So, the Planning Department have made that recommendation -- once again, just to recap -- to align the zoning designation from across the street over to the parcel, which would alleviate a component -- a small component of the parcel, so a T6-8-0, and what I had described -- rather, it's still at TS -L. But what I described additionally is that the PZAB, upon being presented the intention for development of the site, were compelled enough to actually approve it unanimously without reservation, so I submit that to you for your consideration. City of Miami Page 144 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: All right. So the question then is, how is it going to be approved? Is it in accordance with what was recommended by the -- What is the motion? Is it -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: Right. I want to be clear for our mover. Do -- would you like the motion to be -- to approve in accordance with what PZAB did or what the City recommended? Mr. Garcia: We believe, and upon having learned about the development proposal, that the Planning Department's recommendation would actually interfere with the execution of the project. We have no reservations about echoing the recommendation of the Planning Appeals Board. Mr. Fernandez: Thank you for the clarification. Victoria Mendez (City Attorney): Which, to be clear, is the title that I went -- read into the record, correct? No change to the title. Mr. Garcia: That is correct. Ms. Mendez: Okay. Thank you. Chair Hardemon: All right. Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.12 ORDINANCE First Reading 3559 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Planning CHANGING THE ZONING CLASSIFICATION FROM 75-L," URBAN AYES: CENTER TRANSECT -LIMITED, TO 76-8-0," URBAN CORE ABSENT: TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3616 AND 3620 NORTHWEST 20 AVENUE, 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: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.l2, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: PZ. 12, please read into the record. City of Miami Page 145 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Vice Chair Russell: Second. Chair Hardemon: --and seconded. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Javier Fernandez: Thank you very much. Chair Hardemon: Thank you. Commissioner Gort: Great presentation. You didn't have to talk that much. Mr. Fernandez: Thank you. Ms. Mendez: Great presentation, Javier "Suarez." Commissioner Gort: PZ (Planning & Zoning) -- Mr. Fernandez: Wish it'd gone that well the first time. PZ.13 ORDINANCE Second Reading 3422 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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. ENACTMENT NUMBER: 13747 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissionei SECONDER: Wifredo (Willy) Gort, Commis: AYES: Hardemon, Russell, Gort, Reye: ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.13, please see "Public Comment for Planning and Zoning Item(s). " Chair Hardemon: PZ. 13, read it into the record, please. City of Miami Page 146 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: What are the changes? Francisco Garcia (Director, Planning & Zoning): Briefly, this is the -- the City is the applicant, but this is an amendment to the Zoning Ordinance, before you on second reading, to clarify that auto -sales -related uses can be adaptively reused. Only modifications or enhancements will be brought further into compliance with Miami 21, but the uses in their present form can remain as is and continue to prosper. Chair Hardemon: So you mean to tell me that new buildings -- I can 't just go onto a dealership, take my car, and drive it right off of the lot anymore? I can 't just steal it that way? Mr. Garcia: Only through the proper exit point, sir. Chair Hardemon: Is there a motion to approve? Commissioner Gort: Move it. Commissioner Reyes: Move. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Chair Hardemon: -- and seconded that we approve item PZ. 13. Commissioner Gort: (UNINTELLIGIBLE) maintain the reason why we brought this up. You're looking at Northwest 36th Street, and in Miami 21, they're allowed -- cars are ugly, so you cannot have a sale car -- used car sales in lots. And Northwest 36th Street, they're a whole history. That's all they've done in that area. So it's -- a lot of people, they have open land. The vacant land is not being used. They're not making any funds, and it's very difficult for them to get any permit to establish, so that's why the changes. I've been working with the Planning Department for a while, and I want to thank you, Francisco, for bringing this up. And finally, they'll be able to open business in there. Commissioner Reyes: Back in the days, 36th Street was the used car street. Remember that, Willy? Chair Hardemon: So what is it? As kids, you just walked by and wished you had a car? That's what I did. When I was walking -- I remember walking to and from work. I used to work at Chuck E. Cheese on Pines Boulevard. They've made some renovations. I just took my daughter there recently, but that's where I used to work. I used to host parties, so maybe I hosted someone's party that's watching. Made good tips. I always kept myself very neat. I had a couple spats with the management, but, you know, he wanted me to do some things that was unreasonable, and I -- you know, I am the same Keon now that I was then. I disagreed and I told him why, and we eventually decided that we were going our separate ways. I don't know which way he went, but I left. And -- but I used to pass by the Jeep Dealership on the corner of Douglas and Pines Boulevard, and I would say, "Look at all those cars. They could let somebody have one of those cars. They don't have to have all the cars. " I drive a Jeep now, so. Ms. Mendez: So were you ever the Chuck E. Cheese mouse? City of Miami Page 147 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: Were you the mouse? Chair Hardemon: I will tell you --and this is part of our disagreement. Before we get into the vote, this is part of our disagreement that I had with the manager: At Chuck E. Cheese, the mouse is a job. You can apply for that job -- at the time, at least. I applied to be a party host. Not only do you have party hosts; you have like, for instance, cashiers, you have cooks, you have what is called -- someone who's a "Kid Check, " and you have people who work on the games. You see them, they're the one -- they used to have coins. They were the ones that fixed the games and the coins. So the party host, you get paid a smaller amount of money than you would if you were, for instance, working on the games, because the game people don't make tips, right? So what they would do was, if they felt like they wanted to punish you, they would take you off of the party and put you on what we call "Kid Check, " when you first come in -- Vice Chair Russell: Kid Check. Chair Hardemon: -- which is not right. Right? Because I'm -- now, I'm therefor my hours, and I get paid less, and I don't get the benefit of getting the tips. And then, to make it even worse, what they would do is they'll say, "Okay. Well, you're the Chuck E. " So in my time, I was probably Chuck E. three times, okay? This is my beef with being Chuck E.: The beef with being Chuck E. was that they didn't properly equip the suits with cooling equipment, so it's hot as hell in a Chuck E. outfit. Okay? And they would --what they would do is they would send you to become Chuck E. When you dress, you would go into the cooler, in the kitchen cooler. That obviously is not something that's supposed to -- you're supposed to be doing. But you go into the kitchen cooler and you would sit to chill until you go out and you do the Chuck E. stuff and then you -- they expected you to go back into the room and get undressed, because it was so hot. Well, when you did that -- it only takes a matter of minutes to do the Chuck E. dance and go back, but you lose a whole hour and -- what? -- 15 minutes of the -- of your -- of making money. And so, then you're just walking around aimlessly, not doing anything. So I did a couple things. I opened up the Employee Handbook to the page that said that Chuck E. was a different job, and blah, blah, blah, blah, blah, and I left that for -- Vice Chair Russell: (UNINTELLIGIBLE) lawyer. Chair Hardemon: -- and it -- that it needed a cooling system, and things of that nature, so I left that for them. They didn't like it too much. And then, also, what I would do was, I would get dressed into the Chuck E. oust, and I would do the dance, but for the rest of the time that the party was going on, I would go play video games in the Chuck E. outfit. Kids love Chuck E. So I -- as Chuck E., I could tell them, "Put money in the machine, " like the -- a wave runner, for instance, ski, anything. And I would go play kids with the Chuck E -- I mean, play games in the Chuck E. ouyit. The management didn't really like that too much, but the kids loved it. And so, I found myself in that sort of battle. So, you know, they -- once they realized I had too much fun in Chuck E., they put me on Kid Check, and then I was, "Okay, this has gone too far. " You can't really fake Kid Check too; it's no fun you can have there. But that's my story at Chuck E. Cheese. So, yes, I have been Chuck E. I have done the dance. We remixed the dances. We did all kinds of new dances. They loved us as Chuck E. I mean -- yeah, as Chuck E. Cheese. Vice Chair Russell: Is that a `yes" vote? Chair Hardemon: It is a `yes" vote. So all in favor of the motion, say "aye. " City of Miami Page 148 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. The meeting is in -- is adjourned. PZ.14 ORDINANCE First Reading 3109 TO BE INDEFINITELY DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 ENTITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS," ARTICLE 3, SECTION 3.14, ENTITLED "PUBLIC BENEFITS PROGRAM," ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY, AND PARKING," AND ARTICLE 4, TABLE 7, ENTITLED "CIVIC SPACE TYPES," TO PROVIDE FOR FUTURE OPPORTUNITIES FOR ENHANCEMENTS TO THE UNDERLINE CORRIDOR; 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 Note for the Record. For minutes referencing Item PZ. 14, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item (s). " END OF PLANNING AND ZONING ITEM(S) Citv ofMian ni Page 149 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 JiaJi/e\Yo7:7e1kiUZ419]JiIJill;..1[07►I;It& i111;1Ji69 CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ AkiIIV] WN 11W&TA1314111;1Ji6*1 City of Miami Page 150 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 34017619:71"sil COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 151 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 152 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 0211117619:7[00? COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 153 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of Miami Page 154 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 155 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 END OF FUTURE LEGISLATION City of Miami Page 156 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 NA.NON-AGENDA ITEM(S) NAA DISCUSSION ITEM 3746 MAYOR SUAREZ AND ELECTED OFFICIALS PAUSED IN THEIR DELIBERATIONS OF GOVERNANCE REQUESTED A MOMENT Office of the City OF SILENCE IN REMEMBRANCE OF THE VICTIMS OF THE Cierk MARJORY STONEMAN DOUGLAS HIGH SCHOOL SHOOTING WHICH OCCURRED ON WEDNESDAY, FEBRUARY 14, 2018. