HomeMy WebLinkAboutCC 2017-02-23 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
�, � INEORP p�pTEU '*
Meeting Minutes
February 23, 2017
9:00 AM
Planning and Zoning
City Hall
City Commission
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Frank Carollo, Commissioner, District Three
Francis Suarez, Commissioner, District Four
Tomas Regalado, Mayor
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Minutes February 23, 2017
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner
Carollo and Commissioner Suarez
On the 23rd day of February, 2017, the City Commission of the City of Miami, Florida,
met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami,
Florida, in regular session. The Commission Meeting was called to order by Chair
Hardemon at 9:10 a.m., recessed at 12:05 p.m., reconvened at 3:16 p.m., recessed at
6:51 p.m., reconvened at 7.28 p.m., recessed at 7.29 p.m., reconvened at 7.48 p.m., and
adjourned at 7.48 p.m.
Note for the Record. Commissioner Suarez entered the Commission chambers at 9:11
a.m., and Commissioner Gort entered the Commission chambers at 9:14 a.m.
ALSO PRESENT:
Daniel J. Alfonso, City Manager
Victoria Mindez, City Attorney
Todd B. Hannon, City Clerk
Chair Hardemon: Welcome to the February 23 meeting of the City of Miami City
Commission in these historic chambers here in 2017. The members of the City
Commission are Wifi^edo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice
Chairman; and myself, Keon Hardemon, the Chairman. Also on the dais are Daniel J.
Alfonso, our City Manager; Victoria Mendez, the City Attorney; and Mr. Todd Hannon,
our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and the
pledge of allegiance will be led by the Vice Chairman. All rise, please.
Invocation and pledge of allegiance delivered.
PR - PRESENTATIONS AND PROCLAMATIONS
PRA
1802
PROTOCOL ITEM
Honoree
Presenter
Protocol Item
Lisa Sandelin
Mayor Regalado
Proclamation
Carlos Migoya
Mayor & Comm Suarez
Key to the City
and Proclamation
Service Milestone Awards
Mayor & Manager
City of Miami Pins
52 Camacol Food Distributors
Mayor & Comm Gort
Certificates of
Appreciation
The Richard Albury Family
Mayor & Comm
Proclamation
Russell
Gloria Green
Mayor & Comm
Memorial
Russell
Tribute
Penny Lambeth
Mayor & Comm
Memorial
City of'Miami Page I Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
33 Executives Black History
Month
Kappa Alpha Psi Fraternity
Brickell-Roads NET Police
Officers
Russell
Mayor & Comm Hardemon
Mayor & Comm Hardemon
Mayor & Comm
Russell
RESULT: PRESENTED
Tribute
Certificate of Merit
Certificate of Merit
Proclamation
1) Mayor Regalado honored and commended Ms. Lisa Sandelin, who volunteers
tirelessly for the benefit of the less fortunate. Ms. Sandelin is a committed volunteer
in spite of her sign cant physical challenges and volunteers three days a week at
Baptist Hospital in Homestead where she resides and at Shake -a -Leg in Coconut
Grove one day a week to teach handicapped individuals how to sail. Ms. Sandelin's
work has inspired others to live with fortitude and to act with care, therefore
proclaiming Thursday, February 23, 2017 as "Lisa Sandelin Day" in the City of
Miami.
2) Mayor Regalado and Commissioner Suarez recognized and honored Mr. Carlos A.
Migoya for his eminent and invaluable contributions to the commonwealth of the
City, of Miami and the Community. Mr. Migoya, a former City of Miami City
Manager, who successfully tackled the City's ailing budget issues and currently
serves as the President and CEO of Jackson Health Systems, as well as an active
member in several community organizations, was presented the Key to the City and
Thursday, February 23, 2017 was proclaimed as "Carlos A. Migoya Day" in the
City ofMiami.
3) Mayor Regalado and City Manager Daniel J. Alfonso recognized various City of
Miami Employees for their 25 years of service, presenting them with Service
Milestone Awards and commending them for their dedication and commitment to the
City ifMiami.
4) Mayor Regalado and Commissioner Gort presented Certificates of Appreciation to
52 volunteers who participated in the Camacol Holiday Basket (Java) Distribution
during the month of December 2016 The generous assistance of caring and engaged
individuals made this event noteworthy as the largest one -day giveaway, in the
United States.
5) Mayor Regalado and Vice Chair Russell honored and commended family members
and descendants of the Thomas Richard Albury family for their laudable
contributions to the City of Miami. The Thomas Richard Albury family arrived from
the Harbor Islands, Bahamas in the early 1900's as laborers and the third, fourth
and fifth generations became outstanding educators, musicians and entrepreneurs in
an effort to assist at -risk families, students and the elderly, within the Community.
Elected Officials paused in their deliberation and proclaimed Thursday, February
23, 2017 as "The Thomas Richard Albury Family Day" in the City of Miami.
6) Mayor Regalado and Vice Chair Russell paused in their deliberations of governance
to offer a Special Memorial Tribute to the life and contributions of Beloved Miami
Citizen, Ms. Gloria Green, who transitioned from this life on December 14, 2016.
Ms. Green was a committed teacher whose career of 30 years in the Miami -Dade
County School System lead her to achieve many accolades and recognition from
various prestige institutions in addition to establishing her legacy of helping,
teaching and caring for others.
7) Mayor Regalado and Vice Chair Russell paused in their deliberations of governance
City of Miami Page 2 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
to offer a Special Memorial Tribute to the life and contributions of Beloved Miami
Citizen, Penny Lambeth, who transitioned from this life on October 28, 2016;
furthermore, saluting and paying the highest tribute to her memory and recognizing
her tireless service to the community. Ms. Lambert served as Vice -President of
TREEmendous Miami, a group that plants trees to beautify Miami -Dade County, and
was a Chair of the Dade Heritage Trust and the Historic Miami City Cemetery Task
Force.
8) Mayor Regalado, Chair Hardemon and guest School Board Member Dr. Dorothy
Bendross-Mindingall presented Certificates of Merit to 33 Executives in recognition
o f Black Histoty Month to honor and commend our African-American City of Miami
Executives and to celebrate the invaluable contribution of the Black community to
government, economy, culture and civilization.
9) Mayor Regalado and Chair Hardemon presented a Certificate of Merit to Kappa
Alpha Psi Fraterniiy, Inc. in recognition of Black History Month and more broadly,
to celebrate the African-American community's invaluable contributions to our
government, economy, culture, and civilization.
10) Mayor Regalado and Vice Chair Russell presented a Proclamation to the Miami
Police Department Brickell-Roads Neighborhood Enhancement Team (NET), a team
consisting of the Problem Solving Team (PST), Beats, and the Neighborhood
Resource Officers (NROs), who conducted self -initiated operations to best serve the
residents, business owners, and visitors to Miami. Their work with Operation. Save
Our Streets resulted in thirty-three arrests, thirty-five field interviews, seventy-five
summonses, and thirty prisoner transports. Elected of thanked these employees
of high caliber who are an asset to the Miami Police Department and exemplify the
true meaning of the word professionalism and furthermore proclaimed Thursday,
February 23, 2017 as "Miami Police Department Brickell-Roads NET Day" in the
City ofMiami
Chair Hardemon: We will now make the presentations and proclamations
Presentations and proclamations made.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
There are no minutes scheduled to be approved.
Chair Hardemon: There are no meeting minutes to be approved.
MV - MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Thank you very much.
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
END OF MAYORAL VETOES
ORDER OF THE DAY
City of Miami Page 3 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mayor Tomas Regalado: Hello. We wait for Chairman Hardemon to begin the
regular Commission meeting. Mr. Chairman.
Chair Hardemon: Thank you very much. We will now begin our regular meeting.
The City Attorney will state the procedures to be followed during this meeting.
Victoria Mendez (City Attorney): 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 City Code section about lobbyists is available in the City Clerk's Office
or online on wwwmitnicode.com [sic]. Any person making a presentation, formal
request, or petition to the City Commission concerning real property must make the
disclosures required by the City Code in writing. A copy of this Code section is
available in the City Clerk's Office or online at wwwmunicode.com [sic]. The
material for each item on the agenda today is available during business hours at the
City Clerk's Office, and online, 24 hours a day, at wwwmiamigov.com [sic]. Any
person may be heard by the City Commission through the Chair for not more than
two minutes on any proposition before the City Commission, unless modified by the
Chair. If the proposition is being continued or rescheduled, the opportunity to be
heard may be at such later date before the City Commission takes action on such
proposition. The Chairman will advise the public when the public may have the
opportunity to address the City Commission during the public commentperiod.
When addressing the City Commission, the member of the public must first state his
or her name, his or her address, and what item will be spoken about. A copy of the
agenda item titles will be available at the City Clerk's Office and at the podium for
your ease of reference. Anyone wishing to appeal any decision made by the City
Commission for any matter considered at this meeting may need a verbatim record of
the item. A video of this meeting may be requested at the Office of Communications
or viewed online at wwwmiantigov.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 auxiliary assistance -- auxiliary aids and services for this meeting may
notify the Citv Clerk. The lunch recess will begin at the conclusion of the
deliberation of the agenda item being considered at noon. The meeting will end
either at the conclusion of the deliberation of the agenda item being considered at 10
p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first.
Please note, Commissioners have generally been briefed by City staff and the City
Attorney on items on the agenda today. At this time, the Administration will
announce which items, if any, are being either withdrawn, deferred, or substituted.
Thank you.
Daniel J Alfonso (City Manager): Mr. Chairman.
Chair Hardemon: Chair Hardemon: You're recognized, Mr. Manager.
Mr. Alfonso: Good morning, Commissioners.
Vice Chair Russell: Good morning.
City of'Miami Page 4 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Alfonso: My understanding, item FR.1 is to be withdrawn, and item RE.3 is to
be deferred until March 23.
Commissioner Gort: What was the second one?
Mr. Alfonso: RE.3.
Commissioner Gort: RE.3?
Mr. Alfonso: RE.3, yes, Mr. Commissioner.
Chair Hardemon: Are there any other items that need to be deferred continued,
withdrawn?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: If we could continue FR.4.
Chair Hardemon: Are there any other items?
Commissioner Gort: Mr. Chairman.
Todd B. Harmon (City Clerk): Chair, my apologies, but just for the record, if we're
going to continue FR. 4, it'll be continued to the March 23 meeting; is that
acceptable, sir?
Commissioner Carollo: Yeah. That's what a continuance is.
Mr. Hannon: Okay, yes, sir. Thankyou, Chair.
Chair Hardemon: All right, seeing no other additions, is there a motion in
accordance?
Commissioner Suarez: So move.
Commissioner Carollo: Second.
Chair Hardemon: It's been moved and seconded. Any further discussion? Hearing
none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Vice Chair Russell: Mr. Chairman, just to note far -- I know it's coming on the PZ
(Planning & Zoning) agenda, but I understand that PZ. 6 has been withdrawn as
well; just for anyone who's in the audience that might be sitting around for that one.
It's been withdrawn by the appellant, so.
Chair Hardemon: So that was -- it was FR.1 --
City of'Miami Page 5 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: PZ --
Chair Hardemon: -- RE. 3, right? RE.3 was the one that was --
Commissioner Suarez: No, he's talking about PZ.6.
Commissioner Carollo: No, no.
Vice Chair Russell: I'm just -- I waited till after the vote to discuss PZ.6.
Chair Hardemon: No, no. No, not you, not you, not you.
Vice Chair Russell: I'm sorry.
Chair Hardemon: Mr. Clerk, I forgot to write the numbers. FR.1, withdrawn -- the
previous motion -- RE --
Mr. Hannon: RE.3 --
Chair Hardemon: -- 3, okay.
Mr. Hannon: -- continued. Yes, sir.
Chair Hardemon: Okay. And then RE (resolution) -- and then FR.4.
PUBLIC COMMENT PERIOD FOR REGULAR ITEMS)
Chair Hardemon: Okay. So we're doing things a bit dif We have an opportunity
for the public, if they want to have any public comment at the very beginning of the
meeting for any item that is on the morning agenda. So the items are the consent agenda,
the public hearing, second reading, first reading, resolutions, our budget, and any
discussion items. So ifyou want to make a comment at this time for any item on the
agenda, you're allowed to make a comment. You will also be allowed -- we'll call up
each item individually, so you'll be allowed to make comments on each item as they're
presented, so you'll have an opportunity to converse with the Commissioners in real time
as we're making our decisions moving forward. So I'm going to open up the floor and --
to answer a question that may be out there. If you speak now, yes, you'll be able to speak
at any other item that you want to speak at. Mr. Mayor.
Mayor Tomas Regalado: Mr. Chairman, Commissioners, thank you very much. I'm here
in support of the Clean Zone Ordinance. It's sponsored by Commissioner Carollo and
co-sponsored by me. Just to give you a historical background, as a City Commissioner, I
participated in some of these votes that mirrors this ordinance, when the Miami Heat
played the national championship at American Airlines Arena in downtown. A year and
a half ago, when the City, of Miami was co -applicant with the Marlins organization for
the All-Star Game, that was one of the conditions in the contract that Major League
Baseball require, which is a clean zone. Basically, what "clean zone" is, it's about the
souvenirs that Major League officially sells inside of the Marlins Park. And throughout
the years, when we have the Super Bowl or the Miami Heat Championship, this has been
done, because there are people that travel throughout the United States, using the
souvenirs in -- that had been done legally to sell outside of'the stadium. So that is
basically what this ordinance does. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, sir.
City of'Miami Page 6 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Miguel Soliman: Good morning, Commissioners. Good morning, Mr. Chairman. My
name is Miguel Soliman, 1436 Southwest 6th Street. I just wanted, in general, to bring
up a comment that I've been seeing a lot of homeowners speaking about, and I think it's a
concern that's worth considering, and that's with the circles, with the traffic circles. It
seems that it's creating an effect in our community, where people are just -- we'd have a
stop sign before we had the stop -- the -- usually, before we created the traffic circle, and
now what a lot ofpeople are doing is just spinning off that traffic circle. Since they don't
have stop sign, they just ram through it, and it's creating a situation for our residents that
will go out in the morning, either walk or jog, and they can't -- literally, during traffic
hours, they cannot cross that street. And had an incident from someone in the Roads,
speaking on -- a family member they had at their home with a wheelchair, and they
needed to get him to a certain place, and they, were going to go walking, and they could
not cross the traffic circle for hours because of the traffic, the way it does. And a lot of
neighbors suggested, instead of a yield sign, either a stop sign or a stop require -- a sign
that says, "Stop for pedestrians, " so that they are -- they're not able -- hopefully, people
won't just spin off that traffic circle and just drive right through it. Just a suggestion or
observation I wanted to bring lip to the Board. Thank you very much for your time.
Chair Hardemon: Thank you.
Luis Herrera: Good morning. My name is Luis Herrera. I live in 1181 Southwest 22nd
Terrace, Miami. I coming in the PZ.S, in the changing zoning -- I mean, a new added
[sic] in T3; I'm, against it. The people protesting about parking, protesting about traffic,
and last night we had a lot ofpeople in a meeting in the Roads; they protesting about the
traffic, and we continue changing the zoning in Miami 21. We supposed to be having Mr.
Garcia with us, walking down in the neighborhood to explain to him what is going on,
and we got to save the homes and the zoning for residential, and keep it like a residential,
Miami 21 remaining to protect the neighborhood, and this is all the way around. They
never protect the neighborhood. It's right here all the time. You got another one in PZ.9,
that it said the Department of the Zoning Appeal Board recommending deny, and they got
approval right there. So one, they said "no "; another one, they said `yes. " You are the
people in front of its neighbor to decide. And the people, they come down here -- the
lawyers, they coming down here to convince you to change the law zone or whatever. I
think you represent everybody; be thinking about it before they do anything. Right now
we got some problem with the water. We continue making high-rises, and the water is
something we need. The parking, we need more -- thank you.
Chair Hardemon: No, no, no. Keep talking. I'm sorry. That wasn't for you. Keep
talking.
Mr. Herrera: Oh.
Chair Hardemon: You keep going. I'm sorry.
Mr. Herrera: Okay. Thank you. So -- no, l heard the noise. And please, before you do
any decision in this agenda, recognize we live here. I want to live here. I don't want to
leave Miami, but you force me to move out of Miami for another eoun --for another city,
because we can't live over here in Miami anymore, because all the change they make.
We have to protect the neighborhood, and that's what we want. I got a lot of signatures.
Later on. I'm going to present the signatures I'm recording -- I mean, collecting. The
people, they be saying, "Oh, everybody approve that. " It's not true that they approve
what they going to do in PZ.S, and I think -- Thank you very much, and be concerned.
Thank you very much.
Chair Hardemon: You're recognized, ma'am.
City oj'Miami Page 7 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Brenda Betancourt: Good morning. 1436 Southwest 6th Street, Brenda Betancourt.
Actually, I am interested in FR.2 about the "Noise/Off=Street Freight and Commercial
Delivery. " I live in a corner -- actually, I live in the middle of the block. We have two
supermarket in each corner. Both supermarket have parking space in the back, parking
lot, and you see all these 18 -wheelers in 6th Street, blocking the road at 6, 7, 8, any time
of the day. My question to you guys is, are you guys thinking just about those 18 wheels
to serve certain area in the middle of the morning, like 2, 3 o'clock in the morning, or you
are talking about the whole day when other trucks is stopped in the middle of the road,
block our street? Because to me, that's concerning. We have several different mini
markets, supermarkets around the entire city. And these people, instead of be using the
side street, they cannot block the main road. They just don't care. So how we can --
going to be able to implement if have to be -- we have to call the police? How do you
guys actually going to have this ordinance be implemented? Because sometimes it's nice
to have a lot of ordinance in paper, but the key point is, who's going to implement it?
The residents has to go and call the police? The police is going to see it and stop those
people and actually giving a ticket? How exactly you planning to implement it?
Sometimes implementation is actually the key, not just the ordinance. And another thing
is, I want to support RE.4 for the parking -- restriction of residential parking zone in
Shenandoah. Commissioner Francis, really appreciate it. I know that you mentioned to
us in the homeowner association that you were going to do something about it, and we
glad that you been doing. Another thing that I want to mention is, we are seeing
increasing of crime committing in Little Havana; shootings almost every week. Our
commander that we have now -- thank of you and thank to the Chief even Mayor -- is
great. He is trying, but I think that he is -- need more support from other officer. Four
ofllcer for the entire area of Little Havana is short, and he's trying. Every time we go
around the neighborhood and we see, he is working on it. And I can assure you, if he will
not do it, I will be the first one standing here and tell you he's not doing his job, but he's
doing it. You call him any time and Commander (UNINTELLIGIBLE) will respond, or
he will send somebody to fix whatever it is that he need to get done. So those are my only
comments. And Commissioner Francis, thank you for showing up to our homeowner
association yesterday. We really appreciate it.
Chair Hardemon: Is there an other person that would like to speak on all the items at
once? Thank you very much. Can we have her question addressed? How do we
implement FR.2?
Victoria Mendez (City Attorney): With regard to FR. 2, is that the delivery one?
Chair Hardemon: I believe so.
Ms. Mendez: That one, right now, remember, is a pilot program in District 4 only. It is
not a citvwide ordinance. Ms. Betancourt, it's not a citywide ordinance, the delivery
ordinance; it is only a pilot program right now in District 4. So thank you.
City of'Miami Page 8 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PA - PERSONAL APPEARANCES
PA.1 PERSONAL APPEARANCE
1283 PERSONAL APPEARANCE BY PATRICE GILLESPIE SMITH, OF
NEAT STREETS MIAMI WITH THE MIAMI-DADE COUNTY
DEPARTMENT OF PARKS, RECREATION, AND OPEN SPACES,
REGARDING THE BENEFITS OF COMPLETE STREETS AT
VARIOUS PUBLIC VENUES.
FIRESULT: PRESENTED
Chair Hardemon: Are there any personal appearances today? I have on my agenda
Ms. Patrice Gillespie Smith. Is she available? Hello. You're recognized.
Patrice Gillespie Smith: Good morning, Chairman and members of the Commission.
Thank you so much for having me. My name is Patrice Gillespie Smith, and I have a
presentation here today for you regarding complete streets guidelines that the
County has current -- has drafted over the last couple of months. So I'm hoping that
presentation can be loaded. Ah, there it is. Okay, great. I'm here today because in
2009, the City ofMiami adopted a complete streets guideline --1'm sorry -- complete
streets resolution, and then in 2014, the County adopted a complete streets
resolution, and in both of those resolutions, we call for guidelines. So it may have
taken a while, but I'm pleased to say we have some tools for you to discuss, and those
tools have been embraced by the community already. These guidelines are
something that the community gets. As you can see, this resident with her mother --
with her daughter is standing in front of Biscayne Green downtown, really saying,
she just wants wider sidewalks. These are very, elementary guidelines, but they're the
kind of guidelines that can give your engineers and planners a foundation from
which to work. We have reached out to over 3,000 people throughout this process,
and we've heard nothing but people wanting more streets that they feel safe and
comfortable on. And why is that? That's because here in the Miami -Dade area, we
are seeing an increase in pedestrian fatalities, an increase in bicycle injuries, and
people don't feel safe. What is one of'the biggest contributors to those crashes and
deaths? It's speed. So as you can see, this is a very simple graphic, but it shows that
if a car is going 20 miles per hour, that pedestrian that is hit has a 90 percent chance
of living; increase that to 40 miles per hour, and pedestrians only have a 20 percent
chance of living, if they're hit -- struck by a car. Two years ago, Mayor Gimenez and
Commissioner Dennis C. Moss appointed a Local Action Team for Safer People,
Safer Streets, and this came out of the U.S. Department of Transportation. They had
a Mayor's challenge. And these 22 leaders, represented by your Parks director,
Kevin Kirwin, got together and they said, "We need to have two outcomes. We need
to reduce our bicycle and pedestrian crashes, and we overall need to increase bike,
pedestrian, and transit activity. " So we could reduce crashes tomorrow, if we
wanted to, by keeping all cyclists and pedestrians off the street, but we know that's
not realistic. As our density grows, we need to be offering more options for driving.
Throughout those two years, we had a ton of outreach. We engaged City folks. We
engaged County folks. We engaged lots of municipalities. And again, we heard a
growing call for guidelines. We also won an award from the U.S. Department of
Transportation last September for our efforts. We are pretty proud of that. Of all
the communities in the country, Miami -Dade won for complete streets, but one of the
biggest outcomes of the plan those 22 leaders put together was, again, a call for
City of Miami Page 9 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
guidelines. And what are those guidelines going to do? They're going to help design
streets for all modes, all people, and people of all ages and abilities, so whether
you're the "abuela" or the child crossing the street, you should feel safe and
comfortable, but these aren't new. You all have seen this here in your community.
Look at -- there's Southwest 27th before, and there it is after. You can see the
striking difference. You can see the order for the cyclists. You can see the
sidewalks. Again, all modes feel comfortable on that. Here's an example on Red
Road; before, after. Look at the sidewalk, the bike lane; again, just by bringing
order. We're not changing at all how those cars move, but we are providing room to
balance all modes. So why do we need this proactive design? Because right now,
engineers are often hemmed up by existing standards. These guidelines show them
the options that you can have that are in Federal standards; that are available
through NACTO, which is the National Association of City Transportation Official
Standards, and it also shows engineers and planners how we can encourage more
walking, biking, and transit use. So people say, "Why do we need these guidelines?"
You know, "What is the value of one more book? Why did we put this book of
guidelines together? " And that's because we know that, again, you need sometimes
a guideline. Let's say you're resurfacing your road, and you just say, "Why not do it
the same as always before?" Well, it could be just as those two examples I showed
you, because there is a growing demand for cyclists and walking. If you haven't
noticed, our congestion is growing, so there are a lot of people that, if they have the
opportunity to get out of the car; even if it's only for a mile -long trip, they're going to
do it, so might as well of them the option. The -- when we met, we talked to our
consultant, and we knew that complete streets have to be context -sensitive. We can't
put these on huge arterials, where, you know, you're moving more than 80,000 cars
a day. That's not realistic. So let's look at how they can be context -sensitive. So
these guidelines are built upon a typology. We develop the street types based -- and
as you can see, from the paseo all the way up to the thoroughfare; and then based on
that, we've also looked at land use types. And so, the engineer and the planner can
look at the context around their street and determine how to design the street
accordingly. We also broke it down -- we tried to make it as simple as possible, so
we broke it down in three elements: by the pedestrian realm, the roadway realm, and
then the intersections, and I'll just go over quickly how that breaks down. So if you
look at the most memorable streets that you've been on, think of Las Ramblas or Le
Champs -Elysees. It's -- these streets have a place for everything. They don't make a
chaotic existence. The pedestrian does not have to meander. The pedestrian has a
direct shot to get where they want to. At the same time, there's furniture, there's
trees, but everything is where it belongs. And so we helped -- in our guidelines, we
show different ways to design, based, again, on that context. If you have a beautiful
thoroughfare, you might have room for a 30 foot sidewalk. If you have a residential
road, that's not going to be an option; but again, nor will commercial retail be an
option on a residential road. We've also looked at how to rethink lane widths. For a
long time we were stuck on very, wide lane widths, because we thought you had to
accommodate the largest vehicles. These guidelines show you how to accommodate
those large vehicles with the narrower lane widths and narrower curb radii, which I
will get to. We also show where --how to accommodate bikes in transit in line with
cars. So again, this is all about balancing all modes. In intersections, this is where
a lot offolks are rethinking, because, quite honestly, intersections are where a lot of
those conflicts take place. That is where the pedestrian can get struck by someone
taking a right or a left who isn't anticipating, so what were trying to do is offer those
planners and engineers some tools to give higher visibility to the pedestrians and
cyclist in those conflict areas. Something that we've really, -- really has been
revolutionized over the last, probably, decade or so is looking at the curb radius.
For so long we designed that road to help a car almost speed, going on that right-
hand turn. Well, guess what happens when that car is speeding? They aren't
looking for the pedestrian. If'you can tighten that radius, you can also provide room
for the cyclist, but you slow that car down where it needs to be slowed down, and
City of'Miami Page 10 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
that's at the intersections. And we've offered some other tools in which, quite
honestly, I'm seeing these going up on City of Miami streets. I've noticed FDOT
(Florida Department of Transportation) is putting some of these flashing beacons.
They're putting the more pronounced crosswalks. Again, our guidelines help you get
there with those. So what are the next steps? I should have mentioned at the very
beginning, these guidelines were paid for through a grant with the Florida
Department of Health here in Miami -Dade, and they asked that we wrap up these
guidelines by the end of January, but we are still working with your City staff. We
actually have a meeting tomorrow with your Planning & Zoning and your
Transportation people, and so we will incorporate any recommended changes that
they have to offer; but we've been. meeting with cities across the County, with the
intent of having the County prepare to adopt these guidelines in February -- in April.
And once we do that, we're hoping municipalities will take these, tailor them to their
needs, and then adopt them at each community level. So with that, I'm happy, to take
any questions that you may have.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized.
Ms. Smith: Yes, Vice Chair.
Vice Chair Russell: Thank you for coming and thank you for the presentation. I'm
wondering when we take this from pilot program to standard practice. We're
looking at this on 1st Street downtown --
Ms. Smith: Yes.
Vice Chair Russell: -- implementing it, and I know we're doing it on a one-year pilot
program. Is there still unknown data out there of'whether this is a good idea to do
or, not, or does it need to be done case by case? Because -- you know, doing a pilot,
and then rolling out the real thing is really doubling the tune, doubling the effort and
cost.
Ms. Smith: Sure. That --1 can see your logic there, but I'll tell you, what I've seen
across the nation is that sometimes a community just needs to see the paint on the
ground to understand it can work, kind of' like with Biscayne Green. After that
happened, what happened, a lot oj'residents saying, "Why can't this be permanent?"
So in that instance, yes, there is a lot -- I've been on -- and on the design, of the
Complete Street demonstration project on Southwest 1st, and Tin seeing it's been a
great learning experience for all parties involved. So what I believe is, after that
demonstration project, you will see a greater demand for those across your city.
Vice Chair Russell: For those who experienced it, you're right, especially, in
Biscayne Green; they get it, and they enjoyed it, and they felt why it's a benefit. But
for those who haven't experienced it firsthand, I have gotten complaints that I would
love to have a good answer for when people say, "We have so much congestion
downtown. How can we even think of reducing" -- "taking away a traffic lane or
taking away some parking?" What's your response to that?
Ms. Smith: You know, I have some friends who asked that exact question. And I'll
tell you, oftentimes, it doesn't add to congestion; it actually brings order to the
street, because when you redesign a street, let's say, for a road diet where you take
away a lane, oftentimes, you're incorporating a left -turn lane only. So what causes
backups? It's when there is no left -turn lane, and that one person is taking up an
entire lane of traffic, holding up traffic, waiting to take that left turn. But when you
create order and you provide a space for everyone, you're actually helping traffic
City of'Miami Page 11 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
flow more certainly -- or more predictably. New York has seen it when they shut
down Broadway. Times for traffic -- taxis, actually, improved because taxis knew
that they had to go on dedicated roads. They weren't trying to get through
Broadway anymore.
Vice Chair Russell: Thank you. And my final question: On bike lanes, if cost is an
issue and you had to choose, it is more preferable to have a painted bike lane or a
buffered bike lane with no paint?
Ms. Smith: What research has shown as -- you know, for the cyclists like myself,
who has children, cyclists feel more comfortable with a buffered bike lane.
However, in places where there is no space, such as Rickenbacker Causewarv, we
have received kudos from the cycling community, because we've put in those bike
lanes, and we've made them very pronounced. So, you know, there's no way a
motorists can say, I had no idea there was a bike lane there. " So I think it depends
on the amount of space you have available.
Vice Chair Russell: Thank you.
Ms. Smith: Thank you.
Chair Hardemon: Are there any other questions? You're recognized.
Commissioner Suarez: Just a couple things. As you developed this -- I didn't see
anything, and I'm sure it's probably in some other format that you have on road
diets.
Ms. Smith: Yes. There is -- there's a whole section on how to implement a road diet,
and what kind of context, where it would be appropriate.
Commissioner Suarez: We're doing one on 22nd Avenue, between Coral Way and
US 1, and I think once Coral Gables finishes their Miracle Mile project, I also want
to take a look at how that was done, the "dos" and the "don'ts, " because there's been
some "don'ts, "for sure; but I think, overall, it's going to change the experience of
Miracle Mile in a positive way, and so I want to look at that for the rest of Coral
Way and how that could potentially be extended beyond 37th Avenue. The other
thing is --1'm sure this is somewhere in your presentation or in your thoughts -- with
a lot of these complete streets, and just when you differentiate what's going on in the
street, the engineers in the transportation world have a tendency, in in opinion, to
over signage. It's an over signage thing. They want to let everyone know every
single thing that's going on, you know, well in advance, and then you have -- you get
inundated with signs. I mean, like, it's crazy.
Ms. Smith: Yes.
Commissioner Suarez: So I'm just wondering if part of your recommendations can
be, you know -- perfect example is right out here on 27th Avenue. There's a huge,
you know, roundabout that was --
Ms. Smith: Right.
Commissioner Suarez: --just created. I mean, it's massive. You can't miss it. So to
have a sign that actually shows you how to get around the roundabout, as if
somebody's going to like miss the roundabout, to me just seems like overkill, and it
takes -- it diminishes from the beauty of having an intersection done in that way, and
I get a lot of complaints fNom residents, I got to tell you, when we do either traffic
City of'Miami Page 12 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
circles or whatever that -- there's just a hvper amount of signage that comes along
with those circles and stuff.
Ms. Smith: Well, interestingly enough, I think engineers would agree with you. If
they could avoid putting those signs up, they would, because they do believe it adds
to the street clutter. It obviously costs more, because maintenance of those signs, but
what they often find, especially an instance where you put a new traffic maneuver, is
that you will find, you know, a certain percentage of motorists who say, I had no
idea, " late at night, and run right into the traffic circle. So, you know, one idea is
maybe to phase those out as the motorist gets used to the new maneuver.
Commissioner Suarez: Or doing something a little differently with the little
reflectors --
Ms. Smith: Right. Yes.
Commissioner Suarez: -- which is --
Ms. Smith: I have seen communities do that.
Commissioner Suarez: -- during the day, yeah.
Ms. Smith: Yeah, definitely.
Chair Hardemon: Are there any other questions? Any more comments?
Ms. Smith: Thank you for your time.
Chair Hardemon: No. Thank You very much.
END OF PERSONAL APPEARANCES
City of'Miami Page 13 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
CA.1
RESOLUTION - Item Pulled from Consen
1608
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING AN INCREASE TO THE AUTHORIZED
EXPENDITURE LIMITS IN AN AMOUNT OF $25,000.00, FOR A
Parks and
TOTAL AMOUNT NOT TO EXCEED $75,000.00, FOR THE
Recreation
PURCHASE OF LIFEGUARD EQUIPMENT AND AQUATIC
CENTER SUPPLIES FROM WATER SAFETY PRODUCTS, E -
LIFEGUARD, AND THE LIFEGUARD STORE, UTILIZING THE
COMPETITIVELY BID BREVARD COUNTY CONTRACT B-6-15-44,
EFFECTIVE THROUGH MARCH 26,2017; ALLOCATING FUNDS
FROM THE DEPARTMENT OF PARKS AND RECREATION,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT TIME OF NEED.
ENACTMENT NUMBER: R-17-0079
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt
ADOPTED
Francis Suarez, Commissioner
Frank Carollo, Commissioner
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: Mr. Manager, CA.].
Kevin Burns: Good morning, Mr. Chair, Commissioners. Kevin Kerwin, your City
of Miami Park & Recreation director. CA.1 is asking -- is an item asking you to
authorize jor its to extend our spending limit for the contract that we buy the
lifeguard equipment, ftom $50,000 to $25,000.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Historically, consent agendas, we do it all in one shot.
Chair Hardemon: Right, but what -- the way that -- in the past, before I became
Chairman, it didn't allow people to give public comment on the consent agenda
items, and I want to ensure that people have public comment. Over the past --I don't
know -- 15 months, I've been allowing public comment on the CA (Consent Agenda)
agenda, and the only way that we can do public comment on each of the items is if
we open up and close it to allow people to speak on each item, but I don't want -- so
someone may -- you may get to CA.4 and someone says, "Hey, I want to speak, " so
I'm just giving them the opportunity. Is there anyone jirom the public that'd like to
speak on item CA. 1 ? Hearing none, is there a motion?
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
City oj'Miami Page 14 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: It's been properly moved and seconded. You want to do a roll --?
I want to -- Well, all in favor, say "ave."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
CA.2 RESOLUTION - Item Pulled from Consent
1634 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A
Police GRANT FROM THE OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT
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
ALL OTHER NECESSARY DOCUMENTS IN, A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0080
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.2.
Rodolfo Llanes: Good morning, Commissioners. Rodolfo Llanes, Chief of Police.
CA.2 is accepting a grant from the Omni CRA (Community Redevelopment Agency)
of $500, 000 for improved police services.
Commissioner Gort: Move it.
Vice Chair Russell: Move it.
Commissioner Carollo: Second.
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded. Is there anyone from the
community that'd like to speak? Seeing none, is there any discussion from the board
members? All in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City of'Miami Page 15 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
CA.3
RESOLUTION - Item Pulled from Conser'
1635
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Police
EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES
OF THE CHILD ABDUCTION RESPONSE TEAM ("CART) AND THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE") FOR
AN EXTENDED PERIOD FROM JANUARY 1, 2017 TO DECEMBER
31, 2020, TO CONTINUE TO RECEIVE AND EXTEND MUTUAL
AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND
RESOURCES TO ADEQUATELY RESPOND TO CONTINUING,
MULTI -JURISDICTIONAL INVESTIGATIONS OF CHILD
ENDANGERMENT AND MISSING/ABDUCTED CHILDREN TO
PROTECT THE PUBLIC PEACE AND SAFETY, AND PRESERVE
THE LIVES AND PROPERTY OF THE CITIZENS, AS DEFINED IN
PART 1, CHAPTER 23, FLORIDA STATUTES.
ENACTMENT NUMBER: R-17-0081
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.3.
Rodolfo Llanes (Chief of Police): Commissioners, CA.3 is a memorandum of
understanding with the Florida Department of Law Enforcement for a CART (Child
Abduction Response Team) Team. This is basically a team that is mobilized when we
have an abduction of a child or a missing child. We leverage all our resources
together to investigate that incident.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that would like to speak on this item? Seeing none, I'll close the public
hearing on that item. Is there any further discussion from the board members?
Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City of'Miami Page 16 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
CAA
RESOLUTION - Item Pulled from Conser'
1639
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
Public Works
MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF
DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR HIGHWAY PURPOSES; 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-17-0082
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.4.
Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Public Works
director. CA.4 is a resolution authorizing the City Manager to accept 10 right-of-
way deeds of dedication for highway purposes, and having those deeds recorded in a
public record.
Vice Chair Russell: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that'd like to speak on this item?
Commissioner Gort: I have a question.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: My understanding in looking at the maps that you put together,
is this complying, more or less, with the presentation that was made today, like the
corners that want a curve or -- instead of a --?
Mr. Santana: Some of these dedications are for the corner radius, so those allow for
wider sidewalks at the corners and the implementation of ADA (American with
Disabilities Act) ramps.
Commissioner Gort: So, also, I wanted to state that this -- complying with the
presentation that was made today about sidewalks and so on. Thank you.
Mr. Santana: Sure.
Chair Hardemon: Any further questions? There is a motion on thefloor, loon, correct?
Commissioner Suarez: Yes.
Commissioner Gort: Yes.
City of'Miami Page 17 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.5
RESOLUTION - Item Pulled from Consent
1662
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT
Public Works
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN
SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE
INSTALLATION AND MAINTENANCE OF LANDSCAPE AND TURF
WITHIN STATE ROAD 90/SOUTHWEST 8TH STREET FROM
SOUTHWEST 27TH AVENUE TO SOUTHWEST 3RD AVENUE,
MIAMI, FLORIDA.
ENACTMENT NUMBER: R-17-0083
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt
ADOPTED
Francis Suarez, Commissioner
Frank Carollo, Commissioner
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.5.
Juvenal Santana (Director/Public Works): Commissioners, CA.5 is a resolution of
the Miami City Commission, authorizing the City Manager to execute a maintenance
memorandum of agreement with the Florida Department of' Transportation for
installation of landscaping on Southwest 8th Street, between 27th Avenue and
Southwest 3rd Avenue.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Anyone fNom the public
like to speak on this item? You're recognized, ma'am.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I'm just
concerned about this memorandum in reference of we been promised for several
month almost -- I think about two years -- about us, we going to get the trees on 8th
Street. And this memorandum is about those trees that has not been plant or even
cutting by the -- because they were supposedly damaged, or cutting by the business
owners that borders the street. Are those memorandum, is going to cover and protect
those trees that we actually need to have in 8th Street? Because every time we talk
about 8th Street, the City say "FDOT" (Florida Department of Transportation).
Every time FDOT say something, say, "It's part of the City. " So can you clarify if
this memorandum is going to help us with those 64 trees from 27 and 3rd that we
already identify with Quatisha in 2015, January 2015, and we are in 2017? Thank
you.
City of'Miami Page 18 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Santana: Okay. Specifically to the MMOA (Maintenance Memorandum of
Agreement), this is only for ground cover. This is part of the pedestrian safety
project that DOT (Department of Transportation) install -- going to be coming in
with. With regard to the trees along 8th Street, we've just gone through two projects
where we planted several trees. I think we planted over 45 new trees along
Southwest 8th Street. We can discuss it further at your convenience.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Vice Chair Russell: Second.
Chair Hardemon: It's already been moved and seconded. You have something you
want to add?
Mr. Santana: With regard to the trees, Dr. Ihekwaba mentioned we do have a
maintenance agreement with the DOT currently existing. It's referenced in this
resolution for the maintenance of the trees and the pavers that are on 8th Street
currently.
Chair Hardemon: Is there anyone else from the public that'd like to ask questions or
speak to this item? Hearing none, is there any further discussion from the Board?
