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HomeMy WebLinkAboutCC 2018-03-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ON O p l z ilk �* Ir,C0RR 6RATFR I 96 L R ` �l Meeting Minutes Thursday, March 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 March 22, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 22nd day of March, 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 11:25 a.m., reconvened at 1:45 p.m., recessed at 1:48 p.m., reconvened at 3:27 p.m., and adjourned at 5:22 p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:28 a.m. and Chair Hardemon entered the Commission chambers at 1:45 p.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Welcome to the March 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; myself, Ken Russell, the Tice Chair; and Keon Hardemon, Chairman. Also on the dais are Emilio Gonzalez, Manager; T ictoria Mendez, the City Attorney; and Todd Hannon, City Clerk. The meeting will be opened with a prayer by James Jackson, followed by the pledge of allegiance, led by Commissioner Gort. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 3820 Honoree Presenter Protocol Item Bruce Carrington(St. Thomas Tennis Mayor Suarez Proclamation Coach) Philip Wang (Director General of the City Manager Proclamation Taipei Economic and Cultural Miami Office) City of Miami Fire Department ISO Regional Manager Presentation Michael Morash City of Miami Kevin Burns Plaque Irie Foundation Ocean Productions Presentation Check RESULT: PRESENTED 1) Mayor Suarez and Commissioners saluted and presented a proclamation to Mr. Bruce Carrington. Mr. Carrington currently serves as the Head Tennis Coach at St. City ofMiami Page I Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 Thomas University, where he leads his students and student -athletes to pursue a structured path to success and inspires them to achieve their goals. He has earned several awards including the 2017 Sun Conference Men's Tennis Coach of the Year, 2017 USPTA District Pro Coach of the Year, 2012 Environmental Stewardship Award, NAIA Champion of Character Award and ITA Florida Community Service Award. Elected Officials paused in their deliberations of governance to pay tribute to Mr. Carrington who uses his role to promote greater education, professional enhancement, and personal growth for countless students in our community; thereby proclaiming March 22, 2018 as `Bruce Carrington Day" in the City ofMiami. 2) Mayor Suarez and City Manager Emilio T. Gonzalez saluted and presented a proclamation to Mr. Philip Wang, Director General of the Taipei Economic and Cultural Office (TECO) in Miami. He has established himself as a unifying force for Taiwanese companies to network and forge productive relationships with members of our community. Under his leadership, Mr. Wang's off ce has been instrumental in creating commerce, expanding resources, and building lasting friendships to enhance the cultural and economic relationships between his region, including Florida and the Caribbean, and Taiwan. Elected Officials paused in their deliberations of governance to pay tribute to Mr. Wang who has shared his valuable political and cultural ties and has been a source of sustenance and support for those in need, locally, regionally, and beyond,- thereby proclaiming March 22, 2018 as " Philip Wang Day" in the City of Miami. 3) Mayor Suarez and City of Miami Fire Chief Joseph Zahralban presented the City of Miami Fire Department with an award from ISO (Insurance Service Office) Regional Manager, Mr. Michael Morash, and congratulated the department for retaining their Class I rating in their ability to provide fire protection services to the community. 4) City of Miami Chief Information Officer, Kevin Burns, presented the City with a plaque from the Technology and Entrepreneurship Center at Harvard Universityfor the City's recognition in excellence and innovation in technology, resilience and sea level rise. 5) Mayor Suarez and Ocean Productions presented a check to the Irie Foundation for the Retrogala 2017 event and commended DJ Irie for his leadership and contribution to the community in the City ofMiami. Vice Chair Russell: We'll now make the presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Jan 25, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon b ice Chair Russell: If I could go back for a second and get a motion to approve the minutes ofJanuary 25, 2018, please. Is there a motion? City ofMiami Page 2 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Gort: Move it. Commissioner Carollo: What item is that? b Ice Chair Russell: This is the minutes of last meeting. Commissioner Carollo: Okay. lice Chair Russell: January 25. Commissioner Carollo: But do we have an item for that here? Lice Chair Russell: It is. And I actually got ahead of myself. I should have approved the minutes prior to the consent agenda. So there's a motion from Commissioner Gort. Is there a second? Commissioner Carollo: Second. Lice Chair Russell: Any questions or comments on the minutes? All in favor, say aye. rr The Commission (Collectively): Aye. b ice Chair Russell: Any opposed? Motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter ofMiami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) ORDER OF THE DAY I ice Chair Russell: Mr. City Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): No, sir, there are no mayoral vetoes. END OF MAYORAL VETOES Vice Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. bictoria Mendez (City Attorney): Thank you. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Oce or online on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required in the City Code in writing. A copy of the Code section is available in the City Clerk's Oce or online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours at the City Clerk's Oce and online 24 hours a day City ofMiami Page 3 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 at wwwmiamigov.com [sic]. Any person making -- 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. The Chairman will advise the public when the public has 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 are 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 Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have 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 either withdrawn, deferred, or substituted. Thank you. b Ice Chair Russell: Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Tice Chairman, Commissioners, Madam Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: CA. 2, defer to April 12; SR. 1, defer to April 12; RE. 1, withdrawn; RE. 3, defer to April 12; and DI.1, defer to April 26. Commissioner Carollo: Could you repeat all those again, please? Mr. Gonzalez: Yes, sir. CA.2, defer to April 12; SR.1, defer to April 12; RE.1, withdrawn; RE.3, defer to April 12; and DI.1, defer to April 26 ['ice Chair Russell: Thank you, Mr. Manager. Do any Commissioners wish to have any items removed from the Consent Agenda or the regular agenda or deferrals for the morning? Commissioner Carollo: If you could give us another minute on the Consent Agenda? Vice Chair Russell: Of course. We're looking for any deferrals or continuances. Commissioner Carollo: If I could pull CA.4 out for discussion. CA.4. bice Chair Russell: Yes, sir. Mr. Gonzalez: I'm sorry, sir. Did you say CA.4 and another one or. just that one? Vice Chair Russell: He's still -- Commissioner Carollo: That one now; I said for discussion. City ofMiami Page 4 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Vice Chair Russell: That one's just going to be pulled from the Consent Agenda. Commissioner Carollo: Yes. Mr. Gonzalez: I'ery good. Commissioner Carollo: We'll handle it right afterwards. Mr. Gonzalez: Yes, sir. Commissioner Gort: CA. 4, and which other one? Commissioner Carollo: That's all on the ConsentAgenda. Vice Chair Russell: We're also taking any deferrals or continuances for the morning's agenda; any of the PH (Public Hearing), SRs (Second Readings), FRs (First Readings), REs (Resolutions). Ms. Mendez: Chairman, I believe that a request was made on PZ.13. I know it's an afternoon agenda, but I believe the attorney had sent an email, and he's present, and wanted to request that continuance at this time so that -- and he represents the appellant, correct? Lowell Kuvin: Yes. Good morning. I represent the appellants on PZ (Planning & Zoning) -- Item PZ. 13. I did speak with opposing counsel, or the developer, in this; they did not want to defer this. However, we are asking that it be deferred, solely for the reason -- not for delay, but because one of the appellants, as well as the president of the Palm Grove Homeowners Association, is out of the country right now, and he has -- would like to testify. Ms. Mendez: Right. L ice Chair Russell: Thank you Ms. Mendez: Chairman, I apologize. I thought that it was an agreed continuance. If the attorneys for the other side are not here, then this can't be really heard at this time. So I apologize; I thought it was an agreed -- Vice Chair Russell: That,,; all right. Irregardless, it could not be heard this morning anyway, so it's -- Ms. Mendez: No, no. Right. It was just for a continuance Vice Chair Russell: We couldn't memorialize it until 2p.m. anyway, so we'll --but -- especially if'there's -- Normally, we'll just bring it up in the morning, if there is mutual agreement there, so that we can just let the public know not to be waiting all day. Mr. Kuvin: I did email him as well. I was hoping he would be here this morning so we could discuss it. Thank you very much for your -- ['ice Chair Russell: Not at all. Thank you. Are there any other items from the Commission that would like to be deferred or continued? Hearing none, Clerk, are you clear on which items have been requested by both Commission --? Oh, Commission have not requested any continuances, deferrals; simply, an item pulled from the Consent Agenda. Is there a motion to accept the Management's --? Commissioner Gort: Move it. City ofMiami Page 5 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Vice Chair Russell: It's heen moved. Commissioner Carollo: A motion for the Consent Agenda. i ice Chair Russell: No. This is a motion to accept the deferrals and continuances and withdrawals that were recommended by the Manager. Commissioner Carollo: Second. Vice Chair Russell: It's heen moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City ofMiami Page 6 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Vice Chair Russell: We will move on to public comment far the day. If there's anyone here who wishes to speak on any of this morning's items -- none of the PZ (Planning & Zoning) items, which will he after 2 o'clock -- but if there's anyone here who would like to speak on any of the Consent Agenda, PH (Public Hearing), Second Reading, First Reading, Resolutions, or Ordinances [sic], now is the time. You can come up to either lectern, please. Each person will be given two minutes. Feel free to state your name and the item you're speaking on. Maggie Fernandez: Can I start? Lice Chair Russell: You may, please. Ms. Fernandez: Okay, great. Good morning. I'm. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. Thank you so much for the opportunity. I am here to speak on the Citizens Oversight Board, which is item -- I don't know the number right now. Anyways, I'm a resident and a business owner. Vice Chair Russell: That's SR. 2. Ms. Fernandez: Thank vou. I'm a Miami resident and business owner. I also serve on the Miami Climate Alliance Steering Committee as its chair. The Miami Climate Alliance is a group of 70 organizations and hundreds of individuals who are interested in people -centered solutions to climate change. I've sat in this Commission chambers before, when I've heard the Commission discuss, "How do we get citizens and residents more involved in what we are doing here in government? " Well, I'm happy to say that through the Miami Climate Alliance and through its working group -- resilient Miami working group -- we have done just that. And since December, we have been meeting; weekly calls. It started with 12 people; it's gone up to 75. And the working group was interested in making sure that the Citizens Oversight Board for the Miami Forever Bond Program was inclusive and diverse and fair in its composition. We've met 12 times. We've held one community meeting. We've sent letters, which you have received. We've met with the Mayor. We've asked to meet with all Commissioners, and we want to thank Commission Gort, Russell, and Reyes for offering -- for giving us that opportunity and far listening to us. It's really been a true and democratic process. So at this point, you've already read our recommendations for how we would like to see the board composed, and we just want to thank you for listening to us and for agreeing to a lot of what we were recommending, too. So thank you very much. Vice Chair Russell: Thankyou. Mr. Bibeau. Brett Bibeau: Thank you. Good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street; here to distribute a letter from Chairman Horacio Stuart Aguirre. During a public meeting held on October 2, 2017, the Miami River Commission considered an application to amend zoning and land use at 1515, 1529, and 1543 Northwest South River Drive, which are today's Items PZ.5 and 6. The Miami River Commission, by a vote of 9-1, recommended approval of the proposed development, with the following four conditions, which are listed in the letter that is being distributed. Since that time, the applicant, thankfully, recently provided the attached revised voluntary covenant, which positively addresses the overwhelming majority of the Miami River Commission's recommended conditions, and the covenant is also attached to the distributed letter. Your time and continued strong support for the Miami River District are appreciated. And if I may take this opportunity to cordially invite City ofMiami Page 7 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 everyone to the free 22nd Annual Miami River Day, April 7, in Lummus Park, co- sponsored by the City ofMiami -- thankyou very much -- free boat rides, live music, environmental education, historic reenactors, children activities; 1 to 6, Lummus Park, Saturday, April 7; everyone's cordially invited. Thankyou. b ice Chair Russell: Thank you. Those were comments for -- some of those comments were for the PZ (Planning & Zoning) agenda for this afternoon. If you could just have his letter entered into the record in the afternoon, that should suffice. Mr. Bibeau: Thankyou. I apologize -- b ice Chair Russell: Thank you for your comments. Mr. Bibeau: --for having to get it in this morning. Vice Chair Russell: Not at all. Mr. Bibeau: I have baseball practice with my nine-year-old this afternoon. Lice Chair Russell: Good luck. Mr. Bibeau: Thankyou. Commissioner Gort: You got to take care of that. bice Chair Russell: Please. Gustavo Perez: Good morning. My name is Gustavo Perez, and I live at 4725 Northwest 7th Street, Apartment 202, in District 1. I am here to comment on SR.2, the Miami Forever Bond Oversight Board. As stated during public comments for the first reading, the board must be composed of residents, since we know the potholes, the back roads. We're all too well aware of the needs of our neighborhoods. I am not an engineer, but I can tell you which streets get flooded during times of heavy rain. Folks that live in these impacted communities deal with this every day, whether we like it or not. Second, it is paramount that no one on the board will benefit directly or indirectly from projects funded by bond dollars. This is not only good policy, but good politics as well. This bond is a unique opportunity to invest in vulnerable communities, so I believe that having strong language and conflict of interest will benefit everyone [sic]. Third, the board must be representative of each district. I have had communications with Commissioner Gort's office for a placement on the board, so I urge the rest of the Commissioners to appoint people who are known community advocates. Last, I support Commissioner Carollo's request to expand the board to nine members. I thank you for your time and for letting me speak today. bice Chair Russell: Thankyou. Eleazar Melendez: Good morning, Commissioners. My name is Eleazar Melendez, resident of 555 Northeast 15th Street, in the City of Miami, and I am here as a member --founding member of the Miami Climate Alliance to speak about FR.1. I wanted to echo Maggie's comments, and thank you. This has been a really great and learning process, where you've taken us seriously and really have taken the residents, and the fact that we want this to be a community -driven process, and we want input and pride. This is something that is your legacy. It's our City's legacy, what these projects are going to be. And we're going to be -- it's going to be awesome projects that we're all going to be proud of.' We hope to continue to work with you, now that this board is established, to really do that outreach to the community, to really bring people in into the things that are important to them, and keep an eye out on these things for the future. I want to thank [ice Chairman City ofMiami Page 8 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Russell, Commissioner Gort, and Commissioner Reyes, who really brought us in and talked to us, as well as the Mayor, who has been an advocate for this from the very beginning. We hope to be able to thank the other Commissioners in a future meeting for bringing us in and taking our suggestions on this. I think that this legislation is pretty good. I would still hold out for maybe a little bit more of a stronger limit on some of the conflict of interests, including lobbyists, because I think that this Commission has done very good work and set up very important rules in the past about that, but I leave that to your discretion. Thanks again, and let's get to work. This is going to be great. L ice Chair Russell: Thankyou. David McDougal: My name is David McDougal, and I live at 4231 Northwest 11th Place, Miami 33127. I'm also with the Miami Climate Alliance. I want to extend a big "thank you -for reading our many letters for -- to all of you for taking the time to meet with us these past many weeks. As has been said, we're a group of residents that are committed to engaging our government. We love Miami and its residents. We fought really hard to make sure that this bond made it to ballot, and then we drove turnout across the City to make sure that it passed. It's so important that we begin to address this massive issue of sea level rise and flooding. And with that said, our love for Miami, our love for its residents, we thank you for adding diversity as a requirement for this oversight board. And then, also, given that it's $400 million of' our tax money, we want to really extend and increase, make stronger language to ensure that there's no one who would actually benefit directly from those funds that serves on this board. We also -- given the nature of the size of this issue and how important it is to get it right, we want to make sure that residents are actually permanent residents who live in this City. It's super crucial that they live and work and know what's going on, the day-to-day, at the ground level and can help drive decision-making towards communities. We also want to make sure that not just one person represents community advocacy, but that all of the people that serve on this board really have a great ability to assess the risks faced by communities and can advocate for them. Thankyou so much for your time. Vice Chair Russell: Thankyou. Kailani Acosta: Hi. My name is Kailani Acosta, 234 Northeast 3rd Street, Miami, Florida. I'm also here as part of the Miami Climate Alliance. I'm here to speak on Item SR.2. I'm asking you to ensure that the Citi, of Miami Forever Bond Citizens Oversight Board is diverse, effective, and representative of Miami. Miami citizens are important stakeholders and should be included in all of the bond processes. This would include diversity in race, gender, economic status, and education. Furthermore, it should be restricted to the citizens who live in Miami. Those who work here, but do not live here, should not be able to decide its future. These residents have the capacity to elevate vulnerable voices in Miami that will be affected first and worst by climate change. Thankyou. ['ice Chair Russell: Thankyou. Zelalem Adefris: Hi. Good morning. Pin Zelalem Adefris. I'm here representing Catalyst Miami, as well as the Miami Climate Alliance. In October we really pushed to educate community members about the Miami Forever Bond, and we did this because I believe that this is the first of public billions of dollars that City of Miami will see in adaptation to climate change, given that this region has almost $4 trillion in assets that risk the sea level rise. So, because I think this is setting a precedent, we need to do a really amazing job at this first batch of projects. So, for all the reasons my colleague said -- and I just want to really weigh in on requesting that you add language in the section about experience around community advocacy. I think that there's dijftrent types of experience, and that's one type that maybe you don't have a Ph.D (Doctor of Philosophy) or a Master's, but it's fust so valuable in City ofMiami Page 9 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 order to do good projects and ones that are going to maximize benefits to the community. I also wanted to invite you guys -- we have another community town hall. Last time we had like 40 residents come and just brainstorm about our aspirations for this bond and the projects that come from it. So that will be March 29. It'll be at our office, at Catalyst Miami, at 5:30 p.m. And we have flyers I can share with y'all. We'd love to see you there, everyone. b ice Chair Russell: Thankyou. Mayra Cruz: Hi. My name is Mayra Cruz. My address is 51 Southwest 11th Street. I'm also here to talk about SR.2, on behalf of the Miami Climate Alliance and Catalyst Miami. First of all, I want to thank you for listening to us over the last meeting that we had and adding diversity language to the ordinance. I also want to re-emphasize everything that's been said before. I totally agree with my colleagues on these issues, on the representation of all populations. I also agree with Kilani that we should include language around community advocacy. In the short amount of ' time that I've been working and living here in Miami, I've seen a lot of great members of the community care about so many issues and really knowing what the problems are on the ground. And so, I think it's very valuable to include those perspectives on the board in making sure that we are really addressing the needs of the most vulnerable in Miami. And also, I wanted to invite you to increase the number of board appointees from seven to nine, in order to ensure there's more opportunities for inclusion and diversity. This will allow for better representation of different communities and to have more voices at the table, which I think is the point of having this board in the first place. And I just want to leave you with this thought: We cannot be resilient if we are not all benefitting from this opportunity. And by having this board and having it be representative of all these communities that are vulnerable, then we can actually meet that goal of being a resilient Miami. Thank you. Vice Chair Russell: Thank you. And if'I could fust take a second. It'll be a little while before voting on this and making any of the amendments, but I just wanted to congratulate and thank, you know, the Miami Climate Alliance and Catalyst for really taking such an advocacy role in the bond. Getting it passed was no easy feat, and it's something the City, as a whole, should be proud of but it's only half the fight. We got to now get it right. And I really thank you for working with all of us and the community, andllookforward to a good process. Thankyou. Melissa. Melissa Tapanes-Llahues: Good morning. Melissa Tapanes-Llahues, law offices at 200 South Biscayne Boulevard, Miami. I'm here to speak about FR. 4. This is the legislation pertaining to Transfer of Development Rights and Transfer of Density Rights, and my comment is simply to make it right, which is a very important comment. I represent numerous property owners -- and I've registered as such -- on Biscayne Boulevard within the MiMo (Miami Modern) Historic District. We have been following this ordinance and are, overall, very supportive of the ordinance. The comment that I want to make today has to do with making this ordinance right so that it works; specifically, the current ordinance draft provides that the value of TDRs (Transfer Development Rights) and TDDs (Transfer Development Densities) will be tied to the actual building permit value or the value of the construction cost and actual contract. We understand the policy decisions for that. My comment is simply, what happens to properties that have already received building permits, are under construction today? And there's been -- this process has been ongoing for a number of years. And there's no provisions for actual projects that have already been completed or currently under construction, so what happens to those existing TDR and TDD rights? As you all know, the purpose of this program is to provide property rights for those that have lost them. And if we add this additional requirement, it is only fair to actually have it tied to projects that are under construction today or have been completed in the last several years, for example. If not, the ordinance is forward-looking for new projects, but does not speak to projects City ofMiami Page 10 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 that have already been completed or are under construction today. My clients have several projects on Biscayne Boulevard in the process of construction today that would be impacted negatively. Vice Chair Russell: So you're asking for an amendment that would change the valuation process for existing structures? Is that what you're saying? Ms. Tapanes-Llahues: Jfhat I'm asking for is .for the -- The current draft is forward -thinking. What happens to projects under construction today or projects that have just been completed? If there is no building permit application being considered by the City of Miami or that's already -- or contract agreements, there -- what is the value? It has -- it's in the past. So there has to he some sort of'way to appraise the value of the work that is currently under construction or has already been completed, because that -- Vice Chair Russell: Got it. Ms. Tapanes-Llahues: -- new rule, it's only forward -thinking, which makes sense, and I understand the policy decisions, but there's no vesting or grandfathering for projects that have already been completed. If they -- Lice Chair Russell: All right. Ms. Tapanes-Llahues: -- don't move forward with a certificate of transfer today or before second reading, all their -- arguably, all their value is lost, and that is not the intent of the ordinance. It just needs to be correctly written for purposes of clarity. Vice Chair Russell: My office will be glad to work with you between first and second, ifyou have a recommended amendment, specifically. Ms. Tapanes-Llahues: Absolutely. Fite Chair Russell: Thankyou. Ms. Tapanes-Llahues: Thank you so much. Thank you. This is first reading, Item Number 4. Thankyou. Lice Chair Russell: FR. 4, Historic Preservation, Transfer of Development Density. Ms. Tapanes-Llahues: Thankyou. And it's just something that makes sense and will save the City from litigation in the future. F ice Chair Russell: Thankyou. Mr. Althabe, good morning. Andres Althabe: Good morning. Andres Althabe, 1900 North Bayshore Drive, Miami 33132. First, I would like to introduce Biscayne Neighborhoods Association. I'm the president of the association. We represent several thousand resident, companies, and other non-profit organizations. And I'm here to speak about the Miami Forever Bond and the Citizens Oversight Board. And I want to thank you all that participated and made possible the approval by the voters of this Miami Forever Board, especially Tice Chairman Ken Russell. You were very visible, supporting, and we really appreciate. We are concerned about the sea level rise, but we're also concerned about affordability of housing. When we think that the median annual income of Miami -Dade is 55,000, and in the Cite of Miami, it's only 35,000, the segment of the Miami Forever Bond dedicated to affordable housing has -- is a critical segment. As Biscayne Neighborhoods Association, we just want to offer our help and to allocate those resources, either by participating in the -- on the board or just working with the board and the Commissioner. Thankyou. City ofMiami Page 11 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Tice Chair Rnssell: Thant yon veil) much. Is there anv other public comment on anv of this morning's agenda, from the consent to the resolutions to the ordinances? Hearing none, I'll close the public comment. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon CAA RESOLUTION 3657 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY'S COLLEGE OF ARCHITECTURE AND THE ARTS COMMUNICATION DEPARTMENT ("FIU-CARTA") IN AN AMOUNT NOT TO EXCEED $100,950.00 FOR A PERIOD OF TWELVE (12) MONTHS FOR PARTICIPATION IN FIU-CARTA'S LEADERSHIP DEVELOPMENT TRAINING FOR THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0121 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.], please see "End of Consent Agenda" and Item ACI. Citi' of1lialni Page 12 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 CA.2 RESOLUTION -Item Pulled from Consent 3658 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE AYES: ATTACHED FORM, WITH CAMILLUS HOUSE, INC., A FLORIDA ABSENT: NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), TO ESTABLISH THE CITY OF MIAMI ("CITY") SHELTER PROGRAM INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE WITHIN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS EMERGENCY SHELTER FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS WITH TEN (10) BEDS BEING SET ASIDE AS OVERNIGHT (TWENTY-FOUR [24] HOUR STAY) BEDS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS, AND AT A TOTAL COST OF $460,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo, Reyes ABSENT: Hardemon Note for the Record. Item CA.2 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record: For minutes referencing Item CA.2, please see "Order of the Day" and Item ACI. CA.3 RESOLUTION 3676 A RESOLUTION OF THE MIAMI CITY COMMISSION City Manager's AUTHORIZING THE CITY MANAGER TO EXECUTE AN Office AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), AND THE CITY OF MIAMI ("CITY") FOR THE CAMILLUS HOUSE DAY SERVICES PROGRAM ("PROGRAM") DESIGNED TO PROVIDE MEANINGFUL AND ENGAGING ACTIVITIES FOR HOMELESS PROGRAM PARTICIPANTS AND TO PROVIDE SAID PARTICIPANTS WITH MAILBOXES AND IDENTIFICATION SERVICES TO ASSIST THEM IN RE-ESTABLISHING CORRESPONDENCE AND IDENTIFICATION, FOR A PERIOD OF ONE (1) YEAR AT A TOTAL COST OF $100,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. ENACTMENT NUMBER: R-18-0122 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda" and Item ACI. C'ih' of llianni Page 13 Printed on 05 07'2018 City Commission Meeting Minutes March 22, 2018 CA.4 RESOLUTION -Item Pulled from Consent 3682 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH MOVER: ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A Department of GRANT FROM THE OMNI REDEVELOPMENT DISTRICT Police COMMUNITY REDEVELOPMENT AGENCY IN AN AMOUNT NOT ABSENT: TO EXCEED $500,000.00 TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES WITHIN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0126 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For additional minutes referencing Item CA.4, please see "Order of the Day" and Item AC.1. Vice ChairRzrssell: C4.4, Commissioner Carollo. Commissioner Carollo: I need some clarification in this, so maybe von can provide it since you're the Chairman of the CRA (Community Redevelopment Agencv) Board. Vice Chair Russell: Just a moment. Is there something specific you'd like to know? Commissioner Carollo: _Vo, just general. fT hat is it exactly? Tice Chair Russell: Is there a representative of the Omni CRA here? We'll table this item then, because I would lite to have the Executive Director here to go through -- Commissioner Carollo: TT -ell -- Tice Chair Russell: l;hless -- Chief, unless you have something you'd like to mention about it. Commissioner Carollo: -- the Chief is here. Chief Jorge Colina (Police): If there's any questions that I can, you know, bring clarity. I don't know what the -- If there's a question that I can answer, Fin available, obviously. Commissioner Carollo: ii'ell -- Vice Chair Russell: Right. City of 1=limni Page 14 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: -- what I'm trying to ascertain, Chief, is what is the 500, 000 going to he used specifically for in police services? That's all. Chief Colina: So, typically, at least this year -- it's changed over the years, but going forward, that is $500,000. There's no match on the City side -- Commissioner Carollo: Right. Chief Colina: -- on the Police Department's side, and that is just to augment the police services in the CRA, traditionally, through overtime. So, ideally, you use the Officers that are already there, that are invested, that are familiar with the issues in the area, ideally. The commander of the area typically will identify where the need is and how many and the best time. And so, essentially, the simplest answer, Commissioner, is it's overtime to, you know, add additional police force resources. Commissioner Carollo: Okay. That's simple enough. L ice Chair Russell: Thank you very much. Commissioner Carollo: You could -- I'll put the motion to approve. Vice Chair Russell: Thank you. It's been moved. Commissioner Reyes, do you have a question? Commissioner Reyes: Yes, I have a question. As I understand this resolution, it is to increase the number of police officers in the CRA area? Chief Colina: It's not to -- it's -- the money is there to pay overtime to add additional officers where the need is. Commissioner Reyes: Additional? Chief Colina: Yes, on an overtime basis, not -- Commissioner Reyes: Okay. Chief Colina: -- additional bodies hired, but on an overtime basis. Commissioner Reyes: Additional officers with overtime, right? Chief Colina: Yes, sir. Commissioner Reyes: That is that the police presence in the area is going to be increased, right? Chief Colina: Yes. Commissioner Reyes: By how many police officers? Chief Colina: It depends on the officer that is being used, depending on the time, and how many officers you can -- For example, let's say the commander thinks that downtown would benefit from an additional officer on this day, during these hours, because of an event. So then, it would only be one on that day during those hours. On the weekend, it could be four or five. It just depends -- Commissioner Reyes: But this is -- Chief Colina: -- on the need. City ofMiami Page 15 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: -- only for the CRA Omni area, whatever it is. I mean, whatever TIF (Tax Increment Fund) comes from, or it's going to be for Overtown and everything that --? Chief Colina: This is specifically for the CRA -- Commissioner Reyes: CRA. Chief Colina: -- within the boundaries of the CRA, because they're the ones paying. Commissioner Reyes: Within the boundaries of the CRA. Chief Colina: Yes, sir. Commissioner Reyes: How many police officers are assigned to that boundary of the CRA? Chief Colina: Through the CRA money or --? Commissioner Reyes: Oh, no, no; through general fund. Chief Colina: I'd have to look at what the minimal staffing is. That's really two -- that covers two different NET (Neighborhood Enhancement Team) areas. It's not one NET area. There's -- part of downtown is covered within that CRA. There's a small portion of Overtown that's covered in that CRA boundary. So it would just depend on the date and the time. I can break it down for you and deliver something. Commissioner Reyes: Sure. I would like to know that. Because what I'm driving at is that because of the CRA, then because the additional funds that they receive, they - - it's a disproportionate number of police officers per region for areas, you see, in the south side and right here in Silver Bluff, Shenandoah and all that. I think we have about four or five police officers assigned for that area, you see. And I would like to know if it will be possible -- and that is something that we have to talk with the Commission -- I mean, also with the Budget Department, you see; that we can use more of those CRA funds to police the Omni area and free some of those other Officers and come and patrol Liberty City, Overtown, and all of those areas, you see, and we have more police presence there. Because the benefit of the CRA -- of the TIF money -- is going totally -- and it should be -- but also, is tying some money that could be used in other areas. BarnabyMin (Deputy CityAttorney): Commissioner -- Chief Colina: I understand. I'm -- but just so we're clear, this is to add additional -- In other words, they're paying for extra officers, just like a club could hire an officer to be in front -- Commissioner Reyes: Yes, sir. Chief Colina: -- that doesn't mean that we're going to take an officer out of the area Commissioner Reyes: Yes, sir. And I know that comes from TIF money, tax increment financing, and I know where the money comes from, and I know that they have officers that come from general fund. What I'm saying is that if they have -- they could add as many officers as they want over there, they're going to be very safe. But now, the people in Over -- in Little Havana and Flagami and all those other areas, they also deserve to be safe. Chief Colina: Of course. City ofMiami Page 16 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: Okay? And so, if maybe we can work something out that some of those officers that -- I mean, use that TIF money to patrol them, because that's -- I mean, that is legal -- and free up some of the police officers that are there into some other areas. That's the only thing that I'm just --and it's for analysis. It's not for anything else. t ice Chair Russell: Thank you, Commissioner. Mr. City Attorney, you had something to say? Mr. Min: I just wanted to clarify -- as the Chief was stating -- Chapter 163 authorizes TIF funds to be utilized for enhanced police services, but not to provide the basic police services that the municipality is responsible for. Commissioner Reyes: Oh, it's only for enhancing? Mr. Min: Only for enhancements. Commissioner Reyes: Oh, okay. Mr. Min: It's not for basic municipal services. Commissioner Reyes: Does that include enhancing only on the police force also or patrolling also? Mr. Min: It does not distinguish -- Commissioner Reyes: "Keeping and saving" is a matter of interpretation, sir. If you have police officers there, you very well could argue that those police officers that are being paid to be there, to be in that area, they are enhancing the -- I will say, development characteristics of the area, because that's what CRA are for. Mr. Min: Yes, sir, but Commissioner Reyes: You see. By providing additional -- by providing security, you see. I think you should talk to the Budget Director and see how we can do some finances. Mr. Min: Yes. I just wanted to clarify that -- Commissioner Reyes: Yes. Sir, thank you very much for the clarification. I do understand that. Okay. Christopher Rose (Director): Good morning. Chris Rose, Office of Management & Budget. To your question, Commissioner, the funds that the CRA provides can only be spent in the CRA -- Commissioner Reyes: Yes Mr. Rose: -- and can only supplant -- can only add to the service. We cannot take away the base services in there; that would be supplanting. And so, that's essentially what the assistant -- Deputy City Attorney was saying. But you can't take away the base service and add this. It has to be on top of. Commissioner Reves: Yeah, it's very nice to have a GRA. You know that? Very, very nice. All neighborhoods should have it, because we're short of police. I mean, we -- not just that we're short, but we will love to have more police officers in our neighborhood, okay. Thankyou. That's all. City ofMiami Page 17 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Rose: Thank you. ['ice Chair Russell: Thank you. There's been a motion; second by the Chair. Is there any further discussion on CA. 4? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. CA.5 RESOLUTION 3695 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO SECTION 54-58 OF THE CODE Public Works OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT NINE (9) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF- WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR HIGHWAY PURPOSES; FURTHER APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-18-0123 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA. 5, please see "End of Consent Agenda. " City ofMiami Page 18 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 3700 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Risk ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Management JUNE 26, 2017, PURSUANT TO REQUEST FOR PROPOSALS NO. 681390 FROM MARSH CLEARSIGHT LLC, A FOREIGN LIMITED LIABILITY COMPANY ("MARSH CLEARSIGHT"), TO PROVIDE A RISK MANAGEMENT INFORMATION SYSTEM ("SYSTEM") FOR THE DEPARTMENT OF RISK MANAGEMENT ("RISK"), FOR A PERIOD OF THREE (3) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END-USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY CONTRACTS, AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0124 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda. " C'ih' of llianni Page 19 Printed on O5'07'2018 City Commission Meeting Minutes March 22, 2018 CA.7 RESOLUTION 3791 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY Attorney FREDERICA BURDEN, RAYMOND CARVIL, RAYNARD GILBERT, AND WILLIE SMITH, WITHOUT ADMISSION OF LIABILITY, FIFTY THOUSAND DOLLARS ($50,000.00) EACH FOR A TOTAL AGGREGATE SUM OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY THEM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF GENERAL RELEASES OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-18-0125 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA. 7, please see "End of Consent Agenda. " END OF CONSENT AGENDA Vice Chair Russell: And we'll move to the Consent Agenda. Commissioner Carollo has asked to pull CA. 4. If there's no other discussion on any of the other items, I'll ask for a motion to approve CAs.1, 3, 4 [sic], 5, 6, and 7. Commissioner Gort: Move it. Victoria Mendez (City Attorney): 4 -- Vice-- b ice Chair Russell: It's heen -- Ms. Mendez: You mentioned 4, Chairman. Vice Chair Russell: I did. Ms. Mendez: You mentioned it in your motion. Vice Chair Russell: I'm sorry. 1, 3, 5, 6, and 7. It's heen -- Ms. Mendez: Thankyou. Vice Chair Russell: --moved by Commissioner Gort. Is there a second? Second by Commissioner Reyes. Any discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City ofMiami Page 20 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 City ofMiami Page 21 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PH - PUBLIC HEARINGS PHA RESOLUTION 3759 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN Management SUBSTANTIALLY THE ATTACHED FORM, TO BELLSOUTH TELECOMMUNICATIONS, LLC, D/B/A AT&T FLORIDA ("AT&T" ), A LIMITED LIABILITY COMPANY OF THE STATE OF GEORGIA, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TEN (10) FEET WIDE OF CITY -OWNED PROPERTY KNOWN AS CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, FOLIO NUMBER 01- 4122-002-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR AT&T TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION, FACILITIES, STAND-BY GENERATORS, AND ASSOCIATED FUEL SUPPLY SYSTEMS AS A MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, AND CONDUITS TO BE PLACED UNDERGROUND, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT, AS LONG AS ALL IMPROVEMENTS REMAIN UNDERGROUND, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-18-0120 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For additional minutes referencing Item PKI, please see Item AC.1. Tice Chair Russell: _1Ioving on to PH. 1. Daniel Rotenberg (Director): Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. PH.1 is a resolution for the City 1- Tanager to sign a grant of an easement to BellSouth, AT&T (American Telegraph & Telephone) at City Hall here. It's a perpetual, nonexclusive, with a reverter if the easement is abandoned or discontinued; 10 feet wide, about 315 feet long. It's to run lines from the existing Charthonse Drive, where they have an easement, to Pan American Drive, and the purpose is to make sure they have services. TTe're putting up -- or the MPA Oliani Parking Authority) is putting up the garage on the corner over here, and they need to be able to have an easement to run parallel to that. Commissioner Carollo: TT ith sea rising, are we making sure that they're bzliying them in the appropriate way so that, in a few years down the line, they're not damaged and become obsolete? City of 1=liani Page 22 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 Mr. Rotenberg: I'll make sure. We could add that in. Commissioner Carollo: And if -- Chair, I'll make the motion, but if I could ask another question -- b ice Chair Russell: Of course. Commissioner Carollo: -- for clarity, and it's really not related to this, but somewhat to -- What is the City policy reference Southern Bell, AT&T, in placing those boxes that they place where you got a lot of phone lines going to them on City right-of-way? In other words, in residential neighborhoods next to the sidewalk where people park, can they just put it anywhere they want to without getting (UNINTELLIGIBLE)? Mr. Rotenberg: I'm not sure. I'll have to ask -- Commissioner Carollo: Permitting? Mr. Rotenberg: -- Public Works. Vice Chair Russell: Juvenal Santana. Juvenal Santana: Good morning, Commissioner. Juvenal Santana, Public Works Director. As far as our policies that we have for -- and it's not just for AT&T,- Comcast T&T;Comcast also has communication cabinets. The -- prior to an issuance of a permit for a new location, there's a physical site visit that's conducted with our department, the utility company, the NET (Neighborhood Enhancement Team) Administrator for that area, to make sure it's viable. And once that's done, then we -- and it's approved -- then they go through a utility permit, and they proceed with the installation. As far as shielding, many of the cabinets are required to have landscaping around them to kind of hide them from plain site. Commissioner Carollo: And how is one side --? In other words, if you have a street that you have two sides -- Mr. Santana: Correct. Commissioner Carollo: -- like you do on most, how is one side used instead of the other? And is it done by them, by us? Mr. Santana: They always propose a location; they're subject to change. A lot of times, it may be where -- closest to where -- their existing facility. So sometimes there's also poles in the area, so they'll have to do a dropdown, and then do excavation work to bring that fiber or that hardwire into the cabinet. If it doesn't make sense where it's being proposed, that sometimes it's close to a driveway, we will inquire them to move it to the other side of the street. In addition, we try to have them place it at a property line so that not one property owner or the other is overburdened, so they kind of split the fact where that cabinet is placed. Commissioner Carollo: What is the time frame, usually, in the process for it to be approved and then for it to go on and be installed? Mr. Santana: Once it's been submitted, we usually schedule the site inspection within two weeks. Once that occurs and the site is approved, it'll probably take about another 30 days for the permit to be processed. We really don't control once that permit is issued, when AT&T, in this case, would install that cabinet, but usually, with all the fiber and the needs of the community going on right now, they're -- usually, within 90 days, they're in the ground. City ofMiami Page 23 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Okay. So, from our side in issuing the permit, what's the timetable, usually? Mr. Santana: For this installation, usually within 30 to 45 days that that -- Commissioner Carollo: For the City to issue the permit. Mr. Santana: That's correct. And, of course, this is contingent on the utility company that -- As part of the cabinet, they're required to send notification to the abutting property owners, letting them know that they're going to be installing this cabinet. So we require them to -- Commissioner Carollo: I -- that was going to be my next question, because in the one particular place that I've looked at, none was sent, and particularly, to the property owner that was going to be affected the most. Mr. Santana: Okay. Commissioner Carollo: When it did make sense why it was put there versus the other side, that there was no parking, really, on the other side. But beyond that, what is the policy of your department or the Administration of informing the district Commissioner when this is going to happen in a place before the fact -- not after -- that somebody complains? Mr. Santana: The -- as far as the permit being issued, we send it through -- as far as the NET Office, they go through Police for special events. Right now there is not a policy in place to notify the corresponding Commissioner's office. Commissioner Carollo: I hope the Manager is taking notes on that also. All right. Mr. Santana: Okay. Commissioner Carollo: Thank you. Mr. Santana: Sure. Vice Chair Russell: Thank you. There's been a motion. Is there a second on PH.1 ? Commissioner Gort: Second. I hada question. Lice Chair Russell: Yes, please. Commissioner Gort. Commissioner Gort: What is the benefit to the City ofMiami to have this --? Mr. Rotenberg: We get the garage built on the corner, the garage, MP (Miami Parking) garage construction. Commissioner Gort: That's for the new garage that's going to be taking place there, right? The new garage that's going to be built across the street? Mr. Rotenberg: Yes, that's correct. lice Chair Russell: Thank you very much. Are there any further questions on PH. 1 ? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. lice Chair Russell: Any opposed? Motion passes. City ofMiami Page 24 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 A01exa]aI1J 3ILei: INEI V10MCI City ofMiami Page 25 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 2889 TO BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon Note for the Record. Item SR.1 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record: For minates referencing Item SR.], please see "Order of the Day." SR.2 ORDINANCE Second 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," (1) TO AMEND DIVISION 2/SECTION 2-887(8) ENTITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY; QUORUM REQUIREMENTS," AND (2) BY ADDING A NEW DIVISION 24, CONSISTING OF SECTIONS 2-1338 THROUGH 2-1350, TO ESTABLISH THE "MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD" ("BOARD"); PROVIDING FOR A SUNSET DATE; SETTING FORTH THE PURPOSE, POWERS, AND DUTIES OF THE BOARD; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, AND OFFICERS; ESTABLISHING MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY, AND RULES OF PROCEDURE; ASSIGNING STAFF; REQUIRING ANNUAL REPORTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13752 Citi. of-Wianzi Page 26 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon. Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s)" and Item AC.1. ['ice Chair Russell: Mr. Mayor, would you like to say anything? Mayor Francis Suarez: Yes. Thank you, Mr. Chair. The next item on the agenda is SR.2, and it's establishing the Miami Forever Bond Oversight Program. We took this up on first reading and passed it on first reading. There were some slight amendments that were proffered by the Commission, and those amendments are included in this second reading. And so, you know, that includes increasing the number of members from seven to two being appointed by the City Commission as at -large members, which is what the Commission discussed at first reading. So we simply made the changes that the Commission requested, and we're here for second reading to institute the board and get it going so that we can continue on the progress of creating this bond initiative that the voters approved, and doing it in a responsible fashion with citizen oversight that I know some of our Commissioners have participated in before. Lice Chair Russell: Thank you, Mr. Mayor. We will take up Item SR.2. Commissioner Carollo: If I can discuss a couple of areas here. I was the one that brought up the fact that we probably should go from seven -- that we probably should go from seven to nine. Commissioner Gort: Yeah, I'm not the only one. I'm not the only one. Commissioner Carollo: You're not. bice Chair Russell: Can we get a -- is -- can IT (Information Technology) turn up? Commissioner Carollo speaks softly and carries a big stick, so he needs a little more volume. Commissioner Carollo: Remember the second one; not the first. But I thought it would be appropriate for nine for aboard of such importance. What I also do think is that policy is established by the elected body, and I think we need to be very clear in that division. The only ones that should be naming individuals to this board should be the elected officials. Five of us that are up here, we're giving discretion to the Mayor to also name someone, like each of us, and the rest of the positions should also be elected at large by this board. I don't feel that the Administration should have a say so, and anybody else, on this and into the future, whether it's this Manager or any other Manager. They're not the elected body in choosing. They're going to be part of the people coordinating with the board in different ways; probably providing personnel assistance that they need. So even that, they're getting to a gray area, so -- Mayor Suarez: Mr. Chair, may I? May I interject, Commissioner? Commissioner Carollo: Certainly. bice Chair Russell: Mr. Mayor. City ofMiami Page 27 Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 Mayor Suarez: I have absolutely no problem with that. I think what I would request, just based on the makeup and the fact that the Commission has two at -large members, plus each Commissioner has a member, it would be -- If that's your position -- which I have no problem with, I'm fine with it -- if l could have then two -- Commissioner Reyes: Yes. Mayor Suarez: --selections as Mayor? Commissioner Carollo: That's what I thought was happening already -- Mayor Suarez: Right. Commissioner Carollo: -- Mr. Mayor. Mayor Suarez: Right. Commissioner Carollo: That, in essence, you might be getting two through the Manager. Mayor Suarez: No. Commissioner Carollo: So I'm glad that we have it out in the open now. Mayor Suarez: Okay. Commissioner Reyes: I mean, that's fair, because when we had the Neighborhood (UNINTELLIGIBLE) Board, there were 15 members, and 5 were appointed by the Mayor -- Mayor Suarez: Right. Commissioner Reyes: -- at the time, you see. And two is about -- not quite -- well, but it's about 30 percent. Mayor Suarez: Proportion. Similar proportion. Commissioner Reyes: It's about a proposition. b ice Chair Russell: Pardon me just for a second, and this is just for the sake of the sanity of the Clerk. If we could just speak through the Chair so it's all one at a time. In that way, we'll make -- Commissioner Reyes: Okay, okay. bice Chair Russell: -- sure they can record every -- I see the smoke coming out of her fingers at the keyboard, so. Commissioner Reyes: Okay. I'm sorry. bice Chair Russell: Not at all. Of course. Commissioner Reyes: Of course, Mr. Chair. Through the Chair, okay, that means that we are agreeing on raising it -- it's raising the number to nine? Mayor Suarez: Correct. b ice Chair Russell: That's already -- that won't need a floor amendment, as that's already in this legislation, between first and second. City ofMiami Page 28 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mayor Suarez: If I may? b Ice Chair Russell: Yes. Commissioner Reyes: Okay. Mayor Suarez: If may, Mr. Chair? May I? Vice Chair Russell: Yes. Commissioner Reyes: Yes, sir. Mayor Suarez: Okay. What it would mean is deleting Section 2-1340(A)(3), which gives one nomination to the Manager, okay. That would be deleted. And instead, in Section 2-1340(A)(1), it would say, instead of one member nominated by the Mayor, it would say two members nominated by the Mayor. That's it. Commissioner Reyes: Okay. Lice Chair Russell: So -- Commissioner Reyes: I'm fine with that. Commissioner Carollo: Here -- ['ice Chair Russell: If we could get a motion on this item, then we can start any -- Commissioner Carollo: Here -- bice Chair Russell: -- appropriate amendments through that -- Commissioner Reyes: Move it. I ice Chair Russell: --mover or the maker. Commissioner Carollo: Here's the problem that I'm seeing. blce Chair Russell: There's been --just a moment, Commissioner Carollo. There's been a motion by Commissioner Reyes. Is there a second on the item? There's been a second by Commissioner Gort. And there is a proffered amendment from Commissioner Carollo, I'll assume, that had to do with changing the makeup of the two board -- the additional two board members. Commissioner Carollo: If each member of the Commission had two members to choose individually, I think, you know, I would concede to the Mayor's request, even though the Charter is very specific in what his duties are, and sometimes I'm seeing that they're getting a little mixed up also. He's not a voting member of the board. He can do certain things, but cannot get up here and debate. So by having two extra members, each member of this Commission is not going to be able to choose two individual members, while the Mayor is; at large, as a body, we are. Maybe all five Of us would be happy in the choice; maybe others don't. So I would suggest that if that's the route that we're going, we should then increase to two members to each member of the Commission and give the Mayor his two. You'll have an even number. Hopefully, that'll end up working out, but, if not, we could then bring it back and add a 13th member. So if we you want to go that route, then each member of the Commission should have exactly the same say that we're giving to the Mayor. And the Commission is doing that out of courtesy; not by anything that the Charter says that the executive branch is entitled to. And just like Congress and the Senate and City ofMiami Page 29 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 the President, I think we need to start being very careful here how we're mixing the duties of the different branches of government that we have, because I'm starting to see that in too many cases, it becoming like one, instead of the different responsibilities that each has under the Charter. If there needs to be any further clarification on this, I would even submit to the body that I'll present a substitute motion to table this so that we can try to work at it better and bring it back with the exact language, because I always worry -- and particularly when it's something so important as this, that it entitles not just $400 million that we'll be paying for the next 30 years, but dollars that truly have to be spent in the best way possible -- that we make changes so quickly, and we really haven't thought through them before they're made. And we're not really in a situation that this has got to be done today or yesterday or tomorrow. We'd like to do it quicker, because we want to establish it, but we're not going to be putting bonds out any time yet, and that's a whole different problem that we're going to be facing once we put those bonds out; that it's a discussion for another time, because the last two times this City has put bonds out, we've been called by the Securities and Exchange Commission for not having been truthful. In fact, sadly, we're the only city in the country, ever, in the history of the United States, that the Securities and Exchange Commission had to come down on the second time, and that we were brought through a trial, which we ended up losing for not being forthcoming and truthful when we issued bonds. So that really will be a different conversation for another time -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- to make sure that we don't go at it a third time. t Ice Chair Russell: Thank you, Commissioner Carollo. I'd like to discuss this a little bit more before we make a decision to table it, because I believe we can get to a final number and makeup in this moment without having a sunshine or whatever. If that's not the case, we can wait for another time. My personal inclination is to try to keep it nine or less. I really want it to be a tight group that can move pretty quickly without a lot of congestion. I see boards above nine people get to be a little bit unwieldy. If the concern is -- I also do want to give deference to the Mayor and give him a voice on the board, but if the concern is that his voice outweighs the voice of the Commission by having two votes, I'd rather reduce that than increase the number of Commissioner votes so that, you know, it goes to 13 or -- I also believe we should have an odd number. So my recommendation would be one from each of the Commissioners, and then either one from the Mayor and two at large -- I'm sorry -- one from the Mayor and three at large or two from the Mayor and two at large; that way, we are at nine. We have two at -large seats to decide amongst each of us. Each Of us also has our proffer, and then the Mayor has his one or two. So we could do it that way. Commissioner Carollo: Commissioner, I would be willing to accept any of those configurations, as long as the Mayor has his one vote; the rest belong to this body. We are the ones that, under the Charter, are empowered with voting. We've given one, out of courtesy; I don't believe we should give a second one. In fact, if you want to go back to the original seven, each of us will have one, the Mayor would have one, and then this Commission could do one at large. I will also accept that; or that the remaining three, we do at large; or, if you want, leaving it at eight, we do two at large. But I think beyond giving the Mayor one is starting to set the kind of policy that instead of having two different parts of government, like the Charter intended it to be, we're starting to become one; not an executive branch and a Commission. Lice Chair Russell: Commissioner Gort. Commissioner Reyes: Yes, sir. City ofMiami Page 30 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Gort: First, I got a question. I imagine the Administration's working already on a program that's going to be established that's got to go in front of the board that's selected, so they can look at it. I would like to see some professionals being part of the board, because I want to make sure, whatever presentation is made by the Administration can be collaborated [sic] by a professional that doesn't have any influence from the City or any (UNINTELLIGIBLE) program with the City or any conflict of interest. I think the Mayor represent the whole City. I think he should have the two, because he's got a responsibility to the whole City. We -- I want to make sure that we get diverse, like it's been stated before, from all the different neighborhoods that we get people. I already have my person in mind. He's a young man who has come in front of us, and he has talked to us, and I met with him, and he knows what he would like to see in his neighborhood, because a lot of times, we have surveys, and we have all kinds of message going around, but only hit certain neighborhoods. A lot of our neighborhoods, our residents don't get the ability to put their opinions into the decision-making. So I want to make sure we maintain the two for the Mayor. I'd like to make sure that we have some professionals, and to make sure that the programs -- or the projects that are presented in front of this board can be explained or can be argued by someone that knows what we're talking about. Mayor Suarez: Mr. Chair. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Commissioner Gort and then the Mayor. I mean -- sorry -- Commissioner Reyes and then the Mayor. Commissioner Reyes: I agree with Commissioner Gort. I think that we must -- First Of all, we have to determine the people that are nominated or are appointed are professionals, people that know about costs, people that know about bonds, and all of that. And also, I want them to be resident, but that's for another discussion. I think that increasing the number by experience, I'll tell you, to 13 will be -- I mean, it's -- I think it's very difficult. Being part of a 15 -board member is very difficult. I think that, first of all, we will -- we must determine the time that people are going to be appointed. If we determine the time that people that are going to be in -- appointed what --for what time they're going to be appointed -- for four years, three years, whatever it is, you see -- we can have each one of you -- of us appoint a member for that time, you see. Let's say, if it is for four years, four years, and the two at large be appointed for half the time, and they will be given to each -- the right to appoint be given to a Commission in alternative, you see. I will have one one year. When it gets -- Commissioner Carollo, Commissioner Russell, and all of that. So we have one that will be floating, and we'll -- at one time, we'll have two Commissioners in the board. You understand? I think that that could be -- And the Mayor will keep them two, but every -- and I mean, through the life of the board, a Commissioner -- every Commissioner, at one time, is going to have two appointees, you see, if we alternate it. Mayor Suarez: That's a good idea. Mr. Chair. Lice Chair Russell: So --Yes, Mr. Mayor. Mayor Suarez: Yeah. I just want to say -- stress two things. The first is that what we have before us is what was here on first reading, with the addition of the two at - large members, which is what the Commission requested. So we didn't change anything from first or second reading, other than what the Commission asked to be changed. So we did that in conformity with the Commission's desires. The second part is that, ultimately, the Commission is the one that decides. In other words, all these are about nominations. In other words, whatever the Mayor will do, it will be nominating for the Commission to decide whether or not they want to accept or reject the nominated person, but the power to make the decision lies completely and City ofMiami Page 31 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 squarely with the Commission to accept or to reject. The only function that the Mayor has is to nominate, and that's based on what Commissioner Gort said, which is sort of a -- being a citywide elected official, having an opportunity -- and, really, just substituting the Manager for the Mayor, based on Commissioner Carollo's concern, which he expressed, and I have no issue with. So, you know, we've made those changes based on, you know, concerns expressed, and I think, you know, it's time to sort of move on. Commissioner Carollo: Actually, Mr. Mayor, when we voted upon this on first reading, it was made clear in those minutes that, for the sake of moving it along, it was being voted upon based on making any other changes. Mayor Suarez: Of course. Commissioner Carollo: So that was made clear on that meeting when we voted upon that. Mayor Suarez: Sure. Yeah. Commissioner Carollo: Secondly, you are correct; the Commission makes the decision. But if we're deferring any appointments to you or to any member of this Commission, you know that, traditionally, it's next to impossible for this body not to give that courtesy to the elected official, whether it's a member of the Commission or whether it's the Mayor. But the one that truly has the ultimate say-so is you, because you have veto power, and that's why it becomes confusing when you're getting nominations, when you're coming and sponsoring bills, you're coming and speaking to us, but you're not bound by the sunshine law, and then you can speak to each of us. So that area is starting to get a little confused, and I just want to point it out. Mayor Suarez: Listen, I don't think there's anybody with -- respectfully, up here who has more issues with the constitutionality or the way that this government is structured than I do, and I've been very vocal about it. So -- I mean, I -- there are -- We could have a very long-winded conversation about the constitution and the Charter and how -- Commissioner Carollo: But that's my question, I guess, now that you brought it up. Mayor Suarez: Sure. Commissioner Carollo: When are we going to have that conversation? You -- Mayor Suarez: I'm willing to have it with you right now, Commissioner. Commissioner Carollo: Right after the campaign was finished -- Mayor Suarez: Yep. Commissioner Carollo: -- you said that was your main goal, and -- Mayor Suarez: I have many goals. Commissioner Carollo: -- you know, respectfully, I think we should know, as soon as we can, whatyour intentions are -- Mayor Suarez: I'll be more than happy to share with you. Commissioner Carollo: -- if you want to change -- or try to change the Constitution of the City to become a strong mayor. City ofMiami Page 32 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mayor Suarez: Yes. ['ice Chair Russell: If we could, gentlemen, we'll just keep to the item of the moment. Mayor Suarez: Thank you. lice Chair Russell: I understood from Commissioner Gort a potential amendment that would memorialize, basically, what the Mayor was talking about, where there would be five appointees by the Commission, two for the Mayor, and then two at - large, totaling nine. I'd like to recommend an amendment: That the members shall live or own property in the City. And what that would do would basically eliminate someone who only works here; that they would either have to be a resident of the City or have property in the City. They may not live here, but if they have property here. But someone who just comes in for work perhaps, shouldn't be someone who sits on a board that decides $400 million of expenditures of bond. And then I would like to add the phrase in Section 2-1340(B), the qualifications under 2, "Someone within community advocacy or community involvement as a City resident. " So those two things would broaden a little bit and tighten a little bit who could sit on the board. The expertise could be up to each Commissioner in their appointment. If they choose to want someone who is an expert, they could make that their nomination or the at -large nominee. But I would like to not have a requirement of expertise, because really, what I'm looking for in here is an oversight board, the conscience of the City. And I really -- I'm -- at least for my appointees, and hopefully the at large, they'll be -- they don't necessarily, for me, have to be an expert in the field, but that the Administration and those, but that's why we each have our own appointments. So with that suggestion and Commissioner Gort's amendment, would the mover accept those amendments? And that's Commissioner Reyes. Commissioner Carollo: Or -- lice Chair Russell: You have other amendments you'd like to offer? Commissioner Carollo: Well, I'd like to discuss your amendments before they accept it or not accept it. The one part that I truly feel must be a "must" is on this board particularly, whoever we appoint has to be a City resident. Commissioner Reyes: Yes. Commissioner Carollo: And not just to own property and live in Key Biscayne or Coral Gables orAventura orPinecrest; they have to be a City resident. Commissioner Reyes: I do agree with Commissioner Carollo. Mayor Suarez: I agree with that too. Commissioner Reyes: That it has to be a resident. Lice Chair Russell: Okay. That's a change from first then, because that -- Commissioner Reyes: Yes. bice Chair Russell: --part I wasn't changing, actually. Mayor Suarez: No. Commissioner Reyes: AV City ofMiami Page 33 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Tice Chair Russell: It already did say someone who works here or owns property or is a resident, but I would welcome that as well. Commissioner Reyes: And Mr. Chairman, if we are going to continue with this amount -- the same number, I would like for us to -- I mean, to consider having different times serving. Commissioner Carollo: I like that. I heard that and, you know -- Commissioner Reyes: See, different time serving so we can alternate, and each Commissioner at one point could nominate or appoint one of the at -large members for a certain period of time. That's going to sunset. And then somebody else can -- another Commissioner can use that appointment and appoint somebody else. And at every point in time, a Commissioner is going to have two members in the board. Lice Chair Russell: So that Section 2-1340(C) is the terms. And so, it shows a two- year with no limitation on the number of consecutive years served. What's your recommendation for the at -large seats in terms of a time limit? Commissioner Reyes: For how long we are -- we're going to get -- L ice Chair Russell: Two years. Commissioner Reyes: What? Two years? b ice Chair Russell: The rest of the board members, if I'm not mistaken, Mr. Clerk, are two-year terms. Unidentified Speaker: One year. Commissioner Reyes: One year. Mayor Suarez: Makes sense. Vice Chair Russell: We'd like the at -larges to be one year. Mayor Suarez: One year. Mayor Suarez: That's smart. Yeah. Vice Chair Russell: All right. Commissioner Gort: And they can be reappointed. Lice Chair Russell: And they could be appointed. Commissioner Reyes: They be reappointed -- Commissioner Gort: (UNINTELLIGIBLE) good job (UNINTELLIGIBLE). Commissioner Reyes: -- by the -- I mean, the same -- Mayor Suarez: You can alternate. Commissioner Reyes: --person could be reappointed -- Mayor Suarez: You can alternate. City ofMiami Page 34 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: -- by another Commissioner, or the Commissioner that his turn comes in to appoint, then will get somebody else, if he wants -- Mayor Suarez: Yeah. Commissioner Reyes: -- if he see fits. Mayor Suarez: Makes sense. Vice Chair Russell: All right. IfI could just memorialize some of these amendments, and then you, as the mover, Commissioner Reyes, can accept or reject them. One is that we have two appointees by the Mayor, two appointees at large, and five -- one from each Commissioner -- totaling nine; that they live in the City, so we take out the phrase "own property" -- Commissioner Gort: Yes. b Ice Chair Russell: -- and the "or work" comes out as well. So they -- `All members shall live in the City. " And then we add under the requirements or the qualifications, "Community advocacy or community involvement as a City resident. " And then that the at -large seats have a one-year term, which could be renewed. Commissioner Reyes: And it -- and their appointment will rotate amongst -- Mayor Suarez: Alternating nominations -- Commissioner Reyes: Alternating nominations. Mayor Suarez: -- by the Commissioners. bice Chair Russell: So the at -large -- Mayor Suarez: It doesn't really become an at -large; it becomes an alternating -- Commissioner Reyes: It's an -- Commissioner Carollo: It's an alternating -- bice Chair Russell: So how do you decide -- Mayor Suarez: Right. Commissioner Carollo: -- on a yearly basis. bice Chair Russell: -- who gets the first at -large seat? Commissioner Reyes: Well, that's something that we have -- Commissioner Carollo: We start from the right. Commissioner Reyes: We start from the right. Commissioner Carollo: Of course, that depends from which side you're sitting on. Mayor Suarez: Which way you're looking. Which way you're looking. bice Chair Russell: I mean, they are -- they could be appointed by one -- So whoever brings the one -- the person, they obviously have to be voted at large to be agreed on, but then in the next year, it will be done by a different -- City ofMiami Page 35 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: By a different (UNINTELLIGIBLE). V Ice Chair Russell: --district seat. Commissioner Reyes: That's right. V ice Chair Russell: Right? Not by a name or person. I know it's getting complicated, and I'm getting some stern looks -- Commissioner Reyes: Yes. Tice Chair Russell: -- from the Clerk's Office, but I think it makes sense. I think we Commissioner Carollo: The very simple process that we do: We put five numbers down from District I through 5, we put it in a hat, and we take it out. Lice Chair Russell: All right. So there have been some amendments. Does the mover accept? Mayor Suarez: Todd is sweating. Victoria Mendez (City Attorney): I don't know how to write the alternating member, so that's the only thing that's giving me a little pause. ['ice Chair Russell: Are you capturing the spirit of it, though? Commissioner Carollo: All right, look, I think we basically have reached consensus here. Mayor Suarez: Yeah. Commissioner Carollo: Commissioner Reyes came up, you know, with a very sensible solution to splitting the baby, but I also feel that we should give deference to Commissioner Hardemon, who's not here; he might want to add something or give some input. So I think that, in order to do this correct and Commissioner Hardemon to have any additional input, we should bring it back at the next meeting. Vice Chair Russell: He should be here later today -- Commissioner Carollo: If not -- Vice Chair Russell: -- ifyou'd like to table the item. We can (UNINTELLIGIBLE). Commissioner Carollo: -- (UNINTELLIGIBLE) table. Commissioner Gort: Table it till later on, and then she can draft the resolution. Vice Chair Russell: So -- and we'll -- Commissioner Carollo: Yeah. V ice Chair Russell: --help you work on the wording of the amendments -- Commissioner Carollo: That's fine. V ice Chair Russell: -- but I think that's a good idea -- City ofMiami Page 36 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: That will be fine. ['ice Chair Russell: --that the Chair would appreciate. So let's -- Ms. Mendez: Thankyou. lice Chair Russell: At the moment, there have been amendments. If we could -- should we at least memorialize whether or not the amendment has been accepted by the mover at this point so that we can take all the things we've at least brought into the conversation so far? Commissioner Carollo: Yeah. It has, he says. Lice Chair Russell: And the seconder approves the amendments as well? All right, we're going to table this item until the Chair is back with us; perhaps before lunch, perhaps after. Commissioner Carollo: And Madam City Attorney, could you start working as best you can on that language? Ms. Mendez: Perfect. Thankyou. Commissioner Carollo: It don't have to be a hat; it could be a box. Ms. Mendez: Thankyou. bice Chair Russell: All right. And so, we're tabling SR. 2. Later... Chair Hardemon: Okay. All right. So what I'll do now then is bring us back to SR.2. Can you state what the motion is that's on the record, please? bictoria Mendez (City Attorney): Well, I need to read this title. I wasn't able to read this title earlier. Chair Hardemon: Okay. Ms. Mendez: Thankyou, Chairman. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Chair, if I may. When you were not here this morning, we made changes in the ordinance. I don't know if the City Attorney has been able to put them in writing already. I don't know -- I think you should go over them now here and see if you would like to make any additional changes to it or not. Ms. Mendez: So the main changes would be in 2-1340, where we're going to have two members nominated by the Mayor; one member nominated by each of the five Commissioners, for a total of five Commissioners; and two members nominated by each of the five Commissioners in alternating years, with no Commissioner nominating a member in consecutive years, and until each Commissioner has had an opportunity to nominate a member; thereafter, all members shall be appointed in the same order -- Chair Hardemon: Can you go back, say, just --? All right. Let's start from -- on 2- 1340, let's start from the top. You're saying that instead of one member nominated by the Mayor, that's changing? City ofMiami Page 37 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Ms. Mendez: It's two members nominated by the Mayor. Chair Hardemon: Okay. Ms. Mendez: One member nominated by each of the five Commissioners, so that stayed the same. Chair Hardemon: Okay. Ms. Mendez: 3 was two members nominated by each of the five Commissioners. This used to be at large, but that was changed slightly to be alternating years so -- Chair Hardemon: So you struck 3. You struck Section 3. Ms. Mendez: Right. So -- Chair Hardemon: Right. Ms. Mendez: -- the new Section 3 is two members nominated by each of the five Commissioners in alternating years, with no Commissioner nominating a member in consecutive years, and each Commissioner has an opportunity to nominate a member. Chair Hardemon: Okay. Ms. Mendez: Thereafter, all members shall be appointed in the same order as first established by appointments from the Commissioner districts. So this was brought up by the fact that each Commissioner wants to be able to nominate for a one-year term the two members, and they would alternate. So if Commissioner of District I and -- nominates someone, that will be for -- and then confirmed by the rest of the Commission, then the subsequent year, another Commissioner would nominate, and so forth. Chair Hardemon: So I guess that means that Commissioner Gort and myself, we get the first nomination? Y ice Chair Russell: No. They said it starts alternating. Commissioner Reyes: (UNINTELLIGIBLE) all the time. Chair Hardemon: No, I mean, but he leaves first. Commissioner Reyes: How do you deal -- well -- Chair Hardemon: No, he leaves first. Commissioner Gort: Whoever leaves first. Commissioner Reyes: -- (UNINTELLIGIBLE). ['ice Chair Russell: I think it goes numerically; District I and 2, and then District 3 and 4. Chair Hardemon: But if he's leaving first -- Commissioner Carollo: Well, I thought you go by alphabetical order. Mayor Francis Suarez: I'm not getting involved in this. City ofMiami Page 38 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: No, if he --I think it's only fair. Commissioner Gort: Whoever leaves first. Chair Hardemon: If he leaves first and I leave second, we're gone. So why not have representation from us first? Commissioner Carollo: Well, the -- Commissioner Reyes: Whatever you do that's fine. I -- L ice Chair Russell: I have a recommendation. Commissioner Carollo: Well, at least we got something on the record. The Mayor was gracious enough to come clean and agree that the Manager would not have to pick so he would tell him who to pick. So now, he wants to, and we're on the record on that. Mayor Suarez: I -- as much as I appreciate the Commissioner and think very highly of him, I wouldn't characterize what I said that way, but I appreciate you saying that. Commissioner Carollo: By the way, did you bring us any gifts from Paraguay? Mayor Suarez: I did as a matter of fact. Commissioner Carollo: You did? All right. Mayor Suarez: I have one for you; just for you though. Commissioner Carollo: Okay. Mayor Suarez: You're the only one that asked, so you're the only one that gets. Commissioner Carollo: Well, I -- exactly. Mayor Suarez: You're looking forward to it. Commissioner Carollo: Yeah. Chair Hardemon: So in -- so does this -- Commissioner Carollo: I don't know anymore; to call you "Mayor" or "ambassador. " You're traveling so much these days. Chair Hardemon: So the two at -large Commissioners that have appointments -- Mayor Suarez: Almost as much as you did when you were Mayor, Mr. Mayor. Chair Hardemon: You're saying that -- Commissioner Carollo: I wish. I wish. Chair Hardemon: -- one of the Commissioners makes the recommend -- because there's an at -large person. That doesn't -- ice Chair Russell: Doesn't mean two at large. Chair Hardemon: So one Commissioner appoints two at large or one -- City ofMiami Page 39 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 bice Chair Russell: Yeah. ChairHardemon: -- two Commissioners appoint one each at large at the first time? Ms. Mendez: Right. So since we -- Chair Hardemon: But the thing is they have to be still confirmed, though, by -- Ms. Mendez: Exactly. ChairHardemon: -- the board. Ms. Mendez: Exactly. So we had a few different versions of how this could go, but I think that, at least for the first time that this happens, whoever comes up with the two nominations for the first time, then you know that those two are not the ones that do it the next time; however, if you could come up with something better -- we tried, but Lice Chair Russell: I do have a recommendation. ChairHardemon: I'm listening. Vice Chair Russell: So if we could pass this today, at the next meeting, we come with all of our at -large recommendations -- there will be two, total -- and we discuss them amongst each other. It's not about who gets here first or who puts somebody in fastest, or who picks. We'd like a little bit of a process here. So we all talk about all the people put forth; and then, of the two that we, as a group, pick, whoever nominated them will not be able to nominate -- or that those districts will not be able to nominate next year. Ms. Mendez: Right. So I wasn't artful, but that, in process, is what would happen. bice Chair Russell: Yes; yeah, itis. Ms. Mendez: But that -- exactly. bice Chair Russell: Same as normal at -large process; just -- Ms. Mendez: Arguably, but you're precluded from renominating the next year. Vice Chair Russell: The next time. Chair Hardemon: But why are we putting ourselves in this difficult predicament? Because, you know -- bice Chair Russell: This is just at large. ChairHardemon: --typically, you can recommend -- Ms. Mendez: Look at your colleagues -- it wasn't our idea -- over there. ChairHardemon: -- you could recommend an at -large. Commissioner Carollo: That's why I wanted you back in here before we voted upon this one. Commissioner Reyes: That's right, just to -- Commissioner Carollo: So we should all have two, then, and have an even dozen. City ofMiami Page 40 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: --you see -- Chair Hardemon: So then it would go from -- Mayor Suarez: Nine to 14. Chair Hardemon: --nine -- Commissioner Carollo: To 12, to 12. Mayor Suarez: To 14. Vice Chair Russell: No. We want nine. Commissioner Reyes: To 12 or 13. Vice Chair Russell: We want nine. Commissioner Carollo: To 12. Chair Hardemon: Nine plus five is -- Mayor Suarez: What's that? Commissioner Carollo: Six times two is 12, Mr. Mayor. Mayor Suarez: Five times two -- and that's an even number, so I don't know if you want to create an even number on a board, but -- Commissioner Carollo: So, Mayor, it doesn't matter. Mayor Suarez: --five times two is 10. Two at large is two; that's 12. And two with the Mayor is 14. But, I mean, whatever; however you guys want to do it. Commissioner Carollo: Four at large. Chair Hardemon: But let me askyou a question. Mayor Suarez: No, I -- listen -- Chair Hardemon: I want to ask a question, Mr. Mayor. Mayor Suarez: -- however you guys want to do it is fine with me. Chair Hardemon: Understood. The question is -- Commissioner Gort: That's a good question. Chair Hardemon: --do they -- Commissioner Reyes: Yeah. Chair Hardemon: --you see it, right? Commissioner Reyes: Come with the question. Chair Hardemon: The board -- City ofMiami Page 41 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mayor Suarez: Yeah. ChairHardemon: --is it a decision-making board? Mayor Suarez: Not really. Commissioner Carollo: Of course, it is. Barnaby Min (Deputy City Attorney): Advisory, advisory. Commissioner Carollo: Absolutely, it is. Absolutely. Ms. Mendez: It is a strongly -- Commissioner Reyes: May I explain? I did -- Ms. Mendez: --advisory board. Mayor Suarez: It's an advisory -- Commissioner Reyes: --this was my proposal. Mayor Suarez: -- board. Commissioner Reyes: This was my proposal, Mr. Chairman: It was because, you see, we would have, as Commissioners, we would have only one appointee; the Mayor's going to have two. So it was -- the question was brought up that maybe we could have -- should have, each one of us, two. I -- personally, I don't agree with those large boards, because, I mean, you never get all the people in agreement, you see. I mean, it is being -- I was a member -- a 15 -member -- I was a co-chair of a 15 -member board, and I remember how hard it was. So in order to avoid that argument that everyone should have two, each one of us is going to have one, you see. Wait a minute, wait a minute. Each is going to have one, but there are going to be two at large. Who is going to pick that up -- amongst us is going to pick the one at large? What I said, well, the one at large will serve for a limited time; let's say one year, if the regulars are nominated for two years. And then, so it make it even that everybody, you know, has, you know, the opportunity at a given time to nomin -- to have two members in a board, what we could do is you will nominate -- say that it -- if it is your turn or my turn -- we will nominate somebody at large for a period of - - if it is one year -- next year, you see, when your -- I mean those nominations, they -- the year ends, if we want and we decide as a board to keep them, we keep them for another year. But then, the ones that are going to be nominated will be Mr. Russell and Carollo, you see; the ones at large. And then -- then you pick those in order to avoid the conflict. I wanted to nominate one at large. I wanted to -- ChairHardemon: So my question is this -- Commissioner Reyes: --yousee. Chair Hardemon: --why have at large then? Commissioner Carollo: Exactly. Commissioner Reyes: One thing, we go back to seven. Chair Hardemon: No, I'm just --what I'm saying -- Commissioner Reyes: No, no, we go to -- back to seven. I'm fine with it. I'm fine with seven. City ofMiami Page 42 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: No, but not the way seven is going to be picked. Commissioner Reyes: You see? Commissioner Carollo: I'd rather then go to six, and each has one, because what -- the reason we're having this conversation and confusion is being thrown is that we're acting already like if there is a strong Mayor, and we don't have a strong Mayor government. It's far away from happening so far. And we really have a separation of government. We have an Executive Mayor, and we have the Commission that makes the rules and regulations for the City. Now, I understand that the Mayor would like to have appointments, and I respect that, but there is a separation. Those appointments really fall on the Commission. We can, as a courtesy, give him one, but that's not the way the system works. That's not how Congress works; that's not how the Senate work; and certainly, that's not how either body work with the President. And we're trying to kind of mix it all here. I think that if we're going to give a courtesy to the Mayor and kind of mix this up and combine the two areas of power in this government, then at least every member of this Commission should have the same vote as what we're going to give to the Mayor. After all, we're the ones that do get a vote to dictate how the City is going to run. Chair Hardemon: So -- which is why you want to take away one from the -- okay -- which is why you want to take away one from the Manager and just give it to the Mayor, and now the Mayor has two. But if the Mayor has two, you want an additional two on the board. Commissioner Carollo: No, I never said to give it to the Mayor. I said "at large. " And then when -- I said this when the Mayor said he wanted the other one. So from the onset, it was really the Mayor getting two votes. And -- Mayor Suarez: It's not, Mr. Commissioner. Please stop mischaracterizing it. It was not. Commissioner Carollo: I'm not, Mr. Mayor. Mayor Suarez: You are, you are. Commissioner Carollo: The way things -- Mayor Suarez: You started --I thought you were joking at the beginning. Commissioner Carollo: -- have been going on -- Mayor Suarez: Listen. You started at the beginning -- Commissioner Carollo: -- it's exactly -- don't get upset at me. Mayor Suarez: No, I -- this is -- you know, you started -- Commissioner Carollo: Please, please don't get upset with me. Mayor Suarez: --I thought you were joking initially when you were saying that -- Commissioner Carollo: No, no, no. Mayor Suarez: -- I was substituting my decision for the Manager's -- Commissioner Carollo: No. But -- City ofMiami Page 43 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mayor Suarez: -- and I was not. Commissioner Carollo: -- Mr. Mayor -- Mayor Suarez: And so -- Commissioner Carollo: --you -- Mayor Suarez: --you know -- Commissioner Carollo: -- but you jumped at that right away. Mayor Suarez: What's that? Commissioner Carollo: You jumped at that right away. Mayor Suarez: It's not about jumping at it. We're trying to reconcile a conflict. Commissioner Carollo: You wanted to resolve that. You didn't have a problem before -- Mayor Suarez: Mr. Chair? Commissioner Carollo: -- only when the Manager was taking a vote away. Mayor Suarez: Mr. Chair? Chair Hardemon: So right now, there are five. We'll let -- I'm just -- I'm pulling back, right? So this is it. So you have five votes from this Commission. Commissioner Carollo: Yep. Chair Hardemon: You have an additional vote from the Mayor; say if it's six, right? The Manager's vote was taken away, just step by step, so there's six. We frowned upon even -numbered boards. We try to have odd -numbered boards. So the question is, how do you create seven? Do you add another at large? Do you add two at large? Who appoints them? Commissioner Carollo: I would add one at large. Commissioner Reyes: (UNINTELLIGIBLE) alternate; with alternating appointments. Fice Chair Russell: (UNINTELLIGIBLE) alternating. Chair Hardemon: Okay. So say you do one at large. Commissioner Carollo: Yeah. Chair Hardemon: Right? And the alternate appointment comes from the dais -- Commissioner Carollo: Right. Chair Hardemon: -- is what you're describing. Commissioner Carollo: Right, yeah. That makes it seven. Chair Hardemon: Now -- but -- and I'll say even with five plus one, which is six, the Commission still has an upper hand on the Mayor. City ofMiami Page 44 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Right. But if we create one at large, then I will be fine with that. Chair Hardemon: And then if we were -- if we created one at large for this advisory board, then I would recommend -- and that's what my vote will go -- that the first Commissioner who will be leaving this dais, which would be Commissioner Gort -- Mayor Suarez: Fine with me. Chair Hardemon: -- go first; and then the second and then the third, because it's in order. Commissioner Reyes: What would be the per -- the time limit -- the time that the one at large is going to serve? Chair Hardemon: You said you wanted one year. Commissioner Reyes: One year. Chair Hardemon: Do you have an objection to one year? Commissioner Carollo: No. I think that would be appropriate, because all of our appointments are for two years. Commissioner Reyes: That's right. Commissioner Carollo: So if our appointments are for two and the at large is only one person that we're moving around, that should be for one year, and I think that would be fair. Commissioner Reyes: Yes, sir. Chair Hardemon: And if we did that, then the Clerk's Oce -- because we want to make something simple for the Clerk, as well; we don't want them to do mathematics to make this whole thing work. But if the Clerk's Office says that -- if they look at the terms of office when people would be leaving office -- notwithstanding if they're leaving earlier or anything of that nature -- that's the order, and then that becomes the order thatyou follow? Commissioner Reyes: That's fine, then; that's fine, then. Commissioner Carollo: You would be second then, I think, right? Chair Hardemon: I would be second. Commissioner Carollo: Okay. All right. Commissioner Reyes: Okay. Commissioner Carollo: I would go along with that. Commissioner Reyes: I would go along with that, too. Commissioner Carollo: Yeah. b ice Chair Russell: I'd -- Chair Hardemon: Go ahead, Mr. Tice Chair. What do you feel? City ofMiami Page 45 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: I would go along with that. b Ice Chair Russell: I do like our classic form of at -large appointment where we would all proffer somebody and we discuss amongst us and share the resumes with good notice so that we could all study the resumes, and just pick the best of the five that we put forward. If five do put someone forward, that broadens a little bit" otherwise, you're actually giving one district two votes -- or two board members for a year period versus -- Commissioner Reyes: Yeah. ChairHardemon: NowI'm -- Commissioner Carollo: But we're all going to have that for, you know, one year. Commissioner Reyes: Yeah. Commissioner Carollo: Because this is a board that's going to last for more than one year, more than five years. Commissioner Reyes: Commissioner, I do understand what you're saying, but my experience on the short time that I been here, whenever there is an appointment at large for any of the boards, it belongs to the first that grabs it. bice Chair Russell: And that's kind of where I think we should all look -- let me give you my -- Commissioner Reyes: That's right. That's why I want to avoid that. bice Chair Russell: -- if I could. So here's a scenario: We have several very large subjects within this bond And, for example, if we only had one