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.1, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " Mayor Francis Suarez: Before we go any further, I think it's appropriate -- and certainly, before we begin our deliberations and our meeting, I think it's appropriate for us to begin today with a moment of silence for the victims of the tragedy in Parkland, in Marjory Stoneman Douglas High School. Moment of silence observed. Mayor Suarez: Thank you. Many of us are parents, and I think, irrespective of how you feel about the issues surrounding what -- the tragedy that occurred, I think none of us who are parents can comprehend the terrible, terrible pain that the families must be going through right now with the loss of their children, so that is a non- partisan issue, certainly. Later... Chair Hardemon: You're recognized, Mr. Vice Chair. Vice Chair Russell: Thank you, Mr. Chairman. Mr. Mayor, thank you for your moment of silence earlier. And I don't know what everyone else was thinking during that time, because you may or may not have a connection to the actual victims that passed just one week ago in the Parkland shooting, but I was picturing my son. He's turning 16 years old today. Mayor Francis Suarez: Mine turned yesterday. Vice Chair Russell: 16? Mayor Suarez: Not 16; four. Vice Chair Russell: But you know the feeling like none other when you're a parent. In the Herald, the day after the shooting, simply posted the pictures of each of the kids and the other victims; not their school formal shot, but a shot of them smiling or laughing or with their friends, and that really personalized it and hit home to me, and I could picture my son there. And I could also picture my son with them and with the survivors and the efforts that they're doing now in Tallahassee and later in Washington. And, God, it inspires me so much, because I can hardly watch the news without breaking down and crying. And I'm supposed to be a legislator with composure, but these kids are fearless in finding the words and finding the fight, and having some frustration in Tallahassee. I would like the board's indulgence to offer some pocket resolutions this morning based on any discussion that we're willing to City of Miami Page 157 Printed on 0313012018 City Commission Meeting Minutes February 22, 2018 have. I know Commissioner Reyes has some suggestions and ideas, and I'd like to throw in some of my own; and perhaps, we talk about them a little bit, we make a list, and then we vote on what we'd like to try to take action on as a city; what we can do to take steps to make sure our children come home safely every day and what we can advocate for, and where we can assist. So I would just like to introduce four ideas that I have that I'd like to see us move forward on. Number one, the fire alarm system that was pulled in the school that allowed the shooter to cause the chaos, which actually increased the amount of deaths he was able to incur is something we need to look at. It's my understanding in hospitals, if you pull the fire alarm, it does not suddenly empty out the building; yet, it notifies the fire department and the administrators to check and make sure before causing any chaos. I'd like to see if there is something that we can do to review the processes and the actual implementation to look at our fire system. And I've spoken to Chief Zahralban about this and I welcome his -- the Manager's help with that; that's one. Two, I've been in touch with our Superintendent of Schools, Alberto Carvalho. The number of threats and copycat threats they've received over this past week is staggering. It's horrid to think that somebody would capitalize on the confusion and pain and grief, to cause more, but the Superintendent has stepped up security, and I know this is one that Commissioner Reyes has expressed care about. So I would like to direct our Manager to look at and -- redeploying the reserve force of our police. There are hundreds of retired police officers who can help create presence at our schools and supplement, and work together with our Superintendent to make sure that where there are any gaps in security that we at least have a presence during this heightened time. Mayor Suarez: Mr. Chair, can I please interrupt? Yeah, I just want to give the floor to Commissioner Reyes, who had -- Vice Chair Russell: I will absolutely open it up completely. I just want to go through a short list, and then we can delve into each one; and the goal is to finalize that list, rather than voting on each one individually. Mayor Suarez: Understood; additional items, as well. Vice Chair Russell: And as I said, full credit to Commissioner Reyes for bringing about the concept of security and highlighting the idea that we do have a reserve police force, and I thank him for that. I would like to urge -- I would like us to make a motion urging the State to retract the preemption that does not allow us, as municipal elected officials, to legislate within our own city for the safety of our kids; keeping in mind that we, as a city, back in 2008, when this Commission looked a little different, but the sentiment was the same, we have a standing ban on assault rifles that we are urging the State to take up. That stands now, but I would like to -- for lack of action having been taken, I'd like to see us not be preempted. And finally, back to the teens; the hundreds of teens who are up in Tallahassee right now, getting a taste of what Florida politics is like. To use an analogy, you never bring a knife to a gunfight. And as inappropriate as that may sound, it's exactly what's going on right now, because in Tallahassee, we have a legislative gunfight. And those teens, they have the passion; they have conviction; they have the experience now. They know what they're trying to achieve, but they may not have all the tools. I would like to pass a resolution directing our Manager and our City Attorney to offer our resources, our legal resources and our legislative resources, with the legislative team we have in Tallahassee now, for the remainder of the session to offer advice and services to the teens and families that are there, and that's what I've got. Gentlemen, I think we need to do everything we can, everything within our power, to take direct action in our city, and everything in our power to advocate for change to make sure that the right to come home safely is the most important right. Thank you. Mr. Mayor. City of Miami Page 158 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mayor Suarez: Thank you, Mr. Chair. And I'd like to cede the floor to Commissioner Reyes, who's a teacher -- Commissioner Reyes: That's right. Mayor Suarez: -- that has to deal with this threat -- this potential threat -- every single day. Commissioner Reyes: Yes. I do agree with Commissioner Russell. I think that all of this -- all the items that he point out, I think it should be -- I mean, they should be addressed, but I know that -- I'm a teacher, you see, and let me tell you -- and I teach high school. I see my students every day and I know how my fellow teachers and administration feel, particularly after what happened. I know that a conversation is going nationwide and statewide on what we're going to do with weapons and what we going to do with assault rifles and all of that, but there is a reality. Reality is that we have to protect our students now. They have to be protected now. And I will last, Mr. -- Commissioner Russell and the rest of the Commission, to co-sponsor, you see, the pocket item that -- what is -- it -- what it says is that we should form and we should work with the School System and with the School administration and the School Police, and in order to bring what is called resource officers that will be patrolling the school. And I -- when I'm saying, "resource ojficers," I'm saying "armed resource officers; " trained personnel; not anybody -- not a teacher with a gun -- trained personnel that will be assigned to each school. I ran this by my students; I ran this by my fellow teachers and by the administration of my school, and they all will feel that more protect -- I mean, they will feel safer, because at this time, our students don't feel safe in school; many teachers that don't feel safe. I have seen students jump when the -- when my classroom door open, you see. And we have to protect them as much as we can and try for them to feel safe in school and we want to make them safe, and that's why I presented this pocket item. And I will more than -- I'd be more than glad if it is co-sponsored for the -- by Mr. Russell and by the rest of the Commission. Mayor Suarez: Mr. Chair, if I may? Vice Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. I think what we should do is create a global resolution, because I think what you're saying is on point with what the Vice Chair has said. I think we all sort of agree on a lot of these global concepts. Commissioner Reyes: Yes, sir. Mayor Suarez: I'd like to introduce a few global concepts, as well, and maybe bundle it all together in one resolution that I think we can all support, if that's okay with this board. Commissioner Reyes: No, it's okay with me. You see -- Mayor Suarez: Yeah. Commissioner Reyes: -- I'm not here -- I mean, there's -- this is no time for politics. Mayor Suarez: Absolutely. Commissioner Reyes: Let's be clear about this. It is not time for ideologies and politics. City of Miami Page 159 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mayor Suarez: I agree with you. Commissioner Reyes: It is time to take action. Mayor Suarez: Yep. Commissioner Reyes: It is time to take action. It is -- I mean, I don't want to be the sole owner of a resolution or be the only messenger of this -- I mean -- problem that exists now, no, no. I want us to take action. And I, as a teacher, you see, as a teacher that every day, I see my students -- I don't want to lose a single one, you see? Emilio T. Gonzalez (City Manager): Excuse me, Mr. Mayor, may I? Mayor Suarez: Yeah, of course. Commissioner Reyes: Sure. Mr. Gonzalez: Mr. Commissioner, thank you for your comments, and I couldn't agree with you more. I did just want to answer or at least address your sense of immediacy. Literally, the day that that happened, I was in contact with Chief Colina, who has been in coordination with the Miami -Dade Schools Police Department, to offer whatever assistance they could -- even if it's just presence -- at all of the schools in our City. And since then, the Chief and I