All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.6 RESOLUTION - Item Pulled from Consent
1663 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset EXECUTE THE STATE OF FLORIDA DEPARTMENT OF
Management TRANSPORTATION ("FDOT") LEASE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
PROVIDING FOR THE LEASE OF THE FDOT-OWNED PROPERTY
KNOWN AS FDOT PARCEL 565, LOCATED UNDERNEATH WEST
FLAGLER BRIDGE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" OF THE AGREEMENT ("LEASE AREA"), AT NO COST
TO THE CITY OF MIAMI ("CITY"), FOR AN INITIAL TERM OF TEN
(10) YEARS WITH ONE (1) OPTION TO RENEW TERM FOR AN
ADDITIONAL TEN (10) YEARS, FOR THE PURPOSE OF
PROVIDING A COMMUNITY RECREATIONAL AREA FOR PUBLIC
USE, WITH TERMS AND CONDITIONS MORE PARTICULARLY
DESCRIBED IN THE AGREEMENT.
ENACTMENT NUMBER: R-17-0084
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Frank Carollo, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.6.
City of'Miami Page 19 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Daniel J. Alfonso (City Manager): Commissioners, for the record, I want to
apologize, because when I briefed you, I thought that this property was the one
under the Skate Park, next to Flagler Street. It is actually a property that is on the
west side of the river, under Flagler Street. So we'll correct that record.
Daniel Rotenberg (Director): Good morning, Commissioners. Daniel Rotenberg,
Department of Real Estate & Asset Management. CA.6 is a resolution authorizing
the City Manager to execute a lease with the Florida Department of Transportation
at no cost. It's a 10 -year term from FDOT (Florida Department of Transportation),
with one 10- vear renewal option. It's under the West Flagler Bridge, to be used for
public space.
Commissioner Carollo: Move it.
Vice Chair Russell: Second.
Chair Hardemon: Been properly moved and seconded. Is there anyone front the
public that'd like to speak on this item?
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: Discussion. You're recognized.
Commissioner Suarez: I just -- again, and I apologize, because this -- when I was
briefed on it, I was told that it was the property underneath the 95, which was the
Skate Park. What is -- I'm having a hard time understanding from the graphic I saw
today what exactly it is that we're doing. Is it the bridge, or is it that little sliver of
property that's underneath the bridge?
Mr. Rotenberg: It's the -- Commissioner, it's a slip of property underneath the
bridge. The survey is a little difficult to read, because it does show the bridge on top
of that. The piece of property is directly under the bridge, it's fenced in, and it's been
used as a public space. FDOT was kind enough to give us an agreement so we can
take over the public space and its maintenance.
Commissioner Suarez: So we're taking it over?
Mr. Rotenberg: Yes.
Commissioner Gort: It's a nice space.
Chair Hardemon: Any other discussion? Hearing none, all in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City oj'Miami Page 20 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
CA.7
RESOLUTION - Item Pulled from Conser'
1664
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset
EXECUTE A PURCHASE AND SALE AGREEMENT
Management
("AGREEMENT") IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND RAMOS REALTY
MANAGEMENT, LLC ("SELLER"), FOR THE ACQUISITION OF
REAL PROPERTY LOCATED AT 2300 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE
TOTAL LOT AREA OF 8,400 SQUARE FEET ("PROPERTY"), AS
LEGALLY DESCRIBED IN THE AGREEMENT, ATTACHED AND
INCORPORATED, FOR A TOTAL PURCHASE PRICE OF FOUR
HUNDRED THOUSAND DOLLARS ($400,000.00), CONTINGENT
UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A
LICENSED FLORIDA APPRAISER STATING THAT THE
APPRAISED VALUE OF THE PROPERTY IS AT A MINIMUM THE
REFERENCED AMOUNT HEREIN; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE SAID ACQUISITION;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT
NO. B50568, D4 PARK LAND ACQUISITION, IN A TOTAL AMOUNT
NOT TO EXCEED FOUR HUNDRED TWELVE THOUSAND
DOLLARS ($412,000.00), TO PROVIDE FOR THE COST OF SAID
ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY,
ENVIRONMENTAL REPORT, TITLE INSURANCE AND RELATED
CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
AGREEMENT.
ENACTMENT NUMBER: R-17-0085
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt
ADOPTED
Francis Suarez, Commissioner
Frank Carollo, Commissioner
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA. 7.
Daniel Rotenberg (Director): CA. 7, Commissioners. Again, Daniel Rotenberg,
Department of Real Estate & Asset Management. CA.7 is a resolution authorizing
the City Manager to execute a purchase and sale agreement for approximately 8,400
square feet. This is at 2300 Southwest 22nd Terrace in Miami. This is for a park.
It's $412, 000 total, including closing costs; purchase price for the piece of property
is $400, 000. It was based on appraisals, fair market value.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
City of'Miami Page 21 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Properly moved and seconded. Is there anyone from the public
that would like to speak on this item? Hearing none, any discussion? All in favor,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.8
RESOLUTION - Item Pulled from Consen,.
1730
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST
Procurement
ONE (1) YEAR OPTION TO RENEW THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND TAYLOR LEASING
CORPORATION D/B/A TAYLOR LEASING & RENTAL ("TAYLOR")
FOR THE PROCUREMENT/LEASE OF A MARINE FORKLIFT
TRUCK FOR A PERIOD OF TWELVE (12) MONTHS AT $5,819.00
PER MONTH FOR A TOTAL AMOUNT NOT TO EXCEED
$69,828.00 ANNUALLY, FOR THE DEPARTMENT OF REAL
ESTATE ASSET MANAGEMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS,
INCLUDING THE REMAINING THREE (3) OPTIONS TO RENEW,
AND ANY AMENDMENTS AND MODIFICATIONS TO THE LEASE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; ALLOCATING FUNDS FROM THE VARIOUS
SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
ENACTMENT NUMBER: R-17-0086
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.8.
Annie Perez: Good morning, Commissioners. Annie Perez, director of
Procurement. CA.8 is authorizing the City Manager to exercise the first option to
renew for the lease agreement for a marine forklift truck.
Vice Chair Russell: Move it.
Chair Hardemon: Moved by the Vice Chairman.
Commissioner Suarez: Second.
Chair Hardemon: Seconded by Commissioner Suarez. Is there anvone from the
public that'd like to speak on the item? Any discussion? Hearing none, all in favor,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City of'Miami Page 22 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
CA.9 RESOLUTION - Item Pulled from Conser'
1727 A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners AUTHORIZING THE PLACEMENT OF A MARKER DESIGNATION,
and Mayor PURSUANT TO SECTION 54-136(1) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AT THE JUAN PABLO
DUARTE PARK GAZEBO LOCATED AT 2800 NORTHWEST 17TH
AVENUE, MIAMI, FLORIDA, TO COMMEMORATE JULIO VARGAS
THROUGH THE DESIGNATION OF THE "JULIO VARGAS
PAVILION", SUBJECT TO ALL APPLICABLE PERMITTING
REQUIREMENTS.
ENACTMENT NUMBER: R-17-0087
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: CA.9.
Commissioner Gort: CA.9, I would like to discuss that. The --
Chair Hardemon: Okay.
Commissioner Gort: If you all recall, the -- we always trying to find common
denominator to bring people together, and we have found that domino is being one
of them. We began them in Little Havana and then in Calle Ocho on 16th Avenue.
It's the most visited park per square foot and percentage throughout the United
States. We created the Domino Park also here in Coconut Grove, and now we've
been working with the Dominican members of the community in Allapattah, and they
establish a -- we establish a little park there so they could play the dominos, and we
have a competition among different neighborhoods, and they get to know each other,
and it's amazing. A lot of people thinks that the dominos -- the Latin culture, but a
lot of people don't realize is -- dominos came from China to Africa, from Africa from
the United States, over to America, and I found that out when I was in the Army
where I -- South Carolina I found people playing dominos, and I was asking, `How
did you get this?" And they were telling me, they've been playing all their lives. So
at this time, I'd like to name -- we have Doetora Vargas with us. She's a very --
activist, member of'the Dominican community in Allapattah, and her brother is the
one that put the whole club together, and we got space at the park, at the Duarte
Park. We have a little pavilion there that they started, and they play domino there.
They get together and they have the competitions, and we would like to -- he passed
away, Julio Vargas, who's the -- her brother. He's the one that put the whole thing
together, and I would like to name that pavilion, "The Julio Vargas Pavilion. "
Commissioner Carollo: Second.
Commissioner Suarez: Second.
Chair Hardemon: It's been properly moved and seconded. Is there any discussion?
Commissioner Suarez: No.
City of'Miami Page 23 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Is there anyone from the public that'd like to speak on the item?
You're recognized, ma'am.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I think that the
pavilion is more than just united. Do you guys -- are any chance this is going to be
just like Domino Plaza, that just seniors be able to play? Because that's one
something that we have. It's great for our seniors in Domino Plaza, but nobody else
can play. Eventually, 1 will get to be a senior and get my card, but in the meantime,
do you guys are planning on this park have the same rules as Domino Plaza, that
just seniors are going to play, or everybody else is going to have the right to play?
Because remember, taxpayers are notjust seniors.
Commissioner Gort: ThankYou.
Chair Hardemon: Is there anyone else from the public? Are there any rules added
to this, Mr. Manager, that require that seniors -- I mean, others who are not seniors
Commissioner Gort: No. This whole thing was put together -- and like I stated
before, what works in one neighborhood does not work in all the neighborhoods.
There are different type of it. This club was put together by the residents of the area.
They're the one that manage it. They're the one that run it, according to the park's
rules. They're the one that determine who plays, who doesn't play. And let me go a
little bit back. One of the reasons they put the citizens playing= at the Domino Park
on 8th Street, because in 1980, we had a influence -- a lot of group of people that
were not the best behavior people in the world, and they would go in there and cause
a lot of problems. Originally, that was begin for senior citizens, and that's why the
rule was like that in Little Havana.
Chair Hardemon: Is there any_further discussion? Hearing none, all in favor, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
END OF CONSENT AGENDA
City of'Miami Page 24 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PH - PUBLIC HEARINGS
PHA
RESOLUTION
1750
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
Commissioners
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
and Mayor
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING
AYES:
THE CITY MANAGER'S FINDING THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION
18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT
FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S
ANTI -POVERTY INITIATIVE, IN AN AMOUNT UP TO $50,000.00 TO
LATIN CHAMBER OF COMMERCE OF THE UNITED STATES
("CAMACOL"), FOR FINACIAL ASSISTANCE TO DISTRICT 4
BUSINESSES AND BUSINESSES NEGATIVELY AFFECTED BY
FLORIDA DEPARTMENT OF TRANSPORTATION FLAGLER
STREET CONSTRUCTION DURING THE DURATION OF SUCH
CONSTUCTION; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, NECESSARY TO EFFECTUATE THE
PROGRAM.CTUATE THE PROGRAM.
ENACTMENT NUMBER: R-17-0088
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: PH1. Madam City Attorney or -- because it has to be read into
the record. Can You read it into the record?
Daniel J. Alfonso (City Manager): Commissioner-- Chairman, PHI is a resolution.
brought forth by Commissioner Suarez, to make a contribution of $50, 000 to the
Latin Chamber of Commerce of the United States, Florida. It's a non for profit
corporation. It is out of District 4 funds. Commissioner.
Commissioner Suarez: Thank you, Mr. Chair. And I just -- it's a commercial rehab
program, and 1 simply would -- the only thing 1'd like to do is amend it on the floor
and just make it available to -- for the time period that there's construction on
Flagler, that the Flagler businesses that extend beyond District 4 also have an
opportunity, to apply for this program, because, obviously, during the time that
there's construction -- We've talked about this. Commissioner Carollo's been on the
forefront of this issue. You know, we've -- those businesses are struggling, and I
think at least for that time period while the construction is ongoing, I'd like for them
to be able to have the opportunity to participate in this program, if they'd like to.
And if Commissioner would like to co-sponsor this with me, I'd love to have his co-
sponsoring on this item.
Chair Hardemon: Okay.
City of'Miami Page 25 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Victoria Mendez (City Attorney): Commissioner Suarez, and just to he clear, do you
know, more or less, the proximity? Is it 27th Avenue to 20 --?
Commissioner Suarez: It's Flagler, from 27th Avenue, all the way to the bridge,
basically.
Ms. Mendez: Okay.
Commissioner Suarez: All right.
Ms. Mendez: Thank vou.
Chair Hardemon: Okay, so I'll --
Commissioner Suarez: So you can refer to it as the area that -- FDOT (Florida
Department of Transportation) is reconstructing, because there's another Flagler
project, which is creating issues as well.
Ms. Mendez: Thank you for the clarification.
Commissioner Suarez: Yeah.
Chair Hardemon: So I'll take that as a motion by --
Commissioner Suarez: Yeah, you can take that as a motion.
Chair Hardemon: -- Commissioner from the 4th district --
Commissioner Carollo: Second.
Chair Hardemon: -- modifying the resolution, and seconded by Commissioner
Carollo. Commissioner Gort.
Commissioner Gort: Discussion. 1 think, somehow, that our Public Works should
get involved with the DOT and find out -- because my understanding, a lot of people
don't realize this. Businesses in that area, they're small businesses that depend a lot
on the walking traffic, and it's very difficult when you don't have that -- the big holes
that you have in Flagler Street for those people that -- are taking a lot of loss, and I
would like our Public Works to talk to them. My understanding is, they divide the
project into different developers; and what happens, some developers do a lot better
than other ones. For example, I thinkfrom 12th Avenue to -- all the way to 27th or
22nd is a disaster, what's taking place in that area. It's been there for a long time
now.
Chair Hardemon: is there any further discussion? Is there anyone from the public
would like to speak on this item? You're recognized, ma'am.
Brenda Betancourt: 1436 Southwest 6th Street, Brenda Betancourt. I want to know
if the followings: The north side of Little Havana, especially Flagler; but not just
Flagler and 1st Street, we have around 75 business owners are requesting
information about, you know, exactly this, fundings for them to assist them. We have
-- from 18th Avenue all the way down to 21st, you are not able to make a right into
the street if you come from I st or Flagler -- Flagler. The entire street is completely
in dirt. They're block, and unless you go around five blocks each way, you cannot
cross. So the business owners cannot have people parking in front of' their stores.
They cannot have traffic. They don't have no sidewalk. So what concern of
City of'Miami Page 26 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Francis is saying is more than that. Businesses has been gone to
another area. We have amount of lease area now, leased spaces, because of that.
So are this Commission are going to be able to try to find out from FDOT if they
doing anything, at all? Because we begin to the meeting. Every month we doing the
Flagler meeting. I'm representing our (UNINTELLIGIBLE) in those meetings, and I
go to every single meeting with FDOT and Flagler. And apparently, unless it comes
from this Commission, 1 don't think the concerns of the citizens that we say every
month is resonating in their mind. So I really appreciate it if you guys can think
about those business owners in Flagler. 1 know $50,000, it will help them; and 1
know you, by yourself, it's impossible to get it done, but this Commission can send a
letter to legislator, something. Flagler is a disaster, and this is just the first one. We
are working in the second phase. These people going to go allover again after they
done with what thev doing right now. So if we want to be responsible, we need to
make sure that FDOT not just fix the street, but help these business owners to
survive. So please, whatever it is that you guys -- I know you working MPO (Miami
Parking Authority), 'pero" it's going to need all of you as a city, asking the same
request of the City of Miami has put on FDOT. You do not do anything more than
five blocks. Unless you finish it, you will not allowed to move to the next blocks.
This is not happening in Flagler. Or what the goal is for all the small business
owners to go on so they can develop as a block of -- image of Brickell, because that's
what like -- if people feel like, that you are not paying attention to the small business
owner that been there for 20, 30 years, and now that most people have to close the
doors.
Chair Hardemon: Mr. Manager, is there any way that we can have someone from
staff assist her with the communication between FDOT and the community so
whatever her concerns are -- if there's a letter that needs to be drafted to find out
what the direction is with that to better clarify what's happening, can we do that?
Mr. Alfonso: We can certainly do that, Mr. Chairman. Right now, I know that the
Florida Department of Transportation does not have such a program, but we can
certainly let them know. And again, the legislator's in, session, so if this is something
that the League of Cities wants to take up, or somebody from this dais would like to
take something to Tallahassee, I mean, this is the time to do it.
Chair Hardemon: Yeah. 1 mean, when you look at what's happening with the
construction of the roads -- I mean, you have this construction that goes all the way
up to the sidewalk part oj' the right-of-way. I mean, it's directly in front of the
businesses, and it travels blocks long. So, I mean, if something will interrupt a
business, I mean, that's it, you know.
Commissioner Gort: Northwest 7th Avenue.
Chair Hardemon: Yeah, North -- exactly. This is exactly what I'm speaking about. I
look at 36th Street south, it's horrendous. So if you depending on foot tragic or
people to come visit you, people are definitely less likely to come visit you during this
time, and it's -- it takes a long time to get these improvements. And, you know, the
decisions is always, "Well, do we do the improvements or you not? " If you do the
improvements, it's going to be some sort of delay, but there certainly has to be
something that we can do to have FDOT be more assisting with us to help provide
resources to those businesses.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
City of'Miami Page 27 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Thank you, Mr. Chairman. If you recall when State Senator
Jose Javier Rodriguez was here, I addressed the issue here publicly with him. Since
then, we have had numerous communications. He actually toured the area, I believe,
the last time we had Commission meeting, because I couldn't attend because I was at
Commission meeting, so there has been communications, and we're hoping that the
situation will be remedied. Thankyou.
Chair Hardemon: Sir, you're recognized.
Miguel Soliman: Thank you; Mr. Chairman, Commissioners. Miguel Soliman, 1436
Southwest 6th Street. I just wanted to -- on this topic of Flagler and I st Street, it's
amazing to me. I come from the private sector. And in the private sector, we do
roads, we do infrastructures in record time compared to this Flagler project. In the
private sector, we probably would have done roads and all the utilities for an area
that large in a matter of three months, we would have done it. The problem is, Igo
by Flagler, and you see a section of 6, 8, 10 blocks; you don't see a single soul
working. Weeks go by and nothing. You'll see -- a week goes by, then you'll see a
couple of guys and a piece of heavy equipment working one day, couple of days,
three days, and then they disappear for another two weeks. Is there any mechanism
anywhere that we can watch that, we can monitor that? Any way to put pressure on
FDOT so that they make sure that their people, their contractors are working
efficiently and scheduling? And actually, is anybody looking at their schedule?
These are things that has -- that have to be brought up to FDOT. And is there any
way, as a city, we can put pressure on FDOT to better monitor these subcontractors?
You know, perhaps Commissioner Suarez -- I wanted to mention it to him -- perhaps,
he could contact the Legislature and certain members? In that way, put pressure on
them.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: I'll be more than glad to share the numerous emails that I
have in communication with my office with them, and all the reasons why they're not
working, or they stopped working, or this or that. So if you want, I'll share that
communication with you, and then see what you feel the remedy should be.
Mr. Soliman: All right. Appreciate that.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Let me ask a question.
Mr. Soliman: Thank you.
Commissioner Gort: Mr. Manager.
Mr. Alfonso: Yes, Commissioner.
Commissioner Gort: I know DOT is the State and the State has certain jurisdiction
over us, but do they, have to pull a permit within the City of Miami?
Mr. Alfonso: Permit? No, sir.
Commissioner Gort: I want to know what the procedure is, because it's important
.for people to understand. Because people don't understand, DOT, it's an
City oj'Miami Page 28 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
organization; City of Miami is a different organization, and everything is blamed on
the City.
Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Assistant City Manager.
Flagler Street, from the bridge going west, is a State road, and the City of Miami
does not have any jurisdiction over State roads. So the State issues permits to
themselves, and they carry out their construction. The only communication we
typically will get ftom them is at the beginning of a project, when they do a public
information session with the public. Beyond that, we do not have any jurisdiction or
control over their projects.
Commissioner Gort: Okay. But I want to make sure people understand that,
because people believe that we do have jurisdiction of it.
Mr. Ihekwaba: We do not.
Commissioner Gort: It's ridiculous. The -- my understanding, they split the
contracts among different developers. Some of them work very good, but like it was
stated a little while ago, weeks go by with nobody doing any of the work there.
Mr. Ihekwaba: Yeah. We most certainly will reach out to them about the schedule
and their speed of work, and how they can improve on production. Beyond that, we
can't really do much.
Commissioner Gort: Okay
Mr.Ihekivaba: Thanks.
Commissioner Cort: You know, unfortunately, you have to get politics. You have to
go upstairs and --
Chair Hardemon: Yeah.
Commissioner Gort: Thankyou.
Chair Hardemon: Please.
Mr. Soliman: Just wanted to close a thought that came to mind. Is there any way to
do a meeting out there, maybe a monthly meeting with our State senator, State
representative, and perhaps a member of the Commission, and actually meet out
there, and perhaps with the contractor and those individuals, and look at their
schedule on a monthly basis, and sort of push them along? I mean, maybe that'll
create some pressure on them. And I'm sure everybody will be willing to, you know,
take an hour out fbr a meeting and do that, and perhaps, that'll put some pressure on
the -- Just a suggestion an idea that came to mind.
Chair Hardemon: Yeah.
Mr. Soliman: Thank you.
Chair Hardemon: I'm sure we probably can do something like that. Whatever
Commissioner is in that district can help probably organize that meeting, because
everyone who's representing that part of that community are all from some sort of
district. If you're a senator, representative of it, it doesn't matter, so I think that'll
probably be a good idea, so make sure you speak with your district Commissioner.
City oj'Miami Page 29 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Soliman: Yeah. Perhaps -- Commissioner Carollo, I don't know if you heard
me, sir. I suggested -- an idea came to mind: Perhaps, with speaking with the State
representative or State senator, and yourselj' as the district Commissioner, and
perhaps, once a month, having a meeting out there with the DOT representative, the
contractor, the State senator or representative, whoever's available, and yourself,
and sort of looking over their schedule. 1 know there's not much you can do, because
this is a State road; it doesn't fall under your jurisdiction, but perhaps, this pressure
will help push along that contractor to --
Commissioner Carollo: 171 be more than glad to make that request and make that
suggestion. I think the time that you could have addressed it was when the State
senator was here. I took the chance to address it, but I was only one voice, but that
was -- that would have been the right time to have addressed it. However; with that
said, I'll make the suggestion. I'll reach out to the State senator, and I'll reach out to
FDOT, and make that suggestion.
Mr. Soliman: And, Commissioner, if I may, I'm in the private sector. I have a
construction company. I've built roads like this before; if I can be of any service and
be in that meeting. There may be technical information that these contractors may
throw, and you simply don't have an answer for it, but they can't fool rne. They can't
play games with me, because I've done that. So if I can be of service, I just want you
to know I'm at your disposition.
Commissioner Carollo: Thank you for that. I welcome that. We have a CIP
(Capital Improvements Project) Department that I'm sure will be at the meeting also,
and any of those technical questions, I m sure they'll be able to answer, or at least
know about it. But, I mean, in all fairness, we don't have to go too far. I've had a lot
of issues with, you know, the timing of our CIP projects, so -- and that's not even,
you know, a State road. Even in-house, we have issues with that.
Mr. Soliman: Yeah. No, I understand. It's just this particular road is impacting a
lot of businesses that are suffering that have been there for generations, and it's a
shame to see them close their doors. But thank you very much for your time.
Chair Hardemon: Thank you. Is there anyone else from the public that'd like to
speak on item PH.1 ? Seeing none, all in favor of it, say "aye. "
Commissioner Suarez: Amended.
The Commission (Collectively): Aye.
Commissioner Suarez: As amended.
Chair Hardemon: All against? Motion passes.
END OF PUBLIC HEARINGS
City oj'Miami Page 30 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
SR - SECOND READING ORDINANCES
SRA
ORDINANCE Second Reading
1112
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY
Planning and
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
Zoning
ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND
ZONING DEPARTMENT" MORE PARTICULARLY BY AMENDING
SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT
PROGRAM", TO REINSTATE THE PILOT PROGRAM THROUGH
AUGUST 1, 2017 FOR GOVERNMENT OWNED AND OPERATED
USES ONLY; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13660
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: SR.1, Madam City Attorney.
Victoria Mendez (City Attorney): `An ordinance of the Miami Commission,
amending Chapter 2, Article 4, Division 2, of the Code of the City of Miami, Florida,
as amended" -- I'm sorry. Did we --? FR (First Reading) -- This is SR (Second
Reading).
Chair Hardemon: SR.
Ms. Mendez: Okay, okay.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. Is there any discussion? Seeing
none, is there anyone from the public that'd like to speak on item SR.1 ? Seeing none,
all in favor -- Oh, roll call. I'm sorry.
Todd B. Hannon (City Clerk): Roll call on item SR. 1.
A roll call was taken, the result of'which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
END OF SECOND READING ORDINANCES
City of'Miami Page 31 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
FRA
1555
Commissioners
and Mayor
FR - FIRST READING ORDINANCES
ORDINANCE
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL
PENALTIES" TO ADD SECTION 54-43 TO THE LISTING OF CITY
CODE SECTIONS SUBJECT TO CODE ENFORCEMENT
PROCEDURES INCLUDED IN SECTION 2-829 OF THE CITY CODE,
ENTITLED "SCHEDULE OF CIVIL PENALTIES"; FURTHER AMENDING
CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE,
ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION,
EXCAVATION, AND REPAIR/PERMIT FEE FOR STREET
EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF
PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE
SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY
CONSTRUCTION, FLUME EXCAVATION, UTILITY PLACEMENT;
UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION,
GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -
THE -FACT PERMIT, AND REINSPECTION FEES; WAIVER OF FEES,"
TO PROVIDE AN APPEAL PROCEDURE TO REQUEST REDUCTION
OF THE AFTER -THE -FACT PERMIT QUADRUPLE FEE; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing item FR.], please see "Order of the
Day. "
City of'Miami Page 32 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
FR.2 ORDINANCE First Reading
1755 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF
and Mayor MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE/OFF-STREET
FREIGHT AND COMMERCIAL DELIVERY HOURS PILOT
PROGRAM", EXTENDING THE PILOT PROGRAM FOR ONE (1)
YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For additional minutes referencing item FR.2, please see
"Public Comment Period for Regular Item(s)."
Chair Hardemon: FR.2, Madam City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Suarez: Move it. Slight discussion.
Vice Chair Russell: Second.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. You're recognized for
discussion.
Commissioner Suarez: Thank you. Just to say that this evolves from constituent
concerns and complaints that I've been listening to in relation to a variety of
properties that are in my district.
Commissioner Gort: Question.
Chair Hardemon: Any further discussion? You're recognized.
Commissioner Gort: What are the hours, because I was not (UNINTELLIGIBLE)?
Commissioner Suarez: 6 a.m. to ]]p.m.
Commissioner Gort: What was that again?
Commissioner Suarez: 6 a.m. to ]]p.m.
Commissioner Gort: 6 a.m. Because I'll tell you, I think that -- this is one that could
be done throughout the whole City, because one of the biggest problems we have, all
those trucks coming in every time they back up, they're -- they create a lot of
problem, a lot of noise. And I know I put some restrictions in one building that's
going to go up in my neighborhood, and I tell them all 7 p. m. -- 7 a.m.
City of'Miami Page 33 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: We didn't do it citywide because you had concerns, so I'll be
more than happy to do it citywide, if you want.
Victoria Mendez (City Attorney): Right now, as it's posed, Commissioner Suarez
said the correct hours. I just wanted to make sure, 11 p.m. at night, into the wee
hours, into 6 a.m. So it's, you know, the morning -- those late night and morning
hours that wake up the citizens and cause all the consternation.
Commissioner Suarez: Right.
Commissioner Gort: This is second reading, right?
Commissioner Suarez: This is first reading.
Ms. Mendez: It's first reading.
Commissioner Gort: First reading, okay. For second reading, I would like to have
some input in that, and I'd like to be look -- be able to look at it; maybe we can put it
-- I would like to do it in my district, too.
Commissioner Suarez: Okay. You can't expand it.
Ms. Mendez: Right.
Commissioner Suarez: You're saying you got to re -notice it.
Ms. Mendez: Thank you for advising. We would have to bring a new ordinance, if
we wanted to do it citywide, just because this would be an expansion and not a
dimension.
Commissioner Suarez: And I, you know, would like to pass this on first, and pass it
on second, just because there are specific complaints from residents that I want to
address, and I don't want there to be a time frame where the pilot program lapses,
and so -- and then we'll work on the ordinance, as well.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: And I believe -- and I don't have a problem passing it on
first and second, and then bringing one for DI -- for District 1, which I think is not --
he -- is not bringing it back for citywide; he's bringing backfor Dl.
Ms. Mendez: Thank you.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Gort: People need to understand, most of these trucks, they're people
that are working, doing delivery, and get out of there, and thev don't really care
much, about the neighborhood. It's like the subcontractors doing work in different
neighborhoods; they don't live there, so it doesn't bother them. The statement was
made before, I think the most important is, once we establish this, we going have to
have enforcement. We have to make sure that our NET (Neighborhood Enhancement
Team) Ojfiee understands what the problem is, and this is something that I've been
City oj'Miami Page 34 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
talking about for quite a bit. The NET Offices should be available to get the people
to enforce that ordinance.
Chair Hardemon: You're recognized, sir.
Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. I wanted to point out
also that we would like to take a look at certain areas before we go citywide. For
example, in the downtown area, we have a problem where if you do deliveries during
the day, you block up all the streets, because some of the buildings downtown don't
have loading zones, so -- and we wanted to do the reverse, actually. We wanted to
go anal put the loading at night.
Commissioner Gort: Yeah.
Mr. Alfonso: So I think this is something that we want to look at before we go
citywide.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: And that's exactly the reason why I said bring it back as a
DI but not as a citywide.
Chair Hardemon: Is there anyone from the public that'd like to speak on item FR.2?
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I know that
every single part of the City is d fprent, and every single one of you might know your
district best, but we has to consider, regardless of'what district that you are, when
you have a 18 wheels in the middle of the street and somebody trying to cross when
it's a regular section, it's hard in Little Havana. Imagine, if you have an 18 -wheeler
in the middle of the street and you trying to cross or a senior have to cross or a
mother with a child in the stroller has to cross and cannot see. So I hope that my
Commissioner think about that, too, because a lot of those accidents are in Little
Havana, and we still waiting on the signage for the people to be able to cross the
street; it hasn't happened. The light that was promised by FDOT that supposedly
wasn't approved, it hasn't happened. The 18 wheels in the middle of the street
behind the Pollo Tropical, everywhere; they park wherever they want. Even ij'they
have a side street that you can park and pull over safely, they don't do it. Who's
going to implement it? But my biggest concern is Little Havana, where I live. I have
been for over a year going to FDOT meetings. I had never seen nobody representing
my district in there. I know this year is election year; and I appreciate it if you think
about your neighbors and your citizens of both of yon, not just in the time of election,
because this one right here is a citizen; is going to be here next year and the
following year, and I'm going to be connecting with my citizens. I don't hold no seat,
but my conscience is clean, because every time that my citizens -- my neighbors or
my friends call me for something, I go and knock on the door. So just think about
those people that been hit in Little Havana. Thank you.
Chair Hardemon: Thank you. Is there any other person here?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes. You're recognized.
Commissioner Carollo: Real quick, Mr. Chairman. I just want to say that I keep
hearing "This is an election year. This is an election year. " This is an election
City oj'Miami Page 35 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
year." Well, I want to make perfectly clear: When I do things for District 3, I don't
do it on election years; I do it throughout my whole term. So, you know, there's a lot
of things that have been said. A lot of it really doesn't correspond to me; it
corresponds to FDOT. I could tell you, yes, those signals that were promised, they
supposed to start installation in November of 2017, and that's something that I've
been working on for many, many years, not just on election years. Second of all, and
lastly -- and I'm not going to get into too much detail -- since it is an election year, I
have not officially signed up to be a candidate, but your husband has in District 3.
So when he walks door to door, let the neighbors know how disappointed he is with
me, and let me see how it goes on Election Day, okay? Thank you.
Chair Hardemon: Is there any other discussion? Any other person from the public
like to speak on item FR.2? Seeing none, all -- I'm sorry. Mr. Citv Clerk.
Todd B. Hannon (City Clerk): Roll call on item FR.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0.
FR.3
ORDINANCE First Reading
1756
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY
Commissioners
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
and Mayor
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND
ZONING DEPARTMENT" MORE PARTICULARLY BY AMENDING
SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT
PROGRAM", TO REINSTATE THE NONCONFORMING USE PILOT
PROGRAM FOR PRIVATE USES THROUGH AUGUST 1, 2017;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Pass on First Reading
PASSED ON FIRST READING
Wifredo (Willy) Gort, Commissioner
Francis Suarez, Commissioner
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: FR.3.
Victoria Mendez (City Attorney): FR.3.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: This is sponsored by Commissioner Gort.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Vice Chair Russell: Discussion.
City oj'Miami Page 36 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Moved -- properly moved and seconded. You're recognized, Vice
Chairman.
Vice Chair Russell: Thank you. I had asked.for a list of all properties that this
would affect so that we understand how broad a brush we're painting here before --1
understood the governmental version of this, but on the private one, it seems to be a
very broad brush that would simply be allowing grandfathered uses that are
technically no longer allowed. So before we approve it, ]just wanted to know how
far-reaching this is, what sorts of businesses we're affecting, and I haven't gotten
that list.
Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: Sure.
Commissioner Suarez: I also asked -- when we last talked about it, I said, "Look, if
we're going to continue to extend nonconforming uses, " as you just indicated, Mr.
Vice Chair, "maybe we should look at whether or not we should actually legalize
these uses. "
Vice Chair Russell: Exactly.
Commissioner Suarez: Because if it -- if we keep extending nonconforming uses,
then there's a reason why. That means were saying that they're sort of okay. And
so, if they're okay, then let's just make them part of the Code, so that way we don't
have to keep extending nonconforming uses; we just make them conforming uses,
and that's the end of it. So I don't have a problem deferring this if the sponsor is
okay with that, if that's what you want, but -- I mean, I don't -- also don't have no
problem passing it, and then still doing that analysis.
Vice Chair Russell: Mr. Chairman. If there is a particular business or group of
businesses that are affected by this, that are under any time sensitivity that we help
them out, I'd be glad to work with that. I just didn't want to do something without
knowing the repercussions of 'it on a broad basis.
Commissioner Gort: At this time, I agree with you. I think you should have a list of
the businesses, because there's some businesses they might have been passed and
they would have been very good in the -- at the old time, but they're not really
welcome in, the new concept, but there are some of the business and property owners
that they have certain facility. They even have rents right now, but they don't have a
CU (certificate of use) and they try to apply for one and thev can't get it, although
they've been there for years. We had a lot of those in 36th Street, change the -- a lot
of people that been in business therefor 10, 15 years, and then all of a sudden, they
wouldn't apply because they thought all they needed, the Dade County CU. Then
they realize by the information they received themselves, they also have to pull one in
the City of Miami. So when they went to pull the City of Miami, they were not in
compliance, so that's why we're looking. But I agree with you all. I think the list is
very important, and I discussed that already with the Law Department, and I'd like to
see it passed on first reading, and then second reading, let's come back with a list,
and we all should be involved in that list.
Commissioner Suarez: Sounds good. This is first reading.
Chair Hardemon: Okay.
Commissioner Suarez: I'm fine with that.
City of'Miami Page 37 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Is there any --? You got something you want to add, sir?
Francisco Garcia: No, simply -- Francisco Garcia, Planning & Zoning director.
Simply to only partially address the question. As drafted, it is intended to of ect any
and all uses throughout the City -- right? -- and so, it's fairly broad in that regard.
This ordinance has been -- or this program, rather, has been in place previously.
And our experience has been that although certainly well-intentioned, and although
it certainly has had a positive effect in many instances, providing some of the
business owners relief, in some instances, it actually creates unrealistic expectations
that a use that has simply lapsed may be actually brought back into compliance.
Commissioner Gort: Right.
Mr. Garcia: And so what we would prefer to do -- and if it is amenable to the
Commission between first and second reading -- is to possibly set forth a list of uses
that most frequently can avail themselves of these provisions so that we can have a
clarity we need not to misguide people.
Commissioner Gort: No problem. Agreed.
Chair Hardemon: Is there anyone from the public that'd like to speak on item FR.3?
Is there any further discussion? Seeing no -- none of the -- none of either --
Daniel J. Alfonso (City, Manager): Mr. Chairman, I'm sorry. I don't want to set an
expectation, because I'm talking to my Planning & Zoning director, and what he's
telling me is that there really is no way to know exactly who has an expired CU out
there that may, possibly come in at some point. So, you know, I don't think we're
going to be able to produce a list and say, "This is the universe of people. "
Commissioner Gort: Listen, specifically, the use is what's important, because what
affects is the type ofuses that can be brought back.
Mr. Garcia: Agreed.
Commissioner Gort: Okay.
Mr. Garcia: Thank you.
Chair Hardemon: Any further discussion?
Commissioner Suarez: (UNINTELLIGIBLE) that?
Chair Hardemon: Discussion?
Commissioner Suarez: I don't know how -- no. I just said, I can't imagine we don't
have a list of that, but whatever. It is what it is.
Chair Hardemon: Mr. Clerk.
Todd B. Hannon (City Clerk): Roll call on item FR. 3.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0.
City of'Miami Page 38 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Ms. Mendez: Commissioners, I would request, though, then that this doesn't come
back in the regular cycle. If we can have like a month and a half just to be able to
find this universe of --
Commissioner Suarez: It's not me.
Ms. Mendez: -- the list of --
Commissioner Carollo: 1-- yeah, I -- Mr. Chairman? I'm sorry.
Chair Hardemon: Go ahead.
Commissioner Carollo: I don't have a problem with that, but I just -- I still don't
understand why there couldn't be a list.
Mr. Garcia: I'm sorry. I may have missed some crucial information. There
certainly can be a list, but why wouldn't there be one? I'm not sure I understand
why not.
Vice Chair Russell: We were just told.
Mr. Garcia: I'm sorry?
Vice Chair Russell: We were just told that it couldn't be produced.
Commissioner Carollo: The Manager let us know that there -- they -- that you all
couldn't provide a list.
Mr. Alfonso: Could you explain the fine point, please?
Mr. Garcia: If I may, to be clear, the list is all uses available if we were to go that
route. What I suggested, instead of providing a list of all uses that have ever availed
themselves of this program, or that potentially could avail themselves of this
program, is rather to take a diffirent approach, which is to provide you, the
Commission, with a list of the uses that would best be able to take advantage of this
program for your consideration, because that is a fairly finite universe oj'uses that I
think would be best applied to.
Commissioner Suarez: But -- and Tin sort'. I don't want to belabor the point, Mr.
Chair. Real quick.
Chair Hardemon: No.
Commissioner Suarez: I would think that -- fit's is a use, so if someone were to come
in requesting that that use be authorized under this specific piece of legislation, so
there should be a database of people that conte in under that -- and there -- that
should be is a list. It's just a matter ofprinting out the list.
Mr. Garcia: Right, and that would give -- the list that we have --
Commissioner Suarez: I'm not saying the list of the `possible" people, because I
think the -- what you're worried about is the list of the `possible" people that could
come in under, but I'm saying -- I'm talking about the actual people.
Mr. Garcia: Understood.
Ms. Mendez: Right.
City oj'Miami Page 39 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Garcia: So that list is simple to produce, you're right, but the list we would be
providing you is a list of uses that have expired within the last 18 months.
Commissioner Suarez: But I would do both. In other words, you're talking about the
actual uses themselves, the category of uses. And what 1 think we're saying is we
also want to know the number of businesses that are using these categories.
Mr. Garcia: Right, so "businesses" and "uses. " I'll use those two terms, just to be
clear, and to make sure that I have my directions correct. In terms of the list of uses,
uses allowable, that would be the entire list of uses; that's clear. In terms of the
businesses themselves that would be able to avail themselves of this program, those
would be the uses that have expired within the last 18 months. That, too, is a very
large list of uses. What I am suggesting is that we narrow that further; and make it
those uses that would best be able to make -- to take advantage of this ordinance,
and I think that's going to be the meaningful information that you would want to
have, and were happy to produce that.
