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HomeMy WebLinkAboutCC 2017-04-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes April 27, 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 April 27, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez Absent. Chair Hardemon On the 27th day of April 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 Vice Chair Russell at 9:05 a.m., recessed at 12:11 p.m., reconvened at 2:22 p.m., recessed at 3:30 p.m., reconvened at 4:08p.m. and adjourned at 5:37p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:13 a.m., and Commissioner Suarez entered the Commission chambers at 9:28 a.m. ALSO PRESENT.• Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Morning. Welcome to the April 27, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo "Willy" Gort, Frank Carollo, Francis Suarez; me, Ken Russell, the Vice Chair. Also on the dais are Daniel J. Alfonso, City Manager, Victoria Mendez, the City Attorney, and Todd Hannon, City Clerk. The meeting will be opened with a prayer by Commissioner Gort, followed by the pledge of allegiance by myself. Invocation and pledge of allegiance delivered. Vice Chair Russell: You may be seated. PR - PRESENTATIONS AND PROCLAMATIONS PR. 1 PROTOCOL ITEM 2204 Honoree Presenter Protocol Item Besty Kaplan Comm. Russell Certificate Of Appreciation Renzo Hernandez Comm. Suarez Salute Bob Budihas Comm. Suarez Salute Arbor Day Comm. Russell Proclamation 13 City Hall Maintenance Employees Comm. Russell Certificate Of Appreciation Mayor David Collado Mayor & Commissioners Key to the City Marjory Marc Comm. Gort Certificate Of Merit City of Miami Page 1 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 Services Milestone Awards City Manager City of Miami Pins 31 Fire Personnel Comm. Russell Certificate Of Appreciation RESULT: PRESENTED 1) Mayor Regalado and Vice Chair Russell proclaimed April 27, 2017 as Betsy Kaplan Day and paid tribute to Ms. Betsy Kaplan who transitioned from this life on February 2017; furthermore honored and commended the life of Ms. Kaplan who honorably and successfully served on the Miami -Dade Public School Board and was the champion of a board curriculum and arts program for students; she was called the "mother of public arts education. " Well into her ninetieth (90`h) year, Betsy still participated actively in the community, serving on numerous boards, including Actors' Playhouse and GableStage in Coral Gables; Gay, Lesbian, & Straight Education NetworklSafe Schools; WLRN,• the Miami Children's Foundation; and the Miami -Dade County Department of Cultural Affairs. 2) Mayor Regalado and Commissioner Suarez saluted Master Renzo Hernandez and paid tribute to his dedication in practicing and teaching Karate for more than forty (40) years with several Senseis (Masters). Master Hernandez is a black belt in Judo and Karate, and a fitness trainer. He presently teaches at 2755 S. W 37h Avenue in Miami and is highly respected for his expertise, dedication to his students, and strong family values. The City of Miami paused in their deliberations to honor and commend Master Hernandez for his noteworthy achievements which are a contribution to the community of the City of Miami. 3) Mayor Regalado and Commissioner Suarez saluted Grand Master Bob Budihas and paid tribute for his work and dedication in practicing and teaching Karate for more than forty-five (45) years. Sensei Budihas holds titles from the Regional and National Professional Karate Leagues, the A.A. U., the Florida Blackbelt Association, EA.M.E, and the World Wide Karate Organization. The City of Miami paused in their deliberations to honor and comment Grand Master Bob Budihas for his noteworthy achievements which are a contribution to the community of the City of Miami. 4) Mayor Regalado and Vice Chair Russell proclaimed April 28, 2017 as `Arbor Day Miami 2017. " Arbor Day, the 1872 brainchild of Nebraskan J. Sterling Morton, is now an international event that envisions the creation of a green society and fosters environment friendly initiatives that ensure livable communities for generations to come. In honor of National Arbor Day, the City of Miami has implemented the Miami Green Commission that encourages neighborhood groups and individuals to plant trees and, in so doing, improve the urban canopy, and supports the planting of over two hundred trees City-wide. Arbor Day calls attention to the importance of the tree as a renewable energy resource for wood, fuel, as a foil for erosion, a habitat for wildlife, and a natural canopy to moderate the temperature, enhance the vitality of our business areas, and beauty our community. 5) Mayor Regalado and Commissioners presented Certificates of Appreciation and recognized 13 City Hall Maintenance Employees for their notable contributions and honorable service at Miami City Hall. These employees work diligently in order to support the elected leadership of the City of Miami and their staff. Elected officials paused in their deliberations and expressed gratitude by offering them public recognition of their work and dedication in the maintenance of Miami City Hall. 6) Mayor Regalado and Commissioners paused in their deliberations to present the Key to the City of Miami to Mayor David Collado, the Mayor of Dominican Republic's capital Santo Domingo; furthermore, Mayor Regalado reaffirmed the sister Cities Agreement between the City of Miami and Dominican Republic. 7) Commissioner Gort presented a Certificate of Merit and paid tribute to Marjory Marc, a Gort Scholarship recipient, who is graduating from the Clinical Laboratory Studies program at Miami -Dade College. Ms. Marc attended this program to City of Miami Page 2 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 improve her family's economic situation and to impress upon her two children the value of education. The Gort Scholarship paid for her tuition, fees, and books, and also provided an educational stipend. Marjory Marc plans to enroll in the Biotechnology Bachelor's degree program at Miami -Dade College in the fall of this year and is very grateful for the life -changing opportunity which the Gort Scholarship afforded her. Elected officials wished her continued success in her educational and life endeavors. 8) Mayor Regalado and City Manager Alfonso presented Service Milestone Awards to various City of Miami Employees recognizing them for their years of service and commending them for their dedication and commitment to the City of Miami 9) Commissioner Carollo presented Certificates of Appreciation and recognized 31 City of Miami Fire Department Employees and paid tribute to them in recognition of their valuable contribution to the success of Pitbull's Third Annual New Year Revolution held at Bayfront Park and broadcast live nationally on FOX on December 31, 2016 It is because of their hard work that more than 150,000 residents and visitors who attended this highly anticipated event were able to enjoy a memorable New Year's Eve celebration in a safe and fun environment that aired live to over 2.6 million TV viewers, simultaneously showcasing our one -of -a -kind New Year's Eve experience while welcoming and encouraging future visitors to the Magic City. Vice Chair Russell: We'll now make the presentations and proclamations, and the Mayor is here just in time. If anyone is receiving a proclamation today, prior to coming up, if you could just wait in the wings. There's a door right around the edge here where you can come meet on the hallway, and just for efficiency sake; that way, you don't have to make your way through the crowd as you get called up. But if you know that you're receiving a proclamation today, key to the City, a salute, just this hallway on the side, as you can just enter as your name is called. Thank you very much. We'll go ahead and move the chairs. Presentations and proclamations made. Vice Chair Russell: All right, we're going to table the other protocol items until they're present, and we'll start the business of the day. Later... Vice Chair Russell: I'd like to break our Commission for a moment, as we have a very special guest visiting, and the Mayor has a special proclamation or a key to the City that he'd like to present. Mayor Tomds Regalado: Thank you, Mr. Chairman, and thank you. Presentation made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Feb 23, 2017 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Francis Suarez, Commissioner Frank Carollo, Commissioner Russell, Gort, Carollo, Suarez Hardemon Commissioner Suarez: Mr. Chair. City of Miami Page 3 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 MV - MAYORAL VETOES NO MAYORAL VETOES Vice Chair Russell: Yes. Commissioner Suarez: Would it be out of order to suggest a motion for the Planning & Zoning minutes before we do that? Vice Chair Russell: To approve the minutes? Commissioner Suarez: Yeah. Vice Chair Russell: The Planning & Zoning or the Regular agenda of the last Commission? Commissioner Suarez: City Commission Planning & Zoning, February 23, 2017. Vice Chair Russell: It's been moved -- Commissioner Suarez: So moved. Commissioner Carollo: Second. Vice Chair Russell: -- and seconded All in favor? The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Commissioner Suarez: You're doing a great job. I just wanted -- Vice Chair Russell: Anything else I forgot? Commissioner Suarez: No, no. You're doing great. Vice Chair Russell: All right, we're good. Commissioner Suarez: You're doing great. You're doing great. Commissioner Gort: Ask for the mayoral vetoes. Vice Chair Russell: Oh, any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: All right. Commissioner Suarez: Hell of a gavel you got there, buddy. Vice Chair Russell: It takes a village to raise a Commissioner -- Commissioner Suarez: Yeah, yeah, yeah. You got -- Vice Chair Russell: --a Chairman. City of Miami Page 4 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 101 N IN Me] a 9: 1;1 DINA Commissioner Suarez: -- hell of a gavel there. Vice Chair Russell: All right, thank you. Commissioner Suarez: Hell of a gavel. Vice Chair Russell: Thank you for your help. END OF MAYORAL VETOES Vice Chair Russell: Madam City Attorney, if you'll state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. 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 the 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 this Code section about lobbyists is available in the City Clerk's Office or online on wwwmunicode. com [sic]. Any person making a presentation, formal request, or 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 is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may state his or her first name, address, and what the item is being spoken about. A copy of this agenda item titles will be available at the City Clerk's Office, and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in 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 disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City City of Miami Page 5 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Attorney on items on the agenda today. At this time, the Administration will announce which items are being withdrawn, deferred, or substituted. Thank you. Vice Chair Russell: Commissioners, I've also asked for the Manager to provide you this in writing, just to speed up things today, so you've got all the deferrals, as well, but Mr. Manager. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Commissioners, good morning. The items that are going to be either deferred or withdrawn are SR.3; it will be deferred to May 11; FR.1, which is also being deferred to May 11; and FR.2 and RE 7 are being withdrawn. That is the request of the Administration. Vice Chair Russell: Everyone got that? I've also --you have it in writing in front of you, as well, so. Commissioner Suarez: So moved. Commissioner Carollo: Second. Discussion. Vice Chair Russell: It's been moved and seconded for discussion. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chair. Just two things. I'm going to -- it's not part of this, I guess, resolution or -- Vice Chair Russell: Order of the day. Commissioner Carollo: -- order of the day, but I'm going to want to table RE9 and 10, dealing with the budget, till after lunch break; give me a little extra time to review some of these items. And I need to leave today by Sp. in., although -- Vice Chair Russell: You got it; we'll be done. Commissioner Carollo: Maybe by -- Hey, that's what I like to hear. But anyways, if need be, I could come backprobably like around 7p. in., butt will need to leave from S till 7:30, more or less. Okay? Vice Chair Russell: Absolutely. While we're speaking on "Order of the Day, " we'll break for lunch. We'll do a two-hour lunch. Commissioner Carollo: Okay. Vice Chair Russell: If we need the shade meeting, we'll do that at 2p. in., and we'll get right into it. We did have a time certain for 2p. m., but I --just as a courtesy that --I'll let you know now that that will be deferred, that item; that was PZ. 1. Are there any other items to be --? Ms. Mendez: Mr. Chairman, I just wanted to clarify; the shade meeting cannot occur before 3p. in. Vice Chair Russell: Before 3, so we'll get back at 2; we'll go to the business of the day; we'll finish up the morning's agenda, if there's any left; we'll get into PZ (Planning & Zoning), if we have to; and at 3p. in. -- Madam City Attorney, do we -- we need the shade; don't we? Mr. Alfonso: We don't have to -- City of Miami Page 6 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: But -- Mr. Alfonso: -- if we can take a vote on the item without it, which is the Vice Chair Russell: I was going to move the item until -- table the item till the afternoon, so that if we needed the shade, we could. I think we should. Even briefly, I think we should do the shade meeting. Ms. Mendez: Okay, that's fine. Vice Chair Russell: Yeah. So 3p.m., we'll do the shade. We'll move -- which item is that? That is RE -- Commissioner Carollo: I Vice Chair Russell: --1. We'll move to the -- table it till the afternoon, as well, right after -- we'll take that up right after the shade meeting, if necessary. And then the budgetary items, we'll do in the afternoon, as well. I also have DI. 1, Mr. Wayne Pathman's quarterly update for the Sea Level Rise Committee. He requested an afternoon presence, as he's not here this morning, so DI.1 will be in the afternoon. Is there anything else for the order of the day? Mr. Alfonso: Mr. Chairman, just as a matter of courtesy, as you said, we'd like to call out the PZ items that will be asked to be deferred in the afternoon so that people don't necessarily sit around all day. Vice Chair Russell: Thank you, Mr. Manager. Mr. Alfonso: So, PZ items 1, as you stated, 3, 4, S, 6, 7, 8, 12, 13, and 14 will be deferred. Vice Chair Russell: We'll be out of here by lunch. Commissioner Gort: Will we have anything left? Mr. Alfonso: Yes. I think there's three items left on the PZ agenda. Vice Chair Russell: Very good. Commissioner Gort: 10, 11, 12. Vice Chair Russell: It's been -- Is there -- there was a motion and a second. All in favor; say "aye. " The Commission (Collectively): Aye Vice Chair Russell: Motion passes. We'll now move to the public comment period. Does anyone here who would like to speak on any one of the items this morning, not including the Planning & Zoning agenda? I'm your acting Chairman for the day. Our honorable Chairman, Commissioner Keon Hardemon, is on his honeymoon, I believe, and so we wish him the best, and I'll do my best while I'm here. For the public comment period, if you'd like to speak, I'll let you know how it's going to work today. Anyone who'd like to speak on any of this mornings items, anything other than Planning & Zoning items, they can line up at either of the lecterns now, or they can speak at the item when it is heard. You'll have approximately two minutes to speak. At your wish, you may give your name and address, but you do not have to. City of Miami Page 7 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Vice Chair Russell: Any other people would like to speak on this morning's items; that includes the consent agenda items; that includes public hearing items, second reading ordinances, first reading ordinances? Sir, you may be recognized. Unidentified Speaker: Good morning, Commissioners. I just very briefly want to touch on Discussion Item Number 1, which is the report from Mr. Pathman about the Sea Level Rise Committee. Sea level rise is a very clear and present threat here in the City of Miami, and I just want to say that I urge the Commission to support this committee in every way possible. This is a group of very talented, very dedicated volunteers. I've been to many of their meetings. As I said, they're completely dedicated to the cause, and I think they deserve your support, whether it be providing City funding; and certainly, that each of you spread the word and help this committee out as much as possible. And second item I want to mention very briefly is good news. There are rays of sunshine coming here to the City of Miami via solar cooperatives, and these cooperatives are groups of neighbors who formed together to get a steep discount on going solar, which will combat the effects of climate change and sea level rise. And if you all go to flsun.org, you'll see that the first solar co-op will have a meeting here in City chambers May 31 at 6: 30 p.m., and I'd like as many people as possible to attend, and for all of you to get the word out to your constituents that solar cooperatives are coming. Thank you very much. Vice Chair Russell: Thank you. Renita Holmes: Good morning, Commissioners, Mr. Chair. Madam Holmes, for the record, Madam Renita Holmes, speaking as executive director Wave of Women in Public Housing, Education, Finance and Development. You have to excuse me; I've recently been experiencing a lot of work, and still without the resources in dealing with the candle lights, the murders, the counseling of eight girls in less than two weeks; not all fatal, but six; shooting of seven children. And what makes it interesting to you -- and I can hear a lot of people saying -- is that this happened in South Miami, but in tracking the deaths, the violence, working with community -oriented policing, I recognize -- and I'm glad to have the Mayor and the Chief here -- that in the tracking of 30 years, being a weed and seeder, that the girls and that the children that were shot came out of Overtown and Liberty City, so I've got integration maps of families, but yet, I'm working with something and -- that a lot of us as service providers are bare -fisted. Poverty initiative monies are something based on sole serve [sic]. And today, PH.] speaks in regards to non - competitiveness, sole source awarding. And we may or I may look like I am the only woman, but since has one woman been one woman? And when you're providing ministries and social services to a community that is in transition through a lack of housing or poor -- extremely low-income housing and they're transitioning and they're gentrified and -- the problem moves from one neighborhood to the next. And so, in regards to PH.1 and PH.2, my question is, if I do the math, I have zero, but I'm still doing working, and it's just as impactful. I'm culturally competent. I'm working with the girls and the mothers, single mother head of households; like this 13 -year-old girl, like her brother, like Jedidiah, shot in the head with a gun. It's hard to hold parents accountable and be that type of parent who has done that that have no monies. It's just funny to follow preachers and churches that I'm competing with for sole source funds. We will not -- the social gap funds going to economic and financial literacy alone is not what community -oriented policing -- excuse me; I'm a bit distracted by the conversation directly behind me, particularly when I'm speaking about sherijflng and community - oriented policing, and 37 years of experience. And so, I'll close with this: PH.1 gives money to economic development corporations over and over again, who do no social City of Miami Page 8 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 service initiatives. I don't see what substantiates that. I can be impactful without it. So I'm asking that you take a better look at how we award things in social service. This City lost social service funds; we have none, so let's not get caught up in that. And I'm a mother who's lost children. Someone out there -- you can't do one and then the other. You can't give one something that does not compensate for the other in the guidelines of doing community -oriented policing. And lastly, what is the administrative cost -- $387,000 for a hundred kids for only nine weeks. That's a big cost. Ido it with zero. I do it as a mom, or like dads do. So I'd like to take a look at how we do the math, how we do the awarding, and what is the impact, and what we're dealing with. We're getting caught in a whole lot ofgiving monies to organizations on initiatives that don't exactly -- I'm sorry. It's okay -- impact the situation. Thank you so kindly for listening to me and for the extra time. Have a good meeting today. Vice Chair Russell: Thank you, Madam Holmes. Would anyone else like to speak on any of this morning's items? Hearing none, I'll close the public comment period. PA-PERSONALAPPEARANCES PA.1 PERSONAL APPEARANCE 2087 PERSONAL APPEARANCE BY VIVIAN GUZMAN REGARDING SPEEDING CARS AND ACCIDENTS IN THE SHENANDOAH AREA, SPECIFICALLY BETWEEN SW 19TH STREET AND CORAL WAY ALONG SW 25TH AVENUE. RESULT: PRESENTED Vice Chair Russell: We have a personal appearance; is that correct? Unidentified Speaker: Yes. Vice Chair Russell: Ms. Vivian Guzman. Welcome. Vivian Guzman: Good morning. My name is Vivian Guzman. I'd like to thank the City Manager, as well as the City Commissioners, for this opportunity, and particularly, our Commissioner -- Commissioner Suarez: Thank you. Ms. Guzman: -- Francis Suarez, who's been out in our neighborhood numerous times to address this issue; as well as the City of Miami Police, who's been very, very responsive doing enforcement in our neighborhood; and I'd like to mention also Anna Medina from Agenda Coordination [sic], who's been just wonderful helping us get this PowerPoint presentation. Commissioner Suarez: It should be on the TVs (televisions), hopefully. Ms. Guzman: Waiting for IT (Information Technology). Commissioner Suarez: Yeah. Ms. Guzman: I'll just start. We actually live in the vicinity of south -- between Southwest 24th Avenue and 25th Avenue, basically between -- about 17th Street, all City of Miami Page 9 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 the way to Coral Way. We've had numerous issues for many, many years in our neighborhood -- And I believe it's going to come up now -- with accidents, speeders, people not adhering to the stop signs. Vice Chair Russell: Put the mike a little closer, please. Ms. Guzman: Oh. Vice Chair Russell: Can't hear you. Ms. Guzman: I'm sorry. Note for the Record: At this time, a PowerPoint presentation was given. Ms. Guzman: Oh, there it is. It's just going to be a brief presentation. This was an accident. It would actually -- thank you -- this was an accident, actually, right in front of my house, and it was my neighbor, Anna Maria's house, a car that was parked directly in front; she had moved it, and a car just blew the stop sign and went right through and hit it, and obviously, there were no fatalities, but who knows what could have happened. Here was an accident that happened on March 23 at 7:30 in the morning. This driver specifically hit somebody right on the corner of my house, that black SUV (sports utility vehicle); and you can see in the photograph, which was actually taken by the camera at Ana Maria's house, driving on the wrong side of the road, and then collided with this parked van. And we also included -- as you can see, one of my neighbors had one of their kids out there waiting, so that could have been a tragedy. This is another accident. Is it the same accident? Unidentified Speaker: (UNINTELLIGIBLE). Ms. Guzman: I don't know if the video's going to play, but you get the gist of it. Okay. This was actually the same week. I believe this was three days later, and there was a fatality in this crash. The ---1 believe it was the Uber driver, and it just -- coincidentally, our neighbors that live across the street were traveling in the car with the Uber driver. One of them is in a wheelchair right now, and the other one, I believe, has a broken collar bone and a cast. Bottom line is, we don't believe the stop signs are getting the job done. We're really grateful when police does go out there; they do a fantastic job, but they just can't be out there 24/7. We'd like to see something done that can kind of address the issue. I mean, it's getting to the point -- and we hope that some of the video plays. If -- It's not going to play. But anyway, this was video that was taken not during rush hour, but basically during like 6, 6:30 for a couple of days, and you just see car after car after car driving straight through a four-way stop sign, not stopping, not yielding; absolutely nothing. My neighbor, George, that lives actually on 21st Street and 25th Avenue, I think he has witnessed since he has lived there probably over 10 accidents. I'm going to turn it over now to Anna Nell. Unidentified Speaker: Good morning. Thank you all. Just to finish up here, as Vivian mentioned, we've seen tremendous number of drivers who ignore the street signs, who drive very fast through our neighborhood. I think this is a common issue in our city neighborhoods, and we recognize -- actually found this from a Commission meeting just recently, recognizing that the neighborhood directly to the south of us, Silver Bluff, is experiencing similar problems. So we have seen improvements and attempts to address these problems in surrounding neighborhoods. This is in the Coral Gate neighborhood, which is just to the west of us, and we would like to see some of these same kind of traffic controls implemented in our neighborhood. There have been barriers placed on certain streets to cut -- stop some of this cut -through traffic. There have also been speed humps or speed City of Miami Page 10 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 bumps placed on some of these streets, and we think that these are probably the most effective and probably the least intrusive measures that we could use. Unfortunately, there have been some trajfic circles placed in our neighborhood. They don't seem to be very effective. You can see in this one, there's actually -- was a tree in the middle of this one. Unfortunately, it was run over. You can see by looking at the traffic circle that there's multiple tire tracks; people just run straight through these. They really don't stop. In this other picture, there is a traffic circle there, it's almost invisible, and people drive over it constantly. So we would request that the City take some immediate action to limit the volume and the speed of the cut -through trajfic in our Shenandoah neighborhood. We've seen proposals and resolutions, and traffic control devices being installed in Coral Gate and Silver Bluff and in the Roads. And the problem with this kind of approach, doing it neighborhood by neighborhood, is the traffic's got to find another way to go, and unfortunately, we've seen a tremendous number of speeders and cut -through traffic coming through our neighborhood. And so we will hope that the City -- Commissioner Gort: Mr. Chairman. Unidentified Speaker: -- will take a more comprehensive and inclusive approach to all of the neighborhoods in the City to address these traffic issues. Commissioner Suarez: Thank you. Ms. Guzman: Thank you. Vice Chair Russell: Commissioner Gort and then Commissioner Suarez. Ms. Guzman: Thank you very much. Commissioner Gort: Commissioner Suarez first. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: I'll yield to my senior statesman to the left. Commissioner Gort: Thank you, sir. Presently, there's a traffic study that's being conduct by the City of Miami through all our neighborhoods, and they're going to have public meetings, which I think you should all participate. But at the same time, one of the things that's taking place is, there's this software now that tells people how to cut through our neighborhoods in order to get to where they want to go. Commissioner Suarez: blaze, yeah. Commissioner Gort: So one of the things that I've seen -- and it's been done in some of the streets here in Coconut Grove -- you can designate -- your neighbors can get together --one-way street going out. Only one-way street that you neighbors would know where to go, and that has kept a lot of people out of those traffic, especially right here on northwest -- I mean, on 17th Avenue here in the Grove; 22nd Avenue, they have it. So the study can be done with close neighborhood like yours. A lot of -- like we have, where you can decide what will be the one-way street going out so people will not be going into the neighborhood. That's one of the things I'd like to recommend. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Thank you, Commissioner Gort. Commissioner Suarez. City of Miami Page 11 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: Thank you. Ms. Guzman: Thank you, Commissioner. Commissioner Suarez: So let me just start by thanking you guys for coming. I know how busy your days must be, and you guys work, and to come here and express yourselves is something that's hard to do sometimes, and so we thank you for taking the time and coming out here. Cut -through traffic is one of the difficult -- most difficult challenges that I certainly, as a Commissioner, and I think everybody in the City is trying to do the best they can to deal with. What we've seen is, you know, with increasing tolls on the highways, with technology, like what Commissioner Gort said, it's pushing more and more traffic onto our neighborhood streets. And what happened on -- what's happened on 27th Avenue, in particular -- or the, you know, areas that abut 27th Avenue -- is that the Florida Department of Transportation a long time ago decided that they were going to redo the medians on 27th Avenue. By doing that, they did what I call `picking winners and losers. " And what I mean by that is they -- the winners were the people who you no longer can make a left onto their street, and so now their streets are super peaceful, they're amazing, they're wonderful. The losers were the ones that they left open, because now they created a funnel, and now everyone who now cannot go through those other streets has only one option. So we've been trying to deal with that issue comprehensively. I think you guys know that I negotiated a deal with the County, where traffic control devices, like circles and traffic tables, which I agree with you, are very effective. We have now the best standard of any city in the County automatically, so if they negotiate a better standard with, let's say, Pinecrest or with some other area, Coral Gables, whatever, we automatically receive that standard. Right now we're operating under Miami Beach's standard, which is the lowest -- the easiest standard to get approved traffic control devices. We used to get 75 percent rejection. In other words, 70 -- a hundred -- you know, of a hundred percent of the ones that we recommended, seven and a half of them -- or 75 percent of them would be rejected by the County. Since we implemented the MOU (Memorandum of Understanding), about two-thirds of the rejected ones have been accepted, which is fantastic. One of the things, though, that they require -- and we're having a challenge, particularly, on the traffic circles on 19th and 20th and 25th Avenue -- is what's called "neighborhood concurrence. " We don't put any traffic control device without the neighbors consenting to it. It requires, I think, two-thirds, if I'm not mistaken -- I don't know if our Capital Improvements people are here -- I think it requires two- thirds of the block, and it requires a hundred percent if it's a traffic circle of the four corners; and it requires, if it's a traffic table, a hundred percent of the two houses where the traffic table goes in front of. And so, what I'm being told by our Administration is that we've had a hard time, for whatever reason -- And I'd be willing to have another neighborhood meeting like we've had, or even go door to door, which might even be more effective, because I've been able to do that successfully in other areas where we actually take the time to explain individually, homeowner by homeowner, the benefits of having a traffic circle on, you know, 19th and on 20th and 25th and traffic tables throughout. You're absolutely right; we have succeeded in a lot of neighborhoods. We got the County to do something I never thought that they were going to do, which is to approve a comprehensive traffic table plan for Silver Bluff. We've gotten some of those road closures that you've seen north of -- it's actually that -- they call it "La Pastorita," which is north of Coral Gate. And by the way, they had asked for not only 14th and, I think, 11 th and 30 -- I'm sorry -- 16th and 11th and 34th closed, but they also wanted 36th and 16th closed, which, unfortunately, the County did not allow. I think it would have been better had they actually closed 16th and 36th, as well, so that you have, you know -- I think, at the end of the day, the bottom line is, you guys deserve to have what I call a "world-class qualify of life. " And that world-class qualify of life is not possible if cars are cutting through your neighborhoods every single day, trying to save two City of Miami Page 12 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 seconds to go to and from work, because those accidents that you're showing are just going to continue. They're not going to slow down. And like you said it correctly in your presentation, God forbid -- I have a three-year-old -- God forbid that somebody's standing in the wrong side of that intersection when that car comes barreling through. God forbid -- even a pet, you know, an elderly person. I mean, anybody. I mean, it's horrible. So all I ask is -- you know, I want to work with you guys, because we have the approval, so -- and we have the money, by the way, too. So those are the things that are always needed to get these things done. We have the money already allocated for Shenandoah. We have the money -- half a million dollars, actually, so we could do the two traffic circles overnight if we had the neighborhood concurrency, so we need -- we'll go out there. We're plan with our ojfce, and we'll go door to door with you, and we'll explain to them, "Look, we got to do this. This is what's working in other neighborhoods. " And I'll tell you, there is no solution that I am not willing to pursue for you guys. We-- this is the emails that I received thanking me for the 22nd Avenue closure that you guys cited in your presentation. After we did that 22nd Avenue closure, I got a ton of emails thanking me, because the residents are dying, are desperate for these kinds of solutions, so I'm with you. I ask our Administration to work with us. If we're going to go door to door, I have no problem doing that myself on -- after hours, because that's when people come back from work. So I know my office is sort of paying attention; they put together a bunch of presentations for me. But I'm with you. I think -- the money's there. The approvals are there. All we need now is to get the res -- not you all. Obviously, you are on board, but we need to get all the other residents on board. And I don't know if you can speak to that in terms of concurrency, because what I have here is from the -- what you guys gave me, which is the area here with the traffic circles. We've already installed 11, and we have approval for another 11, but we need those two, which are 19th and 20th and 25th Avenue. And what they're telling me here in this graph is, "Did not obtain consensus for traffic circle, per Capital Improvements, " which is -- it's got a "B" number and everything, meaning that we've already funded them. It's B-301678, Southwest 25th Avenue and Southwest 19th Street; B-301671), Southwest 25th Avenue and Southwest 20th Street. So they're here, they're ready. You know, we just got to take that final push. And again, as for the temporary closures, those two areas that you identified, we've had the County allow us to temporarily close some areas to see how it impacts the quality of life, and they've been very generous, and I'm going to keep pushing them to be more generous, because the truth is that you all deserve it. There's no one area in our district that deserves it more than another, and you deserve to have that. You know, I know how well you guys take care of your homes; I've been to them. You guys take a lot of pride in your neighborhood, and we have to do our part to make sure that you can have a peaceful and enjoyable quality of life every single day when you get home from work and throughout the day. Unidentified Speaker: (UNINTELLIGIBLE). Unidentified Speaker: In addition to the traffic circles, which I appreciate, I really think that -- Commissioner Suarez: Tables. Unidentified Speaker: -- the tables -- I mean, the -- Commissioner Suarez: That slows people down. Yeah. Unidentified Speaker: -- speeding is the biggest problem. I mean, somebody running a stop sign, if they were going 30 miles an hour, it's -- it would be a fender - bender, it would be an accident, it would be bad, but this poor person who was City of Miami Page 13 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 recently killed in the neighborhood, that would not have happened if somebody was not going 50, 60 miles an hour. Commissioner Suarez: And you're right. I mean, you point out the one on 24th and 16th. I mean, that's -- that one -- ah, man, that one drives me crazy, because they -- we improve it, and then it gets ruined, and then we improve it and (UNINTELLIGIBLE). The bigger tree, the one that's knocked down that you showed in the picture, was a tree that we had just put in maybe two weeks before, and it was replacing a very, very little tree that I didn't like very much. Unidentified Speaker: Yeah. Commissioner Suarez: So, I mean, it's frustrating, to say the least, you know. Unidentified Speaker: And those require -- I mean, they require maintenance. They require -- Commissioner Suarez: Of course. Unidentified Speaker: --you know --and -- Commissioner Suarez: Absolutely. Unidentified Speaker: -- a speed table does not -- and it can do wonders and actually slow people down. Commissioner Suarez: And I want to mention Mayor Regalado, because he did a wonderful job when we was a district Commissioner. That one on 24th and 16th was one that he got, which was very unusual to have a traffic circle on 16th. It's the only traffic circle on 16th Street, and it was because we had a firefighter that was killed in that intersection, and he went and he fought -- three killed, but there was a firefighter also; including a firefighter that was cut in half. And he went and he fought really hard to get that, and I -- you know, I want to commend him for that. Unidentified Speaker: (UNINTELLIGIBLE) the 14th Street now and 27th Avenue has been blocked. Commissioner Suarez: Yes. Unidentified Speaker: Is that for a study? Is that something that -- Commissioner Suarez: Yes. Unidentified Speaker: -- will stay that way closed? And can we at some point maybe even close our street and see -- because we are the last -- Commissioner Suarez: Right. Unidentified Speaker: -- left you can make before you get to Coral Way on 27th Avenue. Commissioner Suarez: So I will ask -- Unidentified Speaker: So we're it. Commissioner Suarez: -- the County if we can do something similar on your street, on -- which one, 20th? On 20th, correct? City of Miami Page 14 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Unidentified Speaker: I'm talking -- yeah, I'm talking about 20th -- Commissioner Suarez: On 20th. Unidentified Speaker: -- and 27th Avenue. Commissioner Suarez: We'll ask if we can do it on 20th, as well. They -- the way it works is they will allow you to do it temporarily -- Unidentified Speaker: Right. Commissioner Suarez: -- and then they'll study it. And then, if they think it's justified, they'll allow you to do a permanent. That's how all neighborhoods have been closed. We have -- and what's interesting -- and I said this at the last Commission meeting -- the areas with the highest property value, if you think about it, in the City of Miami are areas that are closed, you know. You've got Natoma Manors, Bay Heights, the Upper Eastside, Bayview, Morningside, so all those neighborhoods that have closed off that you see the property values and the quality of life skyrocket. So I think the macro issue is that, obviously, as we close off our neighborhoods, that pushes more traffic onto the arterial. There's no doubt about that. That's unavoidable. But we should want that, because we don't want the traffic on our neighborhood streets. We want people who are getting to work and going back to use the arterials, people who are living in neighborhoods to use their own streets, and obviously, we need mass transit. I mean, we've gotten to a point in this county -- we've got 2.7 million people that we have to move every single day, and that's going to be 3.1 before you know it. And so, every big city in the world -- Paris, London, New York, Washington, LA (Los Angeles) -- they all have very comprehensive mass transit systems, and we're way too far behind. And it's something, as the Vice Chair of the MPO (Metropolitan Planning Organization), that I'm fighting very, very hard to get started on -- Commissioner Gort: (UNINTELLIGIBLE). Commissioner Suarez: -- because -- Yeah. Commissioner Gort: I know. Commissioner Suarez: Yeah, because -- I mean, that's the real solution to the arterial problems. So everything has a spillover effect. You know, we're seeing the cut -through because of the tolls and because -- I mean, because of the density. And then once we fix that, we're going to see more onto the arterials, which is going to congest us more, and then we got to fix that with mass transit. So you got to sort of - - it's an onion that you have to, you know, peel out. But thank you. Unidentified Speaker: Are there any steps we can take to get it blocked off sooner rather than later on 20th or --7 Commissioner Suarez: So let's do two things. One is send me an email today that says that you're