appointee, I've got to decide whether I want someone who leans more toward the side of resiliency or towards the side of affordability. If I'm lucky enough to find someone who's great at both, I feel very comfortable putting that person forward. But in an at -large situation, we've got that one extra seat available floating, right? We can see what gap we have that we form within the board. We've each brought our designee, the Mayor's brought his designee, and that one at -large seat, if we all five brought one person to that table, we, as a group, could decide from that pool that we've created what gap is missing. Commissioner Reyes: Yes, I -- bice Chair Russell: (UNINTELLIGIBLE) that make sense. Commissioner Reyes: -- do understand that. But from experience, what I have seen -- and correct me if I'm wrong -- every time there is an at -large appointment, whoever grabs it first, you see; and then, in deference, the -- all the Commissioners will not argue against that nomination, you see. And what I want is -- what we're trying to do is to avoid any -- all discussions. If you have two that they are -- I mean, by the time that you get to nominate a couple of persons that they are more favorable Of resiliency, then probably the Chairman here wants somebody that is more favorable to affordable housing, and you will have your chance next year, you see. Chair Hardemon: So out of all the Commissioners here, I probably have the most trouble with appointing board members. When I first came on, there was one of my board members that was objected to. And it was all within my right to appoint them, but we vote as a board. It was objected to. I think we all know who he is, right? He shows his knees a lot when he dresses. So you have that. And then, I believe that City ofMiami Page 46 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 there was a time between myself and the b ice Chairman where we wound up battling over who was going to appoint a certain position, a certain place -- Vice Chair Russell: Because of the expertise and -- Chair Hardemon: -- because of the expertise, so we had that issue. And then, also, with Commissioner Gort, Commissioner Gort and I were trying to figure out -- He had someone in -- it was someone that could've been appointed through his district or through my district, and then there was an at -large person, I believe. And I told him, "Hey, I'll switch with you in order to do that. " So I'm just saying that to say that where there is an appetite for compromise on the board, the board does compromise, because I've seen it. It was uncompromising to me, the first appointment I tried to make, but, you know, it is what it is. If I can't get the votes, I can't get the votes. So I'm just saying that to say whatever this board thinks is the best to move forward in that sort of realm, we can do that. If you're saying -- because even if Commissioner Gort moves for an appointment for an at -large seat, that does not -- I'm saying this to say that does not mean that he will get it. Commissioner Carollo: Yeah. I -- well, and, of course, we have veto power. Commissioner Reyes: I'm not going to vote against it. Chair Hardemon: I'm -- but it's -- all of ' those (UNINTELLIGIBLE), because it's happened to me. Commissioner Carollo: And it shouldn't have, but you're telling us -- Chair Hardemon: Exactly, yeah. Commissioner Carollo: -- that it did happen. I'm very comfortable with the solution that you presented that each of us elected officials have one vote; and then the seventh vote, we alternate every year, beginning with Commissioner Gort; then it goes to you; I guess, then it would go to Commissioner Russell; I then believe it would go to Commissioner Reyes; and lastly, it would be me. I would be satisfied with that, and I'll make a motion to that effect right now. Mayor Suarez: Fine with me; I have no issue with it. Chair Hardemon: Yeah. Mayor Suarez: I have no issue with that. Lice Chair Russell: Do we have a motion? Commissioner Carollo: There's a motion; I just made it. Vice Chair Russell: No, no, no; the one that's on the floor from the other one. Chair Hardemon: But -- so you would be amending the motion. Commissioner Gort: No, no, wait a minute. Commissioner Reyes: I thought it was a motion of having two at large. Commissioner Carollo: Was there a motion? Then I'll make a substitute motion if there were anybody here. Chair Hardemon: Well -- City ofMiami Page 47 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: There were two motions. There were -- we have two at large. Chair Hardemon: I'll accept this motion as a motion to amend -- Commissioner Carollo: Yeah. Okay. Chair Hardemon: -- the motion that's on the floor. Commissioner Reyes: (UNINTELLIGIBLE) two nominations, but it was a motion for nine; nine instead of -- Commissioner Carollo: Then I'll make a motion to amend the previous motion. Was that previous motion made --? Todd B. Hannon (City Clerk): Excuse me, Chair. I'm sorry. At 10:19 a.m., the mover was Commissioner Reyes; seconded by Commissioner Gort. Commissioner Carollo: Oh, okay. Mr. Hannon: They had accepted all amendments at the time. Commissioner Carollo: All right. Mr. Hannon: So, really, if Commissioner Reyes and Commissioner Gort are fine with the newly -proposed composition for this board, they only need to accept that particular amendment, and we can continue to move forward. Commissioner Carollo: Okay. Would you accept the amendment, Commissioner? Commissioner Reyes: Let me defer to Commissioner Gort. Commissioner Gort: We already discussed how many different options, and I don't want to go through the whole process again. The first one that we passed is in front Of us; the one that's going to be amended. Could you read that one? Mr. Hannon: The one that's currently being discussed right now, it's my understanding, each Commissioner will have one appointment; the Mayor will have one appointment; then, there will be one at large. That individual will be -- it'll be on a rotational basis from each Commissioner. Chair Hardemon: Nominated; the nominations. Mr. Hannon: Yes. And that term will be for one year so that the at large has a term for one year, starting with District 1, 5, 2, 4, 3. So that'll be on a yearly basis; and then, that's how the rotation will go for that at -large member. And that -- again, it's a one-year term for the at large. It's a two-year term for the appointee of the Mayor and the Commissioners. Mayor Suarez: I'm fine with it. Everyone's fine with that? Commissioner Gort: That was not the original one that -- Mayor Suarez: That wasn't the original. Mr. Hannon: No, no; that's the one that's before us right -- Commissioner Gort: I want to hear the original Mayor Suarez: Yeah. He wanted two more last time. That's fine. City ofMiami Page 48 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: He wants to hear the original. He wants to hear the original. Commissioner Gort: I got the floor. Mr. Hannon: Okay. The original will be where the Mayor has two appointees; each Commissioner has an appointee; and there are two at large. And then, that's where we're discussing right now, trying to figure out which two Commissioners would start when it comes to the appointment of each at -large seat. Commissioner Gort: I understand that. That's the original amendment. Mr. Hannon: Yes. Commissioner Gort: That was moved and second by myself. Mr. Hannon: Yes, sir. Commissioner Gort: Now, what is the amendment? The amendment that's being created is going to change the whole first one then. Mr. Hannon: Yes. Commissioner Gort: Completely different thing. Mr. Hannon: Well, it's going to slightly change the composition from the standpoint that the Mayor will have one appointee, each Commissioner will have one appointee; and then, there's only going to be one at -large appointee. And again, that at -large appointee is just going to have a one-year term and in -- it'll be on a rotational basis, starting with Commission District 1, who will get to proffer the name for that at -large appointee. Commissioner Gort: I got that part. The change is we're going from nine to seven. Mr. Hannon: Yes, sir. Commissioner Reyes: That's it, that's it. Commissioner Carollo: Yeah. Commissioner Gort: Right? Mr. Hannon: Yes, sir. Commissioner Carollo: Right. Commissioner Gort: Okay. All right. I'll accept it. Mr. Hannon: Yes, Madam City Attorney? Mayor Suarez: We're good. Ms. Mendez: So -- Commissioner Carollo: By the way, Chair, one area that I do want to clarify to you that we change: All appointees have to live within the City ofMiami. Mr. Hannon: Oh, yes. I can go over those, as well. I'm sorry, sir. I was just -- City ofMiami Page 49 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Just add that, yeah. Mr. Hannon: -- doing the composition. Commissioner Gort: That's a good point. Commissioner Carollo: I think it's important for something of this nature. ChairHardemon: Ilive here, so. Mayor Suarez: Me, too. Ms. Mendez: So are we going down to -- Commissioner Reyes: Seven. Commissioner Carollo: Seven. Commissioner Gort: Seven. Ms. Mendez: --seven? Commissioner Carollo: Yes. Mayor Suarez: I think it's easier that way. Commissioner Carollo: Call the -- Commissioner Reyes: One for each one of the Commissioners. Mayor Suarez: Yeah. And I think there's a -- Ms. Mendez: Right. Mayor Suarez: -- very defined procedure as to how you select the at large. It'll be -- well, it's not really an at large anymore. It'll be -- Commissioner Carollo: Yeah. Mayor Suarez: -- a revolving -- Commissioner Carollo: A revolving. Mayor Suarez: -- one year. Commissioner Carollo: Yeah. Ms. Mendez: Okay. So then, one by each of the Commissioners -- Commissioner Reyes: That's my idea. Mayor Suarez: It was your idea. Ms. Mendez: -- one by the Mayor; and then one -- the rotating one, starting with? Mayor Suarez: Commissioner Gort. Commissioner Carollo: Commissioner Gort -- City ofMiami Page 50 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: Commissioner Gort. Commissioner Carollo: -- as explained by the Clerk, in the order that he explained - Mayor Suarez: Yeah. Commissioner Carollo: -- and read into the record. Ms. Mendez: Okay. Mayor Suarez: We're good. Commissioner Carollo: Okay, call the question. Ms. Mendez: I hope you have that written down. Mr. Hannon: Yes, ma'am. Ms. Mendez: Okay. Commissioner Carollo: Okay. ChairHardemon: You all agree to the -- Commissioner Reyes: Yes, sir. ChairHardemon: -- changes? Mayor Suarez: Yeah. You can call it. ChairHardemon: Yeah? Mayor Suarez: I think you can call it. Chair Hardemon: All right. All in favor of the motion, say "aye." The Commission (Collectively): Aye. ChairHardemon: All against? Mayor Suarez: Thankyou, guys; appreciate it. ChairHardemon: Passes. Mr. Hannon: As amended. Commissioner Carollo: Thank you, Mr. Mayor. City ofMiami Page 51 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 SR.3 ORDINANCE Second Reading 3675 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 1 OF THE CODE OF and Mayor THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL AYES: PROVISIONS," MORE PARTICULARLY BY ADDING ABSENT: 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. ENACTMENT NUMBER: 13750 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon ['ice Chair Russell: We're going to move onto SR.3, the official seal of the City. Mayor Francis Suarez: Simple. Commissioner Carollo: Yeah, that's -- passed on first reading. lice Chair Russell: Is there a motion? Commissioner Carollo: I move. Mayor Suarez: Yeah. Commissioner Carollo: I move. Tice Chair Russell: It's been moved by Commissioner Carollo; seconded by Commissioner Reyes. Any discussion? All in favor, say "aye." Commissioner Carollo: Aye. Commissioner Gort: Aye. Commissioner Reyes: Aye. Todd B. Hannon (City Clerk): Did Madam City Attorney read the title? Commissioner Reyes: You need a roll call? The Ordinance was read by title into the public record by the City Attorney. Lice Chair Russell: Just for my personal preference as Chair for the moment, I do prefer a roll call on ordinances, so please, Mr. Clerk Mr. Hannon: Roll call on Item SR.3. A roll call was taken, the result of which is stated above. City ofMiami Page 52 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Hannon: The ordinance passes on second reading, 4-0. SR.4 ORDINANCE Second Reading 3636 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, "PARKS Attorney FLORIDA, AS AMENDED, ENTITLED AND AYES: RECREATION/IN GENERAL," BY AMENDING SECTION 38-115, ABSENT: ENTITLED "AUTHORIZATION OF THE BAYFRONT PARK MANAGEMENT TRUST TO ALLOW THE SALE AND/OR DISPENSATION OF ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, FOR SPECIAL EVENTS, PERFORMANCES OR PROGRAMS," BY REMOVING THE PROHIBITION OF SALES FOR CONTENT SPECIFIC EVENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13751 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon ['ice Chair Russell: SR. 4. Commissioner Carollo: SR. 4. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is there a motion? Commissioner Gort: Move it. Lice Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Lice Chair Russell: Second by Commissioner Reyes. Any discussion? All in favor, say fraye. ff Commissioner Reyes: Aye. Vice Chair Russell: I'm sorry; this is an ordinance. I do prefer a roll call, please. Todd B. Hannon (City Clerk): Roll call on Item SR. 4. Commissioner Carollo: Almost broke your rule. Vice Chair Russell: I'm sorry? Commissioner Carollo: Almost broke your rule on the first one. City ofMiami Page 53 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 ['ice Chair Russell: Yes, yes, yes. Chairing is tough work. Mr. Hannon: Roll call on Item SR. 4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Commissioner Carollo: Mr. Chair. lice Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: This ordinance had to do with Bayfront Park. Lice Chair Russell: It did. Commissioner Carollo: I'd like a point of special privilege to request of the Administration some answers. I have been hearing some rumors -- and I don't know how valid they are or not, because I have not been given anything official from the City, nor from the Bayfront Park Trust -- that in the big concert that we're having this weekend, that there has been some problems with the electrical permits, that they were not full in compliance. And since I'm Chairman of that board, I don't want, later on, to be told that I overlooked something, when no one has given me any information from the Administration or from the Trust, if there's anything to give. And I hate to be dealing with rumors that I don't know if they're accurate or not. Is there a problem with the overall permitting for Ultra coming up -- Lice Chair Russell: Mr. Manager. Jose Camero (Director/Building): Good morning, sir, Commissioners. Commissioner Carollo: -- on the electrical side? Mr. Camero: As of today --Jose Camero, Building Director. Commissioner Gort: Yes. Mr. Camero: As of yesterday, they have pulled all the necessary permits. Commissioner Carollo: Okay. What -- was there arty problem that -- Mr. Camero: The -- Commissioner Carollo: -- had happened as of yesterday morning or the day before? Mr. Camero: What happened was that the original -- what had happened before, the company that pulled the generator permit also pulled the electrical permit. Commissioner Carollo: I see. Mr. Camero: This year they decided only to pull the generator permit, so they need an additional permit for -- to take the cabling from the generator to the lights. Commissioner Carollo: I see. And what did they have to do to get that additional permitting? Mr. Camero: They needed to come in and apply for the permit and obtain a permit. Commissioner Carollo: Okay. Was there a fee for that? City ofMiami Page 54 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: I'm -- There's a fee, yes. Commissioner Carollo: Was there an additional fee? Mr. Camero: Yes, there was a fee. Commissioner Carollo: What was it, if you remember? Mr. Camero: I don't remember, sir. Commissioner Carollo: Approximately? Mr. Camero: I could get back -- The last one that I saw -- and I don't remember if it was the stage permit or the electrical permit -- was to the tune of $2, 000. Commissioner Carollo: Okay. So, to the best of your knowledge, they're in compliance with all electrical permitting that they needed now? Mr. Camero: Yes, they are today. Commissioner Carollo: Then I'm relieved. Thank you. Mr. Camero: Okay. Thanks. ['ice Chair Russell: Thank you very much, Commissioner Carollo. END OF SECOND READING ORDINANCES City ofMiami Page 55 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 3650 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE and Mayor PARTICULARLY BY AMENDING SECTION 55-14, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO ALLOW FOR ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE EMERGENCY ACCESS EASEMENTS, AND SECTION 55-15, ENTITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY PLAT," TO PROVIDE FOR THE VACATION AND CLOSURE OF EMERGENCY ACCESS EASEMENTS NOT REQUIRED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Reyes rice Chair Russell: FT e71 move on to FR.1, please. The Ordinance was read by title into the pzrblic record by the CityAttornev. Tice Chair Russell: Is there a motion on FR.1 ? Commissioner Gort: -hove it for discussion. Commissioner Carollo: Second. Tice Chair Russell: It's been moved Commissioner Conissioner Gort; second by Commissioner Carollo. Commissioner Gort has discussion. Commissioner Gort: Question of the Administration. lIv understanding is, once we close those allev, the -- half of the property belongs to the property owner to the right and to the left or to south and north. Azeribe Iheloraba (Assistant City _llanager'Chief of Operations): Can von repeat that? Can yon repeat the gnestion, sir? Commissioner Gort: Okay. The question is, my understanding is, once we close those allev, that property belongs to the property owners adjacent to the allev; am I correct? 11r. Iheloraba: You're correct, Commissioner. 99 percent of the time, the allevs that are closed and vacated reverts back: to the abntting property owners. City of 1=limni Page 56 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 Commissioner Gort: We got to make sure you make them aware that they own it and they have to maintain it. Mr. Ihekwaba: We -- okay, we do that. But this item, FR. 1, is not about that. This is just for access easements that, typically, are being used by Miami Fire Department and Miami Police. Commissioner Gort: They're no longer being used? Mr. Ihekwaba: It's not being used by utilities, at all, or public use. Commissioner Gort: Okay. So they will maintain open or close? Mr. Ihekwaba: Once it's closed or vacated, it reverts back to the property owner. Commissioner Gort: Okay. All right. Victoria Mendez (City Attorney): Commissioner Gort, however, you bring up a very important point, and we're actually going to work with Mr. Casamayor to discuss some of these alleys that have been closed in the past and see if we can make sure that everybody knows which ones are open or closed. Commissioner Gort: Okay. Ms. Mendez: So thank you. Commissioner Carollo: Commissioner Gort -- b Ice Chair Russell: Any comments? Commissioner Carollo: -- if you'd like -- FiceChairRussell: Commissioner Carollo. Commissioner Carollo: -- we can table this until your questions are satisfied and you can meet with staff to make sure they are. Ms. Mendez: This item is actually not about alleys. He just brought up a point with regard to alleys that we have discussed in the past. This one just has to do with emergency access easements that are used by Fire. Commissioner Carollo: Okay. Lice Chair Russell: Mr. Ihekwaba, you have something to say? Mr. Ihekwaba: No. I was just curious. What is the relation --? There's no relationship between access easements and alleyways. The alleyways, we actually closed about couple of years ago. So this is, essentially, emergency easements, which is just, I would say, access, because it's being reserved for the use of Miami Fire Department. So they have nothing to do with alleys. So I think I may have answered your question already. Commissioner Carollo: So what is the logical outcome of this? Mr. Ihekwaba: Once it's closed or vacated -- Also, the item allows for an Administrative procedure; for us to allow people to also encroach on it or for us to accurately close and vacate them and give it back to the owner. City ofMiami Page 57 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Okay. For instance, enlighten me, if you could, Mr. Assistant Manager. There is a place in District 3, my district, that two months ago, I showed it to the Manager -- still there -- where I am told that it was an easement, and you could see it from the street that it appears to be an easement; it walks like an easement, smells like an easement, quacks like an easement, because there's a telephone pole with live wires on top that goes through what has become now a 34 - seat addition to a restaurant. What would happen to something like this if we passed this ordinance? Mr. Ihekwaba: Mr. Commissioner, if I understand correctly, a utility pole can be either in an easement or in an alleyway. It can be in either of them. This item has nothing to do with such locations. This item deals exclusively on easements that have been reserved for the use of Fire. To address the concern you raised about, perhaps, encroachment on the alleyway or the right-of-way, I will have Public Works look into that. If there's an encroachment, there is a Code Enforcement procedure to address that. Instances in the past about reason where folks had illegally encroached into such places and had to force them to vacate those locations. It could be unauthorized use, such as you described, or it could be someone had erected a fence or an extension of their building or their home, so we may have to Code enforce them to vacate the public right-of-way. So, if you give me -- I think may have a good idea as to what location you're referring to on 8th Street. Commissioner Carollo: I'm surprised that the Manager hasn't given all these addresses that he walked with me a couple of months ago. Mr. Ihekwaba: We -- Like I said, I think have a fair idea where you're referring to on 8th Street, and it's already under Code Enforcement. Commissioner Carollo: From, I think, about two weeks ago. Mr. Ihekwaba: Yeah, it is. The Code Enforcement process takes a while. Commissioner Carollo: The Code Enforcement officer that came from Commissioner Russell's district, when there was a call, because some of the merchants thought that someone might be doing work on a Saturday without permitting, but when the Code Enforcement officer came and asked for permits and so on, they did have permits; they just didn't have it posted on the wall. But the merchants that were concerned were correct to inquire, because if you're doing work on a Saturday and you don't have anything posted, it does look kind of peculiar, but these people were complying and they were doing what was appropriate. That Officer that came was pointed within the compounds [sic] of the Charter to that location so he could see it, and I think that's why we had a case that was open. But hope that the Administration really moves at these serious Code violations. When you have electrical live wires on top of where people are eating, where it's been going on, apparently for several years, and it's -- you could see it from the public, it didn't require anybody to have to point it out to employees. It's the kind of thing that not only is it a major Code Enforcement violation, but it's also a problem with the safety, the public safety of people that are eating there. I don't think anybody's going to feel good if you're eating in a place that you got live wires right on top of you that can come down any time. And on top of that, how it's open, built out; there's no permits, no anything, because I would assume that our City would not have issued permits for something that was illegal to begin with, but maybe I'm wrong in that, too. Thank you. Mr.Ihekwaba: Okay. Thankyou. ice Chair Russell: Thank you. Is there any further discussion? There's been a motion. There's been a second. All in favor, say "aye. " City ofMiami Page 58 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Aye. ['ice Chair Russell: I'm sorry. Commissioner Gort: First reading. lice Chair Russell: It's the cough medicine talking. Roll call, please. Todd B. Hannon (City Clerk): Roll call on item FR. 1. Commissioner Carollo? Commissioner Carollo: FR. 1 ? Lice Chair Russell: Yes. Commissioner Carollo: Okay. Lice Chair Russell: That's the item under discussion. There's been a motion and a second. Commissioner Carollo: Yes. Mr. Hannon: Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: bice Chair Russell? bice Chair Russell: Yes. Mr. Hannon: The ordinance passes on first reading, 3-0_ FR.2 ORDINANCE First Reading 3674 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Reyes Note for the Record. Item FR.2 was deferred to the April 12, 2018, Regular Commission Meeting. bice Chair Russell: FR. 2. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 59 Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 Victoria Mendez (City Attorney): FR.2 and FR.3 are a cleanup of Chapter 2, basically, complying with certain requirements, pursuant to public records and -- one second. I had my notes here. Lice Chair Russell: City archives. Ms. Mendez: Yes. And just -- It's really cleanup having to do with those type of things; when Commission meetings are held, the dates of that. Just, pretty much, complying with Florida Statutes when it comes to persons coming to speak before the City Commission, adding numbers where certain numbers have not been added, written -- Commissioner Carollo: Mr. Chairman. Ms. Mendez: -- notice for special meetings, and deleting some archaic language with -- regarding to the City Clerk's Office. So it's very much cleanup. Lice Chair Russell: Commissioner Carollo. Commissioner Carollo: I'd like to have the opportunity to sit with the City Attorney's Office on this item, so if 'we could defer this for the next meeting. bice Chair Russell: Is that FR.2 and FR.3? Commissioner Carollo: Yeah. If they're both together, it would be FR.3. bice Chair Russell: I believe they are together. They're related -- Commissioner Carollo: Yeah. bice Chair Russell: --Madam City Attorney? Ms. Mendez: They're both of Chapter 2. Commissioner Carollo: Yeah. bice Chair Russell: So there's a motion to defer FR.2 and FR.3 to the next meeting; is that correct? Commissioner Carollo: Correct. Lice Chair Russell: Okay. Is there a second? Commissioner Gort: Second. Commissioner Carollo: And I -- Madam Attorney, I don't see anything that would prevent me from voting on it right now, but I want to make sure; that's why I want to sit with you and go through it carefully. Ms. Mendez: That's fine. Commissioner Carollo: Thank you. bice Chair Russell: There's been a second by Commissioner Gort. Any further discussion on the deferral? All in favor, say "aye. " The Commission (Collectively): Aye. bice Chair Russell: Any opposed? Motion passes. That's 2 and 3. City ofMiami Page 60 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 FR.3 ORDINANCE First Reading 3701 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/OFFICERS," and Mayor BY RENUMBERING AND UPDATING LANGUAGE CONCERNING THE CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; ESTABLISHING A NEW SECTION 2-65 OF THE CITY CODE, ENTITLED "PUBLIC RECORDS'; DELETING IN ITS ENTIRETY SECTION 2-143 OF THE CITY CODE, ENTITLED "CITY ARCHIVES AND RECORDS MANAGEMENT PROGRAM"; DELETING IN ITS ENTIRETY CHAPTER 2/ARTICLE III/SECTION 2- 89 OF THE CITY CODE, ENTITLED "ADMINISTRATION/OFFICERS/SEVERANCE PAY FOR EXECUTIVE EMPLOYEES;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Reyes Note for the Record: Item FR.3 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record: For minutes referencing Item FR.3, please see Item FR.2. FRA ORDINANCE First Reading 3374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, SECONDER: AS AMENDED, ENTITLED "HISTORIC PRESERVATION," TO and Mayor ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY FROM SENDING SITES TO RECEIVING SITES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item FR.4 was continued to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For additional minutes referencing Item FR.4, please see "Public Comment Period for Regular Item(s), " Item AC. 1, and Item NA. 5. Tice Chair Russell: FR. 4. City of l halni Page 61 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 Commissioner Gort: Move it. Victoria Mendez (City Attorney): An ordinance of the Miami City Commission, amending Chapter 23 of the Code of the City of Miami, Florida, as amended. Francisco Garcia: Commissioners, Francisco Garcia, Planning & Zoning Director. FR.4 has two Planning & Zoning companion items, so I would request that we hear the item in conjunction with those in the afternoon session. Vice Chair Russell: Table it until the afternoon -- Mr. Garcia: Please. Vice Chair Russell: -- atPZ (Planning & Zoning)? Mr. Garcia: Thankyou. Vice Chair Russell: Fair enough. Move on to the resolutions, RE. 2. Commissioner Carollo: If -- Lice Chair Russell: Commissioner Carollo. Commissioner Carollo: Even though he asked for it to be tabled -- bice Chair Russell: Yes. Commissioner Carollo: -- so that we could move quicker on it in the afternoon, can I ask for the Planning Director to come back for a second? Is there anything in this ordinance that would require them, in order for us to grant this, to pay the City any dollars and to put it into a housing fund, the housing fund that we have? Mr. Garcia: Indeed, there is. Commissioner Carollo: There is? Okay. Mr. Garcia: Yes. Vice Chair Russell: Yeah, the concept that we've changed, and it will also change the TDR (Transfer of Development Rights) function, is that half of all bonuses will be bought from the Public Benefits Trust and not just through the TDR process. I think this is a great change, so -- Commissioner Carollo: Oh, yeah. bice Chair Russell: -- thank you for bringing that up, Commissioner Carollo. But we will table that item. Later bice Chair Russell: PZ.14. Mr. Garcia: Thankyou, Commissioner. Items PZ. 14 and PZ. 15 are companion items, and FR. 4, which was tabled this morning for the afternoon session is also a companion item, and together the three of them are intended to implement a new program which enables the transfer of density in the City ofMiami. Respectively, the items work as follows -- Is it appropriate for me at this time to also address FR.4 with your permission? City ofMiami Page 62 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 bice Chair Russell: Yes. Mr. Garcia: Thankyou. Item FR.4 amends the City Code; in particular, Chapter 23 of the City Code, which is the Historic Preservation Chapter. And what it does is it allows for properties that are designated either historic on a stand-alone basis, or are part of a historic district to transfer that portion of the density which is not used onsite to eligible sites elsewhere in the City, and these eligible sites are defined as sites that are either zoned T4, T5, or T6, but are also within transportation -oriented development areas. That's the arrangement in broad strokes. I'm happy to delve into more in depth in response to any questions you may have. And then Item PZ. 14 amends the Miami Comprehensive Neighborhood Plan to allow that density, that transfer of density to amount up to but no further than 50 percent of the already allowable density in the receiving site. And Item PZ.15 also provides for the zoning regulations that allow for this to happen, and specify, importantly, that the developers who seek to obtain additional development capacity by availing themselves of the Public Benefits Trust Fund need to cap the first 50 percent of those contributions of that availability of that program to TDR, and beyond that, all else will be dedicated to the Affordable Housing Trust Fund, and that way, we secure that there is a more level playing field, and that the Affordable Housing Trust Fund is more funded than it has been thus far. So that's basically the package in broad strokes. I know you'll have many questions; happy to answer any you may have. Commissioner Gort: Move it. Vice Chair Russell: It's been moved. I will second it for discussion. Chair Hardemon: We're on PZ. 14. Item PZ. 14 has been properly moved and seconded. bice Chair Russell: Is there an order in which you need them passed? Mr. Garcia: I would suggest that Item FR.4 is probably the denser in terms of the information it contains and the one that is likely to yield more conversation. And my preference would be that FR.4 be passed