Commissioner Gort: Now, there's a process that goes along with it.
Mr. Garcia: Of course.
Commissioner Gort: I mean, it's not automatic; they have to go through a process.
Mr. Garcia: Of course.
Vice Chair Russell: And this would only apply to a business that is continuing an
existing activated use that's grandfathered; not someone who would like to revive a
use that didn't exist on this property. If there's been a gap of use -- of that use, it
cannot be brought back; is that correct?
Mr. Garcia: That is correct.
Vice Chair Russell: So that should be quite a finite list, then, right, of grandfathered
nonconforming uses that currently --
Commissioner Suarez: I would think so.
Vice Chair Russell: -- exist in businesses?
Commissioner Suarez: Right, I would think so, but --
Vice Chair Russell: But the fact that it would be such a large list that's unwieldly,
and difficult to produce is probably a good point --
Commissioner Suarez. Indication.
Vice Chair Russell: -- to why this is a --
Commissioner Suarez: Of course.
Vice Chair Russell: -- little bit --
Commissioner Suarez: If it were that -- if that were the case.
City oj'Miami Page 40 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Ms. Mendez: That distinction, though, that you bring up, Vice Chairman, which is a
good distinction, is really not -- it's not drafted that way here, so it's a good point,
and we --
Mr. Alfonso: Right. That's why I want to make sure, Commissioner, what he's
saying is that if the CU expired, then they cannot bring it back. But I thought that
the whole point of this was that if the CU expired, they can bring it back.
Ms. Mendez: No. 1 think the distinction that the Vice Chairman is making, which is
a good one, is that if there is a gap and they ceased -- they totally ceased the use --
as in they're not, you know, working on a daily basis, even though they shouldn't be
if their use expired -- it cannot revive one that's been dormant and isn't even at that
location anymore.
Vice Chair Russell:
Or is this intended to bring it back, allow them to bring it back?
Commissioner Gort:
We're talking about the 18 month.
Mr. Alfonso: Yes.
Commissioner Gort:
Anything that expire 18 month ago.
Commissioner Suarez: But it can be revived (UNINTELLIGIBLE) this. This is
precisely --
Commissioner Gort:
But let me tell you what --
Commissioner Suarez: -- what this allows you to do.
Ms. Mendez: Exactly, but the --
Vice Chair Russell:
As written.
Ms. Mendez: -- distinction that the Vice Chairman is --
Vice Chair Russell: It's too broad.
Ms. Mendez: -- making is a good one; it's not drafted that way. Right now it's
drafted that it's discontinued for a period of time, and it could be revived, depending
on the time frames. But that's a good point in bringing --
Commissioner Suarez: Now I'm confused. It could be discontinued from anywhere
between 6 to 18 months, and you can revive it under this, right? That's what it seems
like to me.
Ms. Mendez: That's --
Vice Chair Russell: As written. As written.
Ms. Mendez: -- the way it's worded, but he's bringing up the valid point of --
Commissioner Gort: Yeah, yeah. I know.
Ms. Mendez: -- what if there's a discontinuance and the business also shut down?
You don't want to revive the one that -- I mean, I assume that the Vice Chairman is
saying, you don't want to revive one that has shut down and is no longer there.
City of'Miami Page 41 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: I kind of disagree, because oftentimes, what'll happen is --
and we've run into this issue before, where people discontinue a use, and then they
sell -- they shut down. They run out -- they bought a business, but they want to sell
the business, and the business has traditionally been used in a certain way. And if
you don't have this, he has no guidance as to whether or not he can issue an opinion
that says, "You can revive the use, " and so 1 actually think -- Now, should we do the
analysis anyways? Yes, I think we should do the analysis as to decide whether or not
that's something that we want to continue doing in the City if we've discontinued it
under the previous Code, or whatever, so I think that analysis still has to be done.
Ms. Mendez: And as you described it, that's how it's written now, even if it's -- but,
it's a valid point, if we want to limit it further is what I'm saying, based on what the
Vice Chairman said.
Commissioner Gort: My question is based in an analvsis that I've had within my
district --
Commissioner Suarez: Right.
Commissioner Gort: -- which is property owners. They have a business that used to
be there that people vacated about two years ago, or 18 month ago, and there's not a
CU there at that time. He wants to rent that space, and most of the uses, people want
to go back to the some use that was there before and that's -- and then they can't do
it, and he cannot rent the space, so it's a loss of income for the individual property
owner; also,, its a business that is lost and employment that are lost in the area. So
those were more,, the ones. The other example is what I stated little while ago,
people on 36th Street -- at one time, 36th Street used to be way, back where all the
cars and trucks were sold in the City of'Miami. All the open lots were placed on
Northwest 36th Street, all the way from 42nd Avenue to 12th Avenue, and that
change under Miami 21, but there was people still doing business without a CU.
They only had the County CU, and they didn't think they needed a City of Miami.
They come to my office, and we work with the -- try to create vehicles so we can help
those individuals, and this happens quite a bit in small neighborhoods, small
shopping places. But 1 agree. I think we work with the department for second
reading. We can take how much time it takes to put it together the way it should, and
you guys should be -- give your input also.
Ms. Mendez: Commissioner Gort, my original question that sparked all of ' this is, I
just want to make sure -- can you give us a little time -- a little more time than the
normal cycle? Because this wouldn't technically be back on March --
Commissioner Gort: I want to make sure --
Ms. Mendez: -- 20 -something.
Commissioner Gort: -- its done correctly, and everybody's happy with it, and it can
be applied --
Ms. Mendez: So --
Commissioner Gort: --for the benefit of the Cit), and the residents.
Ms. Mendez: -- it could be first reading in April? Is that --? That's what I'm asking
for; a little more time.
Commissioner Gort: No problem.
City of'Miami Page 42 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Ms. Mendez: Thank you.
Chair Hardernon: Okay.
FR.4
ORDINANCE First Reading
1591
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 2/ARTICLE X/SECTIONS 2-817 OF THE CODE OF THE
and Mayor
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
"ADMINISTRATION/CODE
ENTITLED
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS",
ESTABLISHING A NEW CHAPTER 2/ARTICLE X/SECTION 2-822
OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE
ENFORCE MENTMAIVER, MITIGATION, AMNESTY,
SETTLEMENT OF LIENS", ALLOWING FOR THE CITY MANAGER
OR HIS/HER DESIGNEE TO ADMINISTRATIVELY NEGOTIATE
LIEN AMOUNTS, PAYMENT PLANS AND WAIVER OF LIENS
INCLUDING BUT NOT LIMITED TO LIENS RELATED TO CODE
ENFORCEMENT, LOT CLEARING, SPECIAL ASSESSMENT,
NUISANCE ABATEMENT AND SOLID WASTE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. Item FR.4 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record. For minutes referencing item FR.4, please see "Public
Comment Period for Regular Item(s)."
City of'Miami Page 43 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
FR.5
ORDINANCE First Reading
1812
AN ORDINANCE OF THE MIAMI CITY COMMISSION
Commissioners
DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY") AS A
"CLEAN ZONE", WHICH WILL PROVIDE FOR THE SAFE AND
and Mayor
ORDERLY USE OF CITY STREETS AND SIDEWALKS BY
SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS,
AND PEDESTRIANS DURING THE 2017 MAJOR LEAGUE
BASEBALL ALL-STAR GAME IN THE CLEAN ZONES;
ESTABLISHING TERMS AND CONDITIONS FOR THE 2017
MAJOR LEAGUE BASEBALL ALL-STAR VENDOR PROGRAM, IN
ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE
2017 MAJOR LEAGUE BASEBALL ALL-STAR GAME IN THE
CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY,
JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY, JULY
12,2017; AND FURTHER PROHIBITING THE SALE, OFFER FOR
SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES,
AND MERCHANDISE OF MAJOR LEAGUE BASEBALL
MERCHANDISE IN THE CLEAN ZONES BEGINNING AT 12:01
A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M.
ON WEDNESDAY, JULY 12, 2017; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Frank Carollo, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Note for the Record: Direction by Vice Chair Russell to the City Manager to study
cases wherein the "Clean Zone" legislation were poorly implemented in cities and
resulted in negative impacts.
Note for the Record: For additional minutes referencing item FR.5, please see
"Public Comment PeriodforRegular ltem(s)."
Chair Hardemon: FR.5.
Commissioner Gort: Let's go.
Chair Hardemon: Madam City Attorney.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You have something else? Yes.
Commissioner Carollo: We're on FR.5?
Chair Hardemon: That's our next one, yes.
Commissioner Carollo: That's what we're on, correct?
Commissioner Suarez: Yeah.
City of'Miami Page 44 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: That's what I'm calling right now.
Commissioner Carollo: Mr. Chairman, can --? Oh, okay.
Chair Hardemon: Yes.
Commissioner Carollo: 171 yield the floor to the City Attorney.
Victoria Mendez (City Attorney): Thank you, Commissioner.
The Ordinance was read by title into the public record by the ON Attorney.
Commissioner Carollo: Move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded by --
Commissioner Suarez: Second.
Commissioner Gort: Second.
Vice Chair Russell: For discussion.
Chair Hardemon: -- Suarez. Questions.
Commissioner Cort: Question.
Chair Hardemon: Commissioner Carollo and then Commissioner Gort.
Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, as you know, the
City of Miami will host the 2017 Major League Baseball All-Star Game and the All-
Star Week Celebration. To ensure the safety of the residents and the visitors
traveling through our City, during the All-Star Mayor League Baseball requires that
the whole city has a clean zone. I could tell you that other cities, Cincinnati,
Minneapolis, New Orleans, San Diego, even here, Miami Gardens, had clean zones
during all-star games and when they hosted a Super Bowl, specifically, in Miami
Gardens. So this is something that is required by Major League Baseball, and I
hope we could pass this.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: My question is -- my understanding is, they're very much
worried about having their products sponsored by their -- the franchise or not to be
sold on the street. Does that means only that or all type of vendors?
Commissioner Carollo: Commissioner Gort., this ordinance is aimed at prohibiting
the dissemination of commercial items and the sale of counterfeit goods. It is no way
designed to infringe upon the free speech or First Amendment rights of any resident.
Commissioner Gort: Perfect. Thank you
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Vice Chairman.
City ofMiami Page 45 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: Just to do a little clarifying and strengthen what Commissioner
Carollo just said, I would just like to offer a couple friendly amendments. On
Section 8, the original mentions: In order to ensure the health and safety of the
high number of attendees canvassing the distribution of commercial handbills,
circulars, cards, posters, brochures, or free booklets, " et cetera, the modifier
commercial for the list: handbills, circulars, cards, posters, is not really clear
grammatically if it's modifying just the first word "handbills" or the entire list. So
my recommended amendment would be: "The distribution of any type of written
commercial materials, including, but not limited to " -- and then the list would go on.
Commissioner Suarez: That was drafted by a lawyer.
Chair Hardemon: That's pretty --I was about to say, that's pretty good. That's
lawyer -like.
Commissioner Suarez: Tell you that right now.
Vice Chair Russell: I'm working on it. I'm working on it.
Commissioner Suarez: That was drafted by a lawyer.
Chair Hardemon: I know you got some lawyers in that office.
Commissioner Suarez: I could tell you that right now.
Vice Chair Russell: Thank you. And then just to remove the word "canvassing, "
because that does imply political free speech, perhaps, or I don't believe that that
word -- taking that word out would eliminate any of the things that you're trying to
preclude, so those would be the only two amendments I would recommend.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: If on first reading we could pass it as is, however, what you
have mentioned will be looked at, so we'll bring it back by second reading so that
we'll have a chance to discuss it with the City Attorney and discuss it with Major
League Baseball; make sure that all the parties are okay.
Vice Chair Russell: Fair enough.
Commissioner Carollo: Thankyou.
Chair Hardemon: I know that there's going to be -- there's going to have to be a
way to enforce this, and even with those clarifying that language in there, I can
foresee some issues. I mean, I think every lawyer here has gone through some class
where they've learned about leaflets and freedom of speech and passing things out,
and so I just anticipate that it's going to be a tough one for the City of Miami Police
as well, because what's going to happen is someone's going to say, "He shouldn't be
able to pass that out, "and there's going to be an of that has to enforce whether
or not what he's being -- what's being passed out is commercial. Is it not? So should
he be able to trespass him? Should he be able to move him,, confiscate things, or
take items from him? So this is a mini volcano waiting to erupt.
Ms. Mendez: But I am sure that the Manager and the Police Chief will be discussing
the best way, along with our law office, to be able to enforce this in a --
City of'Miami Page 46 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: It's always -- and the Manager and the Police Chief are always
on our side, but what happens is everything is implemented by individual off cers,
and individual officers have personalities, they have. friends, and it just happens that
way. I mean, everything is not always implementedfairly on an individual level, and
that's nothing that the Police Chief can -- that's something that the Police Chief
cannot ultimately always just extinguish, you know, so -- you know, it's just -- it is
what it is. It's going to be a tough one. I mean, l -- but 171 tell you, I mean, there are
people who make their living doing this. When I say "this, " meaning selling wares
on our public streets in that area. And it's sad that we don't -- they're not able to
participate if' they're not creating, you know, MLB (Major League Baseball)
paraphernalia. I mean, there are people there that could -- they could sell tickets;
they could sell different types of items that people want. I mean, imagine it's hot
outside, so thev could sell little automatic fans that have misters on them. I mean,
that's the way that they can make money, but unfortunately, with this, in that area,
they won't be able to do it. And so what I anticipate seeing is just this line of people
saying, "Hey, buy here, because when you get inside there, that water's going to cost
you $10; right here, $S. " But it's -- you know, that's just an unfortunate reality of
this bit of legislation.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: I'm sure we could explore how all the other cities that have
been doing this have done it. As a matter of fact, I think we sent a group, Mr.
Manager -- and there was police officers involved -- to San Diego to see exactly how
it was done there, how was it enforced, and so forth. So I believe, if other cities have
been able to do it in a legal and safe manner, I don't see why the City of Miami
cannot.
Chair Hardemon: No, I'm not saying that it can't be done in a legal, safe manner.
I'm just saying that there will be casualties, and it doesn't matter what city. I mean,
it could be Fort Lauderdale. It could be Los Angeles. It could be any city. But that -
- at the end of the day, it's up to the individuals who sit in positions like this to
protect those small business owners who are here with us every year. That's all I'm
saying.
Daniel J. Alfonso (City, Manager): And Mr. Chairman, for the record, I want to
point out that we spoke to the Downtown Development Authority, and we have
identified at least three vendors who normally are in that area that would be
excluded from the area, so that's just something for you to know.
Chair Hardemon: All right. So, is there any further comment from anyone from the
public about this item?
Ms. Mendez: Commissioner Carollo, just a quick question. When did you anticipate
this coming back? Did you want it March 9, a little sooner, or did you want it in the
regular cycle, March 20 -something?
Mayor Tomas Regalado: March 9. I think that the Marlins organization, they really
need to send the complete form to Major League Baseball.
Ms. Mendez: Okay. Thank you.
Mayor Regalado: They will be announcing other events and projects within the City
of Miami during March.
City of'Miami Page 47 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Ms. Mendez: That's what I wanted to confirm. Thank you so much.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized for discussion.
Vice Chair Russell: I'll be absent on March 9, out of the country, and a good part of
the clean zone is within my district in downtown. I do have some concerns, which
I'm holding back on first reading so that we can further discuss. I don't want to
block the time necessity to get there on time, but if it could wait until the second
reading in -- I mean, the second meeting in March, I would be glad to participate.
Commissioner Carollo: Could you provide us your concerns so we could --
Vice Chair Russell: I could do that.
Commissioner Carollo: -- so that we could jot them down?
Mayor Regalado: Why don't you put it on the record, Mr. Vice Chair, and it would
be --
Commissioner Carollo: Exactly.
Mayor Regalado: -- reflected, if you can? I'm just saying that, you know, this is
done everywhere.
Vice Chair Russell: Yep.
Mayor Regalado: This is not done in the City of Miami. Actually, on the Marlins
Park's contract, there were some restrictions that was approved by the City and by
the County in terms of selling beverage or food certain hours, before and after the
game, which, you know, the City and the County accepted that in 2007. But on this
case, this is like the standard, and I remember doing it as a City Commissioner when
we had the Miami Heat World Championship twice in American Airlines Arena, and
I know that they do it in Miami Gardens for --
Commissioner Carollo: Super Bowl.
Mayor Regalado: -- the Super Bowl, so.
Vice Chair Russell: Thank you. Mr. Chairman.
Chair Hardemon: Yes.
Vice Chair Russell.- I know they went to San Diego and saw a good example of how
it's done, but 1'd also like to direct our management to study bad cases of how it's
been done wrong. There are cases that have generated cities very bad publicity over
that poor implementation of a clean zone, and some Olympics. Sochi, for example,
they felt that the enforcement was too heavy-handed on the trademark protection and
ven -- street vendors, and so there was a lot of sympathy for the street vendors that
were put out in this situation and the local businesses; not just street vendors, but
actual local businesses can be affected as well, so.
Mr. Alfonso: For implementation, I mean, like, as the Chairman said, we can make
it happen, but there's always going to be individual of out there that are going
to act individually. We can make it happen, and we can study it. Now, if you want
City oj'Miami Page 48 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
feedback by the next agenda, which has to be printed on next Tuesday, it's going to
be a little dicult, but in terms of the implementation, we can make it happen.
Chair Hardemon: Ms. Betancourt. Oh.
Mayor Regalado: And remember that in every game, we have dozens of off-duty
police officers. In this case, you're going to have County and City of Miami, plus
several Federal agencies. As a matter of fact -- oh, the Chief was here -- and there
were -- there have been several meetings to coordinate with Federal agency,
Homeland Security, because this is a high-profile event, and there will be many law
enforcement officials, other than the City of Miami. But I remember that there was
no issue in. downtown Miami when we had the World Championship, twice, with the
Miami Heat, and it was exactly the same. It's a standard.
Vice Chair Russell: So my question --for example, in downtown, the three vendors
that would not be able to conduct business would be just general hotdogs vendors.
They're not T-shirt or hat salesmen who would be hocking MLB merchandise. Is
there any sort of hotdog vending that will be provided by MLB? Are there services
that would be competitive to these gentlemen, or would they be able to -- would we
be able to accommodate them in some sense so that they could do their vending
make their business; actually provide a service that would be very good for our
guests that are visiting on the street as they do every day? '7f they're not competitive
to MLB, should they also not be allowed to conduct their normal business? "I guess
is the question.
Mayor Regalado: But remember, the main focus -- I'm sure Commissioner Carollo
will follow up on that -- is about trademark.
Vice Chair Russell: Yep.
Mayor Regalado: It's all about trademark and counterfi�it, and that's why some
Federal agencies will be involved, because it's counterfeit,• it's a violation of
trademark. And this is -- there are people throughout the United States that travel
around the country whenever there is a NASCAR (National Association for Stock
Car Auto Racing), you know, Indy (Indianapolis) 500, or World Championship, or
whatever that they do that, they do counterfeit souvenirs, which is -- 1 think it's the
focus of Major League, as NFL (National Football League), or the Basketball
Association. That's my understanding.
Chair Hardemon: I certainly think that this goes bevond the effect of trademark
infringement. I mean, this is more broad than that. Mr. Vice Chairman, I would
assume that there is probably an off tial hotdog with the MLB, because you can pay
for that type of recognition, so -- and we know hot dogs and baseball games all go
together.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Thank you, Mr. Chairman. I will yield to our City Attorney,
which, together one of my staff, drafted the documentation, and I worked specifically
on what you're speaking about with MLB, because it isn't prohibited to sell food, so
those hot dog vendors will be able to sell their hot dogs.
Vice Chair Russell: They will. Under this legislation, they're not prohibited.
City of'Miami Page 49 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: As far as my knowledge, but I will yield to our City
Attorney, because I specifically spoke to Major League Baseball about that.
Ms. Mendez: Yes, Commissioner Carollo is correct; the food vendors will be able to
sell food. I didn't realize that you were talking food vendors, and I'm sorry that --
Mayor Regalado: Food vendors are exempt.
Commissioner Carollo: Right. Exactly.
Commissioner Gort: That's what was told.
Commissioner Carollo: So that was something that I -- and Major League Baseball
was downn here for close to a week, and we actually provided documents to them, and
I -- this was something that was important to me, and I mentioned that the hot dog
vendor --just like --pretty much the same argument you had.
Vice Chair Russell: Yep.
Commissioner Carollo: So food vendors are excluded. So, yes, they, will be able --
those current vendors -- those three current vendors will be able to sell their hot
dogs.
Vice Chair Russell: Thank you.
Commissioner Carollo: And by the way, Mr. Vice Chair, not fust for downtown
Miami; Little Havana also.
Vice Chair Russell: Right.
Commissioner Carollo: The current vendors that sell their food will still be able to.
Chair Hardemon: You know what would be nice? It would be nice if the City of
Miami could create a -- not necessarily, create a zone, maybe -- yeah, I guess you
could create a zone that people will have the option of going to, like a buy local
zone. You know, I think that the people who maybe do some local things, who sell
local wares, would appreciate that, and people who are in Miami could appreciate
it. And it's not nothing to be very expensive; just a sign, "buy local here," or
something like that. That'd be pretty cool. You're recognized, ma'am.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. This is talking
about a major event; that this has been taken in consideration all those people who
live around this Marlins Stadium. We go back to the same point in the north side of
Little Havana, when the fireworks are plumbing at 11 o'clock, and you have a child
or you're a senior, or you are you are a person who is sleeping, because you go to
work at 6 o'clock in the morning, and those fireworks are still working, going off
Does any of this have taken in consideration that you are surrounded by multi -
families, by houses? Because I live in a house all the way to 6th Street, and I hear
those fireworks, so what about those people surrounding? Are those people who are
going to be parking those cars in their house, they going to be limited, too?
Remember, nobody can park when there's major events inn the street. And now with
the noise of -- they might be sold, and the $350 million that were given by our
taxpayers, meaning all of us, are -- might be lost. Do you guys have any answers
about that? Because, unfortunately, the money, if it happen, is not going to be
recuperated back. So that's my major concern. And Commissioner Carollo, your
brother said yesterday that the problems that we have with the road are easy to fix.
You should talk to him. He say he has a easy idea that he can be --fix the problem
City of'Miami Page 50 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
for the traffic. And remember, you're absolutely right. I told you eight years ago,
four years ago. I'm just a citizen. And just because my husband is running, had
nothing to do with me and being active in the community. I'm not active in the
community just for Little Havana; that's where I live. That's where my kids go to
school. I'm active in the entire Dade County. So ifI make a comment to you, please,
be aware that Brenda Betancourt is giving you what I know and what 1 think, and
what I tell you in your face. I'm direct. I don't send messages to
(UNINTELLIGIBLE). 1 stand here, in the street, anywhere. And unfortunately, 1
work with everybody. 1 don't have no problem. But your staff have never been able
to make a phone call to confirm any appointment that anybody ask to your office. I
understand you have your own political view of how you address your residents. I'm
a resident since before you even got to that seat, in the Little Havana. And I
appreciate it that ifI make a comment and you don't like it, just say, 'Brenda, I don't
like it. I think you're wrong. This is the proof. " And I am a strong woman, and I'll
be able to tell you, "Oh, my apologies, " if Fm wrong, which I know I'm not.
Commissioner Carollo: Mr. Chairman, ifI may?
Chair Hardemon: Please.
Commissioner Carollo: Thank you for being so gracious with the time that you're
allowing all the speakers. With that said, listen, Ms. Betancourt, starting that I'm a
native Miamian, I believe in the City of Miami, I'm raising my daughter here, and I'm
not going anywhere. I sit here and I listen to everybody in a good faith manner. I
wasn't the one who brought up the issue of "Oh, it's a political season now, " or
"Now campaign time. " And, yes, I expressed -- because I have noticed, because I
pay attention, a good faith manner to everyone who comes here and speaks -- the
correlation of when your husband signed up to run for office and you and your
husband coming here and speak before us, so there's a direct correlation. With that
said, like I mentioned, if you and your husband have a problem with me, the way I
communicate with the residents, it's very easilv -- you're campaigning now -- tell the
residents how much you disagree with me, and tell those residents how much you
dislike me, and again, let's see what the outcome is during Election Day. Thank you.
Ms. Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: Mr. Chairman, what are we discussing?
Commissioner Carollo: Yes, exactly, and that was going to be my point. Are we
discussing the matter at hand?
Miguel Soliman: Mr. Chairman --
Commissioner Carollo: Because if not, I think we need to move on.
Mr. Soliman: -- my name was brought up, and I need to clear the air.
Chair Hardemon: I think that's fair.
Vice Chair Russell: (UNINTELLIGIBLE).
Chair Hardemon: I think it's fair. We're on public comment, we allow people to
speak during -- about items, and sometimes things come up, and I'm not going to --
Well, you're recognized, sir.
City of'Miami Page 51 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Soliman: Thank you very much. Miguel Soliman, 1436 Southwest 6th Street.
Commissioner Carollo, I think every time I've addressed myself to you, I've been very
respectful, and I've respected your position and you, and I've addressed myself as
such. I do not appreciate you your
my wife's comments with me, sir. IfI have
something to tell you -- I am a resident. 1 am a business owner of this town. 1 have a
reputation for over 35 years working here, and my word is my bond. And if I have
something to say to you, sir, 1 will say it to your face. 1 do not have to use my wife,
and 1 do not appreciate that. From now on, I would request that anything my wife
says to you, it's from her. She is an independent woman, who has been active in this
community her entire life, and she has a right to speak her mind. It's her mind, not
me. Do not think that I use my wife in any way to send a message to you or not to
agree with your political point. So please, separate its from now on. She is a
person, and so am I, whether I'm running or not. And I did not start coming here
when I registered to run for District 3. I was -- I've been. coming Here for well over a
year before that. The reason I decided to run is because, as a citizen, I want to get
involved, I need to get involved, I want to do something about my community, and
contribute to it. It has nothing to do with you. And if I have something to say --
again, please, whatever my wife says, it's her opinion, and I will respect and back
her up, but it is not necessarily my opinion. When I have something to say to you,
believe me, I will say it to you. So, please, do not make -- do not do that again.
Thank you very much.
Chair Hardemon: Is there any other person from the public that'd like to speak on
FR.5? Seeing none, Madam City Attorney, you read it into the record, correct?
Ms. Mendez: Yes.
Chair Hardemon: Mr. City Clerk.
Todd B. Hannon (City Clerk): Roll call on item FR. 5.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
Chair Hardemon: We're at our lunchtime now. 1 expect everyone to be back at 3
o'clock. Want to read something into the record?
Mayor Tomas Regalado: (UNINTELLIGIBLE) executive or shade?
Chair Hardemon: No.
Ms. Mendez: Right. I don't know if we're going to start --
Commissioner Suarez: Mr. Chair?
Ms. Mendez: -- with the executive session or the shade session --
Chair Hardemon: No.
Ms. Mendez: -- and I don't know if it's going to be at 3 or if --
Chair Hardemon: No. At 3 o'clock we'll come back; we'll finish our meeting. We're
not going to have the public waiting around for us while we're in a shade meeting.
City of'Miami Page 52 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: Thank you, Mr. Chair. Mr. Chair, can I just say one thing
real quick? That I have to chair the MPO (Metropolitan Planning Organization) at
2, so I'm going to try to get out of there as quickly as I can so I can be here on time.
Mayor Regalado: Just for the record, Mr. Chairman, executive session will be at?
Chair Hardemon: It will be at the conclusion of our meeting.
Mayor Regalado: Okay.
Ms. Mendez: And Chairman, the last thing I wanted to confirm, just -- are we -- the
ordinance, the "clean zone" ordinance, then it will be on. the 9th, as you requested?
Because you got the information -- Thank you so much.
Chair Hardemon: Meeting's in recess.
END OF FIRST READING ORDINANCES
City oj'Miami Page 53 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
RE - RESOLUTIONS
REA RESOLUTION
1318 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Liberty City ATTACHMENT(S), APPROVING AND ADOPTING THE
Community SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY
Revitalization Trust REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS
COMPOSITE EXHIBIT "C", IN THE AMOUNT OF NINE HUNDRED
NINETY THOUSAND NINE HUNDRED NINETY DOLLARS
($990,990.00), FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 2016 AND ENDING SEPTEMBER 30, 2017.
ENACTMENT NUMBER: R-17-0089
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo
ABSENT:
Russell. Suarez
Chair Hardemon: Like to call the February 23, 2017 meeting back into order.
RE. 1.
Elaine Black: Good afternoon, Commissioner. Elaine Black, Liberty Cit) Trust,
4800 Northwest 12th Avenue. We would like to have an amendment to our budget,
adding an additional $250,000 for our youth employment program, and we
appreciate your support on this very important matter.
Commissioner Carollo: Move it.
Chair Hardemon: Properly moved; seconded by the Chair. Is there any comment
from the public about this item? Seeing none, any further discussion? All in favor,
say "ave. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Ms. Black: Thank you so very much.
Chair Hardemon: Thank you.
City of'Miami Page 54 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
RE.2
RESOLUTION
1137
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
Commissioners
THE CITY ATTORNEY TO FORMALLY ISSUE IN WRITING ANY
MOVER:
LEGAL OPINION PREPARED BY THE OFFICE OF THE CITY
and Mayor
ATTORNEY IN RESPONSE TO A LEGAL SERVICES REQUEST
AYES:
("LSR") FROM THE MAYOR, A CITY COMMISSIONER, THE CITY
MANAGER, OR A DEPARTMENT DIRECTOR; PROVIDING THAT
LEGAL OPINIONS SHALL NOT BE PUBLISHED UNLESS
OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED
THE LSR WITHIN TEN (10) DAYS OF ISSUING THE LEGAL
OPINION; FURTHER PROVIDING THAT THIS RESOLUTION
SHALL NOT APPLY TO LEGAL OPINIONS PREPARED FOR
ONGOING LITIGATION OR ADVERSARIAL ADMINISTRATIVE
PROCEEDINGS, OR PREPARED IN ANTICIPATION OF IMMINENT
LITIGATION OR ADVERSARIAL ADMINISTRATIVE
PROCEEDINGS.
Note for the Record. Item RE.2 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Chair Hardemon: Commissioner Suarez, we waited --
Commissioner Suarez: Thank you, Mr. Chair, and 1 apologize. 1 was chairing the
MPO (Metropolitan Planning Organization) meeting earlier today. The item is, I
believe --
Chair Hardemon: RE.2.
Commissioner Suarez: -- RE.2. And I just want one -- I'm sorry. There's one --
what I thought was a scrivener's error, and I just noticed it now. It says here on
Section 3, "Any legal opinion issued in response to an LSR (legal services request)
from one of the aforementioned individuals," it says, "shall not be published unless
otherwise directed. " I wanted to say "shall be published unless otherwise directed
by the individual who submitted" --
Commissioner Carollo: Where are we?
Commissioner Suarez: I'm sorry. It's RE.2.
Commissioner Carollo: Got you.
Commissioner Suarez: -- "shall be published unless otherwise directed. " We
request a lot of informal opinions sometimes from the City Attorney. If'we are just
asking her for her opinion on something and we don't want it to be published, we can
tell her, "Look, it's not something that we want published, " but I think that all LSRs
should be published, unless otherwise directed. Do you get what I'm saying?
City of'Miami Page 55 Printed on 411 012 01 7
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. Item RE.2 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Chair Hardemon: Commissioner Suarez, we waited --
Commissioner Suarez: Thank you, Mr. Chair, and 1 apologize. 1 was chairing the
MPO (Metropolitan Planning Organization) meeting earlier today. The item is, I
believe --
Chair Hardemon: RE.2.
Commissioner Suarez: -- RE.2. And I just want one -- I'm sorry. There's one --
what I thought was a scrivener's error, and I just noticed it now. It says here on
Section 3, "Any legal opinion issued in response to an LSR (legal services request)
from one of the aforementioned individuals," it says, "shall not be published unless
otherwise directed. " I wanted to say "shall be published unless otherwise directed
by the individual who submitted" --
Commissioner Carollo: Where are we?
Commissioner Suarez: I'm sorry. It's RE.2.
Commissioner Carollo: Got you.
Commissioner Suarez: -- "shall be published unless otherwise directed. " We
request a lot of informal opinions sometimes from the City Attorney. If'we are just
asking her for her opinion on something and we don't want it to be published, we can
tell her, "Look, it's not something that we want published, " but I think that all LSRs
should be published, unless otherwise directed. Do you get what I'm saying?
City of'Miami Page 55 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: So it wasn't meant to be "not be published. " Its meant to be
"shall be published."
Commissioner Suarez: Correct.
Vice Chair Russell: Okay.
Commissioner Suarez: Yeah, "shall be published unless otherwise directed. " Move
it.
Commissioner Carollo: Second.
Vice Chair Russell: Discussion.
Commissioner Gort: What do you mean by "otherwise directed"?
Commissioner Suarez: Well, unless the person who is asking for the opinion doesn't
want it published --
Commissioner Gort: Okay.
Commissioner Suarez: -- it's going to be published, right.
Commissioner Gort: So if the person that asked, for the opinion does not want it be -
- have itpublished --
Commissioner Suarez: They can say, "Just don't publish it. "
Commissioner Cort: -- don't publish it.
Commissioner Suarez: But otherwise, it will be published.
Commissioner Gort: Okay.
Commissioner Carollo: Mr. Chairman, ifl may, real quick?
Chair Hardemon: Yes.
Commissioner Carollo: So a lot of times, we don't askfor a formal LSR.
Commissioner Suarez: Correct.
Commissioner Carollo: But we ask, "Hey, what's your opinion on this, this, this and
that? Canyon do the research?" but not necessarily we do a formal LSR.
Commissioner Suarez. All you have to do is tell her, "It's notforpublishing; it's not
a published LSR. " But if its an LSR, it's going to be published.
Commissioner Carollo: Understood.
Commissioner Suarez: Got it.
Commissioner Gort: Some of the documents that we get, it's not --
Commissioner Suarez: What's that?
City of'Miami Page 56 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Gort: Like, some of the documents we get from the Law Department,
in negotiation, they tell us it's confidential.
Commissioner Suarez: Yeah.
Victoria Mendez (City Attorney): ]just -- I'm sorry. 1 want to clam this. Part of
the resolution says, "It shall be in writing, " so it will be in writing. The opinion will
be in writing. The second part says -- has to do with the publishing of it or not, so 1
just want to make sure that everybody understands.
Vice Chair Russell: Not -- I think there's a misunderstanding. I don't think there's a
meeting of minds here, because in my briefing, and really, in understanding the
wording, the Law Department has advised that they will issue an LSR, whether we
officially ask for an LSR or not,* that any time we ask for a legal opinion, informally
or whatever, they will turn it into an LSR, and it will be published. This would
eliminate our ability to have confidential conversations with our -- as a client, but I
don't think that's the intention.
Commissioner Suarez: No. My intent was on Battersea, if you recall.
Vice Chair Russell: Yeah.
Commissioner Suarez: There was an email chain of dueling legal opinions, if you
will.
Vice Chair Russell: Yeah.
Commissioner Suarez: Right?
Vice Chair Russell: Informal.
Commissioner Suarez: Right. And so, for me, my intent is to, first of all, formalize
the process, so when someone asks for a legal opinionn on a matter like that, it should
be issued formally. And the second thing is, it should be published so that the public
that is looking for an interpretational matter can rely on that opinion in terms of
interpreting --just like you would an --
Vice Chair Russell: Yeah.
Commissioner Suarez: -- Attorney General Opinion. It's the same exact thing that
happens in the State. So, I mean, like the Commissioner was saying, there are many
times where you ask her for an informal opinion on something. Sometimes, she'll
say, "You need to get a formal Ethics opinion, "for example, on something that had --
may have to do with some sort of an ethics question, or whatever the case may be.
Vice Chair Russell: Thank you. And if I could colloquy, Mr. Chairman. 1
appreciate that, and I figured that's where this was coming from, so I do appreciate
the spirit of this. But in this -- in the particular case of Battersea, for example, it was
parsing through a lot of --
Commissioner Suarez: Right.
Vice Chair Russell: -- emailed, informal legal opinions, and it would have been
great, had they, been formalized. But the fact in that case was, those opinions were
never requested by the City Commissioner, the Mayor, the Manager, or a department
director. Those opinions were always requested by an outside entity that was
lobbying fbr what was going on. So even in that case, nobody from the inside was
City of'Miami Page 57 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
asking our Attorney for an opinion, formally or informally. All those opinions were
generated by requests from the outside, which always also begs the question, who
can actually generate an LSR? And it should only come from the clients.
Commissioner Suarez: 1 don't think somebody from the outside can generate an
LSR.
Vice Chair Russell: They shouldn't be able to.
Commissioner Suarez: That's just my perspective.
Vice Chair Russell: Right.
Commissioner Suarez: Right.
Vice Chair Russell: So in that case, this would not have saved that situation. Maybe
there should have been less weight given to the opinions -- given to an outside,
because at the end of the day, nobody from the inside asked for that opinion.
Commissioner Suarez: I think the only people that can ask for an opinion from the
City Attorney's Office is the Commission, because were the client; were the
governing body.
Vice Chair Russell: Absolutely agreed. And that was part of my biggest --
Commissioner Suarez: Right.
Vice Chair Russell: -- beef'with the situation at the time --
Commissioner Suarez: Sure.
Vice Chair Russell: -- that if the Attorney's working for the City, and the list of you know, not the -- not only the Commission, but the Mayor, the Manager, et cetera,
the directors -- you know, there's a perception that there's work for an outside entity
when they are lobbying for something, and that's changing the opinions.
Commissioner Suarez: Do you want something that says specifically that only those
people listed here can have -- can issue or can request legal opinions?
Vice Chair Russell: Yes, if that's not already clear and explicit within our LSR
process, but I also want to help make sure that what you're intending here --
Commissioner Suarez: Sure.
Vice Chair Russell: -- is accomplished, within the legislation. For certain, you
know, outside should not be able to --
Commissioner Suarez: Agreed.
Vice Chair Russell: --initiate an LSR. But I guess what I really want to understand
that I don't know if there's a meeting of the minds between. the Legal Department and
your intended -- your intentions here is whether or not informal requests will
generate an LSR, because in my briefing, it's -- they seem to feel that, based on
what's written here, no matter what we askfor, informally or formally, they will start
the LSR process, and I really feel that your intention, and what I would agree with, is
that only if officially requested, an LSR would generate an LSR What did you
intend?
City of'Miami Page 58 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: Yeah. No, I mean, I think the issue is, you had a situation
where you had dueling legal opinions --
Vice Chair Russell: Yeah.
Commissioner Suarez: -- that were done informally, in writing, and 1 think the first
issue was, as you said -- and I think you said it correctly -- was who could issue -- or
who should be able to get a legal opinion? I think the answer to that question should
be the City Commission or the Mayor; not an outside party, right? So that's issue
number one. I think issue number two is, once a formal legal opinion is requested on
a matter by someone who is authorized to do so, that should be published so that the
public cann then look at that legal opinion and realize -- For example, in Battersea,
we were talking about whether or not the Code allowed for unplatted lots to be
treated like platted lots.
Vice Chair Russell: Right.
Commissioner Suarez: So that's an interpretational issue. We can change that by,
you know, ordinance, and we are going to do that, but in the meantime, all that the
public can rely on is what the City Attorney -- how the City Attorney has interpreted
the Code. So my thing is, once the City Attorney interprets the Code, it should be
published so that everyone who has an opportunity --who's looking at our
government can understand how our government functions, and how the Code
should be interpreted in that issue.
Vice Chair Russell: Thank you. Burnaby, is this what you understood and intended?