requesting that. I'll forward that to Darlene Fernandez in the County to see if we can get that started. Secondly, let's get the concurrency so we can at least get the traffic control devices, because regardless of whether we close it off, those devices are -- particularly the humps or the tables, they're very inexpensive. They're like $10,000 or $20,000 at most. Commissioner Gort: They're the best. City of Miami Page 15 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: And -- What's that? Commissioner Gort: They're the best. Commissioner Suarez: They're the best. And they reduce the speed. So the -- Unidentified Speaker: (UNINTELLIGIBLE) put one in front of our house. Commissioner Suarez: Yeah, yeah. Well, there you go. So let's coordinate with our oj5rice, and we'll go out there. We'll go out there. Commissioner Gort: Now, Commissioner -- Commissioner Suarez: And by the way -- and sometimes -- and I'll tell you this, because this is an interesting thing. Sometimes, when we do something good, it has an unintended, sort of a negative consequence, and I'll give you an example. On 14th Street. So 14th Street, we did that, and the people on 14th Street are thrilled, because now -- they were the loser in that game on 27th Avenue, but now what happened is people are -- Unidentified Speaker: We are getting their traffic. Commissioner Suarez: Well, not only you guys, not only you guys; 13th Street. Unidentified Speaker: Right. Commissioner Suarez: Let me tell you what happened. So there's a business that straddles 14th and 13th, and they had their parking lot open. So people would do their U-turn, go into their parking lot, and then keep cutting through 13th. It's unbelievable what people do. So we talked to the business; they've since closed that access point. So we're -- again, we don't want to solve a problem and create another problem, so we're trying to -- and that's why they're temporary, because, you know, you have to see what's going on and what the impact is comprehensively. You can't just be -- solve one problem; create four new problems. So that's what we're looking at. Thank you, guys. Vice Chair Russell: Thank you, Commissioner. Unidentified Speaker: Thankyou very much. Vice Chair Russell: Thank you, Ms. Guzman. Commissioner Gort: Commission, I'd like to recommend, when the study's being done, to look at the one-way street coming out, especially on the Grand Avenue, 22nd, 27th. One-way street going into 27th and 22nd. That way, they will not go in. Commissioner Suarez: Thank you. Vice Chair Russell: Thank you. END OF PERSONAL APPEARANCES City of Miami Page 16 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon CA.1 RESOLUTION 2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE AND Administration APPROPRIATION OF FUNDS FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., A DELAWARE NON - STOCK, NON-PROFIT CORPORATION ("CFE FUND"), IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($367,500.00); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "SUMMER YOUTH EMPLOYMENT AND FINANCIAL EMPOWERMENT EXPANSION PROGRAM 2017" FOR THE PURPOSES OF EXPANDING AND SUPPORTING UP TO ONE HUNDRED (100) ADDITIONAL SUMMER YOUTH EMPLOYMENT OPPORTUNITIES WITH LOCAL BUSINESSES AND ENTITIES AS WELL AS CONTINUING TO ADHERE TO ESTABLISHED PROGRAM COMPONENTS TO CONNECT PARTICIPANTS TO FINANCIAL COUNSELING AND BANKING OPPORTUNITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS AND EXTENSIONS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT SAID GRANT AWARD. ENACTMENT NUMBER: R-17-0191 This matter was ADOPTED on the Consent Agenda. Citv ofMiami Page 17 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 CA.2 RESOLUTION 2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Transportation ACCEPT FUNDS, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00), FROM THE Management COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("COCONUT GROVE BID"), FOR THE PURCHASE OF TWO (2) NEW TROLLEY VEHICLES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING ACCEPTANCE AND ACKNOWLEDGEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO OPERATE AND MAINTAIN THE TROLLEYS AS PART OF THE CURRENT MIAMI TROLLEY SYSTEM AND TO COLLABORATE WITH THE COCONUT GROVE BID TO DETERMINE APPROPRIATE ROUTE IMPLEMENTATION. ENACTMENT NUMBER: R-17-0192 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 2051 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANA Attorney HUERTA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF NINETY THOUSAND DOLLARS ($90,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF ANA HUERTA V. CITY OF MIAMI, CASE NO. 15-02078 CA 30, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-17-0193 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Vice Chair Russell: Back to the business of the day. I'd like to move to our consent agenda; we have three items today. For those of you watching at home, you're welcome to go to miamigov. com, click on "Commission Agendas" and follow along. Commissioner Suarez: That's a first. Commissioner Gort: Move it. Vice Chair Russell: Are there any items that the Commissioners would like to pull from the consent agenda to discuss individually? Is there anyone here from the public that would like to speak on any of the consent agenda items? There are three items. One's accepting a grant, Cities for Financial Empowerment. Citv ofMiami Page 18 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: So moved. Vice Chair Russell: One's accepting funds for purchase of the trolley vehicles. Thank you to the Coconut Grove BID (Business Improvement District). Commissioner Carollo: Second. Vice Chair Russell: And the final is, authorize the settlement with Ana Huerta. It's been moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 19 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1993 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Community and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Economic APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, Development ATTACHED AND INCORPORATED AS ATTACHMENT "A", 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 FUNDS, IN THE AMOUNT OF ONE -HUNDRED NINETEEN THOUSAND SIX -HUNDRED THREE DOLLARS ($119,603.00) TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "B", ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; WITH FUNDS ALLOCATED FROM THE SOCIAL SERVICES GAP PROGRAM FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0194 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. For further minutes referencing item PH.], please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: Moving on to our public hearings, PH 1. George Mensah: Good morning, Commissioners. George Mensah, director, Community and Economic Development. PH.1 is a resolution of the Miami City Commission, with attachments, by a four-fifths affirmative vote, authorizing the allocation of funds, in the amount of $119,603, to economic development agencies to --for the extra six months of the year. Commissioner Suarez: Move it. Commissioner Carollo: Second. Vice Chair Russell: PH I's been moved and seconded Would anyone from the public like to speak on this item? Renita Holmes: I've already speaking [sic], Mr. Chair. I was just asking what specific initiatives or substantiation for the six month's extension is offered, for the public record? City of Miami Page 20 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Mr. Mensah. Mr. Mensah: Yes. We move our years to October, and so there's an extra -- the year is now 18 months instead of 12 months, and so there's an extra six months, and this is what the funding is for. Vice Chair Russell: No one from the public would like to -- else from the public would like to speak on this item? I'll close public comment. Comments from the dais. Hearing none, this is a four-fifths, so all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. PH.2 RESOLUTION 2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Administration VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY'S DEPARTMENT OF GRANTS ADMINISTRATION, SUMMER YOUTH EMPLOYMENT & FINANCIAL EMPOWERMENT EXPANSION PROGRAM 2017, THAT THE OVERTOWN YOUTH CENTER INC. ("PROVIDER"), A FLORIDA NON-PROFIT CORPORATION, IS A SUFFICIENTLY QUALIFIED AND RESPECTED FIRM THAT HAS THE EXPERIENCE, INFRASTRUCTURE, AND PROGRAMMATIC KNOWLEDGE TO COORDINATE AND IMPLEMENT THE SUMMER PROGRAM AND TO PLACE LOCAL YOUTH IN INTERNSHIPS AND SUMMER JOBS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROVIDER IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-TWO THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS ($342,834.00) FOR THE PERIOD COMMENCING APRIL 1, 2017 THROUGH SEPTEMBER 1, 2017, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS, UNDER THE SAME TERMS AND CONDITIONS. ENACTMENT NUMBER: R-17-0195 Citv ofMiami Page 21 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. For further minutes referencing item PH.2, please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: PH.2. Lillian Blondet (Director): Good morning, Commissioners. Lillian Blondet, Office of Grant Administration. PH.2 is a resolution of the Miami City Commission, with attachments, by a four -fifth affirmative vote, after an advertised public hearing, ratifying, approving and confirming the City Manager's recommendation of findings, attached and incorporated as Attachment `A "; that competitive negotiation methods and procedures are not practicable or advantageous to the City of Miami, pursuant to Section 18-85A of the Code of the City of Miami, Florida, as amended, and waiving the requirements for said procedures; approving the recommendations and findings of the City's Department of Grants Administration, Summer Youth Employment and Financial Empowerment Expansion Program 2017, that the Overtown Youth Center, Inc., a Florida non-profit corporation, is a sufficiently qualified and respected firm that has the experience, infrastructure, and programmatic knowledge to coordinate and implement the summer program and to place local youth in internships and summer jobs; authorizing the City Manager to negotiate and execute a professional services agreement, in a form acceptable to the City Attorney, with the provider, in an amount not exceed $342,834, for the period commencing April 1 through September 1, 2017, with the option to renew for up to two additional similar periods, under the same terms and conditions. Vice Chair Russell: Thank you. Is there anyone from the public who would like to speak on this item? Tina Brown: Yes. Good morning, Commissioners. On behalf of -- My name is Tina Brown, and on behalf of the Overtown Youth Center, Alonzo and Tracy Mourning, our board of directors, our entire staff, our students and our community, we serve within the City of Miami, and we are delighted to share our excitement of partnering with the City of Miami for Summer Youth Employment and Financial Empowerment. As a 2017 summer placement and investment partner, we are committed to serving and expanding the reach of this initiative in reaching a greater number of youth, between the ages of 16 and 19, living within the City of Miami. Unidentified Speaker: Good morning. The initiative serves a dual purpose for us: One, to provide high-quality employment opportunities for youth in our community; and then two, educating our youth about becoming greater financial stewards over their dollars. So with that hope, we're hoping that this unique partnership will meet the blessings and align with the priorities of the Commission and that you'll allow us to move forward with this work. Vice Chair Russell: Thank you. Would anyone else like to speak on this item who hasn't already spoken on this item? Renita Holmes: I did ask a question about substantiation. If I may, Madam Holmes again, Women's Association. You know, we've been providing -- and I, myself, am a City of Miami Page 22 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 person with disability, and why -- I deeply admire you. You're in my neighborhood. You're doing great. I did ask about the substantiation administration. And we have so many youth programs, but here's my thing: Children with disabilities hardly ever make it into that. I've got at least three boys that I'm still serving; one that was shot three years ago, and he's been trying. And I'd like to see the inclusion of these children. As a matter of fact, when we talk about the priority -- and so, when I asked about sole sources, sometimes sole sources does not do what the mandate -- mandate it, when it talks about the inclusion of children with disabilities or person with disability, and sometimes they're so much overlooked. I would like for us to meet our mandate, our Federal requirement, and I'd like us to be fair to those children who need an opportunity. While I know that it takes a lot of staff to handle it, I just want to know where in the math are we included? Because we know where the disparity is. But I'd like to thank you, ladies, and because you are ladies, that's all I'll say right now. Thank you. Vice Chair Russell: Thank you. Commissioner Suarez: Move it. Vice Chair Russell: It's been moved -- Commissioner Gort. Second. Vice Chair Russell: -- and seconded by Commissioner Gort. We have more public comment. Please. Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th street. I just want to see if we able to do the same program to another part of the City. They doing amazing job. And I think that that will be, you know, evaluated if you guys can think about it, because this County is doing the same thing: jobs. Remember, because the new labor law, our kids cannot work, technically, in other places as easier as it used to be before, because you have to have three and a half hours of work, and you have to have a break. Then you cannot work over a specific hours because the -- the employer, if he get audit, he's going to get $10, 000 fine. That's what I have discover, that we have less summer jobs for kids. Because when you youth, the new labor law penalizes those employers who hire those kids without giving them the proper break. So if we know now McDonalds, Burger King, and all these other entities used to give job -- myself, I went to work for a Burger King for many years in going to high school. I think that we can do more for programs like these ones, to do more work for those kids, instead of be them in the street without nothing to do. Thank you. Vice Chair Russell: Thank you. Commissioner Gort: Thank you. Why don't you explain how the program works? Ms. Blondet: Okay. This is the fourth year -- Commissioner Gort: Citywide. Ms. Blondet: -- we have the program in the City of Miami. It started -- you know, be three summers ago through a grant from the Cities for Financial Empowerment. This is a financial empowerment program with a job component. That's what we like to call it, because the goal is to teach the kids how to manage -- And they're not kids; they're youth, Miami residents. They're young Miami residents -- how to use their money. The program started, and you got to be 16 to 19 years old, live in the City of Miami in one of the disadvantaged neighborhoods. We go out, and we recruit throughout the City of Miami to make sure that we represent every district, and we City of Miami Page 23 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 recruit from all the areas where youth needs it. The Overtown youth is committed to doing the same thing. It's going to be a mirror image of the City of Miami program. The one difference is that instead of placing the students in the City departments, they are going to have -- use their contacts to place students in entities throughout the City. This year we, again, thank the Commission for funding this program with general funds. And because the City showed a commitment, because the City funded the summer program, the Cities for Financial Empowerment in March, you know, late in March gave us the funding to implement and expand the program. So, you know, we had to go out and find an entity that could implement the program that was willing to commit to the stand -- programmatic requirements and hiring requirements. The program is open to any youth. So any youth that may want to work, now we're going to open the hiring for the Overtown program. They'll be reaching out through their programs, and working with us to make sure that we expand and that we reach every area. Vice Chair Russell: Thank you. Commissioner Gort. Commissioner Gort: Thank you. No. I wanted her to explain that, because that was very important. This is a program that benefits all of the districts, and the people recruited from all the districts. And because we did such a successful program and we committed to continue it, the City -- Citibank allow us another grant for additional funds, which we're going to be able to employ a lot more people. Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And let me start off by saying that, you know, even from the very beginning, I was fully behind this program. And I do believe that, you know, the Overtown Youth Center is a great organization. I just want to make sure that we also have representation in all areas of the City of Miami, like Little Havana, Allapattah, and other areas that also have, you know, issues with gun violence. And, you know, these programs are extremely important, and you're even targeting, you know, some of the right age groups, but I want to make sure that we're able to provide some of these services -- As a matter of fact, one of the zip codes that I represent, I share with Overtown. Last year we had a walk from Bayfront that went from Bayfront Park right into Little Havana, over the bridge, right into Overtown, so we're neighbors. We share the same zip code. Ms. Blondet: For sure. Commissioner Carollo: So I just want to make sure that, you know, this could be established, and you know, we focus on all the areas in the City of Miami that can benefit from this program. And I'll go a step further. I need this program. Ms. Brown: Yes. So we fully intend to engage all of the surrounding communities, and we will advertise, market, and reach out to many of the school districts in our area and surrounding areas so that students from other areas will have an opportunity to apply for summer youth employment, so we're not looking exclusively in the area that we serve. Commissioner Carollo: Yeah. And ifpossible -- and we've had conversations -- Ms. Brown: Yes. Commissioner Carollo: -- I mean, years. Its been more than years already that, you know, we've been in contact and -- City of Miami Page 24 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Brown: For sure. Commissioner Carollo: -- conversing, but I want to make sure that, you know, Domini Gibbs, from my staff -- contacts my chief of staff -- Ms. Brown: Okay. Commissioner Carollo: -- and make sure that, you know, we have that dialogue, and make sure that, you know, we could participate in this -- you know, focus on some of these areas, because, like I said, we also represent some very needy areas. And last year was very successful. You have a lot of success stories, but we want that to continue. Okay? Ms. Brown: Sure. Commissioner Carollo: And by the way, thank you for the work that you do. Ms. Brown: Thank you. Thank you, Commissioners. Vice Chair Russell: Any further comments from the dais? It's been moved and seconded. This is a four-fifths. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Congratulations. Vice Chair Russell: Any opposed? Motion passes. Ms. Brown: Thank you. City of Miami Page 25 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PH.3 RESOLUTION 2190 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Information VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE Technology CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ABSENT: ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INCORPORATED TO CONTINUE TO PROVIDE GEOGRAPHIC INFORMATION SOFTWARE INCLUDING, BUT NOT LIMITED TO, SOFTWARE LICENSES, TRAINING, SERVICES, MAINTENANCE, AND SUPPORT FOR A PERIOD OF FIVE (5) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, SUPPLEMENTAL OR REPLACEMENT AGREEMENTS, AND RELATED AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0196 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: PH.3 Kevin Burns (Office of Information Technology): Good morning, Commissioners. Kevin Burns, Chief Information Officer. The resolution before you is asking for a four-fifths vote, allowing the Manager to sign a negotiated contract with Environmental Research Institute, Incorporated, SSRI, who provides our geographical information system software maintenance, training, for a period of five years. Vice Chair Russell: Thank you. Is there anyone from the public who would like to speak on this item? Commissioner Suarez: Move it. Vice Chair Russell: Hearing none, I'll close public comment. It's been moved by Commissioner Suarez, seconded by Commissioner Gort. Commissioner Carollo: Discussion. Vice Chair Russell: Discussion. Commissioner Carollo. City of Miami Page 26 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: Thank you, Mr. Chairman. So listen, I think it's good that -- well, I think it's great that we have this, and I think it actually works pretty good. My issue is that this is starting to be more and more like the four -fifth beat. Everything is a four -fifth, no -bid waiver. So I see here five years. I think I'd be more comfortable with less than five years, you know, because more and more, we're getting away from put things out to bid. And, again, I just --you know, we're locked into one company, and that's it. Everything has to be within that company. Daniel J. Alfonso (City Manager): Commissioner, ESRI is the only company that does this kind of software application. If you feel more comfortable doing three years, we could do three, and it'll be back -- it'll probably be a four-fifths, unless another technology company enters the business area. Commissioner Carollo: Yeah, I'd be more comfortable doing three years, Mr. Manager, and I get it. And listen, we've seen with technology -- I mean, day by day, it changes, so maybe there's only one company now, but within a month, there could be five companies, so that's where I feel more comfortable, if we're doing a no -bid waiver, to do three years as opposed to five years -- and once again, because, you know, technology may change -- Mr. Alfonso: We understand. We're open to that, sir. Commissioner Carollo: Okay. Commissioner Suarez: I'll amend -- Vice Chair Russell: The amendment has been proffered. Commissioner Suarez: Yeah, I'll amend. Vice Chair Russell: Is the mover and seconder -- Commissioner Suarez: I'll accept the amendment. Vice Chair Russell: -- is the seconder okay with the --? Commissioner Gort: Yeah, I don't have any problem. I'd like to make a comment, though. Vice Chair Russell: All right. Any further discussion on the item? Commissioner Gort: Yeah. My understanding is, the way I was told, that we also -- by doing this process, we're saving funds, because taking this away and bringing another company is going to be costing a little bit more. Mr. Alfonso: Well -- right. So the current five year contract, the company gave us a lower annual payment than we had in the past. If we pass three years, we'll have to go back to them and make sure that they hold the price. There's no guarantee that they will, because we're counter -offering. It's sort of like when you buy a house. You make a proposal. You know, if you don't (UNINTELLIGIBLE) full asking price. But we'll try to get it for three years with the same terms. If we can't do that, then we'll have to come back to this Commission. Commissioner Carollo: Understood. Vice Chair Russell: Any further discussion? This is a four-fifths. It's been moved and seconded and amended. All in favor, say "aye." City of Miami Page 27 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes, as amended. PHA RESOLUTION 2187 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Procurement VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE AYES: CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ABSENT: ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES APPROVING THE PROCUREMENT OF A PROPRIETARY WEB -BASED ALERT MOBILE APPLICATION TO BE UTILIZED BY THE CITY OF MIAMI ("CITY") TO PROVIDE CRITICAL EMERGENCY INFORMATION TO ITS RESIDENTS FROM IN-TELLIGENT (FLORIDA) LLC, A FLORIDA FOR-PROFIT LIMITED LIABILITY COMPANY ("IN-TELLIGENT"), FOR A PERIOD OF TEN (10) YEARS, WITH AUTOMATIC ONE (1) YEAR RENEWALS, SUBJECT TO AN ANNUAL FINDING OF SOLE SOURCE BY THE CHIEF PROCUREMENT OFFICER AND APPROVED BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY AND IN-TELLIGENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, MODIFICATIONS, AND AMENDMENTS TO SAID LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0197 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION( MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Commissioner Suarez: Mr. Chair, ifI may be recognized on PH. 4? Vice Chair Russell: Yes, Commissioner Suarez. Commissioner Suarez: Thank you. It's a resolution approving the Manager's finding of a sole source and procurement of services to the City by In-Telligent. As you may recall from our recent discussion item on this matter, In-Telligent is a mobile device platform that provides users with notifications on their device, regardless of the recipient's notification settings. It is the only program, globally, to allow users to send messages that will override the silent or "do not disturb " notification settings on mobile devices. It's available for iPhones and androids. It has the ability to reach half a million subscribers per second, and translate messages into more than 30 languages. It is customizable as to what messages are sent out to recipients. Cities, such as Miami, can utilize In-Telligent in emergency situations to City of Miami Page 28 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 inform people in a geographic area as to safety concerns and protocols. It requires no investment, no cost, it's free to users, and will provide revenue to the City. The City will receive 50 percent of the revenue generated by the band or advertisements when users open the application. As I mentioned in the discussion item, cities like Coral Gables and Doral, which are two of the larger cities in the County, have already adopted this. It's sort of a best practice countywide; and as the president of League of Cities, that's something that we're trying to do, is promote good practices throughout cities in the County. And obviously, it's something that hopefully will generate some revenue for the City, in addition to being a device -- more importantly, being a device that can help our residents in emergency situations. So I move the item. Commissioner Carollo: Second. Discussion. Vice Chair Russell: It's been moved and seconded. Discussion. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. My comments here is similar to what I said before, so, yes, I think we should have this new technology, and I welcome it. It's innovative. It's something that I think we should have, especially on a volunteer basis, because you actually have to have a -- apply for the app. So I agree with this. Just like, you know, I've mentioned, I've been working with -- Commissioner Suarez: Precaution. Commissioner Carollo: -- various companies for "Text 911, " also. The only issue I have with this, once again, 10 year -- initial year of 10 years. That seems like a lot, and I get it. Like right now, you're the only company that does that, so we want to be innovative. We want to be in the cutting edge, but 10 years in technology, that's too long. So I have an issue with the 10 years. If we could cut those years --the initial years down, you know, that's where I'll be comfortable. Allan Sutherland: Commissioner -- This is Al Sutherland, on behalf of In-Telligent; and thank you, Chair, and everybody else, for letting me speak today. Addressing the 10 year point, we're happy changing the term from 10 years to one year; whatever makes you feel most comfortable. The reason why we have 10 years is because it is a free service, and we want to make you feel comfortable that you can use it as long as you want, without having to worry about a company such as ours -- we're not going to do this -- but you don't have to worry about us getting you to use it, getting you to enjoy using it, keeping the residents and visitors of Miami safer, and then having us increase the price. So that was the idea behind the 10 years. It wasn't meant to lock you in for any extended period of time, but I can understand your point. If the Manager and City Attorney thought that a lower number of years would be right and you felt it was appropriate, we'd be happy to change it to whatever you think is best. Commissioner Suarez: Mr. Chair, if I may? Vice Chair Russell: Commissioner. Commissioner Suarez: Let's cut it in half. We'll do five and -- Mr. Sutherland: Be fine. Commissioner Suarez: That's fine. And then, I think, you know, because the other thing is, when I did the "dotmiami" one, which is similar to this one, where we had - - you know, these companies will go out -- they're going to have to go out, so did City of Miami Page 29 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 dotmiami, and they're going to have to spend their money to advertise. So some people download the app. In the case of dotmiami, people have to buy the dotmiami domain name, so we -- they got to capitalize some of their costs, which will inure to our benefit, because their investment will come back to us in the form of a 50 percent revenue share. So if five years is acceptable to you -- Mr. Sutherland: Five years is fine, Commissioner. Thank you. Commissioner Gort: Mr. Chairman. Vice Chair Russell: Commissioner Gort. Commissioner Gort: The question is, who in the City will be responsible to -- and how the message is going to get to conduct it? What's going to be the conduit for the messages, and what type of messages or alerts? Fernando Casamayor (Chief Financial Officer): Good afternoon, Commissioner. Fernando Casamayor, Assistant City Manager. We'll be working with In-Telligent to try to figure out the appropriate level of staffing, and where exactly in the City we would have to have someone to coordinate our efforts with the application. From my very brief meetings with the gentleman here, should be a relatively easy platform to utilize, but -- Commissioner Gort: Right. Mr. Casamayor: -- Devil's in the details, and we'll have to figure that out at some point. Commissioner Gort: Okay. Because that's going to have a cost to the City. That platform is going to have to be created. My understanding, this is volunteer also. Mr. Sutherland: Yes, sir. Commissioner Gort: Okay. Vice Chair Russell: Thank you. I have a couple questions. Commissioner Gort: No problem. Vice Chair Russell: Is this an exclusive agreement? And if so, is not -- so we could also contract with other communication services? There's nothing like that. Okay. Could you give me an example of the type of alerts we -- a resident might receive and the type that they would not receive? What is something that wouldn't go through? Mr. Sutherland: So, presumably, a lost dog might not go out to the residents -- right? -- but a missing person would. Vice Chair Russell: Missing person? Mr. Sutherland: Yes. Vice Chair Russell: Weather alerts? Mr. Sutherland: Weather alerts would -- weather alerts -- Commissioner Suarez: Has to be a critical -- critical weather alert could be. City of Miami Page 30 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Sutherland: Critical, severe weather alerts. Commissioner Suarez: Like hurricanes. Mr. Sutherland: Not weather alerts. This is meant to be, Commissioner, a professional platform. It's not a version of Facebook or Twitter. Where we were concerned, as we talked about last time, was having somebody in a building -- right? -- having some emergency in the building, let's say afire -- I was just in a building last week -- actually, my own office building. The fire went off; no one knew what to do. Right? Here, In-Telligent would go out. It would cause a noise to come through on the phone, person would open up the app in order to stop the noise -- that's the only way to stop the noise -- and they would be able to see a message specifically from building management telling them what to do. So in the case of the City, as we've talked about with the people, as Commissioner Suarez mentioned -- In Doral, for example, they're using this to find missing people. So a senior citizen goes wandering in the streets, they can't find out where to go, the family gets distraught: They can send out a picture with a description of the person and a link or a phone number in order to call if the people of Doral see this missing person. That message, while it could go out in a text, while it could go out in an email, can't immediately be translated into one of over a hundred languages. Vice Chair Russell: Of course. Mr. Sutherland: So we -- and that's important in a village like -- or a city like Miami. Vice Chair Russell: It'll override the sleep function of the phone, as well? Mr. Sutherland: It will. Vice Chair Russell: What about head -- news headlines; is it --? Mr. Sutherland: No. I apologize. I should have led with this. And I apologize, Chair. This is meant to be your communication platform. Vice Chair Russell: So we vet what goes out? Mr. Sutherland: (UNINTELLIGIBLE) only what the City Manager and the staff decide to send out that that's the messaging that goes. So we have various levels of messaging. Very severe, life-threatening that's -- It's a very, very annoying noise, then it keeps going down to just a regular message. Vice Chair Russell: But every alert is vetted by the City? Mr. Sutherland: That's exactly right. It can't go from a person -- I can't send a message to you or the residents of the City; only the City Manager can do that. Vice Chair Russell: Thank you. That's actually very helpful. And no one will ever be woken up by an advertisement, correct? Mr. Sutherland: No, no. Vice Chair Russell: You only see the advertisements once you open the app and there's a banner ad? Mr. Sutherland: That's exactly right. City of Miami Page 31 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Okay. I'm comfortable. It's been moved and seconded. Commissioner Suarez: We need a fourth. Vice Chair Russell: We do need a fourth. Who was the seconder? Commissioner Suarez: I was the mover. Commissioner Gort: I am. Vice Chair Russell: You were the mover. Commissioner Suarez: I think Carollo was the second. Vice Chair Russell: You were the seconder? Did you accept the amendment of five years, as well? Commissioner Suarez: That's fine. Vice Chair Russell: All right. Todd B. Hannon (City Clerk): Commissioner Carollo was the seconder. We can table the item, and when Commissioner Carollo comes back, we can readdress it. Vice Chair Russell: That's fine. We'll table item PH.4. Mr. Sutherland: Thank you. Vice Chair Russell: Thank you very much. Commissioner Gort: (UNINTELLIGIBLE) come back. Vice Chair Russell: We'll un -table [sic] item PH4. It's a four-fifths, Commissioner Carollo, and -- Any further discussion on the item? All in favor, say "aye. " Commissioner Suarez: Aye. Commissioner Carollo: Aye, as amended, correct? Commissioner Gort: Aye. Vice Chair Russell: As amended, five years. Any opposed? Motion passes. Thank you. Mr. Sutherland: Thank vou. END OF PUBLIC HEARINGS City of Miami Page 32 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 1396 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Commissioners ("CITY CODE"), AND ORDINANCE NO. 13114, THE ZONING and Mayor ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO AMEND THE ENTIRE CITY CODE AND THE MIAMI 21 CODE TO MODIFY ANY AND ALL MASCULINE AND/OR FEMININE LANGUAGE TO GENDER NEUTRAL PRONOUNS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13676 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Vice Chair Russell: SR.]. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Chairman, this is your item. Commissioner Gort: Move it. Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Commissioner Gort; second by Commissioner Carollo. Would anyone from the public like to speak on this item? Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just kind of confused. I know it's going to be more neutral, so everything is going to be like -- If my daughter want to go a specific place, a bathroom or whatever, it's going to say just gender -- I'm just trying to understand exactly how this is going to work. Vice Chair Russell: I'll clarify it for you. Currently, there's a sentence in the Code that says, "The Mayor and his staff. " Brenda Betancourt: Oh, we talking about the same one, okay. So -- Vice Chair Russell: So now it'll say, "The Mayor and his or her staff. " Brenda Betancourt: -- it's not going to be -- Vice Chair Russell: However, if the Code is referring specifically to a gender for a reason, it will say -- it'll use the gender pronoun, but in general, it's just neutralizing. City of Miami Page 33 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Brenda Betancourt: No. I got the wrong one. I thought it was something else. Vice Chair Russell: Got it. Brenda Betancourt: So -- but this is -- it should be just "her. " It should be just -- Vice Chair Russell: The Mayor -- Brenda Betancourt: --females. Vice Chair Russell: -- the reference to the Mayor should just be 'female "? Brenda Betancourt: Of course. Vice Chair Russell: Noted. Thank you. Brenda Betancourt: I think that that will be more, you know -- Vice Chair Russell: It's had enough years as a male pronoun. We can balance it out. Thank you very much. Is there any other public commentary on the item? Hearing none, I'll close public comment. Any comments from the dais? Hearing none, thank you very much for your support in this, Commissioners. I almost said "gentlemen. " We'll go ahead and have a roll call on the item. 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, 3-0. Vice Chair Russell: Thank you very much. SR.2 ORDINANCE Second Reading 1882 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 TO CITY COMMISSION DISTRICT 1; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13677 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Vice Chair Russell: SR. 2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 34 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Victoria Mendez (City Attorney): Commissioner Gort, this is your item. Commissioner Gort: Move it. Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Carollo. Would anyone from the public like to speak on SR.2? Hearing none, I'll close public comment. Any comments from the dais? It's been moved and seconded Roll call, please. Todd B. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Vice Chair Russell: SR.3 has been deferred to May 11. FR.1 and FR. 2, as well, have been deferred. SR.3 ORDINANCE Second Reading 1386 TO BE DEFERRED City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION Office AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE AYES: CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED ABSENT: "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE", BY MODIFYING THE CITY OF MIAMI'S CONTRIBUTION INTO THE TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. Item SR.3 was deferred to the May 11, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing item SR.3, please see "Order of the Day" and item SR.2. END OF SECOND READING ORDINANCES City of Miami Page 35 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1092 TO BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH and Mayor ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE AYES: XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ABSENT: AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS" BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO EXCLUDE A PORTION OF THE DESIGN DISTRICT, AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. Item FR.] was deferred to the May 11, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing item FR.], please see "Order of the Day" and item SR. 2. Citv ofMiami Page 36 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 FR.2 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 AYES: ENTITLED ABSENT: ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS', ESTABLISHING A NEW CHAPTER 2/ARTICLE X/SECTION 2-822 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/WAIVER, 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: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. For minutes referencing item FR.2, please see "Order of the Day" and item SR. 2. Citv ofMiami Page 37 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 FR.3 ORDINANCE First Reading 1940 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED PARKS AND and Mayor RECREATION/USE REGULATIONS", BY CREATING A NEW SECTION 38-78, ENTITLED "PROHIBITIONS REGARDING EXPANDED POLYSTYRENE PRODUCT(S) IN CITY PARKS AND RECREATION FACILITY/FACILITIES, INCLUDING BEACHES THEREIN"; ADDITIONALLY AMENDING CHAPTER 38/ARTICLE VI OF THE CITY CODE, ENTITLED "HISTORIC VIRGINIA KEY BEACH PARK", BY CREATING A NEW SECTION 38-248, ENTITLED "ESTABLISHING AN ENVIRONMENTAL EDUCATION ZONE IN CONNECTION WITH PROHIBITIONS ON POLYSTYRENE PRODUCT(S) IN HISTORIC VIRGINIA KEY BEACH PARK"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: FR.3 The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Chair Russell, this is your item. Vice Chair Russell: Thank you very much, Madam City Attorney. I'm sponsoring this item, but I didn't initiate it. I'd like to thank our Parks Department and others for their lead on this. There is a lot of pollution in our bay and on our shores. There is a misconception that it comes from boaters that throw things out of their boats. The majority of the bay pollution comes from the runoff from our streets and from our parks, and pollution that easily gets into the water. One of the easiest things is polystyrene Styrofoam. It's very light. The wind can blow it. It floats. It goes out into the bay, and it's dangerous for our environment and for the animals that live there. So this would basically -- primarily be an education program to make people aware that we do not allow Styrofoam in our parks. It has a mild enforcement at this point, so that it's not meant to be an aggressive -- we're not going to go United Airlines on anyone for Styrofoam. This is about education. This is about teaching people and incentivizing them to do it right. So I'd like to show -- well, my staff had a few items. While we're waiting for that, is there anyone from the public who'd like to speak on this item? You can go ahead at this lectern, please. We'll have dueling presentations, unless ours is up. You can skip mine and just go on to Mr. Doebler. Unidentified Speaker: Okay. There's no connectivity to -- Commissioner Suarez: You have to put it on that side. Unidentified Speaker: Oh, that side. City of Miami Page 38 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Unidentified Speaker: Yours is up, sir. Ms. Mendez: Chairman, yours is up already. Commissioner Gort: Yours is up. Vice Chair Russell: All right. So there's just a few images of how Styrofoam affects our environment and how easily it gets into our bay. Obviously, our mangroves can trap pollution very easily. This is a simple but big step that will help curb the pollution in our area. Go ahead, Mr. Doebler; you're welcome to hook up and give your presentation. Mr. Kirwin, would you like to say a few things? Kevin Kirwin: Thank you, Mr. Vice Chair and Commission. This is something that really comes from the heart. I was out at Virginia Key Beach North Pointe Park on Saturday, participating in Bonanza. And I have a visual aid. It's a big chunk of polystyrene, just crumbling, and I wanted to bring it into the chambers, but I knew it would cause our cleaning staff a lot more work. So, when you really think about what that does and the impact on the sea life -- and there's probably impacts that we don't even know about yet that come from those materials -- one of the things I really want to say, I want to thank our Park Advisory Board; they worked with us on this. It was their initiative. They drove it through. We worked hand in hand with the City Attorney's Office. I want to thank personally Assistant City Attorneys Robin Jones Jackson and Danny Diaz; really put a lot of work into it, and I know your office did also, so thank you for sponsoring this. Vice Chair Russell: Thank you, director. Mr. Doebler represents VolunteerCleanup.Org. He leads a lot of community efforts for bay and beach cleanups. You have a presentation you'd like to give? Mr. Doebler: I do, I do. Vice Chair Russell: Okay. Welcome. Mr. Doebler: Honorable Commissioners, my name is Dave Doebler. I'm the co- founder of VolunteerCleanup.Org, a non-profit, which has helped facilitate over 250 neighborhood and shoreline littered cleanups. Last year we removed over 100,000 pounds of trash and debris from our bay. In fact, I met -- originally met Commissioner Russell at a cleanup we did with a group of fifth grade students, where we pulled 350 pounds of debris from the shoreline at Albert Pallot Park. I'm also chair of the City of Miami Beach Sustainability Committee, where the original polystyrene ban in South Florida started a few years ago. I am here in support of the proposed polystyrene ban, but instead of using words to tell you why, I'd like to show you a quick video which highlights the problem right here in the City of Miami, which Commissioner Russell and the Parks Department proposal will address. So -- figure out how to hit 'play " on this. Vice Chair Russell: Some sound. Mr. Doebler: Hold on. Note for the Record: An audiovisual presentation was made at this time. Mr. Doebler: So our Public Works Department in Miami Beach, after the Styrofoam ban, has seen a significant reduction in the amount of Styrofoam that makes it into the storm drain systems, requiring cleanup, and also the amount of Styrofoam that actually ends up floating in the bay. So we support this resolution, and we hope you will, as well. Actually, I'm not speaking on behalf of the City of Miami Beach; City of Miami Page 39 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 VolunteerCleanup.Org hopes that you will pass this resolution. Thank you very much. Vice Chair Russell: Any cleanups this weekend you'd like to plug? Mr. Doebler: There's probably about six -- Vice Chair Russell: Go to Volunteer -- Mr. Doebler: -- going on this weekend. Vice Chair Russell: -- Cleanup.Org. Okay. Mr. Doebler: Yes, sign up for notifications. Thank you. Vice Chair Russell: Thank you, Dave. Commissioner Suarez: Move it. Vice Chair Russell: It's been moved by Commissioner Suarez -- Commissioner Gort: Second. Vice Chair Russell: -- seconded by Commissioner Gort. Commissioner Suarez: Quick discussion. Commissioner Gort: Questions. Vice Chair Russell: Commissioners --Commissioner Gort. Commissioner Suarez: I defer again to -- Commissioner Gort: The question that I have -- we have a lot of ordinance and a lot of regulations -- the enforcement. Who's going to be doing the enforcement, and what kind of --? Because there are certain neighborhood, there are certain people do not -- cannot afford the real big coolers, and sometimes, when they go have a picnic and they use the other ones. So this is something we really have to look into it. And as you can see, I'm a boater myself, and it's like I clean up Miami; teach people not to throw stuff out of the boat. And this is -- we need to coordinate that also with our -- with Marine Patrol, because I think it would be very important. Most of that you see on the beach, it comes out from the boats. Vice Chari Russell: Thank you. We're going to be very sure that this is a gentle encouragement and enforcement. There's a grace period involved, and it's going to start with signage that's going to educate, and then it'll be at a turn (UNINTELLIGIBLE). Then we've got our park rangers, who are not within an authority to enforce, but they can inform and remind people. Beyond that, it's Code Compliance, correct? It's not the Police. Commissioner Gort: And most important, educate them why, because people like to know why. And if you tell them you're going to save the environment, help the environment, people might understand. Vice Chair Russell: Mr. Manager. City of Miami Page 40 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Daniel J. Alfonso (City Manager): Yes. So that is correct, Commissioner. You know, we're going to do a campaign basically on education, on informing the public. I'm sure that we can partner with our Solid Waste Department; the fact that we're going to schools. You know, that's where it starts. Commissioner Gort: Right. Mr. Alfonso: Right? You get the kids informed and then -- Commissioner Gort: Have a cleanup by them. Mr. Alfonso: Right. So it'll be a big effort on education and information dissemination. We're not going to do as the Commissioner said, the United Airline service thing, so. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Thank you. I just wanted to mention that I believe Coral Gables passed a ban like this recently, and that ban was challenged, and I believe it was -- I think it was the Supreme Court -- right? -- recently issued -- Ms. Mendez: The Florida Supreme Court. Commissioner Suarez: -- Florida Supreme Court recently issued an opinion upholding the ban. So I think it's wonderful that we are again sort of following in the footsteps of other cities that are doing socially conscience -- you know, ecologically conscience -- taking ecologically conscience steps; particularly in our case, because I think we have much more ecologically sensitive parcels or properties than even Coral Gables does. So I commend you for that. Vice Chair Russell: Thank you. Madam City Attorney, could you explain how this is different from what Coral Gables is doing, in that we should not be challenged in terms ofpreemption from the State? Ms. Mendez: This has to do with our City -- it's a little more narrow in scope. It has to do with our City properties and the use in our City properties, so it's a little different, but same vein, but it -- we should be fine, and no challenges should come of this, because we are able to regulate and police what happens in our properties, especially when it affects the environment. Vice Chair Russell: So this is not regulating the sale of polystyrene products, and so Commissioner Suarez: Understood. Vice Chair Russell: I think -- Mr. Alfonso: (UNINTELLIGIBLE). Vice Chair Russell: -- we've learned from Coral Gables. Commissioner Suarez: Although theirs was upheld, if I'm not mistaken. So theirs is legal, as well. Vice Chair Russell: I'm sorry? Commissioner Suarez: That theirs was upheld. City of Miami Page 41 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Correct. Commissioner Suarez: Right. So theirs is legal. I mean, we could do that if we wanted to, but -- I mean, I'm not saying that we necessarily should, but we have that Vice Chair Russell: Baby steps. Commissioner Suarez: Exactly. Vice Chair Russell. Any further discussion? Any further commentary from the public on this item? Brenda Betancourt: Well, I just want to thank Kevin for his work and the committee who's trying to get this done, but I was actually going to say the same thing. If any way that we can stop actually the sale of the Styrofoam in the City of Miami? I know it's hard, but can we suggest, just the same way they do when they don't want plastic bags to be -- you know, when you go into the groceries that you can try to get recycle bags, because it is getting annoying more than you can think of. I have been working lately for the past three months, walking the entire area in Little Havana, and we see a lot. The little cafesito. I love coffee, too. But if any way, maybe in certain areas, we can -- where they have cafeterias that we can maybe monitor the -- actually, the garbage goes into those trash. Sometimes, we have an 18 and 8th Street -- I know I mentioned to Pablo Canton that we were looking for garbage containers in 8th Street, because they don't have one in that block, in the south side. So sometimes, if we don't have a place where to put the trash, the trash is going to be ending in our street, because even for kids. So, if we have a trash container, where we -- actually we can put the trash when we have it in our hand, instead of -- nobody's going to want to take it to the car, so believe me, instead of being in my car, definitely, most people going to put it in the street. Vice Chair Russell: Thank you very much. Any further public comment on the item? Close public comment. Any further discussion from the dais? Roll call on this item, please. 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, 4-0. City of Miami Page 42 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 FRA ORDINANCE First Reading 2173 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), WAIVING THE SIDEWALK CAFE FEES SET and Mayor FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTIONS 54-224(B) AYES: AND (D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS ABSENT: AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54- 224(D), DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION; 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: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: FR. 4. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): And I believe we have an amended map? Commissioner Gort: Yes. Vice Chair Russell: Yes. Commissioner Suarez: Move it, as amended. Commissioner Gort: Second. Vice Chair Russell: It's been moved and seconded, with the amendment. Commissioner Suarez: She has the map. Ms. Mendez: Apparently, there is a new map that was going to be -- it was distributed. And also -- I'm sorry I didn't read the -- 'providing for a sunset provision; containing a severability clause and providing for an effective date. " City of Miami Page 43 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Thank you very much. It's been moved and seconded. Would anyone from the public like to speak on this item, regarding waiving sidewalk cafe permits in the Flagler area around the construction zone? Would any -- closing public hearing. Anyone from the dais like to discuss? As you notice, this is on first reading again, even though we brought it last time. That's because we expanded the area, so we need to hear it again now, and then we'll have second reading in the future. I thank you for your support on this. For sure, the benefits of the beautification will bring lots of business to downtown and the core business district of the Flagler area that needs it so badly, but that does not outweigh the hardship that the businesses experience during construction. When that construction is delayed or extended, they may be lucky to survive. This is a little help that we can give, especially to the restaurants along there, to encourage more patrons and to make it a nicer place to be even now. So I thank you for your support on this item. No further discussion. Roll call, please. Todd B. Hannon (City Clerk): Roll call on item FR. 4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. Vice Chair Russell: Thank you very much. 1A►IIZO]0aI:&I9NNEI 911►[eye]N911ZIVAZI N ** City of Miami Page 44 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE - RESOLUTIONS REA RESOLUTION 2050 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), AUTHORIZING SETTLEMENT OF ALL CLAIMS Attorney AND DEMANDS IN THE CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record. Item RE.] was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For further minutes referencing item RE.], please see item RE.2. Vice Chair Russell: (INAUDIBLE) attorney/client session, and we're going to reconvene the regular agenda. RE.1. Is there a motion to defer RE.1 ? Commissioner Carollo: So move, but we need a date. What would be reasonable? Vice Chair Russell: Next Commission meeting. Fair enough. Commissioner Carollo: Okay. I move to defer REI to the May 11 Commission meeting. Vice Chair Russell: It's been moved by Commissioner Carollo; seconded by Commissioner Gort. Are there any comments on this from the public? Hearing none, I'll close public comment. Any comments from the dais? All in favor, say "aye." Commissioner Gort: Aye. Commissioner Carollo: Hold on, Mr. Chairman. Before we take a vote, I want to verify that we also have a -- Victoria Mendez (City Attorney): A shade meeting. City of Miami Page 45 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: --shade meeting. Ms. Mendez: We'll -- I'll be requesting reading -- at the end of the meeting, a request for a shade meeting. Commissioner Carollo: Okay. So my motion is also contingent that we do have a shade meeting. Okay? Vice Chair Russell: And the seconder, that's good? Commissioner Gort? Commissioner Gort. Yes. Vice Chair Russell: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Todd B. Hannon (City Clerk): And I'm sorry, can you state that one more time? I didn't hear. Commissioner Carollo: A motion to defer RE.1 to the May 11 Commission meeting, and also include that there will be a shade meeting for that Commission meeting on RE. 1. Daniel J. Alfonso (City Manager): Commissioner, can we ask for a little more time? 1 think May 11 -- I mean, to get with the attorneys together, 1 mean, that would have to be on the agenda like next Tuesday, and 1 don't think that'll be enough time. Commissioner Carollo: Yeah, 1 get it. Ms. Mendez: But the numbers that were requested? Commissioner Carollo: Do we need to reconsider? Mr. Hannon: No, sir. If you just want to state on the record for clarification what the date is, we'll be fine. Commissioner Carollo: The second meeting of May. Vice Chair Russell: Ms. Leiva, would you like to be heard on this item? Vicky Leiva: (UNINTELLIGIBLE). Vice Chair Russell: Mike, please. Commissioner Gort. Turn the mike on. Vice Chair Russell: Mike check, one, two. Ms. Leiva: For the record, Vicky Leiva, with the law firm of Bilzin Sumberg, at 1450 Brickell Avenue. We would respectfully request that you do it in two weeks. We have been negotiating this for well over a year, and it's just two or three minor issues that need to be resolved, so 1 think we can get it done within those two weeks. City of Miami Page 46 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: Understood. And if it's been this long, what's an additional two weeks? 1 mean, there -- what's going to happen is that by -- what? -- tomorrow or Monday, they need to have everything in, in the agenda office, in order to meet the five-day rule and so forth, so it really puts a lot of stress on them. So that's why, you know -- Ms. Leiva: Commissioner -- Commissioner Carollo: -- it's been this long. Ms. Leiva: -- it's fine. You're absolutely right. There is -- Commissioner Carollo: It's been this long. Let's just -- Ms. Leiva: -- time that is required to put it on the agenda, so, okay. Commissioner Carollo: You know, what 1 want is that in the second meeting of May that, you know, everyone had a reasonable amount of time, and we could get it done already. Ms. Leiva: Can you tell me what that date is? Because 1 may not be in town. That's Memorial Day Weekend, right? Mr. Alfonso: The 25th. Commissioner Carollo: The 25th of May. Vice Chair Russell: Thursday, May 25. Mr. Hannon: Correct. Ms. Leiva: It's Memorial Day? Vice Chair Russell: It's the weekend before Memorial Day Weekend. Mr. Hannon: No. It's the Thursday before Memorial Day. Ms. Leiva: Okay. All right. We should be okay. Commissioner Carollo: Okay. Ms. Leiva: Thank you. Commissioner Gort. They mean Thursday night. Vice Chair Russell: Thank you very much. Commissioner Carollo: So do we need another vote? Do we --? Mr. Hannon: No, sir. I have for the record that RE.1 has been continued to May 25. Commissioner Carollo: Perfect. Thank you. Mr. Alfonso: Thank you, Commissioners. City of Miami Page 47 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Thank you. RE.2 RESOLUTION 2027 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5) AFFIRMATIVE VOTE, Procurement RATIFYING, APPROVING, AND CONFIRMING THE CITY AYES: MANAGER'S EMERGENCY FINDING, ATTACHED AND ABSENT: INCORPORATED AS ATTACHMENT "A", THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; RETROACTIVELY APPROVING TO THE EFFECTIVE DATE OF THE MOTORCYCLE LEASE AGREEMENT ("LEASE"), ATTACHED AND INCORPORATED, THE SELECTION OF ROSSMEYER DAYTONA MOTORCYCLES, INC. DBA BRUCE ROSSMEYER'S DAYTONA HARLEY-DAVIDSON FOR A FORTY- EIGHT (48) MONTH LEASE OF POLICE MOTORCYCLES AT AN ANNUAL ESTIMATED AMOUNT OF ONE HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($166,500.00) FOR THE MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE LEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. :I►1_TlaIIT, l:1ill kiill 0JIT, 11=1:M:aIrall RR MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: Moving to the resolutions. RE. 1. Commissioner Suarez: Did you guys table that one? (UNINTELLIGIBLE). Commissioner Gort: You want to hear it after. Daniel J Alfonso (City Manager): Mr. Chairman, you asked -- Vice Chair Russell: Thank you. We did. We did table that one. Mr. Alfonso: -- to table it till the afternoon. Vice Chair Russell: I apologize. Vice Chair Russell: RE.2. Commissioner Suarez: Move it. Citv ofMiami Page 48 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: It's been moved by Commissioner Suarez. I do understand that this is a four-fifths, as well? That was not noted in the plasma, but it is, correct? Okay. Victoria Mendez (City Attorney): Yes, RE.2 is a four-fifths, Chairman. Commissioner Gort: We don't have four-fifths. Commissioner Suarez: You want to table it until -- Commissioner Gort: RE.3. Well, he's coming. Commissioner Suarez: He's coming back. Vice Chair Russell: Would someone like to read it into the record, or present the item? Ms. Mendez: We don't -- Annie, thank you. Annie Perez: Good morning, Commissioners. Annie Perez, director of Procurement. RE.2 is a resolution ratifying, approving, and confirming the City Manager's emergency finding for a lease agreement for 25 motorcycles for our police officers. It was deemed an emergency. Vice Chair Russell: Thank you very much. Has -- was it moved? Commissioner Suarez: Yeah, I moved it. Vice Chair Russell: It's been moved. Second? Commissioner Gort: Second. Vice Chair Russell: And seconded by Commissioner Gort. Would anyone like to speak on this item from the public? Hearing none, I'll close public comment. Any comments from the dais? Hearing none, this is a four-fifths. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Commissioner Gort: The Chief. Vice Chair Russell: Chief, would you like to comment on the item? No. Commissioner Suarez: That's fine. Vice Chair Russell: They're all Ducati's, right? Daniel J. Alfonso (City Manager): BMW (Bavarian Motor Works), sir, BMW Vice Chair Russell: Harley Davidson, of course. City of Miami Page 49 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE.3 RESOLUTION 2063 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY Improvements 17, 2017 PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16- 036 FROM MAGGOLC, INC. ("MAGGOLC"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE SOUTHWEST 27TH STREET ROADWAY IMPROVEMENTS - COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDING - DISTRICT 2 PROJECT, IN THE AMOUNT OF $343,236.25, FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $34,323.62 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $377,559.87; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-50204 AND CDBG PROJECT NO. 91-03368; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0199 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: RE.3. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Office of Capital Improvements. RE.3 is a resolution accepting the bids from Maggolc Construction for the construction of Southwest 27th Street, for a total amount of 343,236, plus a 10 percent contingency. Commissioner Suarez: Move it. Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Commissioner Suarez; seconded by Commissioner Carollo. Would anyone from the public like to speak on this item, regarding the 27th Street Roadway Improvement Project? Hearing none, I'll close public comment. Any comments from the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 50 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 REA RESOLUTION 2165 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE INSTALLATION OF FLORIDA DEPARTMENT Commissioners OF TRANSPORTATION SIGNAGE PROHIBITING LEFT TURNS and Mayor FROM SOUTHWEST 23RD STREET AND SOUTHWEST 24TH TERRACE ONTO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, MONDAY THROUGH FRIDAY, FROM 7:00 A.M. TO 9:00 A.M.; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0200 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: RE. 4. Commissioner Suarez: Mr. Chair, RE.4, actually, interestingly, relates sort of to the earlier public appearance item. I won't belabor the point too much. But again, traffic and cut -through traffic has been an issue along 27th Avenue. It really affects Silver Bluff. It affects Shenandoah. In this particular case, we're doing everything that we can, working with FDOT (Florida Department of Transportation), working with the County to try to eliminate it. I think there was a typo, if I'm not mistaken, on -- go ahead. Victoria Mendez (City Attorney): Thank you, Commissioner Suarez, for pointing that out. I just wanted to briefly read this resolution title, because it was just changed as -- a little bit. The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: Thank you. Commissioner Suarez: Move it. Vice Chair Russell: It's been moved by Commissioner Suarez. Commissioner Gort: Second. Commissioner Carollo: Second. Discussion. Vice Chair Russell: Seconded by Commissioner Carollo for discussion. Please. Commissioner Carollo: Thank you, Mr. Chairman. This is similar to one we had, I guess, in the last Commission meeting, where, again, I'm a little hesitant because what happen -- what our experience was in the sunshine meeting with 17th Avenue, and I -- and -- so this is just south -- if you're heading southbound -- Commissioner Suarez: Correct. City of Miami Page 51 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: --on 27th Avenue -- Commissioner Suarez: Yep. Commissioner Carollo: -- you cannot make a left turn. Commissioner Suarez: During those hours. Commissioner Carollo: -- on 24th Terrace on and on 23rd Street? Commissioner Suarez: Yeah. And like I said in the personal appearance item, you know, unfortunately, FDOT, in the way they did 27th Avenue, like I said, they picked winners and losers. And if you're -- if you were unlucky and they decided to leave your intersection open -- oftentimes -- and like now we're talking Silver Bluff. In the Silver Bluff area, streets, as you know, that will go all the way from 27th to 17th and cut all the way through, and the residents have been complaining for years and years and years; and we've gotten a plan, which we're executing, which is traffic tables, which is the 22nd Avenue, which we did in the last Commission meeting, and this on 27th Avenue, so it's comprehensive from -- all the way from 27th, all the way down to 17th. And obviously, like everything else, we're hopeful that this will have a huge impact in reducing it, but I'm willing to go further and further and further, depending on the needs of the neighborhood, because at the end of the day, the promise of -- that we have to deliver is quality of life for our residents, and until we get there, no matter what has to be done, no matter how it has to be done, I'm going to do it, so. Vice Chair Russell: Thank you very much. Is there any --? Commissioner Gort: You can always stand there and direct traffic. Commissioner Suarez: What's that? Commissioner Gort: You can always stand there and direct traffic. Commissioner Suarez: Yeah. If I have to, sure Vice Chair Russell: I'll open up public comment on this item. Would anyone like to speak on item RE.4? Hearing none, I'll close public comment. Any further comments from the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Later... Ms. Mendez: Chairman. Vice Chair Russell: Yes. Ms. Mendez: I just wanted to clam for the record, even though I read the amendment into the record on RE. 4, I wanted to make sure that it's as amended. Vice Chair Russell: Thank you, Madam City Attorney. City of Miami Page 52 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE.5 RESOLUTION 2030 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A PURCHASE AND SALE AGREEMENT Management ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ABSENT: BETWEEN THE CITY OF MIAMI ("CITY"), AS PURCHASER, AND AT&T COMMUNICATIONS, INC. ("AT&T"), AS SELLER, FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 13 NORTHWEST 6TH STREET, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE LOT AREA OF 10,586 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" OF THE AGREEMENT, ATTACHED AND INCORPORATED ("PROPERTY"), FOR A TOTAL PURCHASE PRICE OF THREE MILLION FOUR HUNDRED FIFTY THOUSAND DOLLARS ($3,450,000.00) CONTINGENT UPON THE CITY OBTAINING TWO (2) WRITTEN APPRAISALS FROM LICENSED FLORIDA APPRAISERS CONFIRMING THAT THE APPRAISED VALUE OF THE PROPERTY IS AT LEAST THE STATED PURCHASE PRICE ("PURCHASE PRICE"); 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 A SOURCE TO BE DETERMINED IN A TOTAL AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THIRTY SEVEN THOUSAND DOLLARS ($3,537,000.00), TO COVER 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-17-0201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: RE.5. Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.5 is a purchase and sale agreement between the City and AT&T (American Telephone & Telegraph) for approximately 10, 000 square feet at 13 Northwest 6th Street. This parcel, together with a second adjacent parcel that was given over to us by FEC (Florida East Coast), will be used to replace Firehouse 1. Commissioner Gort: Move it. Vice Chair Russell: It's been moved by Commissioner Gort. Citv ofMiami Page 53 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: Second. Vice Chair Russell: It's been seconded by Commissioner Suarez. Would anyone like to speak on this item from the public? Madam Holmes, don't trip. Renita Holmes: You know, quite often -- Madam Holmes for the record, a resident. You know, quite often, we hear -- just for insight and concern, we hear about the lack of historical properties. We go through this thing about signage in what is Historical Overtown, and that area is very important to me. Environmentally, when we were taught in Brownsville through the grant provided to the City of Miami that was one of those areas concerned. We always give monies to facilities and those utilities that support us. Now, it's an exchange of properties, which creates eminent domain issues. My major concern, though -- I know. Vice Chair Russell: I'm sorry? Ms. Holmes: Go ahead and sell it. It just -- I withdraw my comments, sir. Thank you. Vice Chair Russell: This is the purchase of land from AT&T to expand our firehouse. Ms. Holmes: I love the firehouse. It's historical. I love environmental issues that we have with our historical firehouses. I say, if it's in the ground -- before you sell it, it's in the ground; after you sell it, and if you dig in it, it kicks it up. I'm going to leave that right there. Commissioner Gort: Right. Vice Chair Russell: Thank you, Madam Holmes. Commissioner Gort: Good. Ms. Holmes: And I don't mean just the garbage that's underneath that property. Vice Chair Russell: Is this particular firehouse a historic property? Commissioner Gort: No. Vice Chair Russell: Can someone clarify, please? Commissioner Gort: No, no. Daniel J. Alfonso (City Manager): Mr. Chairman, I believe -- she may be thinking of the Coconut Grove facility. Is that what you're thinking about? Ms. Holmes: Yes, sir. Surrounding -- Mr. Alfonso: Right. Ms. Holmes: You know, I'm an environmentalist. What -- Commissioner Gort: Right. You're way off. Ms. Holmes: -- (UNINTELLIGIBLE). Commissioner Gort: You're way off. We're talking (UNINTELLIGIBLE). City of Miami Page 54 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Holmes: We won't talk about that. You want to talk about that? Commissioner Gort: No. Ms. Holmes: I don't want to talk to -- Vice Chair Russell: Don't answer it. I believe that's a different property. This is not a historic firehouse, but it's a -- Ms. Holmes: Well -- Vice Chair Russell: -- expansion property. Ms. Holmes: No. They said, Coconut Grove wasn't historic, but it keeps getting -- I'm just -- I don't want to take it to a bigger issue that we can't discuss, and I don't want to raise flags that some people seem to bury, and I don't want to dig up dirt, you know, that that flag is buried under, so please accept my withdrawal of the conversation. Vice Chair Russell: Thank you, Madam Holmes. Ms. Holmes: Thank you. Vice Chair Russell: Is there any further public from the -- comment from the public on this item? Hearing none, I'll close public comment. Any comments from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 55 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE.6 RESOLUTION 2089 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Department ofReai THE PENDING TRANSFER OF THE CONTROLLING INTEREST OF BAYSIDE MARKETPLACE, LLC ("BAYSIDE MARKETPLACE") Estate and Asset TO BAYSIDE EQUITIES, LLC, A SUBSIDIARY OF ASHKENAZY Management ACQUISITION CORP., THEREBY TRANSFERRING THE CONTROLLING INTEREST OF BAYSIDE MARKETPLACE PURSUANT TO THE RESTATED LEASE AGREEMENT DATED AS OF OCTOBER 15, 1985, AS AMENDED ("RETAIL LEASE"), AND THE LEASE AGREEMENT DATED JANUARY 14, 1985, AS AMENDED ("PARKING GARAGE LEASE"), JOINTLY REFERRED TO AS "LEASES", BOTH BY AND BETWEEN THE CITY OF MIAMI ("CITY"), AS LANDLORD, AND BAYSIDE MARKETPLACE, LLC, AS TENANT, PROVIDING THE CITY A TRANSFER FEE OF APPROXIMATELY ONE MILLION SEVEN HUNDRED NINETY SIX THOUSAND DOLLARS ($1,796,000.00) UPON THE COMPLETION OF THE TRANSFER PURSUANT TO THE LEASES; FURTHER APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE LEASES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID TRANSFER. ENACTMENT NUMBER: R-17-0202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: RE. 6. Daniel Rotenberg: Commissioners, Daniel Rotenberg, Department of Real Estate & Asset Management. RE.6 is a resolution approving the pending transfer of the controlling interest of Bayside Marketplace from GGP to Ashkenazy Acquisition Corp. Vice Chair Russell: Thank you, Mr. Rotenberg. Is there anyone from the public who would like to speak on RE. 6, transfer the controlling interest of Bayside? Seeing none, I will close public comment. Commissioner Gort: Move it. Vice Chair Russell: It's been moved by Commissioner Gort; seconded -- Commissioner Carollo: Second. Vice Chair Russell: -- by Commissioner Suarez [sic]. Comment from Commissioner Carollo. Commissioner Carollo: Yes. I'd like to enter for the record an email from our Auditor General, saying that he is okay with the transfer. City of Miami Page 56 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Thank you very much. And thank you, Mr. Cruba. Is there any further discussion from this item on the dais? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? RE. 6 passes. RE.7 RESOLUTION 2060 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Department of THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR Planning and PRIVATE PROPERTY PURSUANT TO SECTION 62-521(B)(4) OF Zoning THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ABSENT: ("CITY CODE") TO ALLOW LOUIS VUITTON USA, INC. TO HOLD FOUR (4) TWO (2) WEEK INDUSTRY RELATED EVENTS; FURTHER RELAXING THE HOUR OF OPERATIONS RESTRICTIONS CONTAINED IN SECTION 36-5(A) OF THE CITY CODE, ENTITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," PURSUANT TO SECTION 36-5(C) OF THE CITY CODE FOR THE LOUIS VUITTON USA, INC. EVENTS LOCATED ON THE ROOFTOP AT 140 NORTHEAST 39 STREET, MIAMI, FLORIDA, BEGINNING MAY 1, 2017 AND ENDING APRIL 31, 2018. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record. For minutes referencing item PIE. 7, please see "Order of the Day. " RE.8 RESOLUTION 2045 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners CODESIGNATING A PORTION OF SOUTHWEST 12TH COURT BETWEEN SOUTHWEST 8TH STREET AND SOUTHWEST 10TH and Mayor STREET IN MIAMI, FLORIDA, AS "ROLANDO OCHOA WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-17-0203 Citv ofMiami Page 57 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: I believe RE.7 was deferred. Let's hear RE. 8, please, codesignation of Rolando Ochoa Way. Daniel J. Alfonso (City Manager): That is a Mayor's item, but I'll go ahead and read it into the record. It is a resolution co -designating a portion of Southwest 12th Court, between Southwest 8th Street -- I'm sorry. I broke down; I got glasses. I can't read this stuff anymore. -- Southwest 8th Street and Southwest 10th Street in Miami, Florida, as "Rolando Ochoa Way"; further directing the City Clerk to transmit a copy of the resolution to the herein designated ofcers. By the way, I want to recognize that it's also co-sponsored by Commissioner Frank Carollo. Vice Chair Russell: Yes. Commissioner Carollo. Commissioner Carollo: Mr. Chairman, I move the item. However, the sponsor is Mayor Tomds Regalado. My name is there, but, you know, I'm not a sponsor of this. Vice Chair Russell: You're not a co-sponsor, but you are moving the item? Commissioner Carollo: Yes. Commissioner Suarez: I'll second. Vice Chair Russell: Noted. It's been seconded by -- Commissioner Gort: Second. Vice Chair Russell: -- Commissioner Suarez. Commissioner Gort: Comments. Vice Chair Russell: Commissioner Gort. Commissioner Gort: By the way, we got to look into this, because my first home when I came to Miami was 861 Southwest 12th Court, so we want -- Vice Chair Russell: Would anyone from the public like to speak on this item, codesignation of Rolando Ochoa Way? Seeing none, I'll close public comment. Any comments from the dais? It's been moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes City of Miami Page 58 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE.9 RESOLUTION 1965 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO Management and THE GENERAL FUND, DEBT SERVICE FUND, SPECIAL Budget REVENUE FUND, AND INTERNAL SERVICE FUND FOR THE NAYS: FISCAL YEAR 2016-2017, PURSUANT TO RESOLUTION NO. 16- ABSENT: 0444, ADOPTED SEPTEMBER 20, 2016, FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2017; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-17-0205 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort , Commissioner AYES: Russell, Gort, Suarez NAYS: Carollo ABSENT: Hardemon Note for the Record. For further minutes referencing item RE. 9, please see "Order of the Day. " Vice Chair Russell: We're going to get into the budget portion of the day. We'll take up RE.9, RE.10; and then, obviously, BU.1; is that the right order? Christopher Rose (Director, Office of Management & Budget): Yes, sir. Vice Chair Russell: Thankyou. Mr. Rose: Good afternoon. Chris Rose, Office of Management & Budget. RE.9 is the midyear budget amendment for the operating budget. It generally has four revenue changes that primarily involve the Southeast Overtown/Park West CRA (Community Redevelopment Agency), and some rollover departments being recognized in the midyear. There are general fund changes that increase positions in certain departments. The largest one is nine temporary to permanent positions in the Building Department, and some additional money for the Melreese Golf Course and Playground repairs. There are changes in non -departmental; in particular, transfers out to capital projects in the amount of $5 million, and then some special revenue changes. I'd be happy to take any questions you may have at this time. Vice Chair Russell: I'll open it to the Commissioners. Commissioner Suarez: I just have one amendment. I had discussed with the Manager a while back a campaign that the City used to fund, which was the Hot Spot Campaign. I think the funding amount was like $40, 000 a year. I don't know if you remember us talking about it. And I said that I'd probably bring it in the midyear; and, obviously, we are in the midyear. So it's something that -- it's a one-year thing. City of Miami Page 59 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 We've done it every -- pretty much every year. For whatever reason, it got discontinued, but it's something that -- we did it through PULSE (People United to Lead the Struggle for Equality), and it was very successful. So that's my one amendment. Vice Chair Russell: There's been an amendment offered -- well, we don't have a motion yet at this point, do we -- Commissioner Suarez: I'll -- Vice Chair Russell: -- on the resolution? Commissioner Suarez: Well, I don't want to move it, because I don't know if anyone else has any other changes. Vice Chair Russell: Right. I'll be asking for an amendment, as well. I see we're allocating 25,000 to our Resilience Officer's budget with regard to mapping of flood zones. I'd like to increase that budget; not just for specifically mapping, but perhaps for manpower, other things with regard to resilience, to another 75,000, bringing it to 100,000. Are there any other amendments to RE9, RE10, budget -wise? Any discussion? Commissioner Suarez: Move RE. 9, as amended. Vice Chair Russell: It's been moved. Commissioner Gort: Second. Vice Chair Russell: And second by Commissioner Gort. Would anyone from the public like to speak on any of the budget amendments that are being taken, that are taking place right now? Hearing none, I'll close public comment. Mr. Rose. Mr. Rose: Commissioners, just where the funding would come from for those two amendments. Commissioner Carollo: That was going to be my question. Mr. Rose: Yeah. We would reduce the reserve for uncollectible by that same 115,000-- Commissioner 15,000-- Commissioner Suarez: Fine. Mr. Rose: -- that was just moved. Commissioner Suarez: That's fine. Vice Chair Russell: Thank you. Mr. Rose: Thank you. Vice Chair Russell: Any further discussion from the dais? All in favor, say "aye." Commissioner Suarez: Aye. Commissioner Gort: Aye. Vice Chair Russell: Any opposed? City of Miami Page 60 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: No. Vice Chair Russell: Noted. Motion passes. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended, yes. Commissioner Suarez: As amended. RE.10 RESOLUTION 1966 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Management and YEAR 2016-17 MULTI-YEAR CAPITAL PLAN ADOPTED ON Budget SEPTEMBER 6, 2016, PURSUANT TO RESOLUTION NO. 16-0393, NAYS: AS SUBSEQUENTLY AMENDED ON SEPTEMBER 20, 2016, ABSENT: PURSUANT TO RESOLUTION NO. 16-0445, ON NOVEMBER 17, 2016, PURSUANT TO RESOLUTION NO. 16-0565, AND ON MARCH 9, 2017, PURSUANT TO RESOLUTION NO. 17-0108, REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND ALL OTHER NECESSARY OFFICIALS, EMPLOYEES, AND AGENTS OF THE CITY OF MIAMI TO TAKE ALL ACTIONS NECESSARY FOR CONTINUING COMPLIANCE WITH RESOLUTION NOS. 07-0586 AND 09-0470, ADOPTED ON OCTOBER 11, 2007, AND ON OCTOBER 8, 2009, RESPECTIVELY, AND THE TAX COMPLIANCE CERTIFICATE, DATED DECEMBER 2, 2009, FOR THE $65,000,000.00 CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS, SERIES 2009 (STREET AND SIDEWALK IMPROVEMENT PROGRAM); RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS. ENACTMENT NUMBER: R-17-0206 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez NAYS: Carollo ABSENT: Hardemon Note for the Record. For further minutes referencing item RE.10, please see "Order of the Day. " Vice Chair Russell: It's 9, 10, and BU. 1 ? Citv ofMiami Page 61 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 Christopher Rose (Director, Office of Management & Budget): There was a -- I thought we just passed RE. 9? Vice Chair Russell: 9. Mr. Rose: Okay. Vice Chair Russell: Okay. 10. Mr. Rose: 10 is the capital companion midyear budget amendment. There were some changes requested as a floor amendment from District 4, and I can read those. If you want to do discussion first, I can read them after that, or if there's no discussion, I can read them now. Vice Chair Russell: Any discussion from the dais before he reads the items? Go ahead. Mr. Rose: Thank you. All right. Curb and gutter at Southwest 23rd Avenue, in the amount of 8 7, 000 and some change; flooding at 1701 Coral Gate Drive, 70,000; roadwork at 32nd Avenue and West Flagler, in the amount of 122; traffic circle at Southwest 32nd Avenue; street improvements along 45th Avenue, in the amount of 32,000; and roadway work at Southwest 30th Court and Southwest 12th Street, both in the amount of 105,000 and 36,000. These funds are all coming from projects that are completed. They are District 4 exclusive projects, and we would just move the money around, with your concurrence. Commissioner Suarez: Move it. Vice Chair Russell: It's been moved, RE. 10. Commissioner Gort: Second. Vice Chair Russell: Seconded by Commissioner Gort. Is there any comment from the public on RE. 10, budget amendment? Any comment from the dais? All in favor, say "aye. it Commissioner Suarez: Aye. Commissioner Gort: Aye. Vice Chair Russell: Motion passes -- all opposed? Commissioner Carollo: No. Vice Chair Russell: Noted. Motion passes. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended. Mr. Rose: Thank you, Commissioners. Vice Chair Russell: Thank you. City of Miami Page 62 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 RE.11 RESOLUTION 2206 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO and Mayor ACCEPT A DONATION FROM THE MIAMI MARLINS, L.P., A AYES: FOREIGN LIMITED PARTNERSHIP, AND MAJOR LEAGUE ABSENT: BASEBALL, A FOREIGN NON-PROFIT CORPORATION (COLLECTIVELY "DONORS"), AT AN ESTIMATED VALUE OF ONE MILLION DOLLARS ($1,000,000.00), IN THE FORM OF PERMITTED IMPROVEMENTS AT CHARLES HADLEY PARK AND JOSE MARTI PARK, CITY OF MIAMI ("CITY") OWNED PARKS LOCATED AT 1350 NORTHWEST 50TH STREET AND 351 SOUTHWEST 4TH AVENUE, MIAMI, FLORIDA, RESPECTIVELY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DONORS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. ENACTMENT NUMBER: R-17-0204 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: RE. 9, we're going to wait until after lunch; is that correct? Commissioner Carollo: 9 and 10. Vice Chair Russell: 9 and 10. RE. 11. Daniel J. Alfonso (City Manager): Mr. Chairman, RE.11 is accepting the improvements that are being donated to the City by Major League Baseball as a result of the All-Star Game that is coming to town. We would like to thank the Major League Baseball for their contribution to improving our City. The sponsors of this item are Commissioner Carollo, Commissioner Hardemon, Mayor Regalado; have been co-sponsors. We'd like to note that the estimate of the work that is going to be done exceeds a million dollars. It's more like 1.1 and change. I would like to amend this resolution to be 1.2, just in case that they do more work. I don't want to have to necessarily have to come backjust to accept more money. Commissioner Carollo: Move it, as amended Commissioner Suarez: Second as amended. Vice Chair Russell: It's been moved by Commissioner Carollo; seconded by Commissioner Suarez, and amended Would anyone from the public like to comment on this item, RE.11, approving a donation from the Marlins MLB (Major League Baseball) gift agreement? City of Miami Page 63 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just have a question. We hear a lot on the news about the Marlin being sold, and the agreement that it was done by the City about the taxpayers' money, who was put into the Marlin, is not going to be able to get paid back to the City. So I just want to make sure that I actually understand it, because I have received a lot of calls about it that, "Oh, the $300 million was put into the Marlins, and now it's not going to be paid back because it's different timing of the sale, according with the agreement they have. " Can you please clarify so I actually can make some sense out of it? Because I think most people don't understand what's going on. Commissioner Gort: Yeah, I know. Vice Chair Russell: You'd like clarification regarding the taxpayer money invested in the Marlins stadium, and whether their new purchase will affect a repayment of that money to the taxpayers? Commissioner Gort: Yeah. Let me ask a question. Vice Chair Russell: Who would like to handle this item? Commissioner Gort: Was that a revenue bond issues? Mr. Alfonso: No. So a couple of things. First of all, there's a three party or four - party agreement. You had the County, you had the City, you had the Major League Baseball, Marlins -- Commissioner Carollo: Now -- Mr. Alfonso: Commissioner Carollo. Commissioner Carollo: No. And I'll let you continue. I just want to make clear that has nothing to do with the item. Mr. Alfonso: Right, it has nothing to do with this. That's a separate issue. Commissioner Carollo: Yeah, that's a separate issue. It has nothing to do with the item -- Commissioner Gort: Yeah, right. Commissioner Carollo: -- that's before us, where they're actually giving the City of Miami services and, you know, are investing approximately $1.2 million from Major League Baseball and the Marlins into the City of Miami in our City parks. Commissioner Gort: Call the question. Commissioner Carollo: But with that said, I'll yield to you, Mr. Manager. Mr. Alfonso: Right. So -- you want to take a vote on that item first, and then I can clarify (UNINTELLIGIBLE)? Commissioner Gort: Yeah, let's vote on the item. Vice Chair Russell: We'll welcome the comment, that's fine. Mr. Alfonso: Okay. City of Miami Page 64 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: Or at a later time, if you can get together with -- Mr. Alfonso: Right. Commissioner Carollo: -- Ms. Betancourt and, you know -- Mr. Alfonso: Just for the record, my understanding, if the sale happens or it doesn't happen, nothing changes in the agreement that exists. You know, there will continue to be a bolting there and -- Vice Chair Russell: And within the global agreement, there's no provision in the event of sale with regard to taxpayer investment (UNINTELLIGIBLE)? Mr. Alfonso: Right. The issue is also that the money that the City of Miami invested was only in the parking facilities and in giving the land to the County. So we know we didn't get paid for the land, but we do get tourist -- is it tourist development? Yeah, tourist development taxes and parking franchise dollars that come in to help pay for the debt obligation on the parking garages, but that was the City's only contribution into it, and those revenues are pledged to go back into paying that debt. As of right now, there is no general fund going to support that operation. It's supporting itself. Commissioner Gort: And the County funding was in the bond? Mr. Alfonso: The County agreement is a separate agreement. Commissioner Gort: I understand. Mr. Alfonso: Yeah. It's a -- it's all tourist development taxes. It's CDT (convention development tax). It is -- it's a combination -- Commissioner Gort: Combination of different infrastructures. Okay, thanks. Vice Chair Russell: Thank you very much. Is there any further comment from the public regarding this item? Seeing none, I'll close public comment. Any further comment from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Vice Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended. END OF RESOLUTIONS City of Miami Page 65 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 BU -BUDGET BU.1 BUDGET DISCUSSION ITEM 1509 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: And BU. 1. Christopher Rose (Director, Office of Management & Budget): BU.1 is the monthly budget report. We are projecting right now a surplus in the general fund of 26.7 million, and a deficit in the internal service fund of about 900, 000, for a total net surplus of $25.8 million. This is about a million and a half higher than it was last month when we talked. In particular, we are watching what's happening in Tallahassee, and what's happening in Washington. I know we had a discussion item last meeting about the President's skinny budget, so I will be sending that out to you all; my apologies for not sending it before. Commissioner Carollo: Mr. Chair. Mr. Rose: Yes, sir. Commissioner Carollo: No; Mr. Chair. Vice Chair Russell: Of course. Commissioner Carollo: Just a follow-up to what you're saying. The numbers that you're giving, is that taking into consideration the midyear adjustments? Mr. Rose: It does not take into consideration the midyear -- Commissioner Carollo: So the 26 just dropped to 20 easily, because of the 5 -- Mr. Rose: About. Commissioner Carollo: -- that you're -- okay. Mr. Rose: Yes, sir. Commissioner Carollo: So that's pre -- Mr. Rose: Pre -midyear. City of Miami Page 66 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: -- midyear. So with the midyear, all those numbers obviously change. I just mentioned one. Mr. Rose: Right. Daniel J. Alfonso (City Manager): And it assumes no storms in the summer and those type of things, so -- because we have the reserves for those things. If those things happen, then all bets are off. Commissioner Carollo: Right. And we just reduced our reserves? Mr. Rose: Yes, sir. It also does not take into account any collective bargaining negotiations that are currently underway. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Yeah. I was just going to say, you know, I know we had the - - sort of Florida Supreme Court case, and everyone's sort of, I think, letting the dust settle on that, but I think at some point, it's important for us to re-engage. We do have one particular bargaining unit that's not under contract, so, I mean, I hope we're being proactive in -- Mr. Alfonso: Commissioner, the last time we met with that board, they requested that they needed some time. Our word to them was, "As soon as you're ready, let us know. " Commissioner Suarez: Why don't you reach out to them and find out if they're ready? Mr. Alfonso: Okay. Commissioner Gort: Are you guys ready? Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: More importantly, you still haven't reserved anything, so -- obviously, there's going to be some negotiations, but you still haven't reserved anything for these contracts. I think no one believes that the contracts are going to be status quo; that's why we're negotiating. But there's no reserves placed in our current budget. Any reason for that? Or are you taking those -- the reserves into consideration that you probably may have to increase for labor? Mr. Rose: Yes, sir. The budget today is -- as it was just amended, does not have any reserves in it; that's this year's budget. Next year's budget is still under development and -- it's still under development. There's a lot of steps left in that dance, so I don't have a reserve set aside -- Commissioner Carollo: Right, right. But my point is that currently, we have one of the labor negotiation group without a contract. Mr. Rose: Yes. And we have two coming up very soon. Commissioner Carollo: And we don't have any reserves for that labor negotiation. I understand that next year, it'll be -- if they don't get a contract, it'll be two years -- or going into two years that they don't have -- that they're operating without a contract, City of Miami Page 67 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 but that's why, you know, I bring that concern that we should have something reserved for them, because -- Do you believe that the contract will stay neutral, and there's not going to be any increases? Mr. Rose: The negotiations are still underway, sir. Commissioner Carollo: Okay. We'll leave it at that. Mr. Rose: If I may, also, Commissioners, you've all received a flyer. We've got five budget meetings coming up over the next few weeks, starting next Monday -- not this coming Monday, but the following Monday, the 8th. We'll be talking about the City's budget, upcoming budget, and about the general obligation bond; gaining some public input on both topics. Vice Chair Russell: Thank you for bringing that up, and I'd like to reiterate it to really encourage the public to attend. It will be as riveting as this discussion, if not more so, to put it in context. Obviously, the financial needs of the City are great, and the things we'd like to be able to provide our citizens are even more so. The cost of those things have a big question mark, and the large capital investments that we'd like to make could potentially be helped out by this bond issuance. That's going to be up to the public to decide. You should know whether it's something that you want your City to do, and you should speak up on what items -- what line items you would want to see the City spend on big capital projects; could be roadway, could be resilience, could be historic preservation, you name it. This is the City's decision, so May 8, here at City Hall, 6 p.m., please feel free to attend and participate. Commissioner Gort: Mr. Chairman. Vice Chair Russell: Yes, Commissioner Gort. Commissioner Gort: Last time we presented this, I asked a lot of questions that I thinkpeople would like to know. I know meetings in certain areas, a lot of individual shows up, a lot of the residents shows up. But in other areas that are (UNINTELLIGIBLE), we have 10 people from the City of Miami, maybe one or two residents. In those areas, somehow, we need to get the information to them through social media, through our TV (television) programs, but we've got to make sure that it goes to those people, also. Mr. Rose: Yes, sir. Vice Chair Russell: Any further discussion on BU.1 ? No. Thank you very much, Mr. Rose. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 68 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 AC - ATTORNEY-CLIENT SESSION City of Miami Page 69 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 ACA ATTORNEY-CLIENT SESSION 1988 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 APRIL 27, 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 CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, 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; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS. 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. i RI ESULT: DISCUSSED Vice Chair Russell: We're now going to breakfor a shade meeting, and the Commissioners will be back -- I'm going to estimate -- in about 20 minutes. Madam City Attorney, you need to read something for AC.1 ? Victoria Mendez (City Attorney): On April 13, 2017, under the provisions of Section 286.011(8), Florida Statutes, I requested that the City Commission meet in private to discuss pending litigation in the case of 1000 Brickell, Limited, formerly known as 1000 Brickell, Inc., and Kai Properties, Limited, City of Miami, Case Number 14-11755 CA 23, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Citv ofMiami Page 70 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Miami -Dade County, to which the City is presently a party. The City Commission approved my request, and will now, at approximately 3:30 p.m., commence a private attorney/client session under the parameters of Section 286.011(8), Florida Statutes. This private meeting will conclude approximately one hour later, or maybe a little less. The session will be attended by the members of the City Commission, which include Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Deputy -- and Division Chief for General Litigation, Chris Green; and Division Chief for Land Use Transactional, Rafael Suarez - Rivas. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon conclusion of the above-cited ongoing litigation. At the conclusion of the attorney/client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney/client session. Thank you. Todd B. Hannon (City Clerk): And for the record, the meeting stands in recess. END OF ATTORNEY-CLIENT SESSION City of Miami Page 71 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 DI - DISCUSSION ITEMS D1.1 DISCUSSION ITEM 2025 QUARTERLY UPDATE BY MR. WAYNE PATHMAN, CHAIRMAN OF Office of THE SEA LEVEL RISE COMMITTEE AND MEMBERS OF THE SEA Resilience and LEVEL RISE COMMITTEE REGARDING RECOMMENDATIONS Sustainability FOR ADVANCING THE CITY OF MIAMI'S RESILIENCE TO INCREASED FLOODING RISKS ASSOCIATED WITH SEA LEVEL RISE. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Suarez, seconded by Vice Chair Russell, and was passed unanimously, with Chair Hardemon and Commissioner Carollo absent, directing the City Manager to begin planning in conjunction with all stakeholders within the City of Miami for a Request for Proposal (RFP) to hire outside resources as it relates to Sea Level Rise and bring back said RFP for the City Commission's consideration. Note for the Record: For further minutes referencing item DI.1, please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: I'm going to move to DI. 1. If we could recognize Mr. Wayne Pathman; quarterly update on the Sea Level Rise Committee. Wayne Pathman: Thank you, Vice Chairman and Chairman of the day, I guess, Commissioner Russell; pleasure to see all the Commissioners. Thank you for having me here, and Madam City Attorney and Mr. Manager. On behalf of the Sea Level Rise Committee, as chairman, I have a report to give you, but before I do that, I would like your Chief Resiliency [sic] Officer, Jane Gilbert, who has a report that precedes mine, to step up, and then I will follow her, so thank you. Jane Gilbert (Department of Resilience and Sustainability): Thank you. Good afternoon. Jane Gilbert, Chief Resilience Officer for City of Miami; really welcome the opportunity to update you on our different initiatives related to the resilience to sea level rise, specifically; but before I do that, I want to bring an update on the resilient Greater Miami and the Beaches' strategy development and the extensive stakeholder engagement we've been conducting related to that. We have had nine listening and learning sessions from subject area experts in the areas of housing, education and youth development, public safety, health, social equity, planning and zoning, water; total of 118 local experts in that area; actually, not all local; some beyond local. We've interviewed 20 of the other 32 Mayors in Miami -Dade County. We've conducted seven focus groups, including Code for Miami, Philanthropy Miami, the City Managers Association, the American Institute of Architects Local Chapter, the Miami Urban Area Working Group, the Local Mitigation Strategy. We've had close to 100 and -- 350 attendees at each of those, and we've had an online questionnaire. Some of you have helped push that out for us. And we've had just --we've --so far, just under 2, 000 responses. So we've been actively capturing all these into the Hundred Resilient Cities' tools and synthesizing that data that will go into our preliminary resilience assessment. Then we will pick about a handful of discovery areas, around which, we'll do a deeper dive, and then that'll ultimately result in our strategy, coming out early next year. Even with all the stakeholder City of Miami Page 72 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 engagement, we feel we need to do more, and so, we have secured additional funding from Rockefeller to hire through the Miami Foundation a public relations firm, ZMPR, and they're actively helping us with that engagement, as we go forward. Miami -Dade County is bigger than the State of Rhode Island, with twice the population; it's very diverse. We need to make sure we're reaching in all pockets, and using -- leveraging social media to the extent that we can, and all other tools to engage. So with that -- and then, the -- I'm also working, with the Manager's direction, to take that resilient framework, City resilient framework into our overall next iteration of the City's strategic plan and budget process, and as part of that, I've met with every single department director to socialize this concept and to begin to idents what initiatives they have now, and what could potentially be worked into our City's resilience strategy. I'm very excited about that. And then, together with our chief of operations, Dr. Ihekwaba, we formed a Resilient Infrastructure Committee that meets once every three weeks. It includes all the different departments related to infrastructure -- Planning & Zoning, Parks, Building; certainly, Capital Infra -- Capital Improvements, Public Works -- and really, to make sure that every capital infrastructure investment that we're making in this City brings a resilience framework and that integrated resilience framework to mind. So to begin to talk about some of the sea level rise -specific activities, we have -- are about to engage a mapping sea -- flood risk mapping expert from the South Florida Regional Planning Council and a graduate intern that has extensive GIS (Geographic Information System) background to work across our departments, to make sure that our staff have the capacity to map the current and future flood risks for the City. We are -- worked in partnership with Frost Science to apply to a Wells Fargo grant to do some mangrove restoration in Virginia Key for storm surge protection vehicles. I want to really thank our chief innovation officer, Mike Sarasti, who helped secure a $200,000 grant from Knight Foundation last week to build our data and IT (Information Technology) infrastructure, specifically related to resilience, so very excited about that. And we're exploring also some professional services to both quanta the economic risks to the City of -- if we just didn't do anything around resilient and flood risk mitigation; and also, to start to evaluate the City's specific infrastructure, vulnerability --flood risk and vulnerability, and have a rapid action plan, prioritizing what investments we need to make, to make sure we can maintain continuity of critical services and protect our assets. Finally, the last thing is that sea level rise is not the only adverse impact that we face related to climate change. Miami has had the highest increase in dangerous heat days since 1970 of any other city in this country, and it is projected to continue to have that. So we've worked with the County data on where the heat islands are in the City, and where are lacking in urban tree canopy, and are now working with Planning & Zoning and our Parks on a plan to make sure we restore that tree canopy; some of that, you saw earlier was some of the Arbor Day work, but we've been applying for grants, as well, to make sure that in areas like Liberty City, Allapattah, Little Havana, that we have a concentrated effort on restoring our tree canopy. Finally, the -- before I turn it over to the Sea Level Rise Committee, I know they sent you a memo and attachment related to some investigation of what's coming up with the National Flood Insurance Program. They continue to be urgently focused and very focused on the potential economic risks here within the City; particularly, urging for more resources. So, Chairman, Commissioner Russell, thank you so much for additional resources to our department. This is a good, important step, and we continue -- move it forward, hopefully, with the bond investments. We're very supportive of where the Sea Level Rise Committee is going with this, especially with the idea of having neighborhood -by -neighborhood comprehensive planning around how we're going to adapt to these new challenges. So with that, I'm going to turn it over to our chair, Mr. Wayne Pathman. Commissioner Suarez: Mr. Chair, ifl may, real quick? City of Miami Page 73 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Gilbert: Unless there's any questions. Vice Chair Russell: Commissioner Suarez. Ms. Gilbert: Yeah. Commissioner Suarez: Just quickly. Ms. Gilbert: Yeah. Commissioner Suarez: It's not even a question; it's more of a comment. I mean, I -- everything you said is totally on point. There was one out of the many good things that you said, something that is -- and I saw the City Attorney shaking her head. When you talk about the tree canopy -- Ms. Gilbert: Yeah. Commissioner Suarez: -- in particular. Ms. Gilbert: Yeah. Commissioner Suarez: I mean, everything that you said is important. I just --for whatever reason, today, I wanted to harp on that, because I'm having an issue again with cut -through, and the street, ironically, where the cut -through occurs -- right? -- the one where it occurs has no canopy. The ones where they don't occur have these lush, beautiful, you know, trees. Ms. Gilbert: Yeah. Commissioner Suarez: And so, it does create a little bit of a system of "have and have nots" -- Ms. Gilbert: Yes. Commissioner Suarez: -- in our City. Ms. Gilbert: Yes. Commissioner Suarez: We have to really be mindful of that. And then, the other thing is, there is slated to be cut down -- it's something I'm working with the Manager on -- I think 19 palm trees or something in the Shenandoah area. And, you know, obviously, palm trees don't give a tremendous amount of canopy, but they are beautiful and they do add to the sort of aesthetic quality of the area, and they are very skinny, so I don't see why -- how they could obstruct a driver. But what -- everything that I've read and everything that I've encountered in my time as a Commissioner and before has led me to believe that canopy, not only does it obviously provide shade; not only does it provide oxygen; not only does it beautify, but it also reduces speed of cars. So I just wanted to emphasize that. I thank you for what you're doing. Thank you, Mr. Chair, today, for your amendment, and I think we're heading in the right direction. Ms. Gilbert: Thank you. Vice Chair Russell: Thank you. I had one question. Ms. Gilbert: Sure. City of Miami Page 74 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: In hiring an outside firm to do marketing and outreach, I think it's a great idea. I think they get very excited about social media and come up with some great -- who knows what. I want them not to forget the basics, because the part of the conversation I know that is important to you, as well, of bringing in a social equity with regard to resilience. A lot ofpeople don't have social media. Ms. Gilbert: So -- Vice Chair Russell: Outreach to churches is important, flyers are church -- are important -- Ms. Gilbert: So -- Vice Chair Russell: -- the old fashioned stuff. Ms. Gilbert: Absolutely. And I didn't mention that part of the plan, but we're actually -- Vice Chair Russell: It's there. Ms. Gilbert: -- very much apart of reaching out to the faith -based -- One of the best things we've done is gotten out to people and asked for their input; that's all going in. And the face-to-face and interactive meetings -- we had one in Little Haiti, actually, on Tuesday night, and it was great. It was -- we partnered with Cleo, and FANM (Fanm Ayisyen Nan Miyami, Inc), the Haitian Women of Miami, and New Florida Majority, and it's focus groups like that that actually really get us the real input. So I appreciate you making that comment. Vice Chair Russell: Thank you. Mr. Pathman: Good afternoon again. Wayne Pathman, attorney at Pathman Lewis, located at I Biscayne Tower, 2 South Biscayne Boulevard, and chairman of the City of Miami Sea Level Rise Committee. First of all, I'd like to start by commending all of the Commissioners for creating this committee and giving the City an opportunity to work towards finding resiliency solutions and sustainability. Before I get into my -- the main portion of my presentation today and talk about what the committee has done since our last report, I want to thank you again for the budget amendment today, and supporting our efforts, along with the Chief Resiliency Officer, Jane Gilbert. $100,000 is a good start. I'm going to ask you for more money today when I -- before I finish, and tell you why. One of the things, also, that I would like to request from the Commission -- and I have done this in the sister city of Miami Beach, where Commissioners there asked me to help them draft some legislation, encouraging our legislators, both at the State and Federal level, to take a good look at the NFIP (National Flood Insurance Program) Program and how much money leaves the State of Florida that we are the -- you know, the donor State for Texas, the Midwest and Louisiana. So approximately 37 percent of all money collected by the NFIP comes from Florida, and it subsidizes the claims that you see on TV every night from flash flooding and so on in the Midwest. The problem is that, as NFIP is going through now a lot of changes in Congress that we expect to happen before the end of the year, before the contract is renewed in September or October of this year, we are -- I'm suggesting that you encourage the State legislators and the Federal legislators to see about -- if money from what is collected from NFIP, some percentage of that -- and what Miami Beach proposed was 25 percent -- stay in the State of Florida, except for years where there's hurricanes, to be used for infrastructure, primarily here in South Florida, because we are the most at risk; and also, that policies should change; instead of being a 12 -month policy, but a policy should be two to four years, because what's going to happen in the future is you're City of Miami Page 75 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 going to have to renew these policies every year to be compliant; if you have a mortgage, to have flood insurance, and they're going to be extremely expensive. And what's going to happen is they're going to go up every 12 months, which will make it almost unaffordable for the average person. So by doing things like that, and if the Commission joined in with what Miami Beach is doing, I think we could finally, you know, maybe get some headway. Recently, I was on a panel about a week and a half ago, with two congressmen, Congressman Curbelo and Congressman Costello, from Pennsylvania, and I broached that topic with them in the forum that I was at, and they both agreed that something like that should be done. So there was some instant support, at least, from one of our local congressmen, and I urge this Commission to take similar action. Since our last report, we've had three regular monthly meetings. Those meetings have been very positive. We talked about a lot of very different things, and I'll touch on just a couple of them. The City has retained a consultant from the -- or is planning to retain a consultant from South Florida Regional Planning Council to assist the Office of Resiliency and Sustainability in developing a decision-making GIS mapping tool, which we feel is extremely important. The City needs to know, citywide, where are your, you know, soft points; where are your weak -- or where are your most vulnerable with regards to flooding today, and where it will be in the future, so you can possibly plan better, as opposed to just looking at one area. It gives you an opportunity to do the right type ofplanning, and almost, in effect, like a triage. So you look at the worst place first, see what resources you have, and try to develop some sustainable strategies for that. Two, the City is piggybacking the Miami -Dade County contract with Hazen and Sawyer for developing a rapid action plan to address the vulnerability of City's most critical infrastructure, which we also think is equally important. And since the County has already started, it's good that the City is following suit. Yes, Commissioner. Commissioner Carollo: Thank you. First of all, Mr. Pathman, thank you for the work that you do; what you've done so far, and what you continue to do. Going back go point number one, isn't that what the Storm Water Master Plan, especially when it takes into consideration sea level rise, is supposed to do? Mr. Pathman: Well, it's one of the things, but there's additional resources there that will be needed. And I know Jane has been, you know, working with that, at her level within the City. Commissioner Carollo: Because I think that -- from what I understood, that's the base. That's -- the engineer is doing the -- Ms. Gilbert: Yeah. Commissioner Carollo: -- actual study, and from there, you could map, you could do -- but, you know, you need that Storm Water Master Plan. Ms. Gilbert: So, absolutely. Now, the storm water -- that's an extensive modeling that also is going to digitize all our storm water -- Commissioner Carollo: Exactly. Ms. Gilbert: -- infrastructure. That's needed. And we need to start mapping our vulnerability, even before that's going to be ready. So we're trying to do a rapid assessment of what our most vulnerable areas are to begin the planning with Zoning and with the Building Department, to start, you know, to -- because the master plan - - we haven't even released an RFQ (Request for Qualifications) yet. That will take well over a year before we can even get that out. City of Miami Page 76 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: Couldn't we just have piggyback on the same company that did the master plan a few years back? Ms. Gilbert: To do the mapping? Commissioner Carollo: No; to do the Storm Water Master Plan. Ms. Gilbert: No, because the approach we want to take, we want to make sure we get the best firm possible to bring storm -- bring sea level rise into account in an integrated approach to flood risk management. The geology of Florida is challenging. As we get the water table higher, it's getting more challenging. We need green infrastructure solutions; we need integrated with planning solutions. It's not just a straight engineering solution, so we need the best of the firms out there who can bring that in. So we want to open the RFQ, not just piggyback on an old one. Commissioner Carollo: Okay, understood, but I thought that was the starting point; that's the base. So I'm just -- you know, I'm listening, you know, and obviously, you guys are working in good faith, and I'm listening in good faith, but you want to pinpoint some of the soft areas, but we don't have an -- I would imagine the Storm Water Master Plan, taking into consideration sea level rise, would, you know, pinpoint those spot areas. So we're -- Ms. Gilbert: What we're doing -- Commissioner Carollo: -- speculating, prior to the professionals giving us the actuals? Ms. Gilbert: Absolutely. The -- this first contract, it's only $8,000. What we're doing is to develop the capacity internally, with staff, to be able to map now where our -- We need to be able to inform residents when king tides come in the fall, and which streets are going to be flooded for king tides. We need this information now. We can't wait for an updated Storm Water Master Plan in 18 months. So this is quick and it's inexpensive, and it's going to give our staff the capacity to model flood risk going forward. Commissioner Carollo: Okay. And, you know, I don't want to go back and forth. I just -- really, it's -- I see mapping king tides, okay. I don't know how much it affected the City of Miami. I definitely know it affected the City of Miami Beach, but I really don't know how much it affected the City of Miami. Vice Chair Russell: It does. Ms. Gilbert: I'll tell you, I've been out there mapping. Commissioner Carollo: You know what I mean? Ms. Gilbert: I've had water up to here in Sewell Park. I've had -- same in Shorecrest. There's been -- Commissioner Gort: Northeast section. Ms. Gilbert: -- in Coconut Grove, in Morningside, in Edgewater, downtown -- Commissioner Suarez: Downtown. Ms. Gilbert: -- under the bridge. City of Miami Page 77 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: Sort of close to Allapattah, too. I've seen it. Ms. Gilbert: In Allapattah, along the Miami River, Wagner Creek. I can show you multiple areas that we're already having cars not able to pass roads, sunny -day flooding in the City of Miami, multiple -- Commissioner Suarez: Sunny -day flooding. Ms. Gilbert: --places. Commissioner Carollo: And you need -- Ms. Gilbert: And we need to be able to inform residents so that they can anticipate that and create alternative parking scenarios or where they're going to drive alternative routes, and we're starting to work with the Parking Authority on that. But we need to be able to map this stuff and be able to anticipate it as it comes. Commissioner Carollo: Understood. So some of this -- It's just that it already has been seen, so you want to map and be able to tell the public, "Hey, this is" -- "expect. if Ms. Gilbert: It's -- that's one purpose of the mapping. I'm illustrating that we need to begin to work with Planning & Zoning on upgrading Miami 21; that we need that mapping for that purpose. We -- as we're going into a GO (general obligation) bond, we want to take the priority areas from the last Storm Water Master Plan and do -- idents some key hot spots along the coastal areas and on the Miami River that are also going to need major infrastructure improvements. We want that information now -- Commissioner Carollo: No, I understand. I was -- Ms. Gilbert: -- and we want the staff to be able to continue to use it, and use it in their planning, no matter what department they're in. Commissioner Carollo: Understood. I was just under the impression -- and no one has told me otherwise -- that the base -- the starting point is the master plan. Ms. Gilbert: It is. And I'm not going to argue with that. Commissioner Carollo: So -- Ms. Gilbert: It's -- that is the ultimate goal, but we won't have that for 18 months, and we can't wait for 18 months to begin anything. Commissioner Gort: Let me ask a question. The map is going to show you how to improve the Storm Water Master Plan, also, right? The map going to be very helpful in creating the -- all right. Thanks. Mr. Pathman: That's correct. Just one last point on the mapping. In today's world, in dealing with what you have to deal with as Commissioners in connection with approving an RFQ for a Storm Water Plan or redoing a master plan, you really need to understand the mapping and the elevations, and all the issues that mapping compiles so that you can make proper decisions when you approve a master plan or approve your Storm Water Plan. So the small amount of mapping that Jane was talking about for the --for a very small cost is important. You're going to need a larger -scale mapping as time passes, when you start getting into your Storm Water City of Miami Page 78 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Plan and your master plan. Mentioned earlier about the budget. Back in February, when I was last here, we had requested $300,000 to conduct a vulnerability analysis. We appreciate the 100,000 today, but we really feel it's important to continue to request the money, and to hire outside consulting to help us understand the vulnerability analysis, and to also help us -- help work with your Zoning Department, in order to complement the great Code of Miami 21, the form -based Code, to start including issues related to resiliency and sustainability. It would be, you know, a short -- it would be very shortsighted if we didn't do that, and we need to do it sooner than later. One of the things that you should consider when considering that request is that, currently, in Congress, in subcommittees, the NFIP has been talking about changes that they're going to make; three changes in particular will affect South Florida. One, they're talking about moving policies outside of the Federal Government into the private sector, which will naturally be more expensive. Two, they're talking about increases in how policies will be administered in terms of what they will cover and what areas pose the most risk. And finally, the most important is that if they go to risk-based assessment, that will have a chilling effect on all property values here in South Florida. I don't expect that they will implement the risk-based assessment immediately, but it will be phased in. A good model of that is what they did in 2012 on the Briggert-Waters Act; or in 2014, when they changed it to the Affordability Act. That goes back to Florida again being a donor state. Well, that money is going to leave the State. Policies are going to rise. They could rise over the course of the next 48 months to as much as over 100 percent. They're scheduled to be increased under the current contract with Congress, administered through FEMA (Federal Emergency Management Agency); 18 percent for residential properties this year, and then roughly about 32 percent for commercial properties, and that's just the beginning. So by taking measures that lower risk for insurance companies, you will lower the cost of insurance, which will also maintain value in our real estate, in our property here in Miami, so it's something that's really important to consider. In light of that, there is a company that both Jane and I have been talking to and dealing with called RMS (Risk Management Solutions). They're a London-based company. They represent all the insurance companies, literally, of the world, as well as most of the Fortune 500 companies, in doing economic analyses for all kinds of things that affect value, valuations in property or stock markets, or in countries' currency. But primarily, they work on issues related to, you know, weather effects, like sea level rise, hurricanes, earthquakes, tornados, and how they factor in or impact an area. So, currently, all the insurance that we pay for windstorm has been modeled by this company. We have been talking to them extensively, and I know Jane is very supportive of the idea of retaining them, at least on some basis, because I would implore you that before you spend any money on any of the things that I have talked about in the past or today, you should do an economic analysis. You should understand what is worth doing and what's not, and how to understand the economic approach of, you know, whether you should raise a seawall, raise a road, or put in pumps. The other thing that the modeling could also help is how you can bring in the private sector to be apart of the process, whether it be through Pas or through zoning; that, you know, I suggest, you know, the Code be changed in the not -too - distant future to incorporate resilient and sustainable strategies. So by using this modeling, it could be very effective and give you a lot of answers that you can't get currently from your City Administration. These guys are top of the class, and I recommend that the City consider retaining them. Jane can brief you further in the future about it, but she's met extensively with them, and the committee, as a whole, supports that. In addition to that, as I stated earlier, we feel it's really important that the City find the resources to have the Sea Level Rise Committee and the Planning & Zoning Department work together to start changing or implementing changes in the Code. We've had two workshops with the Planning Department; both were excellent. We are making headway. I'd like to commend the Planning Department for their efforts in the Shorecrest area, and coming up with a plan. If you've had an City of Miami Page 79 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 opportunity to review the plan, you can see it's extensive. It's not something that's going to happen overnight. It still needs some fine-tuning, but it's a good start. And in many ways, the plan, I think, is very forward thinking; even more so than some of the things that have been done on the Miami Beach side, with what they've done concerning moving and storing water, how to create public open space, raising roads, and so on. So there's a beginning, but we can't drop the ball now. Now that you have something to work with that could be a footprint for the rest of the City, I encourage this Commission to give us the funds to hire outside resources to help the Planning Department and the Sea Level Rise Committee to work together to come up with the solutions for Miami 21. I'd also like to recommend on behalf of the committee that it's important that the boards, the reviewing boards of the City -- the Planning Board or Historic Preservation Board -- before they take on approving, you know, major projects or almost any project or any capital project that they have some knowledge -- or some working knowledge of understanding resiliency and sustainability. It's probably pretty hard to require them to get the knowledge that many of us have on the Sea Level Rise Committee, but we would be happy to have some joint meetings with them, if it was authorized by the Commission, to educate them on some of the things that we're doing; and also, have some review powers at the City of Miami Sea Level Rise Committee to help implement better strategies and better projects throughout the City, both public and private. So I would recommend that the City consider that, as far as educating the current boards, before they pass any additional legislation. At our next meeting-- I just want to touch on something we voted on yesterday -- excuse me; not yesterday, but on the 24th -- and we're going to be coming back, asking with regards to, again, talking about the Planning & Zoning Department increasing staff, looking at things related to Miami 21. One of the things that we, you know, feel is important as a committee is that they -- the RFP to put out -- should be put out sooner than later to hire outside resources. As we know, the City has grown tremendously over the last five years and will continue to do so, but if you want it to continue to do so in a way that it will be a positive effect, the Code has to change. It has to consider, you know, situations that allow developers to work with the City, to give them not only opportunity to continue to develop, but create resilience solutions and new infrastructure. The City is not going to be able to afford that alone. We want to continue to work with the Planning Department, but when we sit down with the Planning Department and we're all there talking, we agree on a lot of things. The question is: How do we implement them? Or how do we have the resource to do the things that we want --? The Planning Department is already overwhelmed with applications that it has to process on a regular basis, not even including anything related to resiliency and sea level rise. So to rewrite portions of the Code or deal with these issues, I think it's important to hire outside resources. I'd like to now introduce one of our other committee members, Jose Regalado, who has been working with mostly socioeconomic and gentrification issues that I also think is very important for the Commissioners to understand that this is a citywide issue. It doesn't just affect one area; it affects the entire City. Jose. Vice Chair Russell: Thank you, Mr. Pathman. Mr. Pathman: Thank you. Jose Regalado: Commissioners, Jose Regalado, 2424 Southwest 20th Street, resident of District 4. I would like to thank this Administration, as well as the Commission, for making sea level rise a priority, as well as increasing the resilience. As I've been meeting in different districts and -- meeting in different districts, the issues that are pretty much happening in the City of Miami is either sunny -day flooding or risk of gentrification. In the areas that have no sunny -day flooding, there is a concern that people come in and buy the houses, and move them out. As the chair has mentioned already about the -- It's very difficult to make the ask of planning, and continue to do planning and planning and planning; however, with the City of Miami Page 80 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 upcoming bond initiative, it's imperative that we have proper planning, because this money can make or break the City of Miami. This is something -- We don't want to make the same mistakes that other cities have made; that's why we have been working very hard in the Sea Level Rise Board, meeting with Planning & Zoning, meeting with residents, meeting with everybody else. We are -- Jane mentioned earlier about the Cleo Institute. I reached out to them to be at the meetings that we are having for the bond initiative in May. I will be at all the meetings, as well. They are reaching out to their own perspective with New Florida Majority and everybody else to get the residents of each district to be at each of these things, because -- and they will use social media to pull people in. It's imperative that I ask you, Commissioners, to make every portion of this bond have a resilience output; for the bike lanes to be resilient; for the cement to be resilient; for every single portion, because this is -- I've grown up in the City of Miami. I was born here. I live here. I plan to live here; politics aside, this is my home. Thank you. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Thank you. Commissioner Suarez. Commissioner Suarez: Thank you. And I want to thank Mr. Regalado. He's one of my good D4 residents. I appreciate his involvement in the committee, and I thank him for his work. I think, in addition to the two issues that he highlighted, we also have -- and as I mentioned, I think, the last time we spoke to the Resiliency Officer -- we have rainy -day flooding capacity issues, as well; so it's not just sunny -day flooding, but we have rainy -day flooding capacity issues. Like I said, we used to do - - our UP (Capital Improvements Program) standard was a five-year rain event. Well, we're having five of those rain events a year, rather than one of those rain events every five years. And so, the FDOT (Florida Department of Transportation) standard is a 25 year rain event. So we really need to look at, when we're doing our CIP projects, you know, in addition to flooding remediation efforts, which we've done very successfully, and I -- and, you know, Mayor Regalado talked about some of the successes that we had in Flagami, and certainly, Flagami is a success story for the City, for sure, but the other one is, in your district, the seawalls. You know, that is another big issue. You know, we have in Brickell Bay Drive, which is slightly at or below sea level, there's a huge concern that, for example, the Jade, which is adjacent to Brickell Bay Drive, is at -- what? -- a five- or six-foot elevation beyond the Brickell Bay Drive community. And so, you know, I strongly suggest that if we're going to do the GOB that that be addressed in the GOB. That is a huge project for Brickell Bay Drive. And Brickell Bay Drive, as we know, is, you know, six or seven or eight buildings that, you know, have residents that have lived for many, many years in the City, and really deserve -- And by the way, it's on the bookends, because on the Jade on one side, and then on the other side is also at an elevated height. So those are things that we got to look at. I know you've been very much on the forefront of that issue, and I'm here to tell you that I totally support your efforts. Vice Chair Russell: Thank you. I'd be open to entertaining a motion with regard to the RFP request that Mr. Pathman made. I'd first just like to ask the Manager, have we considered outside consulting services for what Mr. Pathman was discussing with regard to overviewing our -- Where is the Manager? Daniel J. Alfonso (City Manager): I'm here, sir. Vice Chair Russell: Hello. Sneak up on me like a ninja. I looked over; he wasn't there. Have you entered -- have you considered an RFP for any such services, and what would be your recommendation on that, before we make any direction on that? City of Miami Page 81 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Alfonso: Well, Commissioner, I'm certainly not the expert in this area, but I'm working with our Resiliency Officer. To the extent that they make a recommendation to go out with -- we don't have that skill inside, clearly, so we would have to go out and contract the work. But the real issue is, what is the scope of the work that we're going to require? So then, it allows us to know what it is that we're going to procure, which is really the -- that's where we count on them. So we're certainly listening to them. To the extent that the Commission today approved an additional $75,000 to get that process going, we're moving in that direction. That's the will of this Commission. Vice Chair Russell: So, obviously, funds are not identified for that RFP at this point, but I would welcome a motion -- Commissioner Suarez: So moved. Vice Chair Russell: -- or I can pass the gavel. It's been moved by Commissioner Suarez, seconded by the Chair to direct the Manager to begin planning, in conjunction with our CRO (Chief Resilience Officer) and with the Sea Level Rise Committee, an RFP for these services and bring it back to -- I'm sorry? Unidentified Speaker: And Planning. Mr. Alfonso: All stakeholders. Vice Chair Russell: And Planning. All stakeholders within the City --everybody -- and bring back to Commission the potential RFP for these services. It's been moved and seconded. Any discussion from the public on this item? Hearing none, I'll close public comment. Any comments from the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Vice Chair Russell: Thank you very much. D1.2 DISCUSSION ITEM 2028 A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), CONSIDERING A MEMORANDUM OF Estate and Asset UNDERSTANDING ("MOU") TO BE EXECUTED BY THE CITY Management MANAGER, INCLUSIVE OF A NON-BINDING TERM SHEET, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), WHEREBY THE CITY SHALL NEGOTIATE AN AMENDED AND RESTATED LAND LEASE BETWEEN THE CITY AND HYATT, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ATTACHED MOU. CESULT: DISCUSSED Vice Chair Russell: I'd like to move to D1.2, the Hyatt MOU (Memorandum of Understanding). Is there anyone here to discuss that item? City of Miami Page 82 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Daniel Rotenberg: Good morning Commissioners. Again, Daniel Rotenberg, Department of Real Estate & Asset Management. This is just a discussion item that's being brought to the Commission. It's a nonbinding Memorandum of Understanding between the City and the Hyatt to continue discussions, with the intent of, one, bringing a settlement before the Commission, hopefully at the next Commission meeting, and bringing a more formal agreement between the City and Hyatt for the James L. Knight Center and the Hyatt piece that needs to be redeveloped. Open to any questions. Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Yes. Commissioner Carollo: When you said, "bringing a settlement, " is there a lawsuit? Mr. Rotenberg: There is no lawsuit right now. No, sir. Vice Chair Russell: There are disputes with regard to certain expenses and responsibilities. Commissioner Carollo: Can we get into what those disputes are and --? Mr. Rotenberg: The disputes, itself [sic], are payments concerning some major capital expenses. They include afire safety alarm system, which we are now on fire watch over at the James L. Knight Center and the Hyatt; leaks from pavers, when you drive up to the Center itself, that are leaking onto electrical circuitry. In the past, the City had an agreement with Hyatt where expenses were split 60/40. At some point in time, Hyatt had to continue operations at their hotel. They went ahead and dis -- what we can describe as self-help; they made those repairs. There were change orders. They didn't ask the City for complete permission; then they went ahead and did it so they can operate the hotel. This has been going on for a very long time. Very recently, there was a decision to have discussions to try to move past that, so that -- there are about five or six items that need immediate, major capital expense; and whether or not we move ahead, we need to do that. Vice Chair Russell: How many years left on the lease with Hyatt? Mr. Rotenberg: It's until 20 -- the first lease is until 2028. Vice Chair Russell: 2028. Mr. Rotenberg: And they have a 45 year extension. It was made clear to us that Hyatt, upon 2028, may not move ahead with their option, and may just vacate the building, which would be a very bad thing for the City. Vice Chair Russell: Thank you very much. So I met with Mr. Rotenberg, as well as Hyatt, actually on the 100th anniversary day of when the City Commission accepted the plat, which made that from Fort Dallas and subdivided that area; and, of course, later it became our Convention Center and then the hotel. We lease to Hyatt, but we manage the Convention Center ourselves. They really act in conjunction. Hyatt's would -- Hyatt would like to renew their lease, with an expansion that they manage the Convention Center as well. Of course, that would need to go to referendum, as it's expanded waterfront land that we would be leasing to them. So their goal would be to see that on the referendum if we start moving forward on that agreement. And as Mr. Rotenberg said, it seems that without that and the investment they would need, the 45 year extension wouldn't be worth it to them. That's where we are. Commissioner Carollo and then Commissioner Suarez. City of Miami Page 83 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: So in our briefing -- in my briefing with the Administration, Mr. Rotenberg on this item, I would say 90 percent of the conversation was about the maintenance and whether we settle or not; 10 or even 5 percent was about extending the lease. Vice Chair Russell: They buried the lead. Commissioner Carollo: So that's where I started with, you know, what settlement and so forth, because we need to really see, okay, so what really are -- is this all leading onto, or what are we doing? Let me back step a little bit. As far as my knowledge, this Commission approved the funding to do those repairs. So my question is, why weren't those repairs ever done? Mr. Rotenberg: Why weren't they done? Commissioner Carollo: Yes, if we approved the funding for them. Vice Chair Russell: When was this? Commissioner Carollo: So you're saying that there's a settlement because, supposedly, the City didn't do certain repairs or certain maintenance, and now we're in fire watch and on and on and on; everything you said. But my question is, this Commission approved the fundings for some of those repairs. Mr. Rotenberg: I'm not sure when the Commission approved the funding for the repairs that are being settled upon. Commissioner Carollo: Well, the $1.2 million that was set aside for the fire sprinkler, or whatever system. Mr. Rotenberg: It wasn't done, because there are other issues. Commissioner Carollo: But -- Commissioner Gort: (UNINTELLIGIBLE) finance -- Commissioner Carollo: -- I find it very hard that that money was approved to go to those repairs or to that maintenance without the approval of the City Commission. So, if this City Commission at one point approved, you know, funding for this maintenance, how come it was never done? Not to mention, you mention about roof repair. The funding this Commission approved -- I don't know exact amount. I'll yield to Chris on the exact amount -- but over a million dollars for that. So how come, again -- now, from what you're saying, it's in dire need, but why, if we approved this -- I don't know; a couple years ago or so -- how come the repairs were never done? Vice Chair Russell: Mr. Rose. Christopher Rose (Director): Thank you. Chris Rose, Office of Management & Budget. Attachment "E" to RE.9 is a summary of the funds that are available. I know we're going to do RE.9 later on this afternoon. There was a million two -fifty set aside in the current year budget, so that's just this October 1, and that was for anything related at the Hyatt. It wasn't earmarked for anything in particular. There were also two other capital projects, okay, that are being defunded in RE. 10; again, going to happen later on this afternoon. Those are in the amounts of 750,000 that were budgeted again this October I for repairs at the Hyatt, and they were not City of Miami Page 84 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 earmarked to any specific repairs at the Hyatt, but any repairs at the Hyatt. And then 351,400 that has been budgeted for a while for, again, a number of repairs at the Hyatt. That, Commissioner, what you're asking about is the only one that is really old money that's been sitting therefor a while, 350. Commissioner Carollo: What's "a while"? How much is that money? Mr. Rose: I'm not sure, sir. Commissioner Carollo: Is it --? Mr. Rose: More than three years, though. I can say that. Commissioner Carollo: Right. But how much is that money? It is over a billion bucks? Mr. Rose: 351,400. Commissioner Carollo: Okay. I have my notes -- since we're discussing RE.9 in the afternoon, I have my notes in -- Commissioner Suarez: Yeah. Commissioner Gort: RE.9. Commissioner Carollo: -- the office. Yeah. Well, what he's saying is, this is part of the budget adjustment. But in my discussion with you last night, we actually looked at the numbers; and 1.3 for the fire system, we thought it was at least three years ago. V1,14 AOMMOi] Commissioner Carollo: And then the other one was about two. And you had -- you actually have the breakdown, and you actually have a description therefor what it's for, because it -- and I'm going on memory, but it specifically said "roof repairs. " Mr. Rose: It was for any number of repairs. If you'd give me just a moment. Commissioner Carollo: Including roof repairs -- Mr. Rose: Including (UNINTELLIGIBLE) -- Commissioner Carollo: -- which actually -- Mr. Rose: Yes, sir. Commissioner Carollo: -- which it actually stated. So, again, how come it's never initiated? Mr. Rose: Give me a moment, sir. That's in RE.10. It's Composite Exhibit "B", which is only two lines. Okay. The 351,000 is "B" number 70414 James L. Knight Center/Hyatt, Fire Alarm System Replacement. Okay, that's 351,377. Forgive me; I rounded earlier. Commissioner Carollo: Then the additional 700? City of Miami Page 85 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Rose: The additional 750 is Hyatt repairs. It's "B" Number 70414(A), Fire Safety, Roof Repairs, and Air Handler. Commissioner Carollo: Okay. Mr. Rose: So any number of those things. Commissioner Suarez: Which I think -- Commissioner Carollo: Right. Commissioner Suarez: -- we did the air handler, didn't we? Commissioner Carollo: But -- Commissioner Suarez: We did (UNINTELLIGIBLE) air conditioning system. Commissioner Carollo: --it goes to my point. Commissioner Suarez: Yeah. I get what you're saying. I get what you're saying. (UNINTELLIGIBLE). Commissioner Carollo: How come it hasn't been done? Commissioner Suarez: Sorry for interrupting you. Commissioner Carollo: It continues to be my point. How -- if it was approved by this board -- the funding was approved for that, how come it hasn't been done? Mr. Rose: I don't have an answer for that, sir. Commissioner Carollo: So now we're into this settlement and this and that, because as far as this Commission, we did our job; we approved the funding. How come it hasn't been done? Commissioner Gort: Mr. Chairman. Commissioner Carollo: So, is this really about, you know, the maintenance? And listen, let's get -- let's make sure it gets done. Or is this really about a long-term lease? And then we have to get into those discussions also, but you understand what I'm saying? Extension of a lease or -- Mr. Rotenberg: I think from the Hyatt's perspective, there is more man one repair, and I can't answer why it wasn't done in the past. I didn't know there were funds even set aside. The fire safety system at 1. 2, or a little bit less, combined with the other repairs they wanted together available so they can do all the repairs right now. Commissioner Carollo: Right. Mr. Rotenberg: There's nothing nefarious hidden behind the scenes over here. Commissioner Carollo: Mr. -- yeah, but Mr. Rotenberg, you know, you just said it, and that's where I continue to say, "There's a lack of communication. " You, yourself, didn't even know the funding was therefor those repairs; yet, you manage, you know, that site. City of Miami Page 86 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Rotenberg: Again, there are more than one repair that needs to be done over there. So, if, for all -- if we would have funded that money, yes, it could have been done by now, but there are other expenses that are there. And I think over a period of the last decade, as Hyatt has been working with us, there's been a bumpy road, and they want to know that all this is going to be taken care of right now so they can move forward with us. Commissioner Carollo: But when you say, "all this," is there that list? Because when we passed it in the budget, we put, you know, various maintenance or repairs that we were going to do. So where is the missed communication between --? Mr. Rotenberg: The missed communication is that I did not know that we had over $3 million to give to Hyatt to settle all the claims that are being worked on that have to be repaired. Commissioner Carollo: Which is that missed communi -- Mr. Rotenberg: But that's internal in the City. Commissioner Carollo: Exactly. And that's -- Mr. Rotenberg: You're right. Commissioner Carollo: -- exactly my point. That's exactly my point. So there's got -- okay, so -- Commissioner Gort: So -- Commissioner Carollo: -- the point is, there's got to be accountability. So where are all these departments in the Administration that's working together to make this happen? Mr. Rotenberg: I'm not exactly sure what you would like me to do going forward. I'm trying to get this pushed forward so we have an agreement with Hyatt, and we can continue on and save this asset. We can have a further discussion later on about accountability; that's fine. Commissioner Carollo: Okay. So, yes, in here we're starting -- hey, this is a discussion item, right? Mr. Rotenberg: Correct. Commissioner Carollo: It's the only time we have -- that this has been brought up to us for discussion, right? So let's discuss it. And, yes, I'm starting to break it up in various parts, because there's various issues. Yes, you're right, the maintenance. So, yes, you want to move forward. The City always wants to move forward and forget about everything it did. That's the lack of accountability. And I think we need to start bringing that accountability here and say, "Hey, this Commission approved the monies. What happened?" Yes. Mr. Rotenberg: It wasn't done. I'm okay with that. Commissioner Carollo: It wasn't done. Now, why wasn't it done? And how are we going to hold those people accountable? Number one. Number two, yeah, we need to address what you're saying. We need to -- going forward, how do we settle this, or how do we fix it, or how do we remedy it? So I get that. But I'm just not going to forget about what happened in the past, you know, because now we're into this sort City of Miami Page 87 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 of settlement, and whatever you want to discuss [sic] it. And then, on the third part, it seems like there wants -- Hyatt or the City or both wants to entertain some type of long-term lease, and we need to see what that's about. But you understand what I'm saying? Mr. Rotenberg: I do, and I'll accept responsibility from this point moving forward on these repairs. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. So I think we kind of got where I was going, which is, I think we are at crossroads, I think, on this asset. I think that's the point. And the point is, do we keep spending --? And I know you have a separate issue, and, you know, I don't want to trample on that in any way. My question is, do we keep spending money improving this asset? I think we just did the air conditioning system, because that I can see it. It's brand-new. It's very shiny. I can see it from my law office, so -- but the question, I think, is that we got to ask ourselves is, as a public policy matter, it's the most aging and (UNINTELLIGIBLE) - - and I don't mean to call the building "ugly, " but it's -- I mean, it was beautiful in its heyday, and then I -- Mr. Rotenberg: It's ugly. Commissioner Suarez: Okay. It was beautiful in its heyday. It was the signature building in downtown, like the Grand Bay was here in the Grove, but that's -- that day came and went. And so now, all these flagship brands, Marriott Marquis, which is right next door, the Epic. I mean, these are all now high-end, very, very beautiful buildings. The concern that I have -- I don't have a problem supporting you guys going forward in a nonbinding way. I don't have an issue with that. My question to you -- or my comment would be as follows: There is a dysfunctional component to that project, which is that the parking for that facility is almost exclusively under another building, where you have to sort of go underneath a tunnel and the whole thing. And I remember when I was young, and I would watch wrestling matches, and I would go through the tunnel and all that. Do you remember those days? Basketball -- UM (University of Miami) basketball played there, too. But the point is that if we end up going forward and it gets redeveloped, it should have its own parking facilities, and that's something that, to me, is very important, because that also frees up that garage that's underneath, I think -- I forget what -- I don't know what it's called now. Mr. Rotenberg: Miami Tower. You're a hundred percent correct. Commissioner Suarez: Right. Mr. Rotenberg: And within a proposed term sheet, again, which is nonbinding, which is for discussion purposes, we have a line in there that says that Hyatt, they may propose parking within the master plan for the property be under their building. Commissioner Suarez: I will go further than "may propose. " I would make that a requirement, because, again, I don't think we should consider redeveloping that project without the project having its own parking. I mean, obviously, we can do, you know -- and parking is an evolving concept in the City, and we're -- I think we're being very forward -thinking in a lot of our parking reductions and our parking requirement. But my point is that they should not be still using the parking garage for the building next door for their own facility. They should have their own parking, if they rebuild that. City of Miami Page 88 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Rotenberg: It's something that we have discussed and there's the intent -- if the language in here says, "may propose, " we can change it to "shall. " Commissioner Suarez: Yeah. I think they should. If they're going to propose something, I think they should have parking. Mr. Rotenberg: Happily. Vice Chair Russell: Mr. Rotenberg, how many acres is there if you combine Hyatt and the Convention Center? Mr. Rotenberg: I don't know the entire amount of space that's over there. Vice Chair Russell: What about the linear waterfront? Do we know how far -- how much of our river that is? Mr. Rotenberg: I'd have to look at the records. Vice Chair Russell: Obviously, this is a tremendous asset of our City. And if their plan is to completely not renovate but raise both structures and start from scratch, we have a blank canvass here, and that's why -- Commissioner Suarez: Absolutely. Vice Chair Russell: -- I'm really glad it would go to the voters to see what we want to do with that land. Commissioner Suarez: Its got to. Vice Chair Russell: If I understand correctly, from Hyatt's intention, it wouldn't necessarily be to replicate what's there in terms of a convention center or even an auditorium, but rather, just expand the hotel, have meeting rooms for convention - style things -- Commissioner Suarez: And space. Vice Chair Russell: -- but not in that size, not in that scale. So that's why I'm glad we're having -- we're starting with a discussion. I'm glad that we're getting very open briefings. I do agree with you with regard to maintenance of our assets, and ongoing maintenance of our assets, and the needs that are there, but I think the real story here is about what do we want to do with this asset moving forward, and what do the voters want us to do with it? Commissioner Carollo: Like I said, in my briefing, 90 percent, 90 -something was regarding maintenance; the other 5 percent, 10 percent was about, you know, the long-term view. And let me ask you something. We recently just paid off the bonds, okay. It was about five point something million a year. So now, if we're not paying debt service on those five point something, where's that money going to? Vice Chair Russell: Mr. Rose. Mr. Rose: Good afternoon. Chris Rose, Office of Management & Budget. In the current year budget that we adopted this past September, that has been moved from a special revenue fund into the general fund now. It is a general fund revenue. Commissioner Carollo: Okay. So that asset is now actually -- I don't want to say "earning us revenue, " but it's not revenues that we've had -- that we have to pay City of Miami Page 89 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 debt service anymore. So, where before -- See, there's always been special interest in this property. Since I first became a Commissioner, I remember, back years ago, it's always been special interest, where companies have always wanted to come in and do some type of deal. Obviously, those deals have changed, or their proposals have changed over the years, whether it's just been talk or actual paper or not. So, once again, now -- I'm seeing this again; I'm not getting too much information. And I see a 99 year lease, there's cause for, hey, skepticism, professional skepticism. And, once again, I really want to see what's the details, and what are we really doing; not to mention that -- Listen, right now, I know for a fact that we're not paying the debt service, because we finally paid it off, because that was always a catch. "Hey, you know, it's costing us W' amount of money every year," blah, blah, blah, and stuff like that. It's not costing us "A" amount of money every year. We're - - actually can use that money. And from what Mr. Rose is saying, which, yes, I know he's correct, that actually is revenues that now we're putting into the general fund. So I want to see exactly, okay, what is the intention as far as going forward. And, again, what -- something Commissioner Suarez said -- in its heyday, this building was, you know -- Commissioner Suarez: The best. Commissioner Carollo: -- hey, what was its heyday? Was it 30 years ago? Commissioner Suarez: Oh, yeah, at least. Commissioner Carollo: 40 years ago? Commissioner Gort: 1970 -something. `77, I believe. Commissioner Carollo: Okay, 1977. So 40 years ago. This is a 99 year lease. So if you're saying that within 40 years, it's no longer in its heyday, it's ugly, it's, you know -- I'm thinking, okay, 99 years, how is this going to look? And what --? Mr. Rotenberg: We addressed that. We are going to have a sinking fund capital account that's going to be required to put back into the hotel. The intent is not to have this happen again. Also, and relevant to what you just said, the parking garage across the street, the G4 garage that we're going to need to unwind, that needs major repairs, because it hasn't had any operating capital -- or capital expense put into it, and we have a five- or six-year plan that we're going to have to put back in close to $8 million. Commissioner Carollo: $8 million? So, if my math is correct, within two years, we could pay off that huge capital expense that you're saying, right? If we were paying debt service of five point something million a year -- and that's not going to general fund --five point something and five point something is a lot more than 8 million. That was what you're saying the repairs need -- or the refurbishment or whatever. So, again, I'm just putting this out there, because it's a discussion. This the first time we get to discuss this. So these are issues that I have concerns with and that I think we need to address to see exactly, you know, where we're at, because there is monies there that now we're generating that can be used for what you're saying, "Hey, it needs to be repaired, " and we don't necessarily have to give it over to someone for a long-term lease of 99 years. And by the way, that doesn't mean that -- I don't even know the terms. I don't know, you know, any of the meat and potatoes in it -- Commissioner Gort: Me, too. Commissioner Carollo: -- but I am cautious, and I do have -- you know, I do bring professional skepticism, because for a long time -- and I -- And, you know, listen, I've City of Miami Page 90 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 said this throughout my tenure here as a Commissioner. You know, in the past, we've had the City of Miami do horrendous deals, especially with our waterfront land, and I want to make sure that that does not occur. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Yeah. Look, I think, obviously, professional skepticism is healthy, and it's good for us. My only comment would be as follows: That area right now is as prime an area as they come, really, because if you think about it, right next to the Epic Hotel, a one -acre parcel sold for $125 million, so that is as nice an area - - and my guess is, I think the issue with a 99 year lease and why it always is a 99 - year lease, because it's sort of a common theme -- 75 or 99 -- is because you have to capitalize the cost of whatever it is you're going to build. And I think, in the real estate world, if you're doing condos, for example, it has to be fee simple, because you can't give a condo owner, at the end of the day, who's buying, a 99 year lease. They're going to -- they're not going to buy a 99 year lease, so that has to be a fee simple deal. If it's a hotel, it can be done; or some other kind of an asset that you're leasing, it can be done in a larger -- or maybe even smaller, depending on how you capitalize the lending on it. So I think that the bottom line is --for us is how -- what do we want that area to look like? Vice Chair Russell: Exactly. Commissioner Suarez: It's one of our assets. Do we want that to continue to look like a 1970s asset, or do we want to allow that asset to come into the future? If we do want it to come into the future, we're going to -- have to give whatever terms are necessary so that a bank will be willing to lend to capitalize the cost of building whatever is going to be built there, and that's just -- that's, unfortunately, a market- driven time frame. So, you know -- but I do think -- I agree with you. I think professional skepticism on any deal that we, particularly waterfront, but any deal, is something that we must always encourage. Vice Chair Russell: Commissioner Gort had a comment. Commissioner Gort: I think it's very important the discussion's taking place. And I think my understanding is, what we're asking the Administration to do today is to continue to negotiate. They cannot make any decision without coming back to us, so they got to come back to us. I think we -- I've asked -- we should be meeting with them, and let them know what the -- what we'd like to see in the contract. This should be part of that, and I think that's very important. My understanding is, the move today after this is to go ahead and continue to do the negotiation. Vice Chair Russell: Thank you, Commissioner. Commissioner Gort: They cannot do anything without coming back to us. Vice Chair Russell: My question was why we're not really master planning this entire area; so many assets we have on the Miami River. And as our intention is to expand and connect the riverwalk and the baywalk through that area, this can be such a tremendous place. So within a few hundred yards, we have the Hyatt property, we have the Convention Center property, we have Fort Dallas; another asset that's completely gone downhill by neglect and that we could -- it could be a very vibrant restaurant slash -- and I know we've worked on that. I'd like to help -- work with you further on that. We've got the MRC (Miami Riverside Center) building further down. But to me, the most important thing that's not directly our asset but is right in the middle that makes this a hub is the Metromover connection right over Riverfront Station, which can be a multimodal connection with water taxi, City of Miami Page 91 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 water shuttle, right there in the heart of downtown. So this area can be a hub for really -- that we should plan properly. So we have a good opportunity here. I'm glad we're having this discussion. Mr. Manager, did you want to say something? Daniel J. Alfonso (City Manager): Yes. Mr. Chairman, Commissioner Carollo, Commissioner Gort, I just wanted to point out that while we're discussing all of these things together, the issue of settling the claims with the Hyatt folks are separate and apart. They don't have to be put together. In other words, we have to reach agreement on that issue of the -- whatever -- who owes who what, and that is a separate issue. You are correct in saying also that there's enough revenue there to do the fixes on the parking garage with the $8 million that he mentioned, with that money that is coming in, but keep in mind that we stopped paying debt on that last year, so that we are using some of that money currently in our City of Miami operation. That's why we would like to spread it out, those $8 million, for repairing the existing garage over the next four years, because we are going to be taking it from the operating income, and we're already using that money for other things. Commissioner Carollo: Right, but understand -- and this is more -- I mean, we could talk about this --especially you and I could talk about this for hours. But think about it. If, right now, we are -- the City of Miami is receiving the most amount of revenues it has ever in the history of the City of Miami, receiving the most amount of revenues ever, and you're saying that we need to use some of those revenues for the general fund to subsidize our operations? Mr. Alfonso: Right. That's the intent. Whenever we do business with our own property, we want to bring money in so that we relieve pressure on other areas of the general fund. Commissioner Carollo: Understood, understood. But what I am saying, if this is the first year -- or first year, year and a half, whenever it was that we paid the debt service, what I am saying is that from the increase in property values, we should be able to maintain our operations; not have to use these funds to come in. Therefore, these funds, okay, that for "A" number of years, whatever the debt service was, okay, that are now free, and we should be able to use it for that property. Mr. Alfonso: Right. Commissioner Carollo: That's what I'm saying. So it's a bigger conversation. If you're saying, "Hey, now we need these funds for our general operation, " we need to then -- Mr. Alfonso: Well -- Commissioner Carollo: -- relook at the whole budget as a whole. Mr. Alfonso: -- I understand your concern. If you recall, a few months ago, when we approved our labor contracts, we had this discussion where you said, "Is there a fiscal cliff coming? " And I said, "It's not a fiscal cliff. " But the contracts that we did approve caused our expenditures to grow faster than our revenue, so there will be needs to make either some cuts or adjustments. And these type of revenue - generating facilities help us with -- Commissioner Carollo: I'm glad you're saying that. Mr. Alfonso: -- managing the growth. City of Miami Page 92 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Carollo: I'm glad you're saying that, because now you're going to bring me to the point that I was -- I started this whole conversation is, okay? Remember, I said, "Yeah, those contracts"? Yeah, we have all these one-time expenses that we're putting in capital, putting in capital, putting in capital. Okay. So we put in capital monies for these repairs; yet, it never gets done, or it didn't get done. So, again, when we go through our budget process, it's extremely important that we see what our expenses are, even though you could call it an expense, because we put money into capital for these expenses and we treat it as an expense; yet, they're one-time expenses. So when you looked at the whole fiscal cliff, you took into consideration -- Okay, you didn't call it "a fiscal cliff. " In the finance meeting, it was alluded to and -- Mr. Alfonso: Right. Correct. Commissioner Carollo: -- but the bottom line is that you took all these capital projects into consideration for the future to say, "Hey, we're going down, and there might be" -- I don't want to use "fiscal cliff. " Now, with that said, yet, when you look at these capital projects, like this one, we put it for the maintenance or repairs of James L. Knight, but we never did it. Mr. Alfonso: Right. Commissioner Carollo: And it's like, so why didn't we do it? Then we shouldn't have put it into the capital. Mr. Alfonso: Our point was that that garage has not had money put aside for along time. We just started putting some money aside for it, but it has needed the repairs for a long time. Commissioner Carollo: And my point is, we now have five point something million a year, so I don't think this five point something million a year should now -- In other words, we're expanding government and now we're expanding government using these monies that -- Mr. Alfonso: Well, in effect, it's not -- that's the revenue, but there is an operating expense that we do pay, so that's not the net number. But, regardless, I understand what you're saying. There is revenue; it does offset the expense. And to the extent that in the past, there has been excess -- Remember, it was going to debt. Once it was no longer the debt, then we had real cash flow -- Commissioner Carollo: That's what I'm saying. Mr. Alfonso: -- which was used in the operating budget. So, as we look forward, we want to smooth that out over the next four years. Commissioner Carollo: And that's what I'm saying. It shouldn't be used in the operating budget; it should, you know -- or I'm not saying that we can't use it, but if we're, once again -- you know my point. Hey, if you keep growing government and keep growing government because we have new-found monies, and at the time that the City is receiving the largest amount of