first; then PZ. 14 and PZ. 15, if that's your wish. Chair Hardemon: Canyon go between -- bice Chair Russell: PZ and regular? Chair Hardemon: -- PZ and regular, so I can just move into -- we can just talk about FR. 4 right now, and I don't have to --? All right. Then what we'll do is -- Commissioner Reyes: Mr. Chair? Yes, I have a question on this. As I understand this, if you have a property that been designated historical -- right? --you can sell the density to somebody else that it is going to -- build someplace else, right? Mr. Garcia: That is correct, sir. Commissioner Reyes: That is correct. I have a little fear with this; a lot of fear with this that the people would be designating their homes or their places, you see, historical, just for the sake that -- I mean, once they can sell the density, then they can sell the homes, you see. And also, I'd like to clarify the way that the houses are going to be designated historical, because, as I've heard, you see, and as it was spoke the day that -- and we talked specifically about some complaints that I had, and in Coconut Grove, that we voted here for -- to designate shotguns as historical. And now, you said that that has been increased to designating all wooden frames historical, and that they -- some of the neighbors complain -- I don't know, but I'm just --just don't want that to spill over to my district. They claim that the process, City ofMiami Page 63 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 it's very unfavorable, because they don't -- they have not been properly informed. There is no opt out. I mean, they don't have an ability to opt out. And as I stated my first day in this Commission, I am a firm believer in the right of the individual to its property, you see. And I am a little -- I mean, I'm not too sure about this. I'm not too sure about this, and I stated during our meeting, you see, I would like more information on it and -- but it is going to be designated, you see -- I mean, I don't know the consequences that this could bring, you see; consequences that it can bring, because we are -- Basically, what we are telling the people, "Your house is" - - "If you declare your house historic, you can sell the -- 'your air rights. " That's what it tell them, isn't it, basically? You see? And I don't know. It might have not consequences, but it might; it might. It might affect us in the long run in a negative way, you see. When we want to do a good deed, it might affect us. You see, that's my only concern. And also, that designation that -- what you said -- wood frames homes have been designated. You see, that is (UATNTELLIGIBLE) board that said, "Oh, this is historic. " If you designate all wood frames historic, you see, Little Havana is going to be designated historic. Liberty City, most of the homes there are going to be designated historic, you see. I have nothing against historic as long as they comply with the criteria of being historic, but not by a group of people that would come and tell me they are, you see, without any recourse. And I don't know. I don't know about this. And how far are we going to go in --? I mean, it is a TOD (Transit -Oriented Development); they're designated areas that they have to be near, only can be -- this can be only sold to people that have development -- developing within -- I'd say it is the -- any stations, right? ChairHardemon: Transit (UNINTELLIGIBLE). Commissioner Reyes: Metrorail? Metrorail stations, but only Metrorail station, on any other transit station? Mr. Garcia: It includes Metromover and Metrorail, both; and potentially, if Tri -Rail comes down to the area, which we expect it will, it would include those stations, as well. Commissioner Reyes: And the places that it's going to be sold, you see, to, they already must have been zoned, you see, zoned as a T4, T6, whatever, but they already be zoned. This doesn't makes a change in -- or an increase -- up -zoning? Mr. Garcia: That's correct. Commissioner Reyes: Is that correct? Chair Hardemon: Is there an objection of anyone on the board that would give Commissioner Reyes additional time to mull over this information, so we'll continue these items all together so that he has more time to --? Commissioner Reyes: Yes, I would love to sit down with you and clarify this. And if I may, you see, just clarify it and -- because I have a little -- I mean -- I don't know. It's like a little gut feeling; gut feeling that it could -- ChairHardemon: Mr. [ice Chairman ['ice Chair Russell: Thankyou. I completely understand the hesitation. This is a very new concept, and it's not fully baked. I'm getting a lot of feedback, as well. And even as the sponsor of it, there are some alterations I can already sense that will be made. Commissioner Reyes: Good. City ofMiami Page 64 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 b ice Chair Russell: But the intention -- and I'd like to be clear on this. So this has nothing to do with the method with which we designate, but it's actually meant to give something back -- Commissioner Reyes: Yes. lice Chair Russell: --to those who get designated. And so, creating a value for them so that there's less of a burden for designation; that actually finds a method that helps them pay for those restorations and renovations, and that's the objective and intention. What I'd really want to make sure is that we are thinking of the least among us, the most difficult situation that might be designated, and how this affects them to be able to comply with the needs. I'd like to understand the valuation a little bit better, because it seems to -- There's a few things to work on here. But I recognize your concern, but I do hope for your support in the long run, because I think this will help those with their property rights, because it has nothing to do with how and who gets designated. Commissioner Reyes: Okay. Basically, basically, I think it's a good idea. But my only concern -- You see, I have concern about designating, and I think that we have to talk in a -- later on. But that if this would not open a Pandora's Box that people that lives in any house that is a little bit old, they know that they can benefit from this, you see, and they will then request to be designated as historical for them to sell, because it's a business. You can sell the air rights, and then you can sell the home. Lice Chair Russell: Yeah, but have a feeling that the value of demolishing and flipping will always be much greater than this method. Commissioner Reyes: Okay. trice Chair Russell: So this isn't really -- no one's going to game the system and win Commissioner Reyes: But -- lice Chair Russell: -- by historic designation. Commissioner Reyes: Okay. Chair Hardemon: So that's why we want to give some time for us to mull it over. Commissioner Reyes: Yes. And we can talk about this and mull it over and -- Chair Hardemon: Andso -- Commissioner Reyes: Okay. I'm sorry, Mr. -- Chair Hardemon: -- I know there is a mover and a seconder. I'm sure they rescinded their motion and second. And what the Chair would ask is for a motion to -- well, we can defer this item to a time -- How long do you need to look over it? Commissioner Reyes: Well, the next meeting, then. Next meeting. Chair Hardemon: No. That might be too short. Commissioner Reyes: Huh? Chair Hardemon: It might be too short. City ofMiami Page 65 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: Well, the -- ChairHardemon: So the second meeting in April. Commissioner Reyes: -- second meeting in April, you see, so you can go over all the suggestions that you have gotten, and then I can get information from Francisco and he can answer. Maybe we can place some sort of covenant that if you sell -- You see, you cannot sell your home or you cannot -- don't make a profit because --just by requesting that (UNINTELLIGIBLE). T ice Chair Russell: I will move to defer. Would you like a motion? ChairHardemon: Yes. ti ice Chair Russell: Okay. I'll move to defer Item FR.4 to April 26, and continue both PZs.14 and 15 -- is it 14 and 15, or 15 and 16? ChairHardemon: 14 and 15; you're correct. Lice Chair Russell: 14 and 15 also toApril 26. Commissioner Reyes: Second. ChairHardemon: It's been properly moved and seconded to defer Item PZ -- Commissioner Carollo: PZ. 14 and 15, right? ChairHardemon: --well, to defer Item -- Vice -b Ice Chair Russell: FR. 4. ChairHardemon: -- FR.4 and then continue Items PZ. 14 and 15. Any further discussion? All in favor of the motion, say "aye. " The Commission (Collectively): Aye. ChairHardemon: Motion carries. And I love your command of "deferral" and "continue. " Lice Chair Russell: I thought you'd like that. I thought you'd like that. ChairHardemon: Which can be --it can be a little, you know, funny. END OF FIRST READING ORDINANCES City ofMiami Page 66 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 RE - RESOLUTIONS REA 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, ABSENT: BETWEEN THE CITY OF MIAMI ("CITY') AND THE VALENCIA Note for the Record: GROUP CORP., A FLORIDA PROFIT CORPORATION ("VALENCIA Day. „ 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- 640507, 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: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon Note for the Record: For minutes referencing Item RE.], please see "Order of the Day. „ City of1lianzi Page 67 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 ILI] I [s] 0 3697 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED JULY Improvements 18, 2017, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 16-17-041 FROM CDM SMITH INC. ("CDM"), THE HIGHEST RANKED RESPONSIVE AND RESPONSIBLE FIRM, FOR THE DEVELOPMENT OF A COMPREHENSIVE STORMWATER MASTER PLAN ("PLAN") FOR THE CITY OF MIAMI ("CITY"), ON A PHASED BASIS, ACCEPTING THE NEGOTIATED HOURLY STAFF RATES AND THE FULL PRICE PROPOSAL FOR COMPLETION OF PLAN, IN AN AMOUNT OF $4,299,588.68; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDING UNDER OFFICE OF CAPITAL IMPROVEMENT ("OCI") PROJECT NO. B -30632A, INCLUDING ADDITIONAL SOURCES OF FUNDING TO BE DETERMINED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST OF AND EXECUTE ANY AMENDMENTS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED TO COMPLETE ANY SUBSEQUENT PROJECT PHASES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING WORK ORDERS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE PSA, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0127 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon Tice Chair Russell: And ire will toke upRE.2, please, Stormwater 1�IasterPlan. Hector Badia: Hector Badia. I'm the Assistant Director of Office of Capital Improvements. RE.2 is the onthori a -- to anthori e the selection of CDA=l Smith for the development of the Citv's Comprehensive Stormwater IAlaster Plan and to onthori_e the execution of PSA (Professional Service Agreement) for this work. The frinancial impact is ,x4.3 million; schedzded for completion in Eebr raory 2020. City oflA=liarni Page 68 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 Commissioner Gort: Move it. ['ice Chair Russell: It's been moved by Commissioner Gort. Is there a second? Commissioner Reyes: Second. lice Chair Russell: Second by Commissioner Reyes. Any discussion? All in favor, say "aye. " The Commission (Collectively): Aye. T Ice Chair Russell: Any opposed? Motion passes. And that is our morning session. RE.3 RESOLUTION 3515 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH MOVER: ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of NEGOTIATE AND EXECUTE A RIGHTS-OF-WAY POLE Public Works ATTACHMENT AGREEMENT, IN SUBSTANTIALLY THE ABSENT: ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MOBILITIE, LLC ("MOBILITIE") FOR MOBILITIE TO ACCESS CERTAIN PORTIONS OF THE RIGHTS-OF-WAY WITHIN THE CITY TO PROVIDE COMMUNICATION SERVICES WITHIN THE CITY. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item RE.3 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item RE.3, please see "Order of the Day. " END OF RESOLUTIONS City ofMiami Page 69 Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 AC - ATTORNEY-CLIENT SESSION ACA ATTORNEY-CLIENT SESSION 3813 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE MARCH 22, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Tice Chair Russell: 11"e will now table the session and open a client-attornev session upstairs. Tictoria _l-Iendez (City Attorney): Thank von. I'll read the statement and you can all start going upstairs. 1Ir. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8) Florida Statutes, at the 1=1arch 8, 2018 City Commission meeting, I requested an attorney-client session, closed to the public, to be held for purposes of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC and Flagstone Development Corp. versus City of 1licani, Case _innber 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circnit, in and for -Miami-Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 1:48 and conclude approximately one hour later. The session will be attended by City of 1=limni Page 70 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 members of the City Commission, which include Chairman Keon Hardemon, Tice Chairman Ken Russell, and Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; Gonzalo Dorta, Esquire; Matias Dorta, Esquire, and Laura Besvinick, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. It'll also be attended by the Manager, Emilio Gonzalez. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you. i ice Chair Russell: The meeting is in recess. Chair Hardemon: (INAUDIBLE) back the March 22, 2018 meeting into session, if you will. Ms. Mendez: Chairman. Chair Hardemon: That'd be a good way of putting it. That is who I am, yes. Ms. Mendez: If I may, I just wanted to advise that your attorney-client session is over and that I misspoke when I read originally that the Manager was supposed to be in that meeting. He was not supposed to be in the meeting, and he was not in the meeting, so I just wanted to put that for the record. Thank you very much. Chair Hardemon: Thank you very much. Emilio T. Gonzalez (City Manager): I was dutifully expelled before the meeting started. Commissioner Gort: He was escorted out. T Ice Chair Russell: Barnaby bounced him. Chair Hardemon: I believe he was "happily" expelled. That was the word that you were looking for. I just want to make some -- just personal things. Item CA.1, that also -- that passed? Todd B. Hannon (City Clerk): Yes, sir, CA.1 passed. Chair Hardemon: CA. 3, is that deferred? Mr. Hannon: CA.3 passed. Chair Hardemon: CA.3 passed. Lice Chair Russell: CA.2 was deferred. Chair Hardemon: CA.2 was deferred. Mr. Hannon: CA.2 was (INAUDIBLE) April 12. Chair Hardemon: CA.4passed, correct? Mr. Hannon: Correct. Chair Hardemon: Okay. CA.7passed? Mr. Hannon: Yes, sir. City ofMiami Page 71 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 ChairHardemon: PH.1? Mr. Hannon: Yes, sir. ChairHardemon: Okay. SR.2 is what we still have to address. There's a motion on the floor currently, correct? Mr. Hannon: Yes, sir. Chair Hardemon: FR. 4, we haven't addressed yet? Mr. Hannon: No, sir. A0IeZe]y_lla1191V0WES1II;10kIN*M[a]0 City ofMiami Page 72 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 BU -BUDGET BUA BUDGET DISCUSSION ITEM 3239 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 Note for the Record: For additional minutes referencing Item BUJ, please see Item NA. S. Vice Chair Russell: We have a budget item. Mr. Rose. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. I emailed out the report this morning, so you all have it, and your staff has it as well. The books closed for the month of February on March 9. We're now five months through the fiscal year. I won't go into the details of the report, but I will say that we are projecting a net surplus -- budget surplus of $29.0 [sic] at the moment. I should point out that that's about $800, 000 higher than the report that I brought you last month, and it's about 3 percent variance on the total budget, so it's within a clear margin of error at this point. It has been stated in past reports that just because we have a budget surplus of 29 million, that does not mean the fund balance will increase 29 million, because we are using 17.4 million of prior year fund balance to fund capital projects. And I should point out clearly that not all of the 29 million can be spent or spent on everything. As you know, the -- Chapter 18 of the City Code requires $5 million to be reserved, according to the Financial Integrity Principles, so we're going to leave that unspent and in that projection. As well, nine and a half million is reserved for the Building Department so that we only spend Building Department revenues on Building Department expenses. So that leaves about 14 million of that 29 million for all other unbudgeted expenses in the current year, some of which have been voted on already by the City Commission, such as the $2 million settlement for tax abatement, things like that. So with that said, the mid year budget will be coming at the second meeting in April, and we will have good talks before then. And I'll be happy to answer any questions you have. Commissioner Carollo: Chris? Mr. Rose: Yes, sir. Commissioner Carollo: On that 29 million in reserves -- Mr. Rose: Yes, sir. Commissioner Carollo: -- how much of that was included in this year's fiscal budget? In other words, when we did the budget, how much of that 29 million was put down in a line item space -- City ofMiami Page 73 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Rose: Yes, sir. Commissioner Carollo: -- as reserves? Mr. Rose: I'm adding it up in my head as we talk. About 18 million of it. Commissioner Carollo: About -- Mr. Rose: Yes. So that'd be 5 million of reserve for Financial Integrity Principles -- Commissioner Carollo: Well, 18 million. Mr. Rose: Okay. Commissioner Carollo: So, between then and now, there's another 11 million that we seem to have identified -- Mr. Rose: Yes, sir. Commissioner Carollo: -- in additional reserves. Mr. Rose: Well, that we have identified that is almost exclusively -- it is exclusively on the expense side. We are underspending across all line items in all departments. With a few exceptions that are in the report, we are under -expending our budget. We are not coming in over on the revenue side; it's under -expending on the expense side. Commissioner Carollo: Okay. Well, you're looking at just a tad over I percent -- Mr. Rose: Yes, sir. Commissioner Carollo: -- with 11 million -- well, maybe not, because we got a budget of slightly over a billion, so that's within reason when you plan the budget. I just wanted to make sure that we weren't doing budgets that purposely had built-in surpluses. Mr. Rose: Any surpluses are clearly identified, sir. Commissioner Carollo: Thank you. Mr. Rose: Thankyou. Commissioner Gort: Question. Mr. Rose: Yes, sir. Vice Chair Russell: Commissioner Gort. Commissioner Gort: Just enlighten me a little bit. We projected $14 million, my understanding is, because we had less expenses, and that's where it projected at. Do we have, more or less, where the less expenses are taking place? Mr. Rose: There's not one place that is a large -- it just adds up across all the departments and the non -departmental accounts. So, no, I can't point to one that's causing it. Commissioner Gort: That's according to your projections -- City ofMiami Page 74 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Rose: Yes, sir. Commissioner Gort: -- of expenses? Those expenses can increase or decrease? Mr. Rose: Oh, yes, sir. Commissioner Gort: Okay. Thankyou. Mr. Rose: You're welcome. Vice Chair Russell: Thankyou, Mr. Rose. Mr. Rose: Thankyou, Commissioners. A01IX97a 111IZe]; I1 City ofMiami Page 75 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 3702 DISCUSSION ON THE EXPLORATION OF ALL OPTIONS FOR THE Department of CREATION OF A HOUSING AUTHORITY/HOUSING Community and DEPARTMENT. Economic Development MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: Item DLI was continued to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item DI.1, please see "Order of the Day" and Item NA. 5. END OF DISCUSSION ITEMS City of Vimni Page 76 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: All right. So what I'll do now is open up the floor for public comment. If you're here to speak on any of the items that are left on the PZ (Planning and Zoning) agenda -- that will be PZ. 7, PZ. 8, PZ. 9, PZ. 10, PZ. 11, PZ. 12, PZ.14 and PZ. 15 -- please approach any of the two lecterns. State your first name, your last name, you may state your address, and what item it is that you're here to speak about. So once again, if you're here for -- as a member of the public and you want to speak on any item that is left on the agenda, it's your opportunity to do so. Step to one of the two lecterns, state your first name, your last name, you may state your address, and what item it is that you're speaking of. You're recognized, sir. Commissioner Gort: Mr. Chairman, just -- My understanding is -- I'd like to hear 5 and 6 today. bice Chair Russell: (UNINTELLIGIBLE). Chair Hardemon: (UNINTELLIGIBLE). Commissioner Gort: Today, yeah. Chair Hardemon: We're not going to hear 5 and 6 today. t ice Chair Russell: I misunderstood. Sorry. Chair Hardemon: Okay. lice Chair Russell: Rescind; move to rescind? Chair Hardemon: Right. So -- yeah you can rescind it. You can move to rescind, yeah; that's fine. I ice Chair Russell: Move to rescind the previous motion. Chair Hardemon: Seconded by the Chair. Todd B. Hannon (City Clerk): So we'll just reconsider? Chair Hardemon: Well, no, because you still got to break it down. All in favor of the motion to reconsider, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Now, make the new motion now. Lice Chair Russell: I'll move for all the deferrals and continuances as noted, with the exception of 5 and 6. Chair Hardemon: Seconded by the Chair. Any further discussion on that motion? Seeing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. So PZ.5 and PZ.6 is also available for public comment. Public comment will now begin. City ofMiami Page 77 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Christine Rupp: Christine Rupp, Dade Heritage Trust. I'm here to speak in favor of PZ.15, the amendment of the ordinance to allow for transfer of density; Dade Heritage Trust, along with the people from the National Trust for Historic Preservation, and considerable outreach from Planning and Zoning, and I want to applaud Planning and Zoning for the outreach that they did. It was quite significant, reaching out to the Miami Architectural Developmental Construction Preservation Community and beyond to come up with this amendment to the ordinance, which will serve historic preservation well. And we're -- we have been working on this for months, and the board of Dade Heritage Trust is totally in agreement with the amendment to the ordinance. Thankyou. b ice Chair Russell: Thankyou very much. Arva Jain: Hello. Arva Jain, 720 Northeast 69th Street. I'm speaking in favor of PZ.15. I want to thank the Preservation Office for -- and actually, this City -- for providing initiatives and incentives for -- to encourage historic preservation. I think they recognize not just the economic value, but the social value. I would ask that in the resolution and to the Preservation Office that the final version, that it not exclude the same benefits for people that have been doing preservation currently, and that we -- and that those of us who have been doing thoughtful, contributing structure preservation be allowed to benefit from the same incentives; again, to the same high standards and with proof of investment so that for those of us who've worked really hard that we get the same considerations. And to the Commission and to the City officials, I'm -- it gives me a lot of pride and pleasure to say I live in a city where people not only care about preservation, but really care about culturally saving the heritage. So thankyou for allowing for this resolution to move forward. b ice Chair Russell: Ms. Jain, do you have a concern that, as written, you would lose the potential to sell the transfer density? Ms. Jain: Yeah. It's unclear in what's written so that for -- and again, you would have had to spend -- I think one of the great changes in this resolution is you have to put the money into the properties, and for those of us who have been doing that with all their TDRs (transfer development rights) and all the other incentives, it wasn't enough. And right now, the way it's written, it is unclear. So I would just like the same opportunities to benefit from the density transfer rights. Lice Chair Russell: I'll be glad to talk about that more between first and second. We'll bring it up today, as well, because how the -- what you can do with the money that is created, I don't know that we should be so tight on dictating, because if you've already spent it -- Ms. Jain: And again, to -- I'm not trying to put more burden on staff, either, so it would be only within the rules the way they're written. We just would like the same consideration. You know, this all started going back about 2010, so there's even a start date. So for -- and again, it can be for contributing structures and just proof of performance, really, so it would meet the same standards, no different, and, you know, I don't want to be penalized for having -- not --for having done the right thing, so to speak. bice Chair Russell: No, I agree, and I'm the sponsor of the item, and I'm -- I have to admit I'm torn about forcing the expenditure on the historic preservation, because if you've already spent it, if you've already been up -keeping, you know, you should be able to do whatever you want with it, I would think, because there is an argument to an extent that historic preservation limits somebody's financial potential with their property, anyway. I know the other side of the argument, as well, so I'm a little torn on that one, but we have some time to work it out, so Ill be glad to help clarify it and discuss which way to move. City ofMiami Page 78 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Ms. Jain: Right. I'm only asking for the monies that were spent. So I can tell you, for me, personally, I spent more dollars than what I got in TDRs. So Vagabond, for instance, I spent 6 million; I got 3. So on -- I have extensive books and records. Of course, I am a nationally -registered hotel now. So what I -- all I'm asking is that I think the law that's written is fair. I'm not objecting; just that for those of us where we can prove out that we spent more than what we already got that I would like to be treated under the same consideration. b ice Chair Russell: Understood. Ms. Jain: I --you know, I don't think people should be pocketing money from this. I think the important thing about this new resolution is it encourages people to put the money into the property. I support that, and I applaud that effort. ti ice Chair Russell: Thankyou very much Ms. Jain: Okay. Thank you. Lice Chair Russell: Is there no further public comment on any of the P&Z (Planning and Zoning) items left on the agenda? Hearing -- Yes, sir; please feel free to come up. State your name and which item you'd like to speak on, please. Adam Gettinger: Good afternoon, gentleman. My name is Adam Gettinger. I want to speak about PZ.6, the rezoning on South River Drive. I spoke at several of the other Zoning hearings and at the most recent, I was pleased to hear from Commissioner Gort and other Commissioners that the homes next door to the subject property would also be rezoned; the City would do a -- sort of an expedited planning for that and, you know, we were given a timeframe and everything. I spoke with my neighbors. Everybody is very happy. We all think it would maintain consistency along the waterfront. Everything seemed great. I left a message with several people within Planning and Zoning, and heard nothing back until we had a meeting last night, and it seemed as though very little or nothing had been done. So basically, as we have this PZ.6 item coming up, I would like to know that we have your continued support and that everything would go as was understood at the last meeting. Fm just basically reiterating and hoping that we will hear back. I should have contacted you directly, Mr. Gort. I contacted the assistance of Cejas -- Mr. Cejas, and Mr. Francisco Garcia, the planners, assistants, and never got a returned phone call. So we'd like to just know that things will be moving forward at this point. Thank you. Lice Chair Russell: Thank you very much. Yes, sir. Your name, please, and which item you'd like to speak on. Eric Bodin: Eric Bodin, speaking on the same item that he had there. The Miami River is a working river, and we tend to forget that there's people who make their living on there. We have the marine terminals, we have the boat repair shops, and we have the marinas. And we're trying to squeeze out as much property as we can for development. And I'm in favor of development, and let it go forward, but I'd like to see something established like the western boundary that we have out in the western part of the State -- or County. Like, you say, "Okay, at the 17th Avenue Bridge, we're going to encourage people to step forward for development. " Let the homeowner, the realtor, and the developer know that their projects are going to be encouraged. But one of the problems is when you have a lot of development along the river, we also have problems. Commissioner Gort knows this, because a couple years ago, at the 22nd Avenue Bridge, they were complaining about the noise from the ships and the terminal there. And it goes on and on, and the more bridge openings, more soundings for the bridge. So the more people you have there, the more complaints you're going to get. So let's just say you're going to establish a western boundary at the 22nd Avenue Bridge, or the 17th Avenue Bridge, and let everybody else work their way through the process of developing it as they see fit. City ofMiami Page 79 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 But don't choke out the marine industry. It's a livelihood that is depended on by lots ofpeople in the City ofMiami. Chair Hardemon: If you're here for public comment, you can all, you know, stand up to come to --you don't have to come one by one. Joaquin Mejuto: Hi. I'm here to speak on -- in favor of Item PZ.6. My name is Joaquin Mejuto. I live at 1459 Northwest South River Drive. Commissioner Gort: Bring the mike up, please. Mr. Mejuto: Okay. Commissioner Gort: Bless you. Mr. Mejuto: Thank you. I live at 1459 Northwest South River Drive. I'm -- a corner of my property is also in consideration for the overall zoning change on the strip, and they kind of left out the upper half of my property, which I don't know who to see about it. I've been around, but everybody refers me back to the Planner; the Planner to Zoning. And I'm in favor of the project. I've lived in the neighborhood over 20 years. And it's nice to see that, you know, something refreshing is going to happen. There's new blood coming in, and it might encourage a lot of greater things in the future. Thankyou. Chair Hardemon: Is there anyone else here from the public that'd like to speak? Carmen Garcia: Carmen Garcia, 152 Northwest 34th Street, Miami, Florida 33127. I been a resident 33 years in Wynwood. I'm here to talk about PZ.9, which I am against. I believe this is going to bring more traffic into the area, which we know we don't need any more. And I think that as a resident of Wynwood, I deserve to have a voice. And I'm not sure that I'm being understood when it comes to traffic. I mean, this is something that -- I would like for either one of you to walk into the neighborhood a Friday afternoon, and maybe you can understand how this zoning thing, you know, is affecting the area. So my vote against PZ.9 is absolutely no. I'm against it. Thank you. Idania l alentin: Good afternoon. My name is Idania i alentin. I'm also here in behalf of 103 people living in Wynwood that are against the PZ.9 zoning change. We have an overload of traffic, as is. We can't go in our cars out anywhere. We have the problem of children in our community not being able to cross streets. We don't have speed bumps. We don't have enough lights. People take from the avenue, crossing between our houses, and it's horrendous. And I think it's very important for us to keep our elderlies and our children safe, and we wish our Commissioners could help us in some way or another with this problem. We have too much traffic, as is. We have people parking in front of our houses, in front of our parking lot. We call the police. It takes half an hour for the police to get through in front of our house because of traffic. And with this development that's going to be going on, and which has already been approved, changing it to a zoning for commercial, it's only going to bring more people to our neighborhood, more traffic to our neighborhood, and 99 percent of everybody who is voting 'yes" does not live there. And I thank you very much. Theodora Long: Hello. My name's Theodora Long, and I live at 901 Northwest 14th Court in the neighborhood called Grove Park, which is in Commissioner Carollo's district. I'm here to speak on PZ.5 and 6. I was very happy to hear that Commissioner Gort relayed my message about perhaps there being amendment to the TR -4 zoning change; that for forevermore, they would not -- because in TR -4, you can have five different commercial types of businesses. So I would suggest that since the rest of the neighborhood is single-family residential that the TR -4 only be City ofMiami Page 80 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 for residential use. I know that this developer that's coming in now is residential use, but 20 years down the road, it may change. So I'd just like for you to protect our neighborhood, Grove Park, which was one of the first subdivisions in Miami, way back in the --early 1919. So thank you, and I hope you consider protecting our neighborhood. Commissioner Gort: Yes, ma'am. Chair Hardemon: Is there anyone else that'd like to speak on any item on the agenda? Seeing none, I'm going to close the public hearing at this time. PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: All right. So what I'd like to do now is switch over to the Planning and Zoning section of it, so if you can, once you have your tape correctly -- have you -- you don't have to do that anymore; better technology, can you -- Well, Madam City Attorney, I guess you -- can you start? And then, we'll go to our City Attorney -- to our City Clerk. Victoria Mendez (City Attorney): Yes, Chairman. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair by 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 may be heard at such later date before the City Commission takes action. 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 -- may --first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be set forth as stated in Miami 21 and the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testifying must be sworn in. The City Commission 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 action requested. Any documents offered to the City Commissioners that have not been provided at least seven days before the hearing 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 and Zoning items -- any of today's Planning and Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. City ofMiami Page 81 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Hannon: Thank you b ice Chair Russell: Mr. Director, are there any deferrals or continuances within the Planning and Zoning agenda? Francisco Garcia (Director, Planning): Yes, sir, there are. Item PZ.1 is being requested for a continuance to May -- rather, a deferral -- to May 24, and Item PZ.2 is being requested for an indefinite deferral. Vice Chair Russell: Is that all? Mr. Garcia: Those are all the ones that have been requested officially. And if the Commission wishes to act on those -- and I understand that there are applicants for those that may want to speak up -- on them, as well. We, as the Administration, would also recommend the continuances for further study and consideration of two other items, but I understand that some of the applicants involved may not be in agreement with those, so I'll simply place them before you for consideration; they are Items PZ.3 and PZ.4. Again, we would benefit from having additional time to research this particular item. And Items PZ.5 and PZ.6, we would also benefit from additional time to research and consider these items. But once again, I believe the attorney for the applicants is here, and they may wish to make a statement on the record. bice Chair Russell: Thank you. I can comment on PZ.3 and 4. I'd like to thank the applicant. They've been working diligently with my office, and they are looking to proffer a covenant, which I believe starts -- it may set the template [sic] moving forward for how we deal with certain up -zonings, like this one. We were looking to find a way to preserve affordability when an entitlement is requested, and what we're looking at in this case is the potential to start a trend, if you will, and maybe a larger application for zonings in the future; but the idea being within the up -zoning -- or within the entire project after an up -zoning is created -- that certain affordability could be done onsite, or a payment into Affordable Housing Trust Fund can be done offsite, and in this case, it looks like we're getting there. And what we were looking at was about a 10 percent workforce or a 5 percent affordable, or a 2 and half percent ELI (extremely low income) onsite set-aside of units, and it looks like we're getting there. And so, we're going to ask for a two-week deferral of this item just to button it up and bring it back to Commission on the -- which date is that, Mr. Clerk? Mr. Hannon: April 12. Vice Chair Russell: Yes, the April 12 meeting. And that's PZ.3 and 4. Chair Hardemon: You sure that's enough time for you to --? Or for the covenant, it doesn't have to necessarily be put into the record; is that correct, Madam City Attorney? The covenant doesn't necessarily have to be put in -- it could be supplemented on the dais? Ms. Mendez: Before the item is approved, we need to have that covenant, yes. Ben Fernandez: Right. Chair Hardemon: Are you comfortable with that? Ms. Mendez: At least in theory. Mr. Fernandez: Yes. Vice Chair Russell: We're actually quite close, I think. City ofMiami Page 82 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Fernandez: We're very close. Ms. Mendez: Okay. Mr. Fernandez: We'll be submitting something to your office early next week. Ms. Mendez: Right. Before -- Chair Hardemon: And who might you be, sir? Ms. Mendez: Okay. Chair Hardemon: Who might you be, sir? Mr. Fernandez: I'm sorry. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicants on 3 and 4. Chair Hardemon: So the -- it's been properly moved; seconded by the Chair, to defer to -- what is it; the first meeting in April? Mr. Fernandez: 12, April 12. Mr. Hannon: Right now, I have PZ.1 to be deferred to May 24. Chair Hardemon: Oh, there's no motion on the floor for everything. Mr. Hannon: No, sir. Chair Hardemon: But the proffer is for 3 and 4 to be deferred forApril --? Mr. Hannon: Yes; April 12. Chair Hardemon: Okay. Mr. Fernandez: Yes, sir. Chair Hardemon: Are there any other items that need to be with -- deferred, withdrawn, tabled, continued? Mr. Garcia: Yes, sir. I placed on the table for your consideration that Items PZ.5 and PZ.6 would also benefit from additional consideration -- at least by us, your staff -- to produce a report that we are under the impression has been requested by the City Commission, but I defer to the board. Chair Hardemon: Do you know -- Commissioner Gort: My understanding is -- this is my district. PZ.1 -- PZ.5 and 6, we already passed it with a certain covenant being forward to it. I would like to see, in addition to the covenant with no commercial use of the area. That was approved already, and there's quite a few benefits that have been brought to it, so I'd like to hear -- the study needs the additional -- That piece of land on south -- Northwest South River Drive, it's an island by itself- it's been there for quite a bit; that we haven't seen any changes taking place in there. So I request that they -- at the request from the neighbors abutting this new -- that was approved in the first reading that they would like to get and receive the same zoning, and that's what they're looking at, and that's what the Planning Department is doing the search on right now, the -- but that other one was -- already was passed on the first reading and I'd like to hear on second reading. City ofMiami Page 83 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 ChairHardemon: Okay. Is there any other item? Mr. Garcia: Yes, sir. In addition, we've received a request, but once again, I don't believe there is consensus, so I submit it for your consideration, but there is a request we have received for a continuation of Item PZ.13, an appeal of a HEP (Historic and Environmental Preservation) Board decision to approve a special certificate of appropriateness, and I believe the gentleman is here to address that issue. Lowell Kuvin: Yes. My name is Lowell Kuvin, 17 East Flagler. I represent the appellants in PZ.13, and then we've asked for a deferral on this particular issue. I've had a chance to speak with opposing counsel, who I think wants to say something. ChairHardemon: Canyon step to this lectern? Mr. Kuvin: PZ.13? ChairHardemon: Correct, understood. Mr. Fernandez: Good afternoon. Ben Fernandez here, as well, ready to defend the approval, but we would defer to Mr. Kuvin's request. If he needs additional time, we understand. Mr. Kuvin: And have it set on the April -- I think -- what is it? --April 26 -- Mr. Fernandez: The first --the PZ meeting, the second meeting in April. ChairHardemon: Okay. And that's 13? b Ice Chair Russell: Yes. ChairHardemon: Yeah. Duly noted. Thankyou. Is there any other request? Mr. Garcia: Not that I'm aware of, sir. ChairHardemon: All right. Is there a motion in accordance with what was been -- what's been asked? Mr. Hannon: Chair, would you mind if I just read it one more time, just so we're all on the same page? ChairHardemon: That's fine. Mr. Hannon: Okay. So I have PZ.1 being deferred to May 24; PZ.2 being indefinitely deferred; PZ.3 and 4 being deferred to April 12. I have PZ.5 and 6 being continued to April 26, and PZ.13 being continued to April 26. Thank you. Vice Chair Russell: I moved it. Chair Hardemon: It's been properly moved, seconded by the Chair. Any further discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. ChairHardemon: Motionpasses. City ofMiami Page 84 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PZ.1 RESOLUTION 3181 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION Department of PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, Planning 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo Note for the Record: Item PZ.1 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. 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: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo City of-Wianzi Page 85 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 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, AYES: THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS ABSENT: 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort, Carollo, Reyes Note for the Record: Item PZ.I was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Part B: PZ - Planning and Zoning Item(s). " PZ.2 ORDINANCE First Reading 3517 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 76-8-1-," URBAN CORE - LIMITED, TO 76- ABSENT: 12-L," URBAN CORE - LIMITED, OF APPROXIMATELY 0.55 ACRES (23,939 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1136 NORTHWEST 8 AVENUE, 1146 NORTHWEST 8 AVENUE, 1145 NORTHWEST 11 STREET ROAD, AND 1157 NORTHWEST 11 STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo City of-Wianzi Page 86 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZ.2 ORDINANCE First Reading 3517 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 76-8-1-," URBAN CORE - LIMITED, TO 76- 12-L," URBAN CORE - LIMITED, OF APPROXIMATELY 0.55 ACRES (23,939 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1136 NORTHWEST 8 AVENUE, 1146 NORTHWEST 8 AVENUE, 1145 NORTHWEST 11 STREET ROAD, AND 1157 NORTHWEST 11 STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo PZ.2 ORDINANCE First Reading 3517 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 76-8-1-," URBAN CORE - LIMITED, TO 76- 12-L," URBAN CORE - LIMITED, OF APPROXIMATELY 0.55 ACRES (23,939 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1136 NORTHWEST 8 AVENUE, 1146 NORTHWEST 8 AVENUE, 1145 NORTHWEST 11 STREET ROAD, AND 1157 NORTHWEST 11 STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item PZ.2, please see "Part Br PZ - Planning and Zoning Item(s)." City of-Wianzi Page 87 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZ.3 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 AYES: PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES ABSENT: 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.3 was deferred to the April 12, 2018, Regulm Commission Meeting. PZ.3 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: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo City of-Wianzi Page 88 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZ.3 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 AYES: PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES ABSENT: 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.3 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ.3, please see "Part B: PZ - Planning and Zoning Item(s)." PZA ORDINANCE Second Reading 3112 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 74-1- TRANSECT 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was deferred to the April 12, 2018, Regular Commission Meeting. City of-Wianzi Page 89 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZA ORDINANCE Second Reading 3112 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 74-1- TRANSECT 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: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Reyes ABSENT: Carollo PZA ORDINANCE Second Reading 3112 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Department of CHANGING THE ZONING CLASSIFICATION FROM 74-1- 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.4 was deferred to the April 12, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ.4, please see "Part B: PZ - Planning and Zoning ltem(s)." City of-Wianzi Page 90 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZ.5 ORDINANCE Second Reading 3403 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13753 MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.5)vas continued to the April 26, 2018, Planning and Zoning Commission Meeting. PZ.5 ORDINANCE Second Reading 3403 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13753 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo CCih' of llianni Page 91 Printed on 05'07'2018 City Commission Meeting Minutes March 22, 2018 PZ.5 ORDINANCE Second Reading 3403 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13753 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Carollo. Reyes Note for the Record: For additional minutes referencing Item PZ.5, please see "Public Comment Period for Regular Item(s), " "Part B: PZ - Planning and Zoning Item(s)," and Item PZ. 6. Chair Hardemon: I'm going to bring our attention to PZ.5. PZ.5 is an ordinance, Madam City Attorney -- oh, I'm sorry. Barnaby Min (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Mr. Fernandez, you're recognized Ben Fernandez: Good afternoon, Mr. Chair, members of the board. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. This is, of course, second reading, and we were instructed between first and second reading to consider a contribution, or put together what we are proposing in favor of the community, and we've done so in the form of a covenant. What I've distributed to you is essentially an explanation. By the way, I begin by saying that we -- There was a neighborhood meeting last night together with the Planning Department at Jose Marti Park. It was well attended, and I think that there were no objections to the rezoning that Commissioner Gort has discussed and recommended from what is the study area. Now, I understand that there may be other residents from outside of the study area, but when I say, "the study area, " I'm talking about the triangle that is comprised of the land that is east of 17th Avenue and north of the expressway, which was essentially carved out of the Park Grove neighborhood years ago, when the highway was developed in the '60s. So what you have today is sort of a subset of that neighborhood that is now facing the River Landing Special Area Plan, and is also, as we understand it, going to be abutting an expansion that MDTA (Miami -Dade Transit Authority) is working on, on the Cloverleaf exit therefrom the expressway onto 17th Avenue. So the area has changed in our opinion, and is more suitable now for T4 multi family development. What we've proffered is a covenant that describes all of the improvements that we're providing. We are providing access to the public along City ofMiami Page 92 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 the river, which is not required under T4 -R, and that will be allowed from 6 a.m. to 10 p.m. We're, of course, creating the riverwalk experience, itself, and funding it. We're also improving 16th Avenue. There is a median there that is essentially a small park for the area that we will be improving, providing new sidewalks, pavers, landscaping. We'll also be working on the drainage that is a problem on -- in that area around the park. We're making vessel dockage available along the Miami River, and we are also agreeing to proffer a contribution towards the Public Benefits Trust Fund of $28,674. And the way we came to that amount is essentially by taking the delta between what is allowed today in terms of density and what the increase would be, which is approximately 47 units, and then calculating 20 percent of those 47 units comes to approximately 9.5 units. When you assume a typical land cost for acquisition of affordable housing in this area, we put it for land acquisition at approximately $30, 000 per unit. That would come to a total contribution for -- based on a 20 percent of the density increase of 47 units -- of $286,740. The preliminary costs associated with the improvements to 16th Avenue and the river improvements, the seawall on 16th Avenue, come to approximately $512,450. So when you do the math, the subtraction of the improvements from what the contribution would be, you come to a 28,674 dollar amount. So we think that that's a generous contribution, over and above the cost of improvements to the public realm. Commissioner Carollo: What is the amount again? Mr. Fernandez: 28,600 -- Commissioner Carollo: 200? Mr. Fernandez: -- the cost of the -- all of the improvements? Commissioner Carollo: No, no, no. The -- what you're contributing, 260 -- Mr. Fernandez: $28,674. Commissioner Carollo: 28, 000? Mr. Fernandez: Yes, sir. Commissioner Carollo: Okay. So that 268, was -- that was for something else, right? Mr. Fernandez: That was -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Fernandez: Yeah. We're spending more offsite is the idea. Commissioner Carollo: Okay. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: The lady that was from my district that spoke before, could I get the Chair's approval for me to bring her up again? I'd like to ask her a couple of questions on this application. I think if she's been willing to take out time to come all the way down here, she deserves the attention to what she wants to explain, and more than two minutes in this case. Ma'am, what is your basic concern with this project? See if l could understand you. Theodora Long: Our basic concern was the up -zoning. We've been a single-family residential neighborhood since the beginning of the City ofMiami, 1919. Commissioner Carollo: That's true. City ofMiami Page 93 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Ms. Long: So there -- we don't want commercial businesses in our neighborhood. I've lived in my home for 39 years. I live basically across the street from the waterfront homes and, yeah, the neighborhood eventually -- hopefully, now that all the original owners who built those homes have passed away and they're thinking now the new owners will probably go historical, so having these new apartments, you know, next to a historical neighborhood -- We're just trying to preserve the heritage of Grove Park. Commissioner Carollo: I understand. And you answered my second question, which was how far you live from it. Ms. Long: Oh, okay. Commissioner Carollo: So you're right across from it. Ms. Long: Right. I'm across the -- right. So if Joaquin sold his property to a marina or a -- any commercial property that's allowed in a TR -4, I would look -- when I walk out my front door, I would be right across the street from that. Chair Hardemon: Can you describe what the street is, the -- I want to talk -- ask the attorney. What's the street that divides --? Six -lane highway, two-lane highway, one- way street? Commissioner Gort: Mr. Chairman. Chair Hardemon: You have it? Okay. Commissioner Gort: Let me explain something. When I was at Miami High, most of my friends lived there in Grove Park, so that's a beautiful neighborhood, very beautiful homes in the area. It's a great area. But unfortunately, what's happened to the City of Miami, any time you have an expressway taking place, they divided this whole section out of the Grove Park You had the I-95 going through here -- not 1-95, but 826. So that separated this whole line of business in here. Then you had the buildings here for affordable housing right next to it. This is the area we're discuss -- we're concerned about. I need to explain to the other gentleman this application, we're going to -- we're doing the analysis and the study for the rest of the -- this area here. But it has to go through the process that they went through. They had to go through the Planning and Zoning Board. And I'm going to make sure that that gets done, and I instructed the Planning Department to do that. It cannot be expedite position. I wish we could do that today, but we can't, because the process we got to go through. Commissioner Carollo: Yeah. I see the Planning Department is recommending denial on both, also. And this is second reading that we're hearing it on. You had mentioned, counselor, that you had a good amount of residents that came to Jose Marti Park. Mr. Fernandez: We did. Some of them spoke earlier. And also, we're not doing anything commercial on this property. Commissioner Carollo: Yeah. Approximately -- Mr. Fernandez: It will remain -- Commissioner Carollo: -- how many residents came when you held the gathering at Jose Marti Park? Mr. Fernandez: Well, I would say that there were approximately 20 residents there. City ofMiami Page 94 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: That's a pretty good number to get out at night. Ms. Long: Unfortunately, they were only four residents that live -- that don't live on the waterfront. All the waterfront residents were there, because they have a vested interest in having the zoning change. Commissioner Carollo: Okay. Ms. Long: None of the other residents were really notified by the City. We did hand out a flier the day before; but again, with short notice, residents just don't come out. Commissioner Carollo: Yeah. Chair Hardemon: But, ma'am, on this map that I'm looking at -- Ms. Long: Yes. Chair Hardemon: --where is your property located? Ms. Long: On -- Chair Hardemon: Don't speak until you get towards this microphone. Ms. Long: It's right here. This is Joaquin's house, which he said his house was not part of, you know, this. And I live right here, so the expressway goes -- Chair Hardemon: So the expressway separates you. It's above you. Ms. Long: Yeah. (INAUDIBLE). Mr. Min: Her comments are not being picked up. Commissioner Carollo: Okay. So the -- you're on the other side of the expressway; not on the side they're building. Ms. Long: My house butts up to the Robert King High, yes. I'm on the other side; I'm on the south side of the 836 Expressway. Commissioner Carollo: Okay. So I guess your concern is that that's going to spread to your side. Ms. Long: Well, no, it is, because when the new -- when you now rezone all the waterfront homes, which is coming down to the next Planning and Zoning thing, that will be directly across the street from my house. Commissioner Carollo: Okay. Chair Hardemon: So you believe the waterfront homes that are there or those areas that are on the waterfront should be single family? Ms. Long: Well, what's being built across the river from them is River Landing, which is going to be a 21- or something high-rise, with restaurants, Ross for Less, a Publix. No, I just don't want -- If the zoning goes to TR -4, I just don't want any commercial businesses in Grove Park, whether the waterfront homes -- you know, as Commissioner Gort said, they were no longer in Grove Park. Well, they are in Grove Park, because South River Drive is a one-way street going towards 17th Avenue. So I have to pass -- You know, everyone in Grove Park has to go past this new City ofMiami Page 95 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 development. I'm not in opposition of the apartments. I'm in opposition of commercial property being infiltrated into Grove Park. Chair Hardemon: So let me ask -- and I don't live in the -- I don't live in this space. Where I live at, and probably where most of the Commissioners live -- I'm assuming, because I haven't been to their homes -- there's -- We typically have residential properties on our street, and at the end of it, there's a commercial -- there's commercial -- a commercial lot. So I live on a street that abuts, of course, an avenue. And if you're closest to a main thoroughfare or avenue, there's commercial. And so, what you're describing in this area is that there is no commercial that's near the main -- I mean, any main thoroughfare; that it's all residential, right? So if you were putting residential -- or if you were putting commercial anywhere -- and this applicant is saying that he is not -- but if there was any commercial that was in this space, would it not be best on this South River Drive, where it's a highly -traveled road? Ms. Long: No, it isn't a highly -traveled road, because it's a single -lane street; it's not a commercial street. Its not -- it doesn't -- it dead -ends at Robert King High, and then it goes along South River Drive to 17th Avenue. Chair Hardemon: Is Robert King -- Ms. Long: So it -- Chair Hardemon: -- High a high school? Commissioner Carollo: No, no, no; a senior center. Ms. Long: No. Robert King High is an elderly facility, a HUD (Department of Housing and Urban Development) elderly facility. Commissioner Gort: Four-story buildings. Ms. Long: So actually, South River Drive is a dead-end street in Grove Park. If you don't go down one of the little side streets, you can't enter South River Drive. Commissioner Carollo: Right. Chair Hardemon: Okay. Commissioner Carollo: Are you planning on doing any commercial? Mr. Fernandez: There's no commercial and -- Commissioner Gort: One of the things I requested -- Commissioner Carollo: I want to have it on the record. Commissioner Gort: -- he's going to volunteer no commercial use in there. Commissioner Carollo: Yeah. Well, what's your height that you're going; how many stories? Mr. Fernandez: It's three stories. Commissioner Carollo: Three stories. The -- Mr. Planning Director, do I have to send out a memo to the Manager so that you can speak to me, or are you allowed? Francisco Garcia (Director, Planning): I'm not only allowed to, but glad to, sir. City ofMiami Page 96 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: Thank you. In this zoning, does it allow commercial? Mr. Garcia: No. And thank you for the question, Commissioner. I was actually waiting for the right time to interject. The -- to clarify this particular issue, the T4 ­R zoning designation which is being sought does not allow any commercial use. Commissioner Carollo: So it's not allowed. Okay. Mr. Garcia: Correct. However, because I want to be -- Commissioner Carollo: Yeah. Mr. Garcia: -- (UNINTELLIGIBLE) and clear about this, what is allowed through a warrant process is, for instance, a bed and breakfast. We consider that a lodging use, but it could be considered a commercial use, so I wanted to make certain that we address specifically the sorts of uses that you are concerned about to actively preclude them, because, again, those uses are not allowed. Chair Hardemon: But we have that already. We have short-term vacation rentals all throughout the City ofMiami. I know there's one across the street from me. Commissioner Carollo: Yeah. Mr. Garcia: I don't agree with that, sir. Chair Hardemon: That's considered a bed and breakfast. Commissioner Gort: They got permits. Chair Hardemon: They change every day. Ms. Long: A daycare center. Mr. Garcia: Precisely. So I want to make -- again, not to elaborate too much further but to be clear. I wanted to get a better sense of what her concerns are so that the applicant may address them, because, again, commercial uses, as we understand them to be, are not allowed in this particular designation. Commissioner Carollo: And that's important. That's what I wanted to get on the record, because there's no need to get them to proffer something or even put a deed restriction in this up -zoning if it's not allowed. So -- Ms. Long: But last night, when the Planning and Zoning Board had it up on the big screen, it said they could have a marina there; they could have a daycare center; they could have a bed and breakfast; they could have -- there were five items. I'm not sure what the last two were. So I'm just going by what the City has announced to us. Commissioner Carollo: Well, I appreciate it. Mr. Director? Mr. Garcia: Yes, sir. And so, what I will list are the uses that you might be potentially concerned about, and I am going to list all the non-residential uses, so I'll place it in the reverse -- Commissioner Carollo: Yeah. Mr. Garcia: -- that could be allowed in the area. They are as follows: Bed and breakfasts are allowed through the warrant process. There are recreational facilities and religious facilities allowed, as well; those are allowed throughout the City. There City ofMiami Page 97 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 are marinas allowed by exception that requires public hearing, but that is a use that is allowed on this property, should the T4 -R zoning designation -- Commissioner Carollo: Bringing on commercial -- Commissioner Gort: There's two different type of marina. The marina that they had - - they already had marinas in therefor their own boatyard. Mr. Garcia: Right; recreational, not commercial, sir. Commissioner Carollo: Recreational, okay. Mr. Garcia: Yes, sir. And there are a few educational uses. I'll read them quickly. They are childcare facilities, elementary schools, middle/high schools, and preschools, and that's it. Commissioner Carollo: None of those, I think, would be coming there, but I think it's important that we get on the record what could or could not go there, and I'm glad that this resident is sharp, and she remembered what she saw last night. What -- ChairHardemon: Thankyou, ma'am. Commissioner Carollo: -- would you proffer on the record that none of the activities that were mentioned by the Planning Director that you're going to put them there? Are you able to? Mr. Fernandez: We're doing residential, and the marina use is there today. We're keeping it. But it's a residential marina; it's not a commercial marina. Commissioner Carollo: Yeah, I understand that. It's okay. Mr. Fernandez: With respect to -- the bed and breakfast would require a warrant, which is not by right; it's an administrative process. Commissioner Gort: They would have to come in front of the Commission. Commissioner Carollo: Well -- Mr. Fernandez: Yeah. We're not -- we're only -- we're willing to commit on the record that we're not doing any sort of lodging activity -- Commissioner Carollo: Okay. Mr. Fernandez: -- bed and breakfast, or otherwise. Commissioner Carollo: I didn't think you were going to do a bed and breakfast. Frankly, it's more of a chance that whatever is there now would do a bed and breakfast than anything you're going to put in there. Mr. Fernandez: That's right. Commissioner Carollo: So, you know, I wasn't concerned about that. Mr. Fernandez: That's right. Commissioner Carollo: The residential marina addition that's there, approximately how many slips are we talking about? Mr. Fernandez: 14. Yeah, 14 existing. We're not changing that. City ofMiami Page 98 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Carollo: 14? And what's the length that you have on the river? Mr. Fernandez: 50 feet into the river, but the length of the water is about 300? Commissioner Carollo: The length, the length. Mr. Fernandez: 300 feet. Commissioner Carollo: Okay. So 14 is extremely reasonable -- Mr. Fernandez: Yeah. Commissioner Carollo: -- in 300 feet -by -15 into the river, and that's residential. Well, I hope that what you're hearing is going to relieve somewhat your concerns, ma'am. They're proffering that they're not going to do certain things that they could do there. Residential boat slips are there already, so they're basically going to be using those, and they're only going three stories. Looking at what's been happening in waterfront property, I would say that the residential neighborhood is getting as good as it probably could, because, you know, you see across from you what's happened. I feel for you and so many residents, not only in your area, but throughout the City of Miami that you don't want to make more money; you just want to be able to stay as long as you can in your own home, being residential. It's a changing city; not all of it for the good or better, but at least I feel better that we could keep it at a very low density, because next year or the following year, whenever, the next Commission, they might just approve one of those 20 floor skyscrapers across. So I'm -- you know, I'd like to compliment you for coming here, expressing your opinion, taking pride in your right as an American citizen. I wish more people in the City of Miami would do that. Thankyou. Commissioner Gort: Commissioner, I can tell you Mrs. Long has been involved in this community for a long, long time, and she knows -- she's got my number and everything. She can call me direct. For the reasons stated before, I make the motion to approve, but I want to make sure that I'm sponsoring the extension of this zoning within the area. And I explained to you the process why this cannot be expedited today. They have to go through a process. But I'll be sponsoring that, so it's going to be happening. Commissioner Carollo: Well, that would only be fair, I think, Commissioner Gort. I second the motion. Mr. Min: And Mr. Chairman, can I clarify? I believe there are a number of proffers that were made. Those proffers would be for the companion item, PZ. 6, which would be the rezoning. Commissioner Carollo: Okay. Chair Hardemon: Been properly moved and seconded. Seeing no further comments from anyone on the dais, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City ofMiami Page 99 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PZ.6 ORDINANCE Second Reading 3404 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 "T3 -L," SUB- URBAN -LIMITED, TO "74-R," GENERAL URBAN—RESTRICTED, FOR APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13754 MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.6 was continued to the April 26, 2018, Planning and Zoning Commission Meeting. PZ.6 ORDINANCE Second Reading 3404 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 "T3 -L," SUB- URBAN -LIMITED, TO "74-R," GENERAL URBAN—RESTRICTED, FOR APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13754 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo City of1lianzi Page 100 Printed on 05/07%2018 City Commission Meeting Minutes March 22, 2018 PZ.6 ORDINANCE Second Reading 3404 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 73-1_," SUB- URBAN -LIMITED, TO 74-R," GENERAL URBAN—RESTRICTED, FOR APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13754 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATI, MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissionei AYES: Hardemon. Gort. Carollo, Reye< ABSENT: Russell Note for the Record: For additional minutes referencing Item PZ. 6, please see "Public Comment Period for Regular Item(s)," "Part B: PZ - Planning and Zoning Item(s)," and Item PZ. 5." Chair Hardemon: PZ.6. Can you please read it into the record? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Barnaby Min (Deputy City Attorney): Also, Mr. Chairman, if I can clarify, the covenant that is in your backup, the only conditions are -- concern access to the water. I believe there are a number of other proffers that were made on the record. Those proffers will be a part of the covenant; is that correct? Ben Fernandez: Correct. Commissioner Gort: Move it. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded with the covenant and agreements made on the record. Any further discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Fernandez: Thank you. Todd B. Hannon (City Clerk): As amended. City ofMiami Page 101 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PZ.7 ORDINANCE Second Reading 3405 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AYES: PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES ABSENT: SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING, IN PART, AS PROVIDED HEREIN, THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTI -FAMILY RESIDENTIAL" OF 0.086 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED BELOW AND IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13755 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissio AYES: Hardemon. Gort, Reyes ABSENT: Russell, Carollo For additional minutes referencing Item PZ. 7, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 8. Chair Hardemon: PZ.7. Can we have it read into the record? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: You're recognized, Mr. Fernandez. Javier Fernandez: Mr. Chairman, good afternoon. Javier Fernandez for the record; law offices at 1415 Brickell Avenue, here on behalf of 23 Project, LLC (Limited Liability Company). By way of brief explanation, this item was modified on the floor at first reading. The exhibit which I've handed out on the second page just helps to clarify, illustrate that modification that was approved, and in summary, if I may, you'll recall that the center lot currently has a split designation, both in terms of the FLUM (Future Land use Map) and the zoning, and what we're hoping to accomplish by way of this change is to make that center lot designation uniform and reflect -- move an existing condition, which is duplex residential and T3-0 [sic] to low density multi family and T4 -R in its entirety, while retaining the existing designation for Lot 75, the western lot, of duplex residential and T3-0, so as to provide a transition across our property. So with that, if there are any questions regarding the illustration we provided; again, consistent to illustrate the first change, I'm happy to answer them. Commissioner Reyes: Any question? I move it. Move to approve. Chair Hardemon: Been properly moved. Commissioner Gort: Second. City ofMiami Page 102 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: Properly moved and seconded. Any further discussion on the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motionpasses. PZ.8 ORDINANCE Second Reading 3406 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, Planning CHANGING, IN PART, THE ZONING CLASSIFICATION FROM 73-0," AYES: SUB -URBAN TRANSECT ZONE -OPEN, TO 74-R," GENERAL URBAN ABSENT: TRANSECT ZONE -RESTRICTED, OF THE REAL PROPERTY LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN AND IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13756 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon. Gort. Reyes ABSENT: Russell, Carollo For additional minutes referencing Item PZ. 8, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 7. Chair Hardemon: PZ.8. Would you read it into the record? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Barnaby Min (Deputy City Attorney): Mr. Chairman, from my understanding, based on the modifications that were made, the covenant that is part of the legislation is no longer required. If that is true, then the legislation would need to be adopted as modified, without reference to the covenant. Javier Fernandez: Mr. Chairman, again, that is correct. I concur with counsel. Chair Hardemon: Is there a motion in accordance with the City Attorney? Commissioner Reyes: Move it. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded, in accordance with the City Attorney to approve this item. Any further discussion? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. City ofMiami Page 103 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: All against? Motionpasses. Mr. Fernandez: Thankyou, gentlemen. ChairHardemon: Thankyou. PZ.9 ORDINANCE Second 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. ENACTMENT NUMBER: 13757 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon. Gort. Reyes ABSENT: Russell. Carollo For additional minutes referencing Item PZ. 9, please see "Public Comment Period for Planning and Zoning Item(s) "and Item PZ.10. Chair Hardemon: Please read into the record PZ. 9. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Before we move forward, I want to make a Jennings disclosure on PZ.9 and PZ.10. I had a meeting between first and second reading with the applicant, and particularly, our meeting was to discuss the amount of dollars that are going to be given to be able to improve upon houses that are within the district, and especially within the area that's located near this subject property. And if you can all remember from the board, we talked about making sure that homes that are near sites that are like this are just as resilient as the homes that are being built into the area. So basically, instead of waiting on a private developer or investor to come in and buy properties from homeowners in the area who can't afford to update their homes, the City of Miami is going to be involved with doing that for them. So with the donation that they'll make -- and they 71 make that proffer on the record -- we 71 be able to make improvements on people's homes that are within the district. So it's an exciting thing; probably one of the first of its kind in the way that we're doing it, and I wanted to make that disclosure for the record. Commissioner Reyes: And I thought that that donation was going to go to the low- income housing. City ofMiami Page 104 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: No, you didn't think that. Commissioner Reyes: You're grabbing it, you know. Chair Hardemon: I want to make sure people -- Commissioner Reyes: I mean the idea -- Chair Hardemon: -- the most affected, it would be given to. Commissioner Reyes: -- that was the idea, was to get the donation and giving it to a POOL Chair Hardemon: I'll tell you -- Commissioner Reyes: But I -- let me tell you something. In deference, I mean, I know that that area requires a lot of help, you see. So we're not going to have an argument that -- and -- Chair Hardemon: No, I appreciate that. And I'll tell you, when it comes to the amount of time that we have on this dais, you know, it seems like an eternity, but it passes by in the blink of an eye. Commissioner Reyes: Yes, sir. Yes, sir. Chair Hardemon: And what I've noticed is that in many of our neighborhoods, they've been waiting so long for some relief -- Commissioner Reyes: And that area over there I know very well they have been waiting for a long time. Chair Hardemon: -- and you prepare and you prepare, and my philosophy is that you get the assistance that the people need as soon as possible. Commissioner Reyes: Yes, sir. Chair Hardemon: And so, this is the way that I know that I'll be able to assist those who are in the neighborhood -- Commissioner Reyes: Yes. Chair Hardemon: -- as quickly as possible, and that's why I'm doing it the way I'm doing it. Commissioner Reyes: So make a motion. Chair Hardemon: I can't move. Commissioner Reyes: Well, I'll move it. Chair Hardemon: But before you move, what -- the covenant will be on the -- BarnabyMin (Deputy City Attorney): Companion item. Chair Hardemon: --companion item. All right. Well, it's been properly moved by the Commissioner; seconded by the Chairman. Arty further discussion on the motion? Hearing none, all in agreement, say "aye. " City ofMiami Page 105 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 The Commission (Collectively): Aye. Chair Hardemon: Motionpasses. PZ.10 ORDINANCE Second Reading 3408 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "73-0," Planning CHANGING THE ZONING CLASSIFICATION FROM SUB- AYES: 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 "75-1_," 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. ENACTMENT NUMBER: 13758 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 9. Chair Hardemon: Now, can you read into the record what you have on the covenant and how you want to make the payments? Barnaby Min (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: And I believe the covenant's being handed out. Chair Hardemon: Now, I'm reading through the draft of the declaration of restrictive covenants, and I see -- Well, first, there are going to be a number of things I want you to put on the record. One: The sort of affordability that you'll have in this development site. But what I'm looking at, at Part "C" -- Jose Felix Diaz: You're going to look at "C" and then "D. " Chair Hardemon: Right. But at "C if it says, "Owner may substitute reserving 10 affordable housing units onsite on the subject property, as described above, through payment in lieu at a rate of $100,000 per unit for neighborhood improvements, as described in Sub -Section 'C"' -- City ofMiami Page 106 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Diaz: And that in Sub -Section "D, " it describes the amount and how that amount would be directed to a community -- or a neighborhood revitalization organization. Chair Hardemon: I just want to be clear on the record about the language in the paragraph above Part "D. " Can you just make plain what you're stating there? Mr. Diaz: Okay. So there are three parts to the voluntary covenant. The first part requires a -- Well, let me start off -- Jose Diaz, 2 Alhambra Plaza, Suite 102, Coral Gables, Florida, on behalf of the applicant. We have submitted here a voluntary covenant. The first part requires a unified future development consistent with the concept plan. Any changes to that concept plan must come back for public hearing. Then the second part requires the respect of the transect zones so that on the north side of the property, it will continue and always be residential, and that there'll be architectural elements in the neighborhood. And then the third is a true workforce commitment, which is what we had said we would do, which is 12 and a half percent of the new units would be affordable; or, in the alternative, which we would have 10 units at $100,000 each for a total of a million dollars go into a neighborhood revitalization organization within District 5. Chair Hardemon: So basically, what I want to do is ensure the people, as I've been stating on the record, that they'll have an opportunity -- because there are people who own property in the neighborhood that have -- that need some sort of relief, and that may be through high -impact windows; it may be through H -t ac systems; it may be through electrical system that needs reworking. So all of these things, we want to make sure that they have an opportunity to have some relief, and not necessarily that they have to move into the new building. So what I'd like to do is see the language stricken that would give you the opportunity to substitute the $100, 000 per unit. Mr. Diaz: So you could put "owner shall" instead of "may" -- Chair Hardemon: Right. Mr. Diaz: -- in that mid paragraph, and it should accomplish that goal. Chair Hardemon: Well, I want to make sure that it's clear. And the City Attorney is going to put the language that's necessary, but what I want to be clear on is that the one -- the money that they're giving, which is -- which totals to $1 million -- Mr. Diaz: A million dollars. Chair Hardemon: -- right -- 60 days after you -- the effective date of this declaration, $500,000? Mr. Diaz: Correct. Chair Hardemon: And what that means, within those 60 days, if you're here from -- and I'm speaking directly to the members of my community -- within those 60 days, there should be a check that's going to be available so that people in the neighborhood can start applying to get their houses renovated. And what that means is that you're going to have some relief before they ever put a shovel in the ground, which I think is an exciting thing. And so, we'll be able to start that progress very, very soon. But want it to be clear on the record that I want those dollars to come in and not that the developer has the opportunity to basically remove any dollar amount from the obligation that they're going to give. We want to be able to see the dollars invested into the area the way that we've described here. City ofMiami Page 107 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Diaz: And one quick update: At the last hearing, we committed to meet again with the neighborhoods, so we had public hearings on February 28, on March 1, and on March 16 with the neighbors. We sat with them, heard their concerns, and also helped them figure out some of their property tax exemptions. A lot of them had not applied for senior and extended senior tax exemptions, so we were able to help them navigate that. And there's a lot of need in that neighborhood, so this money's absolutely going to be put to good use. Chair Hardemon: Okay. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: I would like to include in that that you're talking about changing windows, and I would like to include other repairs, as required for those neighbors that are low income that are in need of repairing the houses. Chair Hardemon: Thankyou. So -- Mr. Diaz: Right now, the language says in Sub -Paragraph "D" -- Commissioner Reyes: Like roof repair, you see. Chair Hardemon: Say that again. Mr. Diaz: It says, "Neighborhood improvements" -- Chair Hardemon: Right, right. Mr. Diaz: -- but you could put like, you know, 'Including, but not limited to" -- Chair Hardemon: No, we'll make sure that it's -- Mr. Diaz: -- whatever you want to put. Commissioner Reyes: Yeah. Chair Hardemon: Yeah. So with that, I mean, the Chair would like to entertain a motion in accordance with what I've described on the record. Commissioner Carollo: What is the amount that he's proffered; a million dollars? Commissioner Reyes: A million dollars. Chair Hardemon: Yeah. Commissioner Carollo: Okay. And Mr. Planning Director, how many more units are we giving him for the project that's above and beyond what they could normally build? Francisco Garcia (Director, Planning): I will give you an approximation, Commissioner. The change is from T3-0 to T4 -L and from T4 -L to T5 -L. That amounts to essentially a doubling in round numbers of the density. If the -- Mr. Diaz: Pull the number. Mr. Garcia: I'm sorry? City ofMiami Page 108 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Diaz: Its 81 units. Mr. Garcia: That sounds right. Commissioner Carollo: 81 units. Mr. Garcia: I was going to guess 75. It may be 81. Commissioner Carollo: Okay. So it's a total of 162 that is going to be built there, and it's doubling 81 -- well, we're doing that for everybody except normal residents, so I guess why not do it for someone else? But at least he's offering some real money and not just a promise that it's going to be workforce housing, where at the end, it's not going to be workforce housing -- not at least in the way that we know it -- that people could afford it. ChairHardemon: And that's why, you know -- Commissioner Carollo: Yeah. Chair Hardemon: --for those that are in the neighborhood, I just want to make it very clear that you're going to be able to apply for these dollars and you're going to be able to apply for these dollars very soon to have some relief in improving your homes, and that's something I'm very serious about, so I'm excited about that; that we're going to be able to put those dollars to use, because we're not looking at something that's five years down the line. Commissioner Carollo: I understand. Commissioner Reyes: Down the line, yes, sir. Commissioner Carollo: Let me -- you bear with me. I didn't take my smart pill today, so I'm a little slower. So we said 81, right? 81 units, okay. ChairHardemon: A little more than 12,000. Commissioner Carollo: Well, I want to absolutely be sure, Mr. Chairman. How large are the units that you're going to build there? Are they going to be -- Are they all going to be one size? Are you going to have (UNINTELLIGIBLE)? Mr. Diaz: We're going to have various -size units, but these are smaller units. I don't have a number, but 600 feet and above -- square, 600 square feet and above. Commissioner Carollo: Okay. These going to be rental or condos? Mr. Diaz: Rental. Commissioner Carollo: Rentals, okay. So the average unit is going to be about 600 square feet, or what is the average? Mr. Diaz: Between 600 and 900 square feet, so say 750. Commissioner Carollo: Well, so they're all going to be between 6 and 900? Mr. Diaz: Yes. They're smaller units. Commissioner Carollo: Yeah. So 750. Okay. If you would sell them out in the market -- Let's say that you decide down the road they're not going to be rentals and you make them into condominiums, have you figured out what the market rate's going to be? City ofMiami Page 109 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Diaz: No. Commissioner Carollo: You got to be looking at, for a 750, I would say it's somewhere of 170,000 to 180, 000, at least on the low end. But it could be, depending, you know, on the location -- and I will admit I usually like to go by the sites and look at them; this one, I haven't been able to -- but it could be as high as 250. You know, it's not the best deal that we could have cut, but it's better than the ones we have cut in the past. Commissioner Reyes: That's right. Commissioner Carollo: I should have stayed in the first reading, but I think you know why I wasn't here. And is there anything else that you could do for the district Mr. Diaz: Well, sir -- Commissioner Carollo: -- that you could proffer that you feel that is in your heart that you want to do for the district? Mr. Diaz: That's a good question. So just know that -- Commissioner Carollo: I'm not asking for anything. I'm just -- Mr. Diaz: No, no, no. What we proffered were the things that the neighbors had asked for. That's what the covenant's supposed to be. And we gave from our heart for real when we did this. And what we've also committed to the district is to continue helping. So we've been sponsoring stuff at the De Hostos Center; we sponsored the Puerto Rican Chamber of Commerce; we sponsored baseball leagues in the neighborhood; we sponsored the senior centers in the neighborhood. So we're doing more for the community directly already. Commissioner Carollo: Maybe you forgot one group that I'm sure -- Mr. Diaz: Let me show you a slide that -- Commissioner Carollo: -- if you would have remembered, you would have wanted to help them: The football league, Liberty City Optimist Club. Mr. Diaz: Okay. Commissioner Carollo: Is that one that -- sounds like you wanted to help them? Mr. Diaz: It sounds like we want to help the Liberty City Optimist Football League. Commissioner Carollo: Is there anything you might want to proffer, and that one on the record? Mr. Diaz: I would talk to the client, but -- Commissioner Carollo: Yeah. Mr. Diaz: -- we commit to sponsoring the Liberty City Optimist League, and we'll sit down with their team and see what their needs are, and we'll help them out any way we can. It's a pleasure. I mean, nothing gives us more pride than going into a little league -- I grew up in the little leagues here in Miami, and our principal was driving the other day in Wynwood, and he saw a kid wearing a shirt that had our name on it. He stopped the kid, started talking to him, and found out that the league City ofMiami Page 110 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 -- the team is 3 and 0; very happy with the results of the sponsorship. And he took a bunch of pictures. The kid wanted to take pictures with our guy. So continuing to sponsor little leagues, and the Optimist League seems perfect -- Chair Hardemon: How much are you sponsoring the other nonprofits for at? Mr. Diaz: Different amounts. I mean, here's a list of some of the ones that we've done. I would like to commit -- Even if my client won't do it, I'll find a way to raise $5, 000 for the little league -- Optimist League. Commissioner Carollo: Is that all? You've been given 10, 000 in tax money lately. You know, it's -- these are kids. Mr. Diaz: We could do $10, 000. Commissioner Carollo: By yourself now, you know. You -- Mr. Diaz: I've commit -- I will commit, in conjunction with the client or on my own, to raise $101 000 to the Liberty City Optimist League. Chair Hardemon: But IZl say this: I grew up playing for Liberty City Optimist. I played baseball and football for them, and I also help sponsor Liberty City Optimist as a Commissioner and -- among some other things. But if I would -- and I would ask Commissioner Carollo to amend it to make it the Roberto Clemente Baseball Team, so. Mr. Diaz: Which is what we've been sponsoring, but that's fine. We will give more money to the Roberto Clemente League. Commissioner Reyes: Baseball, I must --I do agree with you. And thank you. Commissioner Carollo: You have it there already. Commissioner Reyes: Yes, sir. Well -- Commissioner Carollo: So you're asking for more -- Chair Hardemon: I didn't realize. Commissioner Reyes: I mean -- Chair Hardemon: Oh, I see it there. I see it there. Commissioner Carollo: Yeah, it's there. That's why I didn't bring them up. Chair Hardemon: Okay. So is Liberty City. I mean, I didn't realize it. Commissioner Reyes: Okay. Chair Hardemon: I didn't realize it, so. Mr. Diaz: You have my commitment. Commissioner Carollo: All right. And -- Mr. Diaz: I'oluntarily offered by me. Commissioner Carollo: Okay. All right. City ofMiami Page 111 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 ChairHardemon: Fon do unite well with fund-raising. Commissioner Carollo: He's coming ont like a bandit here. He'll be able to give 10 more S10,000 contributions after this vote. ChairHardemon: So is there a motion in accordance? CommissionerReves: 1=1ove it. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discnssion? Hearing none, all in jovor of the motion -- -11r. -11in: Pin sorry, 11Ir. Chairman. Forgive my ignorance. Is it Liberty City Optimist Club or Liberty City OptimistLeagne;" ChairHardemon: Club: its Club. 11r. Alin: Club? ChairHardemon: It's C'hib. llr. Alin: Thank von. Chair Hardemon: Seeing no further discussion, all in favor of the motion, sav "aye. " The Commission (Collectivelv): Ave. ChairHardemon: Motion passes Todd B. Hannon (City Clerk): As amended. PZ.11 ORDINANCE Second Reading 3558 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: 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 ABSENT: 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. ENACTMENT NUMBER: 13759 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon City of 1=liani Page 112 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 For additional minutes referencing Item PZ.11, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 12. ChairHardemon: PZ.11. Please read it into the record. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Javier Fernandez: Mr. Chairman, hi. Javier Fernandez for the record again; law Office at 1450 Brickell Avenue, here on behalf of 20th Avenue Partners. This item had the unanimous approval of the Planning, Zoning and Appeals Board, as well as this board on first reading, both items. They are companion items, PZ.11 and 12. We are asking for a future land use map change and a zoning change for a portion of the subject parcel. I would note that PZ. 12 is accompanied by a covenant, which is intended in a larger measure to make sure that the improvements that we intend to build on this property -- the client intends to build on this property -- are done at a scale that's consistent with the surrounding zoning, which is limited to five stories, a total of 43 units, and limits the uses on the property going forward to just residential uses. So with that, if you have any questions, I'm happy to entertain them. Thank you. L ice Chair Russell: Okay. Thank you. Commissioner Gort: Move it. Commissioner Reyes: Second. ['ice Chair Russell: It's been moved and seconded. Is there arty further discussion? Commissioner Carollo: Yes. Mr. Fernandez: Commissioner Carollo -- Commissioner Carollo: I'm trying to (UNINTELLIGIBLE) here. And I'm lucky I got you now, because the Chairman just -- real quick. Commissioner Gort: The reason I made the motion, this is an area within my neighborhood, which is very -- vacant lot that has given a lot of problem. We have an affordable housing building right across the street, which is the -- lot of the complaints that we receive from the empty lots that were there. Those are the property you're going to develop into housing, also; am I correct? Mr. Fernandez: That is correct, sir. Although, for the record, the properties -- we have a companion -- a waiver application that's currently pending with Zoning which will result in the imposition of an additional covenant on this property that will limit it to affordable and workforce housing so we could take advantage of the number of the parking, and other reductions that are available under the Zoning Code, so by way of information, I offer that. Commissioner Carollo: All right. Vice Chair Russell: You good? It's been moved and seconded. Any further comment? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City ofMiami Page 113 Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 PZA2 ORDINANCE Second Reading 3559 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "T5 Planning CHANGING THE ZONING CLASSIFICATION FROM -L," URBAN "T6-8-0," AYES: CENTER TRANSECT -LIMITED, TO 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. ENACTMENT NUMBER: 13760 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort. Carollo. Reyes ABSENT: Hardemon For additional minutes referencing Item PZ.I2, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. I]. Barnaby Min (Deputy City Attorney): PZ. 12. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: As Mr. Fernandez stated, there is a covenant attached. Vice Chair Russell: Is there a motion? Commissioner Gort: Move it. Vice Chair Russell: Been moved and seconded. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Javier Fernandez: Thank you for your time. bice Chair Russell: Thankyou. City ofMiami Page 114 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 PZA 3 RESOLUTION 3705 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY THE PALM GROVE Planning HISTORIC PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA, AYES: AND THE MIMO BISCAYNE ASSOCIATION BOARD (COLLECTIVELY, ABSENT: "APPELLANTS") AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AN APPLICATION FOR A SPECIAL CERTIFICATION OF APPROPRIATENESS FOR THE DEMOLITION OF A NOW CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A FIVE -STORY MULTI -FAMILY RESIDENCE, WITH A ROOFTOP TERRACE, LOCATED AT APPROXIMATELY 571 NORTHEAST 67 STREET, MIAMI, FLORIDA, WITHIN THE PALM GROVE HISTORIC DISTRICT. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.13 was continued to the April 26, 2018, Planning and Zoning Commission Meeting. PZA 3 RESOLUTION 3705 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY THE PALM GROVE Planning HISTORIC PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA, AND THE MIMO BISCAYNE ASSOCIATION BOARD (COLLECTIVELY, "APPELLANTS") AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AN APPLICATION FOR A SPECIAL CERTIFICATION OF APPROPRIATENESS FOR THE DEMOLITION OF A NOW CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A FIVE -STORY MULTI -FAMILY RESIDENCE, WITH A ROOFTOP TERRACE, LOCATED AT APPROXIMATELY 571 NORTHEAST 67 STREET, MIAMI, FLORIDA, WITHIN THE PALM GROVE HISTORIC DISTRICT. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Citi' of 1=lianzi Page 115 Printed on 05'07%2018 City Commission Meeting Minutes March 22, 2018 PZ.13 RESOLUTION 3705 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY THE PALM GROVE Department of HISTORIC PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA, Planning AND THE MIMO BISCAYNE ASSOCIATION BOARD (COLLECTIVELY, "APPELLANTS") AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AN APPLICATION FOR A SPECIAL CERTIFICATION OF APPROPRIATENESS FOR THE DEMOLITION OF A NOW CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A FIVE -STORY MULTI -FAMILY RESIDENCE, WITH A ROOFTOP TERRACE, LOCATED AT APPROXIMATELY 571 NORTHEAST 67 STREET, MIAMI, FLORIDA, WITHIN THE PALM GROVE HISTORIC DISTRICT. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.13 was continued to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ. 