Because you had mentioned in our briefing that you felt this might create an undue
burden ofwork, because LSRs would be issued any time --
Mr. Min: Right. So I want to clarify it. The focus should not be on LSR. LSR is
simply a medium in order -- how to ask for an opinion. So the City Charter states
that the City Commission, the Mayor; I think department director, the City Manager;
boards and committees can ask for the opinion of the City Attorney. So any time
there is a request for an opinion of the City Attorney, regardless of what form -- well,
that's in an LSR; well, that's in a phone call; well, that's through an email; whether
it's through a Post -It note -- any time there's a request for a legal opinion, based on
this Peso, the way we'd be implementing this is that opinion would then be issued
formally, and also be publicized, unless directed otherwise. So it's not about the LSR
process. It's about the request for an opinion.
Vice Chair Russell: So even informal opinions would be published?
Mr. Min: Any request for an opinion, unless directed --
Vice Chair Russell: That's not your intention, is it?
Mr. Min: -- otherwise.
Vice Chair Russell: Because that would actually eliminate the confidentiality of our
relationship, wouldn't it?
Mr. Min: And that is one of the concerns of the City Attorneys Office; yes, sir.
Vice Chair Russell: All right. Then maybe this needs a little more work, because I
see what your intention is.
City of'Miami Page 59 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: I mean, look --
Vice Chair Russell: It's going to have an unintended consequence we don't want.
Commissioner Suarez: -- I have no problem working on it a little bit more. It's not
the end of the world for me.
Vice Chair Russell: Yeah.
Commissioner Suarez: My issue is simply, you know, you could tell the City
Attorney, "Look, I want an opinion on this issue, but it's not an opinion that needs to
be published. " I mean, that's the same thing. I don't know if fm making any sense.
Mr. Min: The only -- my only response to that, Commissioner, is while it doesn't
have to be published --
Vice Chair Russell: It would be a public record.
Mr. Min: -- based on this, because you were asking for it to be in a formalized
memorandum format, it will not become a public record. So although it may not be
published, although it may not be disseminated to the world, anybody in the world
can come ask -for it, and we would have to turn it over --
Commissioner Suarez: Right.
Mr. Min: -- unless one of the exemptions under Chapter 119 applies.
Vice Chair Russell: I'd be glad to sponsor this together with you and we --
Commissioner Suarez: Yeah, we'll work on it. That's fine.
Vice Chair Russell: -- we'll wrap it up tight, yeah.
Commissioner Suarez: So ]guess we'll defer it?
Commissioner Carollo: So we'll defer it now.
Vice Chair Russell: Yes.
Commissioner Suarez: Right.
Vice Chair Russell: Move to defer.
Commissioner Suarez: Second. Next 30 days?
Commissioner Carollo: Deferral.
Todd B. Hannon (City Clerk): We're deferring it to March 9?
Commissioner Suarez: Yeah.
Vice Chair Russell: I won't be here.
Commissioner Suarez: No.
Vice Chair Russell: The following.
City of'Miami Page 60 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Hannon: March 23.
Vice Chair Russell: Yes, please.
Mr. Hannon: So we'll continue it to March 23.
Commissioner Suarez: Yeah. (UNINTELLIGIBLE) March 9.
Commissioner Carollo: And I'm sorry. The motion on the floor is to defer?
Commissioner Suarez: Yeah.
Commissioner Carollo: Okay.
Vice Chair Russell: Thank you, Commissioners.
Chair Hardemon: Any further discussion on the motion to defer?
Commissioner Suarez: Yeah.
Chair Hardemon: Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
RE.3 RESOLUTION
1139 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
Commissioners THE CITY MANAGER TO CREATE, WITHIN CURRENT
and Mayor BUDGETARY CONSIDERATIONS, AN OFFICE OF
TRANSPARENCY WITH THE RESPONSIBILITY OF MANAGING
PUBLIC RECORDS REQUESTS IN AN OPEN AND
TRANSPARENT MANNER; FURTHER DIRECTING THE CITY
MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC
MEANS OR PLATFORM FOR THE IMMEDIATE PUBLICATION OF
NON-EXEMPT PUBLIC RECORDS; FURTHER DIRECTING THE
CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC
NOTIFICATION SYSTEM FOR THE AUTOMATIC NOTIFICATION
OF DECISIONS RENDERED BY THE CITY.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. Item RE.3 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record: For minutes referencing item RE.3, please see "Order of the
Day. "
City of'Miami Page 61 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
REA
RESOLUTION
1813
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners
REQUESTING THAT THE DEPARTMENT OF OFF-STREET
PARKING OF THE CITY OF MIAMI ("CITY"), REFERRED TO AS
and Mayor
THE MIAMI PARKING AUTHORITY ("MPA"), ESTABLISH A
RESTRICTED RESIDENTIAL PARKING ("RRP") ZONE IN THE
SHENANDOAH AREA OF THE CITY, FOR SUCH AREAS IN
SHENANDOAH WHICH HAVE ACTIVE CONSTRUCTION
PROJECTS; PROVIDING THE FOR THE OBJECTIVES OF THE
RRP AS SET FORTH IN SECTION 35-196 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA; FURTHER REQUESTING THE MPA TO
RESEARCH CREATING A CITYWIDE PARKING PROGRAM TO
ADDRESS RESIDENTIAL PARKING CONCERNS FOR
RESIDENTIALLY ZONED T3 AREAS IN THE CITY UNDERGOING
CONSTRUCTION PROJECTS.
ENACTMENT NUMBER: R-17-0091
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For additional minutes referencing item RE.4, please see
"Public Comment Period for Regular Item(s)."
Chair Hardemon: I think RE.4 is simple. It's just --
Commissioner Suarez: RE.4 is what's left, Right? And I'll move it. It's basically
establishing the temporary parking zone for Shenandoah. I've met with the MPA
(Miami Parking Authority) director, and this is him --
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that'd like to make a comment on RE.4? Seeing none, is there any further
discussion?
Commissioner Gort: Let me ask a question. Can you just ask the park -- Miami
Parking System to establish it? Does it have to come through us?
Commissioner Suarez: Yeah. That's what this does.
Commissioner Gort: Oh.
Commissioner Suarez: That's what this does. It's a reso. We have to go through
their process.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City oj'Miami Page 62 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
END OF RESOLUTIONS
City of'Miami Page 63 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
BU -BUDGET
BU.1 BUDGET DISCUSSION ITEM
1507 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)
LT DISCUSSED
IRESU
Chair-Hardemon: RE.2. Is that Suarez?
Daniel J Alfonso (City Manager): Commissioner -- Mr. Chairman -- I'm sorry --
RE.2 is a resolution sponsored by Commissioner Francis Suarez, and --
Chair Hardemon: Well, let's try to --
Mr. Alfonso: I'm not sure --
Chair Hardemon: We'll pass it till he gets here, because I'm sure he may want
something to say about it, so let's -- RE. 4.
Mr. Alfonso: That's also --
Chair Hardemon: Francis Suarez.
Mr. Alfonso: -- Francis Suarez.
Chair Hardemon: Okay, let's try BU.1.
Mr. Alfonso: BU. 1.
Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Oce
of Management & Budget. We've done a projection for the month of January, which
closed on -- the books closed on February 9. Were projecting a surplus of 18.6
million, which is a net, because the internal service fund is looking like it will be
negative. Excuse me. This is due mainly to health care increases across the City.
General fund revenues were $33 million higher than last January. General fund
expenditures were $17 million higher. Excuse me; can't catch my breath. Sorry.
There are four departments that are projected to go over budget: Procurement, a
small amount,- EODP (Equal Opportunity/Diversity Programs), a very small
amount; Police and Fire both, because they're hiring faster than we expected.
Before we get too excited about the 18.6 million, remember that 5 million is spoken
for in the reserve for contingency reserve. There is also 9.1 that is reserved for
uncollectible, and it does not include anything associated with the currently open
collective bargaining agreement that we're working on with the Fire union. We're
developing the mid -year budget amendment, which will likely come on April 13, and
City of'Miami Page 64 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
we have put instructions out for City departments to begin preparing their budgets
for the new fiscal year in '17118, starting this October, and those instructions include
targets for each department to hit in their general fund numbers. And I'll be happy
to take any questions you have.
Chair Hardemon: Are there any questions? Seeing none, thank you very much, sir.
Mr. Rose: Thankyou, Commissioners.
END OF BUDGET
City of'Miami Page 65 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
AC - ATTORNEY-CLIENT SESSION
ACA ATTORNEY-CLIENT SESSION
1801 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Attomey CONDUCTED AT THE FEBRUARY 23, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE FOLLOWING PENDING LITIGATION CASES: VILLAGE OF
KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP,
BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION AND
VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-
02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO
WHICH THE CITY IS PRESENTLY PARTY. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-
CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO
"WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ;
THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR
LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND
ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. 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
Barnby Min (Deputy City Attorney): Thank you, Vice Chairman. We've concluded
the first shade meeting, and the second one is now Village of Key Biscayne versus
City of Miami. 171 read the speech into the record. On February 9, 2017, under the
provisions of Section 286.011(8), Florida Statutes, the City Attorney requested that
the City Commission meet in private to discuss pending litigation in the Jollowing
cases: Village of Key Biscayne versus City of Miami, Case Number 15-200 AP,
before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade
County, Appellate Division and Village of Key Biscayne versus City, of Miami, Case
Number 15-02997 CA -09, before the Circuit Court of the Eleventh Judicial Circuit,
in and for Miami -Dade County, to which the City is presently a party. The City
City of Miami Page 66 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commission approved the City Attorney's request, and will now at approximately
7:30 p.m. commence a private attorney-client session, under the parameters of
Section 286.011(8), Florida Statutes. The private attorney-client session will
conclude approximately one hour later. The session will be attended by the members
of the City Commission, which include Chairman Keon Hardemon, Vice Chairman
Russell, Commissioners Wiedo "Willy" Gort, Frank Carollo, and Francis Suarez;
the City Manager, Daniel Alfonso; City Attorney Victoria Mendez; Deputy City
Attorneys John Greco and Burnaby Min; Division Chief of Land Use and
Transactions Rafael Suarez Rivas; and Assistant City Attorney Kerri McNulty. 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. 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, sir.
Vice Chair Russell: Officially reopening City Commission and adjourning the
meeting.
Mr. Min: Thank you, Commissioner. We do have a -- The Manager has asked for a
-- an executive session to discuss labor issues; if you can adjourn upstairs, please.
City of'Miami Page 67 Printed on 4/10/2017
City Commission Meeting Minutes February 23, 2017
AC.2 ATTORNEY-CLIENT SESSION
1800 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 FEBRUARY 23, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE FOLLOWING CASE: ALEXIS
STEVENS V. CITY OF MIAMI, CASE NO. 15-23931, BEFORE THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, 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 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-
CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO
"WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ;
THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR
LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT
CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF
AND BARBARA A. DIAZ. 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.
FRESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): And Commissioners, we do have two shade
meetings and one executive session. If you don't mind, I can read the shade meeting
announcement into the record while you proceed upstairs?
Chair Hardemon: Yes.
Mr. Min: On February 9, 2017, under the provisions of Section 286.011(8), Florida
Statutes, the City Attorney requested that the City Commission meet in private to
discuss the pending litigation in the case of Alexis Stevens versus City of Miami,
Case Number 15-23931, before the United States District Court for the Southern
District of Florida, to which the City is presently a party. This private meeting will
begin at approximately 6:45 p.m. and conclude approximately, one hour later. The
session will be attended by the members of the City Commission: Chairman Keon
Hardemon, Vice Chairman Ken Russell, and Commissioners Wifredo "Willy" Gort,
City of'Miami Page 68 Printed on 4/10/2017
City Commission Meeting Minutes February 23, 2017
Frank Carollo, Francis Suarez; City Manager Daniel J. Alfonso; City Attorney
Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division
Chief for Labor and Employment Kevin Jones; and Assistant City Attorneys Kerri
McNulty, Stephanie Panoff; and Barbara Diaz. 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. 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, sir.
Vice Chair Russell: All right. The Commission is back in session.
Mr. Min: Thank you, Vice Chairman. We've concluded the first shade meeting.
END OF ATTORNEY-CLIENT SESSION
City of'Miami Page 69 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
DI - DISCUSSION ITEMS
DIA DISCUSSION ITEM
1811 ANALYSIS FROM INDEPENDENT AUDITOR REGARDING RENTAL
Commissioners CALCULATIONS SET FORTH IN PROPOSED VIRGINIA KEY
and Mayor REQUEST FOR PROPOSALS.
RESULT: DISCUSSED —
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: We have another item.
Vice Chair Russell: Oh, I'm sorry, because I've got a pocket discussion. I didn't
know when it was appropriate.
Chair Hardemon: The -- we have our DI.1. That's the Independent Auditor
discussion.
Commissioner Carollo: He's there.
Theodore Guba: Ted Guba, Auditor General. We previously distributed a draft
report to you on the subject. This is the final report that's being distributed now, and
we also discussed the information in the draft report with management, so I'd like to
give a brief summary.
Chair Hardemon: Please.
Mr. Guba: On February 9, 2017, a Commissioner requested that we perform an
analysis of'rental calculations set forth in the Virginia Key Request for Proposal. As
part of the analysis, we reviewed the rent required in the most recent draft RFP
(Request for Proposals), as well as the fair market value of'rent determined by two
appraisals, conducted by independent State -certified appraisers, as of May 2015,
and one of them was Waronker and Rosen, and the other one was Joseph J. Blake
and Associates. And we also looked at the appraisals of two fair market appraisals,
conducted by the same two independent appraisers, as of June 2016. There was
significant difference in the appraisal amounts for rent, mainly due to the different
approaches used and different assumptions and the number of wet and dry, .clips, and
market rates. As noted in the report, wet slip rent ranged from 343, 000 to more than
I million, and the dry slip rent ranged from 535,000 to more than 1.9 million for the
appraisals. To summarize, the amount of rent required under the current proposed
RFP was 2.15 million. The 2015 Waronker appraisal of 1.2 million was based on
the then -current number of slips, the usage, and the rents of the property.
Rickenbacker at that time had 190 wet slips and 298 dry slips, and the Marina
Stadium Marina had 296 dry slips. The 2015 Blake appraisal of 2.1 million was
based on the market rate rent of the property, according to a prior RFP that
required 490 wet slips and 648 dry slips. The 2016 Waronker appraisal of 1.9
million was based on the income approach, using the land market value oj'32 million
and a cap rate of 6percent. And finally, the 2016 Blake appraisal of 3.1 million was
based on market rate rent of the property, according to RCI's proposal, under a
prior RFP, using 162 wet slips and 973 dry slips. And there were other smaller
City oj'Miami Page 70 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
differences regarding fuel, restaurant operations, and other income that were
detailed in the report, but the major differences were due to the increase in the
property value, which was in the 50 percent range; and also, between 2015 and
2016, the increase in the estimated slip rates. That's about it.
Commissioner Suarez: Okay. is that it?
Mr. Gaba: For the -- and you have the report.
Commissioner Suarez: So, Mr. Chair, ifl may?
Chair Hardemon: Please.
Commissioner Suarez: Couple things. One is, first -- this kind of goes to the LSR
(legal services request) issue that we were talking about. When -- and I -- we didn't
have a chance to talk about this, obviously, because this was sent to us, I think,
yesterday or the day before yesterday, if I'm not mistaken, by email.
Mr. Guba: Yeah, [--yeah.
Commissioner Suarez: So one issue that I talked to the City Attorney about is, if
you're going to issue a report -- right? -- that's going to be the backup for a City
Commission agenda item, the -- we try to disclose the items, the -- you know, the
information, with five days' notice before the meeting so we can digest the
information and actually understand it. And so --
Commissioner Carollo: If I may, Commissioner Suarez? Could you yield for a
second?
Commissioner Suarez: Yeah, go ahead, of course.
Commissioner Carollo: I think at the time that we -- that you made the request and
he received it and actually tried to do the work, that was the timeframe. Remember -
Commissioner Suarez: (UNINTELLIGIBLE) timefame.
Commissioner Carollo: -- it was a --
Commissioner Suarez: Yeah, (UNINTELLIGIBLE).
Commissioner Carollo: -- one or two day, because it was a Thursday. By the
following Tuesday or Monday, he needed to provide --
Commissioner Suarez: Yeah.
Commissioner Carollo: -- it for the five days. So he didn't have the time, so he did it
to --
Commissioner Suarez: And I will say this, because there's two -- and I kind of have
this back and forth; but, yes, absolutely, to get it in by the deadline, the print
deadline, by Tuesday, was very diff cult.
Commissioner Carollo: What happened -- that's what happened.
Commissioner Suarez: Very difjieult.
City oj'Miami Page 71 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Yes.
Commissioner Suarez: But what I'm saying is that when you issued it, I guess two
days ago, it was issued as a draft, right? So -- and then it was -- when you open it, it
says it's confidential. So the point is that there's no time for -- you know, I think the
finalized version was given to us today, you know.
Mr. Guba: We couldn't -- we had no time to review it, and so that we have to review
it in order to -- independent review --
Commissioner Suarez: Yeah.
Mr. Guba: -- in order to finalize it, yes.
Commissioner Suarez: Fine. And just -- I'm just telling you that the quicker you get
it to us and the -- in final form, the better, because that way, we have more time --
the public has more time to scrutinize it, okay? It's just a -- don't worry about it. It's
not a big deal.
Commissioner Carollo: And, Commissioner Suarez, if'I may?
Commissioner Suarez: Yeah.
Commissioner Carollo: I think -- I know I think he worked in good faith to get it to
this Commission meeting --
Commissioner Suarez: No, I know he did work in good faith.
Commissioner Carollo: -- but, in all fairness, maybe he should have provided it in
the next Commission meeting so we'd have ample time --
Commissioner Suarez: And --
Commissioner Carollo: -- because I understand. 1 --
Commissioner Suarez: Yeah.
Commissioner Carollo: -- didn't have the sufficient time to look through it, also, and
I get it.
Commissioner Suarez: And the second part of it is, I'm not sure that it answered the
question that I think we were trying to answer. So which -- the question we're trying
to answer is: Based on the limitations that are set forth in the RFP -- For example,
you have a flood plain elevation requirement. You have a height, a crown
requirement -- right? -- on the property itself. You have slip potential -- that creates
potential slip restrictions, in terms of the number of slips that you can have. The
question is: Is the base minimum rent the right base minimum rent? Because what I
don't want to happen is that somebody -- just because someone bid a higher rent
amount, I don't want them to come back six months later, a year later, or two years
later and say, "Oh, Commissioner, that was" -- "that base minimum rent was too
aggressive, " right?
Mr. Guba: Mm-hmm.
Commissioner Suarez: Which is what happened with, for example, in the County,
Secure Wrap; just to use as an example. They came in, they bid, they won the bid,
and then -- what? -- two years later; they came back and said, you know, does --
City of'Miami Page 72 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
"The minimum rental payments were too aggressive, and we have to reduce them."
So I'm just -- that's the part that, for me, I didn't get clarity from the report with the
time that had.
Commissioner Carollo: Mr. Chairman, if] may?
Chair Hardemon: Please.
Commissioner Carollo: 1 don't know if the -- and he could speak -- definitely speak
for himself, but I don't know if it'd give you that clarity, because a lot of this is based
on assumptions made by -- I'll call them "respondents. " You know, they're based on
re -- onn their assumptions. Now, he might be able to tell you whether he believes the
assumptions are reasonable.
Commissioner Suarez: Right.
Commissioner Carollo: But I don't know if he could actually, you know, tell you,
"Yes, they will be able to provide this amount" or not. Now, with that, I'll yield to the
Auditor, and let him respond.
Mr. Guba: The -- one conclusion that I drew is from the analysis done by the
appraisers. They both agree that the property values and the rent slip values would
go up,from. -- substantially from one year to the next. I don't know the reason for
that. It was -- pretty substantial increase --
Commissioner Suarez: Right.
Mr. Guba: -- but I could -- not being an appraiser, I don't know whether the amount
that's in the RFP is right.
Vice Chair Russell: Achievable?
Commissioner Suarez: So we're try -- so what I -- the reason why you're analyzing
this -- I think the reason why we wanted you to analyze this is we -- there's a
financial aspect to this RFP, which is the rent that we're going to get.
Mr. Guba: Mm-hmm.
Commissioner Suarez: And so, the hope is, at least from my ex -- my hope was that,
if' we're going to have the Auditor review those calculations that the Auditor could
come back and tell us they're reasonable, they're too low, they're excessive; whatever
the case may be. I'm just concerned that -- I don't want somebody re -trading the
deal a year later, two years later, three years later, based on limitations that we put
in the RFP; like, a height limitation, which we have; a floor increase limitation,
which we also have. So those are things that are in the RFP, and those things might
compress the amount of dry slips, and so, we -- My point is that the numbers that we
have in the RFP have to be -- have to have some reasonable basis, in fact; otherwise,
somebody's going to come back later, in a year or two years, and say, "Hey, you
were too aggressive. Please reduce the base minimum rent. " You get what I'm
saying?
Mr. Guba: I understand what you're asking, but with the differences, especially in
the 2016 appraisals, with one being 3.1 million; the other one being 1.9 million,
that's a pretty, large difference, the two appraisals; but on the other hand, they both
agree that the rents would go up significantly from '15 to '16.
Commissioner Suarez: But you -- but I think you --
City of'Miami Page 73 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Guba: But then again, they had different --
Commissioner Suarez: -- but you --
Mr. Guba: -- criterion [sic], dferent number of slips.
Commissioner Suarez: They have different approaches.
Commissioner Carollo: Different analyses.
Commissioner Suarez: One of them --
Mr. Guba: Different approaches.
Commissioner Suarez: -- was the income approach --
Commissioner Carollo: Yes.
Commissioner Suarez: -- where you assumed the 6 percent return on investment,
right? The other one was jlist the approach, based on --just an approach based on
what the bidders had bid on, right? Those are the two dif approaches.
Mr. Guba: Yes.
Commissioner Suarez: That's the way I saw it.
Mr. Guba: Yeah. I mean, the RF -- the 2015 approach was -- well, one was based
on just the actual experience for the two marinas, for Rickenbacker and the Marine
Stadium Marina; what they were actually experiencing and projecting on those
rents, which gave a 1.2 million appraisal.
Commissioner Suarez: That's the current. That's the current.
Mr. Guba: That was 2000 -- again, that was not a market rate; that's what they were
experiencing.
Commissioner Suarez: Right.
Mr. Guba: The other 2015 appraisal applied market rate figures from surveys,
getting -- from different marinas to get the wet slip rates, and a different
configuration, based on the RFP that was issued the year before that -- for this RFP.
So -- and then the next two appraisals were also based on different criteria. One
was based on --
Commissioner Carollo: (UNINTELLIGIBLE).
Mr. Guba: -- the cap rate --
Commissioner Suarez: Right.
Mr. Guba: -- divided by the land value, and the other one was based on different
criteria, and even -- and the market rates apparently went up a lot for the slip rates.
Commissioner Suarez: But the other approach was just based on what was actually
bid.
City of'Miami Page 74 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Cuba: Pardon me?
Commissioner Suarez: No? Wasn't that --? What was the second approach?
Vice Chair Russell: They're saying the --
Commissioner Suarez: One was the cap rate, one approach.
Commissioner Gort: Right.
Commissioner Suarez: And the second approach was what?
Mr. Guba: Was using the configurations, what was actually bid by RCI --
Commissioner Suarez: That's what I just said.
Mr. Guba: -- adjusting for the slips, but doing market --
Commissioner Suarez: Exactly. So what I'm saying is --
Mr. Guba: -- rate surveys.
Commissioner Suarez: -- approach number two is a dangerous approach, because
somebody can bid whatever they want to bid, win the RFP, come back six months
later, a year later, two years later -- and there have been multiple examples of that,
where they come back and they request a reduction, based on actual data and based
on actual numbers versus -- And my point is, I just don't want to create a situation
where we're aggressive with the restrictions that we have, and then somebody is just
going to re -trade the deal.
Mr. Guba: But I believe the 2016 rates were determined by surveys; not those that
were in the RCI proposal. And, you know, it wasn't the same -- it wasn't by the
proposal. They went to other marinas and they solicited market rates.
Commissioner Carollo: Mr. --
Chair Hardemon: The Vice Chairman and then Commissioner Carollo.
Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Mr. Guba, for this
analysis. I haven't fully digested all the numbers, but I can see you've given us an
analysis of why and how we can compare the apples to oranges of the two. I'm
wondering if you have a recommendation moving forward from here to get to that
accurate -- more accurate number that we should be asking for in the negotiation,
because, like Commissioner Suarez said, you know, really, we have a number that
they're shooting for, and I'm -- The fear of the outside -- of the community has
always been that we backed into this number. We want to make "X" amount. Come
and bid on that. How can you get to that? And then, of course, we've added the
restrictions. I certainly don't want us to get rid of the restrictions to get the money. I
want to make sure that we're asking for a reasonable amount of money within those
restrictions.
Commissioner Suarez: Exactiv.
Vice Chair Russell: In that way, we're not setting them up to fail down the road. So
once we get your recommendation on how to best get that number, if it's not already
perfect as is, which may be the case, I would like to ask the Manager or our Real
Estate Asset manager where we would inject that in the process so as, one, not to
City oj'Miami Page 75 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
slow the process down, but within the negotiation, to be asking for the -- you know,
not too late. Like, after they've already bid, after they've made proposals, after
they've done all the projections, based on the analysis that we had at the larger
number, is there a place to inject that into the negotiation correctly? So one is,
what's your recommendation moving -forward to see if there's a more accurate -- if
there is a more accurate method to analyze the appraisal? And two, what could we
do with that number once we have it?
Commissioner Suarez: Mr. Chair --
Chair Hardemon: Sure.
Commissioner Suarez: -- can I just jump in, please?
Chair Hardemon: Yes.
Commissioner Suarez: So when I had my briefings with the Manager on this issue,
the base minimum amount went from 2.1 to 2.3. And when I asked, "Why did it go
up, if we've taken the wet slips out of the RFP land?" he said, "Because the winning
proposer in the last one said that they were willing to pay the 2.3, regardless of the
300 slips being taken out. " That was his answer, right? And so, my concern was
that they tell you that to win the RFP, and then six months later or a year later, they
come back and say, "That was too aggressive, " because people don't usually pay
more for less, usually. Okay? So that was the fear that I had, so I wanted some
rational analysis of how we got there. When you talk about a cap rate, like I said
before, the cap rate defines how every investment is done in the universe, period. It's
that simple. It's a rate of return on an invested dollar; it's that simple. So if the rate
of return to invest $100 million is 6 percent, then you know exactly what you have to
make to get that 6 percent return. You know how much debt service you can have.
You know how much revenue you have. So when you -- what worries me is, you're
telling me, from the cap rate approach, you're getting a number; from the bidding
approach, you're getting a significantly higher number. And what I'm saying is, that
worries me, because we have re -- further restricted this parcel through taking out
the wet slips, through increasing -- we've compressed it, and then we're telling
people, "And by the way, we want you to give us more money." I don't want
somebody to come back later in a year, in two years, and say, "We need you to
reduce it, because the amount was too aggressive. " We would have done all this, by
the way, before issuing the RFP had we done it, you know, the right way. But 1 was
kind enough to not make this an issue and vote against the RFP, just based on this
issue, because I wanted to be, you know, in the spirit of what the Vice Chair had said
in trying to get this thing done and all that, but I wanted this issue to be resolved in
an intelligent way, and I'm not getting there right now.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Gort: Let me ask a simple question. How many-- marine industry is
pretty large here in Miami, isn't it?
Daniel J. Alfonso (City Manager): Could you repeat the question, sir?
Commissioner Gort: The marine industry here, the -- what do they call them? -- it's
pretty large here in Miami.
Mr. Alfonso: The marine industry in Miami is strong, sir.
City of'Miami Page 76 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Cort: It's strong. And we should have -- we can calculate what the
charge is and what the market rate is at this time, throughout comparison with all
the other marinas?
Mr. Alfonso: Absolutely. So 1 want to clam a couple of things. 1 think there's some
misunderstanding. First, 1 want to say, Commissioner Suarez, 1 believe that the
person who did the cap rate calculation actually projected a higher rent, something
in the -- 3. -something million; is that what you said?
Commissioner Suarez: No.
Mr. Alfonso: 1.9?
Commissioner Suarez: Yeah. You got to read the audit.
Mr. Guba: He also -- in the 2015 appraisal, he also calculated a land value with a
cap rate at 20 -- the land value was 20 million to corroborate the 1.2 million.
Twenty million times 6pereent is 1.2 million.
Commissioner Gort: Mr. Chairman, I have a follow-up question.
Mr. Guba: And in 2016, you said the land value went up to 32 million.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: In that proposal, the research you all did, did you take in
consideration the restrictions that were put on this marina?
Mr. Cuba: That we're putting--?
Commissioner Gort: The restrictions.
Mr. Guba: Which restriction?
Commissioner Gort: We got quite a few restrictions in the -- in this RFP.
Mr. Alfonso: Mr. --
Commissioner Suarez: Let --
Mr. Alfonso: Chairman, Commissioner, the people who are projessionals that are
evaluating these things are called 'property appraisers." They look at the
restrictions on the land. They look at what can be done with the land. They, look at
how many slips can be built, and they come up with a number, based on their
projection of revenue and income, et cetera. So that's why we use the appraisal
method to come up with a number. That number was 2.1. You, Commissioner, are
right. You asked me, "Why did you initially put 2.3?" Well, because when we enter
into negotiations, if somebody is willing to pay a higher amount, we would gladly
take the higher amount, and that's been done in this chamber before, by the way,
where, at the last minute, when we're trying to close a deal, we collect a higher
amount from the proposer. And then, if the person comes back later and says, "Oh, I
can't own. up to my, commitment and my contract," then it is up to this Commission to
say whether they, will allow them to get out of that contract or not, or they're out.
Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: Please.
City, of'Miami Page 77 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: I don't have really a problem with what you're saying, except
that, that number has to be based on reality, and not --
Mr. Alfonso: But it is -- it was based on appraisals.
Commissioner Suarez: Okay. First of all, 1 don't know what the land value really
has to do with whether or not, if you're a tenant and you're going to finance a
hundred -million -dollar project, and you have to -- and the way you're going to pay
backfor that financing is you rent out boats, whether they be in the water or they be
-- you know, I don't know what the land value has anything to do with that. What it
has to do with it is the rental market for boats, and the rental market for boats,
whatever -- is whatever it is. And whatever you get for that rent times whatever it
pays for you to finance that construction gives you a rate of return, and that rate of
return has to be large enough for somebody to risk a hundred million dollars; it's
that simple, okay? And so, what I'rn saying is that there has to be some basis in
reality. It can't just be, "Oh, because a bidder told us we're going to pay more
money. " That --just hear me out.
Mr. Alfonso: Commissioner, we're talking about just the 200,000. The 2.1 was
based on multiple appraisals by professionals. You're making a point about the
extra 200, 000, which we said, "You're right. " We went back to the 2.1 as a starting
number instead of the 2.3.
Commissioner Carollo: But that in 2015. 2016, we have a different methodology
that increased significantly the dollar amount.
Mr. Alfonso: I understand. And before we bring back this award recommendation,
we have to do an upgraded appraisal, which will probably take another six to eight
weeks, which is why it would behoove us to get this process moving.
Commissioner Carollo: Right. And at the same time, if we're going to do it on the
land appraised value, the longer we wait, the more money we're going to get. So --
Mr. Alfonso: Well, the minimum rent might actually be higher than the 2.1 by the
time we negotiate this thing out.
Commissioner Carollo: Right. So even -- I don't want to say, "Rushing this, " but
even, you know, taking the time to make sure that the numbers are correct may
generate more revenue, as long as we do it on the appraised value, the land
appraised value.
Mr. Alfonso: I think our Charter requires that we bring these -- at least two
appraisals, which is what we intend to do.
Commissioner Carollo: But even the two appraisals have a big disparity.
Vice Chair Russell: But we'll get two more from here; is that what you're saying?
Unidentified Speaker: Yeah.
Vice Chair Russell: We'll get two more apples to apples.
Commissioner Carollo: Right, because the two appraisals, or two so-called experts
that you mentioned have a big disparity between each of them.
City of'Miami Page 78 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Alfonso: It happens with lawyers, accountants. I mean, even, professional looks
at something, looks at it a different way.
Commissioner Suarez: But --
Mr. Alfonso: Accountants will have different opinions on what's something you
could write off, what you can't write off. Lawyers will give you legal opinions that
are different.
Commissioner Suarez: Wait, wait, wait.
Mr. Alfonso: Appraisers look at different things, and they give you different values.
Commissioner Suarez: But there's different approaches to the way you appraise
propertv.
Commissioner Carollo: Yeah.
Commissioner Suarez: There's different approaches to the way that you do things.
You can hire somebody who's an appraiser who's not an expert in marinas. My
point is that you -- whatever number you set, whatever it is, has to be based on
reality. It has to be based on a rational economic model, period. So it doesn't
matter to me how you get there. What I don't want to see happen is that somebody
wins the RFP, gets financing, comes back and says, "Hey, I can't pay this amount,
because it doesn't give you a return on your investment. " And if you say, "Oh, well,
too bad, you're stuck, " then all of a sudden, the project goes down, and then we have
-- You know, the building that's next to the building that's there is a building that's
empty. So we don't want a building that's going to be empty because you have a
business that goes under, because they can't make the rent that they were supposed
to make, because then, this Commission says, "No, we're not going to give you a
break. " Do you get what I'm saying? So I think I made my point.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: This is a discussion item, and like everyone mentioned, we
just received the information a couple of days ago. I think it behooves all of'us to be
able to meet with the Auditor and -- or at least be able to go over these numbers,
and, you know, if you'd like, bring it back as a discussion, item in the future.
Chair Hardemon: That's fine
Commissioner Carollo: But in the meantime, I think we all should take the time to
be able to at least digest these numbers.
Commissioner Suarez: Yeah. And 1 think -- you know, I think, like my -- And by the
way, there was no pressure for you to do it in two weeks. I don't think that was the --
necessarily the --
Commissioner Carollo: But I think he tried
Commissioner Suarez: Okay.
Commissioner Carollo: I think he --
City of'Miami Page 79 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Suarez: And I appreciate that. From my -- from our perspective, I
think you are our -- the person that -- from the City Commission's perspective, you
are out- financial guider.
Mr. Guba: Mm-hmm.
Commissioner Suarez: Right? They -- they're the Administration; not that -- you
know, its just a separate power structure. So what we're trying to find out is,
whatever decisions are being made for the purposes of -- our purposes -- are they
based on good assumptions, or are they going to come back later, six months from
now, a year from now, two years from now, and say, "Hey, you know, this is just not
going to work"? So that's all; that's all I want to know.
Commissioner Carollo: And by the way -- Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: And by the way, Commissioner Suarez, that's exactly the
reason that I wanted that ordinance; to make sure that we have --
Commissioner Suarez: Right.
Commissioner Carollo: -- our financial guidance --
Commissioner Suarez: But --
Commissioner Carollo: -- involved, and especially in these major -- all these --
Commissioner Suarez: -- he needs to help us. He needs to help us --
Commissioner Carollo: Exactly.
Commissioner Suarez: -- make decisions.
Commissioner Carollo: Because -- Just roughly, Mr. Guba, how many hours did it
take you and your staff to come up with this, roughly?
Mr. Guba: Worked about 80 hours on it; 80 to a hundred, l guess.
Commissioner Carollo: Okay. So for each Commissioner to do this takes quite a bit
of time. So that's why I'm saying, in these major RFPs, we need to have our Auditors
involved.
Chair Hardemon: Is there any other discussion about the item? Seeing none, thank
you very much.
END OF DISCUSSION ITEMS
City oj'Miami Page 80 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PART B: PZ - PLANNING AND ZONING ITEMS)
Chair Hardemon: DI1.
Daniel J. Alfonso (City Manager): Mr. Chairman, Discussion Item I is something
brought forth by Commissioner Suarez. Is the independent auditor here?
Chair Hardemon: Okay. Madam City Attorney, can you read the rules for PZ.2 -- I
mean, for the PZ (Planning & Zoning) agenda?
Mr. Alfonso: PZ agenda. Oh, there's the auditor.
Chair Hardemon: But --
Mr. Alfonso: You want to waitfor the Commissioner? Okay.
Chair Hardemon: We're going to wait for Commissioner Suarez to come before we
handle your item.
Theodore Guba (Independent Auditor): Right. And I have a final report for you to
distribute before that.
Chair Hardemon: I understand. YVhat I'm saying is that we're going to wait -- we're
not going to hear it right now. We'll wait until Commissioner Suarez --until we have
a full Commission, and then we'll call your item.
Mr. Guba: Okay.
Chair Hardemon: Okay?
Mr. Cuba: Yeah, sure, sure.
Chair Hardemon: Thankyou.
!Victoria Mendez (City Attorney): Chairman, 1 will read the instructions for the PZ.
PZ 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 City Attorney
on items on the agenda today. The members of the City Commission shall disclose
any ex parte communications, pursuant to Florida Statute 286.0115 and Section
7.1.4.5 of'the Miami 21 Zoning Code. Any person may be heard by the City
Commission through the Chair for not more than two minutes on any proposition
befbre the City Commission, unless modified by the Chair. #'the proposition is
being continued or rescheduled, the opportunity to be heard may be at such later
date before the Commission takes action on such proposition. The Chairman will
advise the public when the public may have the opportunity to address the City
Commission during the public comment period. When addressing the City
Commission, the member of the public must first state his or her name, his or her
address, and what item will bespoken about. A copy of the agenda item titles will be
available at the City Clerk's Office and at the podium for your ease of reference.
Staff will then briefly present each item to be heard. For applications requiring City
Commission approval, the applicant will then present its application or request to
the City Commission. If the applicant agrees with the staff recommendation, the City
Commission may proceed to its deliberation and decision. The applicant may also
waive the right to an evidentiary hearing on the record. The order ofpresentation
City of'Miami Page 81 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
shall he as setforth in Miami 21 and in the City Code, providing the appellant shall
present first. For appeals, the appellant will present its appeal to the City
Commission, followed by the appellee. Staff will be allowed to make any
recommendation they may have. All persons testiing must be sworn in. The City of
Miami requires that anyone requesting action by the City Commission must disclose
before the hearing anything provided to anyone for agreement to support or
withhold objection to the requested action, pursuant to City Code Section 2-8. Any
documents offered to the City Commissioners that have not been provided seven days
before the meeting as part of the agenda materials will be entered into the record at
the Commission's discretion. Thank you.
Chair Hardemon: Thankyou very much. Mr. City Clerk.
Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Please -- be
speaking on any of today's Planning & 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.
Mr. Hannon: Thank you, Chair
Chair Hardemon: Thank you very much. Ladies and gentlemen, this is our
Planning & Zoning part of our agenda, so the items that we're considering under
this agenda are PZs.I through 23. There may be some continuances; we'll get into
that next. However, you'll have an opportunity today to give public comment. You
can give public comment at the very beginning and also of -- when each item is
presented. So if'you wish to give your public comment during the time in the very
beginning where everyone has an opportunity to speak, you can. And you can also
give your comment when the item is called, simultaneously with the discussion about
the item. So you have the ability to give comments at the beginning, but then also
when. each individual item is called, if you so do wish, okay? Mr. Garcia, is there --
are there any items that need to be withdrawn, continued, or anything of that nature?
Francisco Garcia (Senior Director, Planning & Zoning): There are, sir. Thank you.
The items proposed to be continued are as follows: Item PZ 1 is proposed to be
continued to the meeting ofMarch 23; item PZ2, to the meeting ofApril27. Those
are both Planning & Zoning meetings. Item PZS, also requested to be continued to
the meeting of March 23; item PZ 6 has been withdrawn The appellant has
withdrawn this item, via correspondence; and lastly, items PZ. 15 and PZ. 16, which
are companion items, those are requested to be continued to March 23, also a
Planning & Zoning meeting. That's all I have for now, sir.
Chair Hardemon: Thank you.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Could -- Mr. Garcia, could you go through them once more,
please?
Mr. Garcia: Certainly, sir. PZI -- and would you like me to also read the subject
sites?