have been working together to draw up a plan that will address many of these things that you just mentioned rather quickly. There are some administrative and legal things we need to look at with regards to the -- Commissioner Reyes: Good. Mr. Gonzalez: -- Reserve Force, but rest assured, sir, that we're on this and that we're making this a priority. I don't know if the Chief has anything he wants to add. Jorge Colina (Chief of Police): You know, I'm available, obviously, to answer any questions or concerns that anyone has. Let me just assure everyone, this incident in Parkland, this tragedy in Parkland was not yet over, and I was already communicating with our Chief of Operations to make sure that we had an increased presence at our schools; that we had an increased presence at our schools the very next morning. I've been communicating with Chief Moffett from the Miami -Dade School Board to make sure that we are lockstep in our approach of how we protect our schools. Currently, we have three school resource officers; one for each district of the City; North, Central, and South. The function of that resource ojficer is to make sure that they liaison with each one of our schools; to make sure that their current plan of lockdown and evacuation is current and that it's -- that they practice it, et cetera. We are available to any of our schools. We have an Office of Emergency Management, which does active shooting training. This is training that we offer -- obviously, without a fee -- that we offered everyone, anyone who's interested. Most recently, we did the Perez Museum, where we know that a lot of kids go daily as part of field trips, et cetera. Before this incident happened, we already had scheduled the Boys Club here in Coral Way to do active shooter training as -- there, as well. On the response side, we're completely prepared to respond if there was such incident. We train our officers constantly. We have a full- time SWAT (Special Weapons and Tactics) team. Our officers understand that if there's a shooting, we don't go set up a perimeter, wait for SWAT, no. We immediately form a contact team that goes to where the shooter is. But I don't think we're talking about being prepared after the fact. City of Miami Page 160 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Reyes: Right. Chief Colina: I think we're talking about preventing. Commissioner Reyes: And you just touched a point that I been observing all the time, and I'm glad that you clarified that. You see, every time there is a shooting in school, I have witnessed the police comes and they wait for SWAT to come in. And then when SWAT gets -- and get ready, then they go in. I think that as is -- I know that is difficult for -- and is very dangerous for our police ojjicers just barge in. Chief Colina: Right. Commissioner Reyes: But I am -- I mean, excuse my ignorance, but I know -- if that's the right protocol, the right -- that it should be done, but I thought that it's wasted time that gives the shooter additional time to kill people. Chief Colina: And Commissioner, we don't do that. We don't train that way at the City of Miami. Our philosophy and our approach is that the first officer on the scene Commissioner Reyes: Good. Chief Colina: -- is going to go wherever the shots are being fired -- Commissioner Reyes: Absolutely, absolutely. Chief Colina: -- they will form a contact team that will go wherever the shooter is. I met with our Fire Chief last week. As a matter of fact, again, before this incident, we had an extensive meeting on our approach to these type of incidents where not only are we forming a contact team to go in and address the shooter immediately, but immediately have a Rescue team that includes Fire personnel so we can render aid immediately; we don't have students that are bleeding out, for example, because the incident is ongoing in another part of the facility. These are all things that we're very mindful of and that we've been planning. And again, this was pre the tragedy at Parkland. And just to clarify further, just so this Commission understands how I feel about this personally, it was two days after I was sworn in as Chief of Police that I was on a local TV (television) show where I publicly said -- and then, you know, got a little bit of push -back -- that "I have an issue with combat weapons, and I have an issue with bump stocks, and I think that we have a problem with guns. " And so, you know, we're very mindful, and it is my top priority; not just because what I feel in my heart, but it is my duty to ensure that the residents of Miami are safe, and that we do everything in our power that they feel safe. And so, we're taking these measures. I know it was brought up, sir, the Reserve Program. We do have a lot of reserve officers. Commissioner Reyes: Yes. Chief Colina: As we speak right now, we are reaching out to every one of our officers to gauge who is willing to volunteer their time at our schools. I'm hoping that we have a big response. I believe that we will have a lot of officers that are going to be willing to volunteer their times to show up and patrol outside of the school as a deterrent, as a presence at our schools; additionally, the officers that we have right now. We've broken up every NET (Neighborhood Enhancement Team) area, what schools are in your NET area. As a commander, you need to know that. You need to be responsible for those schools. The NROs (Neighborhood Resource Officer) that patrol those NET areas will need to go by those schools daily, the ojFcers. That'll be a mandatory watch order where, while you're patrolling your City of Miami Page 161 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 zone, you will drive by that school when you're not on a call, and you will document that you went by that school as a presence. So these are things that we're doing right now. Commissioner Reyes: I want to clarify what my intention is and what my pocket item is all about. It's not about volunteers. I mean, I want to go beyond volunteers. Chief Colina: Yes, sir. Commissioner Reyes: I know that would -- that a cost will be incurred, you see. I want resource officers that -- I want to draw from the pool of retirees, you see, and -- but I want to hire them. You see, we don't want -- I don't want my students and my schools to be at the -- I mean, the mercy of volunteers. I want resource police officers, that they would be hired. I don't know how the cost will be -- probably it could be -- that's for the City Manager to decide, and work with the School System, and if we can -- we have a -- I know we have an interlocal agreement with Dade County Public Schools. What I want to find is -- I mean, I want to form and create a security force that will be in school every day, that -- I mean, besides all the patrolling that we are going to get from our police officers, I want resource officers to be inside the school every day. And as I have talked to my -- even my fellow -- I mean, my fellow teachers and administration, and with the students, you see, the mere presence of those officers over there, see, makes them feel a lot safer. It will also create some sort of -- I will say a bond and a trust between the officers and the students. And according to all the teachers, that will even, even will improve discipline, see. And those officers that I wanted to be in school and that I'm proposing, I mean, that I'm proposing to be inside of school, I want it to be a trained -- that's why I had included -- you see, hire some of our retirees, you see -- a trained police force that's going to be inside the school, working in conjunction with Dade County Police -- Dade County Public Schools Police, you see, that -- I mean, I have - - I'm not bad-mouthing or saying anything bad about our securities, but our securities are not trained, you see. The security personnel that we have in all school --and I can take you to all schools, you see. I'll take you to my school. They are not trained; they are not armed. You understand what I'm saying? Chief Colina: I understand completely, sir. Commissioner Reyes: And that, I know, is going to incur spenditures [sic]. Mr. Gonzalez: Excuse me. Commissioner Reyes: And I will love for our City Manager to work magic around it and try to find the funds, and work together with the -- with Dade County Public School Police. Mr. Gonzalez: Sir, I've been called many things, but not a magician. But I did just want to address -- the use of the reserve force is not the only asset, but it's the most immediate asset. Chief Colina and I are going to sit and work on addressing what you've directed. We'll figure out what the legal requirements are. We'll figure out what the cost implications are, but we understand exactly what it is you're after. Commissioner Reyes: Okay, sir. I just wanted to make clear that my proposal is very specific. It's very specific; having officers trained and armed patrolling the school. Chief Colina: And I can give you some -- Commissioner Reyes: Decide that out. City of Miami Page 162 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chief Colina: -- rough estimates, Commissioner; just so we have an idea of what we're talking about here. So roughly, the start-up cost, year one, for one police officer is about 157,000. That includes salary, benefits, and then equipment. That's year one; that's the most expensive year, because of the equipment. We have 82 publicly funded schools in the City of Miami, so we're estimating -- and again, this is a rough estimate -- probably about four and a half million dollars yearly as a cost to have officers at the schools. Commissioner Reyes: Okay. Chief Colina: There's other issues involved. Commissioner Reyes: Yes. Chief Colina: And if it's the will of this Commission and the will of the Manager, I will, obviously, do as directed. But just to be responsible about it, we would also have to sit down, obviously, with the School Board Police -- Commissioner Reyes: Absolutely. Chief Colina: -- work out a memorandum of understanding. They receive training inside the school that we do not receive. Commissioner Reyes: Yes, sir. That's why I'm saying about training, and I'm telling -- and I'm -- when I'm referring about work in partnership with the School System. And also, this is nothing new. Doral -- and I think that, Commissioner Carollo, Doral has a program like that, and I don't know if we can get some money from the Police Trust Fund. I don't know where we can get some money from, but I think that we shouldn't be -- not constrained because of the cost, because the life of one single student, it is -- there is no price; there is no money to pay for it. Chief Colina: Agreed. Commissioner Reyes: Okay. There's (UNINTELLIGIBLE). Chair Hardemon: Commissioner Gort. Commissioner Gort: Chief, let me ask you a question. My understanding, there's different agencies involved in all the studies and analyses, all these individuals. Do we have a centralized communications system? Because my understanding