13, please see "Order of the Day" and "Part B: PZ - - Planning and Zoning Item(s). " PZ.14 ORDINANCE First Reading 3698 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, ("MCNP") BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM A CONTRIBUTING HISTORICALLY DESIGNATED SITE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.1 4 was continued to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.14, please see "Public Comment Period for Planning and Zoning Item(s)" and Item FR.4 City of 1=limni Page 116 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 PZ.15 ORDINANCE First Reading 3110 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY Planning AMENDING ARTICLE 3, SECTION 3.3, ENTITLED "LOTS AND FRONTAGES," ARTICLE 4, DIAGRAM 9, ENTITLED "RESIDENTIAL DENSITY INCREASE AREAS," AND ARTICLE 4, DIAGRAM 11, ENTITLED "TRANSIT ORIENTED DEVELOPMENT," TO PROVIDE OR TO ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.15 ivas continued to the April 26, 2018, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.15, please see "Public Comment Period for Planning and Zoning Item(s)" and Item FR. 4. END OF PLANNING AND ZONING ITEMS) City of 1=limni Page 117 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 M - MAYOR AND COMMISSIONERS' ITEMS C•3�i L�IfIN HONORABLE MAYOR FRANCIS SUAREZ ;1011lX9109111WiT llWEll!111ALVA61 City of 1=limni Pcrge 118 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of 1=limni Page 119 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of 1=limni Page 120 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City of 1=limni Page 121 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of 1=limni Page 122 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of 1=limni Page 123 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of 1=limni Page 124 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 NA - NON -AGENDA ITEM(S) NAA RESOLUTION 3903 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: Allyson Warren ENACTMENT NUMBER: R-18-0129 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort. Carollo. Reyes ABSENT: Hardemon NOMINATED BY: Commission -At -Large Vice Chair Russell: Commissioner Reyes, you had some pocket items. Commissioner Reyes: My first pocket item is to nominate Allyson Warren for the at - large seat of Code Enforcement Board. Commissioner Gort: Who was that? Victoria Mendez (City Attorney): Allyson Warren. Lice Chair Russell: Allyson Warren. She also serves on -- Commissioner Carollo: Second. Commissioner Reyes: She had served on the board before, and she has quite experience in -- and she's been a servant for quite a while. Commissioner Carollo: Second. Ms. Mendez: At least 14 years. Tice Chair Russell: There's been a motion and a second. She also serves on the Commission on the Status of Women as -- is that correct? Commissioner Reyes: Absolutely. Yes. Lice Chair Russell: Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Todd B. Hannon (City Clerk): Sorry, Chair; just want to open up the public hearing real quick. City ofMiami Page 125 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 ['ice Chair Russell: I apologize. Is there any public comment on this pocket item, Allyson Warren being appointed to the -- which board are we looking --? Mr. Hannon: (UNINTELLIGIBLE), sir. Tice Chair Russell: Thankyou. Code Enforcement -- Ms. Mendez: Code Enforcement. Tice Chair Russell: --Board. All in favor, say "aye. " The Commission (Collectively): Aye. Tice Chair Russell: Any opposed? Motion Passes. NA.2 DISCUSSION ITEM 3897 DISCUSSION BY COMMISSIONER REYES REGARDING Office of the City IMPLEMENTATION PLAN OF THE 25 MPH SPEED SIGNAGE. Clerk RESULT: DISCUSSED Note for the Record. Direction by Commissioner Reyes to the City Manager to create a comprehensive implementation plan analysis and report back to the City Commission within the next 30 days. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. My second pocket item deals with speed, you see. We know that they are -- been reports of high speed in our neighborhoods, and I can tell you that I think this is a problem that affects all the -- each one of the districts is affected by it. As you know that the speed limit has been lowered to 25 miles per hours, and what I would like to request from the Administration, a phased implementation of the 25 -mile -per -hour speed limit signs, you see. The speed limit has been changed to -- have been lowered to 25 miles per hour, but if we don't inform -- if we don't have the signs, and also, if we don't have an information program, you see, an educational program to our residents, they're not going to -- people that go through our streets, they are not going to, I mean, have any affect. So what I'm requesting is that a phased implementation of the speed limit signs. And also, that I'm requesting from the Administration and the Police Department through the Administration to make sure that the police officers enforce that speed limit, because if there is not enforcement, the police -- I mean, the speed limit will not be effective. And have been a lot of -- pedestrian been struck and a lot of accidents that have been caused by the high speed. There are neighborhoods that people cannot even get out of the houses, because people fly by the streets. So I would like, within the next 30 days, to -- I'm requesting, within the next 30 days, to have a plan, a comprehensive plan, how it's going to be done and how we are going to patrol. Tice Chair Russell: Police Chief Colina. Jorge Colina (Police Chiefi: So on the police side, obviously, we're going to enforce the law as it is now on the books, but the signage element is something that is outside of our purview. That agreement needs to be finalized with the County. Those signs dictating what the speed limit is, those signs all need to be in place. We can start putting out some press releases, saying that the -- City ofMiami Page 126 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Commissioner Reyes: Yes. Chief Colina: -- you know, speed limit has changed, and we will, of course, enforce the law and do enforcement to make sure that that becomes kind of muscle memory of what you're -- the speed you're supposed to drive, but it would be unfair to the residents and to the commuters if we do that without proper notice and the signage being placed. Commissioner Reyes: Chief, what said first, we have to have the signage. Chief Colina: Absolutely. Commissioner Reyes: We have to have the signage, and then we have to have some educational program. I mean, let them know that the -- and then you -- it is your job to give them a citation, if they break the speed limit. Chief Colina: And we'll do that. We'll -- as soon as this happens, that the signage is up and it's all complete -- Commissioner Reyes: Yes. Chief Colina: -- we'll immediately do a saturation in the area, so there'll be an increase in police; that way, we have the opportunity to stop people and let them know what the new law is. "Hey, listen, this is a little bit of a grace period. You're not going to get a second chance. This is the new speed limit. " We'll certainly -- on our side, we will absolutely do that, sir. Commissioner Reyes: Thank you very much. And I'm asking the Administration to please have a plan to -- Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Yes, sir. Commissioner, just to let you know, we will come back in 30 days with what you're required -- what you requested of us. However, just to let you know, we have the interlocal agreement with the County. It's being worked on right now; should be finalized very soon. And the Capital Improvements Department has already identified and given us a number where we can look at in order to budget for the additional expense for the signs, and that will be in the mix of things that we will either be funding in the mid year or potentially next year, depending on when we can start spending the money, sir. Commissioner Reyes: Thank you very much. b Ice Chair Russell: Commissioner Gort. Commissioner Gort: Chief, let me tell you what one of the problems is. It's right here. That is a new software which tells you -- `I want to avoid the heavy traffic, " so it tells you how to go through the neighborhood,- "Cut here, turn right, turn left. " And this is something that's taking place right now. Everybody is using our neighborhoods instead -- getting off the main arterials, going through our neighborhood, and this is what the problem is. Chief Colina: Agreed. Commissioner Gort: And they're all in a hurry, because it's the peak hours. Chief Colina: Understood. Commissioner Gort: So maybe we can -- City ofMiami Page 127 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chief Colina: Absolutely is a problem Commissioner Gort: -- go in through here and find out where we can locate some of those people. Chief Colina: Yeah, we see it in every residential neighborhood, where it looks like that's where rush hour goes through, because everybody's trying to cut through. It's a problem, absolutely. We need to address it. Commissioner Gort: Thank you, Chief. b ice Chair Russell: Thank you, Commissioner Gort. I have a question. If I understand, this move to 25 basically moves our default speed limit. Unless otherwise noted, if you're in a neighborhood street, the speed limit will now be 25, correct? Aren't there sign -- isn't there signage that expresses that, as you near the - - certain points of entry into neighborhoods that say, "Unless otherwise noted, " so that you don't need a sign on every single street that the default speed limit is now 25? Is that one of the signs that's being contemplated or is it -- are we looking to put signage on every street that says 25? Victoria Mendez (City Attorney): You're going to have to put the signs, because unfortunately, State Statute is 30, so we are doing the "otherwise noted" by putting it to 25. bice Chair Russell: And that -- and so, in that case, you do need to put it on every street? Because that -- When we first brought this up two years ago, I guess it was - - and it was really championed by your predecessors of both 3 and 4 -- that was one Of our concerns; that if we change every street, we need signage on every street, and the cost could be tremendous, and the optics would be unwieldy; that there would be some way to lower the default so that the education of the default and the signage doesn't have to be on every single street, but that were educating that, "Unless otherwise noted in the City of Miami, the default speed limit is 25 miles per hour. " You've been warned Ms. Mendez: The default is 30 -- Vice Chair Russell: By State. Ms. Mendez: -- so we are -- right -- so we are lowering that. If you want to be able to cite a ticket to --you -- it needs to be noted. Lice Chair Russell: It needs to be noted still. And -- Ms. Mendez: The signage can't be off. bice Chair Russell: -- the budget for that signage comes on the City's -- Commissioner Gort: Yes. Vice Chair Russell: -- back? And do we have an estimate of what that's going to look like to have a 25 -mile -an -hour sign in every street? Mr. Casamayor: Sir, the latest number I have right now from CIP (Capital Improvements Program) is about $1.3 million. It could be a little more; it could be a little less, depending, you know, the procurement of it and the -- how we procure the signs, so -- but about 1.3. [-ice Chair Russell: I have to say, this is different than the way I remember our discussion at the original vote to move the speed limit and -- because that was one of City ofMiami Page 128 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 our concerns, was the cost of signage and the optic of the signage, having it different --you know, having it on every single residential street; that we were hoping that by lowering the default, it would simply be education and notification of the new default speed within the City, not a new sign on every street. Is that a legal issue that we've discovered through the State or -- It is the State Statute? Unless posted statewide, the default is 30. Mr. Casamayor: No, no. Unless posted in the area, the default is 30 miles per hour. That's --for instance, a school -- Vice Chair Russell: That's by the State? Mr. Casamayor: -- zone right now. If you're going through a residential neighborhood, you won't -- you probably won't even see some speed signs; maybe one or two every now and then. It's 30 miles per hour, because that's the default. When you get to a school, you will see the 15 -mile -per -hour signs with the hours, maybe the lights, or whatever, but it is for the -- you'll see them twice; once at the beginning, maybe once at the end where the "End School Zone" is, and then it just goes back to 30. It is just the default. Chief Colina: So the State says that the speed limit is 30. If there is no sign telling you otherwise, it's 30. b ice Chair Russell: Got it. Ms. Mendez: It's more for an enforcement. I mean, at the end of the day, if you want to be able to enforce it, there has to be notice of a change. So it'll -- Obviously, if all the signs aren't changed at the same time, if it's done through phases, just know for enforcement purposes, if someone is stopped and there is a discrepancy, that's where you'll have the issue. But obviously, little by little, you will be, you know, changing the perception of it based on education, signs that are posted on certain places, PSAs (public service announcements) -- bice Chair Russell: Understood. Ms. Mendez: -- and all that. ti ice Chair Russell: Understood. Could you look into best practices in other cities? I'm sure we're not the first one to go through this. And it does seem a little unwieldy and costly to put signage on every single street versus changing our default as a city; doing proper notification, education of that throughout, but not necessarily on every single street. That may have been done elsewhere, but -- I mean, maybe you're right; maybe this is -- but it -- if that's the case -- Ms. Mendez: At the end, it's -- i ice Chair Russell: -- I don't feel that we were properly informed of this specific when we voted on it, if it was last year. Yeah, it was last year, but -- So your item, Commissioner Reyes, is a discussion item, or do you have an actual action that you're requesting that you need us to vote on? Commissioner Reyes: Well, I'm requesting them to come with a plan. And also, I will -- if I can include that if the cost is going to be -- I mean, to place a sign in every single block, you see, how many signs are required per street? And also, we should go and start the change in signs in those streets that are -- they are more -- 1 mean, there's more traffic and try to phase them in. But I have another question, you see. We know the County is the one that take care of the signage, right? We are changing the speed, so we are assuming the burden, but are we going -- Mr. City City ofMiami Page 129 Printed on 0510712018 City Commission Meeting Minutes March 22, 2018 Manager, are we going to maintain those signs, or are we going to revert them to the County for them to maintain them? Vice Chair Russell: Mr. Ihekwaba. Nzeribe Ihekwaba (Assistant City Manager/Chief of Operations): Mr. Commissioner, as part of the study that was done for this traffic speed limit change, one of the conditions from the County is that the City will take responsibility for procuring and installing the signs and maintaining them. Commissioner Reyes: Okay, question answered. Okay. Anything else? Mr. Ihekwaba: If I may comment? Regarding the municipal maximum speed, the State Statute does not say specifically that you must post them where you've changed them. It gives you a little caveat, which we need to take back to the County. It says, "The maximum speed limit in a municipality is 30 miles per hour. With respect to residential districts, a municipality may set a maximum of 20 or 25 on local streets after an investigation, " which is what we've done. What we need to do further is to go back to the County and ask them whether we need to post at the beginning and end of every local residential street, because that's a lot. That's about 2,600 signs to post. Commissioner Reyes: Well, we owe this to our residents, if that's what they want, you see. And I know that it's going to be -- expenditure is going to be substantial. But I do agree with Commissioner Russell; you should go and try to do best practices, you see. Lice Chair Russell: There's something out there. I'm sure there is. Commissioner Reyes: There's something out there that you can -- I mean, let's do a little research, you see. Yes, sir. Fice Chair Russell: Thankyou. Mr. Casamayor: And the other thing that we can do, which might actually help with some of Commissioner Gort's concerns regarding the cut -through traffic because of technology, is, you know, we will reach out to some of the technology companies that provide the maps and some of the services that individuals use and let them know that the speed limit is 25 miles an hour. That'll certainly change the way the software calculates -- Commissioner Reyes: Yes. Mr. Casamayor: -- the amount of time it takes to travel through and may actually divert some cut -through traffic. Commissioner Reyes: Yes, sir. And also, we all know that every single street is not - - I mean, it wouldn't be 25 miles per hour, because we can't, you know. Main arteries are not -- I mean, we are not allowed to change the speed limit, you see, like 22nd -- I mean, 27th Avenue, 8th Street, and all of those. bice Chair Russell: Thankyou. Commissioner Reyes: Okay. Thank you very much. And— Jl'ice nd-- Vice Chair Russell: I believe direction's clear. Mr. Clerk, you don't need a vote on that item, do you? Thankyou. Commissioner Reyes: Okay. City ofMiami Page 130 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 NA.3 DISCUSSION ITEM 3899 DISCUSSION BY COMMISSIONER REYES REGARDING Office of the City PROCESS IMPLEMENTATION FOR EXPEDITING PERMITS. Clerk RESULT: DISCUSSED Direction by Commissioner Reyes to the City Manager to develop strategies for expediting the City's huilding permitting process. Tice Chair Russell: You have one last pocket item, Commissioner Reyes? Commissioner Reyes: Yes, I have another one, which is, I would like -- You see, I have received a lot of complaint about permitting. Permitting is a big problem, and it affects us -- not only affects the builders and the developers and the people; affects also homeowners, that they are going to go -- I mean, in order to do an addition, you know, or that anything -- change a door, change some windows, and it takes forever to get a permit out of there, you see. What I would like for the Administration is, please look into the way to expedite those permits, because besides affecting our residents and our developers and builders, also affects the City, because there's less revenue that we are receiving in just the cost of the permit and the added tax base -- the increment in the tax base because of construction, see. Please try to find a plan or develop some sort of strategy to expedite permits. I have a person that had been trying to get a permit, a permit just to, I mean, do some repair in the -- on the -- on his driveway, and it was mandated by the City. The City was the one that said, "You have to repair this driveway. You have to change it. " It has been -- I mean, it's over a year. And besides that, let me tell you this -- and this happen -- and I can bring you Pinon here, the person here. The person went to the -- I mean, to request a permit, and he was very mistreated, and I had witness to that, you see. I want to remind everybody that we are public servants, and I wish that every department reminds their workers that we are public servants. We're here to serve the public, you see. Somebody comes with a problem, please, treat them right. Treat them the way that they should be treated, you see, and try to help as much as we can. Emilio T. Gonzalez (City Manager): Mr. Commissioner, thank you for your comments. We're going to be sending out a memo -- probably next week -- to all of our employees reaffirming just that; that there are expectations of professional courtesy that need to be observed; the City residents are our clients, and they need to be treated as such. And secondly, we're working on a list of --for lack of a better term, would be "expedited permitting" that we should be rolling out fairly soon, particularly when it involves single-family homes. And we will be rolling these out, I think, in different types of permits; those things that we could probably get done in 30 days; maybe those things that require a little bit more work that we can get done in 60 days, but what we need to give our residents is an expectation of when this will end. If you come in good faith and deliver all of the correct documentation, then we should be able to tell you, with a great deal of clarity, when you can expect a permit, with a no -later -than date, as opposed to, `7t will he this 30 days. " So you'll be hearing from us soon. But thank you for your comments, sir. Commissioner Reyes: Please. I've been -- I mean, I've been saying this even when -- before I became a Commissioner, and this is a big problem. It's a big problem. Mr. Gonzalez: Yes, sir. Commissioner Reyes: And the residents, they are our bosses. City ofMiami Page 131 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Mr. Gonzalez: Yes, sir. Commissioner Reyes: They're not the client; they are our bosses. Commissioner Reyes: Thankyou, Commissioner Reyes. Commissioner Carollo: Can I request of the Manager, if he could send all of us a list -- wherever the City has it at -- of all the so-called "expeditors" that have businesses to expedite permits. Mr. Gonzalez: Expeditors. Okay, yes, sir. Commissioner Carollo: Yeah. Mr. Gonzalez: Will do. Commissioner Carollo: I think you know what I'm talking about. Mr. Gonzalez: Yes, sir. Commissioner Carollo: So we could see all that. Because that might be one of the problems that we're having, Commissioner Reyes. Mr. Gonzalez: Well, sir, my goal, if I may, is if we do our job right, and we can expedite things the way our residents expect us to do them, there should be no need for expeditors. Commissioner Reyes: Absolutely. Mr. Gonzalez: And hopefully, we'll get there. But I'll make sure you get that list. Commissioner Carollo: I already told you why we had expeditors. Mr. Gonzalez: Yes, sir. Commissioner Carollo: And I won't get into it publicly now, but it's not a pretty picture. Mr. Gonzalez: Yes, sir. Understood. ti ice Chair Russell: Commissioner Gort. Commissioner Gort: See, when it becomes so complicated to get a permit, when you go on weekends, you see all kind of construction taking place, especially in residential area. At the same time, I think it's important that we instruct our inspectors when they go to a site, let the people know, "The reason we're here is to protect you; to make sure that the guys doing your electrical is doing it correct and you're not going to have any problem; make sure that the concrete you're going to pour is well done, it's got all the materials so it will not.fall. " So that's very important that they -- the people know that the inspectors are there to help them; to make sure that the work that is being done is being done professionally. Mr. Gonzalez: And a companion to that, sir, which goes to the bigger picture, is a lot of times, people have to wait so long for a permit, they just do it anyway. Commissioner Reyes: That's right. Mr. Gonzalez: And they roll the dice and say, "Well, you know, if I get caught, I'll pay whatever the fine is. " And so, we need to tackle this from both ends. We need to City ofMiami Page 132 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 make sure that our permitting system is fair and transparent and efficient; and at the same time, we need to have a robust Code Enforcement to make sure that there's no longer an excuse for people to be putting up illegal structures when we do have an expeditedprocess. So thankyou, sir. ti ice Chair Russell: Thank you, Mr. Manager. Thank you, Commissioner Reyes. We are going to -- you have one other item. Commissioner Gort. Commissioner Gort: No. We're going upstairs? Lice Chair Russell: Yes. We are waiting for Commissioner Hardemon, who has said he will be here at 1:30. I wanted to do our shade meeting right at the beginning of lunch, but I would definitely like our attorney/Commissioner present for this. So we are going to break for a two-hour lunch. We're going to meet for a shade at 1:30 upstairs, and then we're going to reconvene at 2 p.m. to finish the regular agenda and begin the PZ (Planning & Zoning). All good? Commissioner Reyes: Allgood. Lice Chair Russell: Have a good lunch. See you in two hours. NA.4 DISCUSSION ITEM 3902 MOMENT OF SILENCE TO HONOR VICTIMS OF THE BRIDGE Office of the City COLLAPSE AT FLORIDA INTERNATIONAL UNIVERSITY (FIU). Clerk RESULT: DISCUSSED T ice Chair Russell: We'll be resuming the morning's Commission meeting. In exactly one minute, we Zl be observing a moment of silence for the bridge collapse at FIU (Florida International University). It's 1:46 now. Commissioners, if there's anybody that wants to say anything, we'll be observing a moment of silence in one minute. Obviously, this is a big tragedy that affects our community and many people. Many of the leaders, many of the people that work in this building are graduates of FIU, and it hits home, so we'll take a moment now to think about those who have been affected by this loss. Note for the Record: Moment of silence observed in recognition of the recent bridge collapse at Florida International University. lice Chair Russell: Thank you very much. The flags at City Hall will beat half-staff for the remainder of the day. City ofMiami Page 133 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 NA.5 RESOLUTION 3888 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners and THE NOISE PROHIBITIONS OF SECTION 36-4(A) OF THE CODE Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), "OPERATION ENTITLED OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS - GENERALLY; EXEMPTION," AND SECTION 36-5(A) OF THE CITY CODE, ENTITLED "SAME - HOURS OF OPERATION OF JUKEBOXES RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY OWNED PROPERTY; RELAXATION," FOR WINTER MUSIC CONFERENCE RELATED EVENTS LOCATED AT 261 NORTHEAST 73 STREET, MIAMI, FLORIDA TO BE HELD MARCH 24, 2018 THROUGH MARCH 25, 2018. ENACTMENT NUMBER: R-18-0128 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell. Gort. Carollo. Reyes Chair Hardemon: FR.4. Commissioner Carollo: Which --? Chair Hardemon: That's the Historic Preservation. Commissioner Carollo: What number is it? Chair Hardemon: FR.4. Commissioner Carollo: FR (First Reading). Chair Hardemon: Yeah. Commissioner Carollo: You know, since I came back, we -- I'm not used to all the different numbers. I feel like I'm playing football at times. Victoria Mendez (City Attorney): So are we going to --? I believe FR.4, we were going to hear it with the PZs (Planning and Zonings). So do I open -- Commissioner Gort: Right. Ms. Mendez: -- up the PZ portion? Chair Hardemon: No, no, no. Okay. No, no, no. Is that all? Is that it? Commissioner Gort: There's another one before -- Chair Hardemon: And I know you -- We've done our BU.1. Lice Chair Russell: Yes. Chair Hardemon: We've done -- no, we haven't done D1. 1, though. Commissioner Gort: We haven't done DL I (UNINTELLIGIBLE). City ofMiami Page 134 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: We've just done BU.1, right? So -- Ms. Mendez: It was deferred, I believe. Chair Hardemon: DLI was deferred? Ms. Mendez: Yes. Chair Hardemon: Okay. All right. So give me one second. I'd like to -- this is it, right? There's a -- You all know I don't like to really do this, but there's a pocket item -- there's a resolution that I want to proffer for us to accept. It's a resolution of the Miami City Commission, waiving the noise prohibitions of Section 36-4(A) of the Code of the City of Miami, Florida, as amended, entitled, "Operation of radios, phonographs, and other sound -making devices; bands, orchestras museums [sic], generally, exemption; and Section 36-5(A) of the City Code, entitled, "Same hours of operation of jukeboxes, radios, et cetera, " exemption for events on City -owned property; relaxation for Winter Music Conference related events, located at 261 Northeast 73rd Street, Miami, Florida, to be held March 24 through March 25; so it's actually one night. It's just that -- Commissioner Carollo: One night? Chair Hardemon: -- now, at first -- Commissioner Carollo: Okay. Chair Hardemon: -- March 24 through March 25. Commissioner Reyes: That's only for one night. Chair Hardemon: Let me ask you a question, Madam City Attorney. The line from the bottom; from the bottom, so one, two, three -- so the fourth line up, where it says, "exemption for events on City -owned property," is that just -- in the title, is that -- should it not be there? Ms. Mendez: It's a title. Chair Hardemon: I mean, should it be stricken? Should that language part be stricken? Was that something else? I'm not sure if that's the proper title -- Ms. Mendez: It's the title. This isn't a -- Chair Hardemon: --of this section? Ms. Mendez: -- City -owned property, but it's the title of the section. Chair Hardemon: Okay. I just want to be clear about that. Ms. Mendez: Yes. Chair Hardemon: So basically, this is a noise waiver for an event for one day during the festival. Commissioner Carollo: Yeah. I move it, Chairman. ChairHardemon: Thankyou very much. Commissioner Reyes: I second. City ofMiami Page 135 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 Chair Hardemon: Moved and seconded. Any further discussion on the item? Hearing none, all in favor -- Todd B. Hannon (City Clerk): Chair, public hearing. Chair Hardemon: Is there someone from the public that'd like to speak on this item? Seeing none, I'm going to close the public hearing. All in favor of the item, say aye. ff The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Carollo: And Chairman -- Chair Hardemon: Motionpasses. Commissioner Carollo: -- let me compliment you for bringing this up, because that's the way it should be done. If we're going to have an event that we know that is going to be sending out decibels way and above what we allow by law and that are going to disturb some peoples [sic], maybe even before the 11 o'clock p.m. time, but certainly, probably after 11 p.m., this is the way it should be. And it's not a permanent thing that we allow like we're allowing some in the City of Miami, but it's a once -a year event, and this is the way of doing it. So I'm glad that you took this initiative instead of just letting it go, like maybe it's been done in other places, at other occasions. So you're bringing it up. Thank you. Chair Hardemon: Thankyou. City ofMiami Page 136 Printed on 05/07/2018 City Commission Meeting Minutes March 22, 2018 3904 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Clerk CONDUCTED AT THE APRIL 12, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Olay, so I believe that we've addressed everything that's on this agenda. There aren't anv other additional items, which means if all hearts and minds are clear -- Commissioner Gort: 1=1ove to adjourn. ChairHardemon: 11'e are adjourned. Commissioner Reyes: Oh, thank.yon, Chief. Barnaby 1-1in (Deputy City Attorney): llr. Chairman, I believe there's a request to announce a shade meeting for next -- Commissioner Reyes: I've got to tell you this. Fou guvs have done a great job to make sure ((,VIN'TELLIGIBLE). llr. Alin: I believe that we'd like to request a shade meeting for the future, so while you're packing up, ire can read it into the record. City of 1=limni Page 137 Printed on 05;'072018 City Commission Meeting Minutes March 22, 2018 ADJOURNMENT Chair Hardemon: Okay; just want to -- We're still in our meeting, because they're going to announce a shade meeting. Victoria Mendez (City Attorney): Under the parameters of Section 286.011(8) Florida Statutes, I would like to request a private attorney-client session, to be conducted at the April 12 Miami City Commission meeting. The person chairing the Commission meeting will announce the commandment [sic] of the attorney-client session, closed to the public, for purposes of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corp. versus City of Miami, Case Number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin approximately 10 a.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Tice Chairman Ken Russell, and Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; Gonzalo Dorta, Esquire; Matias Dorta, Esquire, and Laura Bezvinick, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -sited ongoing litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you. Todd B. Hannon (City Clerk): We stand adjourned. Ms. Mendez: Thank you. The meeting adjourned at 5:22 p.m. City ofMiami Page 138 Printed on 05/07/2018