Commissioner Carollo: I'm sorry?
City of'Miami Page 82 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Garcia: Would you like me to also read the subject site for the benefit of the
public?
Commissioner Carollo: No. All need is the item and deferred until when.
Mr. Garcia: Certainly. Item PZ. 1, March 23; PZ. 2, April 27; PZ. 5, March 23;
PZ 6, withdrawn; and PZs.15 and 16, March 23.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: On PZ. 1, Mr. Garcia, would you entertain instead of a
deferral to March 23, a deferral to March 9?
Mr. Garcia: Certainly.
Commissioner Carollo: Okay. Thank you. And Mr. Chairman, if I could continue?
Chair Hardemon: Yes.
Commissioner Carollo: I'm going to request a continuance on PZ.17 and 18, and 22
and 23, and all four are within District 3.
Chair Hardemon: Are there --
Vice Chair Russell: 17?
Commissioner Cort: 17.
Chair Hardemon: 17.
Commissioner Carollo: PZ.17 and 18; PZ.22 and 23.
Chair Hardemon: Are there any other items that Commissioners wish to continue or
withdraw? Is there a motion in accordance?
Commissioner Gort: Move it.
Commissioner Carollo: So moved. Second.
Chair Hardemon: Properly moved and seconded. Any further discussion on that
procedural motion? Hearing none, all in. favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes.
PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S)
Chair Hardemon: So at this time, I'll open up the public comment. And just so
everyone is aware, just to tell you whatjust happened, item PZ. PZ2 and PZ. 5,
PZ. 15, 16, 17, 18, 22, and 23 were all continued. PZ. 7 was withdrawn. So at this
time, I'll open up the public comment.
City of'Miami Page 83 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Francisco Garcia (Senior Director/Planning and Zoning): I'm sorry, Mr. Chair;
PZ.6 was withdrawn.
Chair Hardemon: And PZ. 6.
Mr. Garcia: Not PZ. 7; PZ. 6.
Chair Hardemon: 6 and 7.
Mr. Garcia: No, not PZ. 7.
Chair Hardemon: Not --
Mr. Garcia: 7, not withdrawn; 6, withdrawn.
Chair Hardemon: 7 was not withdrawn?
Mr. Garcia: That's correct.
Chair Hardemon: Oh, I thought 7 was withdrawn. I apologize for my misstatement.
6 was withdrawn; 7 was not withdrawn. 7 is on the agenda. Open up the floor for
public comment at this time. Like I said, this is the beginning of public comment,
and then when each item is called, you'll have an opportunity to also speak. You're
recognized,, sir.
Bret Bibeau: Ms. Holmes; lady's first.
Renita Holmes: Thank you. At least you didn'tsay, "Age before beauty." Madam
Holmes, executive director, Our Homes, Business, and Property Services, a founder
of Wave of Women. ]just want to take a minute. And I came down here because I
wanted to make a matter of record to the Clerk. My address is 350 Northwest 4th
Street, District 5. Regarding the Comprehensive Neighborhood Plan; its elements,
guidelines, and statutes, and public participation. I appreciate the extension of
extensive conversation at this point, but we know fora fact, for those of us are
citizens, if there is any pertinent or relevant change that we need that this will not
occur without legal representation and appeal in court, which the average person of
poverty does not have. For the record, I am one of those persons and representing a
class, and I'm very concerned that although we're having this extensive dialogue, or
lack thereof, or postponement thereof now, I don't know what the personal issues
are. Intellectually, I would like to know, would we like to come back to having the
guidelines apply, which was the intent of the statute? They note in --for example,
PZ. 14 talks about the elements, and being provided in increasing residential density,
but when we talk about increasing or renaming or rezoning and planning, there is no
real planning ahead of time for us that are residents now encumbered, abut, and
adjacent to commercial properties, which have some established environmental
issues, which means health and safety issues, which are hardly addressed in the
elements, according to the efficiency and the intent of the statute of 163. So 1 appeal
to you, gentlemen and leaders, that you go back to those basic guidelines and make it
happen. You know, you have the power to just have some minimum standards in the
process, where we don't have to sue, because most of the time, the damage is done. I
appeal to you, some of us are poor, but we're not poor in intellect. Hear us out
before. Have the boards or the -- my boards address these issues of having this
information and data transparent and sunshine available to us, because the litigation
that many have gone through, we don't have to if we have the moral decisions to
address this, because that's what the law was created for. Let's not get caught up in
the rules of this procedure or the rules of this process. My guiding lines of'ethics is
stan -- is fairness and participation, and availability of good information, because
City of'Miami Page 84 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
that's where intelligent decisions come from. And trust me, with the number of items
on here, if it was comprehensive, why am I lacking understanding, or why are we
trying to correct things? Perhaps, we need to go back to basics. I want to thank you
so much fbr at least taking the time, and through the Chair, for deciding to allow us
to participate, and giving me the time to say what I really need to feel like I'm fairly
participating, and I'm paying for things Pm aware of and educated on. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Brett Bibeau: Good afternoon. Brett Bibeau, managing director of the Miami River
Commission, with offices located at 1407 Northwest 7th Street. I'm happy to be
joined today by representatives from the Marine Council and the Miami River
Marine Group, who agree with and concur with the following Miami River
Commission Advisory recommendation. The letter is being distributed from our
chairman, Horacio Stuart -Aguirre, which I will read into the record. "During a
public meeting on November 14, 2016, the Miami River Commission considered a
draft amendment to the Zoning Code which would allow crew quarters in marine
industrial zoning. The Miami River Commission unanimously recommended
approval of the draft Zoning Code amendment to allow crew quarters in Dl, D2, and
D3 zoning, subject to adherence with the following four conditions: Number one,
insert to maximum density. Currently, the draft before you has no maximum density.
And we recommend that density become not to exceed one crew quarter per
permitted boat slip in the marine -operating permit. Number two, requiring that the
warrant as presented to the River Commission to create an advisory,
recommendation for the City Administration's consideration prior to the
Administration issuing a decision on the subject warrant application. Number three,
insert City Planning Director Garcia's suggested word `dormitory, 'quote/unquote,
into the definition of crew quarters. And finally, number four, replacing the words,
`or moored' with the words, `temporarily stored. ' Your time and continued strong
support fbr the Miami River District are appreciated. "
Chair Hardemon: Thank you, sir. You're recognized, sir.
Philip Everingham: Yes. Good afternoon. Phil Everingham, representing the
Marine Council. I'm past president and current director, and I also represent the
Marine Council on the River Commission. And as Brett stated, I'm here just to go on
record that the Marine Council concurs in full with the statement he just made on
behalf of the River Commission. Thank you.
Chair Hardemon: You're recognized, sir.
Mark Bailey: Hello. My name is Mark Bailey, Miami River Marine Group, 3033
Northwest North River Drive. I'm hereto also concur with the work of the Miami
River Commission on this matter with relate -- as it relates to crew quarters and the
needed clarifications and definitions that go along with that. Thank you.
Chair Hardemon: Thank you, sir.
Sabrina Velarde: Good afternoon. My name is Sabrina Velarde. I'm here
representing Miami Homes for All, formerly the Coalition for the Homeless. Our
address is 140 West Flagler, Suite 105, Miami, Florida 33130. Our executive
director, Bobbie 1barra, apologizes for not being able to be here in person to express
her support. We're here in support of PZ (Planning & Zoning) items 19, 20, and 14.
As advocates, we seek to prevent and end homelessness. We believe that creating
and sustaining affordable housing that meets our community's needs will ultimately
achieve that goal. Our community needs mixed -income housing. Our community
needs more measures like items 14, 19, and 20 that incentivize the creation of mixed -
City oj'Miami Page 85 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
income developments and makes them more feasible; in particular; the creation of
extremely low-income housing that -- and measures that make the development of
extremely low-income housing more feasible for developers. As such, we urge this
Commission to support measures like items 14, 19, and 20, but also continue to put
forth measures like today's so that we can continue to meet the entire continuum of
housing needs. Thankyou.
Chair Hardemon: Thankyou, ma'am. You're recognized' ma'am.
Carmen Iglesias (as translated by Alfredo Varela, official Spanish interpreter):
Good afternoon. My name is Carmen. Iglesias.
Alfredo Varela: Do you want her address again?
Ms. Iglesias (As translated by Alfredo Varela, official Spanish interpreter): 2615
Southwest 14th Street, 33145. We're here against the changing of the zoning on
2610 and 2611 of Southwest 15 Street, which is PZB. Our neighborhood is having
issues. We're worried because of our security and because of our quiet area. Our
community has always been a community of elderly people. And the people that
weren't able to come here have f lled out a form for a motion. We'd like for them not
to change the zoning; for it to continue to be a single-family zoning. We already met
with Mr. Suarez, the Commissioner, to explain everything. I don't know whether he's
here, but he knows more about the case, and we all met with him in the area.
Chair Hardemon: Thankyou.
Ms. Iglesias (as translated by Alfredo Varela, ocial Spanish interpreter): That's
our position. Thankyou.
Chair Hardemon: You can give that to the Clerk. Is there anyone else that would
like to speak in the beginning part of the PZ items? You're recognized, ma'am.
Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th
Street. As a Community Relation Board vice chair, we work with homeless really,
really seriously about the issues that we have. Affordable housing, it would be a
good start for homeless population, but can we consider speaking with the Homeless
Trust, as well, to provide to them a full permanent job in trying to be able for them to
actually qualify for those programs that the Homeless Trust has? Because the
biggest issues that we have in this moment is that when they are in the shelters, they
are being provided with part-time job. In order for them to qualify to be moved to a
more permanent position in a housing, they need a permanent job. So something
that we've been working is with Mr. Book is in reference of finding a way for them to
provide them with a better job fairs, or maybe the Citv when -- which you guys do
most very often, not as ofen as -- which -- but you guys do have job fairs. If
anywhere that we can try to work more with affordable housing, it will really -- will
make a difference. A lot of our neighborhood, Overtown, Little Havana, it been
increasing in numbers of homeless. And unfortunately, I heard that the beds --
they're paid by the City -- are going to be reduced. I guess it's a budget, but we
would like to see if affordable housing will be able to be more productive on getting
the homeless out of the street. Thankyou.
Chair Hardemon: Thankyou. Is there anyone else? All right, seeing none, I'd like
to call item PZ.3.
City of'Miami Page 86 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.1 ORDINANCE Second Reading
1049 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning CLASSIFICATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244
SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4 -L, "GENERAL
URBAN TRANSECT ZONE - LIMITED", TO T5-0, "URBAN CENTER
TRANSECT ZONE - OPEN"; ACCEPTING THE VOLUNTARY
PROFFER OF A RESTRICTIVE COVENANT RUNNING WITH THE
LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record: Item PZ.1 was deferred to the March 9, 2017 Regular
Commission Meeting.
Note for the Record. For minutes referencing item PZ.I, please see "Part B: PZ -
Planning and Zoning Item(s)."
City of'Miami Page 87 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.2
ORDINANCE Second Reading
1220
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI
Planning and
DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING
Zoning
AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING
THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF
REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE DDA;
AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER;
APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND
APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE
INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS
"EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL,
INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE;
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF
THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE
CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT
ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo
ABSENT: Suarez
Note for the Record: Item PZ.2 was deferred to the April 27, 2017 Planning and
Zoning Commission Meeting.
Nate for the Record: For minutes referencing item PZ.2, please see "Part B: PZ -
Planning and Zoning Item(s)."
City of'Miami Page 88 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.3 ORDINANCE First Reading
1233 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1,
Zoning SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW
QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED
"SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading with Modification(s)
RESULT:
PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For additional minutes referencing item PZ.3, please see
"Public Comment Period.for Planning and Zoning Item(s). "
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item PZ.3
is a proposed amendment to the Zoning Ordinance, introducing a new use to be
known as "Crew Quarters. " And in light of the comments recently, made by Mr.
Bibeau, on behalf of the Miami River Commission, others as well, other stakeholders
in the area, 1 think I should present it in the following manner: This amendment was
drafted when one of the larger marinas along the river presented a proposal to
develop a high-end marina to provide full services, and also considered that they
may do well to provide very temporary accommodations to the crews of these
vessels, which sometimes can be a significant number of crew members, so that while
the vessel was being serviced or, especially, if it was being serviced in an emergency,
the crews can be properly accommodated for a very short period of time. And so, we
did some research and drafted this amendment based on what we saw as best
practices nationwide. We understand, and actually share the concern of the River
Commission, to the extent that this should in no way, whatsoever, become a lodging
use, so nothing like a hotel or a bed and breakfast, because it can't; and certainly,
not a residential use. I'll remind everyone that the industrial district, D3, where this
is intended to be placed, has zero density. It cannot have any density at all, which is
why we've consistently made the distinction between this use and any residential use
for lodging use. It's simply temporary crew quarters to accommodate crews. We've
given it our best. We acknowledge and again share the reservations and concerns
that the Miami River Commission has. If this is worth a chance -- because,
apparently, there is some interest along the river of developing these uses -- I think
this is a good way to do it and a safe way to do it. It, of course, requires a warrant.
It, of course, has to undergo administrative review. And I've extended the invitation
to the stakeholders along the river to provide additional information, if they know of
a better way to do it. And I have also said, quite frankly, that given the fact that that
particular proposal since went away, and I know of no others coming in any time
soon, we're certainly in no hurry to have it passed today. There is no urgency,
whatsoever. Having said that, I leave it for your consideration. Our
recommendation is to approve it and to give it a chance, for fear of losing potential
uses that may come, but if the concerns outweigh the benefits, then we're happy to
postpone it indefinitely, too.
Vice Chair Russell: Mr. Chairman.
City of'Miami Page 89 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: You're recognized, Vice Chairman.
Vice Chair Russell: Thank you. Mr. Garcia, just a couple questions to clam. Did
you mention that you only intended this legislation for D3 only?
Mr. Garcia: That is correct.
Vice Chair Russell: Because it seems, as it's worded, it's applying to Dl, D2, and
D3. And the letter from the River Commission said they're in favor of a unanimous
approval, recommending approval for DI, D2, and D3. Is there a misunderstanding
between. MRC (Miami River Commission) and -- or is there just a disagreement?
Mr. Garcia: No, there isn't. And thank you for pointing that out. So the only -- by
virtue of the fact that the only industrial designation along the river is D3, we would
anticipate that crew quarters would only happen there, since they have to be
associated with a marine -related use. So, although, it may appear in zoning
designations DI, D2, and D3 -- and I emphasize, "zoning designations DI, D2 and
D3; not Commission districts, Dl, D2, and D3, " right? In essence, it would only be
applicable by virtue of the existence of marine -related uses only in D3. That's my
understanding.
Vice Chair Russell: But it does say in the "whereas" that all the district transect
zones allow marinas and marine -related industrial establishments by right.
Mr. Garcia: Right.
Vice Chair Russell: So does this, as its written, preclude a non-watcrfront
industrial marine lot from having a crew quarter?
Mr. Garcia: If a DI or D2 district were to be placed along a body of water•, then
they would be eligible; I just know of none.
Vice Chair Russell: But that -- I guess that's my question. As written, does it state
clearly that the crew quarters can only happen when this takes place by a body of
water?
Mr. Garcia: Right, as accessory to marine -related uses. That's correct.
Vice Chair Russell: Can you point to that? I'm not challenging you Mr. Garcia; I'm
just trying to find anywhere that this could potentially be abused if it's not explicitly
clear within the ordinance.
Mr. Garcia: No. Your question is well received, and this is a good opportunity for
me to look at it again. That was certainly the -- what I've described to you was
certainly the intent, but you are correct in pointing out that there is no specific
reference to those restrictions, so by default, it might be available in other district --
Oh, so here it is. The very definition of crew quarters reads as follows:
Accommodations designed and outfitted to accommodate, on a non permanent
basis, the crew of vessels being serviced or moored at established marinas or
marine -related industrial establishments allowed in an incidental capacity on the
same property where the primary use, which they support, is established. "
Vice Chair Russell: Thank you.
Mr. Garcia: And so, the way I read that, it basically limits it to --
City of'Miami Page 90 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: You're right.
Mr. Garcia: -- marine -related -- or marinas that are on --
Commissioner Gort: Mr. Chairman.
Mr. Garcia: -- or fronting water bodies.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Francisco, if I recall., I brought this to you about two years
ago, when we had some people on the river in District 1, that they want to develop
that same -- What's taking place right now is a lot of the mega yachts repair that was
gone from the City of Miami, is coming back to the City of Miami. We can see the
new marinas coming up into the area, and that was a requirement, because those
yacht -- mega yacht, they come out with a crew, and thev need to put the crews
someplace, and that's why -- the idea I came up. And so, I hope it's not only in
District 3, but --
Mr. Garcia: Right. And so I emphasize again, D3 happens to be a zoning
designation; it has nothing to do with Commission District 3, I assure you.
Vice Chair Russell: Mr. Garcia.
Chair Hardemon: Let --
Vice Chair Russell: I'm sorry.
Chair Hardemon: -- Commissioner Gort follow up.
Vice Chair Russell: Oh, I didn't realize you were --
Commissioner Gort: I move it.
Chair Hardemon: You move it. Then 1 want to give Commissioner Carollo an
opportunity.
Commissioner Carollo: Second. Discussion.
Chair Hardemon: Oh, that was a motion and a second? Okay. Do you have
something you want to add, Mr. Brett ?
Mr. Bret: Very briefly, please.
Chair Hardemon: Sure.
Mr. Bibeau: Thank you. Honorable Commissioners, Brett Bibeau, managing
director of Miami River Commission, with offices located at 1407 Northwest 7rh
Street. Commissioner Russell, you're absolutely right; we do recommend approval
of the item, but do I think it's important to clarify for the record that we only
recommend approval of the item if the item is amended via the four conditions. So
right now the item has no maximum density. I can't think of one category in the
Code that doesn't state a maximum density. If you're T6, T5, T4, T3, there's a
maximum number; that we're not even going to consider your application if it
exceeds this maximum number. Right now there's no maximum number at all, so
we're respectfully recommending a maximum number be inserted, and then connect
that maximum number to the number of slips at the facility. If the facility only has 10
City of'Miami Page 91 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
slips, why would we allow a hundred passenger crew quarter cabins? If it has -- so
we're recommending a formula of one crew quarter per boat slip. Now, rf that
formula should be changed, I would respect that, but to leave it just with no density
at all is a concern. And secondly, that because this is a warrant, to put in the Code a
requirement that the warrant must be considered by the advisory Miami River
Commission before its, granted or denied, because we don't want to find our self
[sic] in a position where something's been issued or otherwise, and now we're
having to think about an appeal. We would rather just give our opinion in advance,
and then let the cards lay where they may, and move on to the next day and next
item.
Vice Chair Russell: Of course.
Commissioner Carollo: Mr. Chairman. Thank you, Mr. Chair. I actually agree
with Mr. Bibeau in what he stated. I -- except for -- I'm not sure if I agree with one
slip -- one crew member for one slip. I think, depending how big the slip or how big
the boat is, they might have more than one crew member. However, I do agree with
the rest of what you said. I'm not sure exactly what will be the maximum density,-
Mr.
ensity;Mr. Garcia, I will yield to you, but I'm going to make the friendly amendments that
are here, but not yet. I want to make sure that we, you know, can discuss it some
more to see what would be the right density, what would be the right amount of
crews per slip, and so forth.
Chair Hardemon: You're recognized, Vice Chairman.
Vice Chair Russell: Thank you, Mr. Chairman. I was just going to ask in that same
line if Mr. Garcia could address the four requested amendments, why they, might or
might not apply.
Mr. Garcia: Thank you for the opportunity. So the short answer to the density
question is that the density in all these districts where this would be available is
actually zero. The reason the density is zero is there can be no lodging or residential
units, and what I've presented to you is that these would not be residential units. We
were describing them in a deliberately, vague manner as "accommodations." Right?
And so, in the end, what I would ask is for some leeway to get around the tricky,
language that we'd have to create if we're going assize numbers to number --
numbers of accommodations to numbers of slips, because those can be --
accommodations can be designed in any of many ways. 1 would like to maybe ask
for more leeway in that particular regard, and maybe compensate for that by
certainly requiring that a referral be made to the Miami River Commission to ensure
that the review and scrutiny provided by the Planning & Zoning Department can be
double checked or rectified, or enhanced by the Miami River Commission. That's
certainly appropriate, because they are the -- duly the experts on the subject matter.
So what I would present to you is that, with some leeway on item 1, and with
certainly an acceptance of item 2, requiring the warrant to be presented to the
Miami River Commission, l would take issue with item 3, simply because a dormitory
is an already defined use in the Zoning Ordinance, and it is available -- it is assigned
a density, and we would want to steer clear of that, so I think we've dispensed with
that if we've dispensed with 1. And as far as number 4, certainly, the word
"moored, " with the words "temporarily stored" are perfectly acceptable. And I
would also add -- and it isn't here. Maybe it is implicit, but just for the sake of
clarity -- a fifth condition, which was actually the one that the Planning, Zoning &
Appeals Board attached to their recommendation of approval, which was
unanimous, and that is that all references to 'passengers" be removed, because this
is not intended for passengers of those vessels; only for the crew of the vessels, and
hopefully those amendments would be acceptable to the Miami River Commission
and other stakeholders.
City oj'Miami Page 92 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mark Bailey: Mark Bailey, Miami River Marine Group. With regard to the density
matter, it was considered that, typically, with a mega yacht client, they, would leave
one staff one engineer, one person there on site, potentially. The majority of the
crew goes -- they send them home, if it's a lengthy refit or a lengthy repair, so that
was the rationale behind why the one-to-one for the crew quarter density matter.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Yes, sir.
Vice Chair Russell: Mr. Garcia, is there any reasonn we wouldn't want to create
some sort of limit to the number of crew quarter, whatever you'd want to call it, to
keep it out of a density conversation, but leaving it openn ended could leave room for
abuse, could it not?
Mr. Garcia: The solution to that, that occurs to me, especially in light of Mr.
Bailey's recent remark, is that if we were to establish a maximum of accommodations
and leave that fairly vague, accommodations for no more than one crew member per
vessel, that might do the trick, because, clearly, what we would look for then in our
review is that the accommodations, whatever they may be or whatever shape they
may take, are not so large that they would invite many more crew members to stay,
or more than one, for that matter.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Yes, sir.
Commissioner Gort: I think that they really -- this is something they've been fighting
for a long time. They don't want to see it -- anymore residential, which I don't want
to see it, either. We approved a settlement with the State and with you all about four
years ago, or three years ago, where we didn't want any more residential. We want
to make sure it's marine use. The people that I've talked to, like Merrill Stevens,
right now they're going to have a space for about eight mega yachts. Those mega
yachts are going to bring a lot of the crew there. 1 don't know if they don't want to
do that or not, but I think it'll be good for the community to do so, and 1 think having
only one person -- Those mega yachts, let me tell you, the -- they have a crews of'
about at least three or four or five, and sometimes they might need more than one, so
I wouldn't want to see it limited to just one. I think you can limit the -- as a
temporary state, which is very important. It's not a permanent state; it's a temporary
state, and it should be per size of the mega yacht. I mean, the small boats don't need
that. You only need itfor the big ones.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: So I'm going to make a friendly amendment to include
recommendation 2 from the Miami River Commission letter that was handed. So an
amendment for number 2, an amendment for number 4; and amendment of no
passengers that Mr. Garcia mentioned, and then. I'd like to make an amendment as
how many crew membersper slip, but I yield to Commissioner Gort with that, since
he just expressed some reservations, which I actually did at the beginning too, but, at
least, the other amendments, I think we have consensus on.
Chair Hardemon: Commissioner Gort.
City of'Miami Page 93 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Cort: I don't want to see it to one. I think you can --first of all, the
word "temporary" needs to be there, and then you can put an amount of day they can
stay. The industry can tell you how long it takes to work on a yacht and do whatever
repair they have to do. They can tell you how long they can stay there. They're
afraid to create permanent residential area, which I'm -- I don't want to see that,
either. I would not want to see that. But the mega yacht marinas are going up again
in the river. That used to be a foundation about 30 years ago. They left Miami
because of some of the regulations that we put into it. They went to Broward. Now
they're beginning to come back to Miami, because Miami's the place to do it, and 1
think we should facilitate the ability, because they create a lot of jobs, and high -
paying jobs, which is so important for our community.
Chair Hardemon: Are there any other comments from the dais? Any discussion?
We don't have a motion just yet, right? We do have a motion?
Commissioner Gort: Yes, we do.
Chair Hardemon: So the motion then has -- the motion has the friendly amendments
included, if there's no objection to it. And I'll ask, anyone from the public that'd like
to make a comment about this item, please come forward now. You'ie recognized,
sir.
Miguel Soliman: Thank you, Mr. Chairman. Miguel Soliman, 1436 Southwest 6th
Street. I just -- a comment -- an idea came to mind. Perhaps,, with the amount of
people that can stay, you could use something like evefy 20 foot of yacht -- linear
foot of yacht would allow one person; and then, if you got a 40 footer; you got two
people; if you got a 60 footer, you got three people. I don't know; just a suggestion.
Commissioner Cort: 20 -footer doesn't need one.
Mr. Soliman: Well --
Commissioner Gort: You're talking about a hundred.foot. You're talking about a
hundred foot mega yacht.
Mr. Soliman: Yeah.
Commissioner Gort: You're not talking about 21 (UNINTELLIGIBLE).
Mr. Soliman: What I mean, Commissioner, it would take you -- if it's a hundred feet,
then you would have five people that could stay. I don't know. It could be 25 footer;
30 footer, every 30 feet. Its just a suggestion. Thank you.
Commissioner Gort: Thankyou.
Chair Hardemon: Thank you. You're recognized, sir.
Mr. Bibeau: I appreciate the opportunity. The last time, I promise. To build on
that, if the idea is -- if the Commissioner mentions that the 20 -footer doesn't need
one, maybe we put that in the ordinance --
Commissioner Gort: Of course.
Mr. Bibeau: -- that this is for boats greater than whatever size that is. And one.final
thought is, the quarters in the mega yachts that these crews have are probably nicer
than this dormitory-esque crew quarter would be on the land. So, even if they do
have five crew members on the mega yacht that we certainly do want to attract
City oj'Miami Page 94 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
because of the jobs, et cetera, chances are, even if there were five rooms on the land,
they'd probably pick their quarters on the multi -million -dollar mega yacht instead;
Just a thought.
Commissioner Gort: 1 imagine, you spend a lot of times in those quarters in the
yachts?
Mr. Bibeau: They're small, but they're nice.
Commissioner Gort: Okay. Thank you.
Mr. Bibeau: And I think the ones on the land are going to be small, too.
Chair Hardemon: Is there anyone else from the public? Seeing none, is there any
further discussion? Hearing none, Madam City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Victoria Mendez (City Attorney): As amended.
Commissioner Gort: As amended, right?
Todd B. Hannon (City, Clerk): Yes, sir.
Chair Hardemon: Yes.
Mr. Hannon: Roll call on item PZ.3. Vice Chairman Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes, as amended.
Mr. Hannon: Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: For.
Mr. Hannon: The ordinance passes on first reading, as amended, 4-0.
Commissioner Gort: For second reading, you guys can come and give some more
input.
Mr. Bibeau: Thank you, sir. Appreciate it.
City of'Miami Page 95 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.4
ORDINANCE First Reading
1131
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and
OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6,
"SUPPLEMENTAL
Zoning
TABLE 13, ENTITLED REGULATIONS", TO ALLOW
ABSENT:
A DISTANCE SEPARATION REQUIREMENT FOR PUBLIC STORAGE
FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Frank Carollo, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardemon: PZ.4.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. ItemPZ.4
is before you on first reading. This also is an amendment to Miami 21, the Zoning
Ordinance, to put in place a distancing requirement for public storage facilities to be
a minimum of 2,500 feet, and that would be measured in a linear fashion, as the
crow flies. It has been recommended for approval by the Planning & Zoning
Department, as well as the Planning, Zoning & Appeals Board, by a vote of 9-0. I'm
happy to answer any questions you may have.
Commissioner Carollo: Move it.
Vice Chair Russell: I'll second for discussion.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that'd like to discuss this item, item PZ.4? Seeing none, discussion. You're
recognized.
Vice Chair Russell: Thank you, Mr. Chairman. Mr. Garcia, we had spoken briefly
about this before. I understand the intent of the legislation. Obviously, we don't
want an amassing of large windowless structures that reduce activity and the ability
to develop a neighborhood appropriately. Are there ways that we could create an
exception process that someone could break this 25 foot -- 2,500 foot radius if they
include design standards, mixed use, perhaps.first floor retail, or whatever, activity,
even housing could be, that they could still run this type of business in more
proximity, but as long as it doesn't obviously look like this business and create the
inactivity? Is there something like that we could amend this with?
Mr. Garcia: Thank you, sir. You did share that idea with us in briefings, and as you
know, it was very well received. "at I would like to propose, I would like to give
that careful thought and look into that matter, and create legislation that would
address that. And the intent, if I've understood it clearly, is that if the facility were
to be buffered or massed in a manner that it contains habitable uses around it and
doesn't have the same detrimental effect that the accumulation of storage facilities
presently have, then those, through an exception process, could be exempt from the
distancing requirement.
City of'Miami Page 96 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: Correct.
Mr. Garcia: I think that is entirely appropriate, and I'd certainly welcome the
opportunity to work on legislation towards that end.
Vice Chair Russell: The idea would be that if -- there's your standard storage unit
company that isn't interested in any of those other amenities or the extra costs
involved with it; they're going to be limited to this 2,500. But if someone is willing to
get creative and do mixed use, we might be able to make an exception. Thankyou.
Mr. Garcia: Thank you.
Vice Chair Russell: Is that an amendment we could add for second reading, or is
that something you want to work on between now and then?
Mr. Garcia: I'm certainly happy to try to work that into before second reading.
Vice Chair Russell: Okay.
Mr. Garcia: And if it works seamlessly, fantastic; otherwise, I'm certainly happy to
make it a separate ordinance for your consideration.
Vice Chair Russell: Fine. I'll --
Commissioner Gort: Be a good mixed use.
Vice Chair Russell: Well, there is one that's --
Commissioner Cort: (UNINTELLIGIBLE).
Vice Chair Russell: -- on the river that has a restaurant onn top; even has a storage
unit, so.
Commissioner Gort: Right.
Chair Hardemon: Is there any other discussion? Madam City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (Ci(y Clerk): Roll call on item PZ.4.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
City of'Miami Page 97 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.5
ORDINANCE
First Reading
1232 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6,
Zoning ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS";
ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. Item PZ.5 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record: For minutes referencing item PZ.5, please see "Public
Comment Period for Regular Item(s)" and "Part B: PZ - Planning and Zoning
Item (s). "
PZ.6
RESOLUTION
1411
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
GRANTING/DENYING THE APPEAL FILED BY DR. JOHN SNYDER
Department of
AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI
Planning and
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
Zoning
APPROVAL, WITH CONDITIONS, OF FIVE (5) WAIVERS FOR THE
PROPERTY LOCATED AT 3701 PARK AVENUE, MIAMI, FLORIDA.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Nate far the Record: For minutes referencing item PZ.6, please see "Order of the
Day. "
Note for the Record. For additional minutes referencing item PZ.6, please see
"Part B: PZ - Planning and Zoning Item (s). "
City of'Miami Page 98 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.7
RESOLUTION
1740
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING A MAJOR USE SPECIAL PERMIT
Planning and
PURSUANT TO APPENDIX C, SECTION 627.1.3 OF THE MIAMI 21
Zoning
CODE AND ARTICLES 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE MIDTOWN 6 PROJECT, TO BE
LOCATED AT APPROXIMATELY 3101 NORTHEAST 1 AVENUE,
MIAMI, FLORIDA TO CONSTRUCT A MIXED-USE BUILDING TO BE
COMPRISED OF FOUR HUNDRED FORTY SEVEN (447) DWELLING
UNITS, WITH TWO (2) SUBORDINATE CLASS II PERMITS
PURSUANT TO APPENDIX C, SECTION 627.1.17(3) OF THE MIAMI
21 CODE TO PROVIDE TANDEM LOADING BERTHS AND TO ALLOW
FOR THE MANEUVERING OF TRUCKS WITHIN THE PUBLIC RIGHT-
OF-WAY, AND PLANNING DIRECTOR'S APPROVAL FOR UP TO A
TEN PERCENT (10%) HEIGHT INCREASE PURSUANT TO
APPENDIX C, SECTION 627.1.6(4)(B) OF THE MIAMI 21 CODE; AND
FOR A CLASS II PERMIT FOR THE MIDTOWN 7 PROJECT, TO BE
LOCATED AT 3001 NORTHEAST 1 AVENUE, MIAMI, FLORIDA TO
CONSTRUCT A NEW PROJECT WITHIN SD -27.1, AND FOR TWO (2)
ADDITIONAL CLASS II PERMITS PURSUANT TO APPENDIX C,
SECTION 627.1.17(3) OF THE MIAMI 21 CODE TO PROVIDE
TANDEM LOADING BERTHS AND TO ALLOW FOR THE
MANEUVERING OF TRUCKS WITHIN THE PUBLIC RIGHT-OF-WAY,
AND PLANNING DIRECTOR'S APPROVAL FOR UP TO A TEN
PERCENT (10%) HEIGHT INCREASE PURSUANT TO APPENDIX C,
SECTION 627.1.6(4)(B) OF THE MIAMI 21 CODE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: R-17-0090
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: PZ. 7.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item PZ 7
is before you as a resolution. This is to approve a major use special permit for
development of two projects in Midtown, known as Midtown 6 and 7. It subsumes a
number of class two special permits, and they're always in the Midtown District.
They were recommended for approval by your Planning & Zoning Department, as
well as the Planning, Zoning & Appeals Board, unanimously. I know the applicant
is here to present it. I'm happy to respond to any questions you may have.
Chair Hardemon: May I have the applicant, please?
Edward Martos: Good afternoon. Thank you for the opportunity, and thank you,
Francisco, for the introduction. For the record, my name is Edward Martos, with
offices at 2525 Ponce de Leon Boulevard. The staff recommendation is for approval,
with some conditions. We agree with the recommendations -- or rather, the
conditions. And I'm joined today by our architectural team and owners'
City of'Miami Page 99 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
representatives who have flown in from Chicago. If you'd like, if it's the will of the
Commission -- and I think the district Commissioner may appreciate this -- we're
ready to do a full presentation; if not, we'll -- okay. We'll go through the full
presentation. The reason we're here today is really about the fulfillment of the
promise about Midtown. As you may recall, a special district was created, SD -27,
for Midtown before Miami 21 was ever created, and it incorporated a lot of the ideas
that were ultimately brought into Miami 21, sort of like a predecessor to Miami 21,
and it contemplated a certain amount of -- a development master plan, highways; it
set up the infrastructure, if you will, for those units. The hope was to revitalize the
neighborhood that really needed revitalization, a former train yard, and were seeing
that hope realized. That's what were tying to fulfill. 6 and 7 together have -- the
Midtown 6 and 7 buildings together have a total of 838 units. One of the buildings,
6, has 447 residential units; 7 has 391. And frankly, the reason why we're here
today and not having this application processed administratively is because that one
building, number 6, goes over 400 units. That triggers a requirement for a MUSP
(Major Use Special Permit). Now, frankly, MUSPs are something of a dying breed.
They only exist in Midtown. Miami 21 has done away with them. And so, being a
young attorney, I haven't had a lot of opportunity to go through the MUSP process.
I've gone through it now, and I can tell you, it's a stunning amount of analysis that's
gone into it. It's something that you wouldn't see, for example, for an exception
application that you might be more familiar with under Miami 21. This is the MUSP
binder. You have copies in front of it -- front -- for you. And it includes
environmental analyses, it includes economic analyses, it includes a minority hiring
plan; requirements that you don't find anywhere else. We are committed to every
single one of those. We are very happy to have a tra,fic suciency letter from the
City's Capital Improvements Department. We're also happy to be contributing to the
economic process, to adding jobs, adding to the tax base. I will allow my architect --
project architect, Grace Ames, to walk through the actual project, but what I want to
emphasize to you are the additional waivers that Francisco highlighted. I mentioned
already we're here before you because of the 400 and -- over 400 units on one
building. The second building could be approved administratively, but we decided to
present it to you, because thev really -- they interact quite a bit, and so that's one
other item before you. The second item before you is a request for a waiver of -- to
allow tandem loading at the loading berths. And secondly, to allow the loading
vehicles to maneuver -- to use the right-of-way as part oj'their maneuvering. Now,
we think this works; and staff in their report, agrees that it works, because we've
located all of the loading areas along the FEC (Florida East Coast) railroad tracks,
so it's -- you know, it's pushed off to the rear of the property, and it's an area where
there isn't a lot of activity. It's right next to the railroad tracks, clearly. And then
finally, the other request, which is usually done administratively, is a request for a
10 percent increase in height. Typically, that's a director's determination, and what
10 percent translates here is to 25 feet. We could get 30 feet, but we're really just
asking for the 25 feet of additional height. And with that, I'll let -- I'll play Vanna
White, Grace, and -- okay, got it.
Grace Ames: Should be showing up. Do you guys have this on your screens?
Commissioner Carollo: No.
Chair Hardemon: Not yet. IT (Information Technology), can you load her
presentation to our computer screens, into the --
Ms. Ames: Here we go.
Chair Hardemon: --to the monitor?
City of'Miami Page 100 Printed on 4/10/2017
City Commission Meeting Minutes February 23, 2017
Ms. Ames: All right. Hello. My name is Grace Ames. I have the opportunity to kind
of present the Midtown 6 and 7 projects to you. They're located in Midtown Miami.
We've been doing a lot of research on what exact --
Commissioner Gort: Get the mike closer to you.
Ms. Ames: Sorry. Yes.
Commissioner Gort: Thankyou.
Ms. Ames: So we've been doing a lot of research, as the architects on what Midtown.
means in the broader sense of Miami. Inn its location, you can see we've -- where
we're located, with views out to the bay; also looking at view corridors that are
created by this location, and then also looking at the buildings in the area, the scale,
the massing. What's very important to us is the pedestrian friendliness that's been
created in Midtown. We wanted to look at where podiums are and where towers are.
This is another massing study. You can see our buildings as compared to the
buildings around it. This is a very important --
Chair Hardemon: IT, can you have the screens in front of the Commissioners
display the items?
Ms. Ames: I --
Chair Hardemon: One second. One second.
Commissioner Gort: IT.
Ms. Ames: I can, for the moment, while they're -- while you're waiting, I can for the
moment -- the diagram that's currently --
Chair Hardemon: It's all good now.
Ms. Ames: It's all good now.
Chair Hardemon: Yes, its, all good now.
Ms. Ames: Okay, good. This is on the -- this image is on the board. But we -- what
we felt was really important is creating a context map of ' what is happening in
Miami, especially on the first floor; the ground floor plane of all the buildings in the
area. So what's very important in Midtown is the retail. There's a lot of shops, a lot
of restaurants happening along Midtown Ave., and then throughout Midtown on the
first floor. So what we've done is also worked to replicate that to keep that vibrancy
going, and so on our first floor, as well, we have predominant retail spaces,
including an area for a grocery store in Midtown 6, and then as you -- also the
residential lobbyists are located off of Midtown, because that is really the bustling
street. Then we also wrap around on Midtown 6 and 7 on 32nd. We have a pedes --
on 32nd we have retail, we have a pedestrian news with retail, and then also on 30th
we have retail. As noted, the loading docks are off of East Coast Avenue. Loading
doers and parking entries are off of East Coast Avenue, and that is kind of following
suit with the Midtown 2, Midtown 4, with the buildings already existing and
functioning in Midtown. With that, we've done a lot of looking at the site, both into
the site and out of the site. But now I'm going to just take you through the buildings
themselves. So these are renderings that -- these are renderings we've been working
on, and so this one is of Midtown 6. It's on Midtown Avenue, looking at the
southwest corner. You can see that we've done a lot of play with the massing on the
podium so that it relates to the pedestrians as they walk by, and we have liner units
City of'Miami Page 101 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
on levels two and four. This goes around the building. The next view is of the
grocer and tree, which is a major re -- what we're hoping to be a major grocer
retail, and it has its own entry. This is -- as you go around the building, this is along
East Coast Avenue, and then this, you can start to see the two buildings working
together. So Midtown 6 and Midtown 7 both are the same height. The podiums play
off each other. They're about the same scale and same massing of adjacent
buildings. And this is -- again, on East Coast, you start to get that view down into
the manse, the pedestrian muse that we're really hoping -- that is designed for retail
shops and cafes. And then this is a view into the muse, so you can start to see your
level one is retail, levels two and four being residential. With that, this is kind of a
site plan of the two site -- two buildings. You can see the amount of retail. That
northwest corner retail is where we're looking to have a grocer, and then the other
spaces are for retails, cafes. And then you can see the pedestrian muse is all
landscaped, and we're looking at either a water feature or public art at the center.