revenues in the history, you know very well that in the next few years -- because it is cyclical -- we're going to possibly be in trouble, and that's not necessarily -- and here's my point -- because of the contracts that we approved for the --for our employees; that has other factors, too, you know. Increasing staff, you know. There's other factors. But anyways, my point is -- Listen, the reason why we're discussing the maintenance, the settlement, and extension, and all this -- and I try to, you know, break it down into pieces -- is because that's how this discussion item was presented, all together, even to the point City of Miami Page 93 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 that I'm saying, "Oh, so you're saying that there's a settlement because the City has been negligent" -- even though we approved the money -- "the City has been negligent; it hasn't done this. " Therefore, Hyatt feels that, "Hey, we should take it over and have a long-term deal. We should do something new because, "you know - - And that's why I'm saying, "Hey, is this all being put together because of that? " Mr. Alfonso: No, that's not the way it's being done. Commissioner Carollo: And -- Mr. Alfonso: We're trying to have the general discussion, but they are separate issues. It's just that everything's coming about -- Commissioner Carollo: Understood, but -- Vice Chair Russell: Thank you. Mr. Alfonso: Mr. Chairman, though, Mr. Rotenberg wants to talk about the master plan issue, because that is something that is being taken care of -- taken into account. Vice Chair Russell: Great. And then when you do -- I just had two other questions regarding this. Could you let us know, if you have the numbers, what the net revenue currently is annually -- not including debt service --from each of those properties? What do we make net from Hyatt? And what do we make net from the Convention Center? Mr. Rotenberg: I do have those, and I just -- let me go over it. I'll take them in order that they were asked. The master plan, working along with Hyatt, we have something that is a little bit more sophisticated that you guys all have copies of, where it says inside, "Pursuant to an approved master plan. " There is going to be a master plan worked on with Hyatt. That was discussed, and that does include the properties adjacent and up and down the area. Vice Chair Russell: Great. Mr. Rotenberg: If we need to encompass more of them -- right now, this is being discussed -- we can go ahead and do that. I also wanted to clam the site is 4.17 acres and the -- Vice Chair Russell: Both together? Combined? Mr. Rotenberg: Combined. And I believe, from what I'm looking at, 182, 000 square feet of it is the James L. Knight Center. Vice Chair Russell: Thank you. And the net revenue from each? Mr. Rotenberg: The net revenue from each: Right now, the Hyatt is producing to the City about $1.43 million, I believe it is; James L. Knight Center is a whopping 43,000, and G4 garage is about a million -- little over a million dollars a year right now. Vice Chair Russell: Those aren't gross numbers; that's net after -- Mr. Rotenberg: That's net, what comes to us. And I -- the money that would go into the garage right now -- We are working with the MPA (Miami Parking Authority) to City of Miami Page 94 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 increase the income from that garage. That money is not just being put in to help the building stand up; it's being put in for efficiency and so that the revenue does climb. Vice Chair Russell: Thank you very much. Is there any further discussion on this item? Commissioner Carollo. Commissioner Carollo: No. I mean, only that you see it is generating revenues, where a few years back, it was not generating revenues, so that's a good thing. So then the additional debt service that we were paying -- so in other words, we were paying every year five point something million dollars in debt service. We no longer have to pay that; we paid it off. Therefore, those five point something million that every year we thought we had to pay, now we have money -- Vice Chair Russell: Yep. Commissioner Carollo: --you know. Commissioner Gort: Okay. Commissioner Carollo: So I'll leave it at that. And by the way, I don't mind continuing discussions, like Commissioner Gort said. I don't mind them continuing discussions -- Mr. Alfonso: Sure. Commissioner Carollo: -- but I want to make sure we iron out what we have and we even, you know, separate them. If it's separate issues, let's separate them. Let's see how we deal with the maintenance; how we deal with, you know, the repairs that we have to do. The money is there; it was approved by this Commission. Mr. Rotenberg: So the next step would be the settlement agreement, which we will bring to Commission for everybody to review. Commissioner Carollo: I -- you know, that settlement agreement, there's not a lawsuit, so -- Mr. Rotenberg: It's just a settlement to go over the items that are in there so we can move forward. It's not a lawsuit settlement. Maybe I'm using the wrong terms. It's an agreement in principle, so we go ahead and fund the project so we can move on to the next step and look at the entire site. Vice Chair Russell: Would that settlement be tied to the--? Commissioner Carollo: See, Mr. Chairman, if you will? Vice Chair Russell: Go ahead. Commissioner Carollo: A follow-up. I don't understand about the settlement agreement, because we've already funded those projects. So why haven't the projects been done? So why don't you just do the projects? Mr. Rotenberg: Because we're not operating in a vacuum. We have a partner over there by the name of Hyatt, and Hyatt has to be in agreement to move ahead and discuss with us. If we just go ahead and say, "The money was appropriated, we messed up, we need to put it in, " there are other items that are separate from the fire alarm system. There's -- when we bring the agreement, we'll bring the documents to you. You'll be able to read line item by line item what's in there. Hyatt wants the City of Miami Page 95 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 warm and fuzzy and the comfort of knowing that we're moving ahead with them. And once we move ahead with them, we are -- well, at the same time, we're going to have a discussion with them. We have a proposed term sheet that we will finish up, bring it to the Commission for approval. But first, that agreement will brought to the Commission for everybody to review the numbers, okay what's in there, and move along with it. We can go ahead and just do the repairs. Vice Chair Russell: But the settlement might actually relieve us of some of those expenses. Mr. Rotenberg: It's also going to relieve us of some of the liability if something happens. Vice Chair Russell: So (UNINTELLIGIBLE) entertain the settlement, for sure. I understand that. Mr. Rotenberg: I'm happy it's a settlement agreement. It's going to relieve some of the liability. Vice Chair Russell: But I would -- Commissioner Carollo: So, if this is a settlement, and you're saying that it may relieve us of some of the liabilities, how come the City Attorney's not involved or at least --? Vice Chair Russell: It's not a lawsuit. Mr. Rotenberg: No, no. And the City Attorney is involved in the crating of it alongside with us at every step. This has taken two years. Commissioner Carollo: Madam City Attorney, if you could, please? Ms. Mendez: I think that there's a lot of questions, and this is definitely not ready for May 11. We agreeing on that? You need little more information, so. Commissioner Suarez: Mr. Chair, iff may? Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Yeah. I mean, look, I think what's happening here, from what I could tell, is that there's a dispute under the lease as to whether we're obligated to do certain things or not. And you're couching it as a settlement, which I think is rubbing him a little bit -- it's giving him heartburn, okay? So figure -- I think you need to figure that part out, okay? I think the second part for us is, you know, when we do these deals normally, like we just did the Bayside deal -- right? -- it usually results in a significant amount of more revenue for the City. I think the Bayside deal was a guaranteed minimum delta of like $2 million a year. So, you know, part of the benefit is not just redoing an old asset, which needs to be redone in an area that is like the nicest area in Miami in downtown, but it also could provide a huge financial yield for the City if we do the deal. So notwithstanding everything that he said, which I think is fine and great, you know, I think -- you know, it's something that we should really explore. Vice Chair Russell: Thank you. Commissioner Gort, did you have a comment? Commissioner Gort: No, that's fine. City of Miami Page 96 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: All right. Any further discussion? Commissioner Suarez: Nope. Vice Chair Russell: Thank you. We'll reconvene after lunch at 2:15, and we'll take up the regular agenda, and we'll get into shade at 3. Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Yes, sir. Commissioner Carollo: The shade meeting's at 3? Vice Chair Russell: 3. Commissioner Carollo: Thank you. Vice Chair Russell: Thank you, everyone. D1.3 DISCUSSION ITEM 2058 DISCUSSION REGARDING EXAMINATION OF COVENANTS BY Commissioners ADMINISTRATION TO DETERMINE HOW MANY ACTIVE and Mayor COVENANTS EXIST IN THE CITY OF MIAMI AND WHETHER THE ACTIVE COVENANTS ARE IN COMPLIANCE. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, with Chair Hardemon absent, directing the City Attorney and City Manager to work together to develop a program which should consist of a catalog of all Planning and Zoning covenants for proper monitoring and enforcement, and provide said catalog to the City Commission. Vice Chair Russell: We don't have quorum yet, but we can still go through a few items. I'll just give you a status of where we are for the rest of the day. We've completed most -- all of the regular agenda. I have a couple of resolution items and discussion items left. We will go into a shade meeting at 3 p.m. Following the shade meeting, we can possibly, if necessary, take up RE.] with regard to the shade meeting. And after that, we can get to the Planning & Zoning agenda and be out of here in time for Miller time. So -- Commissioner Suarez: You're doing a fine job, Mr. Chairman. Vice Chair Russell: Thank you. Doing my best. Commissioner Suarez: Fine job today. Vice Chair Russell: DI.3, Commissioner. Are you open to getting into that without the other Commissioners here, or would you like to wait? Commissioner Suarez: Yes. No, that's fine. So DI.3 is an issue that I think's caused a lot of, sort of, consternation in the community, which is that oftentimes, in order to for Zoning Code to sort of work, people -- applicants will propose what I call a square peg/round-whole solution, which will be, let's say, an up -zoning with a City of Miami Page 97 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 covenant that restricts that full up -zoning, so you've got the bigger solution and then you're sort of limiting it, and the fear is two fold: One, that then the covenant can at some point be lifted, which means that then you have the big box, which it sort of defaults to. And the second part is, there is not really a follow-up as to -- or a follow-up mechanism as to how covenants -- or whether covenants are enforced after the fact. So, you know, I mean, I could give you a lot of examples in my district, but I suspect that every district is the same; that there are, you know, many examples of covenants that are not either enforced or there -- we just don't even -- it's almost like we don't know they exist anymore. So I think we need find a way to categorize all the covenants that we have, and we should have a way of making sure that they're being enforced. And if they're not being enforced -- or they're not being followed, I guess is the better terminology -- if they're not being followed, then we should start enforcing them. Because part of the reason why there's no trust in covenants is because we don't know how many there are, or we do know where they are. We don't know whether people are following them, if they aren't following them, which could be -- I suspect, if we do an audit of the covenants, we'll find out that many, many, many, many people are not in compliance with the covenants, then what are we doing about it? Are we doing anything about it? And so, you know, that's kind of where I'm going with this. I don't know whether -- Madam Attorney, whether that's a direction to the Administration or -- Commissioner Gort: Mr. Chairman. Commissioner Suarez: Go ahead. Vice Chair Russell: Commissioner Gort. Commissioner Gort: My understanding, that's a good idea. The covenant, you have to see who's supposed to be doing it, because you have from the Building Department, you have from the Code Enforcement. You have from different departments that have to be -- comply with it. And I think all that should follow under the NET (Neighborhood Enhancement Team) Office. The NET Office should be aware of everything that taking place in the neighborhood. They're the one that walking through the neighborhood, and I believe it would make it a lot easier. Commissioner Suarez: My thing is -- Commissioner Gort: All we need is the list. Commissioner Suarez: Yeah, I don't have a problem with the NET offices being involved, particularly on the -- whether they're following through on the covenant, because they can document it. They can go to the property and they can document it, but I think our Legal Department has to be involved, because we need to know -- Commissioner Gort: Of course. Commissioner Suarez: -- how many covenants -- Do you have a running total of how many covenants? What properties have --? So we should have a clearinghouse that says, all these -- and it's -- it could take a lot of time, because we have a lot of properties. Maybe working with Planning & Zoning to find out. We need an inventory of the covenants. We need to know what -- you know, like a -- maybe a brief description of what the covenants say, and then we can have Code Enforcement or NET -- which used to be, I think, combined at one point -- go out there and look at the properties to see if the covenants are being followed; and if not, then maybe the Commissioners can be informed. And the Commissioners can decide, "Look, we'd like to" -- you know, "We'd like you to pursue these particular covenants." Because, again, part of the reason why residents come and they don't have trust in City of Miami Page 98 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 the covenant process, because we have no control over it. I mean, we have no idea how many there are. We don't know who's following them. And we're certainly not enforcing them. So it breaks down the process when somebody comes to us and says, "Hey, we want to do this, " and we're going to just proffer a covenant, we're like, "Okay, great." And the citizens leave thinking, "Great, but what happens next?" Or "what happens after that? " And so, you know, that's what I'd like to see happen. Vice Chair Russell. Thank you. Mr. Manager, what is our current method for monitoring covenants? Is it just on a squeaky wheel basis, if we hear that someone's violating? Or is there any monitoring method? Daniel J. Alfonso (City Manager): Well, that's one. The other one, obviously, whenever there's a property action, before any permit is given, or whatever, the entitle -- I mean, the property entitlements are reviewed. So if you come in and you say, "I want to build X, "' before you get the approval to build "X, " I mean, there's a review of what is going on with that land. And if we find that there's a covenant that prohibits "X, " then you don't get `X " Vice Chair Russell: Is there -- do you also check other things, like not just on what they're asking for in terms of "X, " but at that time, you review all covenants and say, are they still providing affordable housing, are they -- whatever the covenant may be? Mr. Alfonso: Right. I mean, the covenants will tell you what is allowed or what is not allowed. And so, when somebody comes in for a review of their property to do something with it, we review what is allowed and what is not allowed. But is there a possibility that something is falling through? Sure, absolutely. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Which -- Mr. Alfonso: I mean, covenants go back tens of years, dozen, you know. Vice Chair Russell: Which department is closest to this? NET Office was one recommendation, but who do you feel is most--? Mr. Alfonso: Planning is the closest. I think what the Commissioner is referring to is in terms of keeping an eye on things. And if we create a clearinghouse, as the Commissioner is suggesting, it would require some research and whatnot. But then you create a clearinghouse, there are some things that can be checked by NET. There are some others that pertain to what's buildable, what's not building, then that really -- if there's no activity going on in the property, there's already a building there or whatever, it's not much really to follow up on, but NET could make sure that nothing strange is going on there, as well. So it really depends on what the covenant is. Commissioner Gort: What the covenant is. Commissioner Suarez: So can your office -- Madam City Attorney, can your office develop a clearinghouse, a list, ifyou will? Victoria Mendez (City Attorney): So I discussed with -- this is a wonderful idea. Many years ago, when the Office of Hearing Boards was separate, and Anel -- you remember Anel Rodriguez -- when he was here, we had talked about this, and we started doing preliminary research, because there was a lot of covenant issues coming up, but obviously, you know, when somethings assigned to someone and City of Miami Page 99 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 they move on, sometimes things aren't followed up with, so this opportunity is to work with the Administration; basically, start with our own Legistar system, our own Planning system, our own documents, get those run; not titled, but obviously -- and you know this better than I do -- see all the covenants or instruments that may be out there in the public records, those that are recorded. So, go through that, follow up, get all that, put it in a system, and then from there, start all the enforcement that you'd like. Commissioner Suarez: I think the Manager's right. I think Planning & Zoning can be very helpful, because obviously, these mostly evolve out of Planning & Zoning items, out of, you know -- So, you know, you could just go back to all the Planning & Zoning items and see which ones were covenants proffered, and then start -- Commissioner Gort: Right. Commissioner Suarez: -- doing a database of them. Mr. Alfonso: So, luckily, the Clerk has embarked in this process of basically digitizing everything -- Commissioner Suarez: Right. Mr. Alfonso: -- so it is searchable now. Commissioner Suarez: Great. Mr. Alfonso: So we can start by just searching every -- the word "covenant. " Commissioner Suarez: Right. Mr. Alfonso: I mean, a thousand things will pop up. And we'll go through the process of doing the research, cataloging, et cetera. Commissioner Suarez: Great. Ms. Mendez: And as you know, there's also Community Development covenants. There are the Public Works covenants. There are the Building covenants. There are the Planning & Zoning covenants. And all of them have certain requirements that need to be met, and then we can see which have been done or not. Commissioner Suarez: I think you can start with Planning & Zoning covenants, because those are the ones that usually are -- they're heavily negotiated by the residents. And then, oftentimes, I think residents have sort of lost faith in them now, because they haven't been, oftentimes, enforced. So I think you can start there, and then go from there to other categories. Thank you. Thanks, Mr. Chair. Vice Chair Russell: Thank you. Of course, this is a closing statement on that, and I'll open up the floor in just a moment. As you mentioned briefly in the beginning, the biggest lack of trust with covenants is that a future Commission with a single action could basically lift it, as well, so that -- it doesn't have the teeth that some people think it may for the long term. Would you like to speak on this item? Deborah Stander: Yes. With the Commission's permission, I would like to speak. My name is Debbie Stander. I live at 830 Northeast 74th Street. I want to speakjust very, very briefly to the deferral of PZ. 14, which is the HEP (Historic and Environmental Protection) Board appeal of the Bayside Motor Inn. City of Miami Page 100 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell. We're going to get to that. We haven't actually taken that action just yet. The Planning & Zoning part of the agenda will becoming up probably just after 3 o'clock; 3:30, I'd say, and then we need to take an action on those deferrals. We just gave a courtesy mention of the deferrals coming so that people could plan their days around it, but it's not an official action until we open the Planning & Zoning agenda and take a motion to defer the items, and then I'll open up for public comment at that time. Ms. Stander: I was afraid to miss my chance. I'll sit down. Vice Chair Russell: Not at all. That's fine. Thank you. So that's it. Any further discussion on D1.3, covenants? Thank you very much. We're going to get -- Ms. Mendez: Chairman, could you --just so that we can categorize it in our Accela system, can you make a motion or a directive, please? Vice Chair Russell: You want a direction? Commissioner Suarez: I move that the Administration, in conjunction with the City Attorney's Office, catalog covenants that come from Planning & Zoning items, and provide that category to the City Commission. Commissioner Carollo: Second. Vice Chair Russell: Would you like it to involve the creation of a basic program for the monitoring and -- Commissioner Suarez: Yes. Vice Chair Russell: -- enforcement for that point? Commissioner Suarez: Yes. Vice Chair Russell: It's been moved and seconded. Any further discussion? Commissioner Gort: Question. Vice Chair Russell: Yes, sir. Commissioner Gort: Every time there's a covenant, it's got to be approved by the Law Department, right? Okay. So you should have a copy of all of them? Ms. Mendez: Yes, we have copies; different departments have, but there's not that central database type. Commissioner Gort: But they all have to be approved by you? Ms. Mendez: Yes. Commissioner Gort: Okay. Vice Chair Russell: Thank you. It's been moved and seconded. Any further discussion? Commissioner Suarez: Yeah. I think the issue isn't who approves it; the issue is what happens after the fact, which is after the Commission approves a covenant, City of Miami Page 101 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 then are people following the covenants, are we enforcing the covenants? Et cetera, et cetera. Vice Chair Russell: Thank you. With no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. END OF DISCUSSION ITEMS City of Miami Page 102 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Vice Chair Russell: I apologize. I had intended to allow for public comment for any of the PZ (Planning & Zoning) items before we get into them. Can we break to do that at this point? If anybody -- you're already sworn on the oath. If you'd like to comment on any of the PZ items that are left that are not -- already been deferred for another time, you can choose to speak on that item right now, approximately two minutes per person, or you can speak at the item after the applicant; it's your choice. Would anyone like to step forward for public comment on any of the PZ items ahead of time? Hearing none, I'll close public comment in general, and we'll start with PZ.2 again. Thank you. PART B: PZ - PLANNING AND ZONING ITEM(S) Vice Chair Russell: Let me tell you what we'll do right now. We have one last item in the regular agenda, but that is contingent on us having a shade meeting first, which is where the Commissioners will retreat to chambers to discuss potential litigation issues and settlement issues. But before we do that -- because we'd be gone for about 20 minutes -- I know a lot of people are here waiting for Planning & Zoning items. I'll just ask the City Attorney to read the oath for Planning & Zoning so that anyone who'd like to speak on any deferrals can do so at this time, and we can defer any Planning & Zoning items so people can go on with their day, and then we'll break for shade meeting. Madam City Attorney. Victoria Mendez (City Attorney): PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what the item will be that they are speaking about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for 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 staffs recommendation, the City Commission may proceed to the deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and 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 testing 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 City Commissioners that have not been provided seven days before the meeting as part of City of Miami Page 103 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items -- any of today's Planning & Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you very much. Welcoming Director Garcia, are there any Planning & Zoning items that we'll be deferring or continuing today? Francisco Garcia: Yes, Mr. Chair, a number of them. For the record, Francisco Garcia, Planning & Zoning Department director. I'll go ahead and read them, and I should also say that, in the instance of some items, the dates to which they are to be continued remains unclear, but we can sort it out quickly. Item PZ. 1, I understand, is going to be continued to the May 25 meeting; item PZ.3, likewise to be continued to May 25; item PZ. 4, I understand to be continued to May 25; items PZ.5 and PZ. 6, which are companion items, also to May 25; items PZ.7 and PZ.8, which are also companion items, May 25, as well; item PZ. 14, May 25; PZ. 12 -- I'm sorry, I read that out of order, so item PZ. 12 to May 25; item PZ. 14 to May 25. And the only ones that I would request additional confirmation on are those items that are in District 3, which I understand have been requested to be continued, but I would prefer to verify that it is to May 25 that they wish for them to be continued to. Commissioner Suarez: So what would you like to do? Would you like to entertain a motion now or --? Mr. Garcia: I believe it is safe to do so, yes; although -- yes, I believe it is safe to do so. Commissioner Suarez: I'm sorry? Mr. Garcia: I believe it is safe to do so, yes. Commissioner Suarez: Okay. So I'll move it, in conformity with your list. Mr. Garcia: Thank you. Vice Chair Russell: It's been moved by Commissioner Suarez; seconded by Commissioner Gort. Is there anyone here who would like to speak only on the deferrals of these items? We're going to have a public comment period for the actual items right after our shade and dealing with the other resolution. So for now, would anyone like to speak only on the deferral of these particular items? Please, you're recognized. Deborah Stander: Thank you. My name is Debbie Stander. I live at 830 Northeast 74th Street. I'm here to speak on PZ. 14, which is the appeal by Morningside Civic Association of the HEP (Historic & Environmental Preservation) Board certificate of approval for a partial demolition at 5101 and a full demolition at 5125 Biscayne Boulevard; otherwise known as the Bayside Motor Inn. Obviously, I know -- you know, I don't want to go into any kind of detail -- that that item is being deferred, and I'm in complete agreement with the deferral. I understand fully that Commissioner Hardemon would want to be present, to be here at the time of that City of Miami Page 104 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 discussion. My only concern as a preservationist was the hope that the Commission might allow me to provide you with -- it's called FEC (Florida East Coast) Corridor Historic Resources Documentation Form, City of Miami, Miami -Dade County, Florida, which basically identifies 5125 as a historic contributing resource. I wanted to give the Commission this handout. I'd planned to do so today. I was a little concerned that allowing a whole 'nother month to go by without the Commission being aware of the existence of this document, which I think is very conclusive, in my opinion, as to the contributing historic nature -- Vice Chair Russell: Thank you. Ms. Stander: -- of the building. Vice Chair Russell: If you could hand it to the Clerk, please. I don't believe we can get into the actual merits of the historic contributing or non-contributing. Ms. Stander: You're absolutely right. Vice Chair Russell: But by giving it to the Clerk, we can look at it as a Commission, leading up to the next Commission meeting, when we actually hear the item. Is that all right? Ms. Stander: Perfect. That is exactly -- Thank you very much. I appreciate that. Vice Chair Russell: Thank you for coming, and thank you for your patience. Ms. Stander: Thank you. Vice Chair Russell: Anyone else would like to speak on the deferral of any of these items that Director Garcia mentioned? Mr. Garcia: Mr. Chair, ifI may? Vice Chair Russell: Yes. Mr. Garcia: I wanted to -- for purposes of this discussion, I wanted to modify one request for continuance, and add one request for continuance, if I may, for the Commission's consideration. The modified request for continuance would be, as it happens, for PZ. 14, which is to the date of May 11, if possible, so that would reduce the amount of time that elapses. And the addition would be to continue PZ.13 to May 11, as well. Vice Chair Russell: We need to amend the motion? Commissioner Suarez, would you like to amend the motion based on --? Commissioner Suarez: Sure. Is everyone okay with that? Vice Chair Russell: And the seconder's okay? Gwen Johnson: Good afternoon, Commissioners. Thank you for allowing me to speak. My name is Gwen Johnson. I'm a resident of 2000 North Bayshore Drive, Unit 510; and behind us are other residents from (UNINTELLIGIBLE) community, and we're just happy and pleased that you guys are going to defer, and in advance, we want to say thank you. Commissioner Suarez: You're welcome. City of Miami Page 105 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: PZ.1 ? Ms. Johnson: PZJ. Vice Chair Russell: Thank you very much. Commissioner Suarez: Thank you for coming. Vice Chair Russell: Is there anyone else who would like to speak on any of the deferral items? Hearing none, I'll close public hearing on the -- Anyone from the dais have any comment? It's been moved and seconded. It's been amended Did the seconder approve --? Commissioner Gort: Yes. Vice Chair Russell: The amendment has been approved, as well. All in favor, say aye. The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. PZ.1 RESOLUTION 1915 A RESOLUTION OF THE MIAMI CITY COMMISSION CLOSING, Department of VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE Planning and A PORTION OF A PUBLIC ALLEY, LOCATED AT 348 NORTHEAST 20 Zoning TERRACE, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.1 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.1, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " City of Miami Page 106 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 PZ.2 RESOLUTION 1401 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO Planning and CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-212(C) OF THE Zoning CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, ABSENT: BUILDING AND ZONING DEPARTMENT/NON-CONFORMING USE PILOT PROGRAM", TO RENEW A CERTIFICATE OF USE FOR A NON- CONFORMING OFFICE USE ON A PROPERTY LOCATED IN A 73-R" SUB -URBAN TRANSECT ZONE -RESTRICTED, AT APPROXIMATELY 2225 SOUTHWEST 18 AVENUE, MIAMI, FLORIDA. MOTION TO: Deny RESULT: ITEM WAS DENIED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: Let's begin the Planning & Zoning agenda, please. We'll start with PZ.2, I believe. Francisco Garcia (Director, Planning & Zoning): Yes, thank you. Item PZ.2 is before you as a resolution. It is a request for an exception, which requires City Commission approval for the reinstatement of an expired certificate of use through the pilot program for a property at 2225 Southwest 18th Avenue. The Planning & Zoning Department has recommended approval, with conditions, and the Planning, Zoning & Appeals Board recommended denial. I will yield to the applicant to describe the attending facts, and happy to respond to any questions you may have. Later... Commissioner Carollo: Do we have a quorum? Javier Vazquez: Good afternoon, Mr. Chair. For the record, my name is Javi Vazquez, with law offices of Berger Singerman, and I'm here this afternoon on behalf of L2 Holdings Miami, LLC (Limited Liability Company), together with my client, Mr. Lance Lazarus, who joins me this afternoon. As Mr. Garcia mentioned, this matter did go before the Planning & Zoning Appeals Board in November, and it was also deferred from your April 2017 Commission meeting. The subject property is approximately .3 acres, located at 2225 Southwest 18th Avenue, and it's located at the northeast corner of Southwest 18th Avenue and Southwest 22nd Terrace. Mr. Lazarus, who purchased the property in July of last year, is not just the owner of the subject property, but also the owner of the ojfice building, which is immediately north of the property, facing Coral Way. The request before you today is for an exception to continue a nonconforming use, pursuant to Chapter 2, Article 4, Division 2, Section 2-212(C), the Nonconforming Use Pilot Program of the Miami Code of Ordinances. I believe this Commission had a rather lengthy discussion recently about the pilot program, which expired in August of last year. We did apply prior to the August deadline, and that's why we are before you today. Little bit of background about this property: It has been used as an office continuously for over 30 years, since 1985. The current owner, L2 Holdings Miami, LLC, is a real estate consulting firm, with eight employees, and their intended use of the property is as City of Miami Page 107 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 owner or owner occupied. When the City changed its Zoning Ordinance, and adopted Miami 21 in April of 2010, the site was subsequently rezoned to T3 -R, suburb and restricted. And on January 2013, the medical office that was operating at the subject property ceased its operations, and the previous owner, unfortunately, forgot to renew the certificate of use, which is exactly the type of scenario that the pilot program envisioned. Now, the pilot program, if I can talk about it for a moment, has different scenarios where the CU (certificate of use) expired prior to six months; then there's another procedure if you expire greater than six months. And the one that we're before you under is the portion -- and it says, "If a nonconforming use is discontinued or a certificate of use for a nonconforming use lapses for a period of more than 18 months, but less than five years, any subsequent use must be fully" -- "must fully conform to the current regulations of the Zoning Ordinance, unless an exception with the City Commission is approved and granted." That is what we're before you today, under the exception portion that allows for certificate of uses that have lapsed for more than 18 months, but less than five years. This application comes before you bearing a recommendation of approval by your professional planning staff, which has vetted this application and worked it very thoroughly, and there are four specific criteria that your Planning direct -- your Planning Department reviewed and mentioned in its staff report. I'm just going to go very briefly over each one of the four. The first one is that the nonconforming use was originally legally established and operated at the time the use began. We conform with that requirement, subject -- the subject property was permitted as a transitional use for an office, with off-street parking, pursuant to a permit issued in January of 2000 -- of 1985. I'm sorry. The second requirement is that if in a structure, the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed. And again, staff indicates in its recommendation that the proposed -- the applicant will not alter the existing character and/or the nature of the property. As a matter of fact, the nonconforming use is quite similar for that to which the structure was originally designed, which was previously as a medical office. The third criteria is that no material difference in the quality, character, intensity, or degree of the nonconforming use will exist, or greater compliance where the Miami 21 Code is provided. And again, our plans do conform and confirm that the applicant does not intend to alter, extend, or to make additions to the existing building footprint, landscape, or the parking; no change to the quality, character, intensity, or degree; as a matter of fact, greater compliance will be provided for. And lastly, the fourth criteria is that the nonconforming use will not prove materially adverse to the surrounding properties, pursuant to Article 4, Table 12 of the Miami Code. And what I'd like to do real quickly on that is read to you from Article 4, Table 12, and read from the staff report that mentions that the applicant proposes to maintain the original architectural characteristics of the property in order to mitigate any visual and physical impact that could potentially affect the surrounding properties and/or disrupt the intent of the character of single-family residential neighborhood, pursuant to Article 4, Table 12. This issue, this fourth component was, in my opinion, the subject of a little bit of confusion when this went before the Planning & Zoning Appeals Board, because when they started talking about some of the requirements of Article 4, Table 12, they deviated from what's actually written in Article 4, Table 12. And it's important to mention for the record that your professional staff did include this in the criteria examination, and confirmed that we did, in fact, meet that requirement. So, therefore, having met all four requirements of the Code under the pilot program, the application was recommended for approval. A couple of additional facts that are very relevant to this application includes the fact that there are currently open and active permits issued by the City of Miami for interior remodeling work for an office, which contemplates the use in mind. A huge financial investment has been made by my client to date for the construction, and the subject property has been gutted, in an effort to come into full compliance with Miami 21. As I mentioned, it does -- this application does come City of Miami Page 108 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 before you bearing a recommendation of approval, and there are some recommendations that is -- that are made by staff. We agree with the recommendations. I'd like to read one recommendation, because it's also very relevant to what's before you today, and that recommendation reads -- and it's Number S -- "That this exception is nontransferable, and limited solely to the applicant, L2 Holdings Miami, and that any change of use, transfer of ownership, extension, addition to the existing structure of the property will automatically rescind this exception, and shall require an approval of a new permit, fully in compliance with the Codes and regulations, pursuant to Miami 21. " That is very important, because this is not just a blanket approval of an exception for this property to continue being an office. This is limited to L2 Holdings of Miami, based on their circumstances and their proposed use of the property. We do understand that there are some community concerns with this property. We have met with the representatives of Silver Bluff. I wish I could be here telling this Commission that we've reached an agreement with the representatives of Silver Bluff. I'm sure you'll have an opportunity to hear from them. But having said that, I will close. I will respectfully ask your approval of this application, as per your professional Planning Department's recommendation, and we will respectfully request time for rebuttal, if needed. Vice Chair Russell: Thank you very much. Mr. Vazquez: And thank you. Vice Chair Russell: Would anyone from the public like to speak on this item? Please alternate at the different lecterns. You'll have approximately --you can just come right up to the lectern now. Make aline at each lectern; we'll alternate. You have approximately two minutes apiece to speak. You'll hear our buzzer right around the 30 -second mark, but you can optionally state your and address; and, obviously, we are speaking only on PZ.2. Ana Valdes-Dobarganes: Hello. Good afternoon. My name is Ana Valdes. I'm the owner of the property located right across from the parking lot of that property. I have a problem speaking, so I prepared a letter that I turn it in to you members of the Commissioners yesterday, and I emailed them, so you should have that letter. But I asked my neighbor to read it for me, if this is fine for you. Vice Chair Russell: Of course. Just to clam, you mentioned you're across the street, to the south or to the west? Ms. Valdes-Dobarganes: To the south, on 32nd Terrace. Vice Chair Russell: On the corner? Ms. Valdes-Dobarganes: Oh, no. (UNINTELLIGIBLE). Right across from the parking lot. Vice Chair Russell: White roof? Ms. Valdes-Dobarganes: White roof. Vice Chair Russell: Okay. I'm looking at a map. Google Earth. Ms. Valdes-Dobarganes: Can he, please --? Vice Chair Russell: Please, of course. City of Miami Page 109 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Valdes-Dobarganes: If there are any questions, you can always ask me, but I'm having problems. Vice Chair Russell: Of course, no problem. Please, sir. Randel Simpson: Okay. I'm going to cold read this letter, so, if I make mistakes, I make mistakes. I'm reading for her: "As the resident and owner of the house located directly across the street on 22nd Terrace from the parking lot in question, I strongly oppose the exception to the Zoning Code. Throughout my almost 30 years of residence at this location, I have witnessed and endure the results that nonconforming uses have brought to our neighborhood, and especially to the property; cars