is there was a failure in communication, not only with other agencies, but also some of the health -- hospitals that we have, where people have -- mentally ill -- which is the majority -- I would say about 85 percent of the individuals committing this crime. Can we have a centralized communications system, where it comes to a base and everybody is aware who's out there, who could be dangerous, before it happens? Chief Colina: Not really. We have some elements in place. So, for example, we have the ability to flag a location. If we've had incidents in the past, or if there's a location where we've encountered someone who has been violent, whether it's through mental illness or whatever the case might be, we have the ability to flag that location, give the officer some warning. As you know, there are many restrictions and -- right to privacy laws, et cetera; HIPPA (Health Insurance Privacy and Portability Act) violations. We communicate -- not with the schools, specifically. We have the ability to communicate with the School Board, obviously. But in terms of having a system in place where we know where everyone who suffers from City of Miami Page 163 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 different elements or levels of mental illness and who they are, and where they're at, at all times, honestly, we do not have that. No. Commissioner Gort: I mean, my understanding, we had that information about this individual for months before it took place. Somehow, I think we need to centralize that, and be able to put something together where we can get all the information so you can do your job a lot better. So that's one thing I'd like to add. Commissioner Reyes: Excuse me. If I may add, when we go to -- we're talking about cost and all of that -- Chief Colina: Yes, sir. Commissioner Reyes: -- I want you to -- Chief, I want you to understand that these resource officers are going to be employees for 10 months only, they are going to work only from 7 to 3, and I don't know if there might be some employment laws or whatever like that; if we can work around that if we are going to get retirees. And I don't -- I mean, instead of being -- those that want to volunteer, welcome. But I want to make sure that there are employees on it. Mr. Gonzalez: I understand. Commissioner Reyes: And I don't know, Mr. City Manager, if -- I don't know anything about human resources and how the labor laws are on employing an armed guard, but I want to remind you that this is not a full year employee, you see. Mr. Gonzalez: Yes, sir. Commissioner Reyes: And probably, we can -- maybe we can share the cost with the School System. Mr. Gonzalez: And again, sir, Chief Colina has been putting this data together -- Commissioner Reyes: Sure. Mr. Gonzalez: -- so he can come back and make a -- Commissioner Reyes: Fantastic. Mr. Gonzalez: -- more detailed presentation. Commissioner Reyes: And I really appreciate that, and I commend you for it. But if you -- but in my opinion, there is a sense of urgency -- Mr. Gonzalez: Yes, sir. Commissioner Reyes: -- because I know the discussion and the conversation is going to take place, but we are -- we cannot wait that another incident happen. Mr. Gonzalez: Agreed. Commissioner Reyes: You see. Chair Hardemon: Chief, is there currently an issue with the resource officers in the Police Department? Are they not being used right now? I heard some talk through some police officers that -- and I might be using the wrong terminology, so they may be certain individuals. So those who are -- I believe they may be -- you use retired City of Miami Page 164 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 officers to do off-duty jobs; and so, that class of officers. I know that we recently had some sort of lawsuit from one of those types of officers. And as I understand, it caused us to halt using those types of officers for off-duty jobs. Can you explain what's going on there at the moment, and if we can reinstitute using those programs? Because as I understand, those officers have to have some sort of certification to continue to work, and that may be in jeopardy, because they haven't been able to be used by the Force. Chief Colina: It's complicated, but the Reserve Officer Program was suspended by Chief Llanes. It was suspended for good reason. There was concern that reserve officers were signing up for off-duty jobs, which they're certified police officers, so the decision was made to allow them. But the fact that they are now being compensated and they're not a volunteer, the City could be liable for workers' comp; not just workers' comp from money that they earned as a reserve, but if they work somewhere else, we would be on the hook for that. Some of the other concerns that were considered were that these officers that are now retired, you know, do not go through a physical, for example. We don't know the current condition, whether you - - you know, "Can you see? Can you hear?" And the officers have the ability to sign up for any job. So what we're considering now or what I have decided is to reinstate the program; however, that program would be on a voluntary basis to mitigate the risk to the City and the liability to the City. Additionally, we would have the ability to then choose where the volunteer officers are able to volunteer. It's much different in the daytime at Phyllis Wheatley Elementary as opposed to at nighttime directing traffic during a Heat game, for example, to different levels of liability. Chair Hardemon: So are you saying that then the reserve officers tivoI not be compensated for the work that they'd be doing? Chief Colina: The reserve officers -- it's traditionally always been a volunteer program. They are not compensated. They come and they work for free, at no cost. Probably about five years ago or so, a decision was made to allow them to sign up for special events. If they signed up for a special event, they would be paid for that special event through the vendor. That program went on for about five years. There was an officer that made a claim that was injured. That kind of raised a little bit of a red flag from the City Attorney's Office, with good reason. You know, what is the liability to the City if we allow this, because they are being compensated? And so, that was -- the decision was made, let's halt the program entirely until we can further examine what the liability is to the City and the City's residents. Chair Hardemon: All right. So what I'll do, Madam City Attorney, I want to have a discussion about this; and with you, as well, Chief -- Chief Colina: Sure. Chair Hardemon: -- because, obviously, you're the professional in this matter, and it's just something that I really want to see what it is that you can do, because we know that police officers work very long days -- or very long nights. And so, when those same police officers then have an off-duty job, and then they come back to regular duty -- Chief Colina: Yes. Chair Hardemon: -- what I worry about is their ability to function, how tired they are, because, you know, they work very hard -- Chief Colina: The "T"factor. City of Miami Page 165 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: -- yeah -- to earn a living. But then, in that -- in doing so, does it put someone at risk, because they're not able to function at the level that you want them to? And so, I don't know if reserve officers will be able to ensure that not only do you have the off-duty professionals that you need there, but then you can guarantee that police officers are not doing too much, you know, off-duty. And I'm sure you probably have guidelines as far as how much they can do to ensure that they're not fatigued. But it's just a matter of concern -- not only for reserve officers, but for the people in the community -- about who is doing the work that needs to be done. So we'll just talk about it later. Chief Colina: Sure. Chair Hardemon: And I know we've been having some discussion, but I don't know we've had an actual resolution that's been introduced, so we're having discussion about that. So I want to make sure that we move, you know -- Vice Chair Russell: I'll make a motion. Commissioner Carollo: Can I -- Chair Hardemon: Okay. Commissioner Carollo: Commissioner, if I can speak when you're done? Chair Hardemon: Okay. Before the motion is made? Commissioner Carollo: Yes. I'd like to if it's possible. Chair Hardemon: Okay. Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. I've been hearing a lot of talk today -- rightly so -- on how all of us are outraged as to what happened at Parkland. I've heard and seen the same reactions of other mass killing incidents; not only in our State, but throughout our country, and rightly so. But we should have the same outrage when there's a single kid or a couple shot on a weekly basis, almost, in parts of our communities. And the outrage is not there in the same way, because it doesn't get the publicity, because it's only one kid, two kids, in poor neighborhoods, and it gets moved into the side. But you add it up, and every year, we have more killings in our community, more wounded than you've had in Parkland, in Orlando, in any other major mass shooting in our country. Now, we're talking about making resolutions, and I think we need to understand some of the dynamics of where we need to go, because this is a very complex problem that we have in our country, in our City, and our society in America. One stems from drugs; that's the major root of a lot of the problems that we have. From there come a lot of mental health issues. Some are there already. They get more aggravated, because people are using drugs; some are because of the drugs; whether individuals that are schizophrenic, individuals that are bipolar and are not under medication or the right medication. So you have drugs, you have mental health issues, and you have military -type assault weapons. That's about the deadliest combination that you could put together, and this is what's causing all these killings in our country. And I'm not forgetting about other weapons that are not military assault, but the military assault weapons are the ones that are causing the most shock in our community, in our country, with the mass killings. I think we need to understand -- and I'm sure that I have friends that are going to City of Miami Page 166 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 wonder, "How can you take a position like this?" -- but I want to explain a little bit why they're able to hurt so many people, kill and wound so many people, and how much more we could do than what we just talked about in the areas that we have to cut, so if we can't at least accomplish one in the Legislature, maybe we could accomplish the other. Unbeknownst to most people here, in a prior life, I was a firearms instructor. I taught how to shoot military assault weapons, like the one used in this mass killing. The bullet use for the M16, which the AR -I5 is the civilian version of it, and