As you go up the building, we have liner units, and then we have an amenity deck,
and then it's apartment building, so it's residential. We have 447 units in Midtown 6,
and 391 units in Midtown 7. With that, I will just kind of -- This is another study
that we did of elevations ofmassing, and looking at our building with respect to the
adjacent buildings, so this is a lineup of Midtown 4, 5, 6, 7, and 8, which is currently
under construction. So we've done a lot of research on Midtown. We've really
worked to make stare that we're putting in buildings that add to the life and vibrancy
that already exists there. We're currently doing Midtown 5, and so I've come to
really love the area. So we're really working to make sure that we have buildings
that play off of the vibrancy that is currently there and also off of the pedestrian
friendliness of it.
Mr. Martos: Thank you, Grace. And with that, I'd like to note that we have, again,
owner's representatives for any material questions. We also have transportation
consultant available for any questions you might have, and I'll reserve any time_for
rebuttal available tome. Thank you.
Chair Hardemon: Thank you very much. We only have an applicant. Is there any
presentation that the City wants to make, or are you fine with what you've put on the
record already?
Mr. Garcia: We have had the opportunity to thoroughly review the proposal, and
our recommendation stands, and there -- from what I understand from the
applicants, they will abide by the conditions we've placed.
Mr. Martos: Correct.
Chair Hardemon: Is there anyone from the public that'd like to speak about PZ. 7?
All right. Is there any discussion from the board members, or motions?
Vice Chair Russell.- I'll move it.
Chair Hardemon: Been properly moved by the Vice Chairman.
Commissioner Gort: Second.
Chair Hardemon: Seconded by Commissioner Gort.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
City oj'Miami Page 102 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Thank you, Mr. Chairman. I have a few questions. First of
all, both buildings look very nice; the very appealing to the eye. So I -- you
know, I commend you on the design.
Mr. Martos: Thank you.
Commissioner Carollo: Is this all going to be market rate?
Mr. Martos: Yes; market rate rental, which I think is an important feature.
Commissioner Carollo: So you will have no of housing; you will have no
workforce housing?
Mr. Martos: No.
Commissioner Carollo: Okay. Speak to me with regards to the tandem.
Mr. Martos: The idea of the tandem loading is simply to allow a loading vehicle to
be double stacked; essentially, double-parked within the loading berth. It wouldn't
be outside of the loading berth.
Commissioner Carollo: Within a certain amount -- a certain period or any time?
Because we had --
Mr. Martos: As long as they're inside the loading berth. It wouldn't -- it would
never be a situation where they're outside of the loading berth,, and the loading
berths are entirely internal to theproperty.
Vice Chair Russell: Yes.
Ms. Ames: So just to state, the benefit of the loading berth being set up in this
manner is that it actually reduces -- on a streetscape and on a sidewalk, you always
want to limit the amount of curb cut that you do there, so by doing the tandem
loading berth, we've reduced the amount of curb cut, keeping it more pedestrian
friendly, so it's really trying to maintain a tighter curb cut. In that way, your
pedestrians can walk much more easily.
Commissioner Carollo: Understood. And the right -- using the right-of-way to
deliver, could you explain that a little bit? Only because even today, we had some
discussion about when deliveries should happen or not, so I want to know with
regards to using the right-of-way.
Mr. Martos: The use of the right-of-way is simply to allow -- it basically allows us to
locate the loading berths where they're located, along the FEC (Florida East Coast)
railway. In order to have enough space within the building to -- and to use that
narrow road, we need that additional maneuverability, and it just gives us that extra
flexibility. It really makes it possible to put loading on a rear area where there are -
- there isn't much commercial activity, and there isn't, frankly, any residential
activity going on, either.
Commissioner Carollo: So there's no pedestrian traffic?
Mr. Martos: There's some pedestrian traffic, joggers and the like, but not much.
Frankly, because there's not a lot of retail out there, there's not a lot of things to do,
other than see the train tracks or walkyour dog.
Commissioner Carollo: I see you're also requesting a 10 percent increase, correct?
City oj'Miami Page 103 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos.: Yes.
Commissioner Carollo: In exchange for the 10 percent increase, is there anything
that --public benefits or anything that you are --?
Mr. Martos: The public benefits are really outlined in the fact that this is a may
use special permit, and so, we have to have minority hiring goals; we have to have
minority hiring policies; small business hiring policies, and that's included in the
package. We also -- in addition, we're -- we have the economic analysis, which
really shows the impact of the project.
Commissioner Carollo: Do you have local workforce participation?
Mr. Martos: I don't know what you mean by that. In terms of construction or in
terms of residential workforce housing?
Commissioner Carollo: In terms of construction. So in other words --
Mr. Martos.: We have local small business participation, yes.
Commissioner Carollo: And what --
Mr. Martos: For construction and for hiring purposes after -- you know, for
permanent jobs.
Commissioner Carollo: And I understand minority, but what about local
preference? In other words, will those minority businesses and minority workers be
residents of the City of Miami?
Mr. Martos: I believe so. If you give me a moment, 171 confirm that for you. It may
be Miami -Dade County, but they tend to be local, yes.
Commissioner Carollo: Please
Mr. Martos: It's specific to Miami -Dade County, not City of Miami, but I -- if I -- if'
you give me a moment, 171 turn to my client and I'm --
Commissioner Suarez: Thankyou.
Mr. Martos: -- pretty confident that's something could be adjusted. Were happy to
make that commitment.
Commissioner Carollo: Okay. So Miami -Dade County, I think -- do you have 40
percent? Do you have the percent -- or what page are you looking at?
Mr. Martos: This is Tab 1.
Commissioner Carollo: Tab I?
Mr. Martos: Tab -- yeah. It's -- yes, Tab 1.
Commissioner Carollo: Tab I and whatpage?
Mr. Martos: No, no; it actually says the word, "Tab 1, " and it's a one-page sheet
here.
City of'Miami Page 104 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: So I'm not seeing the percentage targets.
Mr. Martos: The percentage goes according to Miami -Dade County's. We prat --
essentially, we borrow from the Miami -Dade County Code and its targets, so we
follow whatever the County Code says. We could be specific to Miami, if you'd like;
that's not a problem.
Commissioner Carollo: Yes. Mr. Garcia, do you know what those targets are, so we
could put it for the record?
Mr. Garcia: I'm happy to look them up if you'll provide me a moment or two.
Commissioner Carollo: Yes. Do you happen to know what they are?
Mr. Martos: Unfortunately, no.
Commissioner Carollo: And what I'm seeking is, as we've done with others,
depending on what the target is and (UNINTELLIGIBLE) a target within that target
of local workforce in the County, I'm hoping that we could get at least 25 percent
City residents.
Mr. Martos: Understood, and that's fair. I don't think we have an issue with that.
Commissioner Carollo: And then, also, if you could have a third party company.
There's language that we -- that CIP (Capital Improvement Programs) has in order
to verify and provide the City that documentation to make sure that you are
providing local --
Mr. Martos: Not a problem; happy to do it.
Commissioner Carollo: And I think the Chairman, the last time that I made
something that he said that there should be some type of penalties, and what we
mentioned was something to the effect of what we did in the CRA (Community
Redevelopment Agency). 1 don't know the exact language; if someone from the
Administration could help me, because we actually placed it in last Commission
meeting.
Chair Hardemon: Are there a certain number of units that you're getting for the
MUSP that are more than what you would normally get without the MUSP?
Mr. Martos: No, the MUSP doesn't give us more units.
Chair Hardemon: It's just that --
Mr. Martos: It's just --
Chair Hardemon: -- the MUSP was triggered --
Mr. Martos: Exactly.
Chair Hardemon: -- so you must come --
Mr. Martos: Exactly.
Chair Hardemon: -- because you have the number --
Mr. Martos: We're not getting any sort of --
City of'Miami Page 105 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: -- the higher number of units.
Mr. Martos: Correct.
Chair Hardemon: You could have built lower than the number and not had the
MUSP; is that correct?
Mr. Martos: We could have distributed them differently among buildings, right. We
have two buildings, 800 units. Well, 1 guess we couldn't have built it without the
MUSP, because we're over 800 units, and 400 -- once you cross 400 is a requirement
to show up for a MUSP.
Chair Hardemon: And what's the number you have that requires it? It's 400 and
what that you leave?
Mr. Martos: We have 441 on one of the --I'm sorry -- 47; 447, and 391 on the other.
Chair Hardemon: That's a lot of units.
Mr. Martos: Now --
Commissioner Carollo: I know it's a lot of units. That's why -- that's exactly why.
Mr. Martos: Sure. And we're happy to commit to it. I'm, searching now for the
employment number for the County. The -- I will also say this --
Commissioner Carollo: Which is (UNINTELLIGIBLE).
Mr. Martos: -- the number of units contemplated for Midtown were contemplated
when Midtown was created; the total number o_f units.for the entire area. The entire
site is bound by a single unity of title, with the intent that those units could be
allocated to whichever site, according to market need, and this project has done
exactly that. We're taking from that total pool and we're supplying some of them on
our site.
Commissioner Carollo: I'm --
Chair Hardemon: Walmart go?
Mr. Martos: Say again.
Chair Hardemon: I said, "Where does Walmart go? " is what I said.
Mr. Martos: Oh. No, we are thinker of a grocer; but it's not a Walmart.
Chair Hardemon: No, l was just. joking.
Mr. Garcia: Commissioner Carollo, in response to your question, I believe the
County's minimum threshold is that 10 percent of the labor force must come from the
designated target area, but -- and I believe that they are exceeding it, not actually
meeting that number.
Mr. Martos: Yeah. We're happy to say that the target area's going to be City of
Miami; it's not an issue. It's a 10 percent requirement.
City of'Miami Page 106 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Yeah, but I just think its very low. You know, I think 40
percent of the whole job should be from Dade County, and within those 40 percent,
at least 25 percent should be from the City of Miami.
Mr. Martos: I'm not sure that that's going to be an issue. It's really -- at the end of
the day, we're happy to make that goal a goal, but it's -- at the end of the day, we
have to talk to our contractor, right? And we're happy to make that commitment as a
goal. We can't guarantee that the contractor is going to turn around and say, "Yes,
we are able to staff everybody fi^om there. "
Chair Hardemon: Well --
Mr. Martos: I suspect it won't be a problem, because Miami -Dade County is a very
big place. The City of Miami is a very, big place.
Chair Hardemon: So I -- so let me tell you one -- my position.
Mr. Martos: Yes.
Commissioner Carollo: I really believe that you are here in good faith, and I'm
working in good faith.
Mr. Martos: Yes.
Commissioner Carollo: Beautiful building --
Mr. Martos: Thank you.
Commissioner Carollo: -- buildings -- plural --
Mr. Martos: Thank you.
Commissioner Carollo: -- very luxurious. But at the same time, we're having a
housing crisis. This is not providing any, affordable housing, any workforce housing,
so, you know, I'm having issues with that.
Mr. Martos: 1 understand.
Commissioner Carollo: Now I'm looking at, okay, is it providing jobs --
Mr. Martos: Yes.
Commissioner Carollo: -- and jobs to Citv of Miami residents; secondary, the
Count'?
Mr. Martos: Yeah.
Commissioner Carollo: But I'm being quite honest. I'm specifically looking at City
of Miami residents. And although I believe you're working in good faith and you're
acting in good faith, "a goal" isn't too convincing for me.
Mr. Martos: Okay.
Commissioner Carollo: The third part that I haven't addressed yet is something that
has been mentioned in this Commission for months now, and we still have gotten no
traction on it, which is some type oj' traffic impact fee, which I know you're not
City oj'Miami Page 107 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
paying a traffic impact fee, because I guess we're still in the studying stages of it.
So, you know, its starting to pile on where it's beginning to be difficiiltfor me --
Mr. Martos: Sure.
Commissioner Carollo: -- to see this in --
Mr. Martos: Sure.
Commissioner Carollo: --the proper light that I would like to see it.
Mr. Martos: Sure. If I may, with respect to the transportation, when the Midtown
overlay was created, a CDD (Community Development District) was created, as
well, and payments had to be made by every property owner in the CDD for the
purpose -- among other purposes, for transportation. purposes. So we have made
quite a commitment -- the owners of the property, as being part of Midtown, have
made quite a commitment to that -- towards that.
Commissioner Carollo: And when you say "commitments, " can you give me a dollar
amount?
Mr. Martos: I think I can. So districtwide -- I don't have the specific number in
front of us for our property, but distrietwide, it was $80 million, and that was --
Commissioner Carollo: When you say, "districtwide," define "district. "
Mr. Martos: Midtown; what's considered Midtown today.
Commissioner Carollo: So you -- or your properties, your entities -- gave $80
million to --
Mr. Martos: To a CDD to develop --
Commissioner Carollo: That -- some --
Mr. Martos: Yeah.
Chair Hardemon: That's -- CDDs are self -taxing entities --
Commissioner Carollo: Yeah.
Richard Perez: Allow me to --
Chair Hardemon: -- that create funds.
Commissioner Carollo: That --
Mr. Martos: I'll defer to Rick.
Mr. Perez: Richard Perez, Holland and Knight, Midtown Opportunities. We
represent Midtown Opportunities, 701 Brickell Avenue. The -- and these are
approximate numbers, Commissioner, because I'm working off of memory. The
entire CDD, the infrastructure improvements that were paid by the CDD, were
roughly in that 80- to $90 -million -dollar range. That included all of the sewer
improvements, the water and sewer improvements, the roadway improvements, the
building of the parking garages, and all of that infrastructure that was built as a
result of it. As you know, that CDD works on assessments to the property owners, so
City of'Miami Page 108 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
ultimately, you know, that money came from the property owners and not from the
general fimd of the City. There was some TIF (Tax Increment Fund) financing, as
well.
Commissioner Carollo: Right. So, 1 mean, 1 could see -- and you can argue, and 1
could see that you could, l mean, have a viable argument that you're revitalizing that
area.
Mr. Perez: Correct.
Commissioner Carollo: But at the same time, those 80 million didn't go directly to,
let's say, Transportation Trust Fund, or something like that, that we could address
the additional impact that these 800 or so units will have.
Mr. Perez: Well, the entire district was envisioned to have -- I believe the number
was 4,000 units, and the original infrastructure was all geared on those -- on
providing the infrastructure to have the 4,000 units, plus all of the other things that
were coming in there. I mean, this was, frankly, the quintessential example of a
public private partnership that actually worked and has delivered what it set out to
do. You know, I understand, you know, times come through, but really, this whole
project was all set up on 4,000 units, and they're significantly below that number
right now in terms of the total number of units.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yeah, you're recognized, sir.
Commissioner Suarez: Thank you. Yeah, I was just going to sort of piggyback a
little bit on that. This used to be a container shipyard, and so, it was basically a
wasteland, and out of the, sort of,' ashes, if you will, it became a self-contained city.
And so, it's been hyper planned, its, been -- the infrastructure was made from the
actual planning of the way the development occurred. And so, you know, this -- it's a
vibrant area. Obviously, it's continued to be vibrant. It's probably one of the few
areas where development will continue to probably occur, despite the headwind that
we're seeing right now in development, because there's a huge headwind and
resistance, because banks just aren't lending. There's a glut of condos, et cetera, et
cetera, but this is an area that is still getting, I think, far healthier rents than 1 would
have ever imagined, given the way that it's developed. And it's probably one of the
most well planned and well executed areas. It doesn't really create traffic, because
it's kind of self=contained. You go in and you're sort of inside of it. So that's been
the experience -- that's why you don't have a bunch of neighbors here, necessarily,
you know, in opposition to the project.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: And once again, I appreciate the side of revitalizing that
area, so --
Mr. Martos: Yeah.
Commissioner Carollo: -- you're not going to get an argument from me with that.
But when you're talking a self -sustained city, understood; but a city, that has no
affordable housing, no workforce housing and then it's not even providing the local
area, City of Miami, jobs. You know, one thing is lofty goals, but --
City of'Miami Page 109 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos: I can --
Commissioner Carollo: You understand?
Mr. Martos: Yeah.
Commissioner Carollo: So that's where --
Mr. Martos: It's one thing --
Commissioner Carollo: -- it becomes difficult on me.
Vice Chair Russell: Mr. Chairman.
Mr. Martos: I -- if I may, Commissioner Carollo, first, with respect to the
employment target, we'll make that a requirement; we're okay with it. I've just got
the word --
Commissioner Carollo: 40 percent of the overall cost?
Mr. Martos: 40 percent of the --
Commissioner Carollo: County; and within that 40 percent, 25 will be City?
Mr. Martos: I've just got word just now in my ear that were committed to that and
that -- and not just as a goal, but we'll make that our condition.
Commissioner Carollo: Okay.
Mr. Martos: Now, I'd also like to add, we have an economic study, and it shows
quite a big advan -- benefit to the City. In construction cost, it's estimated that
wages -- construction wages would be over $22 million. And longer term, on an
annual basis, we can expect the project to generate over $2 million in wages, and
that's just to -- that's not to ownership; that's to the employees.
Commissioner Carollo: Understood. But want those $22 million --
Mr. Martos: Agreed.
Commissioner Carollo: -- to go to residents in the --
Mr. Martos: And we're with you --
Commissioner Carollo: -- City ofMiami.
Mr. Martos: -- and 1 -- and what I'm committing to you is that that's what we're
going to do.
Commissioner Carollo: You know.
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: Vice Chairman and then Commissioner Suarez.
Vice Chair Russell: The mover would accept the amendment, if that's the specific
amendment regarding the workforce -- the job requirement. I just want to
understand if there is a penalty that you wanted to include.
City oj'Miami Page 110 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Yeah. I want to -- I wish CIP could help us out, because we
just did this not too long ago, because I want to make sure that we address the
penalties, and we'll -- what the Chairman mentioned the last time, that we need to
put some type of penalty, and 1 want to make sure that there's a third party -- and I'm
going to see fl get the language -- a third party --
vice Chair Russell: Monitor?
Commissioner Carollo: Yeah. -- that, on a monthly basis, can, you know, provide
the numbers to the Citv of Miami for us to verify that the local workforce is being
applied and done.
Mr. Martos: Complied with, yeah.
Chair Hardemon: Commissioner Suarez, while we're waiting.
Commissioner Suarez: Thank you, Mr. Chair. I commend the Commissioner for
what he's doing. [just -- one of the things -- and we talked about this in the context
of the CRA, too -- is we need to get a handle on what the labor pool is in the City of
Miami, because there is no doubt that there's unemployment, and there's no doubt
that maybe unemployment may outpace the general economy, but we need to see how
much is available in construction, because even though these goals -- these goals are
important, and, obviously, we want to make sure that our residents have a
preference. What we don't want to do is, we don't want to create a situation where
we require -- we make a goal that is un -meet -able [sic]; and therefore, we make a
project undoable. And so, I always say, "A billion times zero is zero. A million times
zero is zero. " If we put a restriction on something that is supposed to have some sort
of a benefit and it ends up actually being a detriment, then you don't create any jobs,
which means you don't have any progress, and nobody actually fills those jobs. So
we have to get a sense for what the workforce is, because we can just -- every single
project that comes before us that requests anything, we could put these goals on and
onn and on, and layer them on top of each single project that comes before us. We
could do it by ordinance, but the problem is that, do we have the workforce in the
City for construction jobs that are capable of --? Because the City -- we have one out
of 36 cities in Dade County, okay? We have -- our population, I think, is in the
350, 000 range. So when you start parsing that down, the question is, "How many
people do we have that are in construction?" Now, 1 think we should be training
people in construction and we should continue to do that, so that people who need
jobs actually get construction training, so that they can occupy these jobs. But the
issue is, we do need to get a sense for what the labor pool is as we continue to do
these kinds of things.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: And that's why I believe that these goals are actually --
Commissioner Suarez: I'm not saying they're --
Commissioner Carollo: -- or requirements are actually very conservative; that's
why I'm not pushing. I actually prefer it be higher than 25 percent, but I'm being
reasonable, because I don't know how much homework we've done on this or not.
Commissioner Suarez: Right. That's a good point.
City oj'Miami Page 111 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: I believe, during Marlins Stadium, it was 25 percent of --
Commissioner Suarez: Okay.
Commissioner Carollo: -- City residents and 40 percent of the County, and that's
why I'm using those numbers. However, I think that's conservative. But, again,
since there hasn't been a study or -- you know, I don't want to be too aggressive,
where --
Commissioner Suarez: Good point.
Commissioner Carollo: -- it'll be to the detriment of the City. With that said, you
know, at the same time, we need to really also look at what you mentioned, you
know, training for these jobs. If we are having a lot of these jobs, well maybe that's
an industry that --
Commissioner Suarez: Needs to be training.
Commissioner Carollo: -- you know, that there needs to be more training, so people
actually have jobs. But what I don't want is that this keeps happening; residents
keep needing jobs, and we don't at least make an effort --
Commissioner Suarez: True.
Commissioner Carollo: -- to, you know, provide some of these jobs to our residents.
Chair Hardemon: It becomes a question ofphilosophy. I mean -- well, first of all, I
-- we haven't had a developer come before us and say -- we've had them come before
us and say, "We can't do it. We can't find those jobs beforehand. " But we've never
had a developer say, "We couldn't build the project because we couldn't find the
labor. "
Commissioner Carollo: Right.
Chair Hardemon: That has not happened. So --
Commissioner Carollo: Right.
Chair Hardemon: -- and the second thing is that at some point, we have to decide
what kind of city we want to be. I mean, there are other major cities that have
decided that they're going to require some form of workforce or affordable housing
in every development that's similar to this that comes about. That's not currently a
policy in the City of Miami, but certainly has been the policy elsewhere, where
housing is just as expensive or high, if you will. And so, you know, it may be this
Commission, it may be the next Commission that has to come to that decision, but,
certainly, when you're adding in 4,000 units -- not you -- but when that area, it was
built, as you stated earlier, to have 4,000 units, the question should be asked, "Well,
how many of them are affordable to the people who live in the City of Miami today?"
And that's probably going to be a tough cookie to crumble when you think about
that. And, you know, 4,000 people in an area like that is also a huge amount when
you're talking about the impact that it would have on. tragic. I mean, I would dare to
say that, if you think about 36th Street and how you're traveling east and west, and
with the intersections near the railroad, and how you have almost like a five- or six -
point intersection there, it could have a big effect an people's quality of life in that
area, for those who don't live in those high-rises, but who live just across the street
in lower or in single-family homes. So, I mean, those are things -- I think things
we're just going to have to consider as we move forward.
City of'Miami Page 112 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Carollo: Mr. Chairman --
Chair Hardemon: Yes.
Commissioner Carollo: -- ifl may? Is the Manager here? Could we --
Barnaby Min (Deputy City Attorney): 1 sent someone upstairs to get the Manager.
Commissioner Carollo: Yeah, because 1've sort of'hinted two or three times about
CIP, we've done this before, and I see no one coming or mentioning so --
Mr. Min: They're (UNINTELLIGIBLE).
Commissioner Carollo: I'd like to see if the Manager's here, so then I could address
it directly with him then, because, listen, this is a big project. This is important to
everybody, and it's important to the residents, and I want to make sure that, you
know, we have the proper language in place.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, Commissioner Suarez.
Commissioner Suarez: Yeah, and I wanted to just sort of touch on something that
you mentioned. You know, the County did put forth a pretty aggressive inclusionary
housing piece of legislation. As president of the League -- with the League, we tried
to find a way to support it. I could tell you that of the 36 cities in the City of Miami
[sic], I'm proud to say we're probably the most progressive when it comes to already
existing and legislation that we have even in today's agenda, and I want to commend
Commissioner Carollo for some of the pieces that are here in this piece, which
extend things that we've alreadv done, or the double density piece, which is another
good piece. So, I mean, I -- we've taken it very _far, and I think we have shown a
willingness to go far with this legislation. We've taken the carrot approach and I
think its a good approach, and ]just wanted to sort of give a little context to that,
because we -- that piece of legislation ultimately became permissive and not
mandatory in the County.
Chair Hardemon: So part of my issue with things is that when we have areas that
are like this -- as you stated earlier, this was a place where shipping containers
would be stacked, right? Many of us who workfor the Citv ofMiami know that to be
true. And so, it turned from that to what's being presented before us. And so, the
question is, who, who makes about the area median income or less, if you will, will
be able to afford to move into a place like this? And so, what -- and when then
there's no affbrdable or workforce housing that's included and you leave everything
to the market, what tends to happen is that the market takes care of itself. So those
individuals who may not be able to afford to move into a place like this would never
be able to afford to live in a place like this, because there's not a product that's there
for them. However, in other areas that have individuals who live there, who are
seeking to have the betterment of their community, what we're seeing is that we're
allowing more uses to come into those areas that would degradate [sic] the property
values and make those areas one type of area. So whereas -- I'll give you an
example. If you think about a community like Overtown that has seen its troubles
and it's -- now we're trying to attract new residents there, we're trying to attract new
businesses there. And so, with that, we want some market rate, some workforce; all
different types of housing. So -- but we've been generous with our votes in allowing
more homeless shelters, more things that are -- that really service the ills of our
community, rather than trying to push -- rather than trying to include, at least in a
City of Miami Page 113 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
place like this, something where -- we're not saying have homeless shelters, but have
some housing that's available for people who work normal jobs. And so, I think
that's part of, you know, my concern, is that when you start to -- when people start
saying, "We're building a city within a city," yes, you are; yes, you are. I mean,
there was a game that we used to play in college, and we used to ask the question,
you know, "We're building a city. What can you bring?" And we would have to
answer positively and negatively about what you would bring into the city. And
certainly, in a place like this, in this city, you aren't bringing people who make
normal incomes. So 1 don't know if you want to leave them out of the city or you just,
you know, put them in other areas where the homeowners are actually being bought
out,, moved out; not to the fault of the purchaser, but,, you know, at the end of the day,
I want, you know, people who grew up in the City of Miami to have an option of
choosing quality standard housing in a variety of different neighborhoods. You
know, we shouldn't just allow some neighbors who have 10,000 -square -foot lots or
larger tell you, "You can't build a new house in my neighborhood, " but then we'll
allow 4,000 units in someone else's neighborhood, along with a couple hundred beds
for homelessness. It's just not fair.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Thank you, Mr. Chairman. First of all, I want to address
about the third party independent --
Mr. Martos: Yes.
Commissioner Carollo: -- verifier. We have language here that I'm going to
introduce, make sure we're okay with it, and see if 'the maker of the motion and the
seconder accept the ftiendly amendment. "The respondent shall have a third party
independently verb and certify compliance with these requirements on a monthly
basis. Said third party shall be unaffiliated with the respondent and be properly
licensed under the provisions ofFS (Florida Statute) Chapter 454, 471, 473, or 481.
The person performing the verifications shall have a minimum of two years of prior
professional experience in contracts compliance, auditing, personnel administration,
or field experience in payroll enforcement, or investigative environment. The cost
for this verification and certification shall be included in the related contract cost."
So the respondent will pay for the cost. So I want to make sure the maker of'the
motion and the seconder is okay with thatfriendly amendment.
Mr. Min: Just to clarify, Mr. Chairman, that should be the "applicant" and not the
"responder, " as it applies to this particular MUSP.
Commissioner Carollo: So instead of "respondent, " it should be "applicant. "
Mr. Min: Yes.
Mr. Martos: Right,
Commissioner Carollo: Okay with it?
Vice Chair Russell: Mover accepts.
Mr. Martos: And Commissioner, we have no objection; that's a fair condition.
Commissioner Carollo: Thank you. Does the maker of the motion -- I think it's
Commissioner Gort?
City of'Miami Page 114 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: I made the motion and Commissioner Gort seconded.
Commissioner Carollo: Okay. So we're good with that? And you're good with local
workforce, 25 percent City; 40 percent County, so --?
Vice Chair Russell: 40 percent County; of which, 25 percent would be City.
Commissioner Carollo: Yes.
Vice Chair Russell: Yes.
Commissioner Carollo: Mr. Chairman, if I will [sic], I want to continue with
something you were mentioning. With regards to the 10 percent increase in height,
that would be approximately 25 additional feet., 25 to 30?
Mr. Martos: It's 30 additional feet, and we only needed 25 of the 30.
Commissioner Carollo: How rnany additional units would you -- would that
represent?
Mr. Martos: I believe -- and I'm going to refer to my architect for this -- but I
believe that that's not adding any units; its really mechanical equipment that's being
served by that extra, the extra, fee.
Ms. Ames: It's dealing with the height and the massing of the building, as itpertains
to the neighboring buildings. So per floor; we have 17 units per floor; so that would
be about two floors, so it's about 14 units per floor -- I'm sorry -- 17 units -- 24 units
total. I can't add straight. 34.
Mr. Martos: And the alternative, of course, is to put the units -- make the building
fatter, you know, and wider, and so that's -- we thought it was --
Commissioner Suarez: Design flexibilio,?
Mr. Martos: Exactly. In terms of design, it looks better if we can go up a little bit,
rather than go wider:
Commissioner Carollo: Okay. So I hate to negotiate from the dais, but work with
me, counsel. Is there a wav that we could, you know, donate some money to the
Affordable Housing Trust Fund, a reasonable amount? And, listen, I hate to
negotiate from the dais, but I would feel a lot better if we could donate some amount
to the Affordable Housing Trust Fund of the Citv.
Mr. Martos: If you would allow me a moment to refer --
Commissioner Carollo: Absolutely.
Mr. Martos: -- confer with my client.
Commissioner Carollo: Absolutelv.
Vice Chair Russell. Mr. Chairman.
Chair Hardemon: You're recognized, sir.
City of'Miami Page 115 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: Commissioner Carollo, I really appreciate where you're going
with this. An alternative would be the additional value of those units they're gaining
through that 10 percent --
Commissioner Carollo: Right.
Vice Chair Russell: -- certainly has a value that they're gaining --
Commissioner Carollo: You're seeing where I'm going with this, yes.
Vice Chair Russell: I do.
Commissioner Carollo: Exactly.
Vice Chair Russell: I do. One other option, rather than a direct donation to the --
or contribution to the Affordable Housing Trust Fund would be to actually include
some form of affordable housing onsite to a certain percentage of the value that
they're gaining. That's an option, whether it's workforce, or whatever level is
appropriate.
Commissioner Carollo: That's an option. I just want that option to be on the
developer.
Vice Chair Russell: Of course.
Commissioner Carollo: So, in other words, the option of putting "X" number of
units, or contributing to the --
Vice Chair Russell: Right.
Commissioner Carollo: --Affordable Housing Trust Fund.
Vice Chair Russell: Yep.
Chair Hardemon: Units, units.
Vice Chair Russell: Units. Thank you.
Chair Hardemon: Units.
Mr. Martos: Okarv. The additional height that we're being provided really isn't
allowing us to build more units; I just conferred with the architect. The developer is
also an architect, himself. The reason we'd like that, frankly, is because it allows us
to go -- to make a better design. We have room in our design to go wider, and so,
those extra units would just go out, and the building would be fatter, frankly. So we
would request that that not be a condition, because it's really just a design element,
this additional height. Its not a matter of -- we don't need the height to get the
densities, is what I'm trying to get to.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Yeah. I think what you're saying is that you're not going to
build more units; you're just --
Mr. Martos: Not going to build more units.
Commissioner Suarez: -- designing the building -- building the building d ff"erently.
City oj'Miami Page 116 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos: Exactly.
Chair Hardemon: Could you assign units?
Mr. Martos: Say again.
Chair Hardemon: Could you assign different units? Like, you can take what you
have right now --
Mr. Martos: Right.
Chair Hardemon: --and you could assign more affordable workforce housing units
within the development, certainly, couldn't you?
Mr. Martos: We -- I suppose we could do that, but, really, the goal of this project is
to do market rate, with the understanding that these are mostly smaller units, so their
rates aren't going to be -- rents aren't going to be very high; also, with the
understanding that we're providing a --
Chair Hardemon: Do you know what the average rent is in Midtown today?
Mr. Martos: Just a moment. 50 a square foot.
Chair Hardemon: Do you know what the average unit size is?
Mr. Martos: 700.
Chair Hardemon: So what's that math per month?
Commissioner Suarez: 1, 600, more or less.
Mr. Martos: 1, 600.
Chair Hardemon: 1,600?
Mr. Martos: So 1,600, by the way, puts you at 140 percent AMI (average median
income), which is considered workforce housing under the City Code.
Commissioner Suarez: They wouldn't have to pay impact fees, either, because were
the only city that waives or defers impact fees, if they put a covenant on the property,
so.
Chair Hardemon: I don't believe those (UNINTELLIGIBLE)_ $1,600 is --
Commissioner Carollo: 1,750,1 think.
Commissioner Suarez: Of course, you have to put a covenant in.
Chair Hardemon: 1,600 is on the low -- so an average is always -- you have your
high.; you have your low. It's probably a little higher than that, but --
Vice Chair Russell: If the implication is that there's no additional units being
produced because of the additional height, you're saying that without the MUSP, you
would just build a wider --?
Commissioner Suarez: (UNINTELLIGIBLE) building.
City oj'Miami Page 117 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos.: A slightly wider.
Commissioner Suarez: (UNINTELLIGIBLE) building.
Mr. Martos: A slightly wider.
Chair Hardemon: Because you're trying to create what? Because you're trying to
earn more revenue?
Mr. Martos: So -- perfect example: Midtown 5 is right next door. They've got 400
units, also; it's a little bit over. You've got 25 stories -- I'm sorry -- 24; just
corrected. So the v fit 400 units on 24 stories. That's six stories less than its. We're
really just -- and so, obviously, it can be done; my client's done it. So the height
really isn't adding us -- it's not giving us a benefit.
Vice Chair Russell: If there's no benefit, then you don't need it.
Mr. Martos: And, I mean, if the height is important, we can revise the design to
make it wider, but I -- we don't think it would add; we think it's better going up. As
we just worked out this exercise, at 1,600, that's workforce housing under the City
Code.
Vice Chair Russell: Then you shouldn't have any problem assigning some units
toward workforce housing --
Mr. Martos: Assigning it to workforce housing? I'll ask my --
Vice Chair Russell: -- if it wouldn't change your price profile.
Mr. Martos: I'll confer with my client about whether he wants to --
Commissioner Suarez: Mr. Chair; if I may?
Mr. Martos: It's a matter offlexibility, I think.
Commissioner Suarez: Yeah. So if they were forced, let's say, for purposes of this
MUSP, to assign, as you say -- let's say --
Chair Hardemon: We would never force them.
Commissioner Suarez: No. Let's say that they voluntarily assigned. They would get
a reduction for the time that they assigned it for in impact fees. They wouldn't have
to pay impact fees for that percentage of units that were workforce housing. So if
they did 10, they wouldn't have to pay 10 percent of their impact fees. If they did 20
percent, they wouldn't have to pay 20 percent of their impact fees, et cetera, et
cetera, et cetera. So that -- with the way we designed it was a carrot approach; in
other words, you know, we can create an incentive. You can come in as the private
sector and you can decide that -- you can build as much as you want of workforce
housing, and we're going to give you this incentive to do it, and they can do it or not
do it. They're doing it -- it's the same thing that happened with the Mello [sic]
Building in. the Omni not that long ago. They can do it if they want to, or they don't
have to do it by covenant; in which case, they can go -- exceed the -- they can go
145, 150, and not have to pay a penalty for that.
Vice Chair Russell: Mr. Chairman.
City of Miami Page 118 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Of course.
Vice Chair Russell: Clearly, we have a crisis in the City, right now, and the carrot
approach, in some cases, just isn't working. Here, we have a very -- a good project,
a good building, and it's not helping our situation out. If they're doing everything as
of right, more power to them. But the moment someone comes to us, as a
Commission, in need of anything, from an SAP (Special Area Plan), a MUSP, a TIF
deal at the CRA, anywhere where we have an ability to work with them and see if
there's an ability for this development to contribute in a positive way toward our
crisis, 1 think we have a responsibility to make that ask, at least. Sometimes, the
carrot approach works, as we're going to see as this -- the voluntarily bonus that
we're looking at later today. I can't wait to see if that works, and if that doesn't
work, we will get stronger; in terms of what Commissioner Hardemon was talking
about, in terms of inclusionary ideas and such, but I would always like to start with
carrot.
Commissioner Suarez.: Yeah, of course. I just think that the problem with the stick
approach, which -- the problem with the stick approach is, then people are just going
to design buildings smaller and uglier, and then just not come, because they know
that if they come, we're going to ask them for something that is not in their economic
interest for building a building in a time when it's very difficult to build buildings.
We -- on this side of the dais, it's easy for its to engineer the way projects look in the
private sector; its really easy for its to do it. The people that are doing the hard
work are the people that are on the other side of the dais --
Vice Chair Russell: Sure.
Commissioner Suarez: -- the ones that are risking their money, the ones that are
taking chances, and so, I mean, again, we can say, "Hey, we're going to force them
to do it." And then they could say, "No problem. We'll just make the building
shorter, fatter, and uglier, "and it is what it is.
Chair Hardemon: But that's certainly why I said, "Maybe you shouldn't do that. " I
mean, 1 wouldn't -- 1 would certainly -- 1 wouldn't want to tell you to make your
building fatter.
Mr. Martos: Right.
Chair Hardemon: You made it slim for a reason. We don't want it to be fat just
because you wanted to add some people in there that could afford to move in, who
are from the neighborhood. But, certainly, I -- just because something is shorter
doesn't mean its uglier. I mean, that would be a slap in the face of these wonderful
architects that we have that go to school and make this their profession. So, you
know, I don't agree that shorter buildings are uglier. I mean, you have some
beautiful short buildings. You have some beautiful one-story homes, two-story
homes, three-story homes; it doesn't matter. It's in the architecture, its in the design.
And so, I do think, though, that if there's an opportunity, like the Vice Chairman
said, where we can come to an agreement about providing some sort of affordable or
workforce housing -- which I take "workforce" as "affordable housing, " so I like to --
I think "affordable housing" is an umbrella term that includes a lot of different
things. You have different levels of affordability --
Mr. Martos: Sure.
Chair Hardemon: -- and so, workforce is one of them. And so, I just -- I happen to
agree that, you know, if' we're -- you would not be here if you did not need
something. And, you know, we can minimize what that "something" is that you need,
City oj'Miami Page 119 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
but at the end of the day, this is the -- this is one of those opportunities that we have
to actually talk through some of these issues, and --
Vice Chair Russell: Well, if time is not of the essence, rather than negotiate from the
dais, as you said, we can take some time and work together with the developer, and
see if there is a reasonable solution to be had; if there's not, there's not. You know,
we're -- you know, we don't want to be careless about this. Like you said, it's very
easy from this side of the dais to just throw numbers around. It has to work for them
at the end of the day. It has to work for their entire pro forma. So if this is
something that there's a will of this Commission to look and see if that opportunity
exists, I'd be willing to withdraw my motion and defer the item while we can discuss
this for a moment.
Commissioner Carollo: I think that would be prudent. And again, listen,
understand what Commissioner Suarez said, but there has to be a balance --
Mr. Martos: Sure, sure.
Commissioner Carollo: --from all sides.