speeding in and out of parking lots and up and down the streets, bumper -to -bumper parking along the streets during working hours, strangers walking around the neighborhood, noise, trash on front yards and sidewalks and streets, and break-ins; and what lately is becoming a trend of music and screaming, blasted from loudspeakers at the neighborhood, for all hours, uninterrupted, from nearby businesses when they decide to have events; specifically, the property across the street. The property in question is located in a TR -3 -- in a T3 -R Zone, and under Miami 21, the model Code recently adopted by our City, transect zoning T3 -R is dedicated to residential uses and expressly prohibits commercial and office uses. The Planning & Zoning Department, in its recommendation for approval, failed to understand the spirit of the Code and undeniable fact that an office use will materially impact negatively the surrounding residential properties. In addition, there were numerous Code violations that were not identified when the analysis was done. Eventually, and at the request of neighbors, these violations were identified" - - the copy is here; I have the copy -- "and there is currently posted on the property violations, even though they say they have permits. However, in the spirit of the recommendation of the Planning & Zoning Board, in the unanimous decision on November 2, 2016 hearing, the denial of the nonconforming use in this property, based on the applicant's failure" -- excuse me; catch up here -- "however, in the spirit of the recommendation of the Planning & Zoning Department, the unanimous decision of 9-0 on November 2 of the 2016 hearing recommended the denial of the nonconforming use in this property, based on the applicant's failure to satisfy requirements 3 and 4 of the City Code, Chapter 2, Division 2, Section 2-12(C). Furthermore, the granting of this exception will set a commercial precedent along 22nd Terrace. This will be the first and only commercial property on 22nd Terrace, between Southwest 17th Avenue and Southwest 27th Avenue. This practice, if allowed, will further encourage corporations to lure homeowners near major arteries -- Coral Way, 17th Avenue, et cetera -- to sell their properties, transforming a residential neighborhood into commercial districts. The residents of the City rely on our elected officials to protect, and better yet, to enhance the residential character of our community and the quality of life of its residents. I sincerely hope that after witnessing the opposition of homeowners and residents immediately affected -- there are 63 petitions -- the Commission follows the recommendation of the PZAB (Planning, Zoning & Appeals Board), and support the homeowners and residents of this area by voting and denying this exception. Thank you. " Vice Chair Russell: Thank you. Ma'am. Cheryl Soliman: Hello. My name is Cheryl Soliman. I live at 2322 Southwest 25th Terrace, in Silver Bluff, and I am strongly opposed to allowing any exception that would result in further commercialization of our residential neighborhood. I would not want to walk out of my house and have to look at a commercial establishment next to my house every day, and I don't think any of you Commissioners would want that next to your home, either. One of my big concerns is when you allow one commercial exception to chip away at the integrity of our neighborhood, it's only a matter of time before there's another chip, and then another chip, and then all the City of Miami Page 110 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 dominos fall, and our neighborhood is totally destroyed. People have already -- the previous speaker talked about the problems with the traffic and the trash, and this is just not something we want in our neighborhood. I do hope you will vote with the Silver Bluff residents to preserve the integrity of our neighborhood, and stop the commercial push to destroy it. Thank you. Vice Chair Russell: Thank you. Sir. Paul Meyer: Yes. My name is Paul Meyer. I live at 2130 Southwest 22nd Terrace, so just north of this property; might as well live right in front of it, because I walk my dog there every day. My wife walks there every day, my friends do, my neighbors do. You know, I just look at it -- we're a residential area. I'm strongly opposed to having this become someplace where a business could be. How the lawyer was saying, oh, they spent a lot of money in this, well, a lot of people bought homes. This has been out of a certificate of use for four years, so people bought homes and spent more money than probably a business has, not knowing that this comes out of the blue. I mean, this would just be a huge slap in the face to, I think, all the residents in the area. And it doesn't matter if they've done improvements to the place; it's the people that go there, and the people that go there -- every time I come here, we're worried about people, you know, speeding down the streets, throwing trash, doing -- making a lot of noise, and they do that. They just don't care about their neighborhoods -- our neighborhood, I should say -- if they don't live there. You know, this would just be, I think, a horrible precedent, allowing somebody to be without a certificate of use for three or four years, and then, oh, you can just come in and there's some loophole or something that they're talking about here, but it should have been enforced four years ago. I guess I have 30 seconds. Again, a ridiculously horrible precedent. Between Southwest 17th Avenue and 27th Avenue, there is no commercial right now; it's residential; they're beautiful homes. Come into any of our homes, we take care of them, they're beautiful, it's not a trashy neighborhood. Its an area where the house values are going up and tax revenue will be, you know, there to pay for whatever else we need in the area. But I'm strongly opposed that you would make this a nonresidential -- whatever it is -- Vice Chair Russell: Understood. Mr. Meyer: -- nonresidential. I'm sorry. Vice Chair Russell: Just a big question: Has it ever been a residential property since you've been there? Mr. Meyer: It was before. Vice Chair Russell: Before it -- because it looks as though it's set up for a business at this point, even though it's dormant at the moment, right. Mr. Meyer: It looked residential to me. I -- Mr. Vazquez: It hasn't been residential since 1985. Vice Chair Russell: So in 1985, it was residential. It was converted to business use - Mr. Vazquez: In 1985. It's been a resi -- it's been an office use since 1985. Vice Chair Russell: And then it's been dormant now since when? Unidentified Speaker: About 2000. City of Miami Page 111 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Vazquez: 2013, the certificate of use expired, and it was not (UNINTELLIGIBLE) by the prior owner. Vice Chair Russell: Thank you. I just needed a little timeline. Thank you very much. Mr. Meyer: And that's the important point; that in 2013, they lost it. So now, four years later, they want to come in and do it. It's way too late; way too late for people that are -- who live there. Vice Chair Russell: Thank you for your comments. Mr. Meyer: Yeah. Thank you. Vice Chair Russell: Hello. Beba Mann: Good evening. I mean -- good evening; it's almost like ready. My name is Beba Mann. I have not been sworn in, and I swear to tell the truth, the whole truth, and nothing but the truth. I need to speak as president of the homeowners association, and I also have a letter from a homeowner that lives right next to the lady that spoke earlier, Ana, and she asked me to read her -- Vice Chair Russell: Which HOA (homeowners association) is that? Ms. Mann: I'm sorry? Vice Chair Russell: Which homeowners association? Ms. Mann: Silver Bluff. Vice Chair Russell: Silver Bluff Homeowners. Ms. Mann: So let me just get her stuff out and do her presentation first. She wanted to do a PowerPoint, and unfortunately, that's not going to be possible. So I'm going to pass this on. Vice Chair Russell: Thank you. Vice Chair Russell: I'll certainly allow you to go past two minutes, but please keep it as brief as you possibly can. Ms. Mann: Okay. She did write kind of like a letter. Vice Chair Russell: Thank you. Ms. Mann: I also -- well, with the presentation, there's 64 petitions signed by the homeowners that are immediately on 22nd Terrace and on the corners of 22nd Terrace, and I'd like to submit that for the record. So this is the statement of Maria Cristina Novo, the owner and resident at 1776 Southwest 22nd Terrace, Miami 33145: "I'm sorry to miss this hearing due to vacation plans that took me out of the country. I am a resident/owner of 22nd Terrace, who is immediately impacted by the requested exception. I would like to say that the Miami 21 Zoning Code incorporates time -tested planning principles into the zoning regulations of our City. These are the principles that make for better neighborhoods, open spaces, civic spaces, revitalized areas, and foster economic growth. The building block of Miami 21 is the transect. Transects reflect a natural progression from rural natural City of Miami Page 112 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 settings to dense urban core environments. The Code, in its wisdom, designated the zone in question as Transect T3 -R, meaning restricted for residential family and suburban use. I urge you to preserve the traditional neighborhood structure. Under a pilot program that expired August 1, 2016, L2 applied for another nonconforming use exception. The pilot program use of the term, 'may"' -- so that's a key word on the pilot program, it "may" -- "in its introductory clause makes it clear the City is in no way obligated to improve" -- "to approve the application for exception. It has complete authority to deny it. The Planning & Zoning Board, in its wisdom, has already voted unanimously to recommend denial. The property in question has been a thorn in the side of our neighborhood for many years, dating back to 1985 exception that allowed a doctor's office to operate there. Please do not perpetrate a wrong that caused so much heartache in the past. Many abuses on the premises regarding density, parking overflow, and trash annoyed residents and led to the abandonment of the commercial use for the property in January 2013, after numerous complaints. It has not had a commercial use during the past four years. The City's Planning & Zoning Department, in its recommendation, ignored the provisions of the pilot program at Section 2.12 (C)(4), which states: A nonconforming use must not materially adverse the surrounding properties, pursuant to Article 4, Table 12 of Miami 21.' The table requires that a building's function and density must respond to the neighborhood's context. A general office use does not fit into the context of our single-family area. Offices bring an influx of strangers every day to our streets; not to mention overflow parking and traffic. I do not want to increase traffic intensity, increase population density; and worse, parking overflow the nonconforming use will bring. The Planning & Zoning unanimously recommended against exception for commercial use. 63 homeowners and residents have signed a petition against it. I urge you to take the views into consideration. We have had enough"; she wrote this in all capital. "Please make this statement apart of your record. Thank you. " So in her presentation that you have before you, there's pictures, and the pictures -- I kind of numbered it for her, because I didn't have the computer to come, and there's slides, and you can see that on the first one is where the property is located. And she wrote --and then you can see what she wrote on the slides. But basically, if you look at page number 6 and 7 and 8, 9 and 10, you're going to see what is being currently done -- oh, and 11 -- even though there is no CU on this property; there is not a certificate of use. The certificate of use was revoked in 2013; however, they continue to use the property as if it was commercial. So I hope you take a minute just to read the slides, and I wish I could read them to you, but I know that I've already spoke longer than I should for her presentation, but it's self-explanatory. Okay, now, if I may, my name is Beba Mann. I'm president of Silver Bluff Homeowners Association. I live at 1665 Southwest 23rd Street, and I just want to make a couple of statements here, because when the Planning Department took the position to voice their support of this exception, they said that there was no community -- that there was nothing on file that said anything that this property was ever a problem. Now, I can tell you from my years in Silver Bluff that this property has always been a problem. Now, if Mayor Regalado was sitting here right now, he would tell you that in the 14 years that he was Commissioner in the area that this property was a problem. So this CU was granted in 1985; however, it has been a detriment to the entire neighborhood for many, many, many years. Now, how the Planning Department didn't find anything on file, I don't know, because I searched my records, and I found two emails dating back to 2010; one to Commissioner Suarez, where he's asking what's the status on this. The other one is to Sergio Guadix, which we all know back then was our Zoning Director. Commissioner Suarez: Code Enforcement Director. Ms. Mann: I have another one -- Commissioner Suarez: Code Enforcement Director. City of Miami Page 113 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Mann: Code Enforcement; my apologies. I have Pablo Canton, who was the NET (Neighborhood Enhancement Team) Administrator. So there are lots and lots of emails in the file. Now, had they taken the time to pull out and question -- or had they called me, I would have been more than happy to tell them this property has been a huge problem for the residents. So the property was granted a nonconforming use in 1985 for Jose Pradere (phonetic), a doctor. It was operated as a medical office. The certificate of nonconforming use expired on January 7, 2013. It is my understanding that the medical clinic had to shut down due to irregularities, such as excessive number of physicians and patients. There was no outreach to the community from the Planning Department. Current owners told the City Planner, Luis Vincenti, orally, that they planned to place a real estate office there. My understanding is that Luis Vincenti is convinced there is adequate parking. There is not; you can just look at the pictures. And that's an empty house, so imagine if it actually had a business inside of it. The parking lot is always -- the parking lot is and always will be used under the use for the Coral Way property, and there is no way to enforce the parking for it to be only for that house. The building that they also own on Coral Way are the ones using the parking. The certificate of use was abandoned in 2013. Therefore, I don't even know why we're here. It died. They shouldn't even be part of the pilot program. It just died. It has been four years since it was cancelled, and should be considered under the pilot -- and should not be considered under the pilot program. Remember when the daycare that lost its CU, the one on 22nd Avenue that we came here? Somehow, they got granted a CU without going through the process. We cannot continue to cover mistakes with nonconforming uses to devalue our quality of life, which seems to be the case with open permits, after a CU is revoked. How can they get permits to fix something under a commercial use when they don't even have a CU? All commercial businesses -- office, daycare, or whatever else you think of that creates traffic -- should be on a commercial corridor, and not in the residential neighborhoods. Commissioner Carollo: Chair? Ms. Mann: Silver Bluff meets quarterly, and at our December meeting, we had over 80 residents attend the meeting, since we were discussing the items regarding 22nd Avenue improvements, and also discussing this item. Commissioner Suarez attended, as well as Commissioner Carollo, and they saw that the consensus was overwhelming against the granting of this exception. To make matters worse, after the applicant's attorney spoke to the homeowners, that they expressed their opposition, the applicant threatened to sue us. The applicant owns the building abutting Coral Way, and even though this property cannot function as a commercial property, the illegal parking lot continues to be used by the building. It is a spillover of cars to 22nd Terrace. Please support the residents in peacefully enjoying their homes and neighborhood. And an aside: The attorney mentioned that this was rezoned to a T3 under Miami 21. This property is zoned residential, has always been zoned residential. They were given an exception. The zoning never changed. Vice Chair Russell: Thank you very much. Ms. Mann: Thank you so much. Vice Chair Russell: Is there anyone else from the public who would like to speak on this item? Mr. Simpson: Hello. My name is Randy Simpson. I'm a -- the property that I own is directly across the street at 1790 Southwest 22nd Terrace. I've owned that property for over 20 years, and there's a long history to the subject property in terms -- There was at one point in time, about 20 years ago, 18 years ago, where we had a meeting City of Miami Page 114 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 with the owner, and they agreed at that time -- and I'm sure it's probably in the record somewhere -- that they would abandon that building, and not use it for anything other than storage. One of the issues with that property is that, for example, you have a wheelchair or handicap access from the sidewalk -- from the street to the sidewalk, and they park their cars on that, abutting the sidewalk, directly. They use that as a ramp to get into their front yard to park their cars there. The other thing is that there's access from the back parking lot to 22nd Terrace, which was never supposed to be there in the first place. And the fact that the parking in the back is paved, there was never a permit for that, either. This is a yard. Its a house, it's a yard, and it's got painting on it. So the building impacts the neighborhood by having use -- access to 22nd Terrace, and it impacts the neighborhood by having people parking in the grass there in the front, and it impacts the neighborhood by them using that building at any time of day, for anything they want to use it for, and it's incompatible with the residential neighborhood. It's the only spot in the entire street that's nonconforming, so I recommend that you deny this. Vice Chair Russell: Thank you very much. Any further public comment on the item? Hearing --seeing none, I will close public comment. Comments from the dais? Commissioner Suarez: Yes. Mr. Vazquez: Can we do rebuttal? Vice Chair Russell: Sure. Ms. Mann: Excuse me, Mr. Chair. Could I just say something for the record? The meeting that I was speaking about, the homeowners' association meeting was December 15. The attorney asked me, so I just want to make sure it's on the record of when we had this meeting, and I can give a copy of the agenda that was circulated, so it can be part of the record. Vice Chair Russell: Okay. Commissioner Suarez: Thank you. Vice Chair Russell: Thank you. I'll defer to the district Commissioner. Do you have a comment on this or do you want to hear -- Commissioner Suarez: Short rebuttal. Vice Chair Russell: --rebuttal? Mr. Vazquez: Yeah, short rebuttal, with a couple of comments that have been made for the record. I did make it very clear, and just to counter Beba's comment regarding the zoning, all I said was that when the property -- when Miami 21 came into effect, it was zoned residential, and the property continued to be a legal, nonconforming office use. My comment on rebuttal is as follows: A lot of the comments -- if we didn't know any better, you'd be thinking that this is a residential property; that the applicant is coming forward, asking that it be converted to an office use. This has been an office since 1985. The fact that the certificate of use lapsed in 2013 is meaningless for purposes of this section of your Code, which was legislatively created to create an opportunity for certificate of uses that have lapsed between more than 18 months and less than five years. And a specific set of criteria were established in your Code. And, yes, an exception may be approved if the following four criteria are met. Your staff has corroborated what we have said; that all four elements of your Code with regards to the pilot program for these City of Miami Page 115 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 circumstances have been complied with. A couple of comments about chip -away precedent. Let's be very clear, the pilot program expired. There can be no precedent established here moving forward, because there -- no one, no applicant, no property owner can come after us and say, "Hey, precedent." Why? The pilot program no longer exists. So having said that, I would once again ask this Commission to respectfully approve this application, as per your staff recommendation. And once again, we appreciate the opportunity for rebuttal. Thank you very much. Commissioner Suarez: Thank you, Mr. Chair. Vice Chair Russell: Thank you. Commissioner Suarez: Thankyou. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: So I appreciate the advocate's comments, and obviously, the residents' comments. As was stated, this property was in a nonconforming state for 27 years. I could tell you, I've represented the district for eight, and for four of those years, from 2009 to 2013, I could tell you, there's no shortage of complaints that I've received about that particular site; the overflow parking, et cetera, et cetera. You know, it is not a fault of the owner, who's well-intentioned, good person -- and I'm thanking you for investing in the City -- that he purchased a property which has that kind of history. But unfortunately, we've received a significant amount of opposition to this petition, as evidenced by the residents that have come here. So I regretfully have to move to deny this exception. Commissioner Carollo: Second. Vice Chair Russell: Its been moved and seconded. Is there any discussion from the dais on the item? Hearing none, it's a resolution. All in favor of denying -- Commissioner Suarez: Yes. Vice Chair Russell: -- say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Barnaby Min (Deputy City Attorney): Mr. Chairman, just so the record is clear, the basis for the denial is because the criteria established in Chapter 2 of the City Code, as well as Article 4, Table 12 of Miami 21, have not been met? Commissioner Gort: Correct. Mr. Min: Mr. Chairman? Vice Chair Russell: Mover? Yes, but it's up to the mover to clarify. Commissioner Suarez: Yeah, that's fine. Mr. Min: Thank you. City of Miami Page 116 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PZ.3 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 ABSENT: 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: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.3 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item PZ.3, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " Citv ofMiami Page 117 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 PZ.4 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 ABSENT: APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244 Note for the Record. Item PZ.4 was continued to the May 25, 2017, Planning and SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4 -L, "GENERAL Meeting. 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: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.4 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.4, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item (s). " PZ.5 ORDINANCE First Reading 1314 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 .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.5 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Citv ofMiami Page 118 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 Note for the Record. For minutes referencing item PZ. 5, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " PZ.6 ORDINANCE First Reading 1315 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 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM 75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO 76-8-0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.6 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ. 6, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " City of Miami Page 119 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 PZ.7 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 ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION Note for the Record. Item PZ.7 was continued to the May 25, 2017, Planning and 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND Meeting. USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.7 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ. 7, please see "Order of the Day" and "Part B: PZ- Planning and Zoning Item (s). " PZ.8 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 CLASSIFICATION FROM "74-L", GENERAL URBAN TRANSECT Zoning 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: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.8 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.8, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " Citv ofMiami Page 120 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 PZ.9 ORDINANCE First Reading 1900 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 ABSENT: APPROXIMATELY 3550 WEST GLENCOE STREET AND 3535 HIAWATHA AVENUE, MIAMI, FLORIDA FROM "75-R", URBAN CENTER TRANSECT ZONE -RESTRICTED, AND "NCD -3", COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO "73-R", SUB -URBAN TRANSECT ZONE -RESTRICTED, AND "NCD -3", COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Vice Chair Russell: PZ. 9. Francisco Garcia (Director, Planning & Zoning): Thank you, Commissioner. Item PZ.9 is before you as a first reading ordinance. It is a proposed rezoning for a portion of a parcel at approximately 3550 West Glencoe Street and 3535 Hiawatha Avenue, and the proposed change in zoning is from T5 -R to T3 -R, with the NCD -3 (Neighborhood Conservation District) overlay, of course. And the recommendation of the Planning & Zoning Department is for approval, as was the recommendation for the Planning, Zoning & Appeals Board. And I'll add briefly for the record that this is so as to allow the developers and property owners to comply with an existing condition that was issued as part of a major use special permit, which was the entitlement document originally allowing for the development of the site. Happy to answer any questions. Vice Chair Russell: For lack of this down -zoning, what would they be able to dol Would they not be able to continue developing the property? Mr. Garcia: Precisely. They are, as a matter of fact, in the process of developing the site, generally, pursuant to the original major use special permit. The major use special permit conditioned the development of this portion of the site as a single- family residence. Because the zoning presently is T5, they would not be able to comply with the applicable regulations of T3, which is what they are intended to develop as by virtue of the T5 zoning. So zoning it back to T3 from T5 would render the whole lot a single-family residential lot in which a single-family residence can then properly be built. They are at the tentative plat stage. They cannot complete the platting process until the T3 is passed. And they are also working under a phase building permit, which they cannot finalize until the zoning alliance with the single- family residence they are forced to build onsite. Vice Chair Russell: Thank you. Is the applicant here? City of Miami Page 121 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Melissa Tapanes Llahues: Good afternoon. Melissa Tapanes Llahues, law firm of Bercow Radell and Fernandez. I represent the owner and developer. The City of Miami is the applicant in this case. Would you like me to make a small presentation or --? Vice Chair Russell: Please. Ms. Tapanes Llahues: Wonderful. The owner and developer is developing 3550 West Glencoe Street and 3535 Hiawatha Avenue. We're here in support of the City's application to down -zone approximately a 10 foot strip, consisting about of 1,000 square feet of land, from T5 -R to T3 -R, with the NCD -3 overlay. The objective is to correct basically a scrivener's error in the mapping of the entire City of Miami in 2010, as part of Miami 21. The current GIS (Geographic Information System) map of Miami 21 does not reflect the 2006 major use special permit order. And as Director Garcia mentioned, it does not allow us to move forward under the MUSP (Major Use Special Permit) order, which is -- was a down -zoning. Basically, we were -- The original 2006 application proposed townhome residents in this area, and as part of that approval, it was -- we -- the applicant/developer agreed to develop the site with single-family residents. The goal of this application is to move forward with the single-family residential development instead of the townhome developments, and create a 10 foot pedestrian passage for the benefit of the residents on West and East Glencoe to Hiawatha Park, which is on South Bayshore Drive and Hiawatha Avenue. We understand that the residents have had some concerns, ongoing concerns regarding construction within this area. They have -- as part of the PZAB (Planning, Zoning & Appeals Board) hearing, they presented a private agreement between the developer and owner, and several property owners who may or may not be here; that is part of your record. I'll submit to you that the residents and their claims -- they raise questions of both law and fact, which is completely irrelevant to the case before you, which is simply to correct a scrivener's error as part of a down -zoning of the property. The owner and developer are 100 percent in compliance with the City's major use special permit development order, as well as the City Code. The owner/developer continues to be responsive to the neighbors' ongoing concerns as it deals with construction, and were committed to continuing to do so, including between now and second reading of the City application. We respectfully request your approval, consistent with your professional staffs recommendation, as well as the unanimous recommendation by the Planning, Zoning & Appeals Board in this matter. I'm available for questions. Vice Chair Russell. Thank you. Where would the pass-through take place physically, and where is it referenced in the application, or is there a separate agreement for that? Ms. Tapanes Llahues: The -- this is part of an underlying 2006 major use special permit. I can show you by showing you the tentative plat. Vice Chair Russell: The pass-through is already required in that? Ms. Tapanes Llahues: In the major use special permit, correct. And it's reflected in the tentative plat as dotted lines and an easement. Vice Chair Russell: Fair enough. Is there anyone from the public who'd like to speak on this item, please? Jason Bloch: Thank you. Good afternoon. Jason Bloch, 3501 West Glencoe Street. I'm actually here with several neighbors that have signed up, as well. I can probably cover all of our concerns. As Ms. Tapanes said, we have had a number of incidents City of Miami Page 122 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 with this developer. The tagline that was just thrown out that he's been responsive to our concerns is just that; a tagline. He has been anything but responsive to these concerns. He has had this permit for 11 years. And you will see -- I think Ms. Tapanes has made a reference at the PZAB meeting, we introduced into the record an agreement between the developer and the neighbors, and I have additional copies if you would like them. It's a one-page agreement; it's very simple. At the time, the project was to build a condominium building on the adjacent street, as well as townhomes on Glencoe Street. What the developer wanted to do was get a variance so that he could have an additional level on his condominium building, and these are multi -million -dollar uses. He exchanged -- he agreed for simple concessions to the neighbors on Glencoe Street that they would not oppose the variance. May I pass out the agreement to you? Vice Chair Russell: Yes. Mr. Bloch: Okay. Vice Chair Russell: What's the date of this agreement? Mr. Bloch: January of 2006. Barnaby Min (Deputy City Attorney): Sir, you need to speak into the microphone for your comments to be recorded. Mr. Bloch: Yeah. This was -- this agreement, you'll see on the bottom, was executed in January 2006; just before the approval was granted in 2006. You'll see it's not complicated. The neighbors didn't ask for any financial compensation. They didn't ask for any onerous requirements. What they asked for and what the developer agreed to was to build a -- in Paragraph ]or Number I -- to not build more than three single-family homes, rather than five townhomes. And in the event that the variance was not granted, then he could build five. And Number 2: No construction activity, including staging, concrete pours, deliveries and the like, shall occur on West Glencoe Street until the homes on West Glencoe Street are complete. At the time, it was a virtual green space in the adjacent lot. He could have built -- I'll wrap it up quickly. He could have built the properties from that direction. What I'm suggesting -- because Ms. Tapanes told me she has now just been retained by the developer, and she said she wants -- she's able to speak to our concerns. What I would suggest, rather than airing all this out today, is that you defer this item; give us an opportunity, perhaps with the Commissioner's assistance, to speak to the developer and air out some of these concerns. But to the extent that the developer is asking for additional concessions or accommodations, they should be held to live up to their promises. We understand construction and development must happen, but if you make a promise to get that, you need to abide by that promise. Vice Chair Russell: Thank you, Judge Bloch. Question, though, for you. In Number 2, if they're not supposed to do their staging on West Glencoe Street, where were they expected to do it; on Hiawatha? Mr. Bloch: On Hiawatha. Vice Chair Russell: On the other side. Mr. Bloch: Yeah. There was an apartment building there before; they demolished that. There was two homes on the Bayshore side, and the rest of it was an empty space. They had clear access to go in through there. They -- City of Miami Page 123 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: And your point is that they have been staging throughout West Glencoe during this period, and obviously, will continue to do so, in your mind, for that single-family home development? Mr. Bloch: And it's been 11 years. And even today, I asked, "When do you expect all the homes to be completed?" They said, "Some of them in 30 days," but the rest, she couldn't give me an answer. And we've been dealing with this for a long time. Vice Chair Russell: So you're not here in opposition to the down -zoning; you're here to hold them accountable to the promises made 11 years ago, before any further entitlement is granted; is that correct? Mr. Bloch: The other Vice Chair Russell: Grovites in favor of down -zoning is not something -- I mean, against down -zoning is not something I hear every day. Mr. Bloch: General proposition, I would agree with you, Commissioner. But to the extent that they need this to move forward with the development that they agreed to, then we are opposing it at this time until we can get some assurances from them as to living up to the rest of their promises. There's --I see no negative effect by deferring this. They don't even know when they're going to finish the construction. Unidentified Speaker: That's not true. Vice Chair Russell: Thank you. Is there anyone else here who would like to speak from the public on this item? Please. Findlay Black: My name is Findlay Black. I'm a director of Beacon Harbor Condominium Association, which is at 1660 West Glencoe. And I agree with the other gentleman that the developer has not been responsive. And these houses have been under construction for almost four years, and West Glencoe has been a complete mess. We access the 20 --also, people who live in our property access our building through West Glencoe, and the place is a disgrace. And how someone can take four years and not even complete five townhouses is beyond me. And we are fed up with the mess, and we want -- Under the major use special permit, there was a requirement by the City to resurface the road, and the road right now is in a disgraceful state. The landscaping is disgusting, and I would like to know when the City will require the road to be resurfaced. Vice Chair Russell: Thank you. Is there further comment on this application? Charles Patrick: Yes. My name is Charles Patrick. I'm a resident at 1648 South Bayshore Drive, which is part of the East and West Fairview Subdivision, which we got notice of this because we have an interest in it. And this project was the subject of a -- considerable work, and it resulted in a City of Miami resolution of this Commission. It's File Number 06-00426mu, Enactment Number R-06-0404, and it was signed in 2006 And as a result of that, there was a substantial revision of the developer's plans, and he was given permission to build an additional floor to the condominium. I actually have a copy I can give to the Clerk. He was given permission to build an additional floor on the main condominium building. In exchange for that, he had to agree to develop what was then called "Steele Mini Park," and to add to it significantly, and he's done that. But he also had to give us access from East and West Fairview through an alleyway, which is -- has pavers on it, which has a gate; and then also, to give us access to the other side, on the street that's under question here, on Glencoe Street. This particular piece of property that's the subject of this rezoning is that walkway, and we don't want anybody to City of Miami Page 124 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 restrict that walkway. We -- you were -- the developer was supposed to record an easement, and I don't know if you did or not, but if you did, I'd like to have a copy of it, because we're concerned that when this property is turned over to the condominium association, which it eventually will be, if it already hasn't been, that there's going to be a dispute about whether public has -- the public has access to the Steele Mini Park through these alleyways and these rights of ingress and egress, which currently exist. Vice Chair Russell: Did they, in fact, build the pass-through on the west side to Fairview? Mr. Patrick: Yes. Vice Chair Russell: They did. Mr. Patrick: Yes. Vice Chair Russell: So that exists and -- Mr. Patrick: That exists and -- Vice Chair Russell: -- so now, they're going to do the one on the east side to Glencoe? Mr. Patrick: No. It's already done. Vice Chair Russell: The Glencoe pass-through is done, as well? Mr. Patrick: Yeah. The piece that -- this little piece of land that's described here is currently paved with pavers, with -- and it actually goes in between several of their houses that they're building. They're -- they abandoned this construction for years. They started on it and then they -- then somebody else took it over, but they're now finishing the construction, and this piece of land, this little 10 -foot -wide section of land goes right through there to Glencoe. And I'm concerned that the homeowners associations, when they get out of this -- the developer gets out, transfers the titles to all that, they're going to say, "Hey, wait a minute. What's all this" -- "What are all these people coming in between our houses?" And that's why I want to make sure that this is recorded, as you agreed to do, and as the City of Miami required them to do in this 2006 resolution. And so, if you have a copy of it, I'd be glad to have it. We don't have an objection to the rezoning, but we do have an objection if there's -- somebody's going to try to shut us out of walking through there -- Vice Chair Russell: Of course, of course. Mr. Patrick: -- because the neighbors use it We use it to walk our dogs. People walk their babies through there, and they avoid having to go out onto South Bayshore Drive, which is really a difficult place to try to walk with a dog or a child, so we don't want to compromise on this. And as long as we're assured that it's not going to affect that, then we have no problem with the change in the zoning. Vice Chair Russell: Thank you very much. Mr. Patrick: And I have a copy of the resolution for the Clerk, because -- You should have it in your records, but just in case you don't, I have an extra copy. And that's all I have to say. Thank you. City of Miami Page 125 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Vice Chair Russell: Thank you very much. Is there anyone else from the public that would like to speak on this item? So there's several issues that have come about that I were not -- that I was not aware of prior to this. We can either take the next couple weeks to work this out, because it seems that the concerns of the neighbors do need to be tied into this agreement somehow. Obviously, in the original letter between -- the Hiawatha Village agreement is -- the City's not bound to enforce that; am I correct, Barnaby? This is a private agreement between the two parties. Mr. Min: Correct. Vice Chair Russell: But the neighbors, who are -- who we are responsible to, are reporting that at least Items Number 2, 3, and potentially 6 have been violated throughout over the last 11 years, or whenever the development's been happening, so they're looking to see that, if we grant this entitlement, the developer will be held to certain requirements. Ms. Tapanes Llahues: If I may, Commissioner? Vice Chair Russell: Please. Ms. Tapanes Llahues: So first, just to clear the record, the major use special permit was the permit that has been in existence for 11 years -- Vice Chair Russell: Right. Ms. Tapanes Llahues: -- since 2006. The Hiawatha Village Project, the 19 multi- family units on Hiawatha Avenue, have been developed during that time. This area has not just been vacant, waiting for 11 years. There's been active development immediately after the major use special permit -- Vice Chair Russell: How long have the three properties been vacant for the single- family homes? Ms. Tapanes Llahues: The three single-family homes, a few years. They've been under construction. They had to do this plat, which is part of it. The phasing permit is something that is done afterwards, so that is more recent. And the property actual -- three single-family residences are due to be completed with construction in the next month or so. What has taken place is that there is additional construction of four additional lots within West Glencoe that are not subject to this agreement, or subject to the major use special permit. It has nothing to do with this matter before you. This matter before you is simply for the 10 feet -wide area, which I'll submit to you the tentative plat that clearly shows that this is the vehicle in which this will become a platted easement, if I may. Vice Chair Russell: Understood. Thank you. Yep. You can give it to the Clerk. Ms. Tapanes Llahues: The private agreement that has been submitted to you, there's not a party that is here that is an actual party to that agreement. Those questions raised by the residents here are questions of fact. There is no evidence that the developer has been in violation of this agreement. Again, the major use special permit deals with three single-family residences; not the additional residence [sic] that are under construction today. Vice Chair Russell: Then I'll ask you directly. Regardless of evidence and whether the parties are here on that agreement, has construction activity been taking -- staging been taking place on West Glencoe Street? City of Miami Page 126 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Ms. Tapanes Llahues: My understanding is that the additional purchase of the single-family residences -- and you could see in the aerial photographs -- they were sodded by the developer, and staging has occurred within the actual lots; not within the street. I understand that there are photographs that Mr. Bloch showed me that showed utility vehicles on West Glencoe, and it's simply -- utilities and such are not actions by the developer. So I've also -- in my discussions with the residents, they're bringing up issues -- for example, the catering trucks that come by to feed the construction workers, that is not construction traffic; that is simply a City of Miami vendor, licensed vendor, delivering food to the sites. So the developer here is being penalized for things that are not actions of the developer, or their -- his subordinates that he has control over. In this case, this application before you, I would submit that, by delaying it through a deferral, it's just prolonging the construction process that we've been discussing, and it's counterintuitive. What I would recommend is to allow this to continue on first reading, and we'll be back here on second reading next month, and we'll have an additional time to speak with the neighbors and see what it is that they're specifically complaining about that we can clarify as to whose responsibilities and how we can do our part as the developer in the area. Regarding the resurfacing of the road, that is a condition of the major use special permit, and that will occur. The easement, that will be a recorded document, as part, and the City is enforcing that in the tentative plat. So all these issues have responses. We understand that there is inconvenience dealing with construction, but it's not the three lots that are subject to this agreement necessarily, or this developer; it's just part of the construction process that fuels our Miami economy, and we want the time to be able to address their concerns. As Mr. Bloch mentioned, I was recently engaged in this matter, and the date of my lobbyist registration was April 26, and I -- we will continue to meet with these neighbors and see what it is that we can do, and at least parcel out the responsibilities. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Yes. Who said that? Commissioner Suarez, just a moment, please. So one thing you just mentioned, though, doesn't fully satisfy the question that I was asking about deliveries and construction activity and staging. So you mentioned that some of the workers would park onsite there, or that they would be -- the vehicles would be onsite, but not in the street. Ms. Tapanes Llahues: All -- no. All -- To be very clear, all employee construction vehicles are occurring on Hiawatha Avenue. What I've said is that the staging is occurring in the residential lots that are between Hiawatha and Glencoe that are not apart of this agreement, and not within -- on Glencoe. Vice Chair Russell: Right; the staging is occurring there. How are they accessing it; through Hiawatha or Glencoe? Ms. Tapanes Llahues: The employees are through Hiawatha; they're parked on Hiawatha. The photographs that I've been shown are utility vehicles, such as --Mr. Bloch showed me one of FPL (Florida Power & Light), and FPL is providing access, because this 10 foot easement is also a utility easement, and we cannot control FPL and how they access the site; that is not the developer or his employees. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Yes, Commissioner Suarez. Commissioner Suarez: Thank you. So I think, from hearing this and listening to everyone, there's a couple of issues. One is the frustration of the neighbors at how long the construction has taken; I think is the major concern, so -- and the second City of Miami Page 127 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 part is, I think the reason why they're here, sort of, I guess, in opposition to this, but not really, is they don't want to lose bargaining power over -- some sort of bargaining power over what is taking place there. I don't -- and just for the neighbors, I don't think you lose much bargaining power, if any. I don't think you lose any bargaining power if we pass it on first reading, but for you, I think -- You know, I happened to go there the other day, coincidentally, with -- none of the people who are here today -- and heard from a separate neighbor, who was complaining about the condition of the street and the length of time -- the duration that the construction has taken. I understand you took on the representation yesterday, and it's very hard to turn it around in 24 yours and make sense of it all. But I got to tell you that, you know, what they're doing is just echoing what I've heard from other people. And so, I think, in order for this thing to go forward, there has to be -- and I think they would oppose it, unless there is some -- I know you say that it's going to take 30 days for them to complete the construction, but, you know, I'm sure they've heard a lot of empty promises, and are very, very concerned about how long it's taken. And I don't -- I mean, I saw it. I don't know that it's 30 days away. It's just from my own -- I'm not a builder. I'm not a, you know, contractor. I'm sure there's a -- where there's a will, there's a way. But -- Ms. Tapanes Llahues: There are numerous houses under construction; it's not just what we're talking about here, and that's the important part -- Commissioner Suarez: Yeah. I mean, I'm -- Ms. Tapanes Llahues: --for them to realize. Vice Chair Russell: But if they're developing from the west, from -- I mean -- Commissioner Suarez: Right. Vice Chair Russell: -- from the south, from Hiawatha, there should be no access at all on the Glencoe side. Is there -- there's a fence blocking access from the Glencoe side? Because, if not, why shouldn't there be, if all of their work, staging, deliveries should be happening on the Hiawatha side? Even though you can't control external vendors, per se, if you had fencing there on the Glencoe side, that would prohibit any deliveries of any sort from coming in on that, and would discourage outside vendors, without even making a rule or having them to do so. Commissioner Suarez: Right. Ms. Tapanes Llahues: There is construction fencing in some areas, absolutely. Vice Chair Russell: So we have some issues to work out, clearly. I would ask for the indulgence of the neighbors. Hearing what their specific issues are, I think we'll be able to work through this. You have my word, though, that we're going to hold them to these specific issues, and I'll work with the City Attorney to figure out exactly how we frame those within the agreement. Mr. Bloch: Can I say one thing? Since Ms. Tapanes did bring me up in reference of pictures that I showed her, I also, regrettably, have to bring something to your attention, which is her representation to you that the construction activity that's taking place from Hiawatha is 100 percent false. Mr. Patrick: And I confirm that. City of Miami Page 128 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Bloch: You agree? And I have -- these people will be willing to go under oath and say the same thing. Ms. -- maybe Ms. Tapanes is so new, she doesn't really know what's -- Vice Chair Russell: So there's not a fence that would block access to those three properties from the Glencoe side? Mr. Bloch: There is a fence now. Indeed, the walkway that you heard reference to before, that's shut down now; we can't use that. Vice Chair Russell: Because of construction? Mr. Bloch: Because of the construction. The picture that I showed her, I -- Commissioner Suarez: That's recent. That's recent, right? That's pretty recent. Vice Chair Russell: But if there's a fence, how is anyone accessing for deliveries -- Commissioner Suarez: That's got to be very recent. Vice Chair Russell: -- staging or anything if there's a fence? Mr. Bloch: Going through Glencoe; that's the point. The -- Vice Chair Russell: No, no, but there's a fence blocking the whole Glencoe side, you just said. Mr. Bloch: No, there's a -- there's division between -- and I don't know if it's a fence or if it's palm trees, or maybe a combination -- between Hiawatha and Glencoe. Perhaps I misunderstood your question. Vice Chair Russell: That's not the fence I'm talking about. Mr. Bloch: Okay. Vice Chair Russell: Is there a fence on Glencoe that blocks access to the construction properties on Glencoe? Mr. Bloch: No. There is a fence that blocks access to part of the construction, but every -- and, you know, it's not just utilities. And by the way, that was a vendor that was supplying the services. But it's every supplier, it's workers, it's material men, it's heavy equipment, it's big rigs. They come through on a daily basis. And for the lawyer of this developer to suggest to this Commission that they have not been using Glencoe is a 100 percent misrepresentation. It happens routinely, and I can show you literally hundreds ofpictures of it happening -- Commissioner Suarez: Mr. Chair. Mr. Bloch: --including their own people. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Yeah. And I'd rather not get into a back and forth on that issue; I'll take your word for it. I think -- and she's only been on the case for --not even 24 hours. But, look, I think -- I don't want us to do anything to cut off our nose to spite our face, which is, we want this project, I think, to finish as quickly as possible, and be done with the least inconvenience for the residents as possible; City of Miami Page 129 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 that's the objective here. And so, I'm just -- sometimes -- I understand you want to maintain the bargaining power; I get it. But I don't -- again, I don't want to cut off my nose to spite my face insofar as they need to do this to finish the project. And so, therefore -- you understand what I'm saying? Mr. Bloch: I asked Ms. Tapanes when all of the homes are going to be completed, and she couldn't give me a straight answer, because -- Ms. Tapanes Llahues: "All the homes" is seven homes that are not subject to this agreement. They're new purchases, so it has nothing to do with this. Mr. Bloch: So -- and I agree with you, it's difficult for us to hash this all out in this context, in this environment and (UNINTELLIGIBLE). Vice Chair Russell: I'll make a suggestion. I'll be glad to host a meeting between the parties in my office to come to agreements on all points, because I've heard several, but I don't want to try to dance in the moment to pin them all down. So I would recommend for a motion to move it on first, but I'd like to direct the City Attorney to assist us with drafting the conditions as we move forward for second reading that will satisfy the residents. Commissioner Gort: Good. Vice Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Suarez. Any further discussion on the dais? Mr. Min: It's an ordinance of -- Commissioner Suarez: No. I just think -- again, I think -- I want to make sure that the residents understand that they're not losing any bargaining power -- Commissioner Gort: No, no. Commissioner Suarez: --for purposes of accomplishing their goals. Vice Chair Russell: Trust me, I don't believe in bureaucratic momentum. Commissioner Suarez: Right. Vice Chair Russell: Just because it's passed on first doesn't mean that, you know, it's a done deal and everything's set. Second reading -- what happens between first and second reading absolutely matters. You absolutely have a place and a voice at the table. Commissioner Suarez: Yeah. Vice Chair Russell: I'm very concerned that the developer hasn't been meeting their obligation to the community with regard to the first part of their development, and I want to make sure that they do so moving forward, so we'll be working together on it. Please read it into the record, or we'll just go straight to roll call, yes? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ.9. A roll call was taken, the result of which is stated above. City of Miami Page 130 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Hannon: The ordinance passes on first reading, 3-0. Commissioner Suarez: Thank you. Vice Chair Russell: And for the residents, if you would just check in with my office so that we can coordinate with you for a date. We'll just get your contact information. Thank you. PZ.10 ORDINANCE First Reading 2037 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 "76-8-0", URBAN CORE TRANSECT ZONE - Zoning OPEN, TO "76-12-0", URBAN CORE TRANSECT ZONE -OPEN, FOR APPROXIMATELY 0.98 ACRES (42,714 SQUARE FEET) OF REAL PROPERTY LOCATED AT APPROXIMATELY 1900 NORTHEAST MIAMI COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Vice Chair Russell: PZ.10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.10 is before you as a first reading ordinance. It is a proposal for the rezoning of a parcel of land at 1900 Northeast Miami Court. The requested zoning change is from the existing zoning T6-8-0 to T6-12-0. It's recommended for approval by the Planning & Zoning Department, as was recommended for approval unanimously by the Planning, Zoning & Appeals Board. Happy to answer any questions you may have. Commissioner Suarez: Is there anyone here to speak in favor or against this item? Move it. Commissioner Gort: Second. Vice Chair Russell: It's been moved and seconded. I would like to hear from the applicant, though, on this item. Steven Wernick: Certainly. Mr. Chair, thank you, and Commissioners. Steve Wernick; address at 98 Southeast 7th Street, here on behalf of the applicant, and with me, Damian Narvaez and Alex Karakhanian, the ownership, as well as -- I don't where she went -- Wendy Francois, who works with me. Brief presentation. We've had extensive community outreach with neighbors. It's a very interesting site. It's got the FEC (Florida East Coast) Rail on the west side; Northeast 20th Street on the north; Biscayne Park is to the south; the Aspira Charter School, which used to be in this building, is finishing its last year and then moving into the beautiful new facility City of Miami Page 131 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 that they've constructed across the street. It's been a great partner and very supportive, and we have letters of support from them in the record. Planning, Zoning & Appeals Board recommended approval unanimously; we did not have any objection. The staff report is positive. Really, the intent here is the future land use map and the CRA (Community Redevelopment Agency) planned density in the area is already 500 units an acre, and the T6-8 zoning is -- presents a restriction. The properties immediately to the east of us have a T6-12 zoning, so we're proposing T6- 12, which is consistent there. I'll just say, from the staff report, you know, one of the findings was that this request is consistent with the goals and objectives of the Miami 21 Code. Furthermore, the subject property falls within the Omni Community Redevelopment Agency boundaries, which has a maximum permitted density of 500 units per acre. And the agency's objective is to stimulate development of the area, which rezoning of the property serves as an element that spurs development. Here, our hope is to have a residential development primarily, with some ancillary uses; parking onsite; and hopefully, these -- the house -- this is housing in the area, adding to the supply that adds to the mix of housing at different income levels. We do think this is a market rate proj -- we look at it as a market rate project, but we know that we've got charter schools in this area. There's afire station right to the south of us, and I think there's an opportunity to, you know, have workforce housing here; some smaller units, but a mix of units. We have not designed the project yet. We're in the process of bringing an architect onboard. This zoning really, you know, creates the residential opportunity, and we're hoping that we can have a significant number of units. We're not going to get to the permitted density of 500 units an acre, but we get closer in line. So technically, I think it's a strong application, and we're continuing to work with the neighborhood, and I've appreciated having dialogue with the District 2 office and with you, Commissioner, and we are -- you know, we are really interested in moving forward with this project. And this is first reading; we're assuming it'll come backfor second reading, but in working with your office, you know, we know that there's -- This neighborhood is changing. There's improvements to be made, but we've -- you know, we're committed to a workforce component to the project, but at this point, you know, we have not submitted any kind of covenant or anything into the record; that's the intent, but (UNINTELLIGIBLE). Vice Chair Russell: Thank you very much, Mr. Wernick, and thank you for working with me on this. I know we've spoken a few times about this. And I'm glad you mentioned the CRA, because this development is in the heart of the CRA. And although development alone is not the sole goal of the CRA, affordability has become one of our big issues. And as we develop, I want to make sure that gentrification does not equal displacement and the inability for the residents who are there now to continue to afford to live there. So I really see an opportunity that, as this up -zoning would basically give a value to the developer, even if they wanted to flip it tomorrow, the new capacity could increase, as you mentioned to me, over 100 units, based on this entitlement. So I would be interested in hearing what the developer might be interested in proffering that would help us continue to achieve the goals of the CRA and the community as a whole. Mr. Wernick: Absolutely. And we've met with Jason Walker and his staff, and know that there's a lot of things -- a lot of exciting things going on in the CRA, and it is an area that's changing, and we are sensitive to making sure we are bringing on a product that is appropriate for the area; that, you know, makes the development feasible, but also, can address housing need. And, you know, we've had an opportunity, in advance of this hearing, to look at it and make sure that we're really committing to this neighborhood in a meaningful way. What we've been able to do -- and I think this is consistent with -- I mean, I think -- In my opinion, I think it's a meaningful commitment. What we would like to be able to do is have a baseline of 5 percent of the total number of residential units, at a minimum, affordable to that workforce category, up to 140 percent of the area median income, which is how the City of Miami Page 132 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 City of Miami defines workforce housing. But in the event that we take advantage -- if the project is utilizing the T6-12 zoning -- right? -- so if we end up moving forward with the project as we are planning to and, you know, increase the floor area, which allows us to add units to the building, we would be committing to the same commitment that Mello's project at 14th and Northeast Miami Place, which is basically 13.5 percent, so we would match that commitment in that kind of project. And we think, in this area, with the fire station to the south and the schools, we actually think, you know, we will have teachers, firemen, people who are already in this area that help to enhance the area, walkability, use of the parks, so we think, you know, this is a great way to help activate. We're obviously bringing a commitment by constructing a project, adding tax revenue in, but we also want to -- Vice Chair Russell: Thank you. Mr. Werner: -- make sure we address the housing. Vice Chair Russell: So that you'd be proffering a covenant of 30 years, I assume; proffering 5 percent workforce upon the entitlement, and if you chip into the bonuses, above 12 percent -- is that right? -- that you would then go to the 13 and a halfpercent workforce commitment? Mr. Werner: That's right. If we go above and beyond what we can achieve under today's zoning, which is T6-8, right? So if we tap into the floor area and the height that comes from the T6-12 zoning, the minute we tap into that, that commit -- that secondary commitment, which is -- Commissioner Suarez: Level. Mr. Werner: -- matches Mello, we would be working into that. Vice Chair Russell: Thank you very much. We'll definitely work on it between first and second reading. I'm in favor of this at this point. Commissioner Suarez: Sounds good. Commissioner Gort: Mr. Chairman, this is part of the incentive we had to provide to do so. If you read an article in the paper about two or three days ago, teachers cannot live in Miami; they cannot afford. I mean, we're talking about a teacher, which is a pretty good salary; not the best in the world, but they cannot afford to live in Miami. Commissioner Suarez: And I'll just wrap it up by saying that, you know, again -- and we said it at the CRA meeting the other day -- we are the most progressive city right now -- I think, maybe in the US (United States) -- in terms of promoting workforce, livable housing -- let's call it "livable housing" -- so I commend you guys for doing that. Thank you. Mr. Werner: Thank you. And by -- and these are minimums, right? We may end up exceeding them; hopefully, we can, but we are committed to those minimums. Vice Chair Russell: Thank you. Commissioner Suarez: By the way, there's incentives to exceed it. If you do all workforce housing, you get -- defer your impact fees for the duration of the project. So, I mean, there are financial incentives to go higher than that. Vice Chair Russell: Thank you. Any further comment from the dais? City of Miami Page 133 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Commissioner Suarez: Yes. PZ.11 ORDINANCE First Reading 2041 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 PROPERTIES LOCATED AT 3252 SOUTHWEST 22ND STREET AND 3277 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA FROM "74-R", URBAN GENERAL RESTRICTED, TO "74-L", URBAN GENERAL LIMITED; MAKING FINDINGS; 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: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Javier Vazquez: I just had a quick request to the Commission. I have item PZ. 11. I don't know if the Commission, since I'm up here, would like to take it out of order or not. Otherwise, I'll sit down. Commissioner Suarez: Is -- I'm fine with that, if the Chair is okay with that -- Vice Chair Russell: Of course. Commissioner Suarez: -- which is -- I think it's Sergio's. Mr. Vazquez: Yes. Commissioner Suarez: Is there anyone here in opposition to the Sergio's application? Raise your hand, anyone. Unidentified Speaker: I support it. Vice Chair Russell: PZ. IL Commissioner Suarez: Got supporters. Vice Chair Russell: Mr. Garcia. City of Miami Page 134 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Francisco Garcia (Director, Planning & Zoning): Yes, thank you. Item PZ.11 is before you on first reading. It is a request for -- my apologies. It is a request for a zoning change for a property or properties at 3252 Southwest 22nd Street and 3277 Southwest 22nd Terrace, and the requested zoning change is from T4 -R to T4 -L, and that would be on the portion abutting 22nd Terrace. The Planning & Zoning Department recommended denial; however, the Planning, Zoning & Appeals Board recommended approval by a vote of 8-1. The item does include a covenant, and I'll yield to the applicant to go further into details, as appropriate. Commissioner Suarez: Move the item. Vice Chair Russell: It's been moved by Commissioner Suarez. Commissioner Gort: Second. Vice Chair Russell: Second by Commissioner Gort. Commissioner Suarez: One issue -- I think two issues of clarification. I just want to clarify for the abutting neighbors in the back that there's not going to be any access opening from the backside to the front side. Can you confirm that? Mr. Vazquez: Not only will there not -- you're talking about pedestrian openings or - Commissioner Suarez: Any kind of opening. Mr. Vazquez: Any type. Yes. Commissioner Suarez: Correct. Mr. Vazquez: If we were to hear -- Commissioner Suarez: Neither pedestrians or vehicular. Mr. Vazquez: -- one of the things that were provided for and one of the conditions of their approval -- of their support was that there not be any connection or access from the parking to the backside of the property. Vice Chair Russell: Correct. Mr. Vazquez: One of the things that -- Commissioner Suarez: This is just an expansion of the already -existing parking lot, which, by the way, is in an overflow capacity. I know, because I go there often. Mr. Vazquez: One of the things that we committed to was -- Commissioner Suarez: Right. Mr. Vazquez: -- not only to -- that there not be that access, but pursuant to comments made at the Planning & Zoning Appeals Board, we committed by covenant to the construction of a six-foot masonry wall. Commissioner Suarez: Second issue: Landscape buffering, the back end, and maintaining the back end. That back end oftentimes is not well maintained. I understand you don't have to maintain the back end, but I would like for that to be part of this application. City of Miami Page 135 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Vazquez: We would accept that, as well, as a -- Commissioner Suarez: Okay. And the third thing is, we sometimes do get complaints from residents of using the blower late at night. And so, we would just -- between first and second reading, we just want to make that clear to the applicant that that's an issue. Mr. Vazquez: We have met with one of your -- Commissioner Suarez: Yes. Mr. Vazquez: -- constituents, Rami. He did bring us -- it wasn't a blower. It was pressure -cleaning and (UNINTELLIGIBLE) equipment -- Commissioner Suarez: Whatever. Mr. Vazquez: -- and we have made commitments to them, as well, on everything. Commissioner Suarez: Okay. So we'll move it on first, and we'll deal with this, if anything, on second. Okay? Mr. Vazquez: Very good. Thank you. Vice Chair Russell: It's been moved and seconded. Is there anyone from the public that would like to speak on this item regarding the Sergio's parking lot? Please step forward to the lectern. Have you been sworn in? Rami Sanjar: I have. Vice Chair Russell: Great. Mr. Sanjar: My name is Rami Sanjar. I'm the resident or owner of the property that is directly behind Sergio's. I wasn't really ready to speak in public, but I was really happy to have met Carlos, and I spoke over some of the concerns that Commissioner Francis Suarez has presented, and he's also been very helpful in trying to resolve these issues, as well. So I want to thank Sergio's, first of all, after having to speak to him during the intermission that we had, for making a promise to, I guess, address some of these issues. And I also want to thank him for beautifying our neighborhood, as well, because I do -- there are some positives of having an owner like Sergio's, that does, you know, plant trees, and is probably going to raise the wall, which will help the noise that comes from the day-to-day operations of a restaurant, like a busy restaurant, like Sergio's, you know. And I would -- I'm looking forward to these changes; the raising of the wall; and the bricks, the addition of the bricks and the masonry. I am against having any pedestrian or vehicle access to 22nd Terrace. Aside from that, thank you very much to all, and it's good to see you again, as well. Commissioner Suarez: So -- and I just want to say -- because we did have a brief conversation before the item in the lobby, so I just want to make that Jennings disclosure; that there was a communication. I have to do that, legally. Mr. Sanjar: Yes. Commissioner Suarez: Okay. Mr. Sanjar: Thank you very much. And thank you, Carlos, as well. City of Miami Page 136 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Vazquez: Thank you. Mr. Sanjar: Thankyou, Javier. Commissioner Gort: I think the landscaping and tree planting is very important, and you need to improve the neighborhood -- Commissioner Suarez: They got it from the Sedano's. Commissioner Gort: -- (UNINTELLIGIBLE). Commissioner Suarez: Yeah. Mr. Vazquez: To say -- if I could, just procedurally, if I could ask the City Attorney's Office, since this is a rezoning that we cannot condition, it's going to be an add-on to our covenant, and I would like to just get a little bit of clarification on that, because it is important to the Commissioner, and we are okay with what he's -- but I want to make sure that between first and second reading we come back with the right language, and I'll be delighted to meet out -- reach out to you between the two. We don't have to do it right now, unless you think it's necessary to establish that language now. Barnaby Min (Deputy City Attorney): Mr. Chairman, would you like me to respond? Commissioner Gort: Yeah. Mr. Min: Yes. If there is a -- if the applicant is voluntarily proffering a covenant -- Mr. Vazquez: Yes. Mr. Min: -- and the Commission wants to accept it, fantastic. Obviously, I would like to look at it between first and second to ensure that all that (UNINTELLIGIBLE). Commissioner Suarez: And I'll be happy to look at it, too, if I'm allowed to. Mr. Vazquez: And then last but not least, I would be remissed [sic] if I didn't thank Ms. Gilda Rodriguez, president of the Golden Pines Neighborhood Association, who was very, very meaningful in this process -- Commissioner Suarez: Great. Mr. Vazquez: -- met with us, submitted over 60 petitions in support, and I'd be remissed [sic] if I didn't say, "thank you" to her publicly. Commissioner Suarez: And I just would like to add just quickly for the record that, you know, Sergio's is a wonderful institution in our County, but certainly, in our City and in my district. They have been so successful that they're overflowing, and I think this actually is wonderful for the community, because it's a -- you know, it's gotten pretty backed up in terms of the number of customers that they want. So they're doing so well that they need more parking, and this is a good way to do it. Thank you. Vice Chair Russell: Thank you very much. Is there any further comment from the public? Hearing none. City of Miami Page 137 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Mr. Min: It's an ordinance of the Miami City -- Vice Chair Russell: You have an additional comment, sir? Mr. Sanjar: May I add one more thing (UNINTELLIGIBLE)? Vice Chair Russell: Of course. Mr. Sanjar: Is it okay? Vice Chair Russell: Yes. Mr. Sanjar: Also, I wish that -- I don't know if McDonald's can be approached on their property in the back. They --you know, they do a poor job of maintaining their back side of the restaurant; whereas, opposed to -- Sergio's actually does a much better job. Commissioner Suarez: And here's the problem with that: Like -- and, you know, the beauty of this -- what's beautiful about this is that it's an opportunity for us --for me, in particular -- to sort of tighten the screws, if you will -- Mr. Sanjar: Yes. Commissioner Suarez: -- and put more robust obligations on the owner. So there sometimes is an "up" side to somebody coming in and asking us for something. Unfortunately, McDonald's is not asking us for anything. Mr. Sanjar: Yeah. Commissioner Suarez: And so, had that McDonald's application happened while I was Commissioner, I can promise you that they would be required to do identically, you know, to what I'm asking Sergio's to do, because it's the right thing for the residents. Mr. Sanjar: Correct. Commissioner Suarez: And so, you know, I don't know how we can do that. I'd like - - go ahead. Maybe the Commissioner has an idea. Commissioner Gort: Let me give you a suggestion. Same residents that worked on this plan could put a letter together and send it to McDonald's headquarters. Commissioner Suarez: And I'll send a letter, as well. Commissioner Gort: You send a letter, as well. Commissioner Suarez: Yeah. Commissioner Gort: Yeah. Mr. Sanjar: Okay. Commissioner Suarez: To their corporate headquarters. Unidentified Speaker: Yeah. Mr. Sanjar: Where would I need to send that letter? City of Miami Page 138 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: We'll figure it out. We'll figure it out. Mr. Sanjar: You'll figure it out? All right. Commissioner Gort: The district Commissioner will take care of that. Mr. Sanjar: All right. Thankyou. Commissioner Suarez: Thanks. Vice Chair Russell: Thank you. No further discussion on this item? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: Roll call, please. Todd B. Hannon (City Clerk): Roll call on item PZ. 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Mr. Vazquez: What date will the second reading be, please? Vice Chair Russell: I'm sorry, I couldn't -- Mr. Min: I believe May 25 is the next P&Z (Planning & Zoning) agenda. Commissioner Gort: Right. Mr. Vazquez: Thank you. Have a good afternoon. Thank you for taking us out of order. Vice Chair Russell: Thank you. City of Miami Page 139 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 PZ.12 ORDINANCE First Reading 2038 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 ABSENT: APPROXIMATELY 565 NORTHEAST 71 STREET AND THE Note for the Record. Item PZ.12 was continued to the May 25, 2017, Planning and WESTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD Meeting. FROM 74-L", GENERAL URBAN TRANSECT ZONE -LIMITED, TO 74-0", GENERAL URBAN TRANSECT ZONE -OPEN, AND CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 7010, 7020, 7030, 7100 BISCAYNE BOULEVARD AND THE EASTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD FROM "75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO 76-8-0", URBAN CORE TRANSECT ZONE -OPEN, MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.12 was continued to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.12, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " Citv ofMiami Page 140 Printed on 612212017 City Commission Meeting Minutes April 27, 2017 PZ.13 ORDINANCE First Reading 2039 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 Zoning APPROXIMATELY 1336, 1348, AND 1366 NORTHEAST 1ST AVENUE, 50 AND 58 NORTHEAST 14TH STREET AND 1335 NORTHEAST MIAMI COURT, MIAMI, FLORIDA FROM 76 -24 -A -O", URBAN CORE TRANSECT ZONE -A -OPEN, TO 76 -24B -O", URBAN CORE TRANSECT ZONE -B -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.13 was deferred to the May 11, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing item PZ. 13, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s). " PZ.14 RESOLUTION 2043 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ELVIS CRUZ AND THE Department of MORNINGSIDE CIVIC ASSOCIATION AND REVERSING/AFFIRMING Planning and THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL Zoning PRESERVATION BOARD'S APPROVAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT FOR THE RENOVATION OF THE CONTRIBUTING STRUCTURE, DEMOLITION OF THE NON-CONTRIBUTING STRUCTURE, AND THE NEW CONSTRUCTION OF A THREE-STORY COMMERCIAL BUILDING LOCATED AT APPROXIMATELY 5101 - 5125 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Note for the Record. Item PZ.14 was deferred to the May 11, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing item PZ.14, please see "Order of the Day," item DL 3, and "Part B: PZ - Planning and Zoning Item(s). " Citv ofMiami Page 141 Printcd on 612212017 City Commission Meeting Minutes April 27, 2017 END OF PLANNING AND ZONING ITEM(S) Citv ofMiami Page 142 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS Citv ofMiami Page 143 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 144 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 145 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 146 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 147 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 148 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 2121 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 62-22 OF THE CODE OF THE CITY OF MIAMI, "PLANNING Office FLORIDA, AS AMENDED, ENTITLED AND ZONING/SCHEDULE OF FEES", TO PROHIBIT NEW PERMITS FROM BEING ISSUED FOR NON -HOMESTEAD PROPERTIES WHERE THERE ARE OUTSTANDING CODE ENFORCEMENT VIOLATIONS, BUILDING VIOLATIONS, CITY LIENS, OR CITY INVOICES DUE AND OWING; AMENDING CHAPTER 2-272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ADMINISTRATION/CONSTRUCTION PLAN CHECKING FEE", FOR THE SAME PURPOSE; EXCEPTING PERMITS TO REPAIR NECESSARY LIFE SAFETY ISSUES AND OPEN VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION Citv ofMiami Page 149 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 2244 A RESOLUTION OF THE MIAMI CITY COMMISSION CONDEMNING THE REPORTED ABUSE OF ALLEGED LESBIAN, Commissioners and GAY, BISEXUAL, AND TRANSGENDER ("LGBTQ") PERSONS IN Mayor THE CHECHEN REPUBLIC AND URGING PRESIDENT DONALD J. TRUMP'S ADMINISTRATION AND THE UNITED STATES SECRETARY OF STATE TO TAKE IMMEDIATE DIPLOMATIC ACTION TO DEMAND THE HALTING OF ABDUCTIONS, DETENTIONS, BEATINGS, AND KILLINGS OF MEN PERCEIVED TO BE GAY, BISEXUAL, OR TRANSGENDER IN THE CHECHEN REPUBLIC; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO PRESIDENT DONALD J. TRUMP AND THE UNITED STATES SECRETARY OF STATE. ENACTMENT NUMBER: R-17-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Suarez ABSENT: Hardemon, Carollo Commissioner Suarez: Mr. Chair, I have a pocket item, just before we adjourn. It's a resolution condemning the reported abuse of alleged LBGT (Lesbian, Bisexual, Gay, Transgender) persons in the Chechnya Republic, and urging President Trump's administration and the US (United States) Secretary of State to take immediate diplomatic action, demanding the halt of abductions, detentions, beatings, and killings of people perceived to be part of the LGBT community. I was prompted to present this resolution in response to reports emerging from Chechen [sic] Republic of these abductions allegedly being carried out by local militia and local security forces. All human beings deserve to have basic protections and to be fi^ee firom such deplorable treatment, regardless of race, sex, religion, or orientation. It is my sincere hope that these horrible actions cease soon, and my prayers are with those currently suffering from such abuse, so I just want to make that motion. Vice Chair Russell: I second that. The Chair -- seconded by the Chair. Any discussion from the public on that resolution? Hearing none, any discussion from the dais? All in favor; say "aye. " The Commission (Collectively): Aye. Commissioner Suarez: Thankyou. Vice Chair Russell: Motion passes. Commissioner Suarez: Thank you, Mr. Chair. Vice Chair Russell: Is that our last item? City of Miami Page 150 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 NA.2 RESOLUTION 2285 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT DONALD J. TRUMP AND THE MEMBERS OF THE Commissioners and 115TH UNITED STATES CONGRESS TO CONTINUE GRANTING Mayor TEMPORARY PROTECTIVE STATUS TO HAITIANS IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-17-0208 MOTION TO RESULT: MOVER: SECONDER AYES: ABSENT: Adopt ADOPTED Wifredo (Willy) Gort, Commissioner Francis Suarez, Commissioner Russell, Gort, Suarez Hardemon, Carollo Commissioner Gort: Let me ask a question. How `bout you making a resolution about the Haitian? They're trying to -- Commissioner Suarez: Absolutely. Commissioner Gort: Let's make one about the Haitians. Commissioner Suarez: Right now. Commissioner Gort: So they can hear the problem in (UNINTELLIGIBLE) world -- Commissioner Suarez: So -- Commissioner Gort: -- they got to find (UNINTELLIGIBLE) the individuals that are Haitian descendant that work there that -- Commissioner Suarez: Yes. Commissioner Gort: -- might be deported. Commissioner Suarez: So I will make a motion that we support the extension of temporary status -- I think it's -- I forget the exact technical term for it, but -- it's a temporary protective status, TPS; that they be extended for the thousands and tens of thousands of Haitians that are coming up against that deadline. Vice Chair Russell: Barnaby, is that sufficient? Commissioner Gort: Move it. Barnaby Min (Deputy City Attorney): Yes. And there was a previous resolution, so I can cut and paste a lot of the language from the past. Commissioner Suarez: Yeah. That's fine. Vice Chair Russell: It's been moved by Commissioner Gort. City of Miami Page 151 Printed on 6/22/2017 City Commission Meeting Minutes April 27, 2017 Commissioner Suarez: Yeah. Second. That's fine. Vice Chair Russell: Moved and seconded. Commissioner Suarez: That's fine. Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Is that our last item? Commissioner Suarez: Move to adjourn. Vice Chair Russell: We are adjourned. Commissioner Suarez: Thankyou. Commissioner Gort: Good job, Mr. Chairman. Vice Chair Russell: Thank you very much. ADJOURNMENT The meeting adjourned at 5:37 p.m. City of Miami Page 152 Printed on 6/22/2017