the major difference is -- one is you got to just click your finger every time you're going to shoot. The military type is -- Chair Hardemon: Load it. Commissioner Carollo: -- automatic, if you want to put in full automatic. But the bullet, you look at it and you say, "Gee, it's a small bullet, "you know. "Why should it do so much harm?" Well, let me explain to you why it does so much harm and why this bullet should not be in our society. It's a small bullet, but the minute it comes out of the barrel, it goes in a slight slant. Even if it hits a blade of grass, basically, that bullet is going to start tumbling. So if it hits you here in the shoulder, that bullet is going to start tumbling inside of you. When it tumbles, it's going to tear everything inside of you, and it come out in your thigh, in another part of your body, even though it entered here, and everything that it goes through, it's tearing apart; that's why it's such a dangerous bullet. Now, you have some other assault weapons, like the AK -47, that are much bigger; they have different impact, but nevertheless, just as deadly. And while it's up to a higher authority than ours to curtail military assault weapons, and I think -- and let me be very clear -- that there is no place in our society, with the exception of the military and law enforcement, for military -type assault weapons. One of the areas that we have to also emphasize to the bodies that can make a difference is not only in doing away with them, and not just not selling anymore, but finding a way that we could make anybody that has one that's a civilian get reimbursed for what it's worth, but get them out of society so that anyone that has one, it will become illegal. And maybe I'm sounding very radical, but I think this is a situation that you have to get a little radical on, because it's just too many dead, and there's just no explanation why anybody would need a weapon like that in our society. You can't shoot nuclear warheads coming in with an AR -1 S or an AK -47 or a Mini -14 or an M-1, or scores of other weapons. You can't stop a biological or chemical attack and, you know, blow the cells in the air with any of those weapons. But where we also need to emphasize to the Legislature is on -- the clips on this weapon. If they are going to leave them and not take them out -- like I think they should make them illegal -- then at least, for God's sake, curtail the clips that they could have to no more than five bullets, because when you have weapons and you have clips that -- depending on what kind of assault weapon it is -- could go up to 40, 30, or 20 rounds a clip, this is why you're seeing so many people being killed, so many being wounded. By the time they have to reload, they've taken out who knows how many people. So I think we need to emphasize, also, in not only doing away with the weapons, but we need to demand that the amount of bullets in clips, if they're going to be left there, be no more than five per clip so at least if someone is going to be deranged and doing something like this, they don't have the ability to keep shooting and shooting and shooting before they have to reload again. Mayor Suarez: Mr. Chair? Chair Hardemon: I want to do something really quickly. I know that there's possibly up to four resolutions that I believe were going to be heard. What I'd like to do is have -- put on the record what the resolution is, so whatever the ask is, the motion is, state what they are. Mayor Suarez: Absolutely. City of Miami Page 167 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: So -- before you move on -- we can state them, just so people know what they are, they're aware of them; and then, what I'd like to do is open up the floor for public comment to allow people who are here on all issues on this agenda to get a chance to speak, and even to the issues that we state so that the public comment can be closed, and then we can go about debating and making the motions. Commissioner Reyes: Okay. I do understand and -- Commissioner Carollo and his concern -- and I do understand that they are issues that go beyond our control, which is -- such as mental health, drug use; and, as a matter of fact, we can say lack of information on the individuals that are going to buy guns, et cetera, et cetera. I know that conversation and that discussion has to take place, and is taking place. My concern is an immediate danger that we have in the schools. You see, as a teacher, I want some sort of protection that will be undertaken from the -- our resource officers or somebody and protect our schools. Yes, we must have a conversation about -- and a discussion -- and try to solve the problems that causes this. But in reality, now, while those conversation are take -- are being -- is -- are taking place, we have students in classrooms, we have teachers that are teaching, and there is a danger that I think that we have to address, see. We have to address that, and I don't want to get away from the initial proposal, which is to be able to provide resource officers to our schools. And if -- I know that it's going to have a cost, how we going to go about it? Who are we going to employ? And directing the City Manager and the Police Chief into deciding or bringing some sort of -- I would say a solution or trying to bring their ideas on how we can implement any of those resource officers. And if they have a better idea that -- in -- and to protect our students, our teachers to bring it about next Commission meeting, okay? That's -- this is very simple, you see. This is very simple. We have a danger, you see. They are -- our students are in school. This is happening. There's a lot of copycats and I want to be ahead of them and try by all means to keep our schools protected. Now, the other -- all the other issues, they are going to be argued. Yes, we need to argue, we need to discuss it and it is taking place and I hope that we find solutions and we take some guns off the streets, and we give our students our -- as a matter -- not our students -- our population more mental health services. I mean, I know that we need that, you see. But my pocket item deals precisely just -- it is with the safety in our schools. Chair Hardemon: Right. So -- Commissioner Reyes: You see? Chair Hardemon: -- the first idea, the first resolution that we should consider is to direct the City Manager to study the cost and plans to implement office -- resource officers to schools or any other better ideas. That's one. Can --? Commissioner Carollo: That should be a separate one. Chair Hardemon: Right, right. I'll -- Commissioner Carollo: I will second that. Chair Hardemon: Wait up. I just want them all -- I just want to get them all on the record. And I know you have a few. Victoria Mendez (City Attorney): Chairman— Vice Chair Russell: Thank you. City of Miami Page 168 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: -- I have a list based on all the resos, as well, but that one is combined with -- Mayor Suarez: Commissioner -- Vice Chair Russell: Suarez. Ms. Mendez: -- Commissioner Russell's, just for purposes of drafting -- Mayor Suarez: I think it's an expansion. Commissioner Reyes: Yes, because Russell addressed -- Commissioner Russell addressed safety in a school, like, for example, that fire -- Vice Chair Russell: That's one of them. Commissioner Reyes: --that -- Ms. Mendez: That's a separate one. Commissioner Reyes: -- you see, the fire alarm, how to -- I mean, what happened with it and the -- but I just -- I'm going to ask that that resolution only include safety Mayor Suarez: Mr. Chair. Commissioner Reyes: --in school. Mayor Suarez: I think where you're headed is to make them separate individual votes, because they're separate components. Mr. Gonzalez: Yes. Mayor Suarez: And I think some people may not want to vote for one, may want to vote for the other -- Commissioner Reyes: Yes, sir. Mayor Suarez: I was thinking -- I was hoping that it could be done globally, but I'm seeing, based on the debate, that there may be a need to differentiate. Chair Hardemon: Right. So I -- Mayor Suarez: Okay. Chair Hardemon: --just want to get what they are on the record. Mayor Suarez: What the issue is. Chair Hardemon: So we have that one. Could we state the others on the record succinctly, please? Vice Chair Russell: Yes, Mr. Chairman. A resolution of the City Commission directing the City Manager and the City Attorney to direct the City of Miami's legislative team in Tallahassee and our legal team here in Miami to make themselves available to provide guidance to the students and family members of Marjory City of Miami Page 169 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Stoneman Douglas High School traveling to the State Capitol to meet with legislators; urging them to pass gun control, school safety, and mental health measures in the remaining weeks of the Annual Legislative Session; that's one. Chair Hardemon: Okay. Vice Chair Russell: The other one was the fire alarm policy, for the Manager to work with the Chief -- Fire Chief to study the minimum safety standards of our fire alarm policy and the logistics of potentially changing the mechanisms through which a person of the public can activate afire alarm. Chair Hardemon: Okay. Vice Chair Russell: One is a resolution urging the State to lift the preemption on local municipalities from regulating these sorts of things. I really believe that at the State and Federal levels, when the partisan divide happens, forward motion doesn't. And I really believe this nonpartisan body, whatever disagreements we have, we have the granular connection with our community to where we're not clinging to an ideal or a constitutional thought. We are clinging to our children and trying to take action, so I would like to urge them to lift our preemption -- the preemption on our regulation of firearms. The reserve force, I don't know if that's separate from Commissioner Reyes, because I know he's been talking about a paid force, specifically for a short period. The reserve force is the volunteer and I just wanted to direct the Manager -- I know he's already working on it -- but give him formal direction to be able to continue. And I believe Commissioner Gort had one about data collection; an analysis which we could work with our Chief Innovation Officer in the Police Department to make sure all points of data are compiled in a way that can be analyzed to potentially foresee dangerous individuals. Chair Hardemon: Okay. That was it? Is that all of them then on the record? Mayor Suarez: I'm sorry; yeah; haven't started yet. Chair Hardemon: You have some items, as well? Mayor Suarez: Yeah, yeah, and I just want to make a couple comments, based on what -- some feedback on what the Commissioner said, too. First, I want to agree with a lot of things that were said here. I guess I'll start from right to left. On the preemption issue, I think not only is the preemption issue problematic, but I think fining Mayors $5, 000 is extremely