,ldr. Martos: If I --
Commissioner Carollo: You know, just on the other side, you have a big= need, you
know, and I don't want this self -sustained city to be walking distance from an area
that it's very, very needy, and you're seeing all these luxurious buildings constantly
going up, and they're saying, "Hey, you know, were going to be kicked out. "
Mr. Martos: Right.
Commissioner Carollo: You know. So there has to be a balance, you know. And
again, that's why I didn't say an amount, I didn't put an amount, but I mentioned a
10 -percent increase; that's what I was mentioning as far as units and so forth,
because there really does need to be a balance. And I think that the prudent thing
would be to defer it to allow us at least two weeks to be able to work through the
affordable and workforce housing part.
Mr. Martos: If'] may, my client is in a position now with -- in terms of negotiating
financing and in terms of its contract to purchase the property, where a two-week
delay might result in what Commissioner Suarez highlighted: Zero percent of zero is
zero. And I'd hate to be so blunt as that, but that's the actual situation we were
Acing. I'm usually the kind of --
Chair Hardemon: If I pull your card on that, you think --
Mr. Martos: -- representative that is very willing to give up as much as we can, and
frankly, 1 think we have. But my client has a concern about tying up the property for
30 years, as the covenant would require. We are providing relatively small units and
we're providing them in a neighborhood where were adding 400 -- 800 units to a
neighborhood that's got quite a lot of units.
Chair Hardemon: May I ask you something?
Mr. Martos: We think the addition of the supply, is going to keep price down.
Chair Hardemon: Let me say something.
Commissioner Suarez: Absolutely.
City oj'Miami Page 120 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: I had this discussion with someone before --
Mr. Martos: Yes.
Chair Hardemon: -- the idea that micro -units increase affordability. There's two
ways to look at that: Yes, it does --
Mr. Martos: Yes.
Chair Hardemon: -- and no, it doesn't. So is it more affordable than other units?
Maybe because you're looking at a dollar per square foot. Most of you who make
money utilizing renting techniques, you say, "This is what I charger per square foot. "
Mr. Martos: Yes.
Chair Hardemon: "So, therefore, if I have a smaller unit, it's cheaper than my larger
units, "but the market still demands the dollar per unit. So I'll give you an example.
If you were in the middle of a place like New York that has small units, it's still very
expensive to live in the heart of the city. So you have people living in micro -units;
you have people living in units that are --
Commissioner Carollo: 400.
Chair Hardemon: They're less than that, like -- they're less than 3. 3 is large. I
mean, you're talking --
Mr. Martos: 250 for a -- smallest hotel unit you could build (UNINTELLIGIBLE).
Chair Hardemon: That's a hotel unit, but I'm saying -- but people live in smaller
units.
Mr. Martos: Yeah, I know.
Chair Hardemon: Sometimes people live in units --
Mr. Martos: You might have converted hotels, right.
Chair Hardemon: -- and they walk-- I mean, they have to walk down the hallway --
Mr. Martos: Right.
Chair Hardemon: -- and such, so there are other utilities and such.
Mr. Martos: Right.
Chair Hardemon: But what I'm saying to you is that, you know, Miami is going to be
a place that is going to be booming. This area --
Mr. Martos: Yes.
Chair Hardemon: -- and you're talking Brickell, you're talking -- I mean, these are
just -- the Design District, you're right across the way. These areas are going to be
extremely, extremely high when it comes to rental values and people wanting to rent
in those areas. And so, just having a small square footage doesn't keep prices low;
it's just lower than the bigger units, but they're still expensive, you know?
City oj'Miami Page 121 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos: Right, right. IfI --
Chair Hardemon: Commissioner Gort and then Commissioner Suarez.
Commissioner Gort: You know, unfortunate, I think it's a little late here. We were
East Little Havana CDC (Community Development Corporation). We were able to
create a building, which is in Commissioner Carollo's district --
Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Gort: -- which is two blocks away from Brickell Avenue, but we were
able to create the incentive with -- the buildings have 50 percent affordable housing,
50 percent rental -- what do you call them?
Commissioner Carollo: Mixed income
Commissioner Gort: Mixed income. And it's worked, and it's all rent out and it's
working fine, but you need to put the incentive before. By this time, these people are
probably working on the financing. They already have the architect doing all the
work, and let me tell you, we need to realize that time is money.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Mr. Martos --
Chair Hardemon: Well --
Commissioner Suarez: No, go ahead.
Vice Chair Russell: If this is so urgent that if we don't approve this today, it may not
happen. at all, do you think maybe you should have come to my office before today at
lunchtime? This is the first we've heard of this massive use special permit This isn't
a small deal. This is something -- it looks like you've been preparing for a very long
time.
Mr. Martos: Sure.
Vice Chair Russell: And every other major project that comes through here
certainly comes through and talks to the district Commissioner, just to share -- these
are the ideas, what are the concerns of the community. I was literally scrambling,
thinking, "Is there a way we can help get this approved today? We were scrambling
calling the CDD to make sure they were onboard, everything was fine. We needed to
hear it from them, directly; you know, make sure that this has been vetted around.
We're really rushing this. This isn't the last minute in terms of, you know, this has
been pushed and pushed. This is the first we've heard of it. So for us to say, "Listen,
we've got an issue we've got concerns about that we don't see this building
addressing" -- You may be absolutely right; maybe this is the wrong place to be
looking for this sort of issue. But, you know, when you're looking for an entitlement
of this nature, it's good to prepare in advance, to look at all sides in advance, and I
don't think that's been done here. So for us to take a step back and say, "Well, listen,
we really need to think about this and look at it from all sides; maybe you're right,
but we want to talk about it" -- Commissioner Carollo would talk to you directly,
separately; I would, as well. We'd see what can be done. But for you to say, "If you
don't do this now, in two weeks, it's going to be zero, no jobs, " and everything, that's
not on us. That's on you.
City of'Miami Page 122 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos.: Understood.
Commissioner Suarez: Mr. Chair.
Mr. Martos: Go ahead.
Chair Hardemon: Yes.
Commissioner Suarez: So a couple things. One is, you know, these things go
through a process. Obviously, they're scrutinized by the Planning & Zoning
Department with a recommendation. They go through the Planning & Zoning
Board, which recommended this, 10 to 0, unanimously. And then it comes to us for
our decision on a project like this. I can tell you, there was a project that was just
finished in Commissioner Carollo's district on 19th and 81h Street called In Town,
and that project was sold to a fund at a 6 percent cap, more or less, and the rents on
19th and 8th Street were two and a quarter; two and a quarter. And -- which is the
same as the average rent in Midtown. So -- and I will also tell you that there's a
project in my district on Coral Way that is on 31st Avenue and Coral Way, and an
institutional developer and institutional lender was going to come in and do that
project, and we're having some issues with that project, because were not sure that
we can get the permit issued by the deadline because of financing concerns. So the
market is fragile. I can tell you that as a real estate lawyer,, the market is extremely
,fragile. And markets go up and they go down, and the trend in the City, right now is
that things are going down in value and -- or the increase is getting smaller is a
better way of saying, because they're not going down. The increase is getting
smaller, and there is -- we're getting into a capital headwind, without a doubt. So
there is -- and, you know, Commissioner Gort, who has been dealing with capital
markets for a long, long time, can attest to this. It's very difficult to -- Will a two-
week delay kill a project? It's hard to say. You know what I mean? That's hard to
say. It might kill a deal, and then you have to wait for another deal to come; that
could take months; that could take years sometimes, that -- It doesn't always happen
that way, you know. It's not -- there's no way to predict the future, so there's no way
to know, but it is, you know, hyper -- And 1 don't know why they didn't come to see
you. They should have come to see you. They absolutely should have come to see
you earlier, and there's no real explanation for that.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: There is an alternative. I mentioned at the very beginning,
proffer an amount to the Affordable Housing Trust Fund. Since, you know, time is
money, you know, there --
Mr. Martos: Allow me a moment.
Commissioner Suarez: (UNINTELLIGIBLE). The other alternative is --
Commissioner Gort: By the way, the trust fund is very important, because an
incentive -- we have to put an incentive to allow those people to do that. The only
reason we were able to do that building, because it was a big incentive doing it with
a not for profit.
Commissioner Suarez: What's that? I'm sorry.
City of'Miami Page 123 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Commissioner Cort: By working through a not for-profit, they can get incentive
from the Federal Government, and they can get incentive from the County, which
makes it possible to do so.
Chair Hardemon: I wonder if anyone knows like the legislative history behind
CDDs, and why was it that individuals in the private sector had to come before
government bodies to have the CDD when they're taxing necessarily themselves.
What's the importance? What stab would you take, Mr. Assistant City Attorney?
Mr. Min: My assumption is that it's because many of the functions that a CDD does
are the actual responsibilities of a government body, and those duties are being
assumed by --from the government to that separate entity, and so, the permission of
the government is needed. That is an assumption on my part, and I would be happy
to do a more thorough memorandum for you --
Chair Hardemon: No, no --
Mr. Min: -- to explain.
Chair Hardemon: -- it's just a matter of conversation. (UNINTELLIGIBLE) you
what, $80 million in this deal, 80 -something million dollars CDD?
Commissioner Carollo: I'm sorry?
Chair Hardemon: No, I was just reflecting on the amount of financing that the CDD
created, so the CDD -- you know. Yes.
Mr. Perez: Commissioner Carollo, along the lines of your suggestion, I think we
have a built-in formula that we might be able to work with, which is currently in
Midtown for additional FAR (floor/area ratio), you get -- you could pay into the
Affordable Housing Trust Fund at about -- I think it's about -- there's a formula for
it.
Commissioner Carollo: 17, 18.
Mr. Perez: So what we were thinking was the additional -- it's about 24 units that
we're talking about -- averages about 700 square feet. So multiply that out, and we
would give that as -- which is already --
Commissioner Suarez: Additional FAR for purposes oj'the --
Mr. Perez: -- treat it as additional FAR, right, and use the built-in formula you
already have, which has worked in Midtown, and use that as the basis of going
forward. So we would assume 24 units times 700, which is the average, so an extra -
- you know, whatever that works out.
Commissioner Suarez: That's like 7, 000 --
Mr. Perez: He'd do it fast. I went to law school because I didn't want to do math.
Commissioner Suarez: -- 14, 000 -- close to 20, 000.
Mr. Perez: Right, right, right.
Commissioner Suarez: A little bit less than 20, 000.
City oj'Miami Page 124 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Perez: We would use that. It's -- you know, I think its the process that already
Midtown has. It's a process we know, and I think that gets us to, I think, where you
want to be, and is a fair and reasonable --
Vice Chair Russell: Right.
Mr. Perez: -- based on the existing Code.
Vice Chair Russell: Do we have a calculation on that that's accurate?
Commissioner Carollo: No. I don't want to start taking out my calculator.
Commissioner Suarez: Well, 700 times 10 is 7,000; times 2 is 14,000. And then. you
got 4,000 more additional -- it's probably around 18, maybe $19,000; do the math.
Mr. Martos: Yeah.
Vice Chair Russell: What does that come out to in terms of a contribution?
Mr. Perez: 7,000 -- 7 times 24 units --
Commissioner Suarez: 700 times 24.
Mr. Perez: -- so that's 16,800 --
Commissioner Suarez: 16,800. I was off by 200.
Mr. Martos: --additional square feet.
Commissioner Suarez: 16,800.
Mr. Martos: 16,800 additional square feet.
Commissioner Suarez: 16,800 additional --
Ms. Mendez: Commissioners, 1 --
Commissioner Suarez: -- fabricated FAR.
Ms. Mendez: -- would offer that if we can table this momentarily, get all these
numbers in, and then come back with --
Mr. Martos: Yeah, that's fine.
Ms. Mendez: All right.
Mr. Martos: Okay.
Mr. Perez: Ls that an acceptable solution?
Commissioner Suarez: Yeah.
Ms. Mendez: Thank you.
Commissioner Carollo: Let's -- can we table this and hear it -- come back -- I don't
know --?
City of'Miami Page 125 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos.: Can --
Commissioner Suarez: Yeah. I have to go to (UNINTELLIGIBLE).
Commissioner Carollo: We're going to -- definitely today.
Mr. Martos: Another way to do it is to have the vote and we agree on the formula.
Would you like to do that and we'll agree to the formula right now?
Commissioner Carollo: 1 want to see the final numbers.
Mr. Martos: Okay. So then table I think is --
Commissioner Carollo: Yeah.
Mr. Martos: Yeah.
Commissioner Carollo: Let's table it and see if, in good faith, we could work this
out.
Mr. Martos: Yeah. We'll be right back, we're just going to confer.
Commissioner Carollo: Okay?
Chair Hardemon: You know, and one thing -- you know, the Affordable Housing
Trust Fund, certainly, there's a need to have funds inside of it, but, you know, with
the increases in the land values in the City of Miami, you know, it's hard pressed for
its to actually build new affordable --
Vice Chair Russell: Units.
Chair Hardemon: -- units with that. So any time you can include housing in a
project, I mean, it -- you know those units will be built. You know that there's going
to be some people that are there. 1 was reading an article and it --1 guess, this kind
of popped in mind. This was published in January 17, 2016, in the New York Post, I
believe, and -- they've had other publications, but some of us from New York
probably know exactly what I'm talking about. They call it "The Poor Door. The
Poor Door Tenants of Luxury Tower Reveal the Financial Apartheid Within. " And
so, basically, this was a controversv. "Poor Door at the luxury Lincoln Square
Towers, " it says, " anally opened in New York Cita " And basically, they created two
d�erent entrances for the individuals. So if you had affordable housing, you
essentially had to go through a separate entrance than those who had the market
rate housing. They call it "The Poor Door. " The market rate housing has a -- has
like a -- you know, the -- in New York, they have those revolving doors; and then, of
course, the other doors are just normal doors. And as well, they don't share the
same amenities. There's no -- let me put it -- they have no dishwashers, no doormen,
no light fixtures in the bedrooms or the living rooms, on the porch side. They -- of
course, they don't have any river views. They only have access to a bike storage
closet and unfinished laundry room in a common space that faces a courtyard that
they're not allowed to enter. But the neighbors, of course, they have two gyms, a
pool, a movie theater, a bowling alley, 2417 doormen.; and a lavish lobby, with hand -
blown glass chandeliers. I mean, this was thought well enough that people -- they
wrote these many articles about it. You know, that's -- yeah, so the people got a
place to stay, but they're certainly treated like second-class citizens, because they,
don't have an opportunity. So, I mean, I just think about that, and I think about the
children, because children are unforgiving and they're truthful. And so, just imagine
that child that goes through the poor door, and when someone says, "Well, where do
City, of'Miami Page 126 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
You live?" "Oh, I live at the such -and -such." "No, you don't." "Well, how you
know?" "Because I live there. You must live in the poor door, " you know, and the
separation and the guilt. Its almost as if; "Do I even want to live there?" because
I'm forced to go through the poor door and live on this side; the badge of shame that
it creates, you know; the separation, the segregation that it --1 mean, that's not --1
don't think that's anything what any of us consider when we start talking about mixed
market -- mixed -income housing; that's just not it. So, hopefully, we don't create
anything like that, but we certainly also don't want to have people take the cheap
way out and say, "Well, instead of creating a poor door, I'll just, "you know, 'pay the
poor to go away. There you go; shoo away. "
Later...
Chair Hardemon: Are the gentlemen and women on item PZ. 7, do you want to be
heard again?
Mr. Martos: Thank you.
Chair Hardemon: You're recognized, sir.
Mr. Min: Mr. Chairman, I believe we've -- based on the discussion that was had at
the Commission, I believe we've come to an agreement that is being voluntarily
agreed to by the developer, the applicant, and I will go through the different
conditions. The first is, of course, a local workforce requirement.
Chair Hardemon: Can you tell us what your name is first, sir?
Mr. Min: I'm sorry. Burnaby Min, with the City Attorney's Office.
Chair Hardemon: I've heard of you before. Okay.
Mr. Min: It's -- there's a local workforce requirement, which is -- 40 percent has to
be from the County. Of that 40 percent, 25 percent has to be from the City. There'll
be a third party reviewer, which will review those numbers on a quarterly basis, as
read into the record by Commissioner Carollo.
Commissioner Carollo: Monthly.
Mr. Min: I'm sorry; monthly basis. That may change
Mr. Martos: The -- we were understanding quarterly. Let's continue through the
other conditions and we'll go f•om there.
Mr. Min: On a monthly basis. If that third party review determines that any of the
County requirements are not complied with, for each body that does not comply,
there'll be a penalty of $3, 000 per person.
Commissioner Carollo: Or City
Mr. Min: For the County, it'll be $3,000 per person. For each City body that does
not comply, it will be $3,500 per person. So that would be payable into the
Affordable Housing Trust Fund at the time that the third party reviewer makes the
determination that there is noncompliance. Additionally, if the third party reviewer
determines that through no fault of the developer, and after good faith attempts of
the developer to comply with the requirements, the developer is unable to comply
with the requirements, the develop -- the third -party reviewer will notify the City
Manager, who will administratively have the ability to modify the requirements by up
City oj'Miami Page 127 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
to 50 percent. It's not 50 percent, but the ability to modify if the third -party reviewer
determines that there are no bodies out there that can do the job.
Commissioner Carollo: The issue I have is that the third party reviewer should be
presenting the facts to the City.
Mr. Min: Yes. It'll be verifiable facts that the third -party reviewer will review,
based on his judgment -- his or her judgment that --
Commissioner Carollo: Will provide the information to the City, and the City would
make the determination, 'yes, " they meet the requirements; "no, " they do not.
Mr. Min: Yes, sir. It'll be kind of an evaluation by the third -part), reviewer, based
on the facts that are presented by the developer, by the subcontractors, everybody.
Based on that recommendation, the third -party reviewer will then go to the City
Manager, who will independently and on his own review those facts, and make a
determination. If they cannot comply through no fault of their own, then the
numbers can be modified.
Commissioner Carollo: Right. Right now, I think the CIP Department or the
Procurement Department is the one who's receiving those documents and making
those determination, but --
Mr. Min: We can do "City Manager or designee. "
Commissioner Carollo: Yeah.
Mr. Min: And there will be also a $230,000 voluntary contribution into the
Affordable Housing Trust Fund that will be due at the time of 'building permit. There
are two buildings that are being propose to be built, so the developer is requesting
that it be broken up between the two buildings, so 115,000 at one time and 115,000
at the second time the second building permit is obtained.
Commissioner Carollo: 1 want to listen to my colleague regarding the amount;
however, the one thing that 1 want to make sure is that we put a CPI on that; that --
because 1 don't know when the building permits are going to be pulled. They could
be pulled five years ftom now, six years from now. I don't know what the schedule
is, but the bottom line is, you know, the longer --
Mr. Martos: No problem. CPL Understood.
Commissioner Carollo: 3 percent yearly, compounded?
Mr. Martos: Or CPI, whatever CPI could be.
Commissioner Carollo: Okay, okay, compounded.
Mr. Martos: Compounded; not a problem.
Commissioner Carollo: Thank you. That way, we get the same -- you know, the real
worth of what the present value of the dollar is.
Mr. Martos: I understand and that's fair; not a problem. I -- were you done?
Mr. Min: Yes. I believe those are all the conditions that were agreed to and I
believe --
City of'Miami Page 128 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos: I'm going to get to that.
Mr. Min: -- that is what was requested by the Commission.
Mr. Martos: 1 had one request for modification. We were working under the
assumption that the review would be quarterly, and so we came to the 3, 000 and the
3,500 number on a quarterly basis. I'm wondering if, since it's now monthly, per
your request, it could be 1,000 and 1,500 instead.
Commissioner Suarez: Of course. That's the --
Mr. Martos: The penalty.
Commissioner Suarez: -- equivalent amount.
Mr. Martos: It's the same amount of money. We're just -- we want to space it out.
Commissioner Suarez: Yeah.
Commissioner Carollo: You know, I'll listen --
Mr. Martos: (UNINTELLIGIBLE).
Commissioner Carollo: -- you know, what is the will of this Commission; however, I
tell you, 1,000, 1,500 is not much of a penalty per worker but --
Mr. Martos: And it's month to month. So if it continues month to month, it'll add up
throughout the lije of the project.
Commissioner Suarez: In the same amount.
Commissioner Carollo: Understood. Yeah, let's agree to that.
Mr. Martos: Okay.
Vice Chair Russell: So we have a clear amendment?
Chair Hardemon: I think the other thing was the amount. Did you discuss the
amount of the contribution?
Commissioner Carollo: Yeah. The amount that we need to discuss --
Vice Chair Russell: $230,000.
Commissioner Carollo: -- the -- of 230.
Mr. Min: A total of 230 to be split between the two buildings at the time of the
building permit with the CPL
Vice Chair Russell: Just to be safe, as a Jennings disclosure, the applicant did meet
with, my staff today during lunchtime and then just now, working on the calculation, I
believe, as well.
Victoria Mendez (City Attorney): Thankyou.
Vice Chair Russell: So, yes, the mover accepts the amendment and thanks the
applicant for their cooperation.
City oj'Miami Page 129 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Martos: Thank you for the opportunity to work this out today. It -- I wasn't
blowing hot air when I said that time is of the essence, so thank you, really.
Vice Chair Russell: You made a good project even better, I think here.
Mr. Martos: 1 think so, too. 1 think so.
Chair Hardemon: Is there a motion?
Commissioner Carollo: Yeah.
Todd B. Hannon (City Clerk): You already, have a mover and seconder, sir. Vice
Chair Russell; seconded by Commissioner Gort at 4:15 p.m.
Chair Hardemon: I thought since we took it off of the table -- you know, I didn't
know we could have, you know, all these different types of motions on the table at the
same time, but seeing that there is still a motion on the table, any further discussion?
Is there any further comment from the public? Seeing none.
Mr. Hannon: It's a resolution. You can vote it up or down.
Commissioner Suarez: Yes.
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mr. Martos: Commissioners, thank you all very much. I very much appreciate it.
Commissioner Carollo: Thank you.
Chair Hardemon: Thankyou very much, sir.
City oj'Miami Page 130 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.8 ORDINANCE Second Reading
1030 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTIES LOCATED AT APPROXIMATELY 2610
SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET,
MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW
DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. Item PZ.8 was deferred to the April 13, 2017 Regular
Commission Meeting.
Chair Hardemon: So PZ.8.
Commissioner Suarez: Thank you, Mr. Chair. I'd like to read a Jennings disclosure,
per the applicable provisions of Miami 21 of Florida law, as a Commissioner, and
disclosing that on October 27, November 2, engaged in telephone conferences with
Adys (phonetic) Vila, a neighbor involved in this quasi-judicial hearing; on
November 9, conducted an investigation and site visit, as allowed by law,
accompanied by Ms. Vila; and on December 13, I met with Ms. Vila and Jackie
Vidal, an, interested party, involved in this quasi-judicial hearing. The subject of
these meetings was the following: The application by Ovidio and fluminada Carrera
to change the land use designation at 2610 Southwest 14th Street and 2611
Southwest 15th Street from single-family residential to low-density restricted
commercial, and to change the zoning designation of the aforementioned properties
from T3 -R, suburban restricted, to T4 -L, urban general zone limited. Such persons
having contrary views to those expressed in the following disclosure will now be
skforgiven an opportunity to refitte or respond to the foregoing communications, or ask-
,for
a reset of this hearing in order to prepare a proper response. This procedure
complies with Florida Statute 286.0015. I was at the MPO (Metropolitan Planning
Organization) meeting -- which, actually, we just changed the name of the MPO, so -
- when the public comment section of this PZ (Planning and Zoning) item was heard,
and I -- my understanding is, Ms. Carmen Iglesias was here; came and expressed
opposition, and also brought forth a list of homes, of which there are one, two, three,
four, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 15, 16 homes, and I think the
Clerk has a copy, of that. And so, what I would request -- I think 90 percent of those
homes are on 14th Street, about 90 percent of them, from the ones that I see. So
we've been working on a solution for 14th Street, which would temporarily -- and
then permanently, hopefully -- block traffic going eastbound or westbound from 27th
Avenue. We've made significant progress with the Administration, and we're
City, of'Miami Page 131 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
actually going to be putting a resolution, hopefully, on the next Commission meeting,
if I'm able to, sponsoring the temporary barricades, which would then allow for its to
study it and potentially make them permanent, with County, approval. We need
County approval to make them permanent. But I don't feel comfortable going
forward with this until we've studied that solution and met with the neighbors, and
had an opportunity to meet with them. So I'm going to defer this issue. It passed on
first reading. There wasn't any opposition on first, but 1 did get some emails; and,
obviously, I got this today fi^om Ms. Iglesias. So I'm going to request that it be
deferred to the April 13 agenda so that 1 can further study this issue with the
residents, and also, hopefully have the temporary closures put in by then so we can
see how that impacts the traffic flow of 14th Street. It's a motion.
Victoria Mendez (City Attorney)
Commissioner?
Commissioner Suarez: Correct.
Ms. Mendez: Thank you.
Commissioner Suarez: That's correct.
Chair Hardemon: The Chairman will --
Commissioner Carollo: Second.
And this is for PZ.8 and 9, correct,
Chair Hardemon: Commissioner Carollo seconds the motion. Any further
discussion about the motion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PZ.9 ORDINANCE Second Reading
1031 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning CLASSIFICATION FROM T3 -R, "SUB -URBAN TRANSECT ZONE -
RESTRICTED", TO T4 -L, "GENERAL URBAN TRANSECT ZONE -
LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY
2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: Item PZ.9 was deferred to the April 13, 2017 Regular
Commission Meeting.
City of'Miami Page 132 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Nate for the Record. For additional minutes referencing item PZ.9, please see
"Public Comment Period for Regular Item (s) and item PZ.8. "
PZ.10
ORDINANCE Second Reading
1427
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES DESCRIBED IN SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTIES AT APPROXIMATELY 20 AND 30 NORTHWEST
34 STREET AND 23 NORTHWEST 33 STREET, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13661
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo
ABSENT: Suarez
Chair Hardemon: PZ.10.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item --
Commissioner Carollo: Mr. Chairman, just to verify, that was a motion for PZ.8
and 9, correct?
Commissioner Suarez: Correct.
Commissioner Carollo: Okay.
Mr. Garcia: Thank you, sir. Items PZ. 10 and PZ. 11 are companion items. These
are land use and rezoning applications for properties at 30, 48, 54, 62 Northwest
34th Street and 23 Northwest 33rd Street. They are before you on second reading,
and the applicant, I believe, is in agreement with the Planning & Zoning Department
that, although the original application was for the entire subject site, it is a better
proposal to actually, align the final up -zoned area to the bounds of the surrounding
area, to sort of make a coherent fixture out of it all; that by way of presentation.
That explains away our recommended denial on the backup information that you
have, which we would gladly reconsider as a recommendation of approval, subject
to the changes described. I'll yield to the applicant to explain it .further; or to you, to
ask any questions you may have.
Chair Hardemon: You're recognized, ma'am.
City oj'Miami Page 133 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Ines Marrero-Priegues: Good afternoon, Mr. Chairman, members of the
Commission. For the record, my name is Ines Marrero, attorney with off ces at 701
Brickell Avenue, and we are here again, second reading. We concur with the staff
recommendation, which this Commission approved on first reading, and if you have
any other questions, we're here to respond to that. But we concur with the rezoning
of just those two properties.
Chair Hardemon: You made a presentation at our last meeting, so --
Ms. Marrero-Priegues: Yes, I did.
Chair Hardemon: And does the -- Mr. Francisco, the City staff has further clarified
on the record exactly what those changes that he's recommending should be so that
this is acceptable to the City Administration?
Ms. Marrero-Priegues: That's correct.
Chair Hardemon: And so, at this time, I'd like to ask if there is anyone from the
public that would like to make any comments about this item? If so --
Commissioner Gort: Move it.
Chair Hardemon: -- please come now.
Chair Hardemon: Hearing none, then I'll accept the motion by Commissioner Gort.
I'll be the seconder as Chair for its passage, as indicated by our illustrious
Francisco Garcia,, the department head. Any further discussion about the motion?
Hearing none, all in favor -- well --
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item PZ. 70.
A roll call was taken, the result of'which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
PZ.11 ORDINANCE Second Reading
1428 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM T3-0, "SUB -URBAN TRANSECT ZONE -
Zoning OPEN", TO T4-0, "GENERAL URBAN TRANSECT ZONE -OPEN", FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 20 AND 30
NORTHWEST 34 STREET AND 23 NORTHWEST 33 STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13662
City of'Miami Page 134 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardemon: The Chair would like to entertain a motion --
Commissioner Gort: Move it.
Chair Hardemon: -- and in the same breath as --
Commissioner Carollo: Second.
Chair Hardemon: -- Mr. Garcia. It's been properly and seconded. And hopefully,
our City Attorney can capture exactly what we mean by that.
Victoria Mendez (City Attorney): I wanted to confirm that the addresses, as listed,
and the rezoning are correct with regard to the -- any changes.
Francisco Garcia (Senior Director Planning & Zoning): Thank you for the ability
to clarify. Again, to make it abundantly clear, the addresses reflected in the title
pertain to the entire property that is the subject of the application. The proposal that
I believe the applicants agreed to is to shift the proposed change in boundaries, in
terms of zoning designation, to align with the existing zoning boundary to the north.
If the line -- if'the zoning boundary to the north were to be extended southward, to
the extent that this line, the extended line divides the subject property, that which is
to the east of'the line would be rezoned; that which is to the west of'the line would
not.
Ms. Mendez: Do we have a new sketch or anything with regard to that?
Ines Marrero-Priegues: We've always traveled under the addresses for the property,
and the addresses are 20 and 30 Northwest 34th Street; and the other property is 23
Northwest 33rd Street.
Mr. Garcia: Fair enough; that covers it.
Ms. Mendez: All right. That's what wanted to be clear for the record with regard
to the addresses on the area that's going to be rezoned.
Chair Hardemon: Is there anyone from the public that would like to speak on item
PZ. 11 ? Seeing none, Madam City Attorney, would you read it into the record?
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Harmon (City Clerk): Roll call on item PZ. H.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
Ms. Marrero-Priegues: Thankyou very much.
City oj'Miami Page 135 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Thank you.
PZ.12
ORDINANCE Second Reading
1542
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
ABSENT:
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY AT 100 NORTHWEST 17 STREET, MIAMI,
FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"
TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS;
DIRECTING TRANSMITTAL TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13663
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardemon: Item PZ. 12.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Items
PZ. 12 and PZ.13 are companion items. They, are the land use and zoning change
proposed for the property known, as the Dorsey Library property. The intended
change is from T3-0, which is the present zoning designation, to CI, which is civic
institutional, for purposes of refurbishing and putting to its appropriate use the
Historic Dorsey Library. This is before you on second reading.
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been --
Commissioner Carollo: Second.
Chair Hardemon: -- properly moved and seconded. Is there any comment from the
public about this item? Seeing none, any discussion from the dais? I'll say, you
know, Commissioner -- Vice Chairman, thank you for guiding its along with the
Omni Redevelopment Agency and in assisting in rehabbing this structure. That's
something that we've wanted to do in the Overtown community; lacked the funds to
do it. And so, you know, we appreciate your guidance in making that a reality. And
so, these are the steps that it must go through to ensure that we formally have the
correct zoning and land use to go with this type of project. And so, you know, I
really appreciate that, and I think everyone there in that community appreciates it,
and I just wanted to let you know that, on behalf'of them, really.
Vice Chair Russell: Thank you, Chairman.
City of'Miami Page 136 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Any further discussion?
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item PZ. 12.
A roll call was taken, the result of which is stated above.
Mr. Harmon: The ordinance passes on second reading, 4-0.
PZ.13 ORDINANCE Second Reading
1543 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 100 NORTHWEST 17TH STREET, MIAMI,
FLORIDA, FROM T3-0, "SUB -URBAN TRANSECT ZONE OPEN", TO
CI, "CIVIC INSTITUTION ZONE"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 13664
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardemon: PZ.13.
The Ordinance was read by title into the public record by the Citv Attorney.
Chair Hardemon: Is there anyone from the public that would like to speak on this
item? Hearing none, the Chair would like to entertain a motion.
Commissioner Gort: Move it.
Vice Chair Russell: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved by the Vice Chairman; seconded by
Commissioner Carollo. Any further discussion? Hearing none, Mr. City Clerk.
Todd B. Hannon (City Clerk): Roll call on item PZ 13.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading 4-0.
Chair Hardemon: Thankyou very much.
City of'Miami Page 137 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.14
ORDINANCE Second Reading
1438
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
Zoning
("MCNP") OF THE CITY OF MIAMI ("CITY") BY AMENDING AND
ADDING, GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS
OF THE CITY'S MCNP TO ACCOMMODATE A RESIDENTIAL
DENSITY INCREASE, UP TO ONE HUNDRED (100) PERCENT IN
CERTAIN CASES, WHEN DEVELOPMENT ACCOMMODATES A
SPECIFIC MIX OF WORKFORCE, AFFORDABLE, AND EXTREMELY
LOW INCOME HOUSING; PROVIDING FOR TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13666
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Frank Carollo, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For additional minutes referencing item PZ.14, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: PZ.14.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. 1'd like to
describe -- I'd like to actually invite you to think of items PZ.14 and PZ.20 as
companion items. They are respectively the amendment to the Comprehensive
Neighborhood Plan and the amendment to the Zoning Ordinance, to provide what
we -- frankly, we propose to use a very, forward thinking, if not one of the most
progressive pieces of legislation in the State of Florida, pertaining to incentivized
affordable housing. The sponsor of the item, Commissioner Carollo; members of the
affordable housing development industry; and your Planning & Zoning Department
have worked on this for some time, and we are proud to present it to you today for
your consideration on second reading. Certainly, our recommendation is of
approval, as was the recommendation of the Planning, Zoning & Appeals Board. I'll
add in parentheses that this has been vetted by the State of Florida; and also,
recommended for approval, with some minor changes by the Department of
Economic Opportunity. The changes are minor, and they have to do with form much
more so than with substance; the result would be the same. We did run -- and this, I
think, is worth noting, because it'll probably come up again as we continue to pursue
even more thorough affordable housing policy. It did run into some comments and
some reservations from the Florida Department of Transportation, and because we
are proposing that there be density bonuses associated with this legislation, they
were concerned about the undue impact the additional density might have on the
established network, the infrastructure that we have for transit and transportation.
We -- and they then, in turn, required that we provide data and an analysis that
would assuage their concerns that it would result in impact that we could not
sustain. I'll tell you briefly that we're comfortable it does not. If, for no other reason
-- there are various -- but the succinct version of it is that there is plenty of density in
the City of Miami that, as you know, will never be fully materialized. There is very
seldom a project that fully takes advantage of the density allotted to them, and so, we
City of'Miami Page 138 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
think of this as capturing some of that lost density and actually making it happen for
affordable, extremely low income and workforce housing. For that purpose, we
think the infrastructure is adequately suited to handle this; notwithstanding that,
what the Department of Transportation has asked us to do is to provide them, within
approximately one year, with an analysis to give them further evidence that, in fact,
there will be no net impact. And so, what I would ask you to include in your motion
and for consideration is that you charge as -- although we will do it gladly -- to
conduct such a study, to be presented first to you, and subsequently to the
Department of Transportation, assessing what impact, if ' any, may come about as a
result of development that responds to this ordinance. With that said, were
prepared to make a full presentation, if that is your wish, or I'll gladly answer any
questions you may have, and yield to public comment.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. You know, I spoke about this in
-- when it came in first reading, and this is exactly what we need, is innovative
thinking -- I guess, if it was 10, 15 years ago, we'd say it's thinking outside the box --
in a way to really address issues with workforce, affordable and extremely low-
income housing. You know, it is aggressive, but it's something that needs to be done,
and I think this is something that we will be wasting an opportunity if we don't move
,forward and make sure that this housing crisis that we're facing is tackled with
innovative thinking and innovative legislation, like this is. With that, I move it, with
the amendments of --
Vice Chair Russell: Second.
Commissioner Carollo: -- Francisco Garcia.
Chair Hardemon: It's been properly moved and seconded. Is there any person from
the public that would like to make comments? If so, please approach any of the
lecterns now.
Elvis Cruz: Thank you, Mr. Chairman. Elvis Cruz, 631 Northeast 57th Street. Since
the last time I was here, I have been elected the president of.the Morningside Civic
Association; however, today, 1 am speaking in my usual capacity here at City Hall as
a citizen, activist and not on behalf of the MCA (Morningside Civic Association). I
would like to address three items at the same time, since they are related on the
agenda: PZ.14, 19 and 20, with the permission of the Chair.
Chair Hardemon: Um-hm.
Mr. Cruz: There's a big problem in that, as Pin sure you're all aware, the City of
Miami is already zoned to allow eight -times the number of housing units that existed
on the 2010 census. The City is hugely over -zoned with density. The idea that you
can throw density at a problem and hoping that it will correct it has other
unintended consequences and side effects that, as the Planning director mentioned,
FDOT (Florida Department of Transportation) is aware of. Also, earlier on the
agenda, there was an item regarding problems in Shenandoah with spillover
parking. Having these extra -dense buildings with, these sort of benefits, while a
laudable goal, if those were in proximity to T3 neighborhoods, you would have a big
spillover parking problem. Therefore, I would recommend that these buildings not
be allowed within a quarter mile of an existing T3 zone. Why a quarter mile?
Because a quarter mile is the distance that is specified in the legislation for
proximity to a transit corridor; that way, we wouldn't be robbing Peter to pay Paul.
City of'Miami Page 139 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Also, the buildings are too tall. They use the super -sized floor heights of Miami 21,
which should have been changed years ago. For example, in Zoning Code 11000, an
R3 building had a height limit of 50 feet, which translated to five stories. In Miami
21, R3 became T5, which is still five stories, but because of Miami 21's super -sized
floor heights, thatfive-story residential building could be 75 feet tall, and taller than
that if it was -- had a commercial floor on the bottom. With this legislation, the 20 --
the 75 -foot -tall building could have seven stories. But now, let's get to the heart of
the matter. Why is housing so expensive in the City of Miami? There were two
articles in the newspaper; you probably saw them in the last week. Let me quote two
sentences. "Between August 2015 and July 2016, foreign nationals spent 6.2 billion
on South Florida residential real estate, according to the Miami Association of
Realtors. That's 39 percent of total home spending in the region; 39 percent. " And
then, on February 10, the article said, "Foreign investment in the condo market has
drivenn up home prices well beyond what most locals can afford. " That is the $6.2
billion gorilla in the room. That is the problem. You need to put water on the fire,
not on the smoke. So I would recommend that you put on your thinking caps. There
were a couple possible solutions that are mentioned in those articles, but that's the
long-term problem that we have here. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Albert Milo: Good afternoon, Mr. Chairman. Albert Milo, principal with Related
Urban. As I mentioned at first reading we're in full support of the ordinance. We
think its very forward thinking on behalf of the City. You -- just in the previous item
that was being discussed, you're trying to find ways to produce affordable and
workforce housing. I couldn't disagree more with Mr. Cruz' statement that supply is
not the way to achieve that. The only way to get there is with more production of
affordable and workforce housing. You currently got two types of developments
being built today: either fully subsidized developments, which are serving people of
60 percent of AMI (average median income) or below, which is $29,600 income_for a
single person. So every college graduate is going to make more than that. So with --
in essence, without this type of ordinance, without this type of carrot, without these
types of incentives, what you're telling your young adults is to go to college, obtain a
degree, get a career, but don't come live in the City of Miami. That's the facts. You
know, we're working -- I know Commissioner Russell, Commissioner Carollo are
familiar with, you know, now, as we move into some of these mixed -income
developments, were also working with another big challenge, which is public
education. And as happened, and it happened at that meeting when the School
Board has agreed to work with us to build a school, the main question was, "Well,
how many units can you provide for teachers?" When you look at the -- when you
look at what a teacher -- a starting teacher makes, a starting teacher makes $42, 000
a year. $42,000 is 85 percent of AMI. Well, there are no programs in place to
subsidize 85 percent of AMI units. So, but for these type of ordinances that are
going to allow you to create some economies of scale, then you're not going to see
that production of affordable, and more importantly, workforce housing, because at
least affordable housing has dedicated,funding sources and dedicated programs to
fund this. There aren't any for workforce housing. So the message that the City of
Miami can't send is to the young professionals, "Hey, this is great, and you'll see all
these high-end projects, " or "You have to have a low-end project, but if you're in the
middle, we've got nothing for you. " And that's the reality of the message. And as far
as the density is concerned, it's also important, as the urban area of Miami grows,
you can't think suburban; you're going to have to think urban, and by that, I mean --
again, the School Board's a perfect example. This school is going to be built in a fill
urban site, in a partnership with the City of Miami, with Miami -Dade County, and
the School Board, and the private sector. So we can't have it both ways; either we're
going to address the crisis, and the only way to address the crisis is with supply.