problematic. You know, I've never heard of that before. I don't think that's constitutional. I can't imagine that you could fine a Mayor -- who, by the way, in the case of myself, is not a member of the legislative body -- for a law that's enacted to restrict gun sales or restrict guns or assault weapons, or anything of that nature. So I'd like to add that, because I'd love for us to do an analysis of whether that's constitutional to fine a Mayor for something of that nature. Tome, it doesn't sound constitutional. Ms. Mendez: Could you repeat what you just said with regard to that one? Mayor Suarez: What I just said is -- There was an article in the Miami Herald regarding localities or cities; if they promulgated some sort of laws in contravention with their preemption, the Mayors would be fined $5, 000. Ms. Mendez: So that's Florida Statute -- Mayor Suarez: Right. City of Miami Page 170 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Ms. Mendez: -- 790.33, which is the one that Commissioner Russell is asking for that preemption to be lifted. Mayor Suarez: Right. I just want to specify that specific part of it is particularly offensive to me. Ms. Mendez: Yes. And you could be removed -- so could I, any of us; that's the whole point to it. Mayor Suarez: It may be unconstitutional, but -- I won't go any further. I don't want to give my Manager high blood pressure. The second thing I want to say is I want to talk about two things that Commissioner Carollo said that I totally agree with; one of them is the outrage. As you said, absolutely properly, we've had 10 murders this year already. We're in February 22. We've had 10 murders in the City of Miami, and I've run a SK after every single one. And so, where is the outrage, like you said? You know what I mean? Where is the attention that's being called to what happens in our City every single day? And I completely agree with you. And I also agree with another point that you made, which is -- and I got a text message today from a business owner in our community, and I hope this becomes a groundswell, like we've seen happen with the kids from Marjory Stoneman Douglas. I had a business owner that pledged a hundred thousand dollars today for a gun buy-back today. So we're going to be, hopefully, with your help and your cooperation, engaging in that initiative to buy back assault rifles, because I do think that we need to take those guns off the street, and I think that's one very, very concrete way of doing that. And hopefully, that hundred thousand dollar pledge, as has happened with the Marjory Stoneman Douglas children, where you've seen now -- I think they've accumulated like $S million in pledges for their advocacy work. Hopefully, that spurs more people to donate. I did something as a Commissioner that at the time was seen as controversial, and it's not the kind of thing that you want to be right on, but I put a resolution on the Commission meeting at the time, and many of you were here, equipping our officers with ARs (assault rifles), with high -velocity rifles, long rifles; what they call "long rifles. " And it was very controversial. And we procured a significant amount of them for our police force. But that was after Pulse. And unfortunately, all we've seen is a perpetuation of these kinds of events, over and over and over again. And what worries me is our officers -- even a reserve officer -- having a revolver or having a semiautomatic pistol, having to confront someone with an AR -15; and not only the risk to themselves, but certainly, the risk to the students of a confrontation of that kind. So I would ask our Chief to look at that. I know that Broward County also instituted those high-power rifles. You know, we don't want to be militarized any more than we have to be or than we should be. But at the same time, I think it's fair for our officers to have the equivalent equipment to confront threats -- particularly threats that involve our children -- that the bad guys, if you will, have. And so, I'd like for him to take a look at that issue, as well. My legislation -- or my three components actually came from -- I went to the US (United States) Conference of Mayors in Washington, DC (District of Colombia) a few weeks ago, and this was before the incident occurred, and I was on a -- sort of a gun violence panel. And they made three recommendations, and I thought that they were three good recommendations that we should adopt. We haven't talked about them here today, because some of them involve another mass shooting, which was the one in Las Vegas. I think the City Commission -- you know, since we've already spoken on assault weapons, on the assault weapons ban in 2008, very clearly on that issue, I think we need to speak very clearly on the issue of bump stocks. There is no reason why -- and even the NRA (National Rifle Association) agrees that bump stocks should be illegal. Something that converts a semiautomatic weapon into an illegal automatic weapon should be illegal. I think we should make a very profound statement as a government which has half a million people and is, in my opinion, a global city that is looked at for leadership throughout the world, I think that we City of Miami Page 171 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 should call out manufacturers that sell to retailers when they know -- it's kind of like the opioid crisis -- that 90 percent of the guns used in crimes are sold -- are supplied by just 5 percent of the dealers, and they oftentimes fall into the hands of irresponsible -- either gun sellers, sellers of guns, gun stores. And so, I think that there's more that can be done there to bring light to the fact that there are people that are irresponsibly selling guns. And I think the third thing is we have to use technolo,U. One of the things that we've done to get our homicide rate down 35 percent over the last year -- certainly, we've increased the number of officers, and that's been important -- the Chair passionately advocated for a poverty initiative, and I think that's been a big part of the solution -- but it also had to do with adoption of technology, and this Commission agreed to an expansion of ShotSpotter, but -- and I think that's been helpful -- but there's no reason why we should not have smart guns. Right now, all of you here have a cellphone. Everyone here has a cellphone, including myself. But I can't look at your cell phones. Your cell phones are your cell phones. But if there's a gun, anybody can use that gun. And so, I have a -- I don't have a gun, but I have a son. And if I had a gun, one of the biggest worries that I would have is my son or my daughter. And so, there's no reason why, if a person buys a gun, someone else should have the ability to use that gun; particularly without permission. And so, I think if we just -- if we put pressure on these gun manufacturers to innovate and create weapons that cannot be used by anyone, then that gun could have been locked by the parent, and the child may not have had the ability, the access to use that gun, and that's something that I think is very easily, readily techno -- you know -- available technology, just like an optical scan is available technology. You know, it could be a fingerprint, a trigger fingerprint; anything like that that would limit the amount of people that could use a gun by the owner, by the way. And by the way, these came from a blue ribbon panel of other elected officials throughout the United States and other members of the community that are experts on this issue. So I would add those three components, however you want to do it. I could just do it with my resolution, standing alone, or however you want to do it, Mr. Chair. Commissioner Reyes: Mr. Chairman. Chair Hardemon: Well, we have the resolution that you listed. Mayor Suarez: Very good. Chair Hardemon: We have a copy of them. What I'd like to do now is open up the floor for public comment -- Commissioner Reyes: Can --? Chair Hardemon: -- to allow the public to speak on any of the items that are on the agenda. I want to give the chance for the public to speak. Commissioner Reyes: No, but I want to address what just the resolution of -- okay. Chair Hardemon: But -- we're going to address the resolution, but -- Commissioner Reyes: Okay. Chair Hardemon: -- let's get -- Commissioner Reyes: Because the only thing that I wanted to add to your resolution, if I may, that we should increase the age of a person buying a rifle -- Mayor Suarez: Absolutely. City of Miami Page 172 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Reyes: -- from 18 to 21, unless they are accompanied with the parents, and the parents are responsible, you see. Mayor Suarez: And I would just say -- you may not even -- Commissioner Reyes: That's the only thing that I want to do. Mayor Suarez: -- have to go there, because in 2008, the City banned -- you know, the City Commission advocated for -- to reinstitute the ban on assault weapons, so I think that takes care of that. I mean, if you can't buy an assault weapon, you certainly can't buy it at 18, at 19, at 20, at 21. Commissioner Reyes: I agree with that but -- Mayor Suarez: So -- Commissioner Reyes: -- just for -- Mayor Suarez: Okay. Chair Hardemon: You said -- Mayor Suarez: I leave that to your discretion. Chair Hardemon: --you -- Mayor Suarez: I'm fine with that, though, absolutely. Chair Hardemon: -- can't -- in the City of Miami, you can't buy an assault rifle? Vice Chair Russell: No. Urged. Mayor Suarez: What I'm saying is that -- Vice Chair Russell: He said, "we urged in 2008. " Chair Hardemon: Oh, oh. Mayor Suarez: -- the City Commission -- the assault weapons ban expired in 2004. The City Commission in 2008 voted to reinstitute to -- a resolution -- Vice Chair Russell: Urging. Mayor Suarez: -- requesting or urging a reinstitution. So, obviously, if we're -- if we, as a body, as a government have already said, "We don't think anybody should buy a high-powered weapon of that kind, " then I don't think you need to get into whether an 18 or 19 year old could buy it. We've already spoken on that issue; that no one can buy it. So that's just my recommendation. City of Miami Page 173 Printed on 03130/2018 City Commission Meeting Minutes February 22, 2018 NA.2 RESOLUTION 3735 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER TO DIRECT THE CITY OF MIAMI'S Commissioners and LEGISLATIVE TEAM IN TALLAHASSEE TO MAKE THEMSELVES Mayor AVAILABLE TO PROVIDE GUIDANCE TO THE STUDENTS AND FAMILY MEMBERS OF MARJORY STONEMAN DOUGLAS HIGH SCHOOL TRAVELING TO THE STATE CAPITOL TO MEET WITH LEGISLATORS URGING THEM TO PASS GUN CONTROL, SCHOOL SAFETY, AND MENTAL MEASURES IN THE REMAINING WEEKS OF THE ANNUAL LEGISLATIVE SESSION; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROVIDE LEGAL SUPPORT, AT THE DISCRETION OF THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0079 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: All right. What I'll do now is -- We had a number of pocket items that were being presented. For instance, I have three of them that are in my hand; one is File Number 3735, which is the resolution directing the City Manager's legislative team in Tallahassee to make themselves available to provide guidance to the students and family members of the high school, so you have that one. I have 3734, which is a resolution of the Miami City Commission, urging the United States Congress to pass a -- or prohibit the manufacture, sale and possession of bump stocks. And then, I also have in my possession 3733, which is a resolution of the Miami City Commission directing the City Manager to review the minimum fire safety standards provided. Of these three, I can imagine that we could all agree to, so I will entertain a motion to approve these three resolutions. Vice Chair Russell: I'll move it. Commissioner Carollo: Move. Chair Hardemon: It's been properly moved; seconded by Commissioner Carollo. And any further discussion on it? I don't see any so -- Todd B. Hannon (City Clerk): I'm sorry, Chair. Just make sure that I'm clear. So it's going to be -- the motion is on File Number 3733, 3735, and 3734. Chair Hardemon: That is correct. Mr. Hannon: And those are the only ones. Vice Chair Russell: And there was -- Mr. Hannon: Understood. Vice Chair Russell: I missed it. 3735, as written, needed just two amendments: To add the words, "and City Attorney," after "City Manager," and to add the words, "and legal team in Miami, " after "Tallahassee. " City of Miami Page 174 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Chair Hardemon: Okay. Mayor Francis Suarez: So as amended, with respect to that particular one. Chair Hardemon: Right. We already moved it and seconded, but it's not going to cost its any dollars. This is the team that we already have. They're just -- Vice Chair Russell: Correct. Chair Hardemon: -- lending their expertise. Okay. Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. NA.3 RESOLUTION 3733 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVIEW THE MINIMUM FIRESAFETY Commissioners and STANDARDS PROVIDED FOR BY THE FLORIDA FIRE Mayor PREVENTION CODE FOR PUBLIC BUILDINGS IN THE CITY OF MIAMI AND RETURN TO THE CITY COMMISSION WITH A REPORT AND RECOMMENDATION AS TO WHETHER MORE STRINGENT FIRESAFETY STANDARDS SHOULD BE ADOPTED PURSUANT TO SECTION 633.208, FLORIDA STATUTES, ENTITLED "MINIMUM FIRESAFTY STANDARDS." ENACTMENT NUMBER: R-18-0075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item NA.3, please see Item NA.2. NAA RESOLUTION 3734 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS ("CONGRESS")TO PASS HOUSE Commissioners and OF REPRESENTATIVES BILL 3999 OR SIMILAR LEGISLATION Mayor TO PROHIBIT THE MANUFACTURE, SALE, AND POSSESSION OF "BUMP STOCKS" AND SIMILAR FIREARM COMPONENTS OR ACCESSORIES; FURTHER URGING CONGRESS AND THE FLORIDA LEGISLATURE TO PASS LEGISLATION THAT WOULD HOLD UNETHICAL GUN DEALERS ACCOUNTABLE; AND LASTLY URGING THE FEDERAL AND STATE GOVERNMENTS TO CONDUCT OR SPONSOR RESEARCH INTO "SMART" GUN SAFETY TECHNOLOGY; DIRECTING THE CITY MANAGER TO MAKE THE POLICIES STATED ABOVE LEGISLATIVE PRIORITIES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0076 Citv ofMian ni Page 175 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item NA.4, please see Item NA.2. NA.5 RESOLUTION 3739 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER TO DETERMINE THE ECONOMIC IMPACT Commissioners and OF A PILOT PROGRAM THAT PLACES CITY OF MIAMI POLICE Mayor OFFICERS AT ALL MIAMI-DADE COUNTY PUBLIC SCHOOLS LOCATED WITHIN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO FORMULATE AN IMPLEMENTATION PLAN WITH HIS FINDINGS TO BE PRESENTED BEFORE THE CITY COMMISSION AT THE CITY COMMISSION MEETING SCHEDULED ON MARCH 8, 2018. ENACTMENT NUMBER: R-18-0077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Ilardemon: And then what I'll do now -- there were some other ones (UNINTELLIGIBLE). Let me see. There was the motion by Commissioner Reyes to direct the City Manager to study the cost and plans to implement the resource officers to schools or some other better idea. So I'll take that as a motion. Commissioner Reyes: Yes. Chair Ilardemon: And the Chair will second that. And any further discussion on that motion? Seeing none, all in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Ilardemon: That motion carries. City of Miami Page 176 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 NA.6 RESOLUTION 3737 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, IN CONJUNCTION WITH THE Commissioners and SUPERINTENDENT OF MIAMI-DADE COUNTY PUBLIC Mayor SCHOOLS, ALBERTO CARVALHO, THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD"), AND THE MIAMI- DADE SCHOOLS POLICE DEPARTMENT, TO COLLABORATE EFFORTS AND AVAILABLE RESOURCES TO INCREASE THE SAFETY OF STUDENTS AND EMPLOYEES OF ALL PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI AGAINST GUN VIOLENCE INCIDENTS; FURTHER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH RECOMMENDATIONS TO ENTER INTO NEW AGREEMENTS AND/OR PROPOSE AMENDMENTS TO EXISTING MUTUAL AID AGREEMENTS BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD AND THE MIAMI-DADE PUBLIC SCHOOLS POLICE DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0078 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Vice Chair Russell: Mr. Chairman, does that include the volunteer reserve force, or is that strictly for -- I think he wanted it specifically for paid force; is that correct? Commissioner Reyes: Yes. Vice Chair Russell: Okay. Then I'd like a separate motion on the reserve force, just directing the Manager to -- Victoria Mendez (City Attorney): District 2 has 3733. Mayor Francis Suarez: Yeah. Chair Hardemon: We've already passed that. Vice Chair Russell: We already did that one. Mayor Suarez: It's in there. Chair Hardemon: We've already passed that. We passed 3733 -- Ms. Mendez: I'm sorry; 3737, which is his School Board one. A resolution of the Miami City Commission directing the City Manager, in conjunction with Superintendent Miami -Dade County Public Schools, Alberto Caballo [sic], on the School Board; and Miami -Dade Schools Police Department to collaborate efforts and available resources to increase the safety of students and employees of all public schools located in the City of Miami against gun violence incidents; further directing the City Manager to return to the City Commission with recommendations to enter into new agreements or proposed amendments to existing mutual aid agreements City of Miami Page 177 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 between the City of Miami and the School Board, and Miami -Dade County Police Department; further directing the City Clerk to transmit a copy of this resolution to officials stated herein. Chair Hardemon: I don't have a copy of that one in front of me so it got pulled. Ms. Mendez: It's pretty --it's -- Vice Chair Russell: Support the School Board. Ms. Mendez: Right. It's the one about police officers having to do with -- which was separate from -- Chair Hardemon: Commissioner Reyes. Ms. Mendez: --Commissioner Reyes'. Vice Chair Russell: Yeah, volunteers (UNINTELLIGIBLE). Commissioner Reyes: I want to make sure -- excuse me. I want to make sure that the one that I presented addresses the need of creating this force that are going to be in the -- Chair Hardemon: Yours is separate. Ms. Mendez: Right; yours is separate. Commissioner Reyes: Thankyou. Chair Hardemon: So -- Commissioner Reyes: Thankyou and -- Chair Hardemon: -- the second one, the one that you just read into the record is one that the Vice Chairman wants to present. Commissioner Reyes: Sure. Chair Hardemon: And particularly, it's for the School Board and the police, on the City of Miami Police to come together to see if there is any mutual aid agreement that can come and then -- but, of course, it'll come back before us to have discussion, right? Ms. Mendez: Correct. Chair Hardemon: Okay. So that's the motion made by the Vice Chairman? Vice Chair Russell: Yes. Chair Hardemon: The Chair will second that motion. All in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 178 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 NA.7 RESOLUTION 3736 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE ADOPTED FLORIDA LEGISLATURE TO REMOVE THE PREEMPTION ON Commissioners and LOCAL GOVERNMENTS REGARDING THE REGULATION OF Mayor FIREARMS AND AMMUNITION IN FLORIDA; FURTHER URGING Hardemon, Russell, Gort, Carollo, Reyes THE FLORIDA LEGISLATURE TO ALLOW LOCAL GOVERNMENTS THE AUTHORITY TO IMPOSE REGULATIONS THAT PROTECT THE HEALTH, SAFETY, AND WELFARE OF A MUNICIPALITY'S RESIDENTS WITH RESPECT TO ASSAULT WEAPONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0081 Victoria Mendez (City Attorney): And there's one more, I believe, that Vice Chairman Russell had that had to do with the urging of the lifting of the preemption ban, pursuant to Florida Statute 790.33. Chair Hardemon: Right. The Vice Chair -- I will consider -- you read it into the record as the Vice Chair's motion. The Chair will second that motion. Any further discussion on that motion? Mayor Francis Suarez: Add in there the fine. Chair Hardemon: All in favor of that, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That resolution passes. NA.8 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Victoria Mendez (City Attorney): And there's one more, I believe, that Vice Chairman Russell had that had to do with the urging of the lifting of the preemption ban, pursuant to Florida Statute 790.33. Chair Hardemon: Right. The Vice Chair -- I will consider -- you read it into the record as the Vice Chair's motion. The Chair will second that motion. Any further discussion on that motion? Mayor Francis Suarez: Add in there the fine. Chair Hardemon: All in favor of that, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That resolution passes. NA.8 RESOLUTION 3744 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO EXAMINE POTENTIAL IMPROVEMENTS Commissioners and OF DATA COLLECTION AND DATA SHARING PROCESSES Mayor BETWEEN THE CITY OF MIAMI AND LOCAL MUNICIPAL, COUNTY, STATE AND FEDERAL LAW ENFORCEMENT AGENCIES FOR THE PREVENTION OF GUN VIOLENCE. ENACTMENT NUMBER: R-18-0080 City of Miami Page 179 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: And -- Vice Chair Russell: There was one other regarding data collection analysis that Commissioner Gort had brought up. Chair Hardemon: Right. And I don't remember on the -- I wrote down, "data collection analysis, " but I don't remember if this (UNINTELLIGIBLE). Vice Chair Russell: We don't -- we haven't drafted that one yet. It was from -- Commissioner Gort's idea. If you'd like to -- Commissioner Gort: We need to -- somehow we have all the different agencies working on all these cases and all the problems that we have throughout the City -- health and Federal Government and so on -- somehow that communication has got to be put together so we can analyze it and really work on it, and prevent things to take place before (UNINTELLIGIBLE). Vice Chair Russell: I will co-sponsor that with Commissioner Gort. And it's a resolution directing the Manager -- and specifically, the Chief Innovation Officer -- to work together with the Police Force to create this data collection and moni -- and analysis system, and to then share that with other government agencies. Commissioner Gort: Homeland security; the whole works. Chair Hardemon: So for the record, Commissioner Gort is the mover of this motion; the Vice Chairman is the seconder. Any further discussion on the motion that's on the floor? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. And now we are at recess. Commissioner Gort: I need five. Vice Chair Russell: There is -- Chair Hardemon: It's 12 o'clock. Vice Chair Russell: We missed one item from the regular agenda. Chair Hardemon: Was it -- what's that? Well, RE.1 -- Vice Chair Russell: Children's Museum. Chair Hardemon: -- we're going to come back in the afternoon for it. But we're in recess until -- well, it's 3 o'clock, because I know there's a short meeting in between. Should it be 3; 3 or 2? Commissioner Gort: 3. City of Miami Page 180 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Vice Chair Russell: You all are going to do the Omni CRA (Community Redevelopment Agency) now? Chair Hardemon: Because if we're at 3, we're longer, so. Victoria Mendez (City Attorney): Chairman, I believe there's a CRA meeting. Chair Hardemon: Excuse me? Ms. Mendez: There's a CRA meeting now at noon? Chair Hardemon: Yes. Commissioner Carollo: How long do you anticipate the CRA meeting will go to? Vice Chair Russell: 20 minutes. Commissioner Carollo: 20 minutes? Vice Chair Russell: Maximum. Commissioner Carollo: All right. Then give us, if not 3, at least 2:30. Chair Hardemon: All right. I'll comprise. Vice Chair Russell: Compromise, compromise. Chair Hardemon: 2:30,2:30. Vice Chair Russell: Power lunch. Chair Hardemon: So we'll return at 2:30. Vice Chair Russell: We'll convene the CRA meeting in five minutes. City of Miami Page 181 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 NA.9 RESOLUTION 3747 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Raul Pozo (Term February 23, 2018 to February 22, 2019) Mary Lugo (Term March 10, 2018 to March 9, 2019) Jorge Suarez Menendez (Term June 9, 2018 to June 8, 2019) ENACTMENT NUMBER: R-18-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell NOMINATED BY: Commissioner Joe Carollo Commission -At -Large Commission -At -Large Chair Hardemon: We're going to close the morning agenda. We'll move on now to the PZ (Planning & Zoning) agenda. Commissioner Carollo: If I can, Mr. Chairman. Mr. Clerk, if you could pass this out. I got a quick pocket item that is time -sensitive for me, and it's for appointments that I have on the Bayfront Park Trust. I'd like to make a motion for these appointments to be approved. It's for Raul Pozo, Jorge Suarez -Menendez, and for Maria Lugo. Chair Hardemon: Are these replacing any persons that are on the board? Commissioner Carollo: Well, they're all replacements that will be on the board. The at -large are only there for a temporary time. Traditionally, it's been at the discretion of the chair there, and one is my own personal appointment. Chair Hardemon: AndMr. Clerk, I've made my appointments to the board, right -- Commissioner Carollo: Yes, yes. Chair Hardemon: -- my board appointment? Todd B. Hannon (City Clerk): Yes, sir. Chair Hardemon: No further appointments by me, correct? City of Miami Page 182 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Mr. Hannon: No, sir. Commissioner Carollo: And you got a fine appointment, by the way. Chair Hardemon: Thank you. Thank you. Commissioner Gort: Anything further? (UNINTELLIGIBLE). Chair Hardemon: Is -- well, you can make the motion. Commissioner Carollo: It's a motion. Chair Hardemon: It's been properly moved; seconded -- Commissioner Carollo: Second. Chair Hardemon: -- by Commissioner Reyes. Commissioner Gort: Question: How many we have at -large? Commissioner Carollo: There's a total of three at -large, but the other one is not due until, I believe, next year. Commissioner Gort: Because I wanted to propose someone, but I guess you already took care of those three. All right. Commissioner Carollo: I'd appreciate your support on this, Commissioner, since traditionally, that's been what's been done. Vice Chair Russell: I'm sorry. Traditionally, what's been done? That all of the at - larges would be at the discretion of the chair? Commissioner Carollo: That's what traditionally has been done on that board, and - Vice Chair Russell: I -- Commissioner Carollo: -- one of the -- two of the appointments are up. One is up; the other one will be up the following week. Vice Chair Russell: Oh, so it's not up yet, actually. Can we appoint at this point before they're up? Commissioner Carollo: Absolutely, because they -- whoever is appointed is not going to take place -- take over until that time. If we were to appoint afterwards, then I'm appointing after the term has expired, so I would have to wait even more to get the appointment. Chair Hardemon: Are there any -- is there any backup to the appointments, the at - large appointments, like a --? You know, typically, they have resumes they submit, and things of that nature. Mr. Hannon: Normally, for the Bayfront Park Management Trust, a resume hasn't been submitted for either the individual Commissioner or the at -large. City of Miami Page 183 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 Commissioner Carollo: All these people, I believe, were known, but I could happily give backgrounds into all of them. The appointment that I'm making is Raul Pozo. He has a insurance firm, White insurance firm that he's had for years in the City of Miami. He has been very active in our community -- him and his wife, Christina Pozo -- for years. His uncle was the last duly elected Democratic Mayor of Havana, Cuba. Jorge Suarez -Menendez is a prestigious medical surgeon in our community. I believe Mayor Regalado had him appointed as his medical doctor, advisor or -- I don't know what the correct title was. Victoria Mendez (City Attorney): Yes. He was a volunteer medical advisor for the Office of the Mayor. Commissioner Carollo: He's -- he lives, by the way, Commissioner, in your district. He lives on the north end by the water, but I guess most people in District 2 do live by the water, so -- Vice Chair Russell: This is Jorge Suarez? Commissioner Carollo: Yeah, Jorge Suarez -Menendez. He, like I said, was Mayor Regalado's appointment before. And Maria Lugo lives in Commissioner Reyes' district, District 4. She is a member of the General Employees Union. We also have at least one other City employee on that board that was named by my predecessor, my brother; that's the other appointment at -large, Commissioner Gort, that's up. Vice Chair Russell: So -- Mr. Chairman? Chair Hardemon: Please. Vice Chair Russell: I do like to respect tradition, and one that I do certainly respect is that the appointee of the Commission of a specific district. I would never try to challenge that. The at -large appointments, though, if the tradition doesn't exist within this Commission -- because I know we've done it in the past, to really sort of, you know, feel that all of us are comfortable with those at -large appointments and that there is a broad representation. I didn't realize that these were up for appointment right now, the at -larges. I would have proffered Nathan Kurland, for example, who I think has served on that board before and would be an excellent addition. I don't know if you're open to talking about this, because I think that's kind of the way the at -larges should work; not to say anything negative about the people you put forth, but maybe to put a few together that the board can decide on as a whole, because it's an "at -large" appointment, not the Chairman's appointment. Commissioner Carollo: I understand what you're saying, Commissioner, and I respectfully request that what's been done in the past would be done again. And there's a motion; there's a second. If we could call the question. And if you need any further information before that, I'll give it to you, but I'd like to move on with this. And I will abide by this same tradition with other boards, and the people are chairmen or people -- CRAs (Community Redevelopment Agencies) or anything else that we have. Vice Chair Russell: Can we take the vote separately? Because I -- Like I said, I certainly am in favor of your appointment; I would just like to see some more discussion. I would like to see who these folks are that we're -- Commissioner Carollo: I'd like to take it as one, as the resolution so states. Vice Chair Russell: I don't have -- I haven't seen a resume for the at -large appointments or -- I'm honestly not trying to be diftult, but I really do -- City of Miami Page 184 Printed on 03/30/2018 City Commission Meeting Minutes February 22, 2018 ADJOURNMENT Commissioner Carollo: Yeah, I understand. But as far as resumes for this board, I don't know if there's ever been any resumes that's been given on this board. There certainly weren't any resumes given when the people that had these at -large that are being replaced were approved by a majority when Frank Carollo named them and proffered them. Vice Chair Russell: Well, I -- you know, I don't want to make excuses. Like I said, because I haven't seen resume -- Honestly, I have someone I would like to have seen go in there, is what I guess I'm really getting at. Commissioner Carollo: I mean, the -- For instance, Mr. Menendez, you should know. He was very close in working with Mr. Regalado as his chairman of medicine. He also was with the International Trade Board; very active with the former Mayor. Maria Lugo, I think you know who she is. She's part of the General Employees in the City of Miami, a long-time City resident. She's in District 4. Mr. Suarez -Menendez is in your district, District 2. And Raul Pozo, I already went through some of his background. He's my direct appointment. Vice Chair Russell: And Mr. Clerk, when is the next opening on the at -large appointments? Mr. Hannon: Would be September 19, 2018. Commissioner Carollo: Mr. Chairman, can we call the question? Chair Hardemon: Is there any other discussion? Commissioner Reyes: No. I just wanted to ask a question. This at -large, they are not -- the term still -- they are being replaced, the additional at -large -- I mean, the actual at -large are going to be replaced? Mr. Hannon: Correct. One term will be expiring soon for the at -large. Another term will -- expiring in just the next couple of months. Commissioner Reyes: Okay. Commissioner Carollo: Okay. Call the question. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye. " Commissioner Carollo: Aye. Commissioner Gort: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Motion passes. Commissioner Carollo: Thank you. The meeting adjourned at 8: 27 p. m. City of Miami Page 185 Printed on 03/30/2018