City of'Miami Page 140 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
There's no other way to do it. The City doesn't have the funds to subsidize_full-blown
workforce housing. It's not going to happen butfor these type of incentives.
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: Yes, sir.
Commissioner Suarez: Thanks.
Commissioner Carollo: Can --
Commissioner Suarez: Go ahead, go ahead, -jump in..
Commissioner Carollo: Commissioner Suarez, can you just yield?
Commissioner Suarez: Yeah, yeah.
Commissioner Carollo: Only because I just want to mention something -- or follow
up on something that Mr. Milo said. He mentioned the schoolteacher, but also --
and this is why it's so important to have attainable housing, where you're actually
looking into workforce, affordable, and extremely low income, because it's not just
the teacher; it's the janitor, it's the bus driver, its the cafeteria worker. So you're
addressing all those issues; not just one income level.
Chair Hardemon: Your City of Miami employee.
Mr. Milo: Public Defender, State Attorneys.
Chair Hardemon: So --
Mr. Milo: You know, we've met with all of the different employers, and it's the same
concern.
Commissioner Carollo: Exactly.
Mr. Milo: So the message that you can't send is, "Well, unless you were fortunate
enough to own a home from 20 years ago and you still live there, then you know
what? Now we don't have a place for our new workforce. " So I think, you know, this
is -- it is progressive thinking, but I think it's a step in the right direction of what the
City needs to be pushing forward on.
Commissioner Suarez: Yeah. I mean, I agree. I think, you know, the law of supply
and demand is the law of supply and demand, it's that simple. I mean, the fact that --
the reason why a 200 -square -foot apartment in New York is getting a ton -- you
know, incredible rents is the same reason why foreign buyers are buying properties
in the City of Miami. That's where people want to be. People want to be in the City.
And we can't say, "Well, this year, we're just not going to take any money from
foreign investors or people who want to" -- "who live from another place and want to
be here, and want to live in the City of Miami. " It's just not the way it works. Aside
from it being unconstitutional, its just not a good idea. The way that our City has
grown and the way, that places like New York has grown is because people want to
be there. And if we don't have a greater supply, the price of property is never going
to come down. By the way, every single project is the same, and I'll explain to you
what I mean by that. For purposes of an investor or a bank, every single property is
the same. The bank's going to finance it. They want an interest rate. The investor is
going to invest in it. They want a rate of'return. It's all the same. The -- what makes
affordable affordable, or what makes it doable is that you can get a subsidy or you
City of'Miami Page 141 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
can get property, and that messes with the numbers and such that you can still get
that rate of return, giving that product at the end of the day, which is 300, you know,
dollars, or 400 or 700 for a one -bedroom, or whatever the case. But every project is
the same. At the end of the day, if the investor is not getting 6 percent on his money,
the project is not doable, period. Okay? So it depends on what kind of subsidy mix
you put into it that's going to give you that 6 percent of return on your money to get
there at the end of the day, anyways.
Commissioner Gort: The incentive has to be created.
Commissioner Suarez: It's just the way it is. Now, what we also have been talking
about -- Mr. Chair, if I may -- is that as we densify, there has to be a connection
betweenn transportation infrastructures --
Vice Chair Russell: True.
Commissioner Suarez: -- and mass transit infrastructure and that density, because
what happens is, otherwise, we have traffic gridlock. When you have traffic
gridlock, Miami becomes what they call "unlivable, " and then people don't want to
come here anymore. The desire is not here, the demand is not here, and therefore,
you don't get -- you know what I mean? -- people wanting to come and live in the
City of Miami, so.
Mr. Milo: I agree. That's why --
Commissioner Gort: This is where the trolley becomes a feeding system to the
public transportation.
Chair Hardemon: Are there any other persons from the public that'd like to speak
on item PZ.14? Any further discussion from the dais regarding PZ.14? Hearing
none, Madam City Attorney -- oh, one (UNINTELLIGIBLE).
Commissioner Suarez: Roll call
Mr. Garcia: Yes, sir. 1 just wanted to add, because I think it adds to the
conversation; it certainly, hopefully, becomes fertile soil for future discussions.
We've been mindful of' the issue that there has to be a connection between the
additional density and the transportation infrastructure. We've actually crafted this
ordinance so that only properties which are in transportation corridors or within
transportation -oriented development areas are eligible to obtain the additional
density. And hopefully, that will go partly towards addressing the eternal issue of we
cannotprovide additional transportation infrastructure unless there is demand for it.
What we need to do first -- the only thing we can do on our end is to provide that
additional demand, and hopefully, those who can will respond by providing
additional transportation. That's all1 have Thank you.
Chair Hardemon: Madam City Attorney.
Victoria Mendez (City Attorney): Thank you, Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: As amended.
Todd B. Hannon (City Clerk): Roll call on item PZ.14.
A roll call was taken, the result of which is stated above.
City of Miami Page 142 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
MOTION TO: Continue
RESULT: CONTINUED
MOVER:
Mr. Hannon: The ordinance passes on second reading, as amended, 5-0.
PZ.15
ORDINANCE First Reading
1673
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF 0.179± ACRES OF REAL PROPERTY
LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY,
MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED
COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. Item PZ.15 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record. For minutes referencing item PZ.15, please see "Part B: PZ
-Planning and Zoning Item(s)."
PZ.16
ORDINANCE First Reading
1674
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning
CLASSIFICATION OF THE SOUTHERN PORTION OF THE
ABSENT:
PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE
HIGHWAY, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A",
ATTACHED AND INCORPORATED, FROM "74-0", GENERAL URBAN
TRANSECT ZONE -OPEN", TO 75-0", URBAN CENTER TRANSECT
ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
City of'Miami Page 143 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Note for the Record: Item PZ.16 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note far the Record: For minutes referencing item PZ.16, please see "Part B: PZ
-Planning and Zoning ftem(s). "
PZ.17
ORDINANCE First Reading
1675
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT
APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7
STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. Item PZ.17 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record. For minutes referencing item PZ.17, please see "Part B: PZ
-Planning and Zoning Item(s)."
City of'Miami Page 144 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.18
ORDINANCE First Reading
1676
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
"T4
Zoning
CLASSIFICATION FROM -L", GENERAL URBAN TRANSECT
ZONE -LIMITED, TO 75-0", URBAN CENTER TRANSECT ZONE -
OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109
SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record: Item PZ.18 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Nate far the Record: For minutes referencing item PZ.18, please see "Part B: PZ
-Planning and Zoning Item(s). "
PZ.19
ORDINANCE First Reading
1677
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and
OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE
"DEFINITIONS
Zoning
1, SECTION 1.2, ENTITLED OF TERMS", TO ADD A
DEFINITION FOR ATTAINABLE WORKFORCE HOUSING; AND BY
AMENDING ARTICLE 3, CREATING A NEW SECTION 3.16,
ENTITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS', TO ADD INCENTIVES FOR THE
DEVELOPMENT OF PROJECTS PROVIDING HOUSING ENTIRELY
FOR WORKFORCE POPULATIONS ABOVE SIXTY PERCENT (60%)
OF THE AREA MEDIAN INCOME ("AMI") AND AT OR BELOW ONE
HUNDRED FORTY PERCENT (140%) OF THE AMI AS ESTABLISHED
BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Frank Carollo, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
City of'Miami Page 145 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Note for the Record: For additional minutes referencing item PZ.19, please see
"Public Comment Period for Planning and Zoning Item(s). "
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Move on PZ.19.
Commissioner Suarez: Second.
Chair Hardemon: Its been properly moved and seconded to pass PZ.19. Madam
City Attorney, can you read that into the record, PZ.19?
Victoria Mendez (City Attorney): Yes.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there anyone from the public that would like to speak on that
item, PZ.19?
Steve Wernick: Good afternoon. Steve Wernick, here on behalf of myself, 2501
Swanson Avenue. I think this is a great piece of legislation. I believe it's on first
reading this afternoon. One thing I would encourage you all to look at is just the
calibration of incentives for the workforce housing,because they are different than
the attainable mixed -income housing approach, and I think, specifically, for T5,
where you have a lack of residential development that goes on in T5 today, just
because of the parking requirements, the limited height, the density, the mix, I think
the incentives could be amplified a little bit to get some additional workforce housing
out of this ordinance, and I think there's time to do that before second reading.
Thank you.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you for that, Mr. Wernick. And by the way, that's
why we have two different ordinance; one for attainable, which is affordable
workforce and extremely low income in one building, and that's why we have this
d&rent one, this different ordinance, just addressing our workforce.
Chair Hardemon: Any further comments from anyone from the public? Hearing
none, any comments f -om the dais? Seeing none, Mr. Citv Clerk.
Todd B. Hannon (City Clerk): Roll call on item PZ.19.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0.
City of'Miami Page 146 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
PZ.20
ORDINANCE Second Reading
1177
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and
OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE
"DEFINITIONS
Zoning
1, SECTION 1.2, ENTITLED OF TERMS", TO ADD
DEFINITIONS FOR AFFORDABLE HOUSING, ATTAINABLE MIXED -
INCOME HOUSING, EXTREMELY LOW INCOME HOUSING, AND
WORKFORCE HOUSING; AND BY AMENDING SECTION 3.15,
ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS" TO ADD INCENTIVES, INCLUDING
DENSITY BONUSES, FOR THE DEVELOPMENT OF PROJECTS
PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR
BELOW ONE HUNDRED AND FORTY PERCENT (140%) OF AREA
MEDIAN INCOME, AS ESTABLISHED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13665
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For additional minutes referencing item PZ.20, please see
"Public Comment Period for Planning and Zoning Item(s). "
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Move PZ.20.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. Madam City Attorney, can you
read PZ.20 into the record?
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there anyone from the public that would like to speak on item
PZ. 20?
Albert Milo: Just a point of clarification for staff On the ordinance and the comp
plan amendment, does -- is that going to -- does the FDOT (Florida Department of
Transportation) comments hold up implementation?
Francisco Garcia (Senior Director, Planning & Zoning): No, absolutely not. A
fact, the way I see it, it encourages implementations that we have then the one year,
and now it's just prior to -- our process begins.
City oj'Miami Page 147 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: Can you state your name for the record, sir?
Mr. Milo: Albert Milo, principal of Related Urban.
Chair Hardemon: Thank you very much. Is there anyone else that would like to
make a comment? Hearing none, are there any discussion -- is there any discussion
from the dais? Seeing none, Mr. City Clerk.
Todd B. Hannon (City Clerk): Roll call on item PZ.20.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
PZ.21
ORDINANCE First Reading
1690
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Department of
OF MIAMI, FLORIDA, AMENDING ARTICLE 5, SECTION 5.6.1(G),
Planning and
ENTITLED "BUILDING DISPOSITION (T6)" TO ALLOW PROPERTIES
Zoning
IN T6-24 TO TAKE ADVANTAGE OF EXISTING PROVISIONS
ALLOWING PROPERTIES IN T6-36 AND ABOVE TO HAVE NO
FRONTAGE SETBACKS ABOVE THE EIGHTH FLOOR FOR A
FRONTAGE FACING A CIVIC SPACE OR RIGHT-OF-WAY SEVENTY
FEET OR GREATER IN WIDTH; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Frank Carollo, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Carollo, Suarez
ABSENT: Gort
Chair Hardemon: Item PZ.21.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item
PZ.21 is an amendment to Miami 21, the Zoning Ordinance, before you on first
reading. This amendment --1'm sorry, is that first reading or second reading?
Commissioner Carollo: Second reading.
Mr. Garcia: Second.
Commissioner Suarez: Move it.
Commissioner Carollo: No, first reading, first reading.
Chair Hardemon: First reading.
Mr. Garcia: I apologize. Before you on first reading, and it has the -- it provides
the ability -- or the flexibility, rather, to apply for waivers for the step -back
requirements in T6-24. These requirements for this flexibility is already provided for
in T6-36 and above. T6-24 is of essentially, the same sort as those higher zoning
City of'Miami Page 148 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
designations, and I have to emphasize that this flexibility is only available if the
project or the site fronts a 70 foot right-of-way, or wider, which then provides for the
appropriate lights and the appropriate floor there that Miami 21 calls for. We
recommend approval, as did the Planning, Zoning & Appeals Board. I'm happy to
answer any questions.
Commissioner Carollo: Move it.
Vice Chair Russell: I'd like to second it --
Commissioner Gort: Second.
Vice Chair Russell: -- with discussion.
Chair Hardemon: It's properly moved and seconded. Discussion.
Vice Chair Russell: Thank you. I understand the benefit of this, but I'd like to
challenge this on second reading to look at a potential amendment in a very, similar
vein to where you've been going today, Commissioner Carollo. I think there's a
value to this that is being given unconditionally to anyone within a T6-24 that fronts
a 70 foot right-of-way or more, where they will be able to, by eliminating the setback
at certain heights, gain additional space. And so, what I would offer, potentially, for
second reading, would be an amendment -- I haven't worked out the exact wording
yet, but that I believe a waiver is necessary in order to waive the setback
requirement; that upon application of that waiver, perhaps the square footage
gained at each floor by removing that setback would actually contribute to the
Affordable Housing Trust Fund through the calculation.
Victoria Mendez (City Attorney): Vice Chairman, can you repeat exactly what the
amendment --
Vice Chair Russell: Sure.
Ms. Mendez: -- entails? I just want to know if it's single subject, and it could be
done (UNINTELLIGIBLE).
Commissioner Carollo: And I think the amendment's for second reading; not for --
Ms. Mendez: No, no, I understand.
Vice Chair Russell: And we can work on it.
Ms. Mendez: I just want to know if it's --
Commissioner Carollo: Right.
Ms. Mendez: -- more expansive.
Vice Chair Russell: More expansive than -- oh --
Ms. Mendez: Than what's --
Vice Chair Russell: -- than what is on f rst reading?
Ms. Mendez. Right, right.
City of'Miami Page 149 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: Basically, yes. We'd be adding -- yeah, maybe we need to do it
now then. So where they would require a waiver to dispense with the setbacks, the
square footage gained at each floor where the able to dispense with that would
create a calculation that would be multiplied by the factor for the Affordable
Housing Trust Fund, just as it would in the bonus program. So the square footage
gain would create a payment into the Affordable Housing Trust Fund.
Ms. Mendez: I think that --
Vice Chair Russell: That might need to go in on first reading in order to not --
Ms. Mendez: No.
Vice Chair Russell: -- become a broader --
Ms. Mendez: No. It was more about what we advertised, because what we -- what
this was really doing is waiving setbacks --
Vice Chair Russell: Yeah.
Ms. Mendez: -- and what you're doing is just a little more expansive, so we'll see if
we can bring it in on second reading. That's what I'm -- when I say "expansive," it's
Vice Chair Russell: If you're concerned, we can. I'd rather do a, floor amendment to
the first reading so that we can pass it with it.
Ms. Mendez: Right. Its, more --
Vice Chair Russell: Is that --?
M.Y. Mendez: No. It's basically what we advertised versus what you're asking now
may need a whole new ordinance. So I -- if it has to do more with your --.just
basically bonuses or -- because here, what this ordinance did is waived setbacks.
Vice Chair Russell: Right.
Ms. Mendez: And what --
Vice Chair Russell: This changes nothing from that.
Ms. Mendez: Right, but it's adding now this new provision of, you know, waivers
and --
Vice Chair Russell: No, but you need a waiver anyway to put the setback-.
Ms. Mendez: No, no, I understand. But for the other item that you're presenting. I
will try to see if we can place it in on second reading, and it's not totally different or
too expansive, if not, we may need to bring a first reading ordinance, doing what
you're asking.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Is it possible to pass it as is, and even maybe pass it as is on
second reading, and then bring back an ordinance --
City of'Miami Page 150 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: That's what she suggested.
Commissioner Carollo: -- that stipulates -- yeah.
Vice Chair Russell: She -- that -- she thinks that may be cleaner. Is that what you're
suggesting?
Commissioner Carollo: Right.
Chair Hardemon: It may be more expansive (UNINTELLIGIBLE).
Ms. Mendez: Right. I mary need to bring a new first reading ordinance for what
You're asking for next time, but we'll -- but the sponsor; I believe, is saying that you'd
rather this be --
Commissioner Carollo: The sponsor is all of us.
Ms. Mendez: That's right.
Commissioner Carollo: The sponsor is City Commission.
Ms. Mendez. Yes, yes; you're right. I will double check if we could do that,
Commissioner. I'm just not positive. It may be a little more expansive than what this
item was, so.
Vice Chair Russell: Fair enough; either way. If we can do it within this one, great;
if not, we'll bring the second one in. Thank you.
Ms. Mendez: Thank you.
Commissioner Carollo: So we're --
Iris Escarra: If I may just -- sorry --just to make one point of clarification. Iris
Escarra, with offices at 333 Southeast 2nd Avenue. To add to Commissioner
Russell's suggested modification, to the extent that a payment is not made, if'
workforce housing is provided onsite, the equivalent square footage be satisfied by
that additional setback square footage; if that would be a consideration in the
amendment that you're proposing.
Vice Chair Russell: Even better.
Ms. Escarra: Thank you.
Chair Hardemon: Is there anyone else from the public that'd like to make a
comment on item PZ.21 ? Seeing none, further discussion?
Commissioner Carollo: The only thing, Mr. Chairman, second reading will be in the
next meeting, correct; March 9? Okay; just verging.
Chair Hardemon: Any further discussion? Seeing none.
Todd B. Hannon (City Clerk): Title?
Chair Hardemon: City Clerk, I believe it was read into the record. Correct?
Mr. Hannon: You read the title, Madam City Attorney?
City of'Miami Page 151 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Chair Hardemon: ff not, just read it again.
Commissioner Carollo: Read it again.
Ms. Mendez: I'm sorry.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: And my apologies. Madam City Attorney, are we amending it on first
reading or is this --? Okay, as is.
Commissioner Carollo: As is.
Mr. Hannon: Understood.
Ms. Mendez: Yes. It would need another ordinance.
Commissioner Carollo: As is.
Mr. Hannon: Understood. Roll call on item PZ. 21.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on --
Commissioner Carollo: First reading.
Chair Hardemon: --first reading, 4-0.
PZ.22
RESOLUTION
1678
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
GRANTING/DENYING THE APPEAL FILED BY MICHAEL ESSER AND
Department of
REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC
Planning and
AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF THE
Zoning
APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS THAT WAS SOUGHT IN ORDER TO ALLOW
FOR THE DEMOLITION AND CONSTRUCTION OF A NEW
PROPERTY LOCATED AT APPROXIMATELY 956 SOUTHWEST 3RD
STREET, MIAMI, FLORIDA, WHICH IS LOCATED WITHIN THE
RIVERVIEW HISTORIC DISTRICT.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record: Item PZ.22 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
City oj'Miami Page 152 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Nate far the Record: For minutes referencing item PZ.22, please see "Part B: PZ
-Planning and Zoning Item(s)."
PZ.23
RESOLUTION
1679
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
GRANTING/DENYING THE APPEAL FILED BY MICHAEL ESSER AND
Department of
REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC
Planning and
AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF THE
Zoning
APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS THAT WAS SOUGHT IN ORDER TO ALLOW
FOR THE DEMOLITION AND CONSTRUCTION OF A NEW
PROPERTY LOCATED AT APPROXIMATELY 964 SOUTHWEST 3RD
STREET, MIAMI, FLORIDA, WHICH IS LOCATED WITHIN THE
RIVERVIEW HISTORIC DISTRICT.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. Item PZ.23 was continued to the March 23, 2017 Planning
and Zoning Commission Meeting.
Note for the Record. For minutes referencing item PZ.23, please see "Part B: PZ
-Planning and Zoning Item(s)."
END OF PLANNING AND ZONING ITEM(S)
City of'Miami Page 153 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
M - MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS
City of'Miami Page 154 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
D1 - DISTRICT 1
COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT
END OF DISTRICT 1 ITEMS
City of'Miami Page 155 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
D2 - DISTRICT 2
VICE CHAIR KEN RUSSELL
END OF DISTRICT 2 ITEMS
City of'Miami Page 156 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
D3 - DISTRICT 3
COMMISSIONER, DISTRICT THREE FRANK CAROLLO
END OF DISTRICT 3 ITEMS
City of'Miami Page 157 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
D4 - DISTRICT 4
COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ
END OF DISTRICT 4 ITEMS
City of'Miami Page 158 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
D5 - DISTRICT 5
CHAIR KEON HARDEMON
END OF DISTRICT 5 ITEMS
City of'Miami Page 159 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
FL - FUTURE LEGISLATION
END OF FUTURE LEGISLATION
City of'Miami Page 160 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
NA - NON -AGENDA ITEM(S)
NA.1
RESOLUTION
1845
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners and
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Mayor
EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY
AYES:
THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR A
ABSENT:
TERM OF THREE (3) YEARS, FOR THE PURPOSE OF
ENFORCING THE APPLICABLE PROVISIONS OF SECTION 21-
81(D)(1), (2), (4), (6) AND (7), AND CHAPTER 8CC OF THE MIAMI-
DADE COUNTY CODE WITHIN THE CITY OF MIAMI.
ENACTMENT NUMBER: R-17-0092
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissio
AYES:
Hardemon, Russell, Gort
ABSENT:
Carollo, Suarez
Chair Hardemon: I'm going to recognize my Vice Chairman. Vice Chairman.
Vice Chair Russell: Thank you. Thank you, Mr. Guba. I have a pocket discussion
item with regard to civil citations in lieu of arrest. This is something 1 believe that
the Chairman was working on with the Chief of Police. The County has a program,
which, I believe, seven cities have signed onto through MOU (Memorandum of
Understanding), where they can issue a civil citation for minor misdemeanors,
instead of arresting and sending to jail. One, this would obviously reduce the impact
on the jail system and the impact on the lives of minor offenders. But, two, in lieu of
what's going on with regards to immigration situation, this would keep people out of
the limelight of being processed through jail, where they might now be exposed to
deportation. So I wanted to bring it as a discussion item; not necessarily an actual
reso action, because I hadn't spoken with Commissioner Hardemon on how far it
had gotten. I did speak with the Chief of Police in understanding why we hadn't
signed onto this yet. He had a couple of issues that I believe we worked through, and
that was that there were a couple of the items in different misdemeanors which he
preferred not to have that option of offering a civil infraction instead of arrest. But
there may be a possibility of passing it as is, or creating the MOU as is, and the
Chief would still retain the ability, through selective enforcement and direction to his
staff, on which types of misdemeanors to actually arrest on versus civil citation. So I
have everything here. It may be too quick if everyone hasn't had time to look
through it, but the actual resolution is here, as well as the MOU, and there would be
no financial impact. So if the will of this Commission is here and everyone's in full
understanding, I'd be happy to bring a motion or co-sponsor with the Chairman.
Chair Hardemon: Yeah. I'm not too sure why we didn't move_forward. I know that
the -- I agree with the Chief.' It is --you know, I've -- as a criminal defense attorney,
when I looked at -- One of the issues that I had -- the only thing I wanted to, as I
remember, to be stricken from it was the loitering and prowling. So the loitering and
prowling is -- you know, you're trying to prevent a crime from happening. Many
times, police officers make a bad decision and arrest, anyway, when it comes to
loitering and prowling, because its, really based off of many things that are -- The
law is basically based on precedent, if you will, because once you get into the facts,
it's heavily based on precedent. And many times, just police officers don't -- they
City of'Miami Page 161 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
don't have that knowledge to go so far to make a good arrest; sometimes they do
make a good arrest, though. But, certainly, the loitering and prowling is just a
completely d fferent animal than many of these other things. I think that the County
let it in with regard to the possession of -- the 20 grams of cannabis and possession
of drug paraphernalia, et cetera. So I know that that was one of the issues that I
had. 1 don't remember why we -- why it kind of got stuck in the Legal Department,
but sometimes things get stuck in the Legal Department, and it's a lot of things that
are going on in the City, so that's probably what was going on. Chief did you have
anything that you thought -- was there anything else in here that you thought was of
concern?
Rodolfo Llanes (Chief of Police): No. I -- The only one that we discussed in our
meeting, it was trespass and the --
Vice Chair Russell: Prowling.
Chief Llanes: -- loitering and prowling statute, and so -- but in discussions and
preparation for this meeting, my legal advisor and I decided that we could move
forward with the HOU as is, and internally not allow officers the discretion to issue
civil citations for those two, if that was nay determination. We could use policy to
effect the non -enforcement -- the non -civil citation on those two crimes that I have a
problem with.
Chair Hardemon: But the two issues that you just spoke of -- like, for instance, I
would like to strike loitering and prowling. I just think that it's the best thing to do,
because the one thing I do not want is someone to get a -- The issue is this: The
Civil Citation Program -- when someone gets arrested and they're provided a civil
citation, it's a -- I've heard people describe it as a "get out of jail fi^ee card. " What it
is, is that it's an actual opportunity for that person to not go to -- through the
adjudication process. So if they complete whatever it is -- requirements that they
need to complete, then the case basically goes away.
Vice Chair Russell: Pay a civil fine.
Chair Hardemon: Right; it goes away. But what's important to note about it is that,
you know, you want to be able -- ij'you have that one shot, you want to be able to use
it on something where you actually felt like you did something wrong, you know,
where -- V messed up." And so, you have this one shot. And what I'm afraid of is
that when, someone gets arrested for something, for instance, like loitering and
prowling that the facts aren't there, and this is what happens with a lot of our
juveniles. The facts aren't there. It may not go -- if you took it to trial, you'd
probably win, but the thought of going to trial, the thought of going through that
process and having an adjudication on your record is so alarming to people that
they just take the program. It's like the PTD (Pretrial Diversion) Program; they just
take it. So, yeah --
Vice Chair Russell: You mean the citation?
Chair Hardemon: Right. So it's -- I'm --
Vice Chair Russell: But he wouldn't give them the option, is what he's saying.
Chair Hardemon: I -- no, I understand that, but he's not going to be here forever,
right? So sometimes policies change. So what I'm saying is that for certain types of
crime, especially, I just don't want it to be an option, because I think that -- You
know, you have kids that'll end up taking it on something that they probably
shouldn't have took it on. You know, it's -- all police of aren't, you know, the
City of'Miami Page 162 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
way that we would like them to be; man v of them are. And so, what I would
recommend is the striking of the loitering and prowling out of this. And this is
trespass on property other than a structural conveyance, so you're saying if you're
outside at a -- if you're in a --
Vice Chair Russell: Well --
Chair Hardemon: -- well, if you're on apiece of property, and you 're trying to move
them along and they don't want to leave, et cetera, they've been warned, I mean,
those things, 1 think, when the Chief looks at it, he looks at it more as safety. When
You look at littering; illegal use of dairy cases, which is the milk crates, sitting on a
milk crate; retail theft, shopping carts; possession of marijuana, I mean, those things
don't threaten people's property -- well, besides theft -- but that doesn't threaten
someone's person or their property, that something's going to be damaged. But
trespass and loitering and prowling are two things that could turn into something
very serious very quickly, and I think that that's what the concern of the Chief is. So
I'm with the Chief in the sense of saying, "Hey, I don't like those two. " If I were in
the County, I would have passed this, but I would have asked the same thing; to
remove those two, you know. But I don't think you really have any criminal defense
attorneys on the dais in the County, as well, so.
Vice Chair Russell: Thank you. And I would agree with that, and I agree with the
Chiefs concerns and assessment. My wonder is, will the County, accept the MOU?
Is this a unilateral discussion, or do you think that we would be able to strike these
two and be able to move forward with the County? Is there any sense of that?
Daniel J Alfonso (City Manager): I think I've I think the Chief has been talking to
the County for some time.
Chief Llanes: Well, I haven't talked to the Countv legal team. I've talked to the
County director, but I don't know what the County legal team would say about
signing an MOU without these two things. I'm not sure.
Chair Hardemon: 1 spoke --1 know 1 spoke with the Commissioner who sponsored
it and she wants -- you know, she would love for us to participate in this program,
but it's up to us to decide how we want to arrest our individuals in our jurisdiction.
So, you know, it's us -- it's kind of like --
Mr. Alfonso: I would say, if it's possible -- and not all the attorneys are here -- can
we strike those two items, sign it -- send it back and say, "We agree with everything
except for these two things, and if you guys agree with us" --
Chair Hardemon: Can't ask them to change their program. We're just saying that --
Mr. Alfonso: No, no.
Chair Hardemon: -- "Look, all the kids in the County, you can arrest them for
whatever you want to arrest them for, but the people in our -- people here that get
sent to you, they won't have these arrests."
Juan. Peru (Assistant Cit) Attorney): Correct. Through signing this interlocal, I
think it gives its the option to exercise the ones that are -- or those crimes that are
eligible, and those are listed, so we don't have to do all of them that the County
prosecutes, but we can do whatever Miami chooses to do.
Chair Hardemon: All right. And that's the word of our Assistant City Attorney.
City, of'Miami Page 163 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Mr. Perez: And we don't have to strike it, I mean.
Chair Hardemon: So you're saying no striking from the list? You're saying leave
that authority to the individual officers?
Vice Chair Russell: To the Chief and his --
Mr. Perez: Correct.
Vice Chair Russell: -- direction to those officers.
Mr. Perez: We'd have to develop some departmental policies or amend it to what
the procedure would be.
Chair Hardemon: But why make it so complicated? "Esta muy complicado, si?"
Commissioner Gort: "Muy complicada."
Chair Hardemon: "Estas muy cornplicado." Commissioner Gort.
Commissioner Gort: Now, my understanding, this is a victimless crime, right; where
there's no victim?
Chair Hardemon: When --
Chief Llanes: I mean, theft, there is a victim.
Commissioner Cort: Because if there is a victim --
Chief Llanes: It's -- the two issues that I have are really safety issues and are public
order issues. You know, sitting on a milk crate, you know, and you get a civil
citation, I'm good with that. The other; the possessionn of the cannabis, I have no
problem with. The other two that I have a problem with are really life -safety issues
that I'm not too comfortable with. Now --
Chair Hardemon: Right.
Chief Llanes: -- I understand what you're saying, is that --
Chair Hardemon: Which could not be --
Chief Llanes: -- the next Chief can then say, "Well, I'm good with them," and put
them in.
Chair Hardemon: Right.
Chief Llanes: And --
Chair Hardemon: And that's my concern. And in the loitering and prowling and the
trespass, you know, they're this far away from being victim issues. They're -- you
know what I mean? The milk crate thing, you know, the only, reason people get
arrested for sitting on milk crates is because the police want to (expletive) with them,-
point
hem;point blank, period. There's no store around here that cares -- oh, he took the milk --
"You took my, milk crate," right? The only, reason that you're getting arrested for
sitting on a milk crate is because the police officers don't want you there, you're in
public prop -- you're on public swale. You say, "Hey, you can't touch me, because
I'm on public property." And he'll say, "Yeah, but that milk crate you're sitting on is
City of'Miami Page 164 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
stolen property, because you're in possession of stolen property. " It is a milk crate.
We used to cut the bottoms out of them and put them on a pole, and shoot basketball
with them. I mean, they were basketball hoops for us. So what I'm saying there is
that, you know, I don't even think people should be getting arrested for that in this
day and age, but it is something that some officers use to stop and make arrests. And
so, even that, you know, you get a civil citation for being in possession of a milk
crate? It's like, ah -- You know, if I were a judge and 1 was sitting there, and I saw
these facts, 1 would literally say, "Really? Really?" Because now you're getting
arrested. Now you have taxpayer dollars going to the prosecution of it or this
program; 1 mean, just a lot of money for something that's, 1 guarantee you -- When
have you ever made an arrest for someone sitting on the possession of -- or sitting in
possession of a milk crate? Maybe a long time ago, when you first started?
ChiefLlanes: Never.
Chair Hardemon: Okay, good.
Chair Hardemon: So, you know, but --
Chief Vanes: In all seriousness and fairness, there's people who deal dope out of
milk crates. There is a public disorder issue, where people call and are upset about
guys hanging out on the milk crates.
Chair Hardemon: And they're sitting on milk crates.
ChiefLlanes: And we have to respond to thatpublic concern. And so, there's a tool
therefor you to be able to address the public's concern. And so, those are issues,
and we can, you know, make light of'it, but if you're the person that lives across the
street and you have a bunch of guys hanging out there, and you call its to respond --
Chair Hardemon: So they can sit on --
ChiefLlanes: -- we really need a tool to do something with it.
Chair Hardemon: Right. But they can sit on a chair, certainly. Right?
ChiefLlanes: Certainly.
Chair Hardemon: They can sit on their bikes.
ChiefLlanes: Certainly.
Chair Hardemon: We know what the signs of drug sales are, right? Bicycles, white
T-shirts, adult males riding around in the neighborhood in circles. I mean, these are
basic things. I mean, it's -- I think it's a good program. I think the target of it was
especially the marijuana stuff, because offcers know and people who've been
arrested know that once you get arrested for a marijuana possession, a simple
charge, most likely, you're going to get a withhold of adjudication, one day they're
going to send you home. So you don't really get much punishment for those things.
And what happens is, officers use that as gateway arrests to other things But if you
don't have anything else, you still get the arrest.for the marijuana possession, but it's
a lot of police work for nothing. It's a big use of taxpayer dollars, and it's not really
going anywhere. And now you have a place like Florida, where we've -- the State
has said that possession of maryuana -- well, we're allowed the medicinal use of
marijuana. So now even the assumption that because you smell maryuana, there's a
crime being committed may not be true in the fixture, so, I mean, we'll see.
City of'Miami Page 165 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
Vice Chair Russell: Mr. Chairman, I could go either way. I'd be happy, to remove
them and/or leave them in and leave it to the Chief to issue a departmental order on
how to handle those two issues. I do believe there is some urgency to try, to move on
it, and so, if you're interested in co -sponsoring, I'd be glad to make a motion on the
resolution, with or without that amendment, but I'll follow your lead.
Commissioner Gort: 1 would like to have the whole Commission here, though.
Chair Hardemon: Okay. Let's put it on the agenda for the next meeting, but I would
like to see it without the -- well, I would like to see it without the life -safety concerns.
Vice Chair Russell: That's fine. I agree with the logic in it. You don't -- If
somebody's trespassing and behind a window, and you don't want to write them a
ticket and then walk away.
Chief Llanes: I think that's bad policy for the person who lives in the house.
Vice Chair Russell: Yeah. You haven't really done your job then.
Commissioner Gort: Going back to my original question, I'm not an attorney, but if
there is a victim, that victim has a right to file a complaint.
Chief Llanes: But you're leaving it up to the officer's discretion in this case. And so,
if the officer's discretion at the time is to write a civil citation,, I think that if you were
the person who called the police about a guy in your yard and you saw the guy walk
away with a ticket, you'd be upset that that's what happened.
Chair Hardemon: Yeah. And it's --
Chief Llanes: And that's -- I don't want to put officers in the position to be in that
light.
Chair Hardemon: And part of the issue with the loitering and prowling is that the
officer needs to see the activity. So just because I saw it --
Chief Llanes: Correct.
Chair Hardemon: -- and 1 called the officer and said, "Hey, this guy is by my house
doing something odd and weird, the officer has to be able to see the conduct. If the
officer doesn't see the conduct, it's not loitering and prowling.
Chief Llanes: Right.
Mr. Alfonso: I think we also -- Mr. Chairman, you correct me if I'm wrong -- but we
also have a lot of vacant lots, where we ask the property owners to post "no
trespassing" --
Chief Llanes: Yes.
Mr. Alfonso: -- and those type of things so that we can avoid the conglomeration of
. folks in those lots, which creates other problems. So if you remove that, then it
becomes a little bit of less of an ability for us to move those people along.
Vice Chair Russell: Commissioner Gort, I don't know that we need to wait for the
other Commissioners. I'm not going to be here March 9. I'd love to get this on the
books if the will is here. You know, there is an urgency. There is an urgency. The --
I believe our fellow Commissioners must be in the building. We still have shade
City of'Miami Page 166 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
meetings left to attend and executive session. So I note their absence, but we do have
three votes to move forward rf the will is here for this.
Commissioner Gort: I'd like to have the (UNINTELLIGIBLE) remove the two items
that the Chief is asking for.
Vice Chair Russell: Agreed.
Chair Hardemon: I would agree with that.
Commissioner Gort: Okay.
Vice Chair Russell: I'd like to move the reso, with an amendment removing the
"trespass, prowling and loitering, " as well as -- was that it?
Chair Hardemon: That's it.
Vice Chair Russell: Yeah. And the same within the MOU.
Chair Hardemon: All right.
Vice Chair Russell: Been moved? I'm sorry.
Chair Hardemon: Been moved.
Commissioner Gort: Second.
Chair Hardemon: Seconded by Commissioner Gort. Any further discussion? Is
there anyone from the public that'd like to speak on this item; officers?
Commissioner Gort: No.
Chair Hardemon: All right. All in favor; say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Commissioner Gort: Ave.
Chair Hardemon: Motion passes.
Vice Chair Russell: Thank you.
City of'Miami Page 167 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
NA.2
RESOLUTION
1846
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
Commissioners and
THE CITY MANAGER TO WORK WITH THE OFFICE OF NEW
AMERICANS OF MIAMI-DADE, INC., A FLORIDA NOT FOR
Mayor
PROFIT CORPORATION ("OFFICE OF NEW AMERICANS"), IN
IDENTIFYING AND MAKING AVAILABLE LOCATIONS WHERE
WORKSHOPS CAN BE HELD FOR THE PURPOSE OF ASSISTING
PERMANENT RESIDENTS WITH THEIR APPLICATIONS FOR
UNITED STATES CITIZENSHIP; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING OR SIMILAR DOCUMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THIS
RESOLUTION; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR OF
MIAMI-DADE COUNTY, FLORIDA, THE MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS, THE NEW YORK CITY MAYOR BILL
DE BLASIO, CHICAGO MAYOR RAHM EMANUEL AND LOS
ANGELES MAYOR ERIC GARCETTI, THE CO -CHAIRPERSONS
OF THE CITIES FOR CITIZENSHIP, AND TO THE BOARD OF
DIRECTORS OF THE OFFICE OF NEW AMERICANS.
ENACTMENT NUMBER: R-17-0093
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort
ABSENT: Carollo, Suarez
Chair Hardemon: All right. We're going into our shade meetings.
Burnaby Min (Deputy Citv Attorney): I believe there's one more pocket item.
Vice Chair Russell: Which one was that?
Mr. Min: This is concerning the -- co-sponsored with the Mayor for the Office of
New Americans.
Vice Chair Russell: Oh, yes. Thank you. I don't have my backup on that. Yes. This
was a pocket item, looking for the will of the Commission to join Cities for
Citizenship, to help people who are on their path to citizenship; kind of lost their
way; who knows fbr what reason; didn't finish it up, but they're legal residents. We
would provide space within the City where workshops can be held by the County's
Office of New Americans that we would --
Commissioner Gort: Second.
Vice Chair Russell: --provide to help people get their citizenship.
Chair Hardemon: Been moved and seconded. Is there any discussion from the
public? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City of'Miami Page 168 Printed on 411 012 01 7
City Commission Meeting Minutes February 23, 2017
ADJOURNMENT
Vice Chair Russell: Thank you very much. Thank you, Burnaby.
The meeting adjourned at 7:48 p.m.
City of'Miami Page 169 Printed on 411 012 01 7